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Author Topic: Attorney Peter T. Holt's Letter to Oscar Michelen & ELI website  (Read 10961 times)

Matthew Chan

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Attorney Peter T. Holt's Letter to Oscar Michelen & ELI website
« on: November 15, 2011, 07:35:03 PM »
Exposing the demand letters by Hawaiian Art Network's lawyers, Julie Stewart and Peter T. Holt has created a bit of a stir with the two lawyers themselves. They dislike being associated with the word "extortion" and and phrase "extortion letters".

Go read Peter Holt's letter to Oscar and I was CC'd.

http://www.scribd.com/doc/72850099/Peter-T-Holt-Letter-to-Oscar-Michelen-Regarding-Extortion

Matthew
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Re: Attorney Peter T. Holt's Letter to Oscar Michelen & ELI website
« Reply #1 on: November 15, 2011, 07:46:06 PM »
Read Oscar Michelen's lengthy and well-written rebuttal to Peter T. Holt's Letter to Oscar and ELI. It thoroughly explains why ELI is allowed to use the word "extortion" and phrases such as "legalized extortion" and "extortion letter".

http://www.scribd.com/doc/72851505/Oscar-Michelen-Response-to-Peter-T-Holt-Letter-on-Extortion

My response to Peter T. Holt's Letter is forthcoming.

Matthew

I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

Matthew Chan

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Re: Attorney Peter T. Holt's Letter to Oscar Michelen & ELI website
« Reply #2 on: November 15, 2011, 08:44:37 PM »
My response to Peter T. Holt and his complaints have been posted here. This letter was much longer than I had planned. However, if another attorney brings up this issue, I will reuse the content of this letter.

http://www.scribd.com/doc/72856278/Matthew-Chan-Response-to-Peter-T-Holt-Regarding-Extortion


Matthew
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

Robert Krausankas (BuddhaPi)

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Re: Attorney Peter T. Holt's Letter to Oscar Michelen & ELI website
« Reply #3 on: November 15, 2011, 08:56:30 PM »
I want to buy you both dinner!!
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

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Re: Attorney Peter T. Holt's Letter to Oscar Michelen & ELI website
« Reply #4 on: November 15, 2011, 11:28:22 PM »
Well done indeed, good sirs.

Time to copyright the phrase "settlement demand letter".
All the political correctness that dirty money can buy...
The words "extortion letter" can remain free for trolls like Mr Holt to use.

S.G.
« Last Edit: February 23, 2012, 04:03:08 AM by Matthew Chan »

Jerry Witt (mcfilms)

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Re: Attorney Peter T. Holt's Letter to Oscar Michelen & ELI website
« Reply #5 on: November 15, 2011, 11:43:05 PM »
You guys are awesome. Both replies were well thought out and succinct.

I wonder at what point Attorney Peter T. Holt and Blackline Lawyer Julie Stewart realize that their best move is to do a little more research on Hawaiian Art Network LLC's business practices. I wonder if they will find that the images Hawaiian Art Network LLC claims to represent have been seeded onto all sorts of wallpaper sites. Do they know about this? Do they care? Are they willing to ask these sites to remove the imagery or does Hawaiian Art Network LLC want them left there for some reason? And by the way, why did a company based in Hawaii have to hire an attorney in Canada to send letters to the US? Is it hard to find any attorneys willing to do this work?

I also wonder at what point Attorney Peter T. Holt and Blackline Lawyer Julie Stewart realize that a search for their name is going to turn up their association representing a company (Hawaiian Art Network LLC) who's business practice seems to be that of a Copyright Troll. Is this what they want? In this day and age it is important for all of us to do the right thing. Negative opinion on the web can have a negative effect on your image, if you don't believe me just ask Rick Santorum or Google "Santorum" (or better not, don't).
« Last Edit: November 15, 2011, 11:48:53 PM by mcfilms »
Although I may be a super-genius, I am not a lawyer. So take my scribblings for what they are worth and get a real lawyer for real legal advice. But if you want media and design advice, please visit Motion City at http://motioncity.com.

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Re: Attorney Peter T. Holt's Letter to Oscar Michelen & ELI website
« Reply #6 on: November 16, 2011, 12:13:26 AM »
I'm quite sure that the two attorney's mentioned don't care one bit.
But, if they do care, they can best show that through their actions.

I get the feeling that these types of lawyers work on a contingency basis.
So, they probably don't check into into anything beforehand; they don't even bother to send proof of ownership/registration.
They probably don't even ask if the image is registered, unless it's an actual lawsuit issue.
It's a faceless volume business.

---

The Canadian lawyer sent an extortion letter to a Canadian resident.
She tried to bully Oscar in the 'states, tho.

