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Messages - Dee

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1
Getty Images Letter Forum / Re: Heads up Destination360 possible issue
« on: September 22, 2015, 07:59:07 AM »
For some reason I missed the responses here.

"Still pushing your most popular post ever"
smh... more shitty accusations and sarcasm. Nice. Destination 360 sounds like a frickin amazing company.

"There's always two sides to a story."
Absolutely, so discuss it in a reasonable professional way. Your first communication to me was an email being an accusatory jerk. Your snarky responses are completely rude and unnecessary. Especially when D360 admittedly was wrong!
 
"I cannot comment on an old issue from 2010 or 2011. We have refined our systems since 2011 and have mostly purged istock licensed images from our website"
Look, you acknowledged there was an issue and it has been corrected so why couldn't you just say that and apologize without sarcasm and douchiness?  It was like our email conversation, you claimed you wanted to understand the issue and fix things so when I gave you the facts, you decided our conversations wasn't productive and didn't want to talk. It is obvious you weren't and still aren't interested in any conversation where you are wrong.

You said you resolved the issue and fixed your system. Had you just been like "sorry, our bad, it wont happen again.." I would have been like "cool, ok got it, apology accepted thanks for addressing my complaint and fixing the issue I will revise my blog."

I will update my blog saying I finally got a response and include your wonderfully professional emails and a link to this thread and let people decide for themselves what they think.

Seriously though....I don't get the tude, it just speaks volumes about your company and intentions.

BTW like others said, we are all for protecting IP rights. I am a content creator and photographer, people steal from me all the time. I get it.  But going after people who have done NOTHING wrong is not good.

2
Hawaiian Letters & Lawsuits Forum / Re: Vincent K Tylor Tuesday!
« on: May 12, 2014, 02:09:21 AM »
the lawyers here that run this site can help you.  Contact Matthew or Oscar.  They have helped expose this from day one when I contacted them when it first started and have helped a lot of people

3
Getty Images Letter Forum / Heads up Destination360 possible issue
« on: January 27, 2014, 02:22:24 PM »
Just wanted to post this as a heads up, if anyone else has had experiences with this company.

A couple of years ago, Destination360 took down the dedicated server for Hawaii Reporter due to an image they claimed was theirs.  This story goes into the details http://www.bosshi.com/website-not-safe-on-godaddy/

As you can see it turns out the image was in iStock image, not even theirs and it took us several days to deal with GoDaddy on the issue.  iStock did help us, they said it wasn't the first time this had happened.  We had tried to reach out to D360 at that time for help and no one every responded.  They did respond to iStock claiming that it was a mistake, they did them in bulk and they were correcting the issue.

Since I wrote that post, I was contacted by several others sharing their similar stories which is also found online now.

Fast forward to recently, a new client of mine calls me in a panic to remove some images because they got a letter from Destination360, (it seems now they are going to the getty image letter model, making threats then asking for settlement fees.) Of course I looked and both images were iStock images.

So I tweeted about it.  I get an email from someone there asking me what my issue was.  He then goes to say "if you are just doing this to get traffic to your site, I understand" and he lists 5 urls where I wrote scam alert posts. 

Anyway we go back and forth where he argues with me, tells me that yes they are now asking for settlement fees but are 100% sure they D360 images.  He makes some more passive aggressive comments as if I didn't really have clients who received letters, he still felt I had some agenda I am not sure what.  Since my client didn't give me permission to share the issue with them, I didn't want to forward the letters so I just gave him the images.  He is looking into it now.

On their website they have a page up where they talk about how you can license their images and how they are now asking for settlement fees on infringers. Notice the image on the page? It is a shutterstock image.  http://www.destination360.com/stock-image-licensing

While they have their own images (they say they get them directly from photographers) and in some cases use stock images, it seems to me that most of their images are stock and they don't seem to know the difference or  have a reliable system.  At first they gained nothing by taking down people's sites but now that they have started charging for licenses or settlement fees, they do benefit.  I am still not sure if this is just poor management or they are up to something.  I suppose we will know based on how they handle it. 

