Messages

46

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: April 09, 2014, 01:57:09 PM »

I don't know every little detail.  I do know this is in Ohio though.  She said the papers were dropped off at her house and were very informal in appearance - no envelope, no staple, etc. 

Perhaps the person who attempted to serve her saw her through a window and decided it was safe to just leave the papers.  I read somewhere that you don't have to accept the papers to be officially served.  The source where I read that suggested that a person could technically identify you in the street, drop the papers at your feet, and run and you would officially be considered "served".

I read somewhere else that if all reasonable attempts fail, there is some type of notice you can put in a local newspaper that also counts even if you never read that paper.  I don't know how true any of this information is.

how can there be a default judgement is she was never served? doesn't make sense, she must have been properly served at some point in time.

47

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: April 09, 2014, 10:19:58 AM »

Here is a little update on my own situation.  I also have some new information from others.

It has now been several months since I mailed my letter to Sanders.  I have not heard anything by mail, email, or phone.  Even though I check here to keep up with others' cases every day, I've nearly forgotten my own.  I'm hoping it stays this way.  At some point I plant to make a version of the letter I sent available for others since it seems to have helped my situation.

I've been in touch with another letter recipient who somehow missed all attempts Sanders made to serve her.  She received a default judgement which she is now appealing.  Sanders attempted to push the new hearing date out into the future.  She opted to keep the original time.  It seems, as others have speculated, that a large part of their strategy is to make you sweat it out as long as possible.  Sanders probably thinks people will settle if they can make them worry long enough.  I don't spend enough time in the legal world to know if this is common practice, but it seems to me that they know they have a weak case.

48

Getty Images Letter Forum / Re: John Deboer Letter and Registration

« on: February 26, 2014, 11:51:24 AM »

But what kills me is that Getty has ZERO interest in contacting the site you obtained the image from or maybe even told you the image was free to use.

I completely agree, Jerry. 

To those who are a little more legally inclined, would there be any benefit, if any, in arguing to this point should it come to a lawsuit?  Once again, this is common man opinion, but it seems this could be an interesting partial defense.  If Getty could not answer why they are not chasing other sites that are sourcing these images then it seems they should have less right to pursue you.

49

Getty Images Letter Forum / Re: Chilling Effects: New Tool To Report C&D letters.

« on: February 21, 2014, 11:15:28 AM »

Lucia, this is great information.  I will log the DMCA I received.  I have contact with a number of other BWP/Sanders/Copyright Defense League recipients who are not members here despite my promotion.  I'll try to convince them to log theirs as well.

50

Getty Images Letter Forum / Re: A win for the little guy

« on: February 21, 2014, 11:13:34 AM »

I can't believe the "little guy" paid up twice before finally fighting back.  I didn't get a chance to read through the comments yesterday but I was happy to see discussion about this stuff on other sites than ELI.

51

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: February 20, 2014, 07:48:11 PM »

Here's another interesting one I was just reading:

http://www.courthousenews.com/2014/02/20/Celebrity%20Photos.pdf

Even though a default judgement was awarded against Blue Wolf Media, the court did not support damages greater than $750 per image.  That is hardly getting away with anything, but it is also much less than the $9,600 BWP was asking for the one image.

52

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: February 20, 2014, 10:27:36 AM »

lucia, thank you for taking the time to write such an in-depth response.  I always appreciate your insight. 

I also took note of the portion that said:

"For example, Defendant(s) have caused enabled, facilitated and materially
contributed to the infringement complained of herein by, providing the tools and instruction for
infringement via their Website(s) and have directly and indirectly promoted the infringement and
Case 1:14-cv-00147-LY Document 1 Filed 02/18/14 Page 5 of 8
refused to exercise their ability to stop the infringement made possible by their distribution"

I am curious to know how they define "providing tools and instruction for infringement via their website."  I can't help but wonder if BWP sees hotlinking itself as the tool for infringement.

Your analysis encourages me that I may be getting better at reading these documents.  You confirmed much of what I was thinking.

It looks like Ain't It Cool actually has refused to remove the images, which is pretty foolish of them. 

This document is also available and shows the evidence - http://ia700607.us.archive.org/0/items/gov.uscourts.txwd.675638/gov.uscourts.txwd.675638.1.4.pdf

The two items cited link to http://www.aintitcool.com/node/61430 and http://www.aintitcool.com/node/61281

The items are definitely stored on a sub-domain of Ain't It Cool. 

