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Author Topic: Another Victim  (Read 16863 times)

Mulligan

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Re: Another Victim
« Reply #15 on: August 09, 2012, 03:17:35 PM »
In my case, I'm about to celebrate my one year anniversary with these trolls. After telling Getty, "No proof, no money," Getty "escalated" to copyright troll Timothy B. McCormack.

After telling McCormack and his copyright troll paralegal Ashanti A. Taylor, "No proof, no money," Ashanti wrote back that they would recommend litigation to Getty Images.

At this point, I'm once again in limbo, waiting for the next round of bullshit.

It doesn't go on forever, but Oscar says he's seen from half a dozen to a dozen letters from Getty and its assorted compadres before the end is reached.

The statute of limitations runs out after three years, so be prepared for periodic threats and warnings from these clowns for that length of time.

At this point, I will repeat my "No proof, no money" mantra to any new Getty collection types who contact me by postal mail. I do not do email or phone calls with these folks.

The stress with all this wears off pretty quickly once you realize it's nothing but a manipulative game these people are playing to extract exorbitant payments from honest and easily intimidated people.

Whereas I used to shit my pants when the first few letters arrived, I don't even hiccup when a new letter comes in -- sweetly timed, it seems, to arrive just when I'm starting to think, "Ah, the bastards have given up."

danaisle

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Re: Another Victim
« Reply #16 on: August 09, 2012, 04:22:19 PM »
Thanks, Mulligan! My fear has indeed been neutralized by knowledge.

When I saw the last email from Getty arrive on my iPhone, I waited until I was in front of my computer, seated and calm, to read it. And it was nothing; she just forwarded her previous email.

When I got the Fedex envelope today, it was clear that everything I've been told is spot on. They've got nothing but tenacity and ill will. No proof of copyright is or will be offered. So here's what I'm writing back:

"Dear Ms. Davis,
I have acted in good faith to resolve this matter. You have not satisfied the burden of proof for your claim and I will therefore consider this matter closed.
Kindly refrain from any further contact with me or I will refer this matter to my attorney."

Signed by me and cc'ing Matt and Oscar.

Having enjoyed a recent victory on a different front (an insurance company, where I got an unexpectedly excellent outcome after having written a letter to the right person), I feel a lot stronger. And knowing I can always go to a pro if it gets to be more than I can handle (and so far, so good; the original letter was the scariest part of this whole mess) helps me maintain my resolve. I really appreciate the support.
Honesty. Integrity. Creativity. Assertiveness.

Robert Krausankas (BuddhaPi)

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Re: Another Victim
« Reply #17 on: August 09, 2012, 04:39:07 PM »
Thanx for the name drop, I'll promptly add Janea Davis to the ever growing list of copyright trolls..Mulligan sums it up nicely..3 years of threatening letters, never showing any proof. wasn't the image in question incorporated into something in your portfolio??, they tried this crap before to no avail...

LOL, when Mulligan first got here, he was shitting all over himself on a daily basis, but we cured him of that.
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
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stinger

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Re: Another Victim
« Reply #18 on: August 09, 2012, 05:29:00 PM »
I would recommend one other thing in your response.  Let them know that you consider their threatening communication with no proof of their claim "harassment".  Ask that it stop immediately. 

They are after all (bad) copyright attorneys.  The threat of your lawyer in a copyright court may not seem as dire (to them) as putting them in a court where they are a bit less familiar - where you might choose to bring harassment charges.  This might make them bother you less.

If they keep bothering you, proving harassment should be pretty easy if they make threats, you ask for proof, they give you none but keep making threats, you ask for threats to stop and proof.  If they keep making threats, it becomes harassment.

I am not an attorney, but I have seen a number of people on this site say that asking for the harassment to stop, has helped.

danaisle

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Re: Another Victim
« Reply #19 on: August 10, 2012, 09:52:08 AM »
Thanks for the advice. I have amended my latest letter:

"Dear Ms. Davis,
I have acted in good faith to resolve this matter. You have not satisfied the burden of proof for your claim and I will therefore consider this matter closed.
Any further contact will be deemed harassment and  I will refer this matter to my attorney if you do not cease and desist."

I'll be back with more as the story unfolds ;-)
Honesty. Integrity. Creativity. Assertiveness.

 

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