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Messages - Bekka

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31
In my opinion, I think sites like these are here to stay one way or another since the onset of the internet.  So the entertainment industry should look for ways to embrace these sites and use them to their advantage.  For instance, look at the business model of Hulu!  Except for CBS, the other major networks invest and participate in this venture.  It is a viable option for people who can't afford cable and can't get satellite based on location.  Hulu has the free version and the paid version for premium content. 

I also believe that the entertaiment industry as it cries foul and yells "revenue loss," they are not taking into consideration the folks who have watched an episode of a series on Megavideo, fell in love with the show and purchased the series.  Same with music!  Yes, you have those that don't as well, but I believe these sites could be a win win for all involved with a little innovative thinking.  People are too quick to sue for an easy buck and not look for steady reliable income for the long haul.

Personally, I will admit that I have watched an episode or two on Megavideo if I missed one on TV.  However, many times the show was not available because Megavideo had removed it for "infringement violations."  It seems to me they just couldn't keep up with the massive uploads by individuals over time.

One thing we can all bank on is "change."  You can choose to hold on to past and fade away, or you can embrace it and move forward.   

32
Here is the indictment.  Click on "read in full here."  It lists their assets.


 http://techfleece.com/2012/01/20/megaupload-shut-down-by-the-feds/

33
Getty Images Letter Forum / Re: Masterfiles 3rd suit for 2012
« on: January 20, 2012, 12:50:52 AM »
I doubt you would find many of those pictures, because this isn't a photograph.  If I am not mistaken, this is a still of a modeled image.  I didn't realize that MF sold/licensed 3d models or rather stills of them until today. 


34
Getty Images Letter Forum / Re: Analyzing Masterfile's Lawsuit History
« on: January 18, 2012, 09:02:17 PM »
I was reading the MF (perfect initials) vs. Synapse and could not believe that they were asking $13,233 for one image.  I assume it was settled out of court since the lawsuit was dismissed by MF.

35
Getty Images Letter Forum / Re: Masterfiles 3rd suit for 2012
« on: January 18, 2012, 08:48:10 PM »
Yeah, they were busy yesterday filing lawsuits.  I just came across this one a few minutes ago.  Their attorney Steven M. Weinberg advertises on his website that he represents Masterfile among others.

36
Quote
In fact, as I stated earlier, it is my personal opinion that this deal was cooked up to suck whatever cash is on hand out of Arius, transfer it to MF and then have Arius file for bankruptcy. This is all conjecture on my part, but I encourage you to watch it play out.

I believe you are right on the mark.  Arius3D was formerly known as "Rebecca Capital."  It was a capital pool company.  See the links below, the 2nd one describes what a capital pool company does.

http://www.arius3d.com/news/Release021610.pdf

http://www.tmx.com/en/pdf/CPCBrochure.pdf

Why would Arius set aside money in escrow and pay out money to Masterfile?

Well it seems that Masterfile's foray into Europe was financed by a ROI Capital investment.  See below:

http://canadatech.info/modules/news/index.php?page=print&storyid=487

Now the kicker.  These investments are part of a retirement fund promoted by ROI Capital.  I could not find a company snapshot of Masterfile's Canadian and US profile, but I was able to find one for their UK venture, aka Masterfile UK Limited.  Here it is....

http://companycheck.co.uk/company/04194447

Now if I were shopping for an investment fund, I am not sure I would be to pleased to see the info in the above snapshot.  I certainly hope the Canadian and US ventures are faring better!  Their net worth is in the red, and the liabilities exceed their assets.

This was a little challenging considering Wikipedia is blacked out now, but I would love to find the connections among the owners of the three entities in this triangle.

37
Getty Images Letter Forum / Re: Analyzing Masterfile's Lawsuit History
« on: January 18, 2012, 12:32:03 PM »
Well I just found out that under Masterfile's career page, one of their company disciplines they list is "copyright enforcement."  That doesn't really surprise me as much as "finance and administration" does.

http://www.masterfile.com/info/corporate/careers.html

3rd paragraph. 

