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Messages - JLorimer

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61
Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA
« on: February 07, 2014, 12:43:42 PM »
Thanks, Scraggy.  I had read these articles early on when I first got my letter and forgotten about them. 

I checked out the list of registered DMCA agents and Goodreads is definitely registered.  It seems BWP has absolutely no case and should have known it from the start. 

How do you think this information plays into what I posted from this http://dockets.justia.com/docket/california/cacdce/2:2013cv04851/565945 the other day?

62
Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA
« on: February 06, 2014, 04:34:36 PM »
I have no desire to avoid should it come down to that.  I just find the whole process interesting and I'm trying to learn as much as I can.

63
Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA
« on: February 06, 2014, 11:56:26 AM »
I was reading about people who avoid being served yesterday as part of an unrelated incident.  It seemed that in the event a person avoided being served, there was a final option that allowed the person to be served without being directly served (sorry, I don't remember the exact terminology).  I would think Sanders would choose this option or else it could also send the message that if you are able to avoid being served long enough they will leave you alone.

64
Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA
« on: February 06, 2014, 10:39:48 AM »
That's very interesting.  That's actually what I was hoping it meant but I went with settled outside of court because I wasn't sure.  I know this is one case out of hundreds now - so it is hardly a trend or indicator - but would you think it means they realize they don't have much in the way of an actual legal case in these matters?  My inclination is to think they played the scare tactic game all the way to court for as long as possible and then had to give up when they knew it would cost more than it was worth/they would lose.

65
Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA
« on: February 05, 2014, 09:35:30 PM »
I've been trying to follow up on some of the other BWP/Sanders cases.  Can anybody decipher what happened here - http://dockets.justia.com/docket/california/cacdce/2:2013cv04851/565945 ?  Do these documents basically indicate that they settled out of court?  There is more than a slight learning curve for me with all this legal reading.

66
First of all, welcome to the forum.  As I am sure you have seen many times, take a moment and breathe.  You have time and options for dealing with this.

I don't believe your circumstance is special.  I am fairly certain I have read at least two or three other stories like yours here.

Even though web developers will often consider a file non-public if it is not linked from anywhere in html, there are still a few methods that it can be publicly revealed.  If you are able to open a browser, type in the URL they sent you in the screen shot, and be taken to an image without any type of limitation, then technically it is publicly available.  There is nothing stopping it from happening like password protection, encryption, etc.  Directories on a website can be, and often are, indexed even when there is nothing pointing to the contents within. 

For example, anything in the root directory of your site probably will not be indexed because you have an index.html, index.htm, index.php, default.html, etc.  However, let's say that you have a header graphic in a folder /images, that is something like /images/header.jpg.  You link to this and a robot scanning the site can see that you have linked to this.  So it removes the header.jpg and just visits /images because it now knows this directory exists and contains at least one thing.  At this point, if you have not instructed your web server to display an error for a directory that does not have a default when something visits it, your web server will often list out the contents of the directory instead - including sub folders and files.  See http://httpd.apache.org/docs/current/mod/mod_dir.html for a brief description of how the Apache web server handles things.  You have likely run across these listings in your own browsing experiences in the past.  The links to the files and directories are clickable and work just like a normal website.  So even though you didn't link to the file anywhere in your html, your webserver probably still told the Getty robot about the image in one way or another. 

Your story is similar to others.  Keep reading to see how they have handled theirs.  A few discussions that may be relevant:

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/possible-reasons-for-class-action-suit-against-getty-in-the-usa/40/

http://www.extortionletterinfo.com/forum/mccormack-letter-forum/never-received-getty-letter-but-got-mccormack-email-help!/

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/received-letters-from-ceg/10/

67
What caught your attention about that one?  I don't know if I understand what is happening with it.

68
As Mulligan has said, don't rush to do anything.  These people do not move quickly, and they honestly don't know if you are either.  The observed date listed is often many months behind when they actually decided to contact you.  They will also take 6 - 8 weeks to respond to most things you send them via mail, if not longer.  They send out so many of these things that they simply could not process them quickly.

69
UK Getty Images Letter Forum / Re: Getty Screen Shot
« on: January 29, 2014, 09:27:38 AM »
I came here with the exact same kind of thinking when I first received my complaint.  I think the average person, especially one with some technical knowledge, lives in a world where this argument makes sense and the average person aims to be generally fair.  The problem is that you have now entered the world of those who seek astronomically unrealistic damages for minor offenses.  Their world is built around this sort of thing.  They litigate and manipulate the system so it works best to their advantage.

If you haven't already, read around the forums and educate yourself.  I highly recommend going to the youtube channel and watching ELI videos as well.  I think you'll find that screenshots generally aren't enough proof.  However, there are a lot of other things you probably want to get into since arguing against the legitimacy of a screenshot may not be enough. 

70
Getty Images Letter Forum / Re: Getty filed a lawsuit against me
« on: January 21, 2014, 07:15:15 AM »
How can they just email notification of a lawsuit?  I thought it had to be served in person to a verified address.  Is that not true?

71
Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA
« on: January 17, 2014, 03:22:40 PM »
The document they sent me has a discovery date that is a number of months ago.  I'm going to go with this date since they chose to send it to me.  Looks like I'm almost 1/3 of the way through this fight already.

72
Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA
« on: January 17, 2014, 10:45:09 AM »
The observed date on the letter I received is from several months ago.  Is that the date that will be used for the statute of limitations?  If so, I'm almost a year into my waiting period...

73
Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA
« on: January 15, 2014, 04:10:38 PM »
I fully agree, Greg.  No money will be leaving my pocket until sufficient proof is provided, whether I am right or wrong.

74
Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA
« on: January 14, 2014, 09:42:52 PM »
Thanks, Robert.  While I have read a number of things here, I have only just now really started to get into the video content.  I have been playing the audio in the car and using every free moment I get to listen to the wealth of information.  I have appreciated your participation in the discussion, especially in the bits I listened to today.

While I agree with all of what you said above, I do want to show that I made a good faith effort, should things go to trial.  I had to laugh earlier this week when someone called conversing with Getty "jousting with clowns".  By no means do I have a desire to do anything with clowns, even though this is not Getty.  Today I finalized the first and only letter I intend to send.  I have admitted nothing and requested substantial proof.  It will be sent certified.

In addition to requesting proof, I have made a strong statement of objection to the heavy handed methods employed that includes a guarantee of what authorities I will contact should the baseless claims continue.  In particular, it included a statement I heard you mention you would now make if you could go back to your own beginning. 

I know this is far from over but I feel a great relief now that I have finally written this.  I will feel even more relief after I send it tomorrow.  At some point I intend to share my own case so others can benefit.  The time is not right for that quite yet, however.

75
Just doing a last check as I gear up for my response to Sanders/BWP.  It looks like they have no filed about 126 lawsuits.  Any further info on the PACER research or some of the lawsuits that have been filed?

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