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Messages - Matthew Chan

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796
Getty Images Letter Forum / Re: Thank You
« on: September 13, 2014, 08:06:40 PM »

797
Last year, I had communications with Taylor Hinton, a co-owner of http://www.solidstockart.com.  They have specifically expressed to me how much they dislike the practices of traditional stock photo companies. They are a smaller operation but deserving of some business and support for those who really need images.  I can't speak to their prices and selection but I trust in the owner's intentions and I think he is a good guy.  Tell them that I sent you.

798
Without remarks to your other comments, I will comment on these  items.

IGNORING TROLLS is ENTIRELY LEGAL and LAWFUL actions.  Despite propaganda to the contrary, NO ONE is required to answer to the trolls. They can go pound sand if you choose it.  YOU don't go to jail for ignoring them.

You may face the minor possibility they will escalate the matter to lawsuit but it is perfectly acceptable to do so if you are willing to accept the risk.  Replying and NOT paying has its own set of risks.

Non-lawyers such as myself are able to speak out and endorse those ideas that lawyers could never publicly endorse.  They took an oath to conduct themselves in a lawyerly way.  The rest of us non-lawyers are not bound THEIR oath.

The thing I care about is people make INFORMED decisions and weight the pros and cons for THEMSELVES and what is good for THEIR OWN situations, and whether or not they can live with such decisions.

Otherwise, the troll lawyers can just shove it up their tailpipes.  Never be low-hanging fruit!  I don't buy into all their BS arguments.

Unless they provide you all of the information (they may provide you part of it, but not all), simply ignore such threats. If such a troll happens to be an attorney, research about their respective bar association license number and file the complaint with the bar's administration. You can also file the complaint in the respective State's Attorney General's office and FTC as well. Trollish attorneys are usually relentless and use all kinds of legal jargon to prove you as some sort of a criminal in their letters by assuming you are guilty of a deliberate and a willful violation of their client's copyright or license.

I used to hate the "IGNORE" word. But today, I love it. It pisses the hell out of copyright trolls who are so desperate for our money and attention. There should be a provision to "criminalize" such an abuse of copyright law by trollish organizations, individuals and attorneys.  Let's rally our own Congressmen and Congresswomen to introduce such "Anti-Bullying" and "Anti-Trollish" provisions to the copyright law.

799
Ask and you shall receive courtesy of PACER...

Getty Images v. Microsoft Complaint:

http://www.scribd.com/doc/239660270/Getty-Images-v-Microsoft-Lawsuit-Complaint

Can someone please post a link to the complaint?

800
Joel,

Thanks for engaging the ELI Community and sharing what what you have.

The average intelligence of our regular ELI readers are quite high and they will happily devour any advanced insights you might have. They are also very helpful.

I invite you to ask from the ELI Community specific information you would like to see submitted to you so people have the option to help provide evidence in your case. You might be surprised at what you get.


801
Getty Images Letter Forum / Re: Fair Use Question
« on: September 13, 2014, 07:31:55 PM »
I'd like to add that Joel Rothman (his law firm actually) is an active plaintiff in their case against Getty Images. I believe Joel is actively seeking relevant information in support of his case and accusations against Getty. (I happen to be in alignment with Joel that Getty is reckless with their operation.  Getty uses amateur $15/hour clerks who take many of the bullets for their cowardly internal lawyers who make around $100K-$150K/year in their cushy little gig and stay silent and in the background.)

If Joel is openly asking for information, I would be inclined to support his efforts and email him what you have.


802
If you get a lawsuit filed against you, Oscar Michelen's Defense Letter Program is no longer applicable. If you are risk averse and don't like the idea of the potential exposure, the time to do is BEFORE a lawsuit is filed.

As I have said repeatedly, with some notable exceptions, the chance of a lawsuit is low. However, there are people who still aren't comfortable with that "low" chance in which case, spending the money might be worthwhile.

I guess my next question is ... what happens if they actually do sue me?  Should I drop the $200 for a letter from you guys? I mean, I'd much rather pay you than settle with these clowns but if shit hits the fan, then what?

803
I think it is safe to say that Oscar has support from many people beyond the ELI Community. I wonder what kind of backroom shenanigans they might try to pull with so many eyes on the case.

