Letter scheme

[djsek]

how do you claim to help these people with letter?
you send form letter for $150 and then claim if getty pursues legally you will represent for $150 p/h
If getty filed 100 of these at once how would you defend?
it sounds like you are taking advantage of people .
please explain your process

[Matthew Chan]

I don't like the tone of your email.  Why are you here?  We don't have to explain anything especially with your premise we are taking advantage of people.  I say, go defend yourself then and don't read this website.  You apparently have not read this website thoroughly or listened to the audio interviews.  We are not going to lay it out on a silver platter based on an anonymous posting.

Exactly how are we taking advantage of people?  No one is strong-arming anyone to use Oscar's service.  I certainly get no financial compensation.  I asked Oscar to devise a program to help people and this is the accusation we get? Oscar makes no promise to accept everyone or anyone.  I certainly would not be inclined to assist you.  IN fact, I am tempted to delete your message altogether.

The Getty controversy is already tense enough for me without someone like you trying to pervert our intentions.  I promise you, Oscar was doing just fine before he ever encountered the Getty controversy.  Knowing Oscar, he will simply cut it off if he cannot properly take care of his clients.  In any case, the $150 is for his introductory service.  His rates go up from there.  How is that for disclosure.

This website has plenty of information, more than anywhere else on the Internet. What have you done to help anyone?

Matthew

[djsek]

if you deleted post then you would be hiding info.
just curious how he would defend me if they intiated proceedings upon me and 99 others in different jurisdictions

[djsek]

also i see you said " Knowing Oscar, he will simply cut it off if he cannot take care of his clients. In any case, the $150 is for his introductory service. His rates go up from there. How is that for disclosure. "

so after he would send letter and my hypothetical situation of 99 others getting served at same time i would have to scramble to find alternate representation?

so your saying the $150 p/h i read doesnt apply?

sorry but the whole thing seems to good to me and obviously with your response there are some holes in this idea.

I understand he is trying to help us unfortunate enough to have this situation but basic math tells me this would benefit him more than us.

[Matthew Chan]

You are right.  It is too good to be true.  Our solution does not cover every contingency, every situation, or every client.  There are huge gaping holes in what we provide.  After all, Oscar and I don't have anything else to do in our lives except deal with Getty and all the people receiving letters.  Yes, you have to pay for legal representation.  And the service is absolutely finite.  There is no unlimited representation.

Who are we to dispute your basic math?  After all, $15,000 for 100 clients is more than enough to pay Oscar's salary, his staff, and his overhead.  He is making a small fortune for $15,000.

And of course, I never checked Oscar's background out.  He was the first sleazy attorney I could find that was stupid and desperate enough to take this on.

You are absolutely right.  It is too good to be true.  You have busted our scam with one anonymous post.  Our entire website covering the Getty scandal with our real names and faces plastered here lacks credibility.  You have exposed holes to our program for everyone to see.  I am sure our other readers will be grateful to you.  We have nothing better to do than to scam 100 people for the enormous sum of $15,000.  How slick are we to put our names and faces up along with this scam we have come up with.  Oh, wait.  You will accuse us that we are not we are and we put up fake names and photos.

I have every belief you are so smart that you can set up a "competing" website or service with a much better solution than we came up with.  Show us what you can do vs. you tolerating this website with our half-ass solution.

Matthew
(For the humor-impaired, the entire post was written in sarcasm.)

P.S. Seriously, do us a favor.  Go defend yourself or go find your own attorney and stop reading this website.  It is clearly not up to your high standards.

[Matthew Chan]

Personally speaking, I would tell Oscar to not bother with you and go find another attorney.  If I were him, I wouldn't even waste my time responding to you.  You are right, it can't be done.  Don't waste time asking.

Forget the fact that his contact information is all over this website and you are too lazy to email him or phone him directly.  You prefer to make negative and cynical insinuations anonymously.

I say, go defend yourself.

