Messages

931

Getty Images Letter Forum / Re: "Personalised" response from Doug Bieker

« on: December 06, 2012, 05:52:44 PM »

I agree with Robert that you should name Douglas Bieker personally in complaints along with Getty images to as many agencies as possible. I did this in filed complaints with the Washington state Better Business Bureau, the Washington state Attorney General's office, the Ohio State Attorney General's office, my Congressman, my Senator and the Federal Trade Commission and in every one I made sure I name Douglas Bieker along with Getty complaining of legalized extortion. If you would like to see these letters along with my responses, Getty's replies in my counter responses they may be viewed here:

http://www.scribd.com/my_document_collections/3777301

Become a nuisance and a major time suck to them and let them know you are willing to fight them and they will back down and leave you alone. The only caution in this I have for you is do not threaten anything that you do not fully intend to carry out, if your word is no good and they perceive your letters as idle threats they will continue to harass and pester you for the three years of your statute of limitations.

Good luck and please keep us informed as to what you decide to do and your results.

932

Getty Images Letter Forum / Re: Getty has accepted my offer

« on: December 06, 2012, 05:42:52 PM »

I agree with Robert that you should honor your statement and settle since they accepted your offer. I also agree that the clause should be added to all settlement offers requiring proof. I included such a clause in my letter where I offered to settle in anyone is free to use it as is or reword it to their liking.

Whether you choose to accept my offer or not I do require that you provide all of the documentation requested providing proof of copyright, contract and sales history. No monies will be paid without full and complete documentation

I am glad that you were able to settle and have been able to put this behind you and hope that you will stick around and participate in the forms.

933

Righthaven Lawsuits Forum / Re: Gibson remains CEO of Righthaven, appeals to continue

« on: December 05, 2012, 09:32:11 PM »

Nice to see you back SG! 

Interesting posting.

It's troubling that Gibson is keeping this going.
Plaintiff Righthaven is in bankruptcy, meaning that any defendant that prevails wouldn't be able to collect any damages from Righthaven.
Gibson's allegedly funding Righthaven's continued efforts.  Does that mean that Gibson should personally be held responsible for court losses by Rightaven?
Certainly something to consider.  Unless Righthaven's actually being secretly funded by Stephen's media.

One could ask what value lies in keeping Righthaven and its trolling efforts afloat.
Maybe Gibson is one of those people that can't stand to lose no matter what.
But, it's just as likely that Righthaven's menacing reputation might be useful for future trolling efforts.
The prospect of paying huge legal fees above and beyond what Righthaven originally demanded (even when one is in the right) is enough to scare anyone.

S.G.

934

Getty Images Letter Forum / Re: Received a Getty Demand Letter!

« on: December 05, 2012, 09:17:00 PM »

Robert is right on the money with his advice. Also to date Getty has not filed suit over one image in the states and the last lawsuits if they did file was for 35 images and they got their butts handed to them, look up Getty v Advernet if you want to read about it. Please keep us posted on what you decide to do in any responses from Getty.

935

Getty Images Letter Forum / Re: Another Newby Masterfile

« on: December 05, 2012, 09:07:14 PM »

Yes, Oscar did put a whipping on them didn't he? Well maybe this will help sooth MasterFails pain.

I have never heard of Masterfile going down to $500 so quickly, so I suspect they know they have a weak case against you.

Or they are hoping that by lowering itto 500.00 Oscar won't get involved...I'm sure they are still a bit sore from the last whipping! 

936

Getty Images Letter Forum / Re: Another case of a fearful Getty Victim

« on: December 03, 2012, 08:37:20 PM »

Stinger,

I would tend to agree with this although I don't think it is just Getty that uses this. The trolls will generally back down from a fight in a confrontation because the last thing that they want is to go to court get the records through discovery. There was a recent case I posted about over on the P2P thread where the troll made a large settlement to the defendant who had countersued and requested all of the trolls financial documents through discovery. The troll realized it would be cheaper to pay the defendant what he wanted to make them go away than to expose his racket and ruin his business entirely.