---

You may recall that Brandon Sand sent a letter from California to a Canadian resident in the past.
He seems to have disappeared from the scene for now, though.

S.G.


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Re: Attorney Peter T. Holt's Letter to Oscar Michelen & ELI website
« Reply #7 on: November 16, 2011, 02:33:49 AM »
Great response guys and thanks for all your hard work. You have really shed a light on this whole issue.

Matthew Chan

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Re: Attorney Peter T. Holt's Letter to Oscar Michelen & ELI website
« Reply #8 on: November 16, 2011, 06:39:39 AM »
Mcfilms,

Some good points. IN the interest of accuracy, Julie Stewart, a Canadian Lawyer, issued her letter to a Canadian citizen/company.  She is borderline if she thinks she can take legal action herself across country lines.

All this drama really does not help at all and paints them in a more negative light.  But have you noticed how these particular lawyers have such a barebone Internet presence?  They lack online credibility and online presence.

They want to get into the copyright trolling industry but these practitioners clearly have very little experience in online matters.  It is embarrassingly clear.  They could have left it alone but now they have resumed attacks this time via DMCA complaints.

Matthew

You guys are awesome. Both replies were well thought out and succinct.

I wonder at what point Attorney Peter T. Holt and Blackline Lawyer Julie Stewart realize that their best move is to do a little more research on Hawaiian Art Network LLC's business practices. I wonder if they will find that the images Hawaiian Art Network LLC claims to represent have been seeded onto all sorts of wallpaper sites. Do they know about this? Do they care? Are they willing to ask these sites to remove the imagery or does Hawaiian Art Network LLC want them left there for some reason? And by the way, why did a company based in Hawaii have to hire an attorney in Canada to send letters to the US? Is it hard to find any attorneys willing to do this work?

I also wonder at what point Attorney Peter T. Holt and Blackline Lawyer Julie Stewart realize that a search for their name is going to turn up their association representing a company (Hawaiian Art Network LLC) who's business practice seems to be that of a Copyright Troll. Is this what they want? In this day and age it is important for all of us to do the right thing. Negative opinion on the web can have a negative effect on your image, if you don't believe me just ask Rick Santorum or Google "Santorum" (or better not, don't).

I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

Matthew Chan

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Re: Attorney Peter T. Holt's Letter to Oscar Michelen & ELI website
« Reply #9 on: November 16, 2011, 06:41:38 AM »
Brandon Sand is back.  He just issued DMCA complaints to my hosting service against my account.  Check out the Brandon Sand thread for updates.

---
You may recall that Brandon Sand sent a letter from California to a Canadian resident in the past.
He seems to have disappeared from the scene for now, though.

I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

Matthew Chan

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Re: Attorney Peter T. Holt's Letter to Oscar Michelen & ELI website
« Reply #10 on: November 16, 2011, 06:47:31 AM »
I was thinking the same thing.  These lawyers really have done a great job magnifying the issue at hand by coming at both Oscar and I and forcing us to clearly take our positions.

It is already bad enough that they have launched their aggressive and massive campaign against tens of thousands of people with outrageous claims and scare tactics but now they want to come after Oscar Michelen, myself, and the ELI website by trying to silence us?

This takes this battle to a whole new level. In fact, it is almost newsworthy.  I think a couple of blogs will want to pick up this story. Without meaning to across as boisterous, I really think our posted letters are required reading for every letter recipient.  Lots of great information there.

Matthew

You have really shed a light on this whole issue.
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

Matthew Chan

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Re: Attorney Peter T. Holt's Letter to Oscar Michelen & ELI website
« Reply #11 on: November 16, 2011, 06:49:56 AM »
Great point!  This political correctness thing is apparently a sensitive issue now for the lawyers themselves.  They don't like being associated with an aggressive letter campaign that many people consider "legalized extortion".

Matthew

Well done indeed, good sirs.

Time to copyright the phrase "settlement demand letter".
All the political correctness that dirty money can buy...
The words "extortion letter" can remain free for trolls like Mr Holt to use.

I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

Robert Krausankas (BuddhaPi)

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Re: Attorney Peter T. Holt's Letter to Oscar Michelen & ELI website
« Reply #12 on: November 16, 2011, 07:03:30 AM »
This takes this battle to a whole new level. In fact, it is almost newsworthy.  I think a couple of blogs will want to pick up this story. Without meaning to across as boisterous, I really think our posted letters are required reading for every letter recipient.  Lots of great information there.

It's just a matter of time, before the blogs start picking up this story!
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

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Re: Attorney Peter T. Holt's Letter to Oscar Michelen & ELI website
« Reply #13 on: November 16, 2011, 02:32:55 PM »
Excellent Letter Matthew!
Kim

 

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