Messages

571

Getty Images Letter Forum / Re: Possible reasons for class action suit against Getty in the USA

« on: July 26, 2012, 11:58:37 AM »

Scraggy, I think these discussions are very good.  There are lots of angles from which to come at this.  As long as we keep this topic on the table and keep attacking it from different angles, I am certain that some day a smart lawyer might see a winning line and agree to take Getty on in a class action suit.

Without these discussions, that possibility becomes more remote.  I too, wonder what Oscar thinks of your angle.

572

Getty Images Letter Forum / Re: Possible reasons for class action suit against Getty in the USA

« on: July 24, 2012, 04:47:06 PM »

@Scraggy:  Can't the courts cut through the secrecy clauses?  Or does this mean, if the judge decides to switch the plaintiffs, then he is going to cut through the secrecy clauses?

573

Getty Images Letter Forum / Re: Heres your Saturday snicker!!

« on: July 24, 2012, 01:50:17 PM »

LOL That certainly captures it!

574

Getty Images Letter Forum / Re: Who owns the copyright GI US or one of their international Affiliates

« on: July 24, 2012, 09:13:05 AM »

Wouldn't it also be fraud to claim they have the rights, but no Getty firm has "exclusive" rights.  I think I have seen cases on this board where Getty claims rights, but the author is also selling or claims they quit with Getty.

I think Getty plays the gray area with the courts on that issue - having just enough deniability with their electronic agreements with publishers to not have gotten caught - SO FAR.

575

Getty Images Letter Forum / Re: An Experiment Against Getty

« on: July 24, 2012, 08:58:52 AM »

I agree with BuddhaPi - the author was being much too kind!  These guys know the flaws in what they are doing.  They also know that revenue in is a function of # of letters sent out.  They just want to maximize letters.  And I'll bet they don't refund any money if someone sends them a check and then asks for their money back because they did not violate any licensing issues.

576

Getty Images Letter Forum / Re: Public Records Requests for Getty Images Update

« on: July 23, 2012, 01:43:00 PM »

This war is more like hand to hand urban fighting, as opposed to just dropping a nuclear bomb and ending it quickly..

Nuclear bomb = large class action suit victory over Getty

We may need to win many hand to hand battles on the way.  In fighting those battles we will unearth their weakness and the grounds for the class action suit.  I know that not because I am a lawyer (I am Not), I know that because Getty losing is the ultimate RIGHT result for the world.

577

Getty Images Letter Forum / Re: Public Records Requests for Getty Images Update

« on: July 23, 2012, 11:46:39 AM »

You said it Mulligan!

578

Getty Images Letter Forum / Re: Public Records Requests for Getty Images Update

« on: July 23, 2012, 11:26:21 AM »

Gosh, if we could find grounds for a class action suit against Getty, this would be a nice repository from which to start finding members of the class.

Robert, I wish I came back from vacations as energized as you.  You Rock BuddhaPi!

579

P2P/BitTorrent Lawsuits Forum / Re: More and more people are fighting back!

« on: July 23, 2012, 11:08:29 AM »

Nice find Greg!

A $1,000,000.00 judgement against any troll should give all trolls cause for concern.  I know which side I am rooting for.

580

Getty Images Letter Forum / Re: Possible reasons for class action suit against Getty in the USA

« on: July 23, 2012, 10:42:38 AM »

Moe, I am not a lawyer, but my fear is that the only problem with relying on the second group you mentioned is that, since they paid nothing, their damages are harder to prove.

"The second group that could bring the class action are the folks who have not settled but are being harassed and pressured by Getty Images and their "compliance team."

581

Getty Images Letter Forum / Re: An Experiment Against Getty

« on: July 19, 2012, 03:14:44 PM »

You know Greg, this was a lot easier than I thought.  Here is my letter:

http://www.scribd.com/doc/100538612/Congressman-Letter-s-July-19-2012-for-Scribd

just printed and about to be mailed to two Senators and one Congressman.  Again, Greg thanks for the inspiration.

And I encourage everyone to do the same.

582

Getty Images Letter Forum / Re: An Experiment Against Getty

« on: July 19, 2012, 10:07:26 AM »

Greg, you inspire me.  It's time to get started writing some letters of my own.  Is it ok if I post them in your thread?

583

Getty Images Letter Forum / Re: Masterfile's Copyright Registration Method Held Invalid by California Court

« on: July 16, 2012, 10:36:16 AM »

This is wonderful news from where I sit, but I keep having a perturbing thought.

My understanding of copyright law (which I hope is wrong) is that they can properly file the registration paperwork and then go back and pursue the cases again (if the 3 year statute of limitations has not run).  Filing the paperwork is, after all, a clerical task.

If they are serious about being trolls, wouldn't they do this?  Or is there something I am missing about why they didn't properly file the paperwork in the first place?  Was it laziness or are they missing something important to the registration process?

584

Getty Images Letter Forum / Re: Getty and Picscout

« on: July 16, 2012, 10:19:31 AM »

I agree with Jerry and Moe.  Let them know that straddling two businesses - licensing of photos and trolling - is bad for both.  If they can't decide which business they are in, they SHOULD lose good customers like you.

585

Legal Controversies Forum / Re: The EFF along with others fighting for First Sale Rights at Supreme Court.

« on: July 16, 2012, 09:56:15 AM »

Good find Greg!

While addressing first sale rights is important, I would also like to see some direction with respect to a library's lending of books that recognizes and rewards the author.  Most libraries today treat digital books like hard-copy.  If one person has it on loan, another cannot take it out until the first person returns it.  So we have put all the time honored rules necessary in a world of physical objects in place in the digital world because we can't think of a better way to reward authors???

There has to be some creative thinking done on this subject.