Received a Complaint from BWP Media USA

[rockview]

I know this thread hasn't been updated in a while, but I thought I would post here before starting my own and having some sort of meltdown on you guys.

I recently received a letter from this firm and their client, BWP. I removed the image and made the decision to take down my site as well. It was a site that I no longer used, but I kept it up. I'm not sure if this was the right thing to do, but I felt there was no need in keeping an inactive site.

After consulting with a lawyer, he basically laughed at this situation. He said it sounds like a scam to him and advised me to ignore it. I'm still paranoid that something will come of it though. My site was just a hobby and I wasn't making an actual profit from it. He think I should wait to see what happens, if anything. How likely is it that I will be contacted again by these people? It doesn't seem like they would send one letter and drop it. If they do reach out again, I will have my lawyer follow-up.

[Robert Krausankas (BuddhaPi)]

There is plenty of info in the forums regarding how you should move forward, it is solely your decision, get educated first, and go from there. You'll have 3 yrs to deal with this, and it's hard to say what they might or might not do.

[rockview]

There is plenty of info in the forums regarding how you should move forward, it is solely your decision, get educated first, and go from there. You'll have 3 yrs to deal with this, and it's hard to say what they might or might not do.

I've definitely been reading as much as possible on the experiences others have had.

I'm also curious because these people do not have my home address. How could they ever serve me with papers? In order to do so, someone would have to come into contact with you. According to my lawyer, when you're being served, those papers have to physically touch you, whether they are handed to you or thrown at you.

Since I don't use the site anymore, I was thinking of just getting rid of the domain, as it's due for renewal in a few months. Would it be wise to do this?

[stinger]

Getting rid of the domain does not magically absolve you of guilt.

The best way to deal with your paranoia is, as Robert suggests, to get educated so that you know what might happen. Few people get sued over one image, but there are cases where this can happen.  Learn all you can so you can plot the best strategy to deal with this, for yourself.

[rockview]

Getting rid of the domain does not magically absolve you of guilt.

The best way to deal with your paranoia is, as Robert suggests, to get educated so that you know what might happen. Few people get sued over one image, but there are cases where this can happen.  Learn all you can so you can plot the best strategy to deal with this, for yourself.

I wasn't trying to say that it did. But now that I've closed the site, there is no reason to keep the domain. I just wasn't sure if that looked worse on my part.

[Greg Troy (KeepFighting)]

It does not make you look worse.

[Robert Krausankas (BuddhaPi)]

being "unservable" is always a good thing IMHO

[rockview]

being "unservable" is always a good thing IMHO

That's what I'm hoping! Ha! I mean, they are sending these letters standard mail. It's not like they are sending them certified. They have no idea whether or not I have received it. So, how could they ever actually serve me and take me to court? I guess there's still a way, but I don't see how. As I was told by an attorney, I could be dead for all they know.

[rockview]

What is everyone basing their three year statute of limitations on? The date the photo was posted, the date they discovered the photo, or the date of the letter?

[Greg Troy (KeepFighting)]

Safest bet is to base it on the date of the letter, that is a known date and will be after any others that may be out there.  Once you hit 3 years from that date you should be in the clear.

[Robert Krausankas (BuddhaPi)]

if they wanted to serve you, they would simply knock on your door..BWP just lost a case, seems they could not follow simple rules of procedure, the court dismissed the case..

http://copyright-trolls.com/site/copyright-troll-craig-b-sanders-of-sanders-law-p-l-l-c-overruns-court-system/

and court documents are here: http://www.scribd.com/doc/253553479/RKCC-Defeats-BWP-Media-Claim

[JLorimer]

Robert, thanks for the link to that case. I hadn't seen that yet. After reading through it, I'm more convinced than ever that they only take screenshots and have no real proof. I couldn't believe that they refused to provide their evidence and then tried to show up at trial with different evidence. I'm glad I chose to wait it out.

[lucia]

I love the comments in the ruling at scribbed

The “webpage captures” are minuscule, no more than one-sixteenth of an inch wide and some four-and-a-half inches tall, and do not reveal any discernible images within. (See id .) Indeed, it is not possible to confirm plaintiff’s assertion that the exhibit represents a website

The whole thing is pretty funny though.

[Sandra Rose]

I also saw Sandra Rose's impending lawsuit has made a bit of a splash in the new year.  Anybody have any helpful new info?

Thanks for asking.

BWP Media took too long to serve me after filing this case in Dec. 2013. So, after the deadline to serve me had already passed, the lawyer asked the court for an extension to serve me in August 2013. Unbelievably, the judge approved the extension. All this time I had no idea I was even being sued. BWP's attorney, Sanders Law, hired a local process server who didn't even attempt to find me even though he had my home address. He went straight to the secretary of state and served the desk clerk. Apparently, if you own a LLC in Georgia, it is legal to serve the secretary of state instead of serving me at my residence or place of business. Of course, the secretary of state didn't notify me that they received a summons for my company. So a year later, in January 2015, the judge ruled a default judgment against me for $57,000 and some change. I found out about the judgment from a California lawyer. The court didn't bother to mail me the judgment even though my address is listed on the secretary of state's website. Now my lawyer is listed on my LLC as my registered agent to received service of summons. My lawyer is preparing to file a motion to vacate on the grounds that I was not properly served and the deadline to serve me had already passed.

By the way, thank you to Matthew and Oscar Michelen for their EXCELLENT advice!

[stinger]

GA again?

What kinda law they practice down there?