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Getty Images Letter Forum / Re: Criticism to Pre-Announcement of "Beat the Getty Images Extortion Letter" Report
« on: February 27, 2012, 07:56:12 PM »
Great job again!
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Before I found your forum, right, wrong, or indifferent, this was my approach to www.nordicphotos.com extortion attempt, it could be FUN.
To Whom It May Concern:
This email is in reference to your letter to Our Company, LLC and your Customer File Number USA-509888 requesting that Our Company, LLC pay your company (www.nordicphotos.com) 1,250EUO for a photo shown on web site www.OurCompany,LLC.com.
The contention that you put forth in your letter was www.OurCompany,LLC.com had knowingly and willingly set out to use a copyrighted image that you claim you hold the copyright to and by doing so your company, www.nordicphotos.com has been harmed.
Never mind that I can purchase the photo on line for under 10.00EUO, never mind that Getty and PicScout has been depicted over the internet as companies that are propagating a scam on people that have innocently used an image without knowledge that it was copyrighted.
Now I understand that legally, you're well drafted and thought out form letter was a Cease and Desist demand letter, based on the premise that you actually are the rightful copyright holder of the image in question, which remains to be confirmed at this point in time. Because of the deliberate construction and planning that went into your letter writing campaign to collect money, it qualifies as a Scheme, due to fact that your letter relies heavily on our ignorance of due legal process and the inherent fear of legal conflict as a result of that ignorance, this letter could be considered by many, including a jury, to be legalized extortion.
First, please allow me to be perfectly clear, we do not acknowledge that you are the copyright holder of the image in question until you have proven that claim. We have however, taken down the image in question until you have proven you are the copyright holder, even though the image in question is not listed on your website. We do not acknowledge your contention that we have damaged your company in anyway or manner. We do not acknowledge your contention that we have knowingly and willingly violated any copyright law, in the U.S.A. or any other country.
Secondly, please allow me to be perfectly clear, any further correspondence from your company other than proof that you are the legal copyright holder of the image in question will be considered harassment and under our state statues can be considered "attempted theft by deception”. Please contact your company’s legal representative and have them contact me so that we can proceed.
You see, it would be a pleasure to have this dispute tried in a court of law in the Mountains of Missouri, which would be the jurisdiction for any legal action concerning this matter. Due to the handpicked few law suits that Getty and PicScout have filed but never followed through with taking the case to trial for a jury verdict, it would be our pleasure to be the first. You see in the mountains we have a simple way of life, in fact many consider us simple red necks, however, we are blessed with an almost unearthly ability to smell manure when we find it and to call it what it really is, I think a jury of mountain people could smell this for what it is.
It would be ironic for your big city legal team to come to the mountains and lose a legal action that set a precedent for your other cases. I am looking forward to corresponding with your company’s legal representative.
Respectfully,
EVNL - how many images in your case? and was that letter from Brandon Sand?
I think alot of times they just come up with a crazy number, so they have a little more wiggle room, in coming down..naturally in the hopes that the recipient will just roll over and pay the whole amount right out of the gate..
Getty's numbers seem to be more consistent, than some of these other stocjk photo companies, and if a "lawyer" sends the letter the amount are always higher...hmmmm I wonder why that would be??
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