Here is the latest email from Mr. Riddick:
NOTE: First contact is always labeled "3rd Notice."
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Please be reminded that the most recent discounted settlement offer made to
you, and the other officers and directors of your company, by Imageline,
Inc. expires at 5:30 p.m. (EST) tomorrow afternoon (Friday July 16, 2010).
Any agreement we reach with you to settle these claims and release you and
your customers from copyright infringement liabilities will obviously be
contingent on our providing you with proof of our exclusive ownership in the
digital clipart illustrations and designs we found you to be infringing.
If you have already decided to reject our offer and prefer for Imageline to
turn this matter over to our outside litigation counsel, please identify the
names and contact information for each officer and director of your
organization, your registered agent, and a licensed attorney who will be
representing you in this serious matter.
Thank you.
Copyright Compliance Team
Imageline, Inc.
(804) 368-8731 - voice
(804) 368-8721 - fax
From: George Riddick [mailto:griddick@imageline2.com]
Sent: Sunday, July 11, 2010 2:36 PM
To: 'xxxxxxx@xxxxxx.com'
Cc: 'dnoble2006@comcast.com'; 'gpaine3@yahoo.com';
'copyrights@imageline2.com'
Subject: New Judicial Standards for Copyright Infringement - 3rd Notice
Dear Copyright Infringer,
Since we have not received any correspondence from you to the contrary, we
must assume that your use of Imageline's copyright-registered image(s) on
your website, as previously documented and sent you on numerous occasions,
constitutes serious copyright infringement.
While we do not agree with the two recent rulings (see below link) in
Minnesota and Massachusetts that significantly lowered well-reasoned jury
damage awards, we are aware that these rulings will establish rough
guidelines that other federal jurisdictions are likely to follow, or at
least take into consideration.
http://www.pcmag.com/article2/0,2817,2366296,00.asp As you know, Imageline is in the process of filing a federal lawsuit against
you and your organization. We have sent you specific documentation showing
you each of our copyright-registered clipart illustrations and designs you
have infringed. It is also our view that the unlawful display and
distribution of images, which are often copied and infringed again and again
downstream, causes substantially more marketplace damages than the sharing
of songs for personal use. Therefore, we expect for the infringement
damages award in our cases to be much higher than the two cases referenced
above.
While we believe we will be entitled to substantially more than the
$2,250.00 per independent infringement (3 times the minimum statutory award
of $750.00 per infringement), as well as additional DMCA Section 1202
damages and all attorneys fees, we are willing to accept the amount awarded
in these two highly publicized court cases if you decide to settle with
Imageline before July 16, 2010.
Please also remember that your customers, who downloaded or copied one of
copyright-registered images from your website, are also liable for copyright
infringement and could have additional damage claims against you if you do
not try to resolve this dispute amicably.
Once we turn these claims over to our litigation attorneys these settlement
amounts will go up sharply. As of today, this case has not yet been
assigned.
Please have your business owner(s) or your attorney contact me directly
prior the end of business on Friday July 16th if you would like to consider
this alternative to a federal copyright infringement lawsuit. If you need
another copy of the documented infringements , please let us know that
request immediately.
Imageline has been actively fighting digital piracy for over fifteen (15+)
years now, and we have a well-deserved reputation of never letting a known
infringement go unresolved.
Please contact me via e-mail and let us know which way wish for us to
proceed.
Thank you.
George P. Riddick, III
Chairman/CEO
Imageline, Inc.
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