Messages

676

Getty Images Letter Forum / Re: Need an opinion on a letter I received.

« on: November 21, 2013, 09:21:35 PM »

How do you know when it hits the docket?  Sorry, I've never used Pacer before.  Is it easy to tell once I sign up for an account?

it's fairly simple, but it's also easy to get sidetracked! if your going to use pacer I highly recommend usinf firefox, and download the plug-in called recap, it basically archives everything that gets downloaded..so you can essentially get free documents if someone else previously downloaded them.. pages are cheap @.10, but some documents can have many pages so it add up quickly...I dropped over a hundred bucks one night...so stay focused!!

677

Getty Images Letter Forum / Re: Need an opinion on a letter I received.

« on: November 21, 2013, 08:14:39 PM »

I'd be interested to know what became of the "Civil Cause For Initial Conference" that was held today in case 13cv05238.  It seems like an interesting case that's moving quickly.

once it hits the docket you should be able to pull it in PACER

678

Getty Images Letter Forum / Re: Got my first letter, yay.

« on: November 21, 2013, 09:16:17 AM »

Also, make sure that your council is well versed in copyright law, we have seen too often lawyers people talk to recommending to pay when it looks like the case could be fought.  I am NOT a lawyer and the only person here to my knowledge who is a lawyer is Oscar, so talk my advise for what it's worth but you are not going to consult a brain surgeon for the best treatment for cancer. All I am saying is just make sure the lawyer you pick can deal with the cancer that is Getty.

or hire a hemorroid specialist! : )

679

Getty Images Letter Forum / Re: Got my first letter, yay.

« on: November 21, 2013, 06:21:38 AM »

I am surprised no one has ever reported on this before and like many here I was unwise to the copyright situation this country faces until now.

We've been reporting on it for like 5 yrs, other sites/blogs longer, it's just not mainstream news...yet.

My biggest worry of who they would choose to sue is the fact that, although I have no money right now, my business is highly disruptive in a major industry.

If your business has no money, it obviously wouldn't be able to pay any judgement..IF they did sue ( highly unlikely, and they did win, and you have no money, would they still"win"?? NO


 I am going to speak with my legal consultation to see what they advise. I'll direct them to here as well, what is the "best" link I could send them to here?

Please talk to an IP attorney, someone who specializes in copyright, lest they will tell you to simply settle.

Is it best to act on my own behalf or show I have legal representation?

This question does not need to be addressed at this time, they have not filed suit. If you want them off your back then legal representation is the way to go

You also mentioned that the image in question is registered, while this may not be good for you, remember there is always the chance the image is not registered properly...You might want to research that as well.

680

Getty Images Letter Forum / Re: Got my first letter, yay.

« on: November 20, 2013, 06:51:35 AM »

If you can get something in writing from the photographer Getty "might" leave you alone, but it also may put the photographer in a sticky contractual situation with Getty at the same time... Getty pursues thousands on a daily basis, but still very rarely sues over single images.

681

Getty Images Letter Forum / Re: Need an opinion on a letter I received.

« on: November 17, 2013, 09:35:49 AM »

Does anyone know if any of the 106 lawsuits have actually made it to a courtroom?  From everything I know and have read about them, the trail stops at the initial filing.

Look at the link I supplied and the very long list of suits with dates.. the ones with 2 dates have closed..probably settled before a lenghy trial..the other are still in progress, with over 100 cases I'm not going to be downloading the dockets for each one, unless someone donates the funds to do so..at .10 per page, it would easily be a couple/few hundred bucks.

682

Getty Images Letter Forum / Re: Need an opinion on a letter I received.

« on: November 16, 2013, 08:20:41 PM »

There are a lot of issues with Sanders/BWP Media; it's unclear if they actually own the images, they don't respond to emails from lawyers, they don't accept "normal" (ie, $1000 or less) settlements, etc.  I have several webmaster friends who have received the same packet.  Two of which have actually received lawsuits.  From the cases, I can't determine what separates those who get sued from those who don't.

One thing I can say with certainty is; DO NOT talk to or email them.  Their goal is to get quick, easy settlements and they'll use anything you say against you.

Oscar needs to weigh in on his thoughts regarding Sanders/BWP Media.  These guys are different from Getty and with 106 lawsuits filed to date and countless packets sent out, there are going to be a lot of nervous people out there.

I'd be wiling to bet the seperation between who gets served and who gets hassled, lies with the registration, if the images are not registered or registered improperly, the amount awarded would be much lower. They also may be hand picking cases that they not only feel they could win , but also collect on..most likely larger businesses..thats my 2cents worth..

