Messages

736

Getty Images Letter Forum / Re: Verification that I am understanding what I can do

« on: September 21, 2013, 07:56:48 PM »

quick short answers..

yes you can still use Oscar, no he won't draft a letter to NCS, but will instruct Getty to not contact you, as well as NCS, Getty would then have to contact NCS and instruct them to back off. You can simply contact NCS, and tell them this is a claim not a debt and that you have representation, if they continue to contact you will file a complaint.. they will stop at that point. In regards to the image in question, simply copy the URL of the image from Getty, go to google and click on image search, then in the search box click on the camera icon, in the right hand side of the box, paste the image URL, and google will search for image matches, you can do the same with tineye.com.. We know that roughly 80% of Getty's images are not registered, so odds are in your favor that it is not registered.

737

Getty Images Letter Forum / Re: Verification that I am understanding what I can do

« on: September 20, 2013, 01:19:37 PM »

IF you're attorney is an IP attorney, I would recommend he draft a letter to NCS, demanding they back off or get reported, I would also request your attorney draft a nasty gram to Getty images, as they know better than to contact you or have NCS contact you if you are represented.

738

Getty Images Letter Forum / Re: Will this approach work against copyright trolls as well

« on: September 19, 2013, 04:00:24 PM »

oh the shoe fits, which is why Getty and their cohorts prefer to fly under the radar as much as possible.. The likes of Prenda Law could be making millions, but they chose to file a shitload of law suits, thus exposing themselves, same with the now defunct Righthaven. Getty is very careful to not step over the line, but I firmly believe if we keep up the fight we'll reach a tipping point, and truly expose those asswipes.

739

Getty Images Letter Forum / Re: Just Received Getty Demand Letter

« on: September 19, 2013, 12:49:36 PM »

What Lucia said!

740

Hawaiian Letters & Lawsuits Forum / Vincent K Tylor has a nice payday

« on: September 18, 2013, 07:39:05 PM »

People never cease to amaze me in their ignorance..

http://goo.gl/iEQbPq

feel free to comment on http://www.copyright-trolls.com

741

Legal Controversies Forum / Judge Fines Copyright Troll Lawyer for Harassing Tactic Used Nationwide

« on: September 18, 2013, 04:38:25 PM »

One by one, courts are recognizing and shutting down copyright trolls' most unscrupulous legal tactics. Last week, a federal court in Wisconsin sanctioned a lawyer for adult film producer Malibu Media (also known as X-Art) for filing lists of "disturbing lewd, unusual and unredacted titles of pornographic films allegedly also downloaded by the defendant" but not produced by Malibu, in eleven lawsuits. Judge William Conley said that the list "appears calculated principally to harass defendants." The ruling will hopefully put a stop to this awful tactic nationwide.

More important still, Judge Conley recognized that lawsuit campaigns against Internet subscribers "already give off an air of extortion" even when plaintiffs' attorneys follow all of the rules. That's why more and more judges are looking carefully at these suits for any sign of abusive tactics.

https://www.eff.org/copyright-troll-lawyer-sanctioned

742

Getty Images Letter Forum / Re: Should I be worried if I'm hosting other people's sites?

« on: September 14, 2013, 01:55:48 PM »

they generally go after the domain owner, but your host can certainly pull the plug if there is infringing material being hosted.. Mom nneds to clean up her site or you need to have her get her own hosting account.

743

Getty Images Letter Forum / Re: I thought Getty Images went away. Just got letter from attorney.

« on: September 14, 2013, 11:39:59 AM »

Nope you're not missing anything my point was that if your hoping they just go away..your hopes will be dashed, they will continue to harass you, whether you reply or not.. The chances of them picking you out of potentially 1000's of letter recipients, would be slim to none IF they decided to file suit..

744

Getty Images Letter Forum / Re: I thought Getty Images went away. Just got letter from attorney.

« on: September 14, 2013, 06:27:04 AM »

I've decided to respond. Will take Troy's advice. Will send them a cover letter over my previous letter to Getty. Will make the key points that challenge their actions and will notify them that if they don't cease and desist I will execute a letter writing campaign (informing: my gov reps, AG, FTC and all of the bar associations and BBBs for every state that McCormack practices law in) notifying all parties of this criminal extortion activity. Hopefully that will be enough to make these parasites go away.

It won't make them go away...if you want that result...simply pay them the amount they demand.. Timothy B. McCormack is like a bad case of genital warts. Goes dormant for a period then BAM!! he raises his ugly head again demanding money.