I am surprised iStock hasn't cracked down on them for hassling their customers.  I wish they would so these guys would stop this.  When they took down Hawaii Reporter, it cost them significantly.

4
Hawaiian Letters & Lawsuits Forum / Re: Vincent K Tylor has a nice payday
« on: November 27, 2013, 10:55:37 AM »
I would love to know who that was.  I have been working on a story with a local reporter, we were waiting for more people to step up and speak.  I do my best to warn people out here.  We need press and I need people who actually paid to share their stories.  Maybe you can ask them if they would contact me?  The story would go in HawaiiReporter.com

I saw VKT the other day driving.  Yuck.

5
Hawaiian Letters & Lawsuits Forum / More Vincent K Tylor seeding?
« on: August 13, 2012, 03:42:10 AM »
I just saw this come up high in the search for his name.  This could be anyone obviousy, it just seems strange to me that this just popped up.  Could be doing 2 things, trying to create content to bury the bad search results and also give more photos for people to take.

http://a6508.wordpress.com/2012/02/25/vincent-k-tylor/

6
I posted some emails here between myself and VKT that are contrary to what he is saying here.

1- VKT said he was going after everyone who used his image, even if its a student blog. 
2- He also admitted that he knew the company he was supplying his images to were using them for wall paper and admitted that he continues to supply his images to them.  Why would he do this if he is trying to stop the sharing??
3 - I asked him why he didn't do a better job protecting his images online, as a webmaster I gave him a list of things he could do.  He told me he was in the process of doing those things, but to date nothing has changed.  He also told me that making his images smaller would hurt sales, as people like to see them big and he shouldn't have to make them smaller, people should stop stealing.
4 - He admitted going after Dollar Rent a car for 5 figures for a full page ad and I know some other figures he has pursued.  In some cases the use is the same, but the price varies from $3000 to $30,000?  The only difference is who used it.  He changes the price, not how the image was used, but who is using it (how much money they have) If he was fairly recovering, he would have a consistent price structure based on usage.
5 - I gave his attorney 5 sites located in the US that were the major sources of his images and I believe I even gave him the hosts information.  These images were never removed.  It is very easy to do takedowns in the US.  TOO easy.  In fact people can take your site down just by claiming you infringed, with no proof even.  Godaddy doesn't even verify, they just suspend the server. 
6 - Lanikai Girl, one of the more popular images being used,  is still showing top in the searches.  Google will take the images out of the searches if you file that it is infringing, even if you can't get it off the source.  I have done this.  It takes a few weeks.  This image still remains in top position.

As much time has passed, they have had more than enough time to make a difference if they were in fact, trying to stop the downloading.  I don't buy it for these reasons. 

BTW, I contacted one of the sites carrying his images which is located in the US. The site owner told me he only puts up images that are given to him by the owners with permission, otherwise, his site would be taken down all the time.  I asked him if he could provide us with some kind of information on the source of VKTs pictures. I showed him this forum and explained the issue, that we are trying to research if the images are being seeded.  The site owner understood and said he is checking with his attorney to see if he can share this information.  He has some kind of form they fill out and attaches images to, and he tracks IPS and does a confirmation.  (not sure if this is something in writing or not).  Anyway, I am hoping he will provide us with the information because obviously if it shows the images came from VKT then it proves the claims.  And if it didn't then he knows to take the image down, and fix his system.


7
Less than $1000?  That is the smallest amount I have heard to date.  Perhaps they are realizing the amounts they were asking were too high and making people look into it first rather than an amount they would be more likely to just pay. 

You need to read all the posts here, there is a ton of information from all the people who have been dealing with this.  I also encourage you to share your story with malia@hawaiireporter.com who is working on a story about it. 

8
Hawaiian Letters & Lawsuits Forum / Re: HAN/VKT question
« on: May 09, 2012, 02:08:34 AM »
Yes I agree. I am equally frustrated with some of them. I sent out a warning to a list serve of businesses and got many people emailing me with their stories asking for help.  I told them the situation and I gave them all kinds of information which included your information and encouraged them all to come here and read up then donate for advice and help.  I don't think one followed my advice, when I followed up they all ended up paying except one who wont and is prepared to go to court.  Now that they see all this court stuff, they are upset and want to recoup. 