804
There has been a significant docket update:

http://www.scribd.com/doc/239559043/Schneider-Rothman-v-Getty-Images-Docket

Schneider Rothman IP Law Group has filed a Motion to Appear Pro Hac Vice for our very own Oscar Michelen to join them in this high profile case.

http://www.scribd.com/doc/239558480/Schneider-Rothman-v-Getty-Images-Motion-to-Appear-Pro-Hac-Vice-for-Oscar-Michelen

We assume that Oscar's appearance will likely be approved next week. If and when that happens, it is going to get way more interesting for the rest of us here at ELI!  It is going to be time to break out the soda and popcorn and find a front-row seat.  There is no question that I will be following this docket closely in light of this recent motion.

The folks at Schneider Rothman are no dummies and this move is no accident. This move is quite brilliant and was unexpected even for me. Thinking they were their own law firm, I thought Schneider Rothman would soldier on alone but I was apparently wrong.  Schneider Rothman deliberately chose the legal arch-nemesis of Getty Images as their co-counsel. If there is anyone that can legally break open the secrets of the Getty copyright enforcement operations vault, it will be Oscar.  I foresee a formidable team effort between the joint efforts and Schneider Rothman and Oscar Michelen.

However, I also foresee that Oscar's admission will galvanize Getty Images in a way that few can which might provide a stiff challenge to the Schneider Rothman legal team. This could get expensive for them. We do not yet know who will represent Getty Images.  My first guess is it will be $500/hour Scottie "Towels" Wilsdon of Yarmuth Wilsdon. If so, this could get very expensive for Getty Images to Scottie's glee and delight. It would not surprise me if Scottie Wilsdon (or any other lawyer who works this case on behalf of Getty Images) uses this as a pretext to try and milk some billable hours out of Getty Images. (Maybe he should contact Timmy McCormack for some of his legal "help".)

There are bound to be a few people within Getty Images who will NOT like this development.  This is going to be another unhappy weekend for the enemies of ELI. 

Last weekend, I announced that EFF & legal scholars Eugene Volokh and Aaron H. Caplan joined me in supporting my position to overturn the obnoxious, overbearing, and overbroad protective order issued against me.

http://www.extortionletterinfo.com/forum/eli-responses-to-media-coverage-of-matthew-chan-ppo/legal-scholars-eugene-volokh-aaron-h-caplan-support-eli-with-eff-amicus-brief/

I must say after weeks of silence, it was a delicious moment to savor.

I foresee press coverage in the Schneider Rothman vs. Getty Images case stepping up in the weeks and months to come.

805
In my view, I would remove all the images and start over. And start weaning yourself off images.  I spend my time either using my own photos, creating my own clipart, or get them off the U.S. government websites when I can.  I am not interested in feeding the sleazy stock photo industry and perfectly fine with starving them out. 

It isn't worth the hassles.

(Hey, Timmy McCormack should screenshot this reply. I openly tell people just get rid of all the honeypot images so that all of them can be starved out and find another line of work.)

806
IF you don't reveal the extortionist, we won't be able to tell you what they will or won't do.

Or you can go check for yourself at dockets.justia.com. It goes back 7 years or so.

807
Lettered,

Good to see you around. I haven't heard from you in a while.

That was a good catch. I forgot to list that one. I have compiled a listing of all the media, press, blog coverage here:

http://defiantly.net/media-press-coverage-of-chan-v-ellis-appeal/

Not sure I understood some of the points being made, but here is an article about Matt's appeal:
http://restrainingorderabuse.com/2014/07/23/a-case-of-restraining-order-excess-thats-headed-to-the-georgia-supreme-court/
apologies if its already been posted here.

808
Announcements / Re: The LE/LL/DP Forum has been taken down!
« on: September 06, 2014, 08:53:56 PM »
Robert, it turns out your prediction from last year came true!

The legal team and legal advisors on my side going into the home stretch include:

* Oscar Michelen
* Bill McKenney
* Eugene Volokh
* Aaron H. Caplan
* Darren Summerville
* Leighton Moore
* The Electronic Frontier Foundation

Not a bad legal team at all for a guy who started out all by himself.

809
Announcements / Re: Announcement: ELI website sold to new owner
« on: September 06, 2014, 08:48:00 PM »
This was only an extended April Fools' Joke against my enemies who so badly want me to leave or shut down ELI.  ;D

810
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