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Messages - Matthew Chan

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857
In SRIPLAW's recent lawsuit against Getty Images asking for declaratory judgement that they did NOT engage in copyright infringement, there appears to be some nice little nuggets for Florida extortion letter victims.

SRIPLAW is based in Florida. Notable assertions and defenses made in their lawsuit include:

Item 41: The Florida Deceptive and Unfair Trade Practices Act broadly declares in §501.204(1) that “unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce” are unlawful.

Item 43: Getty’s practice of utilizing a computerized image matching system that searches the internet and identifies Getty images, including thumbnail sized images, on an individual’s or  business’ website, and then automatically sending the individuals or businesses identified by Getty’s system a form letter alleging infringement, threatening lawsuits and demanding settlement payments, is an unfair or deceptive act or practice that violates FDUTPA.

Item 45: Getty’s practice is unfair or deceptive because the automatically generated form letters Getty sends demand payment in an amount that Getty would only receive for the highest resolution commercially licensed version of the image, not the lowest resolution thumbnail sized image the recipient is accused of infringing.

Item 47: Getty’s unfair and deceptive practice has damaged other individuals and  businesses similarly situated to SRIPLAW who received letters from Getty that falsely claimed copyright violations and, because these other individuals and businesses lack the technical or legal knowledge and/or funds necessary to defend themselves from Getty false claims, have instead paid extortion money to Getty that Getty was not entitled to.

Item 48: Unless enjoined, Getty’s unfair and deceptive practice will damage other individuals and businesses who receive letters from Getty that falsely claim copyright violations and demand settlement payments to resolve such false claims.


858
I have been saying for years that this was bound to happen. In Getty's relentless quest to prop up their diminishing revenues from the commoditization of digital content, they have overzealously and recklessly sent an extortion letter to the wrong party! 

Techdirt has broken the story of a Getty extortion letter victim fighting back with their own lawsuit against Getty!

https://www.techdirt.com/articles/20140820/18020328272/getty-threatens-wrong-ip-law-firm-its-copyright-trolling-efforts.shtml

That Techdirt article makes mention of an IBT article that ELI was quoted in.

http://www.ibtimes.com/getty-images-lawsuits-enforcement-or-trolling-fear-letters-dwindling-stock-photo-giant-hits-federal

Techdirt makes mention of the recent loss by Getty Images where Getty themselves were guilty of copyright infringement!

https://www.techdirt.com/articles/20131122/16151225339/statutory-damages-strike-again-afp-getty-told-to-pay-12-million-using-photo-found-via-twitter.shtml

Techdirt also mentions the recent Getty Images embedding program which ELI feels is very risky for anyone to utilize due to Getty's reputation in the extortion letter business.

Ironically, it is another IP Law firm (Schneider Rothman Intellectual Property Law Group PLLC) that is suing for declaratory judgement against Getty Images that they did not infringe.

http://www.sriplaw.com/sued-getty-images/

http://www.scribd.com/doc/237328425/Getty-Complaint

859
I am not sure but is James Stephen Street the oldest copyright thug we have every covered? He is a senior citizen for Pete's sake.  I almost feel sorry for him. 

At 65, exactly how many more victims will he terrorize before he retires and get on to his paintings? Does he need the 40% commissions that badly from VKT?  WTF.  I guess the cost of living in Hawaii is enormously high.

Geez, what will his children and grandchildren think that in his retiring years that he is engaging in copyright thuggery of innocent infringers for commissions?  It is an embarrassment. How financially desperate can be?

I guess the Hawaiian Trio can go bully a Senior Citizens Home next for ignorantly posting a picture of Hawaii.

It is all about the money, folks.  Remember that.  Digital photography has decimated the professional photo industry. More amateurs are getting in to take and sell their own photos.  Everything gets devalued along the way.  Professional photographers like VKT become dinosaurs.  Simple as that.


860
I will say this for Vermont Woods, they are a feisty bunch and despite overwhelming odds they are not afraid of putting it out there, getting their hands dirty, and getting publicity.  The newspaper article, enrolling DieTrollDie and FightCopyrightTrolls through Twitter, EFF's comments are incredibly impressive.

The one thing I truly admire and the reason I am a STRONG advocate and supporter of the Vermont Woods case is because they are a shining example of resourcefulness. IN fact, unlike the copyright thugs, Vermont Woods welcomes publicity and the attention and credibility that comes with it. They know when they are being legally bullied into an unreasonable settlement.

