Messages

916

Getty Images Letter Forum / Re: No Masterfile / Arius deal?

« on: November 30, 2011, 05:48:10 PM »

Yes, they did indeed get the 750k.
But, they're also going to extend the deadline to Jan 31.

A press release was just issued, in part:

"The closing of the transaction has been extended to January 31, 2012 in order to facilitate the financing efforts of Arius3D. In addition, the Company has agreed to release to Masterfile, on December 1, 2011, $300,000 that had been put in escrow in order to secure the payment of a termination fee. Arius3D has completed its due diligence investigation of Masterfile and is fully satisfied with the results thereof."

http://digitaljournal.com/pr/507759

Is anyone really interested in using their money to create "Righthaven North"? lol.

S.G.

917

Getty Images Letter Forum / No Masterfile / Arius deal?

« on: November 30, 2011, 03:28:45 PM »

No Masterfile / Arius deal?

It looks as if no rubes were willing to cough up 21M so that failing Arius3d could buy MF.
In fact, Arius was to notify MF three days ago if no money could be raised.

"if Arius3D chooses not to complete the transaction if TSX Venture Exchange (the "TSXV") approval is not obtained or if prior to November 4, 2011 Arius3D is not satisfied with the results of its due diligence investigation or (ii) if Masterfile chooses not to complete the transaction if TSXV approval is not obtained, or if on or prior to the day which is 3 business days prior to the closing date written evidence is not provided to Masterfile that Arius3D has secured financing to enable it to pay the maximum amount of the cash portion of the purchase price, or if Arius3D does not provide funds to enable Masterfile to repay approximately $3 million of debt held by two lenders of Masterfile."

http://www.marketwatch.com/story/update-on-arius3ds-agreement-to-acquire-masterfile-2011-10-31

Unless this was just a money-laundering scheme for Arius3d's potential bankruptcy, as McFilms stated previously.

So, I guess we'll get an official announcement tomorrow...

S.G.

918

Getty Images Letter Forum / Re: how would you interpret this???

« on: November 28, 2011, 12:11:09 PM »

Yes, there'd have to be a written agreement between the actual copyright holder and anyone else that the content is being licensed to.
The parties would have to be actually named.  Getty couldn't "sub-license" to others, as Getty's not the actual copyright holder.

I don't think that Getty's worried about their agreement being bullet-proof for court purposes in the majority of situations.
They haven't sued many people.  Their business model is based on people paying up without a fight.

I also get the impression that Getty may have "seeded" some sample agreements around.
Both for legitimate informational purposes, and also to assert that they only have solid exclusive agreements with their artists.
However, I'm sure that the stipulations in their actual signed agreements vary.

S.G.

919

Righthaven Lawsuits Forum / Re: Righthaven Appeals The Idea That Using Entire Work Could Be Fair Use

« on: November 28, 2011, 12:00:41 PM »

Interesting thing is that even if a different judge finds that it wasn't "fair use", the newspaper article must be registered if Righthaven is collect much, if anything at all...

S.G.

920

Getty Images Letter Forum / Re: Blackline Lawyer Julie Stewart Successfully Cleans ELI Scribd Account

« on: November 24, 2011, 11:27:27 PM »

Looks like she didn't bother to remove her resume yet.

http://www.megaupload.com/?d=Y5TC8QLL

S.G.

921

Riddick/Imageline Letter Forum / Imageline, Inc. (Riddick) v. Hewlett-Packard case DISMISSED with prejudice

« on: November 24, 2011, 07:09:42 PM »

Imageline, Inc. (Riddick) v. Hewlett-Packard case DISMISSED with prejudice

http://docs.justia.com/cases/federal/district-courts/california/cacdce/2:2011cv00172/491489/21/

S.G.

922

Riddick/Imageline Letter Forum / Noted copyright troll's mom/financier passes away.

« on: November 24, 2011, 06:56:15 PM »

Noted copyright troll's mom/financier passes away.

http://www.meaningfulfunerals.net/fh/obituaries/obituary.cfm?o_id=1259439&fh_id=11902

S.G.

923

Getty Images Letter Forum / Re: how would you interpret this???

« on: November 23, 2011, 05:58:51 PM »

I think that this clause greatly weakens the agreement from a legal standpoint.

If other (unnamed!) parties have an interest in the "exclusive agreement", then one could make a strong argument that it's not "exclusive" at all.
That could kill Getty's chances of enforcing such an agreement to prove standing.