I agree they deserve it however, I was more thinking along the lines of what kind of trouble VKT and the others can get into.  It annoys me that he is getting money for this and if they find him guilty of this, I want to know that they are going to be punished and hopefully have to repay the money.  That would be the best way to punish the guy.  It seems to me that if a judge sees all the evidence and is told about all the money he has collected, that he would be ordered to give it all back.

Interesting that last week, I managed to intercept an ad before it was published online that had one of his images.  I asked the graphic artists where they got it, and she showed me the site where it clearly offered it free.  It was a non profit event for children, but still, had he seen that I am quite sure he would have sued them.  I am so glad I caught it as they can't afford that.

I just read that whole forum where he wants to sue a painter for painting his photo and selling it.  Wow really?  I mean, it is just weird to me that he is working with an art network, as an artist and he would be so petty.  Be flattered someone was inspired by your image and support artists who really don't make all that much anyway.  Not all of them figured out an angle to make money like he did.  Then to see he is a Jehovas Witness, really confuses me even more.  I have friends who are Jehovas, and they don't behave that way.  Actually in Hawaii, you don't run around suing people like that either. 

And like someone said, he has not gotten the word out, there are so many things he could do to discourage people from taking images from these sites, including posting information on his own site about it.  It isn't that hard, I have been warning people about this and found multiple people who images that were not licenses on their sites and  helped them remove them and showed them where to go for legal images.

9
OH good, Judge Leslie Kobayashi is hearing these cases.  She is a very good judge, very fair but tough and wont take any BS.

10
Hawaiian Letters & Lawsuits Forum / HAN/VKT question
« on: May 08, 2012, 10:27:13 PM »
I might have asked this before but don't recall getting an answer so sorry if I repeat this.

Those who I know that have already paid after getting the demand letters are wondering that if the courts rule against HAN and VKT that this is entrapment/extortion, can they sue to get the money they paid back?  I am assuming they have some kind of case at that point?  I know a few people who have paid a lot already and are really upset to learn about all this.

11
Hawaiian Letters & Lawsuits Forum / Status of VKT and HAN cases
« on: March 24, 2012, 12:55:59 AM »
I am trying to read through all these legal docs but I am not an attorney and its confusing.
Can someone sum up where this is.  From what I can see Aloha Plastic Surgery forgot to file an answer but then finally did, and now plaintiff is moving to strike it?  Did they lose or is this still open?

The other 2 appear to be fighting still?  Are they trying to show the entrapment? 

SO if a judge finds that this is entrapment/extortion, what happens to all the people who have settled already?  They can turn around and now sue him for their money back right?  He should be pretty concerned right now.   Probably thought he had a nice little scheme going and now that its being exposed and realized he has now opened himself up to lose everything if he is sued.

So the law now basically says you can take one picture and then collect unlimited times.  Something that costs $1000 has the potential now to be worth millions?  I get that people need to protect their copyrights, but without some kind of limit or monitoring, this is going to get worse and worse as more crooks realize what a lucrative opportunity this is.  It seems the best way to combat this is to change the law and make sure that before someone can collect for infringement, they have to show that they have made reasonable attempts to protect their images and remove them from distributing sources.  Does this not exist??  Because if it did, VAK could not have collected a dime.


12
I have loaded email messages between Vincent and myself so you can review. The link and points are below.

Also, I was contacted by a reporter who is working on a story about this in Hawaii so it looks like its going to get some attention in the media.  If anyone can direct me to some good posts that sum up things, and have good facts and links for her that would be great.  There is so much here its hard to weed through.  OR if someone has a chain of events or summary type document that would be great.  Also if you have any suggestions or points you want her to cover, please post it here!

