Looking for more info on actual and expected results from defense letter program

[Extortion-Victim-No Longer]

It is an old story & everyone on ELI have been there in a positive way...

[Peeved]

Every time I hear EVNL's story it makes me want to pound "Sand"...... just for starters.

My understanding is that Brandon Sand no longer works for HAN. Ok...that is a "good" thing. I have to wonder however HOW MANY OTHER PEOPLE had this done to them who did not come forward like EVNL? HOW MANY OTHERS PAID due to this kind of fear?

Without addressing the "fear factor" one has to think these stock companies / trolls are well aware that a certain number of people will roll over and pay and they will have to write off a certain percentage, which is probably figured into the "demand amount".. I have yet to see an image that's worth more than the 10 bucks as they are offered on Hawaiian Art Networks site, and even that's a stretch.

Sorry Budd...I put the "fear factor" into the equation due to the exorbitant extent from this particular attorney. My personal opinion is that 10 grand and jail time may increase the odds of a person rolling over and paying, in particular the "jail time" threat. It was thankfully however not to be so in EVNL's case! I just wonder how many others it WAS the case.
 

[Matthew Chan]

Your case is out of the norm. We beat the crap out of Brandon and he wanted out really badly and quickly. He couldn't take the ELI heat.

I hired Oscar & my case was solved within days! He is
worth every cent he is asking & a lot more.

[Matthew Chan]

I don't want you to take this the wrong way but the fact you were so affected only made you an easier target to come after.  That is the kind of thing that doesn't help you and I highly discourage public display of it.

You had the smarts to find ELI, make contact, and hire Oscar.  In a way, you were "lucky" the Brandon was so dumb to try to get $10K off of one image.  That only incensed Oscar and I more and we did more than we normally would to come after young Brandon.

I say things that are unpopular and probably rubs people the wrong way. But can you imagine if the ELI forums became overrun with people in fearing with their imaginations running wild?  Compare that to a whole bunch of people who are outspoken, fighting mad, putting their brains together, and joining forces to to fight back.

I really believe "like attracts like". You ask why you keep coming back even though your case is over? There is some part of you that is similar to the rest of us. AS you said, you might have lapsed in this case but you are probably outspoken and strong in other areas of your life.  Either that or you like hanging around us mean, rebellious, vigilante types! 

I was tormented for over 3 weeks with that fear until the moment I called Matthew & Oscar. One of the best patent attorneys in my community felt I had no chance of getting any kind of a break on it.

Why weren't you responsive when I was in tears telling you I was afraid of what would happen to my son?  Before I spoke with ELI & Oscar, as far as I knew, you could have won in court for the $10,000...All it would have done is bankrupt us as my husband & I were just starting a new marriage & came together without any assets, I tried to explain this to all involved. I also provided evidence that
I was being honest about my financial situation at that time.

The only thing I had to lose was my freedom & the well being of my son. Mr. Tylor's wife seemed to understand my position when she tried to tell me no one goes to jail. I would think she of all people would have responded to the real fear she heard in my voice. When I apologised to her, I truly meant it. But she had me contact you, you know the rest of the story. Why would HAN & Brandon Sand have me believing I would ever even spend 1 day in prison? Brandon Sand however felt I should be reminded that the law is the law & kept me on the hook for over 3 weeks, that is a long time.

Matthew teaches the ELI community to "get it together"...My whole life, I have always been strong, nothing has ever stopped me in my tracks like this.

I am not here for vengeance, only for truth, life is too short & too sweet for that, I am here to help others.
If you are really here to make a difference in the way that you collect, are you telling me & all of ELI that this will not happen again to some other naive fool such as I? Tell you what, this will be my last post where I mention your name or anyone else that was involved. I forgive you all. Maybe if you can forgive yourselves, a greater change will come. Don't get me wrong, I'm happy you are trying to turn over a new leaf by making a positive less intrusive change & while you do that, please remember what I went through & how hard it must have been for me to think of being separated from my son.

[aimiyo]

Well one thing caught my eye in this thread---you were thinking of handling it pro se (by yourself).

Take it from a lesson I learned which was I cant defend my own company by law. If its you and not your company you legally can,  but it may be a waste. Unless you want to just pay them to get them off your back or admit to everything and throw yourself at the mercy of the court asking for less of a fee, or sit around blogging about it until you get a lawsuit I would act. The longer you wait , the deeper it may go.

I get the feeling that you do not have the ability to go up against professionals whose main goal is to win at any cost. So hire yourself a lawyer, pay Mathew to guide you or Hire Oscar. The  main thing is do something.