Matthew

djsek Wrote:
-------------------------------------------------------
> if you deleted post then you would be hiding
> info.
> just curious how he would defend me if they
> intiated proceedings upon me and 99 others in
> different jurisdictions

[djsek]

do you think your sarcasm helps?
i asked legitamate questions..its called covering all bases
for all your claims that the information is on site to be read no were does it say his costs rise from $150 p/h it said his normal fee was $450 p/h but willing to do $150 then you said "His rates go up from there." you show me where i need to look on this site that it says that

and your attempt to belittle by saying $15,000? i was using reasonable # of people.fact is they have sent letters to thousands if not tens of thousands of companies.
i believe someone on FSB posted a similar question and you got just as upset there..why? if there is nothing to gain from yourself or oscar and this is truly to help people why get upset.My mother always said if it doesnt apply let it fly.

and i don't have to post unknown
David Kraham
google me

[djsek]

"While Getty has not filed a single lawsuit over this issue, I have also told my clients that I would reduce my hourly rate to $150.00 per hour should Getty sue them and should they decide to retain me as their litigation counsel. I make it clear that they are under no obligation to retain me as litigation counsel and they can terminate my services at any time. Paying the $150.00 for the letter(s) does not obligate them in any way to pay any further fees to my firm" oscar

doesn't say anywhere in there that it goes upward from there

[Oscar Michelen]

Dear David:

Let me respond to you in case others may have similar thoughts. I believe that Getty will not institute proceedings because they have a weak legal claim and the potential damages are non consequential.  That is expllained all over the site so I won't get into detail about our legal position. I also want to be clear that if Getty does institute legal proceedings, I stand by my word that my firm wiill represent any entity sued by Getty for the fee of $150.00 per hour. That rate will not go up. That's why it does not say it anywhere else on the site that "it will go up from there." Let me repeat.  It will NOT go up from there ever and yo uhave NO obligation to use us as litigation counsel at that rate either.

Matt is not an attorney but this website is very important to him so he gets justifiably upset when his reputation is wrongfully impugned. Before this site went up no one was taking an adverse position to Getty and people were just either settling for exorbitant sums or closing their businesses up. He put his heart and soul into putting up an informative site to try and give folks a place to go for info and support. He makes absolutely no money off the site at all.  None. Guaranteed. He should be receiving accolades (actually he has if you read some of the posts and if I were to post the numerous thank you letters from people all over the country most of whom DID NOT hire us for the letter).              

As for why I am doing it, that is also posted all over the site but let me repeat. It is not for the money. I have been practicing law since 1986, graduated magna cum laude near the top of my class, am an adjunct professor of law at a well known law school, and an experienced and seasoned litigator.  Just google my name if you would like to see some of the high profile matters I have been involved with. But as I tell my law students, sometimes you just have to do what's right.  I am blessed with a successful practice and a good living. My firm is a small litigation boutique (3 partners 3 associates) so the $150 essentially covers my employee's time to get the letters out and track responses, etc,  otherwise I would do it all pro bono.

If Getty began to file suits all over the country, I already have a plan of action for that in the event that I cannot handle all the cases. I don't want to go into detail, but every State has at least one law school with an intellectual property or litigation clinic. l have already been in contact with some. I am confident they would be willing to take on the defense in their State. I feel strongly that this will "come back to me one hundred fold" as a recent person told me. Call it good karma, call it a good deed call it what you will but don't call it a scam. Sometimes a good thing is just a good thing.  

I would like to speak with you in person.  Feel free to call my office if you are interested. 516 248 8000.

[Matthew Chan]

David,

I don't have a problem with questions but how they are asked makes a difference.  But let us go back to your original post.

> how do you claim to help these people with letter?
> you send form letter for $150 and then claim if getty pursues legally you will represent for $150 p/h
> If getty filed 100 of these at once how would you defend?
> it sounds like you are taking advantage of people .

You asked how we claimed to help people?  You trivialize the $150 service without getting all the facts?  You say it sounds like we are taking advantage of people?

For the relatively short amount of time I have been involved, I think I have assembled the most comprehensive research on the Internet and the Getty controversy and given it away freely.  I don't ask for anything and even the so-called "recognition" I get really is not entirely positive to my career.  And yet, I am insane enough to do it anyway.

Even your current reply has a tone of entitlement that you "deserve" an answer.  You don't.  I do my best to put as much information as possible.  I do my best to work with Oscar in a cooperative manner of which he has been incredibly generous.

And yes, I get very impatient and irate when people want to assume the worst of us.  If you wanted to ask a question, you could have asked without all the negative insinuations of how we can help people and how it seems like we are taking advantage of people.

