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Messages - Oscar Michelen

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481
Legal Controversies Forum / Re: The Little Guy Wins!
« on: December 27, 2011, 08:53:58 PM »
Great case study! I agree that it can be compared to the HAN issue but only if one can establish that HAN "seeded" the internet with its image on free wallpaper sites. 

482
Just want to add that PACER does not charge 8 cents a page to view Federal Court decisions. Those are completely free of charge.

483
Getty Images Letter Forum / Re: My 1st Copyright Letter
« on: December 27, 2011, 08:46:53 PM »
I am sure it is $750.00 a rather standard Getty demand amount. Besides, if it is $75.00 why would you even bother to discuss it?

484
Getty Images Letter Forum / Re: Legal Fund
« on: December 27, 2011, 08:44:31 PM »
Matt and I discussed this and I had already been considering doing an amicus brief  in the HAN matters, depending largely on the defendant's attorneys responses. I am touched by the willingness of you to put your money where your mouth is, but I would not accept any donations towards defraying my time. As for how you can help, all of you have helped through the years by posting comments and insights and keeping this forum alive; it is without a doubt the best source for information on this issue anywhere in the world.

485
Hawaiian Letters & Lawsuits Forum / Re: Hawaiin Artwork, LLC Files Lawsuit!
« on: December 05, 2011, 07:54:48 PM »
The company is carefully picking and choosing whom to file against and is focusing on Hawaiian businesses. They still will have many issues to deal with in court and it will be interesting to see how the Federal District Court responds to these cases. My biggest concern is that if these cases are not properly defended they could make bad law which will help all the other digital image companies in the 9th Circuit, which  includes California! So while it may seem that its just little old Hawaiian Art Network involved over a few filings, there may be a lot more at stake here.       

486
Getty Images Letter Forum / Re: A well deserved entertainment moment
« on: November 17, 2011, 11:41:58 AM »
Love it!

487
Getty Images Letter Forum / Re: Stock Food America
« on: November 17, 2011, 11:22:05 AM »
We have always protected the end user and redacted all of their information and Matt is very cautious in that regard.

488
Getty Images Letter Forum / Re: How they find you...
« on: November 17, 2011, 11:19:48 AM »
I think they will not go too far to find a company as Getty is issuing hundreds maybe thousands of letters per week and getting lots of checks sent to them, so they are likely only going to do some basic attempts to search for the end users.

489
Getty Images Letter Forum / Re: Oscar Letter Program
« on: November 16, 2011, 04:02:13 PM »
The letter is generated within 48 hours normally and when they get it they have to stop communication with you  immediately.

490
Getty Images Letter Forum / Re: ELI Financial Issues
« on: November 16, 2011, 03:59:51 PM »
All good suggestions

491
Getty Images Letter Forum / Re: My Letter Policy
« on: November 16, 2011, 03:57:53 PM »
Once Getty receives my letter they can no longer contact you directly and can only contact me. If they decide to sue however, of course the $195 does not cover litigation though you are under no obligation to use my firm for the lawsuit. 

492
Matt: An EFF complaint might be a good idea relating to these attorneys that are complaining about us posting things they have written and put on their own LinkedIn sites.  

493
Getty Images Letter Forum / Re: ASMP to Getty Photographers: Time to Bail
« on: November 05, 2011, 06:04:13 PM »
Good safety tip Matt There is no magic percentage but linking to it is probably safest

494
The court in this case recently denied almost all of Getty's motion to dismiss dismissing only one small part of plaintiff's claim.  The plaintiff had claimed that Getty should be responsible for the photographer's use of the tree fresheners in their photographers (Vicarious liability) but the court said that it was GETTY and not the photographers who are placing the images in commerce and therefore violating the trademarks

495
Just because it looks like a collection letter doesn't meant that it is.  You cannot be put into collection nor can this be reported to a credit reporting agency nor can your credit be harmed by a Getty claim because it is just that a claim and not a debt. I have no problem with additional categories, whatever helps find  info though you can search the forum

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