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Messages - Moe Hacken

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16
Maybe some of those photographers will now spit out the Getty Kool-Aid and stop satanizing ELI and its partners in the fight against copyright trolling. Maybe they'll see we're not against their rights as copyright owners but against Getty's abuses as a "middleman" in the stock photography market.

Getty appears to be undergoing a typical private equity firm takeover process. They're now "trimming the fat" on the payroll and sticking their hands deeper into everyone's pockets — both providers and customers — in order to manipulate the bottom line and make the company look more viable on paper. The next move down the line will be another sale or an IPO.

The trick for them is to find a way to make it look like a viable business model and sell it before the whole thing really crumbles. Their moves to the microstock model betray their lack of faith on the long-term viability of the RM stock photography model.

One happy thought: This last firm that bought them may get stuck with a huge white elephant when the music stops and no one in their right mind will invest in this shell of an industrial dinosaur that Getty has become.

17
This is very fascinating information about the workings of these strategic litigation sweatshops.

It's wise to get to know the enemy as well as possible. Perhaps some disgruntled employees will consider joining this forum and telling us more about the Kool-Aid they drink over there.

18
Nice work, Robert! That's a very fitting tribute.

19
Getty mentions "a wealth of misinformation" on the ELI site but fails to provide even one example.

Masterfile's Steve Pigeon states that “We’ve taken plenty of these claims to court, and the outcome has generally been favorable to us." This is a questionable statement that I would qualify as misinformation.

The article also fails to mention the questionable practice of sending bandwidth-hogging crawlers to troll for potential infringements.

I find it a tad biased towards the trolls, but I think it's good to put the problem out there on public forums to make people aware how rampant the practice of copyright trolling has become. It also exposes the fact that the stock image industry has monetized this practice, although it could be more explicit about this.

Kudos to Matt for his statements and for landing this interview. This is sure to catch a lot of eyeballs and raise a lot of eyebrows.

20
I missed the key post that jot had to take down, but it sounds like he may have caught PicScout crossing the fine line between data harvesting and illegal hacking. Can't wait to see what unfolds from this, and best of luck to jot.

Jot, tt really sounds like you've done a lot of homework on the legal and technical aspects of your case. Kudos!

21
I lean towards Jerry's and Greg's position. The graphic designer is the professional being hired to do the work and as such, they bear the onus of ensuring the work meets legal standards as well as other professional standards, such as requirements of the ADA.

The one thing I make clear to my clients is that I strongly recommend they proofread my work or hire someone to do it. While I always make the best effort to avoid spelling and grammatical errors, it is usually very difficult to catch one's own mistakes.

22
. . . that psycho and her stupid poem . . .

I just have to wonder if these idiots ever think about the legacy they will leave behind.  All the dirty laundry and behavior documented on the web and out there to see for generations to come.  What must it be like to be forever known as "that psycho and her stupid poem" ?

Well, one example is to search for the phrase "that psycho and her stupid poem" on Google. This same thread now ranks in the first page (2nd page in Google USA). This thread is only a couple of weeks old and it's already getting top rankings.

ELI certainly has a lot of SEO traction. I like to think it helps a lot more people than we could imagine. It's very easy to find ELI should anyone have the misfortune of having a troll knocking at their door.

23
Done. Shared it on Facebook. Will email friends and family. Nice work, Stinger!

24
Excellent work, Greg! Your diligence is paying off. That Getty closet just keeps giving skeletons at every turn!

Thanks for exposing their institutional chicanery. It appears to be ingrained in their corporate culture. I agree with April that this and many of your posts are worthy of being published by major outlets as a series of articles about the stock photo industry's dark underbelly.

You've got Getty NAILED, man!

25
Great find, Robert, and great follow up discussion by the rest of ELI.

The pink sailboat was one of the images involved in the HAN vs. Aloha lawsuit. It does appear Mr. Carner has chosen a more civilized strategy of kindly requesting a reasonable amount along with a polite cease-and-desist request. Perhaps that will do well for him if he gets a higher percentage of "compliance", enough to cover the PicScout bill and a small office in Honolulu (not cheap).

As for VKT, this latest shameful and shameless attempt smacks of sore-loser attitude. As Robert says, the guy still appears to think his 12-year-old tourist shots that you can get on any microstock for five bucks are worth 5 GRAND. The lawyer only needed to write the letter to prove he's an asshat, but as Matt reveals he takes it one step further and confirms it repeatedly in his own website.

I'd like to point out that VKT has not been inactive through the HAN vs. Aloha process. He has actually entered more registrations into the copyright office database, and it appears he's taken Oscar's advice as to the proper manner of registering a work.

I was curious about the choice of the image and I looked it up on Google images. I think he's targeting some potential infringements and cherry-picking the image that gives him the best possibility of covering his legal bases.

I actually think VKT has learned a lot from the Federal case and from reading ELI. Unfortunately, he's using the knowledge to enhance his abusive profit model instead of learning the moral and ethical lesson therein.

As Matt said, in the aftermath of what happened in HAN vs. Aloha, only a fool would roll over and pay more than fair market price ($5) for this very same image that they failed to "protect" with their abusive lawsuit.

This attempt isn't even a nice try. Tylor and Zerner should hang their heads in shame, but they appear to be immune to remorse.

26
I like what this group of people is doing and I like the diversity of opinion and approaches to solving problems that are shared.

I keep coming back to hear more about the ongoing works of members like Greg, who's virtually writing a book with his Getty experiment, and to learn more about the nuances of this complicated legal snafu we call "copyright law".

As a media professional, I find all of this to be required reading. What you don't know can hurt you, and ignorance of the law is a perfect example of this principle.

I also like the humor, of course. The crazy memes, S.G.'s excellent infographics, Robert's risque ruminations, etc.

I must note that I believe Oscar's response to Timmy's daring insult was both an excellent lesson in copyright law and the funniest humbling of an opponent I've read in a long time. All in good taste!

Thanks for the forum, Matt. It does all kinds of good things for all kinds of good people.

27
It's too bad we can't know the sordid details, but I'm very happy to read Matt's report that Dr. Pasquale is pleased with the settlement. That alone makes me happy.

I'd like to think that the good guys won, and that it was more than a pyrrhic victory.

28
Stinger, can't wait to read the petition! I'd like to suggest the requirement of a non-threatening cease-and-desist warning before any other action is taken. With so many orphan works and baitpaper sites out there, it would be one way to level the playing field.

29
I would sign it if it was crafted thoughtfully and made legal sense. Here's an initiative that I like and I think could apply to images and music as well as P2P file-sharing:

http://www.cnn.com/2012/10/18/tech/web/copyright-alert-system/index.html

This seems fair at first blush. If a person is warned and insists on infringing, I have no sympathy for them. YouTube does something similar with the music on video soundtracks. They even give you a fair chance to dispute the claim of infringement.

I actually received a "false positive" warning from YouTube on the music soundtrack of a video I put together for a local youth sports event. I put the music together using Apple Garage Band canned loops. This is expressly permitted by Apple, even for commercial work. Some outfit claimed a copyright on the music and named some kind of electronic dance jive as the work that was being infringed.

When I corrected them about the music, they backed off without any further ado. Maybe the electronic dance jive included some Garage Band loops. I couldn't sit through the whole thing to find out where there could have been a match.  ;D

30
Congratulations, Greg. Couldn't happen to a nicer, harder-working guy.

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