I personally think we will see less actual lawsuits than we had in the past, at least for a while even though we did not really see that many, I think Aloha Plastic Surgery in their countersuit will make the trolls think twice. Also why do they need to sue in less there is a case of willful infringement when there are so many out there who will just roll over and pay out of fear instead of doing even minimal research to confirm their gut feeling that this is wrong and extortionistic.

I am beginning to think Getty's strategy is designed for people like her.

The longer I am in this, the more I think that they know that say 7 - 10% of those threatened will fight back.  If they can identify this group early, they can choose to waste no more time on them.  They just chase the rest.  It's a profitable business run by clerks and word processors.

If they stay out of costly legal battles, which only happen with those willing to fight, the rest is pure profit.

This is why we need to raise the stakes and get them out of the game.  I am afraid that to win this game on a large scale, we will need to somehow fire the first shot.

937

P2P/BitTorrent Lawsuits Forum / Finnish Police Raid Home and Confiscate Winnie The Pooh Laptop – Are We Next?

« on: December 02, 2012, 03:38:14 PM »

Can we be soon looking at all the problems and controversy associated with the Pirate Bay fiasco over in Finland here in the States? With the new law going into effect here to help protect against filesharing on P2P sites like bit torrent, ISPs will be monitoring and sending out warning letters letting offenders know that they should stop sharing files or face penalties for infringement. On the face of this I am for this new plan as I find this much preferable to the copyright troll letters that automatically assume guilt and demand extortionate amounts of money. I am not for infringing upon or stealing anyone’s intellectual property rights, and these letters will also include instructions on how to protect yourself if you are the victim of someone using your wireless connection by including instructions on how to secure your router so it is not an open network as well as other things you can do to protect yourself. Again, on the face of it we need to start somewhere in this sounds like a good plan as at this stage the ISPs will not be sharing IP addresses of possible offenders with any trolls but there is as with anything a lot of room for in danger of abuse like the following example.

I found a link to this article from Torrent Freak over on the Plagiarism Today’s site which shows what can happen when this goes too far. The Finnish anti-piracy group CIAPC sent a man letter advising that his IP address was traced back to having downloaded copyrighted material and advised him to pay a settlement of €600 sign a confidentiality statement and put this matter behind him or face escalation. He chose not to respond to this and woke up to find police knocking on his door with a search warrant, the police then traced the offense to a nine-year-old girl (the man’s daughter )who liked pop music and didn’t have enough money in her piggy bank. She tried Google and then Pirate Bay site but apparently could not get a download that worked properly and talk to her dad who took her out the next day and bought her the music. The man explained to the police that the music was purchased but they did not care and confiscated her Winnie the Pooh laptop and lectured the father and the little girl saying

“It would have been easier for all concerned if you had paid the compensation.”

The article goes on making some good points by the father stating:

“We have not done anything wrong with my daughter. If adults do not always know how to use a computer and the web, how can you assume that children or the elderly – or a 9-year-old girl – knows what they are doing at any given time online?”

You may read the entire article here:

http://torrentfreak.com/police-raid-9-year-old-pirate-bay-girl-confiscate-winnie-the-pooh-laptop-121122/

938

P2P/BitTorrent Lawsuits Forum / Re: Double Tap - A Great Weapon Agaist Trolls

« on: December 02, 2012, 03:03:14 PM »

Here is the latest for anyone following this case, Prenda is asking the judge to review/reconsider the decision requiring Prenda to place a 48,000 bond for the trial to proceed or face dismissal.  The story may be found here:

http://dietrolldie.com/2012/12/01/prenda-law-responds-to-order-requiring-an-undertaking-security-bond-af-holdings-llc-v-david-trinh-312-cv-02393-ca/

939

Getty Images Letter Forum / Re: Another case of a fearful Getty Victim

« on: December 02, 2012, 12:30:36 PM »

It always amazes me when people do not stand up for what is right and what they believe in.  This is what keeps Getty, MasterFail, Corbis, HAN and the like going.  The money is too easy for them.  Would post the link to that Getty FB page you are referring to, I would be interested in reading it.

