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Messages - Matthew Chan

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466
Not that I know of.

Thanks again Matthew. 

But, as far as you are aware, RM and Youngson (via Higbee) has yet to sue anyone?

467
Getty Images Letter Forum / Re: Heads up Destination360 possible issue
« on: February 08, 2017, 06:11:09 PM »
D360,

The owner can determine a PRICE for an image but only the marketplace can determine the true "worth" and "market price". It is subjective.

I can say I have an apple that is "worth" $1,000.  That apple is one of a kind.  But no one is going to pay $1,000 for a dumb apple that can be in most grocery stores for less than $1.  It doesn't matter how much work, fertilizer, TLC, or dollars, etc. to grow that single apple. The market price is less than $1, period end of story.  Hence the market's valuation of the worth of that apple is $1.  However, if that same apple is being offered in the middle of a desert with no other options, suddenly that same apple can be worth $10,000.

Images are readily accessible anywhere on the Internet. Images are grossly abundant. Hence, most pros don't want to acknowledge that their hard work may have a low market value by the sheer glut of images available today.

So, if someone demand $1,000 for an image to pay, an infringer can legally challenge that notion. They have a right and duty to challenge it. They have the right to negotiate or make a counter offer.  They can also choose not to pay at all.  People have a right to decide how to proceed. But it is no secret that we feel most extortion letters are disproportionate.

However, I do agree that people should not be trolling on unknown websites for free photos. It is fraught with peril.

Are you actually demanding an amount that is reasonable?
What's reasonable? If we account for the time it takes to monitor our images, contacting individual, and resolving it.
Yes I'd say it's very reasonable.

An image worth 1k sure... I believe its the owner that should determine its worth. Much of this issue could be resolved if the person who takes the image were to just track down who owns the images before they use it. If you can't determine ownership than go buy one from any number of stock photo agencies for $2-5. Don't rely on some vague royalty free stock site that jimmy's cousin put up plastered with AdSense ads.

Cheers,
D360

468
Higbee & Associates as the new kid is traveling a road we have seen in the past.  As word gets out on them (because people keep reporting information to me), they are bumping around in the night trying different (but familiar to us) tactics and strategies to intimidate people into paying.

Higbee is traveling down a path very similar to Timmy McCormack who used to work for Getty Images.

And yes, there are MANY people getting Higbee letters over the Youngson lack of attribution issue.  It is turning out to be one nice honeypot for Youngson and Higbee.

I continue to be surprised by the number of people being ensnared in all this.

And I believe a UK corporate entity could hire a US lawyer to represent their interests in a lawsuit. But that doesn't mean it would go very far either. It all depends on how much work and effort they want to pursue. It also depends on how savvy and determined a defendant is also in fighting back.

469
There is nothing actionable at this point. This is simply informative for people to understand the subtleties that often go unnoticed or understand the relevance.  People just see the template lawsuit and it means very little to most people because they don't look at some of the details as closely as I do.

I don't think it will be so easy to explain any lawsuit that might be filed under RM Media Ltd. when the copyright certificate is in Nick's name.  That is my point. It is an issue to consider and argument point in my view.

Now what?

470
I have received new information that Higbee & Associates is now sending out template lawsuits along with their written communications to help give more teeth to their enforcement attempts. This follows the last report I made regarding Higbee's office being more assertive and making phone calls to letter recipients.

One important piece of information that appears to have been uncovered is that Nick Youngson appears to operate as RM Media Ltd.

The first record I found on RM Media Ltd. (Hilton Hall, Hilton Lane, Wolverhampton, England, WV112BQ) is this one:
https://beta.companieshouse.gov.uk/company/07478681/filing-history

It was incorporated in December 29, 2010 and then dissolved on January 31, 2012. I cannot tell exactly but it might have been he did not pay his annual registration fees so it was dissolved by the registrar agency.

However, I found another RM Media Ltd. registration. It is from 2016. Check out these two links:
https://beta.companieshouse.gov.uk/company/10103835/filing-history
https://www.endole.co.uk/company/10103835/rm-media-ltd

This one was filed recently in April 5, 2016.

I don't know the legalities here and will look into this further but Higbee is implying (through the template lawsuit) that if Nick Youngson decides to take court actions in the U.S., it would be under RM Media Ltd., NOT under his personal name. However, all the copyright registrations I have seen so far are under his name, NOT RM Media Ltd.