From the aspect of a "Getty distributor", US law makes it quite clear that those having copyright standing transferred to them must sign the agreement in writing.
That could circumvent the efforts some other company "the distributor" from proving that they have standing.

We all know that in many cases, the extortion letter victim need only show that it's not worth it for a company like Getty to "roll the dice" in order to avoid a lawsuit.
Those who get an extortion letter from Getty should just keep saying to themselves: "When Getty plays, Dipshits pay".

My thoughts on Righthaven?
Righthaven is/was a different kettle of fish in that their start-up money was available to be expended on lawsuits from day one.
I'm sure that this "strategy" was intended to show that they'd sue even if they couldn't win, and therefore people would realize that it was cheaper to pay than go through a lawsuit.
Indeed, they didn't have to worry about negative PR, because they had no "customers" to lose.
But, they never really expected anyone to fight back.  Boy, were they wrong.
Other companies like Getty can't afford to play it that dirty like Righthaven did.

S.G.

924

Getty Images Letter Forum / Here's your opportunity to work for FREE at Magnum Photos!!

« on: November 23, 2011, 01:22:28 PM »

Here's your opportunity to work for FREE at Magnum Photos!!

"In the digital world everyone loves to work for FREE. Particularly when it is an opportunity to help someone else earn money as a result of their efforts..."

"With that in mind Magnum Photos is looking for volunteers to help them tag their online archive..."

"The promotional material also says the volunteers will be able to 'share (the images they work on) over social networks.' "

http://www.photolicensingoptions.com/ViewArticle.aspx?code=JHP2439

A new way to work for FREE and INFRINGE/SEED?  Wow!  Where do I sign up?

S.G.


 

925

Legal Controversies Forum / Re: Social Shaming - The Latest Response to Cease and Desist Letters

« on: November 23, 2011, 11:31:29 AM »

Those letters about trademark infringement are trash.
Unless the trade name can be confused with an existing and competing product, the territory is the same, and the product is of the same kind, it's utterly a waste of time.
That's why there could be "Eagle" pencils and "Eagle" tires in the same market.

S.G.

926

Getty Images Letter Forum / Re: Canadian Letter Recipients Getting Poor Advice from Blogger

« on: November 23, 2011, 11:13:46 AM »

It seems as if Howard Knopf and Fewer are mainly interested in gathering information/research about these letters/lawsuits.
It's plain that they're not giving advice or guidance.

S.G.

927

Getty Images Letter Forum / Re: a bit more exposure for ELi

« on: November 22, 2011, 05:47:21 PM »

I can guarantee that if people keep paying the, efforts of the copyright trolls will only expand.
However, if folks capitulate and pay when the don't have to, it's their loss.

S.G.

928

Getty Images Letter Forum / Re: Masterfile & Arius3d acquisition closing date extended, Arius3D pays MF 450k

« on: November 21, 2011, 08:16:57 PM »

McFilms,

That's quite an insightful post.  Quite interesting.

It does surprise me in our Western society that execs who fail (or come from companies that fail horribly) continue to have "golden parachutes" and "land in soft places".
It would be intriguing to see if a handful of high-paid people would actually help MF, or just make it management top-heavy.
It's great if new management arrives with new ideas, executes those ideas and increases the bottom line.
But, if they're just chair-warmers with a corner office (i.e. "I have a great idea!  Let's send more extortion letters" or "microstock is the way of the future"), then it's just a terrible waste of resources.
Maybe I've just described part of corporate "America" that failed so badly recenty?

Again, great post... I'll certainly revisit your post if this comes to fruition...

S.G.

929

Getty Images Letter Forum / Re: Masterfile Launches New $10 Collection

« on: November 21, 2011, 04:51:49 PM »

I've heard that MF's "Crestock" microstock aquisition hasn't been very fruitful.
Also, MF has a lot of older images in its catalog that might have been "de rigueur" in the late 80's and early 90's, but are passe now.
Take photos meant to be high-tech looking, but with a cd-rom in the picture for example.  Those are shite.

It seems as if MF doesn't expect Arius3d to come through with the investment money.
I'm interested to see what happens.

S.G.

930

Getty Images Letter Forum / Re: Masterfile & Arius3d acquisition closing date extended, Arius3D pays MF 450k

« on: November 21, 2011, 04:46:39 PM »

I've been thinking of this too.

Arius3d appears to be a company having trouble.
I find it odd that some of it's top people sound pretty impressive... but are these people just "slumming" there until the economy takes a better turn?
Or, have they just padded their resumes?  Weird.

I'd be surprised if they find an investor willing to put up the money.

S.G.