Messages

721

Legal Controversies Forum / Prenda Law Inc. Claims $150K For Five Hours Of Work ($30K An Hour),

« on: March 05, 2013, 12:18:35 PM »

Found this gem about Predna Law over on Die Troll Die.

In the motion, Troll Dumas requests the court to award the maximum statutory damages for a single instance of “willful” copyright infringement – $150,000.  He also requests an award of $1,000 attorney’s fees and $425 for costs.

Here is the link to the entire article.

http://dietrolldie.com/2013/03/01/prenda-law-inc-claims-150k-for-five-hours-of-work-30k-an-hour-cp-productions-inc-v-glover-112-cv-00808-in/

722

Getty Images Letter Forum / Re: An Experiment Against Getty

« on: March 05, 2013, 10:21:14 AM »

Here are the complaints from the Washington State Attorney General’s office that were on the second CD with the fluff removed. The next CD is due to ship to me on the March 7th.

http://www.scribd.com/doc/128580954/WA-State-AG-Complaint-New-10

http://www.scribd.com/doc/128580959/WA-State-AG-Complaint-New-11

http://www.scribd.com/doc/128580960/WA-State-AG-Complaint-New-12

http://www.scribd.com/doc/128580961/WA-State-AG-Complaint-New-13

http://www.scribd.com/doc/128580964/WA-State-AG-Complaint-New-14

http://www.scribd.com/doc/128580969/WA-State-AG-Complaint-New-15

http://www.scribd.com/doc/128580971/WA-State-AG-Complaint-New-16

http://www.scribd.com/doc/128580977/WA-State-AG-Complaint-New-17

http://www.scribd.com/doc/128580988/WA-State-AG-Complaint-New-18

Here is the current running complaint count (for both CDs), looks like they are coming in at a pretty good pace to the AGs office

Jan 18, 2013 – 1 Complaint
Jan 17, 2013 – 1 Complaint
Jan 15, 2013 – 2 Complaints
Jan 14, 2013 – 1 Complaint
Jan 11, 2013 – 2 Complaints
Jan 09, 2013 – 1 Complaint
Dec 27, 2012 – 1 Complaint
Dec 19, 2012 – 1 Complaint
Dec 10, 2012 – 2 Complaints
Dec 05, 2012 – 1 Complaint
Dec 03, 2012 – 1 Complaint
Nov 20, 2012 – 1 Complaint
Nov 19, 2012 – 1 Complaint

723

Getty Images Letter Forum / Re: Defending with the letter

« on: March 04, 2013, 09:00:26 PM »

You are very welcome and please keep us posted as to what you decide to do and the results.

Pretty much what I was looking for. Thanks everyone.

724

Getty Images Letter Forum / Re: Getty Settlement Purposes Only Letter - 3rd Letter

« on: March 04, 2013, 08:59:46 PM »

Thank you Stinger and bondnj. In this is the whole premise behind my complaint letter campaign as it is my opinion that what Getty and the other stock photo companies are doing does meet the definition of extortion. I also feel that there letters meet the definition under Dakotah, Inc. v. Tomelleri, 1998 DSD 33 where the judge in his opinion gave the following warning to Tomelleri and his lawyer.

“On July 14, 1997, the president of Dakotah received a cease and desist letter from Tomelleri's Kansas attorney, which alleged that Dakotah was selling decorative pillows that infringed copyrights owned by Tomelerri and licensed to Stranger Creek. The letter also stated that Dakotah was subject to injunctive relief, damages and criminal prosecution. This Court must be very careful to treat all attorneys with courtesy and not launch missiles. The Court, however, finds a portion of the letter from the Kansas attorney to be frankly disturbing. No person, especially an attorney, should be even mentioning a possible criminal prosecution in an attempt to collect money in a civil dispute. Extortion is theft by threat if a person obtains property of another by threatening to accuse anyone of a criminal offense. This is not only the common law but is a statute in South Dakota. See SDCL 22-30A-4(2). It is also a specific grounds for disbarment in South Dakota.”

725

Getty Images Letter Forum / Re: Extortion letter

« on: March 04, 2013, 08:54:44 PM »

If the image in question was through a hot link even in a re-blog there is no infringement. Just tell Getty that the image was not displayed but hotlinked which is legal in if they have any questions to look up Google vs Perfect 10 for reference but they are well aware of it. I would tell them that you consider the matter closed at this point and not to contact you again or you will file complaint letters against them with the Washington state Attorney General's office, the BBB, the FTC and other agencies.