745

Getty Images Letter Forum / Re: Success in My Battle With Getty -- By Doing Nothing

« on: September 09, 2013, 08:29:06 PM »

Hey Procrastinator!! I'm not sure if if would hold water, or would even be appropiate, but if you do feel inclined to file a bar complaint against Seattle Attorney Timothy B. McCormack, you might consider including the docs we have of the letters that came from his office AFTER the SOL ran...just say'n

746

Getty Images Letter Forum / Re: Success in My Battle With Getty -- By Doing Nothing

« on: September 09, 2013, 12:47:22 PM »

I'm not sure the "time stamp" of the screen shot would mean anything in a court... many computers have incorrect time settings and bios that are not correct, which is another reason to based the SOL on the date of the first leeter from Getty, as that would be un-questionable...

Theres no telling how many times you will be contacted by Getty, McCormack or NCS, there really is no ryhme or reason, but generally they will continue to harass you until the 3 yrs is up, and we just got our first letter example from Timothy McCormacks office sent that is actually past the 3 yrs... a sure fire reason to submit a bar complaint against Lauren Kingston and his office..

747

Getty Images Letter Forum / Re: Received Letter From DeBoer IP

« on: September 06, 2013, 01:36:01 PM »

I sent you a pm, chances are good the image is not properly registered, but we would need to see the documentation they said to know better.

748

Getty Images Letter Forum / Re: Received Letter From DeBoer IP

« on: September 06, 2013, 11:09:19 AM »

Hard to say how this will go, being as we have never heard of DeBoer IP before, chances are good you'll just end up on the Merry-go-round like many others. Innocent infringement would only come into play IF it went to court, which is highly unlikely, the chances of the image being properly registered is also unlikely...they just want your money and will continue to harass you one way or another.

749

Getty Images Letter Forum / Re: Ongoing List of Copyright Trolling Firms and those associated with them

« on: September 06, 2013, 10:56:51 AM »

New copyright troll to add to the ever growing list!  Our newest troll Mr. John M. DeBoer hales from the great state of Texas..Timmy undies must be in a knot, as this is going to cut into his commission!

Mr. John M. DeBoer, Director DEBOER IP, PC, has over 5 years specialized experience in intellectual property.  Mr. DeBoer currently practices in all major areas of intellectual property, including patent, trademark, and copyright law, with an emphasis in global patent prosecution services (prior art searches, patent application preparation [PCT, utility, design], response to patent office communications, and appellate/reexamination).  Mr. DeBoer also offers assistance with trademark and copyright registration, and related enforcement.

Bar Membership
U.S. District Court – Southern District of Texas
U.S. District Court – Eastern District of Texas
U.S. District Court – Colorado
Texas State Bar
United States Patent & Trademark Office

South Texas College Of Law - 2009

http://www.texasbar.com/AM/Template.cfm?Section=Find_A_Lawyer&template=/Customsource/MemberDirectory/MemberDirectoryDetail.cfm&ContactID=310218
http://www.deboerip.com/Home.php
http://www.linkedin.com/pub/john-deboer/32/833/a74

::EDIT:: Removed the Getty / McCormack reference as I have not confirmed this is a Getty letter.

750

UK Getty Images Letter Forum / Re: Getty extortion letter. Picking peoples brains

« on: September 03, 2013, 08:05:01 AM »

So just a quick update regarding this. After poking around on DK images, it appears the image is also for sale on there 

Now I know the image on getty is labelled as "part of the DK collection". Surely that negates gettys claim of copyright, as the so called infringement would be with DK and not getty themselves?

When folks become a "Getty Contributor" the artist / photog ALWAYS retains the copyright, the contract allows getting to license the images "exclusively" and protect the copyright on behalf of the artist. Also part of the contract states that for "Rights managed" images the artist cannot sell the same image elsewhere. Looks like what we have here is one of two things.

1. The artist photog, is no longer associated with Getty ( plenty of them have been leaving as of late) and Getty is still selling the image or trying to collect on the image when they have no right to. We've seen this once before, the artist was contacted and was not happy that Getty still had his images for sale, when the clearly did not renew the contract.

2. The artist / photog may be double dipping, by allowing Getty to license the image, while at the same time selling the image on their site or possibly other sites..

Herein lies the issue, who is Getty to say that you did not purchase the image directly from the artist? It's not up to you the end-user to prove your innocence, it's up to getty to prove your guilt, and they would also have to prove the image in question is registered and registered properly, and it probably isn't, which iin turn means they would only legally be able to collect a very small amount, if anything.. The whole schem is based on fear of being sued.