Two new ones got listed in
http://dockets.justia.com. I haven't seen the actual complaints as I did with the other lawsuits but I suspect they will be cheap "cookie-cutter" complaints lead by
Scott Wilsdon of Yarsmuth Wilsdon PLLC.There might be more lawsuits coming that haven't been posted or listed.
Getty Images (US), Inc. v. Scott & Fenderson, P.A.Filed: January 21, 2014 as 8:2014cv00137
Plaintiff: Getty Images (US), Inc.
Defendant: Scott & Fenderson, P.A.
Cause Of Action: Copyright Infringement
Court: Eleventh Circuit > Florida > Florida Middle District Court
Type: Intellectual Property > Copyright
Getty Images (US), Inc. v. Skiltrek, LLCFiled: January 21, 2014 as 3:2014cv00080
Plaintiff: Getty Images (US), Inc.
Defendant: Skiltrek, LLC
Cause Of Action: Copyright Infringement
Court: Eleventh Circuit > Florida > Florida Middle District Court
Type: Intellectual Property > Copyrights
It appears that Getty Images Legal Dept. might have gotten budget approval from Jonathan Klein to move on this. Doing some basic math, I am guessing they are investing less than $1,000 on every case they file. Then, there might be another $500-$1,000 worth of lawyer's time to negotiate settlements. Essentially, I see "break-even" as being an average $2,500 per claim.
They may or may not make money but they want to send a message about single image infringements. And, of course, ELI reports on these things so they know we will get wind of it.
However, the minute someone files a COUNTER-SUIT, that could shoot their budget all to hell. In the counter-suit, someone would need to show that Getty Images is NOT using the court system in good faith. They are using the court system as their collection agency. The counter-suit would need to include photocopies of ALL the "cookie-cutter" complaints. When the court sees all these "cookie-cutter" complaints with
Scott Wilsdon's name, someone will take pause and a light-bulb will come on.
The delicate trick is if they will hit the wrong client who would go public and speak loudly. They would have the will and determination to file a counter-suit calling out Wilsdon's latest "strategy". They file too many lawsuits and then they have an RIAA situation on their hands.
My guess is that plaintiff lawsuits by Getty Images would have to get the approval of Jonathan Klein or someone high in management because of the visibility issue and the relative rarity of lawsuits Getty is involved in.
Further, this recent "strategy" was likely approved by Getty Images Legal Dept. Those inhouse attorneys bury themselves in the corporate infrastructure to hide their names and roles in this. They let the outside lawyers like Timmy and Scott take the arrows.
I haven't kept up with who constitutes the legal department with Getty Images. Last time I looked, many of the bios were people who have never been in the outside world. They hide behind their cushy little desks trying to figure out ways to
extort money generate revenues to justify their department's existence.
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