It is conceivable and possible for Nick to file a lawsuit in the U.S. under RM Media Ltd. but I believe there might be some legal acrobatics required to do so since the copyright registrations are under his name as an individual. Generally speaking, only copyright holders can file lawsuits unless there is some transfer or assignment of copyright.

Similar tactics were seen in the Righthaven lawsuits (several years ago and subsequently put out of business by its many enemies). Federal court judges frowned upon transfers and assignments for the sole purpose of filing copyright infringement lawsuits. Any copyright infringement defense lawyer would probably want to ask and probe for such documents to find out why RM Media Ltd. are bringing any potential lawsuits, and not Nick Youngson, personally.

As always, check back for additional reports and information we uncover.

471
Getty Images Letter Forum / Masterfile's New Collection Lawyers
« on: January 27, 2017, 11:41:39 AM »
For a while, Photoattorney Carolyn Wright's law firm was handling several of Masterfile's "escalated" claims. For whatever reason, Carolyn Wright seems to have stepped back from the extortion letter collection business.

California lawyer Leslie Burns, burnsthelawyer.com, claimed the Carolyn Wright "retired". I did some online research months ago to verify this and found Carolyn's law firm still in good standing which indicated to me she had not entirely folded her business. My guess is she has moved on to another area of practice.

In any case, we started seeing Leslie Burns' name pop up more frequently seemingly taken over from the Photoattorney operation on Masterfile escalated matters. Leslie previously worked with Carolyn and the Photoattorney operation.

Most recently, another familiar name has popped up again. Tyra Hughley Smith. Her name was last seen around 2013 when she was a lawyer working for Carolyn Wright's firm.

It appears she has put up her own shingle and formed her own law firm. I am not sure if Tyra is taking over as Masterfile's new collection lawyer or if she is working as an additional Masterfile resource lawyer in addition to Leslie Burns.

In any case, it does appear Tyra Hughley Smith seems to have dipped her toe into the extortion letter collections waters under her own firm's name and not Photoattorney's.

Similar to Leslie Burns letters, a letter I have seen from Tyra Hughley Smith seem to borrow very heavily from the Photoattorney letters.

My assessment for both Leslie Burns and Tyra Hughley Smith is that they are no Oscar Michelen. I see little indication they are experienced litigators, mostly paper pushers from what I can see. I don't see a lot of "meat and potatoes" in their experience as with ELI's Oscar Michelen who has a lot of experienced muscle in his resume.

If Masterfile ever pursues filing a lawsuit against anyone, I cannot seem Masterfile actually using Leslie or Tyra unless they work cheap. Masterfile would likely have to hire someone more seasoned to pursue a serious copyright infringement lawsuit.  Not just a lawsuit for the purpose of intimidating someone to settle.

The last time I saw Masterfile file lawsuits was around this time last year. There were two of them. And they seem to be hand-picked to make an example out of someone and for PR purposes.


472
The upside to VOJF is that it is a reminder to Linda Ellis (or anyone else) that no one at ELI ever did the stuff Joel-sica/VOJF did. Not even close.  This is the same website that Linda wanted to offer her comments and fed the out-of-context crunt snippet to VOJF try to throw Robert under the bus with.

No one was commenting or talking about her here on ELI. She was largely a dead topic with the disabled LE/LL/DP Forum. But both VOJF and Linda herself decided to dredge up the past to try to say their shit.  And given how Linda accuses April of being "obsessed", Linda did herself no favors here. More fodder for April to complain about regarding Linda.

I am comfortable owning up to my side of things including my weakness to say some cuss words when I get unhappy (as if that was ever a secret). Is Linda comfortable admitting that she traffics in victimhood?  (Hey everyone! I am a cyberbully/cyberstalking victim (but no one ever sends her any messages)! Look at what bad words he said about me! He hurt my feelings and "threatened" me. 10-seconds out of a 33-minute discussion.  GMAFB.)  If she was such a cyberbully victim, what does that make Robert?

I don't see Robert crying he was being cyberbullied despite the fact VOJF has gone to all sorts of sordid places and name attacked, smeared, and weaponized so many "innocents" and family members all in the name of Linda and other "victims".  I imagine it is really great to find out that someone online is targeting, attacking, and smearing you by virtue of you simply being related or knowing them. How does that sound and look?

But Linda can be happy with her distorted little digs on me, Robert, and April on the Miami-Herald article comment section. I may yet post a rebuttal on Miami Herald but it just hasn't been a high priority.

I am beginning to think April is right. Some people (like Linda) seem to want to create and attract more drama to get attention when it had nothing to do with them. Sad.

