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Messages - Matthew Chan

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676
On August 15, 2015, I submitted a court filing to the Muscogee County Superior Court regarding Linda Ellis' misrepresentations and her lawyer, Elizabeth (Betsy) McBride's Professional Misconduct.

http://defiantly.net/text-of-ellis-v-chan-respondents-declaration-regarding-petitioners-misrepresentations-opposing-counsels-misconduct/

Following that filing, Linda Ellis and Betsy McBride filed a response which I will be sharing and commenting on. I have a lot to say about "Linda's" and her bimbo lawyer's response.

677
The Brattleboro Reformer follows through on their article about the case. The reporter did a very good job on the article.

http://www.reformer.com/latestnews/ci_28829758/vermont-company-settles-suit-copyright-troll

678
A reporter from Vermont's Brattleboro Reformer contacted me for a response on the resolution of the Vincent K. Tylor v. Vermont Woods case. I have elected to not post my reply here. But you can find my response here:

http://defiantly.net/whatever-happened-with-the-vincent-k-tylor-v-vermont-woods-case/

679
What is the deal with the love affair between California attorney Adam Gafni and Vincent K. Tylor?

It has come to my attention that Adam is now on his THIRD law firm (as it relates to his love-fest with Vincent's copyright extortion racket). The first was Woolf, Gafni, and Fowler LLP (WGF) which was originally registered in Texas but somehow found its way to operating in California and yet there was no trace of its corporate registration in California.

http://www.extortionletterinfo.com/forum/hawaiian-letters-lawsuits-forum/info-on-woolf-gafni-and-fowler-llp/

Then that supposed firm miraculously transformed into another supposed California law firm named Woolf, Gafni, and Cirlin LLP (WGC).  That too was a mystery to me.  Supposedly California lawyers in good standing allegedly operating in California and ONCE AGAIN no California corporate registration that shows a LLP of that name.

http://www.extortionletterinfo.com/forum/hawaiian-letters-lawsuits-forum/where-is-woolf-gafni-and-cirlin-llp-registered/

Both times, I did the research myself.  Both times, I reported it here on these forums of these "unsolved mysteries."

This time Adam Gafni is at the "Law Offices of Adam Gafni".  http://gafnilaw.com (terrible website so far).

2811 Wilshire Blvd. Suite #780,
Santa Monica, CA

But http://wgclawyers.com clearly show Adam Gafni there also! Wait a minute, is Adam working at 2 law firms at the same time?  Or is the new firm being used to thug people around for Vincent?

According to the latest California State Bar record, Adam has made his new home in Santa Monica with a law firm under his own name. 

http://members.calbar.ca.gov/fal/Member/Detail/230045

But maybe WGC is slow to update their website?

In any case, Adam is using the dba Law Offices of Adam Gafni.  I see no LLP at the end which tells me that Adam is working as a sole-proprietorship. 

My guess is that he will keep more of the take of any successful Vincent K. Tylor extortions and Adam will pocket 30%-40% of the take.  Let's use 1/3 for kicks.  A "minimal" $2,000 settlement will net Adam a cool $650-$675.  Not bad money for sending a few letters, a few emails, and maybe a couple of phone calls.  My guess is he might put in about an hour total. Maybe 90-minutes if he has to work hard.

Interestingly, I haven't heard much from Vincent's "old" Hawaii lawyer friend (literally because he is in his 60's) James Stephen Street after he successfully shut down Vermont Woods once and for all from ever speaking again about him again. How convenient was that.  That was a nice parting shot.

I wonder if he is going to come out of retirement again to sue on behalf of Vincent.  Or is Adam going to do it? What a conundrum Vincent has?  Old Man Jimmy or Sort-of-Young-Pup Adam?

680
This very disappointing. The newspaper went through a major software platform overhaul and all the great comments written are now gone. They preserved the text of the article but everything else was washed away.

http://www.ledger-enquirer.com/news/local/crime/article29437783.html

I wish I had kept a copy of my original comments. I don't think I can recreate the comments of how I felt at that time. I made some very pointed and directed comments for everyone to read. Also, Oscar Michelen himself made some good comments also.

The person who gets the most benefit from this change is Elizabeth "Betsy" McBride, the local attorney who made so many embarrassing mistakes that led to this fiasco to begin with.

Taking on this case against me was a major "blackeye" on her terrible performance and tremendously embarrassing for so many reasons.  She and her ally lawyer Timmy B. McCormack were spanked so hard in the Georgia Supreme Court, all captured on video for legal history.

