Topics

1

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.

2

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/

3

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.

4

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.

5

Hawaiian Letters & Lawsuits Forum / Reporter to do story about HAN / Vincent K Tylor (link to emails from Vincent)

« on: February 25, 2012, 04:09:15 AM »

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?