Just ignore them

[Kyle Shaw]

I began receiving the Getty letters about 4.5 years ago. Within a few days, the photo in question was taken down, but this didn't stop the letters. They came about every 3 months. After about 1.5 years, the letters from McCormack started, also about every 3 months. I read what I could online and the one thing that seemed comforting is that no one had ever been dragged into court. I suspect when it has happened, it was of a more serious nature, failure to remove the photos, larger abuse, giving Getty and McCormack ammunition against them, etc.

Anyway, after about 3 years went by, I read of a statute of limitations that this coincides with, all the letters stopped.

If you are just an honest person that was duped, of failed by a web designer, simply remove the violate photos ASAP, and leave it alone. Do not answer Getty or McCormack. Don't write them, don't call them, don't e-mail them. Don't communicate with them in any way. Apparently if you do, they will dig in and never let go. They will have found in you "a live one"!

Read the letters if you will, then drop them in the circular file. Don't be swayed by their bluff and bluster. If you like jousting with clowns and want to engage in unnecessary legal expense, and find satisfaction in arguing with people like McCormack, then Matthew and his associates are here to help you fulfill your calling, and there's nothing wrong with that if you can afford it. But if you are like most people, and this makes you sick to your stomach and you agonize over these letters, the solution is simple. Ignore them! Whatever you do, never initiate contact with Getty or McCormack, and see what happens after about 3 years.

[stinger]

I like that you have come back to tell that story Kyle.

It is difficult for most people to do what you say.  The threat seems so ominous.  Good people want resolution.  However, after watching Getty and McCormack's behavior for about two years now, I am beginning to think there is merit in what you propose for the small offender.

Thanks for your input!

[Kyle Shaw]

You're very welcome.

I just want to give others some hope. As you say, that threat seems ominous, but judges aren't so sympathetic to guys like McCormack when intent to defraud can't be proven and swift correction is made. It seems clear that there is a lot of sleaze surrounding this issue...opportunism. Perhaps you can share my experience and put some people at ease. I hope you catch them before they communicate with these guys though.

Best wishes.

[roywood06]

Kyle,

Would you mind giving us some details about your situation.  How many images were alleged to have been infringed, whether the site was a business, blog, etc., and whether if it was a business whether it was incorporated or not.

Thanks

[Oscar Michelen]

Kyle's story is pretty much consistent with all of our experiences here at ELI. Though recently Getty has filed a number of lawsuits in single image cases. 

[Robert Krausankas (BuddhaPi)]

Kyle's story is pretty much consistent with all of our experiences here at ELI. Though recently Getty has filed a number of lawsuits in single image cases.

Is it just me, or does anyone else find it interesting that in this flurry of lawsuits that were filed, NONE, ZERO, ZIPPO have Seattle Attorney Timothy B. McCormack or McCormack Intellectual Property Law listed on them??

Shows how much faith getty has in this "experienced litigator"...

[Jerry Witt (mcfilms)]

Yeah I was thinking the same thing Robert.

Interesting. Is there a way to look up a lawyer's win/loss record? Be interesting to see his "stats".

[stinger]

Getty is too smart to ever let Timmy in a courtroom on their behalf.  He and his firm are nothing more than a scare tactic.

[Robert Krausankas (BuddhaPi)]

Yeah I was thinking the same thing Robert.

Interesting. Is there a way to look up a lawyer's win/loss record? Be interesting to see his "stats".

One would have to enter a courtroom first...paper-pushing doesn't count, I bet he types with one finger, while picking his nose or ass with the other hand...( snicker)

[Aleksandor51]

I've been taking the same approach as Kyle so far, keeping an eye on this forum while completely ignoring Getty and McCormack.  This is over 2 images that were part of Net Objects Fusion, and were heavily modified by someone involved in designing the software.  As an aside, I'm still waiting, (after many months and emails), from their parent company, Web.com, for a definitive answer on if they have legal rights to the images in the first place. 

Anyway, the last letter I received was from McCormack in early October of last year, demanding I send in payment by October 21, 2013.  Since over three months have passed, I have no idea if they've given up.  Nevertheless, I won't let my guard down, and will post here if I hear anything else from these scumbags.

[stinger]

They don't give up.  You will hear from them again.  My guess is that when will be a function of their current workload and their estimation of the likelihood of separating you from your money.

[Mulligan]

You may well get a "last chance" letter from Timothy B. McCormack and his goon squad of paralegal trolls. Read this topic for more details:

http://www.extortionletterinfo.com/forum/mccormack-letter-forum/mccormack-office-is-in-potential-trouble-again-over-%27last-chance%27-letter