681
Getty Images Letter Forum / Re: Pixsy
« on: September 10, 2015, 04:51:18 AM »
People have to get educated on how to protect themselves regarding dealing with 3rd-party images and take CYA measures.  There are parties that take unfair advantage and make bogus claims. In those cases, education plus getting a spine are the two requisites to beat them back.

ELI does its best to teach people to get a spine through education but unfortunately some never get one. They have more money than spine and some are willing to give the money up. Unfortunately, it only feeds the other side.

I can tell you from personal and professional experience that people don't tend to mess around with people who demonstrate they have a spine. It also helps to have a reputation of hitting back hard.

Hence, ELI has a bunch of strategies for people to use. There is something for everyone.

682
Getty Images Letter Forum / Re: Gratitude And A Few Questions
« on: September 10, 2015, 04:45:28 AM »
I would also like to point out that I believe it is longest discussion thread of any thread in ELI.  Greg has most certainly rallied the troops on this and he gets full credit on this.

What an awesome link, Greg! Thanks for consolidating all of your info into such a powerful thread  for us all to benefit from.

683
Getty Images Letter Forum / Re: In the event of an actual lawsuit....
« on: September 10, 2015, 04:40:37 AM »
Getting legal fees is a very uncertain thing in many cases. Even in cases when one side won, the judge has a lot of discretion in reducing attorney fees and costs. I have read copyright infringement cases where that has occurred when the plaintiff won.  I think it is challenging as a defendant to recover fees unless you can demonstrate it was frivolous, wrongful, etc.  Also, I believe you have to ask for it. It isn't automatic. I don't know the procedural specifics.

684
Getty Images Letter Forum / Re: Publicly Shaming Trolls?
« on: September 09, 2015, 01:54:04 PM »
Robert has a photographic memory. I have no recollection of the name Tom Schwabel. But I saw how Robert provided a link and I had to re-read to jog my memory. I cannot believe how much I wrote in that thread!

I have to give you credit for your participation because it is probably the first time in ELI history where I was compelled to the opposing position and DEFEND Carolyn Wright of Photo Attorney.

You take an extremist position that most of us at ELI cannot support. It is true we are very AGGRESSIVE attackers and defenders of many in the stock photo industry. However, we do so because they are often sloppy, indiscriminate, take unfair advantage, unreasonable, make bullshit arguments, and ask for too much money in their letters.

Every content owner has a right to defend and assert their ownership and copyright. They even have a right to legally threaten someone. But there is a right way and a wrong way.

You certainly used your ability to post and call out Tom Schwabel and his views but in many ways, your position actually only helped his position by making us here at ELI argue the opposing side. If the majority of people who visit ELI took your views, ELI would probably shut down as few of us could support your views.

95% of people we deal with feel bad/guilty about their infringements, are very apologetic, have no qualms about removing the images, willing to pay some minimal amount to dismiss the claim, and "learned their lesson" going forward.

But it is positions such as yours that hurt the other 95% because it forces the other side to paint with a heavy-handed broad brush.

Robert has not minced words where your position is concerned. I am being a bit more diplomatic because your participation has given ELI the opportunity to really shine and discard the false notion we are against copyright enforcement or we are anti-copyright.

We have never had to be so explicit in stating our positions against another ELI reader/participant before.

We are naming and shaming people for those that go too far and have a reputation for doing so.  Not simply because they are asserting ownership, copyright, and support copyright enforcement. 

Regarding my thoughts on Tom Schwabel's "manifesto", believe it or not, I agree with a significant portion of it although it is heavy-handed in certain sections. I like that he seems pragmatic especially when it comes to watermarking and registering copyrights.  It is perfectly acceptable to recommend that. I like that he discusses the pros and cons and the low-key approaches.

I don't believe Tom is "scamming" anyone. At worst, he might be heavy-handed in his enforcement. You, on the other hand, appear to have no ownership or culpability.

Honestly, you are helping Tom's position, not hurting it but you might not be able to see it from where you are sitting.

I think now is a great time to re-shame the once very vocal troll Tom Schwabel.  A small timer trying to act like big bad Getty.  After my shaming of him last year he disappeared for a bit, not appearing in any forums to spew his garbage on how to sue, i mean steal from, people and not posting any more photos (mostly knocked off or possibly stolen photos) on his website, but he's back at it again.