I like that they are leveraging the ELI information and work prior Hawaiian Art Network victims went through. I like that they have an "all hands on deck" approach to this. It is exactly what I would do.  I believe in an "all hands on deck" approach and to whip out every resource I can to defend myself.  It is people like Vermont Woods that inspire me personally and help advocate for them in ways few people can.

No matter how it all turns out, the Hawaiian Trio, VKT/Jimmy Stevie Street/Dane "young pup" Anderson will know they have been in a bloody fight. They may force a settlement and ultimately silence Vermont Woods but I have been paying close attention to this case and their tactics.

The Hawaiian Trio will continue on this even when the Vermont Woods matter is ultimately resolved.  They have no idea how they opened a Pandora's box by going after Vermont Woods. It wasn't enough that Woolf Gafni got caught by ELI for not even being a legitimately registered law firm.  But VKT managed to sucker "Social Security collecting" Jimmy Stevie Street and his puppy Dane to take the arrows for VKT.  I am always amazed how these outside lawyers are willing to take these arrows for a commission. That shows their financial desperation. But I am guessing Social Security is simply not enough to live on. After all, it took 30-years of working for a large law firm before putting up their own shingle and half a century to find a true calling.  Pathetic, obnoxious people.

I think that the Hawaiian Trio is a bit more obnoxious than HAN ever was.  At least HAN and Glen Carner was never that litigious.  I now have a lot more respect for Glen in comparison. He didn't waste money and energy in litigation. The Hawaiian Trio will leave a legacy of hated people in its wake as the digital content industry continues to be commoditized.  Most photographers will be starved out of business and that is a fact.  The State of Hawaii can be immensely proud of the Hawaiian Trio.

IN fact, I highly recommend that Vermont Woods write complaints letters to the Governor, Senators, Congressmen, and Mayor of Hawaii and explain how the VKT situation attempts to entrap others and take advantage of Hawaiian scenery that others allowed him to take.  Nothing to lose and everything to gain.  I would send those SAME letters to all the TV, radio stations, and newspaper.  For less than $1/piece including envelope, photocopies, and postage, Vermont Woods can reach a bunch of political VIPs very inexpensively.  Hawaii is a small state and therefore a small community. The chances of success are much higher than most other states. There can't be that many parties in Hawaii. $100 will go a long way to changing the dynamics very quickly to Vermont Woods side.

The Hawaiian Trio are a terrible embarrassment to Hawaii and should be ashamed for their copyright extortion and copyright thuggery. It represents Hawaii very poorly. I would use those EXACT WORDS.

And let us not forget, VKT is teaching his son the ropes of the filthy business of copyright thuggery they are in. Like father, like son. I guess the boy photographer enjoys the publicity that inevitably comes with lawsuits.

If the Hawaiian Trio manage to get some kind of judgement against Vermont Woods, I might have to post links on ELI how to be judgment-proof. In fact, they should start doing a Google search. That information exists.

Like Getty & Masterfile, the Hawaiian Trio can take pride incurring legal fees with an noncollectable judgment.

I am rooting for Vermont Woods. No matter how it all turns out, they will have gained a ton of friends and allies.

861
It wasn't Sanders Law PLLC, it was a different group whose name escapes me?  Were you referring to Dan Levine's group?

862
Getty Images Letter Forum / To ELI Readers, I am Enemy Number One!
« on: August 21, 2014, 07:35:02 AM »
To the ELI Community, as many of you know, I have been a passionate advocate for innocent infringers to not be victimized by overbearing and obnoxious copyright thug lawyers who ask for disproportionate amounts of money. They want to portray themselves as the only people in the content/art business but the reality is they are one small niche trying to justify their existence and squeezing money from others because of their own dying industry. They want to blame piracy but the reality is the wholesale commoditization of digital content whether they be ebooks, movies, digital games, software, photos, music, or imagery. The difference is that not all the other content providers are trying to sue and extort their potential customer base to support themselves.  Most are trying to create and innovate, not extort or engage in legal thuggery.

Make no mistake, many media companies are fighting for their financial lives. I am publisher myself and had to adjust myself dramatically. But instead of innovating, many are resorting to legalized copyright extortion and thuggery.  The copyright thug lawyers are not as upstanding as they try to portray. Deep down, many of them are petty human beings full of imperfections hiding behind their law degree and their superior knowledge over us non-lawyers. Watch what they do and how they behave. Actions speak louder than words.

