Joel Albrizio (Adlife) Allegedly Threatens to "Destroy" "Ruin Life" of ELI Membr

[Matthew Chan]

Since 2008 when ELI has been in existence, ELI (especially me) has made its share of enemies because of our strong advocacy & punchback against copyright extortionists. We discuss unconventional tactics & strategies against the scourge of disproportionate demands for "de minimus" infringements. Part of that is exposing the people and their sordid behavior.

Robert Krausankas has long been a friend and essential ELI Defense Team Member and works closely with me, Oscar, and Greg to watch over the ELI community. 3 years ago when I faced my own legal battle against Linda Ellis (who issues $7,500 demand letters for the innocent and fan-sharing of her viral poem), Robert stepped in to become the host provider for ELI (with ZERO compensation).

Robert also writes on his own blog: http://copyright-trolls.com and he has expanded his interests to First Amendment / free speech issues in addition to copyright extortion issues. Now, for the very first time, we have a reported threat to "destroy" and "ruin the life" of against an ELI Defense Team member and that appears to be Joel Albrizio of Adlife Marketing & Communications against Robert Krausankas.

http://copyright-trolls.com/site/joel-albrizio-threatens-me-im-going-to-destroy-you/

In my view, Joel Albrizio has crossed the line and I cannot stand by while a friend is being threatened for calling out an ethically-challenged business person. I have largely kept quiet as Robert had been breaking the story but I have been involved with another issue in another corner of the Internet: 

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/10/10/dozens-of-suspicious-court-cases-with-missing-defendants-aim-at-getting-web-pages-taken-down-or-deindexed/

http://pubcit.typepad.com/clpblog/2016/10/profile-defenders-and-richart-ruddie-the-common-link-between-two-phony-defamation-suits.html

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/10/10/a-tip-of-the-hat-to-matthew-chan-whose-call-helped-us-uncover-the-many-suspicious-internet-takedown-cases/

I have not had much time to blog about my own case that I am involved with but I have a greater urgency to come forward to the aid of a loyal friend and loyal team member who extends and expands the reach of what Oscar Michelen and I started here on ELI 8 years ago.

It's possible Albrizio was blowing off steam in the heat of the moment but both Robert and I have Googled his past and there have been individuals from Albrizio's past making contact with Robert and the stories are not good. They revolve around complaints about Albrizio and his legal conflicts. They reveal dishonorable, thuggish tactics and heavy-handed ways as he is now doing with his $8K Food extortion letters.

I have in my possession of another threat email by Albrizio against a person who "dared" to make a complaint about him and his business to a governmental agency & business advocacy group. He is now trying to silence that person by making not-so-veiled legal threats against that person.

Essentially, he appears to be stepping into SLAPP territory. http://www.anti-slapp.org/slappdash-faqs-about-slapps/

He has legally threatened Robert and this other person for exercising their 1st Amendment rights to share their opinions and complain about Albrizio & Adlife Marketing.  There is a chance he might now legally threaten me now that I am coming to Robert's defense. No one is looking to be a defendant in any lawsuit but, at the same time, there is no way we can be silent in this matter. That is not how the ELI team or philosophy works. 

Albrizio was perfectly content to repeatedly call Robert a "thief" because of the mistaken notion that Robert might have infringed on Adlife's images. Robert didn't, he only reported on it. Robert was open to an apology from Albrizio but never got one.  Albrizio tried to slyly recruit Robert to come up with ways to be an intermediary on behalf of Adlife.  Moron Albrizio couldn't figure out that copyright-trolls.com exists for the purpose to expose COPYRIGHT TROLLING!  Why would Robert volunteer his free time to work for someone sending out outrageous $8K extortion letters for food images?

Albrizio appears to be clueless about the Streisand Effect. I was perfectly content in being in the background when Robert was reporting on Albrizio's and Adlife Marketing & Communication's $8K letters.  But now, Albrizio appears to be rattling his saber to silence anyone who calls him an insulting name and makes complaints to business advocacy and government agencies.

Albrizio seriously needs to cool his jets or he might just face the collective wrath of the tech press, anti-copyright troll community, and First Amendment advocates & their team of VOLUNTEER lawyers who will STREISAND him and his business into the ground as well as legally challenge him. I can't even imagine all the people who might appear from Albrizio's past who are more than willing to spill their guts to anyone willing to listen. Oscar Michelen is a legal advisor for ELI and he is also the legal advisor for Copyright-Trolls.com. Oscar has been contacted by myself and Robert in the Albrizio threat matter and he has given his assurances that he is part of the team should Albrizio choose to escalate the matter into the court system.

Most people would understand but there are some that think they can take on to the entire Internet. Albrizio MIGHT be dumb enough and follow the path of Charles Carreon, Prenda Law, and Righthaven into oblivion. They were all buried in the graveyard of losers-for-taking-on-the-Internet.

