Messages

661

Getty Images Letter Forum / Re: Roll the Dice? - Is Getty likely to win an award GREATER than initial demand?

« on: March 27, 2012, 10:48:47 AM »

I think that the major thing that people are concerned about when it comes to court are the legal fees.
That is, if your adversary prevails in court, they could be awarded the cost of hiring their lawyer(s).
Historically, Getty has used an expensive legal team to rack up astronomical legal fees, and used this as leverage.

Personally, I'm inclined to "roll the dice" if the other party doesn't have a "winnable" court case.
In such a scenario, a court foray would be unlikely, or I could likely fight it out, win and collect MY legal fees.
Of course, when something goes to court, one is allowing another person (the judge) to decide the outcome.
So there's no "guarantees" in any case.  But that's just me.

For one image, and 780 dollars, you're at quite a low risk for an actual lawsuit, I think.
Again, if one IS sued, it's not too late to make a reasonable settlement to close the matter.

S.G.

662

Getty Images Letter Forum / Re: Got the letter ....A question and my plan....

« on: March 26, 2012, 03:36:35 PM »

Matt, we're in agreement here, I think.

Of course, I'm not implying in any way that people should "fight it every step of the way", and lose out in the end.
I should reiterate that one should not make things "worse" by going straight to implying that oneself is "guilty".
Now, I'm simply saying saying, "don't admit guilt".  I'm not saying deny everything, unless something is in fact untrue.
Many people aren't that articulate, and that's the danger.

I'd also like to say that one should be professional, etc.  But don't appear to be the "softest target out there".
Because such a person will be the first in line if there's a lawsuit.
Not that many lawsuits have historically occurred.

Just my opinion, but I do think that we're on the same page here, even if we word it slightly differently.

S.G.

663

Getty Images Letter Forum / Re: Got the letter ....A question and my plan....

« on: March 26, 2012, 09:53:32 AM »

It's important to remember that, while they may have a screenshot as "proof" of the alleged infringement, that does not necessarily mean they they own (or own the rights to) the image in question.

A signed statement that essentially says "sorry that I infringed against your copyrighted material", might assume some liability on your part that you may not otherwise have.

Imagine working for a taxi service or trucking company.
Such companies make it quite clear that the driver is not to admit "fault" in the event of an accident, even though the front end of a car may be ripped off.

It's simply for "liability" purposes.  I'd like to see more people be careful with the "apology" thing in legal matters.
But, yes, it's just my opinion.

S.G.

664

Getty Images Letter Forum / Re: Got the letter ....A question and my plan....

« on: March 25, 2012, 12:40:13 PM »

Avoid any apologies or admission of guilt when dealing with matters that might be of a legal nature.
Apologies or admissions may be intended to express "goodwill", however it's really irrelevant.
They've already determined that you're responsible and they just want money.

I'm always concerned that such admissions may close future avenues of success to the alleged infringer, and open new avenues legally to that of the stock image company.
Mistakes do happen, evidence gets lost, and loopholes are sometimes found that exonerate a alleged infringer.
But, once you admit guilt, you may destroy any future hope of this.

It may not seem like a big deal for a 1000 dollars.  But, there are big claims being made in some cases, and it's best to be very careful.

If you decide to settle, it's best to simply offer a settlement, "admitting no guilt or wrongdoing, but offering a settlement to close the matter".

S.G.

665

Getty Images Letter Forum / Re: sure is quiet lately...

« on: March 24, 2012, 02:54:11 PM »

That picture looks like a "South Park" character!! lol.

Which reminds me.  "Copyright Trolling" would make a great a "South Park" episode.
Cartman could start a "Stock Imagery / Trolling" business (Getty), and Kyle's dad "Mr Broflovski" could play the part of McCormack (“extortion  letter” lawyer).  Token can play the "Process Server".

Buddhapi can be played by “Darryl Weathers” (the “they took our ‘jerbs” guy):
http://www.southparkstudios.com/guide/characters/darryl-weathers

Matt can be played by the “City Wok Guy” who saves the day:
http://www.southparkstudios.com/guide/characters/city-wok-guy

S.G.

666

Getty Images Letter Forum / Re: UK Getty Forum Coming Soon!

« on: March 23, 2012, 06:37:07 PM »

Nice to hear that UK folks will have their own forum.

I kind of chuckled at how Oscar quoted Pink Floyd in another posting "Hanging on in quiet desperation is the English way".
I guess that on a rainy and cold Monday afternoon, the English can demoralize each other into paying Getty .
It appears that they're still in the mode of "somewhere, someplace, somebody might sue down the line, so it's best to pay".
Maybe Floyd should have sang, "Giving in with quiet resignation, the pussies pay".