Out of all the fake commenters on VOJF, Linda's was the only "legitimate" one in that desert of a "blog". Sad.

I do commend Robert for not bringing in Mr. Albrizio's family, business associates, customers etc into it after all the failed attacks on his family.  ELI and related sites have never done that. I think it also helps that the VOJF posts are so laughable and *ANYONE* who looks at it objectively will see it for what it is.

473
It is very hard to get this genie back in the bottle.  "Joel-sica" (stealing from Greg's nickname of Jessica/Joel) may or may not realize that he has actually taken his own narrative in a very STRANGE direction seemingly impersonating a woman to pen and host VOJF.  (He has strangely not issued any denials or accused someone else of VOJF). Before VOJF, it was Robert writing and commenting on CRT about Adlife Marketing & Joel. Very straightforward stuff.

But with the debut of VOJF, Joel-sica has taken everything down a serious rabbit hole with unintended consequences. He tried to "defend" Linda's honor but we are pretty certain Linda's name and complaints were being hijacked for his own purposes. Along the way, he dredged up shit relating to Linda (with Linda being all too suspiciously cooperative) that have stuck under my craw (the altered/cropped court exhibits and Betsy McBride's cheating not vetting her client's exhibits for example) and Linda's inane "video snippets". So, no one is supposed to comment on Linda given that she provided the distorted fodder to Joel-sica on VOJF? Not hardly.

Linda wants to get her digs in on me and Robert (through her pitiful video snippets) but also feels the need to defender herself of CRT because she feels that her role was mischaracterized. Of course, we have to point out how disingenuous and hypocritical her complaints are.

As a liberal, progressive woman, April brings up brings up interesting arguments of how anyone can take a basic of neutral actions and then pervert, twist, and bastardize it into weird/distorted ways using a budding entertainer/singer/model as a potential example. We saw how frequently Linda did this exact twsty, distorted, out of context thing and that is why some members suspected Linda as being part of VOJF. Very similar modes of operating and attacking. It fools only the uninformed.

But no one has gone there. Yet, Joel-sica keeps pounding away on Robert's wife and son as if the reverse could not be done.  Exactly how long does Joel-sica expect Robert to stay quiet and not "go there"?  Is Joel-sica trying to goad Robert into "going there" with the relentless attacks on his "innocents"? Honestly, if MY "innocents" or family were being relentlessly attacked or smeared, I would be stupid not to consider it. Personally, I think Robert has been way too subdued but I also understand the idea of not wasting time and energy on stupid stuff.

And That is what VOJF is about.  Bringing in the "innocents" and blatantly "weaponizing" them to accomplish a specific objective:  take down CRT or minimally silence Robert indefinitely. But it lacks credibility.  To keep Robert "in line", Joel-sica is going to have to devote every fucking day to this project coming up with new shit to talk about without crossing over to libel territory.

It has been 32 days so far.  How many more ways can Joel-sica insult, twist, or attempt to tarnish Robert?  I supposed Joel-sica hasn't yet insinuated that Robert could be a cannibal, animal beater, or serial rapist. After all, Joel-sica has repeatedly made cracks about Robert and "little girls".  That is walking pretty close to the edge of the cliff is you ask me. Exactly how close to the edge is Joel-sica trying to take things?

Exactly how far, is Joel-sica going to keep hammering and tarnishing Robert's "innocents" is my question? And does Joel-sica naively expect that someone might not toy with the idea of executing a "reverse attack"?  April Brown certainly got that idea all on her own and spoke her mind. God help the person who ever tried to attack April directly. A can of whup-ass would be considered a sedative if that ever happened. April would probably "go there" if she was pushed hard enough.

On a different front, DieTrollDie has publicly reported that the "Jessica Langston" FB account has been taken down. We are not sure if Joel-sica took it down himself or FB itself took it down. However, it is a new development.

https://dietrolldie.com/2017/01/19/three-troll-post-not-prenda-but-still-all-idiots-19-jan-2017/


474
April Brown wrote a long commentary from the female perspective 3 days ago about this whole weird VOJF thing. It is worth reading.

http://copyright-trolls.com/2.0/anonymous-blogger-adlife-marketing-attempts-to-shame-copyright-trolls-com-into-going-offline/#comment-841

475
You shouldn't write that. Linda might feel "threatened" and get a protective order against you for it.

he'll toss her to the curb when he's done and won't look back.