[Robert Krausankas (BuddhaPi)]

I certainly appreciate the ELI support, we'll see how this shakes out going forward, in the mean time I will continue to research and report. While I certainly don't want to deal with any lawsuits, I won't give up my rights to freely state my opinions and post factual information. Joel may point fingers at me for slamming him and his "business practices", but the truth of the matter is, his reputation was tainted long before I came into the picture, and that is well documented.

[stinger]

I am guessing this guy was smart enough not to make the threats in writing. 

I wonder if he realizes how many friends Robert and Matthew have made through ELI.  These are all people who have been victims of copyright extortion schemes.  Many of these people feel a debt to Robert and Matthew and might be willing to step in and assist them in the event that they are unjustly targeted by this troll.

These friends of Robert and Matthew encompass a wide range of society.  Legal scholars, large business people, small mom and pop businesses, students and bloggers who may have gotten caught in a troll net; there's even the guy who offered to fly to Seattle to personally deliver a lead calling card to Timothy McCormack.

At first glance, a guy with a blog and a mission to end copyright trolling may look like easy pickings to a type A intimidator.  Be careful where you step, Mr. Albrizio.  The waters may be a lot deeper than they look.

[Matthew Chan]

Oscar Michelen has stepped in to have Robert's back. A copy of Oscar's letter to put Albrizio on notice is posted here:

http://copyright-trolls.com/site/adlife-marketing-joel-albrizio-gets-quick-law-lesson/

October 24, 2016

Mr. Joel Albrizio
Adlife Marketing and Communications
38 Church Street
Pawtucket, RI 02860

Re: Robert Krausankas / Copyright-Trolls.com

Dear Mr. Albrizio:

I represent Robert Krausankas and his website Copyright-Trolls.com with respect to any potential claim you may be contemplating against them. Mr. Krausankas advised me of a conversation on October 21, 2016, wherein you made threatening statements against him. I take your statements to my client as a veiled reference to possible litigation regarding alleged defamation and the use of an image purportedly owned and copyrighted by you. I assume this because if I took them to be threats of a physical nature upon my client’s personal safety I would advise him to immediately report it to a law enforcement agency. Please cease and desist any further contact with Mr. Krausankas and Copyright-Trolls.com via any method or medium including U.S. Mail, telephone, email, instant message, text or posting comments on his blog. While I hope this is our last communication, direct all future correspondence on this matter to me and not my clients.

As to any purported claims of “defamation” the First Amendment to the United States Constitution greatly protects speech, opinion, criticism, parody and comedy. In fact, U.S. courts have ruled that bloggers like Mr. Krausankas have the same First Amendment protections when sued for defamation as traditional journalists such as newspapers and print.

Moreover, if the issue is of public concern, a defamation plaintiff would have to prove malice (if the subjects are public figures) or negligence (if it is a matter of public concern regardless of their status) to win damages. Courts have reiterated the public’s right to post opinions, even if they are nasty and crude. Courts generally look at three factors to distinguish between “fact” and “opinion” as follows:

“(1) whether the general tenor of the entire work negates the impression that the defendant was asserting an objective fact, (2) whether the defendant used figurative or hyperbolic language that negates that impression, and (3) whether the statement in question is susceptible of being proved true or false.”

All three of those factors point to the obvious: That Mr. Krausankas and Copyright-Trolls.com were engaging in protected speech in all of their discussions about you on the site. Any statements or references to you in the posts to which you may object to are at best statements of opinion and are not defamatory. There appears to be no false facts contained in any of the posts of which you may complain. They are merely criticisms and expressions of opinion. These types of criticisms and commentaries are of course constitutionally protected speech.

You should understand that numerous websites, bloggers, and journalists who have decried “copyright-trolling” as a scourge of the Internet. That places the subject matter and those who engage in it in the public eye and open to expression of opinion that may run contrary to their pursuits. I would venture to guess that the more you continue in this method of business, the more you will continue to be criticized by third parties as the Internet has a way of continuing to build on conflict.

As to the alleged use of the image of your headshot, this image has not been copied, reproduced, nor does it exist on the copyright-trolls.com server. The images were linked directly from outside sources, therefore no infringement occurred. US Courts have ruled that “linking” and “hot-linking” does NOT constitute direct copyright infringement. In the case of Perfect 10 v. Google, for example, the Ninth Circuit upheld the district court’s decision that hyperlinks did not infringe on copyright.  The court also agreed that including an inline link is not the same as hosting the material yourself. In addition, the use of the image would also fall under the “Fair Use Doctrine” which protects the use of another copyrighted work if its use is the subject of a criticism, commentary or parody of the subject.

