Got my letter today... UPDATE

[holysmokes]

Hello everyone,
First off, I would like to thank everyone who has contributed to this forum, especially its creators and main supporters. It is great to know that there are still good-hearted individuals that take the time out of their busy schedules to create such a 'movement'. Its inspirational to say the least.

My story.... I'm a college guy who started an eCommerce site, the site is first-off very informative. I type articles in my niche so that customers see we are more than just another 'online-store'.

Almost two years ago, I got a blog template for WordPress (wordpress powers my article directory) from a popular internet marketing forum (won't say the name) in a special section only paying members are allowed to access (the creators of the template were an design company no longer around). In it, well, was my template, images, psd files etc.

For those who are not familiar with WordPress, its a free software platform driven by a community of millions who contribute – similar to SMF which is what powers this forum and the free theme provided by the infamous 'Crip' designer who has over millions in downloads for his popular templates.

Gradually, as I became better at web developing I ended up trashing the template – but a specific article was never edited, hence the dang image was still there. All my articles are educational, they don't have links pointing to product nor do they have anything to do with product. They are simply educational.

I was using that 'lucky-image' for an article not even accessible on the eCommerce site which launched in March 2011.

Here I am today, trying to figure out how I am going to even scrape change to hire Oscar, but I am. Finals are almost here, my site isn't the most successful, but most people think my site is run by a multi-million dollar company just because of the site design which scares me a bit now...

The irony in this is gut-wrenching on a professional standpoint because I am a photographer and did all the work myself since I'm broke.

For people hit with a claim form 3-4 years ago, did it go away? Is it a done deal? The phrase 'its rare' that Getty will take you to court seems to be thrown around, basically implicating that they've been successful at some rate even in court?

Sorry for the rambling, as I am sure you all understand, this takes a bit to chew, but I'm chewing away.

[Matthew Chan]

Is this forum you are referring to the Warrior Forum?

[holysmokes]

Hello Matthew,

Our designer was USA located, we never hire outside of USA (in hopes they use better ethics) and for grammatical purposes during communication. I've developed relationships (imagine you and Oscar) with many developers and designers during their college days or home-start ups – some now, run their own business. This particular designer was from 2 years ago. I guess this wasn't the case even hiring a US based designer.

[Matthew Chan]

I have visited the Warrior Forum before and it makes for interesting reading and research. But then I run away and find my own resources.  I could be wrong but that whole community gives me the creeps and certainly doesn't smell of high credibility. I know that is a general statement.  Just my impressions of past visits.

[holysmokes]

Like many large forums that provide internet information, its going to be a hit and miss. The forum was a great form of networking and finding young minds alike when I first started off on the internet.

Now that I can basically do 'most' things online myself, I use it for research. It used to be a great source for start-ups years ago. As you can see, its failing me right now

[Matthew Chan]

I got on to the Warrior Forum just fine.  They are most definitely active and live.

[holysmokes]

Yea, works fine now.

I guess its off and on. Sorry, I deleted my previous post after I realized it finally worked.

[holysmokes]

Got an update for you all.

Today I received a letter from McCormack via regular post office.

It's the same case, except it says now that:

McCormack has been retained as legal counsel to pursue copyright infringement claims against your company.

It sounds just like the Getty letter, explaining to remove images(s) (as if they haven't been removed already with Getty's first letter!!! )... you know, your basic cookie-cutter letter.

EXCEPT, now they're demanding $550 more than what Getty wanted. I'm guessing his commission?

It says I have a 21 day window period to pay.

Has anyone received a letter from Getty, then a follow up by McCormack a few months later when you don't budge?

Are they trying to instill fear by stating they've been retained as legal counsel, as if to say, we're ready to sue if you don't pay with this last chance?

I'm getting ready to reply, stating I am still waiting for Getty to provide the information I have been waiting on (proof of registration, etc), but curious to hear of similar "escalation" type letters.

[Robert Krausankas (BuddhaPi)]

This is typical, we are very well of Timothy B. McCormack and his letters, use the google search option above and your questions will be answered..

[holysmokes]

What's more interesting.

I just finished reading this demand letter by McCormack.
http://www.scribd.com/doc/83405769/Attorney-Timothy-B-McCormack-Settlement-Demand-Letter

^That letter was sent Federal Express and is almost over 4 pages.

My "escalation" letter was mailed regular post mail and only one page, double sided. The front page reminding me I infringed on an image (no copy of image, just vaguely stating, "remember that image? Yea, that one!"). The back side, a payment form.