Perhaps the social sharing tools above and below the content of each post are what BWP considers to be the tools and instruction for encouraging infringement.  Do you know anything about tools like that?  Have they ever been found to be a means that facilitates infringement?  I think the final discussion points you made about the Perfect 10 case probably apply here.  However, since those points were never ruled upon in the Perfect 10 suit, I guess BWP would have to do some hard work of their own.

The other main thing that caught my attention in the Ain't It Cool document is this:

"20.
Additionally, on information and belief, De
fendant(s), with “red flag” knowledge
of the infringements, failed to promptly remove same. (
See 17 U.S.C. §5
12(c)(1)(A)(i))."

As I noted above, the images and pages are still available.  It seems like Ain't It Cool knows and refuses to remove the imagery.  Obviously these guys aren't a model case because it looks like they have done, and continue to do, some things wrong.

53

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: February 19, 2014, 09:59:19 PM »

I see that newer lawsuits are now showing in the places I check. 

I was reading through one of the documents in the Ain't It Cool suit - http://ia700607.us.archive.org/0/items/gov.uscourts.txwd.675638/gov.uscourts.txwd.675638.1.0.pdf

I don't know if I hadn't noticed before, but they refer to the Perfect 10 v Amazon case.  Isn't that actually less in favor of BWP?  It seems odd that it is mentioned.

54

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: February 13, 2014, 05:43:47 PM »

Things seem a little silent on the BWP front.  I haven't seen a new lawsuit filed by them in the last week and a half or two, at least. 

55

Getty Images Letter Forum / Re: Copyright Defense League Attempts to Squelch Settlement Agreement & Release

« on: February 10, 2014, 01:35:45 AM »

This topic is pretty old but I think I may have discovered something while doing my own research recently.  It seems there are some bogus blogs filled with nonsense that exist to catch searches for things related to Copyright Defense League and its owners.  What do you all make of these links (Do a search for the term "Copyright Defense League" on these pages when you get there):

http://copyrightdefenseleaguenews.com
http://castings4uauditions.com/
http://bull5voice.wordpress.com/tag/dan-b-levine-copyright-defense-league/
https://danblevinecopyrightsurfer.wordpress.com/tag/randy-taylor-copyright-defense-league/
http://levinedansurf.wordpress.com/tag/copyright-defense-league/
http://danblevinewhoishe.wordpress.com/tag/copyright-defense-league/
http://jkaslomki.wordpress.com/tag/copyright-defense-league/
http://levinebdannygolf.blog.co.uk/2013/06/12/three-birdies-16115357/
http://danblevine.com/tag/copyright-defense-league/

There may be more, but these are clogging up some of the results when I search within the last month or less.  Seems like it could be a tactic to distract people and keep them from landing here at pages like this.

Additionally, there are these odd directory type sites that I have never come across before:

http://searchdomainhere.com/Arts/
http://familydir.com/Arts
http://www.directoryanalytic.com/index.php?c=1
http://ecodir.net/Arts/
http://www.afunnydir.com/arts_humanities/
http://www.linkedin-directory.com/index.php?c=1
http://www.apeopledirectory.com/index.php?p=h

If this is what it seems like to me, it may be the most thorough search blocking attempt I have ever seen someone make.

56

Getty Images Letter Forum / Re: Calculator

« on: February 07, 2014, 04:59:04 PM »

I haven't been here too long but the calculator bit is new to me.  Would you mind sharing the link with us so we can see how they think?

57

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: February 07, 2014, 03:10:16 PM »

I just found a few articles and started reading.

I don't know too much about "doing business as" and everything that goes with that in relation to companies.  Is that similar to the way Righthaven went about things?  In the case of BWP, all the photos are registered to Pacific Coast News.  All of the threats go out saying BWP d/b/a Pacific Coast News.  It seemed like a non-issue to me when I read it.

58

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: February 07, 2014, 02:54:18 PM »

It looks like I have some reading up on Righthaven to do.  I'm going to check it out now, but if you know some important bullet points from the situation, would you mind sharing?

59

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: February 07, 2014, 02:36:17 PM »

I have looked it up.  The images are registered to copyright claimant Pacific Coast News.  There are two other names associated with it as well as Pacific Coast News (I believe these were the original photographers). 

BWP is doing business as Pacific Coast News.

I don't know much about transfer or the other names listed on the registration. 

60

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: February 07, 2014, 01:57:44 PM »

I'm actively following that case as well.  I've discussed a bit with some of the members there.  The thing that troubles me about that one is that Cary never responded to update on the progress of it, despite numerous requests.  I wish I could find out what had happened there, if anything.