In July of 2015, Florida expanded its anti-SLAPP laws. Florida’s anti-SLAPP law, Section 768.295 of the Florida Statutes, had historically applied to only those SLAPP suits filed by governmental entities; however, effective July 1, 2015, the law began to apply to SLAPP suits filed by anyone. The amended law will protect free speech in connection with public issues in two categories: (1) speech made before a governmental entity in connection with an issue that the governmental entity is considering or has under review; and (2) speech in connection with a play, movie, television program, radio broadcast, audiovisual work, book, magazine article, musical work, news report or similar works. Mr. Krausankas’ articles and the ensuing comments would fall under the second application of the law. The law provides for expeditious resolution of a SLAPP suit and an award of attorney’s fees to the prevailing party. Any lawsuit you might bring against my client will likely encourage my client to pursue anti-SLAPP sanctions and damages against you as provided by the recently-amended Florida anti-SLAPP statutes.

Mr. Krausankas and Copyright-trolls.com have every right to express negative opinions and make negative comments about you, about what you and others like you do and what effect what you do has on others and the legal system in general. Accordingly, I hope and expect that this communication ends this issue.

Sincerely,

OSCAR MICHELEN

OM:sjk

[Matthew Chan]

My comments inline...

I am guessing this guy was smart enough not to make the threats in writing. 

From what I was told, there was a very rough conversation and ugly words were exchanged. Of course, Albrizio tried to teach Robert a "lesson".

I wonder if he realizes how many friends Robert and Matthew have made through ELI.  These are all people who have been victims of copyright extortion schemes.  Many of these people feel a debt to Robert and Matthew and might be willing to step in and assist them in the event that they are unjustly targeted by this troll.

People coming out to support the cause has been known to happen!

These friends of Robert and Matthew encompass a wide range of society. Legal scholars, large business people, small mom and pop businesses, students and bloggers who may have gotten caught in a troll net; there's even the guy who offered to fly to Seattle to personally deliver a lead calling card to Timothy McCormack.

I plead the 5th here. One never knows what rabbits will be pulled out of a creative hat when circumstances warrant it. Don't mess with 1st Amendment / free speech folks is all I will say.

At first glance, a guy with a blog and a mission to end copyright trolling may look like easy pickings to a type A intimidator.  Be careful where you step, Mr. Albrizio.  The waters may be a lot deeper than they look.

As a certain Dash Poet (and her allies) found out 2 years ago. She took in a lot of salty water for swimming into the 1st Amendment riptides.

[Jerry Witt (mcfilms)]

When people try to prevent someone from reporting on copyright trolling, that's a big "nope" for me.

I got your back too, Robert.

[Matthew Chan]

WE have another legal threat being issued by Joel Albrizio. This time against "Amy" who has been very vocal against Joel and her belief he is trying to take advantage of prior iStockPhoto customers who downloaded his company's food images but getting an extortion letter anyway.

In other words, send the $8K letters and see if anyone is smart enough to push back. Guilty until you prove yourself innocent. While this has been reported by ELI about a number of copyright extortionists, I think it has been most egregious with Adlife from what I have heard.

Amy has been fairly relentless criticizing Joel and Adlife and it appears Joel is at the point he wants to silence Amy by telling her to entirely remove her comments. I think that is a lot to ask.

Read his "polite" threat email yourself and judge for yourself.

http://copyright-trolls.com/site/joelm-albrizio-adlife-marketing-president-sends-a-threatening-email/

[Jerry Witt (mcfilms)]

The irony is that iStockPhoto is owned by Getty Images, a company that is so notorious for sending demand letters that they have the biggest section of the Extortion Letter Info site. My suggestion would be to insist that iStock / Getty images intercede on your behalf in the case of all the images you licensed from them.

As far as Joel's claim of "defamatory, damaging and unnecessary" statements, it's pretty hard to respond to them if he didn't specify what they were.

[Matthew Chan]

Yes, the irony is not lost on me that it appears that iStockPhoto is ASSISTING Adlife victims in resolving these matters. iStockPhoto gets some credit here for not letting Adlife's letter victims twist in the wind because they were an iStockPhoto customer.

Yes, it is a bit self-serving of iStockPhoto but, big picture, a good thing nonetheless.

Also big picture, I don't recall any Getty Images or Masterfile letter asking for $8,000 per image either. But Adlife with Albrizio at the helm has some big gonads for sticking to the $8,000 number.

The irony is that iStockPhoto is owned by Getty Images, a company that is so notorious for sending demand letters that they have the biggest section of the Extortion Letter Info site.

[Robert Krausankas (BuddhaPi)]

But Adlife with Albrizio at the helm has some big gonads for sticking to the $8,000 number.

Don't pump up his ego anymore.