They have always operated in secrecy and ELI as a group has always been outspoken and loud in fighting back.  With the exception of Oscar Michelen, all of us are woefully unarmed and unqualified in the legal arena. We are underfunded, non-lawyers trying to desperate learn everything we can to defend ourselves.

These well-funded, obnoxious copyright thug lawyers try to intimidate us non-lawyers and hate us for speaking out and complaining. They want us to play by their rules, the court system.  But for non-lawyers, it is hugely expensive and so we have the right to resort to alternative legal methods of fighting back. Participating on the ELI Forums and sharing your story is one part but making personal friendships and relationships with like-minded people is huge in creating unity.  The mindshare and synergy triggers creativity.

I have learned that the First Amendment allows us to speak out and complain loudly.  We are allowed to report on people and companies who would attack and extort us for our hard-earned money. We should not be silenced and we should be open to every legal tool available to us to fight back.  That is why I am a firm believer in publicity because the public knows that is reasonable and what is not.

I have never claimed to be a perfect human being but I try to get things right. I have made it known that I am an aggressive defender to anyone who would come after me and they hate an despise me for it. I have tried to impart this fighting spirit to all of you. It is that spirit will make people think twice about coming after you. Never be the low hanging fruit. Only the uninformed would be willing to do this.

In the last 4 years, there has been an ongoing and increasing campaign behind-the-scenes to take me out thereby crushing and extinguishing ELI.  I am not necessarily the smartest guy in the ELI Community but I am probably the most vocal and the most aggressive at defending myself and ELI. There is no question I am a big irritation and sore point to many.

I have NOT reported everything that has happened the last 4 years but that will likely change over time.  There have been many who have attempted to poison and vilify my working relationship with Oscar Michelen.  I consider it tortious interference and I may eventually file a lawsuit on that basis. And they have gotten away with it.  Well, those ghosts will likely be resurrected because certain people refuse to leave me and ELI alone.

As "egregious" as my enemies think I am, I have actually withheld a few secrets.  As transparent as I have tried to be in how I operate, my enemies are regular readers of ELI and looking for me to make a big mistake and put me and ELI into the ground. And so, I hold back information that I would normally disseminate for free.

If ELI is to suddenly change hands or to be shut down or if I am suddenly forced to be silent, I want all of you to know that I was forced to be silent as a result of exposing and reporting on the many copyright thugs in operation today. I can currently speak freely now but last year, a local court managed to partially silence me. It disgusted me so much that I left ELI on a self-imposed exile for 10-months. If it happened once, it can happen again.

I came back out because one of my enemies was determined to take advantage of the situation. It wasn't enough that I didn't post anything publicly.  He had to keeping pushing, assuming I was defeated.  That person is now so desperate, he is attempting to hijack my legal case with the GA Supreme Court that actually has nothing to do with him. While I am optimistic I will ultimately prevail, I have no false notions I am guaranteed a win as I do not entirely trust the legal system. I am represented by Oscar Michelen but as good as he is, there is no accounting for legal uncertainty.

It is important that I relay certain information to others so that if I am suddenly silenced or conveniently eliminated by my enemies, people will know why I suddenly disappeared and you will know where to go.  Or the information doesn't "die"/die with me.

As all of you read ELI and participate, be mindful that I am Enemy Number One to the copyright thugs.  They are so cowardly they are using backroom tactics thinking I won't know or find out about what they are doing. Well, I have. Word almost always gets back to me, one way or another. One poet extortionist wants to try to convince others that I am actually a true cult leader. As if I need to say it, that when I use that term it is tongue-in-cheek. She and her cohorts is going to try to convince others how I am somehow dangerous and violent in a literal sense.  And yet, I have no criminal record and have no pattern of ever coming close to violence. They want to claim how I am causing fear for their lives and livelihood. 

The biggest thing I am guilty of is having a big mouth and sharing my thoughts, opinions, and my non-traditional (and entirely legal) ways of resolving problems.

My enemies are constantly complaining and whining to Oscar Michelen as if he were my daddy. I hugely respect Oscar but he isn't my daddy and he doesn't own ELI or this website. He has a great deal of influence but he doesn't own or control me.

