Messages

91

Getty Images Letter Forum / Re: Techdirt: Court Orders Copyright Troll, Post $10K Bond, Client License Agreement

« on: March 13, 2018, 12:41:43 PM »

I suspect it won't be long and this troll will join other copyright trolls, in a new line of work. Seems most of these trolls either pick the wrong person to sue, how decides to fight back, or they do some really dumb shit as in this case...

"Lives paycheck to paycheck"...i'm sure hoping we see some proof of this...

Maybe we should start a thread / name game and name all of the trolls that have come and gone. Would be  a long list!

92

Getty Images Letter Forum / Re: PicRights Too

« on: March 07, 2018, 11:35:40 AM »

  Unfortunately, copyright trolls are maggots

An insult to maggots worldwide, at least maggots serve a purpose in the grand scheme of things..copyright trolls not so much.

93

Getty Images Letter Forum / Re: Agence France Presse

« on: February 20, 2018, 10:31:22 AM »

so heres an issue I see with this... you purchased "a reprint" (whatever that is ) from Commpro magazine, which apprently included the image in question. Commpro may have had a license to use this image, but they may NOT have had the rights to transfer that license to you.. Now if this is the case chances are pretty good that if it went to court, you would prevail as an "innocent infringer" as you purchased the article/image in good faith. Unfortunately a lawsuit would be a huge time suck and be costly, which is where the counter-suit option comes in, it may force their hand to dismiss the case on their end, still a time and money suck, but at least you could possibly turn the tables on them.

94

Higbee Associates Letter & Lawsuits Forum / Re: Jousting Windmills

« on: February 08, 2018, 01:14:13 PM »

Kudos! Some of these tactics have been employed before, go for it!, you never know where it's going to go, years ago we suggested filing complaints against getty with the Washington State AG, since then literally 1000's of complaints have come in, at some point the scales will tip.. Not to mention these trolls don't like the negative exposure they bring upon themselves. I can't count how many "lawyers" are no longer in this type of "work" thanks to being exposed and pushed by ELI memebers and out sometime unorthodox ways

95

Getty Images Letter Forum / Re: PicRights.com

« on: February 08, 2018, 01:09:36 PM »

not saying that at all, mine were a different set of circumstances, where I actually purchased the image in question in good faith, but Getty came at me anyway. If you are confortable with the amount all is good.  The reason why I suggested they may come back for more, is simply because most users here, don't know anything about copyright and simply grab images from google searches thinking "they are free to use", which generally leads to more than one instance. By your response , you are probably not one of those uneducated image grabbers.

Based on the fact you used the image for 6 yrs and paid 300.00, if I were in your shoes I would have likely paid it as well, but don't come at me demanding 1500.00 for an image that I purchased in good faith, and when the image is a 20.00 royalty free image that is offered on many stock sites...yeah I'm gonna fight back on this scenario everytime

96

Higbee Associates Letter & Lawsuits Forum / Re: Higbee filed complaint, now what?

« on: February 07, 2018, 06:41:21 PM »

They did indeed file. I haven't volunteered any information, and I think they assume it is a much bigger ($) case than it really is. Looking around for representation, but I am sure they will still try to settle. Because I am not in NY or NJ, that means I can't have Oscar representing me, is this correct?

You can still contact Oscar, he is admitted in other states and he also has many lawyer friends around the country that can get him in if need be.....In the meantime don't answer the door, change your daily habits, or maybe go an extended vacation somewhere.. One of our older/veteran user never left the house of answered his door for a long time to avoid being served,  the process server got fed up and left the paperwork on the doorstep, which in effect killed the case, as it wasn't properly "served" even though the guy was looking out the window at the deputy that was there to serve him.

97

Getty Images Letter Forum / Re: PicRights.com

« on: February 07, 2018, 06:36:16 PM »

or 3, maybe 4 lots of trolls out there trying to collect on easy marks, that simply roll over, instead of fighting back. This case never would have gone to court, they "settled" for 300.00 which is less than the filing fee.. Not trying to be insulting, I can why some people would rather just make it go away, i'm just not one of those people I guess.

98

Higbee Associates Letter & Lawsuits Forum / Re: Higbee filed complaint, now what?

« on: February 07, 2018, 12:27:56 PM »

just looked at docket, only 6 cases filed in 2018, most in January, so chances are good if you are one of them you would have been served already, unless of coarse if your staying low and under the radar...there is nothing wrong with avoiding being served.

99

Higbee Associates Letter & Lawsuits Forum / Re: Higbee filed complaint, now what?

« on: February 07, 2018, 12:11:18 PM »

check your local court docket, to see if they indeed filed. If they did and depending on your scenario, you may consider filing a counter suit, to put their backs in a corner.

100

Higbee Associates Letter & Lawsuits Forum / Re: A new twist on Higbee

« on: February 04, 2018, 01:14:01 PM »

a. don't communicate with Higbee, he's a douche bag
b. a cease and desist is NOT required
c. Higbee doesn't know your name, hence the letters addressed to "xxxx", he can't file a suit if he doesn't know you name.
d. see "a" above
e. keep the screen shot of the image site stating it's in the public domain, it shows you used the image in good faith, which would help your case IF it went to court.....it won't
f. the # of times the image has been used doesn't mean much in the grand scheme of everything, tho it could help your case that the owner has no control off his /her copyright..
g. again refer toooo "a" above

101

Getty Images Letter Forum / Re: Can copytrack enforce legal procedures

« on: February 02, 2018, 10:53:39 AM »

It's doubtful they are suing anyone..they look for quick cash from ignorant / uneducated people that mail them statements of guilt, before becoming educated as a knee jerk reaction. Read the forum to get a better understanding of how this works and where it goes, all of your answers have been addressed many times over.

102

Higbee Associates Letter & Lawsuits Forum / Re: Higbee claim for a shared YouTube video thumbnail + video title

« on: January 17, 2018, 11:25:28 AM »

correct, that precedence (sp) was set back in the perfect10 v google case, where the court deemed that hot linking to an image was not an infringement. Higbee continues to show his ignorance.

103

Getty Images Letter Forum / Re: See the legitimate connection for PicRights

« on: January 08, 2018, 09:44:10 AM »

One last safeguard is the 'Cease and Desist' requirement - an official notice sent to offenders to get them to remove unlicensed images before any further action/ financial demands are made.

There is NO requirement to send a cease and desist, it's more of a common courtesy that trolls don't have.

104

Higbee Associates Letter & Lawsuits Forum / Re: Service to "fight back" against Higbee

« on: December 27, 2017, 11:53:33 AM »

I see it more of Higbee selling "options" to his clients...in other words he's not making the decision, but selling the idea to the client who then agrees to move forward..He is a money hungry slob, and could probably care less about his clients at the end of the day, so what does he care if he files and loses..

105

Higbee Associates Letter & Lawsuits Forum / Re: Higbee copyright letter

« on: December 27, 2017, 11:49:29 AM »

Get educated on "Fair Use", if your site is a news site, and the image in question was used for reporting you may qualify and Higbee would have no case.. Also I believe there is case law mentioned in the forum somewhere, in regards to youtube screen shots of even video clips not meeting infringement criteria.. He'dd be a fool to pursue this, and if i were you I wouldn't worry to much about it.  I'll see if I can find the info about youtube screenshots and post the link.