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« on: August 25, 2011, 08:24:59 PM »
I actually agree with Nemen Night. If Oscar wrote to the AG, it would make an impact. Sending a letter costs no money.
There are certain ways to go about certain things even if they seem difficult at first. If your opponent is too strong, you first weaken him, if he is still too strong, you weaken him further. Once the opponent is weak enough and bleeding, you take him down. Before the opponent realizes what is happening, there is no return. It is possible to weaken your opponent without him being able to defend itself and prevent your attack. It is possible to attack without the opponent seeing the attacker and being able to stop it. This is done by anonymous complaints to various places that are in position to hurt the attacker. It is the case where "The pen is mightier than a sword".
In the case of the Stock Image industry, you attack the weaknesses of either Getty or Masterfile. Some of the Stock image companies have been already attacked and some have lost the fight. Recent court cases lost. This weakens the strength of the entire industry as people find faults in their ways of doing business and securing the intellectual property.
The largest ones are Getty and Masterfile. Masterfile being a Canadian company and having business model poorly diversified is a better candidate to attack first. You weaken the company strength in multiple ways. Several important blows to their business are already happening. 1) They are destroying their own reputation by their letters with crazy demands. 2) Letter recipients don't sit quiet, they talk about this in various discussion forums on the internet including this site. They are exchanging ideas, potential striking points as legal flaws in their acts. Many lawyers are looking at this too. (3) Many people are probably writing their complaint letters to the Attorney General. The longer it continues, the more (1), (2) and (3) will grow.
Even a small illegal act done by Masterfile, or Getty gives a reason for the Attorney General to begin investigating the company. Such investigation would give a huge initial blow to those companies. This would make your opponent bleed. Any sanctions imposed on those companies and their lawyers would bring media coverage. This would make your opponent bleed more.
The legal defense lawyers and many class action attorneys would be looking at it intensely as a potential opportunity. Bleeding Masterfile would not be able to fend itself from all the sharks smelling their blood. Lawsuits would be pouring. Perhaps class lawsuits. You will be hearing commercials on TV: "If you have received a settlement demand letter from companies such as: Masterfile, Getty Images, Alaska Images, PhotoAttorney etc.. you may be eligible for compensation. Please call 1-800-JUSTICE".
It seems to me that the harm that these companies do namely Getty, Masterfile and others is far greater than the importance to enforce their copyright or protect some photographer hobby business. There are many small businesses targeted. Instead of spending their money and time on growing their business and provide employment, they are busy fighting with Stock Image companies. This is actually ridiculous. We are in a recession and in a depression for many. This does not help definitely. I think writing to President Obama and Nancy Pelosi would help. USA needs small business and entrepreneurs. The last think the country needs now is some disease in the form of ridiculous lawsuit threats by some overzealous lawyers and picture companies especially foreign. When will our government finally wake up? If they want to increase tax revenues, they must have laws in the books to protect their businesses. These issues just give another reason for small companies to incorporate offshore.
The way I think it will all eventually play out is both Masterfile and Getty will get sanctioned or sued. What they do now will not continue much longer and it is inevitable that something will happen to limit what they do. It is very possible that nearly all of Masterfile earnings come from the demand letters. (This is one of the reasons that they are an excellent target to begin with) Once they get sanctioned, they may no longer be able to fund their company operations. Getty will survive because their business is diversified, but their future infringement letters will contain cease and desist notice without payment demands, or the payment demands will reflect the true market value for their images and not some crazy $30K demands. If someone does not comply with taking the image off their website within a few days, then they will be allowed to file a lawsuit. I think we will see that happen in the next 1-2 years. Maybe sooner.
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