Regarding FSB, same reason.  I tried to be open, helpful, and contributing.  Then some people started making cynical and conspiratorial comments about me and Oscar.  Then I try to unwind and clarify the thing, then other people are whining about wasting bandwidth.

So now, I have gone silent unless there is something serious to say.  I am thinking to myself that I am idiot for even keeping this site or discussion forum up at all and let Getty go after the legally ignorant or the spineless.

I took a stand and used my brain and spine.  I don't care if people want the freebies or hire Oscar.  What I definitely won't put up with is the conspiracy and cynical talk.  I also do not have to continue to explain and justify myself for trying to do some good.  That is simply ridiculous that I have to defend my efforts to provide resources to help others.

Matthew



djsek Wrote:
-------------------------------------------------------
> do you think your sarcasm helps?
> i asked legitamate questions..its called covering
> all bases
> for all your claims that the information is on
> site to be read no were does it say his costs rise
> from $150 p/h it said his normal fee was $450 p/h
> but willing to do $150 then you said "His rates go
> up from there." you show me where i need to look
> on this site that it says that
>
> and your attempt to belittle by saying $15,000? i
> was using reasonable # of people.fact is they have
> sent letters to thousands if not tens of thousands
> of companies.
> i believe someone on FSB posted a similar question
> and you got just as upset there..why? if there is
> nothing to gain from yourself or oscar and this is
> truly to help people why get upset.My mother
> always said if it doesnt apply let it fly.
>

[beedee]

Oscar, the first thing I have to say is that you and Matthew are to be commended for your stance on this. The case for the defence was given a tremendous boost through your public involvement in this case as a qualified legal person but ...

Before this site went up no one was taking an adverse position to Getty and people were just either settling for exorbitant sums or closing their businesses up.

This is not exactly true. I started the UK FSB (Federation of Small Businesses) thread on this back in February 2007 and I like to think that the many hours I and the other main contributors have spent on this since then have saved many people substantial sums of money.

Thanks again, keep up the good work and more power to your elbow. (tu)

[Matthew Chan]

Beedee,

Welcome to our forum.  Allow me to publicly acknowledge that Beedee is one of those few individuals who have put in more time than people realize selflessly helping others regarding the Getty Images Demand Letter controversy in the U.K.  His insights on the FSB discussion forum helped provide me insights on the U.S. side.

Beedee, you indirectly helped us with your contributions when I first started out as a FSB forum participant.  Allow me to publicly thank you for openly sharing your views and insights for the U.K. constituents which, in turn, helped your U.S. counterparts. I also thank you for coming to my defense when others began questioning my motives on FSB forums.

As Oscar has not yet "met" you on the FSB forums as I have, please allow me to introduce you to Oscar.  Oscar, please meet Beedee.  Beedee, meet Oscar. In FSB's 90-page post, Beedee has been tireless and far more patient than I ever could be.  

Beedee, allow me to invite you to these forums as a special guest for the U.K. contingent.  From what I can tell, you are an established businessman in the U.K. that is well qualified to speak to U.K. business matters and how Getty Images operates there.  Oscar and I have done our best to assist the International community but clearly we are limited to what we can do based in the U.S.

If you would like, I can launch a new page dedicated to the U.K. where you would be the chief contributor.  If there are articles you would like to submit, I would be happy to put them up for you and give you the appropriate credit.  Regardless of your decision, you are always welcome here with your great insights.

Matthew

[Oscar Michelen]

Dear Beedee:

I misspoke and should have said "first in the US" because your FSB forum has clearly been out in front on this issue well before our site.My apologies and please do not think that I do not appreciate all the incredible information on your forum. THank you for your kind words and thank you for all your effort on this issue.

[dorim]

djsek Wrote:
-------------------------------------------------------

> If getty filed 100 of these at once how would you
> defend?


I think a class action lawsuit would be the way to go.

[Oscar Michelen]

I have already answered this question and do not want to further detail every part of my action plan since I am sure Getty is monitoring this site.  But here is what I said to essentially the same question a few posts back:


If Getty began to file suits all over the country, I already have a plan of action for that in the event that I cannot handle all the cases. I don't want to go into detail, but every State has at least one law school with an intellectual property or litigation clinic. l have already been in contact with some. I am confident they would be willing to take on the defense in their State.


Hope this answers this question for you.