Messages

751

Getty Images Letter Forum / Re: An Experiment Against Getty

« on: February 19, 2013, 10:29:47 PM »

I was smiling from ear to ear when I realized what this was saying.  Basically, Getty is complaining to the AG about me.  We are getting the word out that you shouldn’t ignore it, you don’t have to take it and you can fight back!

"The campaign to file complaints against us is misguided and misdirected"

 

http://www.scribd.com/doc/126298848/New-Getty-Response-Letter

Greg, this is the highest compliment the trolls could possibly lay on you. This is what it sounds like When Trolls Cry.

752

Getty Images Letter Forum / Re: An Experiment Against Getty

« on: February 19, 2013, 07:23:32 PM »

Today I received the first CD from the Washington state Attorney General's office which contained nine complaints on it. I found it interesting that the complaints seem to be coming in rapidfire as there was one complaint received on January 18 of this year, one complaint received on January 17 of this year, two complaints received on January 15 of this year, one complaint received on January 14 of this year, two complaints received on January 11 this year, one complaint received on January 9 of this year and one complaint received on December 27 of last year.

I will be posting these complaints very soon once I have all of the fluff edited out and have them down to just the complaints.

There was one very interesting item I noticed that Getty's standard boilerplate letter responding to the complaints has changed. Many these complaints are now calling what Getty is doing extortion which is what I suggested in my experiment against Getty should be done. Also Getty appears to be mentioning me and my campaign as they mention:

"The campaign to file complaints against us is misguided and misdirected"

 

http://www.scribd.com/doc/126298848/New-Getty-Response-Letter

753

Getty Images Letter Forum / Re: Masterfile Letter

« on: February 17, 2013, 09:19:21 PM »

I answered this in your other thread. Please do us a favor and do not cross post as we will see it no matter where it is. Thanks!

754

Getty Images Letter Forum / Re: Masterfile Letter: Is this a Scam?

« on: February 17, 2013, 09:17:33 PM »

As SG has sent there does not need to be a watermark on a picture for to be copyrighted, if you are getting your images through search engines and it sounds like there are many of them I'm surprise you have only received one letter. It sounds like you have done the right thing by removing all questionable images but I would also suggest that you go to www.archive.org and remove any archive screenshots of your website that may be there as well.

Copyright exists from the moment a photograph is taken in regardless as to whether the image has been registered with the copyright office. All of the paperwork needs to be in order for masterfile to go after you for damages, however masterfile is one of the companies that tend to have all their ducks in a row for the most part although they lost a recent case against Chaga for having their images registered in compilations or groups.

I believe that what SG has said is sound advice and you can make a case for an innocent infringement and offer the $200 as a settlement since you have already admitted to them you took the image from a Google search. Make sure the archive.org is clear of any screenshots from your website so they cannot get multiple images and to send you letters over and then if they do not accept it wait out your three-year statute of limitations. Again I agree with SG and feel that the odds of MasterFail taking you to court over a single image would not be worth it.

Please keep us posted as to what you decide to do and how everything works out.

755

Getty Images Letter Forum / Re: Received a Getty Demand Letter, part 2

« on: February 15, 2013, 01:38:09 PM »

Well said Mulligan

756

Getty Images Letter Forum / Re: Help from the Eli Community Needed

« on: February 14, 2013, 10:12:25 PM »

Today I sent off an authorization to proceed with the records search with a limitation of $1200 total for the SEC's labor and copying charges. Thank you so much to those of you who have committed contributions.

If anyone else is interested in helping obtain these documents and seeing them I am still approximately $400 short of my goal. This is to great of an opportunity to pass up, getting the chance for us to get our hands on for cases of Gettys internal company documentation and there is no way I could pass this up. Thank you all again for your help and support.

http://www.scribd.com/doc/125575318/9-6-Response-Authorizing-Search-Redacted

757

Legal Controversies Forum / President Obama Admits Patent Trolls Just Try To 'Extort' Money; Reform Needed

« on: February 14, 2013, 06:52:13 PM »

An article from over at TechDirt where Pres. Obama takes and answers a question about patent trolls.

In a bit of a surprise turn, he took a question about patents and patent reforms, with a specific question about software patents. And, his response was surprising. He admitted that there was a problem, and that there were some companies who were clearly not doing anything other than trying to "extort" money from others. Furthermore, while he pointed to the patent reform bill that passed in 2011, he also admitted that it really only went "halfway" towards reforming the patent system as far as it needed to go.

http://www.techdirt.com/articles/20130214/14351821988/president-obama-admits-that-patent-trolls-just-try-to-extort-money-reform-needed.shtml

758

Getty Images Letter Forum / Re: Received a Getty Demand Letter, part 2

« on: February 14, 2013, 04:44:12 PM »

The way I handled that was when I let Getty know if they did not drop their claim within 14 days that I would file complaints to various agencies and included a copy of the complaint letter to let them know I was serious. I also told them to make sure they let Mr. McCormack know if they were going to pass my case along to him that I had a similar set of letters ready to go out complaining against him to all the same agencies in addition to the Washington, Oregon and Idaho State Bar associations where he is licensed to practice law. I also included a letter to NCS solutions should they decide to pass my claim along to them basically informing them that this was a claim and not a debt and not to contact me which eliminated them from the picture completely. I have not heard a peep from them since other than their responses to my complaint letters.