The benefit I have is that LOTS of people feed me information.  Lots of eyes and ears out in the world and my email address is easily found.  I have to pick and choose what information to act and report on and those that I sit on. IN all the years ELI has been in existence, no one has been able to point out anywhere where we intentionally got the facts wrong or misrepresented things.  I don't need to make up fiction. The truth is damning enough. Copyright extortion and thuggery exists on a huge scale.  ELI covers only one segment.

My friends at DieTrollDie.com and FightCopyrightTrolls.com remain anonymous for the very reason they are concerned they might be silenced and their website extinguished.  After six years of operation, I now understand why they remain anonymous. I also respect those that want to remain anonymous on ELI.  There can be a heavy price to pay for stepping out using your own name and speaking out against those that are far more powerful, better funded, and legally-armed. I did so because I wanted to show credibility in what we do. However, I am the underfunded, legally-unqualified little guy using my creativity, wits, and the First Amendment to guide the ELI Community.

Through last year's lawsuit, I have now become one of the most strongest advocate of free speech, freedom of the press, and the First Amendment.  If it wasn't for last year's lawsuit, I would never have become more knowledgeable and well trained on the legal front as I am today.  I gained a few more important contacts along the way. I have always been an advocate of self-representation and I am now happy that I "lost" last year.  What I gained more that offset what was "lost" last year.  I was truly disgusted, upset, and discouraged but a lot has happened in 18 months and I am a lot more smarter and tougher now.  Being attacked by my enemies is the best way to energize and awaken the passion and fight within me.  And although I have more enemies looking to put an end to me, I also have more friends and supporters too.

With any luck, maybe my friends and supporters will be sufficient to keep ELI alive and going.  Most importantly, I won't be silenced. If am to be silenced, I would ask all of you to support others who might replace me.

Pay attention for any sudden and unexpected changes in ELI. Thank you for listening.


863
Anyone who has information on Hawaiian Attorney James Stephen Street and how he operates, does business, or have legitimate complaints in Hawaii should email me directly at matt30060/gmail. I will maintain confidentiality. I am compiling a report on the Hawaii Trio shenanigans by Dane K. Anderson/Jimmy Stephen Street/Vincent Tylor for other future victims.

James Stephen Street is probably collecting Social Security now (allegedly 65 years old) so I am guessing there is potentially a long history of people who have encountered Jimmy and dealt with him. Almost every lawyer has someone that isn't happy with them.

Hawaiian Art Network has fallen off the radar but the new Hawaiian Trio now exists. I am getting more complaints about extortion letters from Hawaii and need more information.


864
Anyone who has information on Hawaii Attorney Dane K. Anderson and how he operates, does business, or have legitimate complaints in Hawaii should email me directly at matt30060/gmail. I will maintain confidentiality. I am compiling a report on the Hawaii Trio shenanigans by Dane K. Anderson/Jimmy Stephen Street/Vincent Tylor for other future victims. It will be informative and newsworthy.

Hawaiian Art Network has fallen off the radar but the new Hawaiian Trio now exists.

865
As a follow-up to "shamecasting", the onslaught and backlash against Comcast is fierce.  People are recording their calls into Comcast with regularity to help hold Comcast accountable and prove to others about their crappy experiences and pushy service.  Comcast is very aggressive, hated by many, and tries to put on a pretty but pretty shitty people behind the scenes.  Does that sound familiar?

The most powerful "weapon" to beating your adversary is collecting the dirt and embarrassing facts and sharing it.  We have a First Amendment right to gather such information and report it on an open forum.  Plenty of great phone recording apps on Google Play. I assume there are a few iPhone side.

(Oh wait, I sense a "warning letter" or "complaint letter" coming from Timmy Mack (of McCormack Legal infamy) that I am "inciting illegal activity".)  He is going to invoke my so-called "cult leader" status. Sure, it's so "illegal" that all these Comcast complainers are being prosecuted by the District Attorneys around the country.  Because we know that the highest priority is to prosecute consumers/end-users who record their crappy customer/end-user experiences  and sharing their complaints publicly.

It's so "illegal" that there are NUMEROUS free or phone recording cheap apps available for Android (and likely Apple) phones.

866
Sanders Law PLLC has an interesting approach to listing their lawyers.

http://www.sanderslawpllc.com/attorneys/

No bios or background info on any of their lawyers that I can find.  Just a random list of names.

A person I consulted with received a Sanders Law PLLC email from paralegal, Stacy Berkowtiz. It also doesn't designate which lawyer she is working for.


