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Messages - Little BigHorn

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Ms Burns has been with Ms Wright since 2011, and she is just another parasite bully. She reduced her demands by more than $4000 with me over an extended period. She cant practice in most states, which means she needs to refer to it to someone, and give up a big referral fee, so many in the jurisdiction she needs to litigate in have no interest with a small payout, insufficient week supporting facts, that would require expensive investigations that often yield insufficient facts for a conviction, and even a conviction then allows the judge to consider the totality of facts, the level and intent of the abuse, and then decide what if anything needs to levied against the defendant. A ton of expensive and time consuming efforts for the accusing attorney to prove what is typically an innocent act, with no intent to deprive anyone of anything. Even when its a registered copyright, many judges, with the numbers increasing daily, have said the fine should still be based on a consideration of the actual value and loss to the photographer, not some statutory amount that ignores the facts.  Check the federal district court where it would go, as some have made it very clear they aren't going to allow this BS in their court. Before I write a check, I will go to court and leave justice in the hands of the judge. I can live with their decision, I can't live with hers. In our jurisdiction, it is clear, as they have already come down on one attorney for using the fed courts for frivolous suits and he is looking at some punitive actions pending an appeal and generating supporting letters from other parasite CP trolls who work the area. Don't answer her, and just go to court when and if you get a subpoena - more a possibility than a probability if you did not profit and abuse the law (as per my opinion - not legal advice). They send out hundreds, if not thousands of these extortion letters, and if you answer you go into the pile that they will continue to pursue as your answer infers concern, remorse, etc...and someone who wants the invisible monkey off their back. There is no monkey on your back and nothing to negotiate until a motion is filed. There is justice in court, and no justice in the "Wright House". If you seriously abused someone elses rights, and profited on them, then that is a different story. But they don't care about that, they want to squeeze you. Most of these photographers sign a retainer looking for anything they can get from the atty, but also make it clear they don't want to travel and litigate over bullshit. Wrights website list those photographers that have litigated on these matters, so check and see if your Bozo is a litigator, or a non-litigating check acceptor. Don't talk to her, she will only use anything you say against you. She is not interested in justice, just squeezing money through fear and intimidation - my opinion, not legal advice, and opinion that is based on talking with many attorney's, including federal prosecutors and others who specialize in this field. All provided "opinion", not legal advice, but you decide what the difference is outside of a legal difference. I have, and that is what I am sharing with you - "educated and informed opinion".

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Legal Controversies Forum / Re: Copyright Trolls Everywhere!
« on: February 16, 2012, 01:59:21 AM »
Judge’s opinion: Mass p2p lawsuits are frivolous Posted: October 6, 2011 in Court documents, Defense, Victories :

http://fightcopyrighttrolls.com/2011/10/06/judge%E2%80%99s-opinion-mass-p2p-lawsuits-are-frivolous/


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Getty Images Letter Forum / Re: Settlement Offers
« on: February 05, 2012, 01:07:21 PM »
At this juncture, you have three options: (1) continue to ignore these overtures unless and until suit is filed (in which case you would need to respond to avoid default); (2) An IP attorney could respond to this attorney stating that they have been retained to represent you and have future communication handled through them (they would hate that); or (3) you could drag the matter out further volleying generic e-mails back and forth with this lawyer (essentially saying nothing) and see if she just gives up.  If the photo attorneys law firm is not based in the state where you live, then it’s highly unlikely that these attorneys are authorized to practice before the local federal courts so they would need to retain another law firm to act as “local counsel” in order to file suit. This will eat into their recovery.  Moreover, I am sure Mr. John Doe, the photographer, doesn’t want to come to your state to litigate this case, especially if he lives 10 hours away over 1 photo, removed before asked, and used for only a few months, etc...intentional profiteering scenarios don't apply here and you need to get punished for those.  My belief is that the photographer probably told the “photo attorney” I’ll take settlements (e.g., cash payments) but I don’t want to litigate. 

