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Messages - rock

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1
First THANK YOU to Matthew Chan, and to all the contributors on this site.
I received one of these letters about 5 years ago, and I decided to avoid them, no communication. My statue of Limitation has passed long time ago and nothing happened.

This a link to a small thread , in it "Mulligan" said: " if I had replied, it might have gone something like this:"
 http://www.extortionletterinfo.com/forum/getty-images-letter-forum/i-got-a-letter-today/msg17226/#msg17226



2
I have been fighting with Getty for 2 years with a lot of email back and forth.
For new  readers:do not engage Getty by email, not even one email, use regular mail. You may volunteer some information that put you at a higher risk of being sued, and that is what Getty hopes for.

3
Getty is defending THE LETTER. 
Isn't this lawsuit about Getty sending these letters without checking if an image is hotlinked before sending them?
Did they answer that?

4
Getty Images Letter Forum / Re: Need help! Mary Evans picture library
« on: September 04, 2014, 09:08:07 PM »
The address used is Getty's address?

Getty Images, Seattle
605 5th Ave South, Suite 400
Seattle, WA 98104

5
Matthew,

Is this an april fool day prank?

6
It looks like they are targeting corporations and not a mom, a dad, a single person, or a small business that is not incorporated.  I am not a lawyer, but after reading this forum, if you are incorporated, you must hire an attorney to represent you in court. A corporation, at the discovery stage, will ask Getty to provide all the documents to proof the claim. If  Getty has the right documents and proof, the corporation may choose to settle instead of continuing paying an attorney to represent them in the suit.

If you are a mom or a dad, you can go to court by yourself and  represent and defend yourself, no lawyer is needed, and if the infringement is unwillful they may get only $200. That's another game. Getty Images has been in the practice of inflating the image prices from $3-$50 /image  to $300-$500 /image (for the same image) just to ask for higher actual damages. The market price of the images is much below and the actual damages will be established accordingly.

7
FHL Logistics
- In or about June 2012, Getty Images identified a photographic image
- copyright Certificate of Registration VAu 967-849 dated December 18, 2007

X5 Studios
- June 2012, Getty Images identified a photographic image
- copyright Certificate of Registration VA 1-876-256 dated September 23, 2013
LATE REGISTRATION , asking for actual damages only , no lawyer fees ??

GESTALT VENTURES
- In or about July 2011, Getty Images identified a photographic image
- copyright Certificate of Registration VA 1-876-258 dated September 23, 2013)
LATE REGISTRATION, asking for actual damages only , no lawyer fees ??

8
Getty Images Letter Forum / Re: I got a letter today
« on: December 10, 2013, 12:20:48 AM »
Getty must proof that "Getty" own the rights to these pictures, (otherwise they have NO CASE)

When you ask Getty for the copyright registration info, signed contract by the photographer, etc....they will not provide any proof because in most of the cases they do not have it , or it was done in a sloppy way - that's why they can not provide it. Generally Getty’s employees will respond as they usually do and state they will only show this in court. They will say your case got "escalated". They will tell you, "Your case will be sent to Council". You may receive a letter from an outside collection council, or Timothy McCormack, or another collection attorney.  They will try to create fear.

Do not fall a prey to this, do not cower to their USUAL fear-based strategy.

These collection councils cannot sue you without Getty’s approval.  In 99.99% of these caes , Getty did not sue over a single image. In general, these collection lawyers do not have any proof that "Getty" own the rights to these pictures,  they do not know if they even have a legal CASE against you, they just use collection tactics. They will try to get some information from you, do not volunteer any, resist your urge to give details. The only SINGLE thing they have is just the screenshot, that's the ONLY thing they will say they can send you, (they do not have anything else!) and by itself this can NOT win a legal case.

Hopefully this will reduce your fear.



I thought everyone would enjoy commenting on McCormack Law Firm's "final warning" form letter, a copy of which I received not too long ago from one of my favorite extraction scheme trolls, paralegal Ashanti A. Taylor of Seattle, Washington.

Although I didn't reply to Ms. Taylor because I don't respond to form letters demanding $X,XXX, if I had replied, it might have gone something like this:

Achtung Fraulein Taylor!

You didn't make any attempts to resolve this claim because you refused to provide proof of your right to even discuss it when I requested that proof in my response to Timothy B. McCormack's initial form letter to me.

Ms. Taylor, though I know what a "settlement agreement" is, I don't know what a "comprise" is. Is a comprise something like a commode? Or perhaps a Seattle version of a bidet?

"Intermittent or non-existent" communications from moi?

Not so!

I communicated with you, Ms. Taylor, but you refused to provide the simple proof I requested, so I could see no point in wasting any more of my time with additional letters. I mean, honestly, trying to communicate with you, your copyright troll boss Timothy B. McCormack, or your "compliance officer" clones at Getty Images is akin to discussing the finer points of Shakespeare's 23rd sonnet with a Dempster Dumpster.

Ms. Taylor, you write: "Please consider this your final warning."

Oh my, Fraulein Taylor, with those bold-cased words you scared me so much I shit my pants.

Then you add, "There is still time to avoid escalation of your case."

OMG, I shit my pants a second time, this time from relief that there was still time!

And then... "We will recommend litigation to Getty Images."

Holy shit, I shit my pants a third time!

This is a record for shitting my pants.

But all shit aside, Ms. Taylor, it was only a few short months ago when Getty Images was threatening to escalate my case to a lawyer for litigation. And now the law firm that the case was escalated to is threatening to escalate again by threatening litigation to the image company that hired the lawyer that I thought was going to escalate by litigating.

Whoa, I just shit my pants a fourth time because I'm so confused as to WTF is going on here.

