Velvet fist in the iron glove?

[jbigfoot]

Now that the dust has settled, I'm reading this extortion letter in more detail. I let it sit for about a week to view it with fresh eyes. It's 8 pages long, plus the screen capture of my 'offense'. Much of it is devoted to the easy ways I can pay for my sin. And highlighted on Page 2 is an offer of assistance of future use: Once I 'settle' with them, they'll give me a coupon code for 5 free images from Thinkstock. And they'll make it available as soon as I make payment! Then, they invite me to peruse their web site to learn more about them and the wonderful things they do, since this is the first time I may have come in contact with their company.

Gee...hit me in the face with a shovel, try and steal my wallet, then offer me an ice pack and a candy bar. I'm touched by their generosity.

[Robert Krausankas (BuddhaPi)]

is this a getty letter?? first I've heard of a coupon for "free" images...wuldlike to see this actual document!

[stinger]

Me, too.  Looks like another change in policy.  If only they could stop hitting me in the face with the shovel first.

[SoylentGreen]

hahaha... coupons!!   
After they get paid their king's-ransom sized settlement, I'm sure that most people would prefer food stamps.

S.G.

[jbigfoot]

Here it is...

http://jeffglasser.com/getty1.jpg

[Oscar Michelen]

That is indeed a new strategy from Getty though it only really serves to devalue their imagery. How much could these stock photos be worth if they are throwing in five free ones for infringing on one?

[jbigfoot]

Good question. But it will definitely become a factor in my initial response letter, which I plan on writing in a few minutes.

[Oscar Michelen]

Keep us posted

[jbigfoot]

Will do. I've filed a complaint with the Washington State AG's office and that's still pending, so I've backed off communicating with them until that's resolved.

To this point, we've had a couple of exchanges and they've been quite cordial. As I peruse web sites looking for other uses of the image that got me in this situation, I see that it has been used commercially, as artwork for stationery, shirts, and hats. So although GI has told me to the contrary, I really wonder if somebody didn't legitimately purchase this image and alter it. In light of this, I've decided that I would have no problem being the 'canary in the coal mine'...that I'm just going to refuse all attempts to shake me down and let it go to court. I've captured these sites on my computer and will present them during the discovery phase.

And, my ulterior motive for not fearing court is, they will be compelled to disclose their methodology for computing these nutty dollar amounts -- and it will be public record for all the world to see.

Maybe I've got a martyr complex but the more I think about this, the madder I get.

[Greg Troy (KeepFighting)]

The complaint will help add to the number and get it closer to the point where the AG will investigate Getty.  I can tell you what there response will most likely be.  Look at the last paragraph and it will say that they will continue because you have not raised a valid defense or some such.

[jbigfoot]

I got the AG's response today and the crux was, "We regret that we are unable to provide further assistance to you in this situation." The close was, "We appreciate your bringing this matter to our attention. Your complaint will remain a part of our public record of this firm’s business practices."

They included Getty's response. They tried to turn it around by saying, "The Complainant characterizes our attempts to settle our copyright infringement claims as "extortion." However, our communications with them do not in any way constitute "wrongful threats" within the meaning of extortion statutes. On the contrary, demand for payment in satisfaction of a legal claim is not wrongful conduct." Of course, nowhere in their response to they mention the dollar amount, how they arrived at that number, nor their deadlines, etc.

The AG's letter included legal resources for me to consider. One option is that they offer free legal services to people over 60 years old, regardless of income. Well, my income is already pretty much 'regardless' so I guess I double qualify.

I'm not going to do a knee-jerk reaction, I'm gonna let it sit and incubate for a couple of days before I respond, if I decide to respond to the AG.