Messages

616

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: February 07, 2014, 03:27:27 PM »

it probably is a non issue, as they are one and the same..in regards to DBA, the real question remains as to who actually owns the copyright for the images, BWP Media or the DBA would have to have a valid transfer from the photographer or would have to show that the images were created as a "work for hire", which would also need to be documented in some fashion, such as having the photog on the company payroll.

617

Getty Images Letter Forum / Re: Getty getting some of its own medicine

« on: February 07, 2014, 03:00:30 PM »

From the complaint:

23. Getty applied a watermark to the Work on the Website. The watermark
contained the logo for the Website and read “Thinkstock by Getty Images.”

THIS could be hugely problematic for getty images imho.

618

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: February 07, 2014, 02:59:22 PM »

It looks like I have some reading up on Righthaven to do.  I'm going to check it out now, but if you know some important bullet points from the situation, would you mind sharing?

In a nutshell Righthaven "purchased" the rights to news articles, from the newspaper publisher..bloggers would post / repost the articles and comment on them, RightHaven would then file suit for infringement.. Turns out Righthaven never had the right to sue in the first place and was in cahoots with the newpaper, whom I don't think owned the copyrights either...I would strongly suggest reading up on the case, if for no other reason just to get a glimpse of how these a-hole trolls operate and try to twist the rules to their benefit.

619

Getty Images Letter Forum / Re: Getty getting some of its own medicine

« on: February 07, 2014, 12:53:30 PM »

Here is the complaint regarding getty Images, Bed bath, Beyond and Yankee Candle. I would think and hope that BBB and YC in turn sue Getty Images for sucking them into this mess.. I'm sure once again Getty will claim, it was an "accident", an "oversight" and they did not mean any harm...much like Getty letter recipients claim to no avail..Karma at its' best!

http://ia601009.us.archive.org/17/items/gov.uscourts.azd.813125/gov.uscourts.azd.813125.1.0.pdf

620

Getty Images Letter Forum / Re: Getty getting some of its own medicine

« on: February 07, 2014, 12:42:28 PM »

I'd be willing to bet there are tons of images in getty's collection, that are upload by other than the original artist..I think part of the process is the "contributor" agrees to own the copyright to any images uploaded..but hell people lie and seemingly twist things to their own benefit all the time, just take a look at Seattle Law Firm McCormack Intellectual Property Law.

621

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: February 07, 2014, 12:38:35 PM »

Good finds Scraggy, these BS suits could also hurt Getty's chances of getting favorable results from their latest rash of suits as well...Once one judge somewhere, see's this as trolls trying to use the court system as a collection agency and wasting their time, it will hopefully go down the same road as Righthaven and Prenda.

622

Getty Images Letter Forum / Re: Getty getting some of its own medicine

« on: February 07, 2014, 10:57:45 AM »

Nice find, I guess a visit to PACER is in order to get the full scoop on this..

623

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: February 06, 2014, 12:23:45 PM »

I was reading about people who avoid being served yesterday as part of an unrelated incident.  It seemed that in the event a person avoided being served, there was a final option that allowed the person to be served without being directly served (sorry, I don't remember the exact terminology).  I would think Sanders would choose this option or else it could also send the message that if you are able to avoid being served long enough they will leave you alone.

If the company has a registered agent, they can be served that, it's exactly what Getty has done with the most recent outbreak of single image suits, it's much easier and cheaper to a registered agent if a company has one.. If not it's a bit more difficult..don't answer the door, make oneself scarce, go on an extended vacation...

624

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: February 06, 2014, 11:13:22 AM »

That's very interesting.  That's actually what I was hoping it meant but I went with settled outside of court because I wasn't sure.  I know this is one case out of hundreds now - so it is hardly a trend or indicator - but would you think it means they realize they don't have much in the way of an actual legal case in these matters?  My inclination is to think they played the scare tactic game all the way to court for as long as possible and then had to give up when they knew it would cost more than it was worth/they would lose.

That's certainly a possibility, however thats not something they would want to do on a repeated basis, as it would become apparent, they are wasting the courts time. My feeling is that it also did not settle, I'm sure if they spent the cash to file, they would certainly make the defendant at least answer, and then maybe settle out of court. I have a feeling good reads just avoided being served. I could be wrong on this, it's just a hunch I have not based on anything.

625

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: February 06, 2014, 10:34:41 AM »

I've been trying to follow up on some of the other BWP/Sanders cases.  Can anybody decipher what happened here - http://dockets.justia.com/docket/california/cacdce/2:2013cv04851/565945 ?  Do these documents basically indicate that they settled out of court?  There is more than a slight learning curve for me with all this legal reading.

Looks to me that BWP filed the case with the court but failed to serve the defendant with papers within the required time frame..could be that Goodreads Inc. avoided being served..or maybe BWP Media simply dropped the ball. Either way they were ordered within 20 days to basically explain, why they filed but failed to serve the opposing party..the case was closed on 12/5/13 as BWP waived their rights to continue.

NOTE: I'm not an attorney, but I did sleep at a Holiday Inn last night ; )

626

Hawaiian Letters & Lawsuits Forum / Re: Vincent K Tylor rears his ugly troll head...again

« on: February 05, 2014, 10:47:59 AM »

everybody likes the class action angle, until they know what is involved, then not so much. I still think the best method of fighting back is a counter suit, if one has the time, money and willingness to put in the effort. Aloha Plastic Surgery did just this, and although the results are confidential, I have heard the outcome for Aloha was very good results. By filing the counter suit, they really put the screws to Tylor, and I'm sure it cost him more than he ever would have collected from someone just paying up. his did not stop Tylor, but it may have had a hand in the way Glen Carner and Hawaiian Art Network now do business..It seems as if he has either gotten out of the extortion letter business or has drastically changed his business model.

627

Getty Images Letter Forum / Re: Image was sitting in a directory - not live - is my circumstance special?

« on: February 05, 2014, 10:40:22 AM »

I fully agree with JLo ( haha) in his/her above post, but I would venture to say they have no case. It is on them to Prove you infringed, they have no such proof. Getty CEO and top ass hat Jonathan Klein states on video that it is perfectly allowable to use Getty and share images to a degree, it's when you use them to make money they feel the need to be compensated.. Now if they have actual code showing a specific page pointing to and calling that imagem they "might" have a case..from the sounds of it this code never existed..

You could have purchased that image from Getty or another stock house, decided you no longer needed it, let the license expire, all the while leaving the image sitting in that directory, who's to say??

Your friend/client made a mistake by engaging them, they will simply cut you out of the equation completely as they now are aware they have someone on the hook.

628

Getty Images Letter Forum / Re: Got My Letter

« on: February 02, 2014, 11:01:23 AM »

#McCormackbutthurt comes to mind

629

Getty Images Letter Forum / Re: Got My Letter

« on: February 01, 2014, 09:15:47 PM »

This was a great idea you had about tagging the Getty screw ups for future reference, what would you think about adding a tag now to mark McCormack IP Law's screw ups, exaggerations and lies?


haha thats funny, would take a year of sundays to do that!!

630

Getty Images Letter Forum / Re: Just ignore them

« on: February 01, 2014, 08:54:15 PM »

Yeah I was thinking the same thing Robert.

Interesting. Is there a way to look up a lawyer's win/loss record? Be interesting to see his "stats".

One would have to enter a courtroom first...paper-pushing doesn't count, I bet he types with one finger, while picking his nose or ass with the other hand...( snicker)