Do not include the last part about the complaint letters in less you fully intend to do it as if you make the statement and do not intend to do it or follow through with it they will see that and continue to hound you.

Good luck and please keep us posted as to your progress.

726

Getty Images Letter Forum / Re: Got the letter...

« on: March 04, 2013, 08:42:06 PM »

TK,

Welcome to the forums and the wonderful world of settlement demand letters. As far as why you got a letter from Getty it could be a simple that the artist has terminated his business dealings with Corbis and decided to use Getty. Also be careful with royalty-free images because royalty-free does not mean free.

I would send a letter to Getty requesting proof of their claim along with a copy of the signed contract from the artists giving Getty the right to pursue claims on this image. I would let them know what you have stated here as far as history of the image which validates your request for proof. Getty will refuse to provide the proof and at that point I would reply saying that you cannot continue negotiations until proof of claim is established and you will not respond to any further contact until claim is provided.

I would also dig deep into the forms as there is a lot of valuable information contained here which can tell you pretty much everything you need to do know from writing your letters to fighting back with complaint letters.

Got the letter today. I have already removed the the photo and I am currently replacing all other images on my site with images from a photo pack I purchased a while back.

With that said the photographer listed has copyrights listed under Himself for a CD compilation in 2002. He has two other entries listed by Corbis in 2009 (from Auto Database). His site has a link for stock images that goes to Getty? They do not list what the copyrights are, unless i missed that on the copyright.gov website. So i guess I'm confused why I recieved a letter from Getty? Shouldn't it be Corbis?

Does this copy right being listed by Corbis weigh in on this? 

We're a small time IT (ie: my wife and I).  I don't even remember where I got it.  Usually I browse royalty free sites but I can't say it came from there.  We posted the picture in a blog entry whose category was "educational".  I know the intent in which the content was used probably doesn't change anything but figured I'd note it. We also don't have the fee, even if we wanted to pay it. It would equal 75% of what we've sold in the past three months.

727

Getty Images Letter Forum / Re: Getty Settlement Purposes Only Letter - 3rd Letter

« on: March 04, 2013, 02:55:23 PM »

This is where I strongly disagree with them.  It would not meet the definition of extortion if

1) The amount requested were reasonable

2) Proof of their claim were provided if not in the original letter then when requested.

3) Threats of legal escalation were not included with every letter especially when the recipient is trying in good faith to negotiate with them.

Sorry, to me this DOES meet the definition of extortion albeit legalized extortion.

Received responses today from the Seattle BBB that an official complaint has been filed. Also received a response back from Washington AG that also registered the complaint. It also included a standard response letter from Getty Images which included a note in which they state the following. "The Complainant characterizes our attempts to settle our copyright infringement claims as "extortion". However, our communications with them do not in any way constitute "wrongful threats" within the meaning of extortion statutes. On the contrary, a demand for payment in satisfaction of a legal claim is not wrongful conduct". No word just yet from the lawyer but when I do receive, the Association letters will go out. Onward!!

728

Getty Images Letter Forum / Re: Got a letter from a "Photo Attorney" who is on Caroline Wrights team

« on: March 04, 2013, 12:12:52 PM »

Lucia is right the letters are designed to instill fear and make you panic into paying before you have a chance to find out what is going on.  Given what you said I think the letter program is the best solution for you.

729

Getty Images Letter Forum / Re: Defending with the letter

« on: March 04, 2013, 12:10:56 PM »

The letter program works very well, ever case is slightly different and you would need to discuss with Oscar what your goals are if Getty should decide to reply after receiving his letter.  He has handled about 850 or so of these and knows what he is doing.

