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Author Topic: It has now been over 3 years since my Initial letter and still getting threats.  (Read 6814 times)

TWT

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Isn't there a statute of limitations on an issue like this?
My first letter is dated over 3 years ago and I still get email that is disturbing, especially in the light of the people who are saying they are getting sued.
Here is the implied action line:  "  Please be advised that our client has granted our office the appropriate flexibility needed to bring this matter to a fair and reasonable conclusion.  "

At this point I am not responding. Suggestions?

roywood06

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Appropriate flexibility reads to me like they are not filing anything.  Also, emails would not bother me like postal mail would.  Are you getting the emails from Getty or an attorney?  Attorney's usually don't send those as "official" correspondence.  When did you take down the image; has it been three years?  The SOL may continue until the alleged infringing picture(s) are removed.  If it has been three years I might would mark their email address as spam so it gets deleted right away.  Maybe I would even wright them a letter stating that the SOL has run and pointing to the copyright statute and tell them to quit contacting you.  Just thoughts, not advice.

stinger

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Who is sending the threats, Getty or McCormack?

They should not be sending anything if the Statute has run.  Are you sure the issue is over the same image?

Robert Krausankas (BuddhaPi)

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To be safe figure the statute to start running from the date of the first letter, we need more info, is this Getty McCormack or someone else. If it is Getty themselve, I would quickly complain tot he attorney general, and Getty advising them that the statute has run and to pound sand, if MCCrmack I would do the same, but I would also file a bar complaint with every bar he is associated with, as an attoreney that douche bag is well aware of the rules and conduct becoming of an attorney... I'm not a lawyer, so I don't have to abide by those standards, hence I can voice my opinion, thats McCormack Intellectual Property Law is a firm fulls of turd munching asshats.
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..

stinger

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Robert, I would say that you are being wayy too kind to them.  Must be warm where you live.

Greg Troy (KeepFighting)

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TWT,

Could you please email me a copy of your first letter and your latest letter that is past the three year statute of limitation.  I already have one set of these out of Mr. McCormack's office. 

This information would help with my upcoming initiative greatly.  You can mail them to [email protected].  Also please indicate if you would like your personal information redacted out of the email/documents.  Thank you.
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

TWT

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The email is from ncsip solutions. I am assuming they are a collection agency. The three years is past from the date of the first letter. The photo was immediately retracted with an apology and a reasonable offer to pay for the photo which was refused.

Robert Krausankas (BuddhaPi)

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The email is from ncsip solutions. I am assuming they are a collection agency. The three years is past from the date of the first letter. The photo was immediately retracted with an apology and a reasonable offer to pay for the photo which was refused.

I would file a complaint with the FTC, they are a collection agency. I would also file a complaint with the washington attorney general against getty.. clearly the statute has run.
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..

Jerry Witt (mcfilms)

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I agree with Robert. You can easily file a complaint online at:
https://www.ftccomplaintassistant.gov

It seems your category would be "other" and you'd have to specify that ncsip solutions is harassing you for an issue in which you offered a reasonable settlement, it was refused and now the statute has expired. (Probably worth it to mention that based on your research Getty Images has a history of this behavior.) I think I will also tag this thread as #GettyFlubs for future research.
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.

Matthew Chan

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NCS IP Solutions is old news.  They have no power.  They are only a collection agency.  As a collection agency, you need to report them as such.  They will deny they are a collection agency but it isn't hard to show that their primary business is in collections.

The least expensive option is to ignore it if the statute of limitations has expired unless you want to make some noise about it.

The email is from ncsip solutions. I am assuming they are a collection agency. The three years is past from the date of the first letter. The photo was immediately retracted with an apology and a reasonable offer to pay for the photo which was refused.
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.

 

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