476
Linda is wrong, as usual.  Jessica/Joel does NOT have a backbone. He is posting "anonymously" under the guise of "concerned citizens/parents of Jupiter". It is an OUTRIGHT LIE.  He won't post under his own name or true identity. He uses a fake premise (ANOTHER LIE) to launch a smear blog. A middle-aged business guy who impersonates a young woman online to trash a family of innocents? GMAB.

Any idiot can launch an anonymous blog and lob insults and distorted accusations as "anonymous" blogger. And also, the fake commenters? Seriously?  Our network of bloggers and commenters don't engage in that type of fakery.

Jessica/Joel has no support that any of us can see. Every email that Jessica/Joel sent to others seemed to be treated as Spam or they informed Robert of the "weird emails".

And regarding Linda's "extremes"? Don't get me started on another rant. I got three words for her:  "ALTERED COURT EXHIBITS"! She and her lawyer, Betsy, get to own that one.

Or how about Linda making the rounds on calling April's husband, contacts, etc.? We all know how that turned out. April got really unhappy. Not only was it all ineffective (no one cared), Linda got herself a free negative publicist out of it. April has now become a storage place of a majority of Linda Lyric's letters.

http://copyright-trolls.com/2.0/the-war-of-words-and-how-low-copyright-trolls-will-go/#comment-858

It is interesting to me that as per Ellis' comment on CRT, she seems to feel that someone going after "family members" or "innocents" is "someone with a backbone". Robert is correct in stating that no one ever did such a thing to Albrizio or Ellis with this regard.

Although Ellis did not do what Jessy/Joel is doing, she did have her own "extremes" such as filing a "bogus" PPO against Matthew. There were plenty of "falsehoods" in that whole fiasco for sure.

I tend to also believe that Ellis is not involved with VOJF. She's involved not because of "immature creations" as she put it but because she's a troll whom has been reported. Period...end.

477
Good point on her little name-calling digs.  She also used one of my favorite name calls by writing: "you morons". I got a smile on that one.

I was actually surprised she used the term "pissed off" as well.

In all of Ellis' "preaching" in telling Robert "what kind of man he should be",
she herself would never resort to immature "name calling" right "Snuffleupagus"?

478
I made a lengthy response to Linda's snippy, tongue-lashing against Robert:

http://copyright-trolls.com/2.0/the-war-of-words-and-how-low-copyright-trolls-will-go/#comment-873

479
My post is in reference to Linda's response on CRT:
http://copyright-trolls.com/2.0/the-war-of-words-and-how-low-copyright-trolls-will-go/#comment-858

For years, Linda Ellis has been crying to anyone that would listen how "we" were "cyberbullying" her. My position was that her accusations were actually an insult to true victims of cyberbullying. She doesn't understand the true issues.

Linda can see for herself what is going down on VOJF. It ain't about Jupiter. It is all about taking down Robert and CRT. And Linda can see for herself the cause she "joined" in VOJF and the tactics being used against the ENTIRE Krausankas family and some Jupiter volleyball members.

She might think twice before shouting "I am a cyberbully victim" next time. She now has something as a basis of comparison. She can self-reflect on this.

1. Wife being named constantly to tarnish her online reputation.
2.  18-year old son named constantly to tarnish his online reputation at his early career.
3.  Constant mentions to the "minor daughter".
4.  Jupiter Volleyball orgs named frequently to smear their name
5. A Jupiter volleyball coach being named frequently to smear her name.
6. Clients being contact and emailed.
7.  An "anonymous" blogger who is probably impersonating a woman because he is too cowardly to stand by his own writings.
8.  All the references to Linda and the memes, is VOJF really trying to help her?  Or is the blogger doing all this for entirely self-serving reasons? Is she being thrown under the bus? As long as VOJF remains up, Linda remains tied to it via her comments and all the stuff Jessica/Joel is writing in reference to her.

As I said elsewhere, VOJF has just become one big fuckfest and the list of innocent names being tagged and named grow larger and larger and it has not even hit a full 30-days yet? How big will all this get?  Will this get to 100 posts where EVERY post is about the Krausankas family?

Is this something Linda would condone or endorse even against someone who insulted her? She was very quick to jump on the VOJF bandwagon to comment.

480
April Brown, author of Poetic Justice, commented on the VOJF situation and the Linda Ellis (Dash Poet) connection. (Please note that her post was 3 days ago and doesn't necessarily reflect the latest information)

http://www.aprilbrown.com/copyright-infringement-the-das/2017/1/17/shocked-im-not-linda-ellis-and-joel-albrizio-not-so-strange.html

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