730

Legal Controversies Forum / MOVED: Hi guys, Stock company is demanding I pay them $3800. Need some advice

« on: March 03, 2013, 10:07:41 PM »

This topic has been moved to http://www.extortionletterinfo.com/forum/getty-images-letter-forum/

http://www.extortionletterinfo.com/forum/index.php?topic=3595.0

731

Legal Controversies Forum / MOVED: Getting Getty's Claim Transferred to my company oppose to my client's

« on: March 03, 2013, 10:06:56 PM »

This topic has been moved to http://www.extortionletterinfo.com/forum/getty-images-letter-forum/

http://www.extortionletterinfo.com/forum/index.php?topic=3596.0

732

Getty Images Letter Forum / Re: Getting Getty's Claim Transferred to my company oppose to my client's

« on: March 01, 2013, 08:21:06 PM »

christinarule,

Welcome to the forums, you happen to catch us while the Getty/Masterfile forum is down for maintenance. There are stories about your situation and plenty of information there. I anticipate the form being backup within several days. In the meantime I will try to answer your questions for you.

Getty will generally not transfer anything to you in less you are telling them you want to pay the full amount as they go after the site where the image is hosted. What you can do is retain Oscar and his letter program on behalf of your client and then your client will no longer receive any communication whatsoever from Getty as it will go to Oscar. This is not an uncommon situation and Oscar has plenty of experience dealing with it.

I hope this helps answer your question and in the meantime should you have any others until we can get the Getty forum back online please feel free to post them here. Please keep us posted as to what you decide to do.

Hi All,
One of my client's received a "Extortion Letter" from Getty Images. The image in question by Getty Images was published on one of my client's sites which my company had done work for. For obvious reasons,  I would like to eliminate my client all together from this mess and have Getty's Claim transferred to my company, since we were the ones in charge of all graphical content produce on that site (at the time).  I've reached out to Getty but I have yet to hear back.  Is this is something I need to take care of prior to signing up for the letter program? Does anyone foresee the transfer being an issue? Has anyone else out there ever been in the same situation?

Thanks in advance!

733

Getty Images Letter Forum / Re: Hi guys, Stock company is demanding I pay them $3800. Need some advice

« on: March 01, 2013, 08:15:29 PM »

I personally would not engage in any phone conversation with them.  You can ask them the question through mail, I can tell you the answer now and it will be no.  It is all about the money plain and simple.

Hi Greg,

Thank you for the response. I was doing many google searches and became quite puzzled because I couldn't access any old issues other users have had. Glad that it will be back up.

I completely agree with you. I want to have just one phone conversation with him and ask him if he will back off willingly because there no intention to make money off that pictures and it was a simple short lived place holder (too low resolution to accomplish it's purpose anyway). If he declines I will immediately end the call by telling him we'll carry the rest of our conversation through mail.

Would this be okay to do?

Thank you!

734

Getty Images Letter Forum / Re: Hi guys, Stock company is demanding I pay them $3800. Need some advice

« on: March 01, 2013, 03:54:28 PM »

Cyrusis,

welcome to the forum, first off let me apologize and say that the forum containing the Getty and masterfile information is currently off-line for maintenance for a few days. As far as the five day deadline goes that is a tactic used to try to frighten you into paying before you have a chance to do any research and find out what is going on.

Masterfile tends to play rougher than Getty Images does but if the case is as you say for a single image used as a placeholder prior to the site going live and you can document this I do not think you need to worry about it going to court. Masterfile will try to frighten you into paying but I do not feel they would take you to court over a single image.

I would not contact them by phone but handle all correspondence by mail as if you are talking with them by phone you may say something by accident they could use against you. Best method of communication is always a carefully worded letter and when the site comes back online in a few days there will be many examples of letters so you may see how to draft a letter for your needs.

Again I apologize for the inconvenience and the site should be back up shortly.

735

Legal Controversies Forum / Open Letter to House Judiciary: Investigate Patent Trolls

« on: February 27, 2013, 11:40:57 AM »

Found a good article over on the EFF site where they have sent an open letter to Congress requesting investigation into patent trolls.

In an open letter to the House Committee on the Judiciary, the coalition—including investor Mark Cuban and Reddit co-founder Alexis Ohanian—explains how patent trolls are chilling innovation, which in turn stifles job growth in the expanding tech sector. Researchers estimate that the U.S. economy took at least a $29 billion hit in 2011 due to patent trolls, which make no products but instead assert patents as their sole business model.

https://www.eff.org/press/releases/open-letter-house-judiciary-investigate-patent-trolls

I do remember last year that the Congressional Research Service did start an investigation into patent trolling but never heard the outcome.

http://www.extortionletterinfo.com/forum/legal-controversies-forum/is-congress-getting-ready-to-take-on-patent-trolls/