Missus Taylor, the three legal cases you cited on page two of your "last chance" form letter did NOT cause me to shit my pants a fifth time because the cases are irrelevant to the issue at hand.

Did you really think me stupid enough to empty my sphincter over three old legal cases, especially when you obviously whited out a fourth case that was once between the first and second case?

BTW, why is that case whited out, Ms. Taylor? I smell something seriously stinky here. Perhaps Timothy B. McCormack shit his pants because there was something about Case No. 2 that might cause him legal problems? Is that why Case No. 2 was removed from the form letter? Or maybe it had something to do with the X-Files? Perhaps an alien invader came into McCormack Law and extracted Case No. 2?

But I digress.

Ms. Taylor, I had to chuckle when I read your "final good faith effort to avoid litigation" paragraph. Though I certainly appreciated your offer of a payment plan, I have to admit that I shit my pants a fifth time when told it would cost me an "additional $300.00 administrative fee" to take advantage of that plan. Alas, I'll have to pass on your generous offer. So sorry!

Ms. Taylor, to address your next point, I admit to having no insurance whatsoever. I'm just a poor old man crawling his way toward retirement, living on a pittance, scratching out enough money some weeks to afford chicken necks for my one meal a day (when they're on sale) and living the rest of the time on cans of dog food that the local supermarket throws out when the expiration dates have passed.

I'd call you to discuss this matter further, Ms. Taylor, but, oh my, the phone company cut off my service many many months ago, just before the bank foreclosed on my house.

That was the first time I shit my pants in almost sixty years, I might add.

Sincerely yours,

Mulligan

P.S. It's terribly unprofessional for a law form to send out form letters threatening litigation and demanding thousands of dollars for thumbnail images without providing a shred of proof of a right to make such a demand. I guess that's why you and your boss Timothy B. McCormack are in such deep -- dare I say it? -- shit with the Washington State bar association?


 

9
Getty Images Letter Forum / Re: Got 3rd Getty Letter Now I'm Not Sure
« on: April 09, 2013, 03:08:26 PM »
What I would do, and is becoming popular in the UK to deal with time wasters, is to send a reply clearly stating your position, why you are sure no infringement was committed and state if you have to spend any more time dealing with this you will bill them at $50 per letter and $150 per hour for any research required in formulating a reply.

Should they then contact you again and you have to send a reply send it with an invoice. This then gives you exactly the same leverage that they are using with the exception (here at least) that your claim for money can be dealt with in a small claims court at minimal cost as your claim is not for copyright infringement.

I know some people who have done this (albeit not with copyright infringement claims) and got settlement.

Couch Potato, this is exactly what I did with my dealings with McCormack. Right after that I got notified that "Getty would no longer be pursuing this claim."

I would add that you should also instruct the attorney that is very important for them to share this information with their client. My understanding is that then they are required to report back to Getty that you will be billing for your time to research this claim.

You know, one of the things I did in my case is I told McCormack that I would begin tracking my time. I told them that if they continued to pursue this matter I would be forced to consult with my friend who is a high-priced attorney. I also told them I would be seeking remuneration for these expenses dealing with this issue and it was very important that they pass this information along to their client.

It wasn't long after that I got a call from McCormack's office telling me that Getty woul, "no longer be pursuing this issue."

11
DO NOT PANIC and CALM down, not everything they tell you is correct.
Oscar just won this case against Masterfile
Copyright Registration Method Held Invalid by California Court
http://www.extortionletterinfo.com/forum/getty-images-letter-forum/masterfile's-copyright-registration-method-held-invalid-by-california-court/

Enroll into Attorney Oscar Michelen’s Defense Letter Program.
http://www.extortionletterinfo.com/2012-update-expansion-of-attorney-oscar-michelens-defense-letter-program/
Masterfile Defense Letter Program: $250.00 USD

12
Getty Images Letter Forum / Re: Here we go! Got my letter!
« on: January 22, 2013, 10:50:39 PM »
check this link:   How to STOP Getty images settlement demand letters - Cease All Communication
 http://www.extortionletterinfo.com/forum/getty-images-letter-forum/how-to-stop-gettys-employees-harassment/msg10705/#msg10705

13
The irony is,  Getty always threaten litigation and will say  "per your request it was sent to  council ", and the collection attorney will threaten to escalate it and send it back to Getty, and "will recommend litigation", the same scare tactic will keep going back and forth for 3 years, and they will not provide any proof.

I will tell them,  you just have A CLAIM, you did not provide the information that I requested,  you did not provide any proof that you own the rights to these pictures,  "CEASE ALL COMMUNICATION".

[quote ]

"Dear Ms. Davis,
I have acted in good faith to resolve this matter. You have not satisfied the burden of proof for your claim and I will therefore consider this matter closed.
Any further contact will be deemed harassment and  I will refer this matter to my attorney if you do not cease and desist."
 
[/quote]


You know, one of the things I did in my case is I told McCormack that I would begin tracking my time. I told them that if they continued to pursue this matter I would be forced to consult with my friend who is a high-priced attorney. I also told them I would be seeking remuneration for these expenses dealing with this issue and it was very important that they pass this information along to their client.

It wasn't long after that I got a call from McCormack's office telling me that Getty woul, "no longer be pursuing this issue."

14
Getty Images Letter Forum / Complaint
« on: August 07, 2012, 11:23:24 PM »
-A request was made to getty, to gettys' employee, to all entities retained by Getty, to "CEASE ALL COMMUNICATION", if no proof was provided.
- Getty ignore the request, more demand letters are still sent.

Due to Getty failure to provide the requested information, and they did not cease all communication:
1-file a lawsuit for emotional distress in small claim court

I think the best way is to file a complaint to the Attorney General, as they can handle it properly.

 Do you think we should try small claim court?

15
when reviewing the complaints, they were all directed to the Washington AG

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