867
Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA
« on: August 21, 2014, 06:02:12 AM »
I just did a ELI Support Call for a person and did some research on BWP Media.  IN 2014 alone (as of late August 2014), there are nearly 50 lawsuits filed by BWP Media. By and large, most of the lawsuits are directed towards larger media websites and organizations. However, BWP still bears watching for smaller parties.

In dockets.justia.com, you can find the actual lawsuits being filed. If someone is ambitious enough, these cases can then be cross-referenced with PACER to see the individual outcomes. I did not take the time to see if Sanders Law actually filed the lawsuits themselves or if they are "paper tigers" like "Timmy Mack" of (infamous McCormack Law fame).

The person I consulted with was largely engaging in a hobby website from his home. I believe he is of low risk right now as there is little money to be had if BWP Media decided to sue. AS with all the people I consult with (but don't provide legal advice), people have a direct line to me for any sudden status changes. I can then send them in the right direction if the matter escalates.

On the case I consulted on, Sanders has the paralegal, Stacy Berkowitz, sending out these notification emails. Interestingly, I saw no specific dollar amounts being requested.

868
There are lessons to be learned in fighting back. None of us will ever know what the actual settlement terms were but James Stephen Street apparently supported the terms of this settlement to which Aloha Plastic Surgery fought for nearly a year. The key thing was he went on the attack to file a counter-suit to find out more about the free wallpaper "seeding" and how VKT is making out like a bandit from this. 

Michael Pasquale apparent was satisfied enough to agree to the terms.

This is the complete docket from beginning to end and is an example to all Vincent Tylor & (half-a-century too late & Social Security collecting artist/attorney) James Stephen Street / Dane (young pup and amateur with no website) Anderson lawsuits.

http://www.scribd.com/doc/237346152/Complete-Docket-for-Hawaiian-Art-Network-v-Aloha-Plastic-Surgery

It is so convenient for these free wallpaper websites to distribute VKT photos and when someone is dumb enough to get one of those images.  The Hawaiian Trio of Tylor/Street/Anderson make out like bandits from the free wallpaper scheme.


869
All VKT and James Stephen Street's extortion victims and Aloha Plastic Surgery should follow this case from the Pacer archives.  Michael Pasquale put up a hell of a fight.

I am amazed how a revisit of Pacer reveals that Michael Pasquale single-handedly set aside the default judgement that James Stephen Street attempted to get for Hawaiian Art Network. I never saw it done before prior to this.

http://www.scribd.com/doc/237344651/Aloha-Plastic-Surgery-Sets-Aside-Default-Judgment-from-Hawaiian-Art-Network

Kudos to Michael for teaching us this.

870
Getty Images Letter Forum / Re: Another Getty Letter Story
« on: August 09, 2014, 03:44:36 PM »
We might need to start a new thread on this particular issue.  I am familiar with Parallels Plesk and have used it as many website owners/administrators have.  Thank you so much for sharing this.  As far as I know, this is new for ELI. You have done many people a great service as I am certain Google will index this and anyone who gets an extortion letter over the Parallels Plesk issue will find our discussion.

Anyone who faces this issue with Parallels Plesk needs to report their issue ASAP on ELI and let the ELI community do its thing.  I am absolutely convinced there will be a strong defense and the likelihood of a successful lawsuit is quite small.

When I get a chance, I will likely start a new thread for what I believe is a very important development.

Good job, Newbie Fan, for making this contribution.

I think you misunderstood me. Mainly the point was about KB Parallels and their admission of having sold templates with unlicensed Getty images. http://kb.parallels.com/en/116513
"Unlicensed images on the website
Article ID: 116513
Created On: Jul 22, 2013
Last Review: Jul 10, 2014
Views: 
APPLIES TO:
Parallels Plesk Sitebuilder
Parallels SiteStudio
Service provider products licensing
Symptoms
You have a website and were told that one of the images on the website is unlicensed.
Cause
Websites created using Parallels SiteStudio or older versions of Parallels Plesk Sitebuiler (below 4.5) might contain unlicensed images that belong to Getty Images.
Resolution
If you are a website owner, please get in touch with your hosting provider. They should either remove the images in question, or discuss usage terms with the image owner."

The question of what to do pertained to whether or not to contact the host that provided the templates legal department as was suggested by Parallels since the people are not 100% sure if the image was in the template, and wondering if anyone else had dealt with or heard of this issue with Parallels templates, and the outcome.

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