I am sure you are a nice normal person but, this issue is a tough one few can handle alone. The fact is most lawyers who are not IP attorneys do not know the field so do not expect you will know what to do on your own.

Michael

[lucia]

The more I look at it, the more I can see just how much better Oscar's letter is than anything any non-specialist would write.  It's short, and gracious, but simultaneously

1) Does not reveal anything remotely to the clients detriment.   
2) Indicates lack of evidence that the image was copyrighted.
3) Without admitting any guilt, graciously agrees remove the image. (This is the right thing to do and limits future liability).
4) Demurs about price charged.
5) Without suggesting a specific price, requests letter writer explain basis for monetary demand.
6) Requests evidence that letter writer is proper party to pursue a claim.
7) Mentions any information that, if brought to court, might result in lowered or no judgement at all for letter writer.
   -- 3rd party accusations of seeding.
Points out courts generally do not aware claims anywhere near amount requested.
9) Gives general evidence that might suggest the image has no value at all and use results in no harm.


I know many of us who wrote our own letter regret that we overshared. While I hotlinked and so couldn't hurt myself much with the letter, I do regret that I mentioned the site that hosted the image. I would have preferred Getty figure that out on their own. (And if they didn't have the information, I would prefer they never found out.)

The fact is: Even with tips, few letter recipients are going to know how to craft the most effective possible letter. That doesn't mean everyone needs to hire Oscar, but you can see that there is value there.

[Extortion-Victim-No Longer]

I really believe "like attracts like". You ask why you keep coming back even though your case is over? There is some part of you that is similar to the rest of us. AS you said, you might have lapsed in this case but you are probably outspoken and strong in other areas of your life.  Either that or you like hanging around us mean, rebellious, vigilante types! 

No I won't take this the wrong way but let me be clear that my personality is far from that of being a push over. I make my own mind up on matters & all know why this brought me to my knees. Everyone has fear over something & for me,  going to jail is right up there with drowning or burning alive. I had every reason to believe this could happen after reading § 1204. Criminal offenses and penalties . My work  & moral ethic, will & determination in life have always been strong. There is almost nothing I won't try & tackle myself regarding just about anything. In this situation, thankful I had the luck to stumble upon the professional services of Oscar & ELI. Of all the lawyers I could have found & fortunately for me, ELI was the first thing that came up on Google when I began researching my options. I'm the furthest thing from the fearful person I became over all this. I guess the old saying applies, live & learn & I have.

[Mote]

@SoylentGreen, thanks for your reply.

No matter which lawyer one may retain, he/she will NEVER guarantee anything.

I completely understand that, I was only asking what's likely / possible / plausible / common / etc.

Retaining a lawyer such as Oscar means that the harassment ends, and the likelihood of anything else ever happening is tiny (unless you have a very large issue at hand).

This is similar to what others have posted, and as I've said before, that sounds good, and I'll refrain from rehashing the rest of my earlier responses.

[Mote]

@buddhapi, thanks for your reply.

It seems like you didn't really want to share that story, so I won't say "thanks" in case that would seem patronizing, but I certainly found it interesting.

Will they sue YOU, nobody can tell you this, will they contact oscar more than once NO ONE KNOWS!

I totally understand that no one can predict what will happen in any given case, that's why I was wondering about how past cases have played out.  I think your story may be the only one that I've seen that describes the sequence of events and what ultimately ended up happening in the long run as a result of using the DLP.

End of story..I'm done, good luck.

Thanks.

[Mote]

It is an old story & everyone on ELI have been there in a positive way...

I realized that what I wrote could be misinterpreted.  What I meant is the response here in this post, not here on this forum in general.

[Mote]

Hello @aimiyo, was your post directed at me or someone else?

Well one thing caught my eye in this thread---you were thinking of handling it pro se (by yourself).

If this is directed at me, I think you're referring to me suggesting I might write my own letters, I never meant that I might try to represent myself in court.

Take it from a lesson I learned which was I cant defend my own company by law.

Thanks for pointing that out -- I only became aware of that while researching this issue.

I get the feeling that you do not have the ability to go up against professionals whose main goal is to win at any cost. So hire yourself a lawyer, pay Mathew to guide you or Hire Oscar. The  main thing is do something.

I am sure you are a nice normal person but, this issue is a tough one few can handle alone. The fact is most lawyers who are not IP attorneys do not know the field so do not expect you will know what to do on your own.

Again, is this directed at me or someone else?

[aimiyo]

Mote yes it was directed at you.