Any who, I'll be writing my reply letter and will provide you all with any updates.

[Robert Krausankas (BuddhaPi)]

Timothy B McCormacks letters have changed since he started crossing the line and was having complaints filed against him with the Washington State Bar Association, as well as the Washington State Attorney General.

The following is not legal advise in any way shape or form, but given what we know about McCormack Law, if it were me i would be tempted to include in your response, that if Getty nor MCCormack supply you with the requested documentation, that you will indeed file a complaint wit the Stat AG.. Naturally this will piss him off to no end, but it may make him backtrack a little...and theres always the chance they decide to make you the p[oster child, and actually file something., which would be slim.

What's more interesting.

I just finished reading this demand letter by McCormack.
http://www.scribd.com/doc/83405769/Attorney-Timothy-B-McCormack-Settlement-Demand-Letter

^That letter was sent Federal Express and is almost over 4 pages.

My "escalation" letter was mailed regular post mail and only one page, double sided. The front page reminding me I infringed on an image (no copy of image, just vaguely stating, "remember that image? Yea, that one!"). The back side, a payment form.

Any who, I'll be writing my reply letter and will provide you all with any updates.

[Jerry Witt (mcfilms)]

>>Has anyone received a letter from Getty, then a follow up by McCormack a few months later when you don't budge?

Yes, I have

>> Are they trying to instill fear by stating they've been retained as legal counsel, as if to say, we're ready to sue if you don't pay with this last chance?

Yes I assume so.

>> I'm getting ready to reply, stating I am still waiting for Getty to provide the information I have been waiting on (proof of registration, etc), but curious to hear of similar "escalation" type letters.

This is what I would do, along with following Buddhapi's advice above.

[holysmokes]

I'll be asking for documents and why the price increase in his letter.

Also, not sure if I want to press his buttons just yet. I will wait for a reply, if he still fails to supply the documents, I will then file a report with the WA State AG.

If all else fails, and he STILL continues to persist, I will proceed with Oscar as this has taken up too much time from my business.

Mcfilms, was your McCormack letter asking for a higher price than Getty's original demand letter? Mine was under the 1k range, now he's asking for $500 more. What could it a be, a penalty fee?

Wouldn't they need to state that, just like the DMV or a similar entity, after an extended amount they clearly state the actual penalty amount for late payments?

[Jerry Witt (mcfilms)]

'smokes: In my case it was the same amount from GI and McCormack. But all the stock trolls are experimenting with variations to see what are the right buttons to push. If it were me, I wouldn't be too concerned with hurting the feelings of someone who was trying to extort hundreds of dollars from me, but a lot of people are fearful. I understand the feeling of "maybe if I just don't piss them off, they'll go easy on me." It's not gonna happen though.

There is a pattern I that I have noticed emerging. It seems like the loud mouths are the ones that get ignored. You should search out the stories behind Matt, me, Buddahpi, SG, Peeved, Lucinda, I'm sure I'm forgetting many. The people that are vocal seemed to get ignored. Of course since the trolls tend to monitor this site, I guess now they will feel compelled to make an example of someone.

[Peeved]

There is a pattern I that I have noticed emerging. It seems like the loud mouths are the ones that get ignored. You should search out the stories behind Matt, me, Buddahpi, SG, Peeved, Lucinda, I'm sure I'm forgetting many. The people that are vocal seemed to get ignored. Of course since the trolls tend to monitor this site, I guess now they will feel compelled to make an example of someone.

McFilms are you calling ME a "loud mouth"? lol...
 

@holysmokes.....Those who are dealing with McCormack can only "assume" that the increase in demand price is undoubtedly his "fee" attached to the original demand and not necessarily a "late fee" (keep in mind that this is a claim and not a debt!). I believe it also is intended to create an "emotional response" as well as a feeling of increased "pressure" to respond and pay.

Personally speaking, I feel that the more you choose to engage in dialog, the better your chances of possibly saying something that may incriminate you. Personally speaking, so long as you have done your homework and searched the U.S. Copyright Office for possible registration, I would not respond at all considering the fact that you have already asked for proof for which they have undoubtedly refused to give you. There are those who agree to ignor and there are those who feel that you should continue to bark, bite, and scream as loudly as possible. This being said, it is ultimately your decision to make.

Should your letters from McCormack continue to be "accusatory", "inaccurate", "unprofessional", etc..etc.. by all means file the complaints with the State Bar and Attorney General.