EMAILS from Vincent:  http://www.scribd.com/doc/82766750

Note in this chain, that he mentions several times that they have attempted to remove things, and that he was making changes to his own site to make it more safe.  It does not look like anything has changed since all this which was 8 months ago.  All the same sites are up and he has not changed his website.

Note he also admits giving his image and still providing images to a site that he knows distributes his images as wallpaper images. 

Note he mentions how much his stuff costs and that if my clients have rentals in Kailua that they can afford to PAY UP.

Note when I asked why they weren't going after the sites distributing both he and his lawyer told me there were too many and they were trying but not succeeding because they are all out of country.  A simple search revealed that is not true.  Here are the main Sites I found distributing the image and some in the US and have clear policies and guidelines.  I spoke to 2 of these websites who told me that they will remove any image that someone sends over a copyright complaint on.  They were also the ones who told me that many of the images they receive come from the photographers.

http://wallpaperslot.com/wallpaper15432.search.php (contains very large file sizes)
http://wallpapersweb.com/terms.php (this is one that claims its getting it from public use)
This one claims it gets it from the owner and strictly adheres to DMCA:  http://www.scenicreflections.com/index.php?view=DMCA_Notice
This one interestingly enough claims they hold the copyright for all content on the site and will give permission for commerical use:  http://www.desktopnexus.com/tos  /  http://www.desktopnexus.com/dmca

WONDERING, if it comes out that this group really did set all this up.  What happens to all the people who already were sued or paid?  Do they file a class action?  Counter sue?  Is it possible to get their money back or is the decision final?

13
Getty Images Letter Forum / Re: an interesting comment on one of the posts
« on: February 25, 2012, 03:55:48 AM »
I am the person Robert referred to in that post. I had started to hear several people discussing these letters including 2 of my clients, and it seemed strange so I contacted Vincent trying to see what kind of guy this was.  Needless to say the emails I got from him were what made me SUSPICIOUS and the more I looked into it the more I realized something wasn't right.  And it uncovered what I realized, was a genius opportunity to make money. 

I have loaded the email messages between Vincent and myself so you can review here: http://www.scribd.com/doc/82766750

Note in this chain, that he mentions several times that they have attempted to remove things, and that he was making changes to his own site to make it more safe.  Nothing has changed since all this which was 8 months ago.  All the same sites are up and he has not changed his website.

Note he also admits giving his image and still providing images to a site that he knows distributes his images as wallpaper images. 

Note he mentions how much his stuff costs and that if my clients have rentals in Kailua that they can afford to PAY UP.

Note when I asked why they weren't going after the sites distributing both he and his lawyer told me there were too many and they were trying but not succeeding because they are all out of country.  A simple search revealed that is not true.  Here are the main Sites I found distributing the image and some in the US and have clear policies and guidelines.  I spoke to 2 of these websites who told me that they will remove any image that someone sends over a copyright complaint on.  They were also the ones who told me that many of the images they receive come from the photographers.

http://wallpaperslot.com/wallpaper15432.search.php (contains very large file sizes)
http://wallpapersweb.com/terms.php (this is one that claims its getting it from public use)
This one claims it gets it from the owner and strictly adheres to DMCA:  http://www.scenicreflections.com/index.php?view=DMCA_Notice
This one interestingly enough claims they hold the copyright for all content on the site and will give permission for commerical use:  http://www.desktopnexus.com/tos  /  http://www.desktopnexus.com/dmca

Lets say they didn't intentionally distribute.  Any reasonable person who realizes that they lost control of their images because of their own actions, would feel bad going after the people who used them off of Royalty FREE sites.  Especially in this town.  I am a webdeveloper and a photographer here.  Its a small town,  this is a local photographer and these are local people.  You just don't do this kind of thing here.  In Hawaii, people are very respectful to eachother  and we work things out with our neighbors.  Its called the Aloha spirit.   BUT from what he said, and seeing that they do not appear to be taking any action on these US sites, it does not look like they are at all interested in stopping the infringing.  Why would he? 

Me and many of the businesses have boycotted using stock imagery of people we suspect are doing this.  There is another one here that we suspect, and as soon as I have more facts, I will post it.

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