940

Getty Images Letter Forum / Re: I don't think the Getty case stands up technically

« on: December 02, 2012, 11:15:56 AM »

Welcome to the forums, as to your question as to whether a snapshot can be used in court or not has been challenged in the past. Jerry Witt found a case from back in 2004 in which the use of snapshots as evidence was disallowed.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/are-screenshots-from-the-wayback-machine-useful-as-evidence/

Rather than preparing a defense for a court case which likely will not happen, I personally would be focusing more on shutting Getty down and making them leave you alone. There are more recent cases such as the Getty versus Advernet case which was a case where Getty was suing for the use of 35 images and ended up winning the case by default but received no monies because there was issues with either the registration or the paperwork or something with every single image that negated Getty from collecting any damages. I personally would be pursuing along the lines of asking for proof of registration and Getty's exclusive right to the image, how they arrived at the sum that they are asking for and to see a copy of the signed contract between Getty and the artist transferring all these rights to Getty.

I would let Getty know that if they do not provide all of this proof that you will send out complaint letters to the Better Business Bureau, the Washington State Attorney General's Office, your state's attorney general's office, the Federal Trade Commission and your Congressman and Senator. You may see examples of this and how it worked in my case in the following thread.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/an-experiment-against-getty/

Do not make these threats in less you are fully prepared and intend to carry them out as if you show that you make idle threats Getty will not believe anything that you say and will continue to harass you. Getty likes easy pickings and if you become difficult they tend to move on to easier prey that will just roll over and pay.

I hope this information helps and again welcome to the forms and please keep us posted as to your decisions and progress of your case.

941

Getty Images Letter Forum / Re: Client received letter demanding $15,000 for single image usage. How to respond?

« on: December 02, 2012, 11:00:13 AM »

ELI has been known to give attorneys in need of special attention just that.

Hopefully your client will see fit to share their letter with the Eli community.

Ed Greenberg of New York is looking for more attention? As if he didn't get enough the first time around.

Depending on the image used,this could be another easily won battle, i'm sure some of the news outlets that covered the last fiasco would entertain reporting on the fact that sleezebag attorney Ed Greenberg is still at it.

942

Getty Images Letter Forum / Re: Client received letter demanding $15,000 for single image usage. How to respond?

« on: November 30, 2012, 10:50:21 PM »

Hello and welcome to the forums. Since I don't know which law firm you are referring to or if they are tied to a specific photo agency my comments will be generic. If you'd be willing to share your letter we may be able to offer you more insight. You could scan and email it to either myself, Robert or Matthew is this may be something new and we are always interested in any new letters that may surface. Rest assured that any personal information would be redacted from the letter if it was new and added to our library.

Now as for your questions and how you may wish to proceed. $15,000 for one image is ludicrous and I think most courts would agree with that especially if you can show the images available other "free" sites. I would also ask that they provide you with proof that the images are registered properly and how they arrived at this amount. There's a wealth of information available here in the forms so read all you can and do not panic over the 10 day deadline, we've seen time and time again these letters always include artificial deadlines designed to panic you and get you to pay before you have a chance to research and see what the situation really is and what your options are. You may wish to consider the support phone call with Matthew in which he can bring you up to speed and provide you with options very quickly. If you wish not to have to deal with them anymore you can use Oscar's defense letter program provided you are here in the states, once you retain a lawyer they may no longer contact you directly.

I would look online and find similar images and see what they are selling for as I'm sure you can find them very inexpensively which can be used to show the ridiculousness of their demands. I am including an example of a letter I sent to Getty images in which I demanded proof of their claims and offered what I considered to be a reasonable settlement for you to review.


Dear D. Bieker:

I am writing in response to your letter dated April 16, 2012. I believe that we are fundamentally disagreeing on this issue. I still wish to settle this matter amicably between us. You have sent me a letter alleging copyright infringement; I have sent you my information regarding the image. Before we can continue with further discussions I need the following information from you as you are presenting me with a Settlement Demand but no documentation supporting your claims or the amount requested.

