Once the matter is resolved, I think I will be able to post more details. I don't want to post or say too much while the case is still open.
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That makes sense. It's best for you to be relatively quite. I am hoping Robert shows us documents from Pacer, but 'in the fullness of time' would be fine with me!
In my opinion, this is a huge and unnecessary risk for Getty Images. If they lose in court, or even if they win a small amount, that removes the fear factor so vital for the success of their settlement demand letters.
And it's quite possible that they will lose ( see the Advernet verdict ) or receive a very low symbolic amount.
However, it's always going to be cheaper for the victim to pay up, rather than put up a defense. Lawyer's fees are higher than the cost of a settlement.
I think that the anti copyright troll lobby against Getty Images with ELI at the helm, has put a huge dent in their money making enterprise, and Getty needs a change in tactics, to increase the fear level in letter recipients.
Ian
IF they do very many of these settlements you can make the case that Getty is using the federal court as a collection agency and the courts will not like that in my opinion.
If they take these cases to court they run the risk of the court becoming angry with Getty for wasting their time if they are small dollar amount cases.
Getty is walking a fine line here and they certainly don't want the courts seeing the type of information any good lawyer will ask for through the discovery process. The more I look at this to me it looks like a loose loose prospect for Getty but that's just my opinion.
I just don't know. If the parties agree to something among themselves, and the plaintiff agrees to drop the case as a part of that, is the judge even privy to the settlement amount details? As far as settling "too many" their cases offline with the other party before judgment, I always thought that was quite common and actually encouraged by the court.
But really I'm not entirely sure how that works.IF they do very many of these settlements you can make the case that Getty is using the federal court as a collection agency and the courts will not like that in my opinion.
If they take these cases to court they run the risk of the court becoming angry with Getty for wasting their time if they are small dollar amount cases.
Getty is walking a fine line here and they certainly don't want the courts seeing the type of information any good lawyer will ask for through the discovery process. The more I look at this to me it looks like a loose loose prospect for Getty but that's just my opinion.
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