38
It looks like the acquisition has been extended to Jan. 31, 2012.  Here is the latest article I could find.  Note the last part, noting economic times!  It sure doesn't cross Masterfile's mind when seeking such large settlements from small companies.

http://www.photolicensingoptions.com/ViewArticle.aspx?code=JHP2521

I just have a hard time believing photographers would associate with companies that would engage in these practices, especially with all the negative publicity against these stock photo houses.

39
Masterfile is wasting no time this year.  They just filed another lawsuit yesterday against Global Services Worldwide.  However, it doesn't show up as IP, it shows "other" under type of suit. 

http://dockets.justia.com/search?q=Masterfile+Corporation

40
If Masterfile settled with IT Machines, would that not speak volumes?  Masterfile obviously did not want this to go to court as it might have put to bed a very lucrative business.  If they settled, it certainly implies guilt on MF's side or at the very least an inability to defend itself against the charges.  It is a shame this case did not move completely through the court system.

41
Getty Images Letter Forum / Re: I found a copyright infringement!
« on: January 17, 2012, 10:21:19 AM »
If indeed this is fact, it would make a great defense for those of us "innocent infringers."  How wonderful to be able to state that even copyright attorneys can be a victim of their own making?  Karma....you just got to love it!

S.G., thanks for the much needed humor on this board.  Although the topic is most serious, laughter is indeed the best medicine and you supply us with plenty of refills.

42
I have a copy of Masterfile's contract with a photographer that I requested when I got my letter.  The contract is type dated June 1, 1999, but is not dated beside the written signatures.  They have witnesses, but no date by the witness names as well.  I will give Masterfile credit for at least having signatures on their contracts.  The contract states that the copyright stays with the photographer.  However, the contract states that under certain conditions that copyright assignment to Masterfile will take place.  Those conditions are for the purpose of registering the images and the pursuit of collecting damages.

On the subject of compilation filing with the US Copyright office, you would think that whoever is in charge would step in and correct this problem.  Just look at the table of fees per title, up to 450 is around $1305.00 in fees.  One receipt I saw while perusing the Masterfile lawsuits showed they paid only $350.00 for several compilation CD's.  One way to raise money for the Federal Government would be to start enforcing the copyright registration laws!

43
Quote
Wow. That's an awfully big conspiracy. But like you said, How is it that they registered such a nice even number of images.

What I am saying is that they registered these numbers that supposedly had an image with them.  However, if you go to Masterfile's website and search for some of these numbers, there is nothing there.  It says your search did not find etc... try another search.  So what did they register?

44
Here they have a span of 3417 numbers for images registered.  The artists list is almost identical to the 1999 registration list I have.  I wonder how many of those image numbers have no image attached to them either.  Maybe I am missing something here....or just don't understand the registration process.

45
I have a question for the community here.  Masterfile shows on their registration paperwork images 700-00001 thru 700-00033000 to be registered.  Now I am in a busines that involves weights and measures, so when someone gives me a whole number figure, I am suspect.  So I got to thinking about this and went to Masterfile's site.  I started doing random searches via these numbers and lo and behold there are numerous image numbers in the above sequence that have no images attached to them.  So, here is my question, what keeps a photostock company from registering a block of images numbers knowing full well that they do not have images matching some of those numbers on the CD or media submitted to the copyright office, and then as new images are acquired, assign one of those numbers that have already been certified thus leading one to believe it was done years ago as opposed to a short time ago?  I find it hard to believe in these compilation filings that the copyright clerks verify each and everyone of them....33000 is a lot of images at one time.  Sounds like a shortcut or loophole to be exploited in my opinion.  I have even read on here, where some tried to find the image in question and could not at the copyright office, or the disk was corrupt.  Maybe the disk was corrupt to begin with........just saying!

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