Thanks Mulligan and Greg. The “McCormick” hurdle could be a challenge on the nerves, when that day comes. I think the word “attorney” builds up a certain amount of anxiety. But with the knowledge I gathered from this forum (and the numerous postings on various websites on the Internet, ALL in agreement that this is extortion!), I’m ready to meet it head on. The more information I digest, the more I realize this is a big game of promoting fear to innocent users to pay up.

759

Getty Images Letter Forum / Re: Hawaiian Photographer / Copyright Troll Vincent K. Tylor

« on: February 14, 2013, 01:49:42 PM »

I agree it would be very interesting to find out what the terms of the settlement agreement were. However, I thought that VKT did get the new lawyer and had sent out at least one letter. I thought I remembered reading about the letter which cause the initial speculation as to whether VKT and Glen carner add parted ways and prompted your reaching out to Mr. Carner.

760

Getty Images Letter Forum / Re: Received a Getty Demand Letter, part 2

« on: February 14, 2013, 01:46:23 PM »

I agree with you Mulligan, once you get over the initial shock and educate yourself it can actually come down right amusing. I really enjoyed drafting some of the letters I sent to my Getty pen pal Douglas Bieker, however I don't think that they like me much anymore as they have not written to me in almost a year now

Steve, actually the times goes very quickly once you drop the fear factor that Getty Images and its copyright troll and collection agent Timothy B. McCormack use so effectively on many people who don't do their homework to extract payments with their nasty invoicing scheme.

Once you realize it's just a big game of bluff and bluster, then the whole deal becomes quite tolerable and their various letters downright amusing. At least, that's been my experience for almost two years now.

761

Getty Images Letter Forum / Re: Received a Getty Demand Letter, part 2

« on: February 13, 2013, 10:55:56 PM »

Great job and I'm glad to hear you're fighting back!  Please keep us posted, especially let us know if the complaint letters make Getty back off.

ditto to the others...in fact, I've filed complaints against Getty and McCormack with the WA State AG office....stupid Getty tried calling our company to try to resolve our issue by settling for "editorial" rates...pssh....I'll fight them all the way through....I suggest you do the same. The more of us that stand up to them, the better. Very thankful for this site.

762

Getty Images Letter Forum / Re: New Case

« on: February 13, 2013, 06:27:41 PM »

I agree with both sets of comments, to give you accurate and practical advice we need to know who you are dealing with as the way you fight Getty is not necessarily the same way you fight Masterfile and keeping silent only helps their cause. Jerry is right and I can tell you from personal experience if you raise a stink and come out swinging they back down very quickly and move on to easier prey. But again the strategy depends upon who you are dealing with, how many images and the entire situation. Provide us with more info and we can provide you with more info.

Ditto everything Robert said. I'll just add that the idea of laying low in the interest of them "going easy on you" or not tipping your hand doesn't seem to work. They already know the standard game plan and the moment you request proof of copyright registration they will know you have been here.

It seems that the people that are loud, name names, and make it very clear that they are willing to go to the mat on the issue seem to get left alone pretty quickly. The people that keep it on the down-low and appear that they are working toward a settlement seem to get pestered a great deal more.

At least that's my impression.

763

Getty Images Letter Forum / Re: Received a Getty Demand Letter, part 2

« on: February 13, 2013, 12:58:36 PM »

I understand completely with your thoughts and sentiments and I'm glad to have you join the fight!

Thanks Greg for the excellent advice! I will file complaints with the BBB, FTC, my Congressman and my Senator. I don’t appreciate the strong arm tactics Getty is doing, especially when it was an honest mistake. I have read several posting on this forum on individuals being unemployed, lost their homes, assets, and barely making it in general. And when they tell Getty Images of their situation, Getty have no sympathy at all. I know in the corporate world its all about money, but PR goes along way. There are numerous websites that images can be obtained for a reasonable price. I HOPE Getty is shooting themselves in the foot, and go crashing down. I want to be a part of that! At first when I received the demand letter , I was passive and truthfully, scared shitless!  Now, the more I think about it and the more I get involved, I get pissed off and want to put in my "two-cents" to stop their tactics.

764

Getty Images Letter Forum / Re: Received a Getty Demand Letter, part 2

« on: February 13, 2013, 12:14:34 PM »

I concur with what the others that said and you don't need to provide Getty with anything. You have told your situation and it's up to them to prove there case. I would consider in addition to the AG that you file complaints with the BBB, the FTC as well as your Congressman and Senator. also if you live outside of Washington State file a complaint with your own States AG.

I am glad to see we're not going to take this lying down and going to fight back. Please keep us posted as to your progress

You read my mind Robert. I do intend to reply to them stating my Bankruptcy is public record, and will not supply any documents. If this is not sufficient, I can supply my documents in court. I strongly believe with my current Bankruptcy status and Court defined budget, will stand up in court for my defense for a reduction or dismissal. If anything, the court will drop it down to a $200 "slap on the wrist" payment, again because of my situation. Again, if it went to court.

 I did review Greg Troy’s response, good stuff!! He’s an animal!     Excellent advice, I will add filling a complaint with the AG if they continue to hound me.

Also, I enjoy your humor you inject on some of the postings. It help relieves the mental distress!

Thanks again Robert!

765

Getty Images Letter Forum / Re: Help from the Eli Community Needed

« on: February 12, 2013, 11:05:08 PM »

I spoke to April Brown yesterday and she said she is on for $100.00  Thanks April!