563
« on: August 28, 2011, 12:53:39 PM »
OK, just a few points before I address the main topic. (1) I do not make a significant amount of money from this site at all, in fact I consider it a loss leader. I reduce my regular $450 per hour fee to try and give some form of response for people who receive this letter, it introduces them to my firm, and it fells good to help people out(2)If I was getting 1,000 of letters per month (at $195 each) I would be doing nothing else but monitoring this site constantly not just popping in every now and again usually if you notice on weekends and days off, so as to not to take time away from my busy regular practice; Matt Chan makes nothing off the few $195 clients per month that come to me through this site so what's his angle? (3)I call it Extortion Letter because it is in my and Matt Chan's opinion bullying and extortive to demand more than the alleged wrong is worth knowing that the inflated amount is still not enough for most people to fight over instead of just sending in a check. The digital image companies have not done anything to take it down because the First Amendment protects me from being sued for my expressions of my opinion. I also say it is "Legalized extortion" which is why no attorney general I have reached out to in the beginning of this issue three years ago saw fit to get involved. In Idaho, I believe, the Attorney General there heavily fined one of the digital image companies only because they had globally settled with a website template company yet were still making monetary demands from end users who used that template company; in essence they were trying to collect twice for the same infringement; (4) Every so often (certainly two months don't go by) a class action lawyer or firm contacts me expressing interest in taking this on. I provide them with all the info, another hour discussion on the phone, redacted copies of the letters, etc. And then hear nothing. This happened as recently as a few weeks ago. No response yet from the last lawyer. I am not allergic to making money or handling controversial cases or taking on the big guys. My track record proves that I have done all of those in the past and currently continue to do so. If there was valid way to bring a class action for this conduct, I would have done so years ago or one of these firms, who do nothing but bring consumer class actions. Barratry requires the litigant to have no claim - these companies do have a right to protect these images. It is not harassment to try and collect for an infringement; it is their methods and demand amounts that are just overbearing and disturbing. But as always I am open to suggestions so please tell me what would the basis be for a class action; what is the illegal conduct they are engaging in that gives rise to a claim? I will be the first to sign on to bring the case myself!
Show Posts