683

Getty Images Letter Forum / Re: Need an opinion on a letter I received.

« on: November 16, 2013, 02:08:12 PM »

Heres a post regarding national Photo Group / BWP Media and Sanders Law P.L.L.C
complete with a listing of all suits filed for anyone interested in digging into pacer, this will make your search easier.

http://copyright-trolls.com/site/copyright-troll-craig-b-sanders-of-sanders-law-p-l-l-c-overruns-court-system/

I would consider speaking with an attorney, given the amount of suits filed in rapid succession.

684

Getty Images Letter Forum / Re: Need an opinion on a letter I received.

« on: November 16, 2013, 09:14:22 AM »

ok , just got out of pacer, these assholes at Sanders Law P.L.L.C have indeed filed over 100 suits over the last few months. Sit tight, I'm working on a post, which will provide additional info, and a listing of the suits. I have only begun my digging into this, there will be more added, and I did see one case where BWP is the defendant, so it appears someone counter-sued, but I have not ben able to get the paperwork for this case just yet.

BWP appears to be a newish company, and is doing business as National Photo Group, whom we have heard of before... I'll post a link to the new post in this thread once I get it all put together..hopefully sometime today.

685

Getty Images Letter Forum / Re: Need an opinion on a letter I received.

« on: November 16, 2013, 07:21:59 AM »

DON'T CALL!
DON'T PAY THEM!
You don't even know if it is their image..for all you know if could be MY image..or anyone elses!
I understand the stress factor, but you need to be smart here, don't be that low hanging fruit!

I wouldn't even email them. Hell they don't even have proof that you received their letter, cause they were to cheap to send it certified. Reread Lucia's last post, as she makes some good points...

Also don't forget IF a lawsuit is filed, they still have to prove their case to "win" and if they "win" there is a chance the amount rewarded would actually be a "loss"..not to mention the fact, people loose lawsuits everyday, but if the winner never collects, did they actually win??

686

Getty Images Letter Forum / Re: Need an opinion on a letter I received.

« on: November 15, 2013, 08:19:01 PM »

just stumbled upon this one:

http://www.ndtexblog.com/wp-content/uploads/2013/08/BWP.pdf

I'll need PACER to see if there are more, and how far they went..the case above was for 2 images.. I have not read it closely, but I did see in the facts section, that bwp state they have "some" of their images registered, so I think we need to see if this image is registered...

I'm not so sure I would open up a dialog with these a-holes..they can easily twist things, and get unsuspecting and un-educated folks to say things that would be better off not said..at least with using snail mail things can be digested better..

687

Getty Images Letter Forum / Re: Need an opinion on a letter I received.

« on: November 15, 2013, 08:07:51 PM »

I'll have a look at pacer tomorrow, I also use a fitefox plug-in that allows archives already downloaded case, so that helps in terms of expenses.. MY problem is i get easily sidetracked, and before I know it, I'm looking at dozens of things...If I can focus like a laser beam, I can get out free or close to it..

688

Getty Images Letter Forum / Re: Need an opinion on a letter I received.

« on: November 15, 2013, 05:28:39 PM »

oh he's real...his name has been on thje running list of trolls for some time now.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/ongoing-list-of-copyright-trolling-firms-and-those-associated-with-them/

I usually search justia and if I get hits, then I move onto PACER..there is no spoofing within PACER, they are actual stamped court filings..use with caution, it's very easy to wrack up good amount of fees quickly.

689

Getty Images Letter Forum / Re: Need an opinion on a letter I received.

« on: November 14, 2013, 05:23:49 PM »

Read the forum, get educated, then decide how to proceed. There is a wealth of information here for the taking, but you'll have to do the leg work and ultimately decide what is best for your situation.. Taking the image down, won't be enough..they want your money.

690

Getty Images Letter Forum / Re: Got the Getty extortion letter grrrrrrrrrrrr

« on: November 12, 2013, 07:32:35 PM »

I'll sum up the Oscars letter program easily for you...

he writes a letter on your behalf to getty, getty can no longer contact you directly, nor can any of their cohorts. IF a second letter is needed Oscar will take care of it. You WON"T get "progrees reports" or anything else, IF Getty offers a lower settlement, Oscar will notify you, and you have the opportunity to accept or not..you let the SOL run, and if i read correctly in a year or so the whole thing will be history..If the letter program doesn't sound appealing to you, by all means go hire an attorney , and be prepared to pay much much more for the same results, or an attorney that will charge you and suggest you pay them..