Messages

1

Getty Images Letter Forum / Re: Unhappy New Year 2016 to Masterfile Defendants

« on: May 10, 2016, 10:25:27 AM »

If your business is insured, i.e. blog insurance, they will go after you hard. It's the insurance money they're after.

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Getty Images Letter Forum / Re: Copyright Extortion Crybabies

« on: December 10, 2015, 07:58:55 PM »

Waiting patiently for the stories. 

3

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: May 13, 2015, 10:04:49 PM »

Debating what my next step should be. I contacted Oscar's office months ago and never received a response, unfortunately. After calling them, I was told someone would be in touch, but when I never heard anything, I decided to let it go. The attorney I was working for told me to ignore it.

Oscar is very busy with cases, but keep trying to reach him. He will eventually get back to you.

4

ELI Responses: Media Coverage of Chan v. Ellis Case / Re: Georgia Supreme Court hands unanimous win to Matthew Chan & ELI

« on: May 13, 2015, 09:34:59 PM »

Matthew, congratulations to you and Oscar for this great win!

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Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: March 26, 2015, 05:43:32 PM »

Thank you Matthew for everything you do to keep the blog community safe from predators like copyright trolls.

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Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: March 19, 2015, 02:32:24 PM »

No problem, J. I also have information about another case that was filed against a publisher who is a friend of mine. The copyright case was filed by BWP Media in December 2014. The judge dismissed the case earlier this month for failure to serve notice of summons within the 120 days deadline. Below is the court's ruling on that case.

ORDER DISMISSING ACTION WITHOUT PREJUDICE for failure to serve defendant within 120 days by Judge Andre Birotte Jr. The Court finds no reason to exercise its discretion to grant Plaintiff a further discretionary extension that Plaintiff has not even requested. It is Plaintiff's duty to prosecute its case, not the Court's role to maintain the action in the hopes that Plaintiff may someday take interest in it. Plaintiff having failed to (1) serve Defendant within the mandatory 120-day period for service of process; (2) show any good cause for its failure to do so, or; (3) even request an additional discretionary extension without a showing of good cause, the Court DISMISSES the action WITHOUT PREJUDICE. Fed. R. Civ. Proc. 4(m). IT IS SO ORDERED. (Made JS-6. Case Terminated.)

This is what should have happened in my case after BWP/Sanders Law failed to serve me notice in 8 months. Apparently BWP Media files so many lawsuits that they can't keep track of who was served.

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Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: March 12, 2015, 11:29:11 PM »

I also saw Sandra Rose's impending lawsuit has made a bit of a splash in the new year.  Anybody have any helpful new info?

Thanks for asking.

BWP Media took too long to serve me after filing this case in Dec. 2013. So, after the deadline to serve me had already passed, the lawyer asked the court for an extension to serve me in August 2013. Unbelievably, the judge approved the extension. All this time I had no idea I was even being sued. BWP's attorney, Sanders Law, hired a local process server who didn't even attempt to find me even though he had my home address. He went straight to the secretary of state and served the desk clerk. Apparently, if you own a LLC in Georgia, it is legal to serve the secretary of state instead of serving me at my residence or place of business. Of course, the secretary of state didn't notify me that they received a summons for my company. So a year later, in January 2015, the judge ruled a default judgment against me for $57,000 and some change. I found out about the judgment from a California lawyer. The court didn't bother to mail me the judgment even though my address is listed on the secretary of state's website. Now my lawyer is listed on my LLC as my registered agent to received service of summons. My lawyer is preparing to file a motion to vacate on the grounds that I was not properly served and the deadline to serve me had already passed.

By the way, thank you to Matthew and Oscar Michelen for their EXCELLENT advice!

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Getty Images Letter Forum / Re: Sued by Cartoon Stock for One Image On Website - but variation of theirs

« on: March 12, 2015, 11:13:02 PM »

Good advice in this thread. Just ignore them, Roberta. In the future, when you get letters, don't respond. And don't click on any links in the emails. This is a version of the Nigerian scams. They are hoping you will pay to avoid a lawsuit that they don't intend to file because the expense isn't worth it for them.

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Getty Images Letter Forum / Re: This is OUR Oscar Michelen at his finest!

« on: March 12, 2015, 11:02:44 PM »

Oscar is a great guy. I don't know where he finds the energy to help so many! Thanks for the login, Matt!