I love this site, all of his potential "customers" and extortion targets find this site as his #2 hit.  I suspect that's why he went underground for a while.  He couldn't get anyone to respond to his stolen picture scams.

685
Getty Images Letter Forum / Re: Online Petition Against Getty
« on: September 09, 2015, 01:14:35 PM »
Regarding Robert's suggested corrections, accuracy makes for a more credible article.  I only browsed the article and didn't scrutinize it as closely as Robert did.

However, in the case where Getty Images, first through Picscout, and subsequently "License Compliance Services Inc." are using a clone of the Getty operation AND the exact same mailing address and perhaps even the same employees, August Images could easily be associated with Getty Images.

Robert is technically correct but as far as I am concerned, August Images, is simply lending their name to this effort.  EVERYTHING else operationally and functionally-speaking conforms to the Getty Images operation.  Getty Images wants to try to preserve its "distinctive" name and uses its various division and corporate names to create these different "identities".  Only purists such as those here in ELI could ever make those many finer distinctions because laymen don't go to that level.

Essentially, if someone gets an August Images letter, they should follow the protocol as if you receive a Getty Images letter which is well documented.  If August Images chooses to entirely place their name and operations under Getty management then they deserve to be associated with the Getty name.

686
Getty Images Letter Forum / Re: Getty Images & a Penguin
« on: September 09, 2015, 12:57:05 PM »
I like the way you think, Stinger!

NAME them and SHAME them.

When done effectively, it raises the cost of doing business for Getty because only the lowliest of low life's stick around.  Employee turnover can not only be costly, but can slow down their trolling operations.

687
Getty Images Letter Forum / Re: Online Petition Against Getty
« on: September 09, 2015, 01:28:35 AM »
That is a very good blog post and I think you will be rewarded with some traffic.

Another prominent blogger, Ryan Healy went off-topic to discuss Getty Images, their extortion letters, and ELI. It has become one of his most read blog posts ever and he gets very high recognition for writing about it and sharing his story.

Given what I read and saw on your blog post, I think you too will be rewarded in unpredictable ways and goodwill in the years to come. I can safely say that anyone who has stepped up to speak out publicly and informatively has generated goodwill and unforeseen benefits for themselves.

I like being associated with empowered people who are able to take a stand. So good on you for getting the word out.

The untold and barely spoken story is the inner turmoil Getty Images is going through with its financial situation. I am waiting for someone in the financial press to eventually pick up on a possible Chapter 11 bankruptcy filing.

In the meantime, Getty Images can suffer a demise by thousands of tiny cuts by all the people (ex-employees, photographers, extortion letter victims, investors, creditors, etc.) they have pissed off over the years.

I am doing my part to spread the "non-love".

688
Getty Images Letter Forum / Re: Getty Images & a Penguin
« on: September 09, 2015, 12:20:27 AM »
Ahh, yes. You can count on Robert being the rebel he is and challenging the status quo. 

http://copyright-trolls.com/site/socially-awkward-getty-images-squeezes-blog-over-meme/

Robert cleverly incorporates the original penguin image in question through illustrating screen shots of that penguin and "hot linking" that meme to his website!

I probably ruined it for Robert who was probably trying to troll-bait Getty Images into sending him an extortion letter.

One thing I did notice that it appears to NOT be the U.S. operation of Getty. It appears to be a European version.  The U.S. side can always expect that we name names of the employees who do the extorting.  Unfortunately, the victim blogger blocked out the name of that Getty employee.

I really don't understand that practice at all of blocking out names of the person sending the offensive emails.  If anyone comes after me, I would name EVERYONE including the janitor and housekeeper if I thought they were part of the attack.

That is one of the most important aspects of hitting back. YOU HAVE TO NAME THE EMPLOYEES THAT ATTACK YOU.

689
Getty Images Letter Forum / Getty Images & a Penguin
« on: September 08, 2015, 03:56:03 PM »
You can always depend on Getty Images to do the right thing.... grab money for themselves even over a penguin meme.

https://www.techdirt.com/articles/20150908/00155432189/getty-images-goes-copyright-trolling-after-meme-penguin.shtml

http://boingboing.net/2015/09/04/getty-charges-blog-868-for-so.html

http://petapixel.com/2015/09/05/getty-images-forces-blog-to-pay-868-fee-for-using-socially-awkward-penguin/

When the tech blogs write about Getty Images, you know Getty is REALLY getting obnoxious.

For us at ELI, it is just a another typical Getty Images extortion Day.

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