You can make a settlement offer, IE $500 to the demanding source if it is driving you crazy, and tell them they can either take the settlement, or you will apply it towards signing a retainer with a local IP attorney and then they could direct all future correspondences to your attorney. You could also advise them that attorney will be the same source to direct any inquiries regarding issues related to any future bankruptcy proceedings you may have and wish them a good day.

I would ask the photo attorney for the actual damages, which they most likely will not provide, and keep asking as without it you cannot make a reasonable settlement and the court are leaning, in innocent/ignorant scenarios where the photo has no relationship to your business, was removed long before you even received a letter demanding it be removed and it was only there a few months, with damages more in line with actual. I would think an offer of 3X the actual damages would be a good reasonable offer, if necessary. With the emergence of cyber fraud I would think that it would be reasonable to ask the photo attorney for a copy of the contract , notarized, showing that shows she in fact has the agency relationship she alleges. Otherwise, how do you know it's legitimate - its reasonable. As I have seen on this site, it is sort of like unintentionally rolling into the back of the car in front of you. The driver of that car says they own the car, but cannot provide a registration. You apologize and offer to pay for the damages out of your pocket and make a settlement. A few days later, the person who was driving that car says the damages are $5000. You are naturally shocked, as this was only a tiny ding and some scratched paint. You ask for a copy of the registration to verify it with their license to make sure it is their car. Otherwise she has no right to mediate a settlement, you also ask for a copy of the collision shop estimate that she says she has. She refuses to provide any of this information. Do you write a check? I wouldn't. If you go to court and she asks for "reasonable" attorney fees, had she provided the information you asked for, which was reasonable and a necessary step to mediate a settlement, there would have been no need for attorney fees. Thus, I would think those fees would be denied, since they weren't reasonable because she was unreasonable in the attempted settlement stages and incurred unreasonable attorney fees relative to the totality of circumstances

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Unless you are extremely knowledgeable in IP law (I have spoken to a 24+ year prosecutor who said I am too stupid to know enough about that subject - So how the heck should John Doe?), have deliberately abused copyright laws, and have made a ton of money doing so (in which case you have no ones sympathy here)....then you can always embrace "due process", go to court, and challenge some insane demand on the grounds that it violates your constitutional rights based on the totality of circumstances as it relates to the demand/requested damages (actual (if he should have been paid $25 for his photo authorization, is 5X that more than fair ($125) vs statutory (should this be, and or are the courts leaning in the direction that statutory damages are more intended as a punitive tool to profiteers) - is the demand a violation of the Eighth Amendment of the constitution - on the "innocent"/ignorant/no profit made/photo has a zero relationship to your business/etc.. scenarios, I sure as heck think so. All laws are based on the "spirit" of the statute. What is your opinion?

http://en.wikipedia.org/wiki/Eighth_Amendment_to_the_United_States_Constitution#Excessive_fines

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Getty Images Letter Forum / Carolyn Wright - Photo Attorney
« on: January 22, 2012, 12:31:28 AM »
Has anyone read this?: http://www.photoattorney.com/?p=3247

Is Carolyn Wright consenting that her legal authority is limited to Nevada in the bottom of this post?

Why doesn't the law require that all web based photos be "read only" files until rights are secured and the photos delivered securely, as a service to the majority who know little about IP law and assume that they are not profiting so what is the issue? Read only files would eliminate this. Leaving web-based photos that can be copied, borders on "abandoned property". If a photo is worth $9000 (this isn't a signed Ansel Adams), then why don't these photographers treat their photos as if they were? I would not leave a $9000 Rolex, outdoors, unprotected, and 2 feet onto posted property....and then when someone comes on the property and takes the watch litigate for theft. Read only photo files would be in the best interest of all sides. How one treats their property, infers their perceived value? If they aren't "trollers", then why do they "bait" the web, when they could market and protect with "read only" files?

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