1) I need to see verification that the image was filed with the U.S. Copyright Office

2) Verification that the copyright is either for the individual image or a group of images.

3) I need a copy of the signed contract, assignment or other documentation between Getty Images and the artist transferring copyright and giving you exclusive rights to the image as you have stated in your letter.

4) Sales history and records of this image and prices received for the image.

I have gone to your website and searched for images similar to the image in question and found you have literally hundreds available ranging in price from $10.00 to $25.00 for the size of the image. As I stated earlier I would like to settle this matter amicably, even though I still firmly believe that I do not owe Getty anything. As a good faith effort to attempt to resolve this matter I will offer Getty Images a total of $75.00,which is 3 times the amount charged for similar images. Also, in both of your letters you demand settlement within 14 days, I will not now nor will I ever be rushed into any decisions and will always take a reasonable amount of time necessary to research, consult and decide my actions before I respond to any letter. Whether you choose to accept my offer or not I do require that you provide all of the documentation requested providing proof of copyright, contract and sales history. No monies will be paid without full and complete documentation. You have it in your power to resolve this issue and get on with the work of protecting your client’s rights from those who are willfully and knowingly taking and using images. Again, thank you for taking the time to consider this matter and I hope you will accept my offer and then consider the issue closed as I do. I await your response.
 
Respectfully,
Gregory A. Troy
Owner Yeah, We Do That.



I have all of my correspondence between Getty and myself as well as complaints filed against Getty with several agencies available for viewing along with an outline of what I did to stop Getty from harassing me.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/an-experiment-against-getty/

Hope this helps and please keep us posted on what you decide to do as well as the status of your case and welcome to the wonderful world of copyright trolls.

943

Getty Images Letter Forum / Re: We are the latest victim of the Getty Image extortion scam

« on: November 29, 2012, 03:57:00 PM »

Welcome Jot, it sounds like you are off and running and have a plan. If you are looking to send your research information beyond the state level may I recommend sending it to be Congressional Research Service. This is a group within Congress that examines issues like this and this year they have already taken a look at patent trolls. Perhaps your information could get them interested in the copyright troll side as well.

I like to see when someone stands up for what they believe in and is not afraid to fight the trolls. Definitely please keep us posted as to your progress.

944

Getty Images Letter Forum / Re: An Experiment Against Getty

« on: November 25, 2012, 06:34:57 PM »

Okay, so the SEC in their last reply to my request for information regarding the backdating of stock options by Jonathan Klein in the top level managers at Getty images was denied. The lady informed me that they never release their reports as they are private, but then she says you can request the information through the freedom of information act and gave me a link on how to do it. I have drafted my letter and will be mailing it tomorrow requesting that the SEC provide me with all documents regarding their investigation to the backdating of stock options by Jonathan Klein and other top brass at Getty under the FOIA.

So we will wait for the results and I will let everyone know what I find. Here's a link to the letter if anyone is interested:

http://www.scribd.com/doc/114385651/SEC-FOIA-Request-Redacted

945

Legal Controversies Forum / The Oatmeal Is Being Sued Again This Time for Trademark Infringement

« on: November 21, 2012, 10:32:36 PM »

It was just a few short months ago that the oatmeal creator Matthew Inman had to deal with a lawsuit from the website funky junk and their attorney Charles Carreon in which even the EFF teamed up on the oatmeal side. You can read the original story here:

http://www.extortionletterinfo.com/forum/linda-ellis-lindas-lyrics-dash-poem-letters-forum/funky-junk-sends-out-extortion-letters/

Now someone else has the oatmeal in their crosshairs and this time it is for trademark infringement. Apparently Matthew Inman put his artwork on some greeting cards made from recycled paper and sold them through his website and apparently there is another company that has been in business for over 25 years called oatmeal studios that sells greeting cards on recycled paper and feel Matthew Inman is too close to their trademark and is now suing. You can read the story here:

http://arstechnica.com/tech-policy/2012/11/the-oatmeal-sued-over-trademark-by-oatmeal-studios/