I think that we've (the Americas) left that stage far behind a long time ago, and for good reason.
Actual "evidence" is better than "opinion" any day.
So, I'd like to see people post links and quote actual cases on there instead of just offering cancerous "the sky is falling" opinions.

S.G.

667

Riddick/Imageline Letter Forum / Riddick steals thousands of fonts, renames them, and calls them his own?

« on: March 23, 2012, 12:55:40 AM »

Riddick steals thousands of fonts, renames them, and calls them his own?

"But he himself copied thousands of fonts without blinking an eye. May his breath forever smell like a wildebeest's ass."

http://luc.devroye.org/fonts-47602.html

S.G.

668

UK Getty Images Letter Forum / Re: UK Query

« on: March 21, 2012, 01:57:33 PM »

I've heard about the UK forum thing before.  The legend of forum butthurt lives on.

The big sticking point is (again), "liable to whom"?
If Getty doesn't have solid contractual "ownership" of the image, I don't see how they can "win".
I'm sure it's the same in the UK as it is in the 'States.

Additionally, my personal opinion is that a lawsuit can be stressful.
But, I wouldn't just pay somebody because there might be a very remote chance of a lawsuit.
To me, the fight hasn't even begun unless a lawsuit is filed.  They (Getty) can't do anything otherwise.
If a lawsuit IS filed, you can settle before it goes to court if you simply can't "win".
Lawsuits are rare, and successful lawsuits are rarer still, so the odds of nothing ever happening is always in the alleged infringer's favor.
If the dispute is over many images, and a lot of money, I would say that the chances of a lawsuit are many times greater, however.
Just my personal view, though.

But, yeah, a lot of pussies pay out of fear...

S.G.

669

UK Getty Images Letter Forum / Re: UK Query

« on: March 21, 2012, 10:16:39 AM »

I think that how much people pay is inversely proportional to their IQ.

S.G.

670

UK Getty Images Letter Forum / Re: UK Query

« on: March 21, 2012, 01:09:27 AM »

I can see why a UK "you win or it's free" legal service would be so lucrative.
Not mentioning any names... just sayin'...

S.G.

671

Getty Images Letter Forum / Re: My letter Experience

« on: March 19, 2012, 11:18:38 PM »

I agree with McFilms, of course.

I also think that this is all trickery on the part of Getty and McCormack to make it appear that the case has been "escalated".

I'm thinking that the alleged "certified letter" thing is a lie.
If there was a certified letter sent to you, wouldn't you receive a notice to sign for it and pick it up at the post office?
Even if you weren't "home", you'd get a notice in your regular mail.

If was a courier that came, they'd leave a notice in your door that they'd come by the next day, or you could pick it up at the local office.

Anyone worried about an actual lawsuit can check Justia Dockets to see if anything's been filed.
Nope.  Nothing new on there.

Lawsuits haven't worked for Getty, and all they have left are tricks and intimidation.
Don't fall for it.  You can find the truth about any of this stuff.

The "golden age" of the stock image market was when the web went "graphical" up until the dot-com bust/911.
It was slipping past before most people even realized it was happening.
I think that the golden age of stock image copyright trolling is on the decline as well.
People can find out in seconds what it's all about and how to fight it.
Judges know all about it now, too.

S.G.

672

P2P/BitTorrent Lawsuits Forum / American ISPs to launch massive copyright spying scheme on July 12

« on: March 19, 2012, 02:38:15 PM »

American ISPs to launch massive copyright spying scheme on July 12

http://www.rawstory.com/rs/2012/03/15/american-isps-to-launch-massive-copyright-spying-scheme-on-july-12/

S.G.

673

Getty Images Letter Forum / Re: Image on Getty is no longer available

« on: March 18, 2012, 11:29:19 AM »

It seems as if the Russian Getty affiliate was still selling the photo after the artist has cut ties with Getty Images.
Not a good thing....

S.G.

674

Getty Images Letter Forum / Re: This did not sit well with me...worth reading

« on: March 17, 2012, 02:08:48 PM »

This is a very relevant post, and of great interest to the forum.

I don't like that the news article says specifically that Canada has an equivalent of the US' DMCA.
This is not true at all, and is an assumption on the part of many.  Additionally, it should not be confused with the "privacy act".

I won't repost links here, but Canada has been working on a DMCA-like provision for several years (referred to as "notify-notify").
But, it hasn't been passed into law as yet.

S.G.

675

Getty Images Letter Forum / Re: Getty and the Stone Collection

« on: March 16, 2012, 11:29:12 PM »

wut?

http://img825.imageshack.us/img825/8159/reactionwut132105543814.jpg

S.G.