Let me set the proper context here. My original post had little to do with McCormack's office although they were casually mentioned in my post. They were more directed to Glen Carner and his new program.
So, we now have an attorney who can't read and interpret properly. Good thing that post is out in the public for everyone to read. Sounds likes Timmy has a guilty conscience or something.
http://www.extortionletterinfo.com/forum/getty-images-letter-forum/recording-copyright-extortion-collection-telephone-calls/You will see that it is MY position on it with the proper context of what I would do. I did not tell anyone to unilaterally record phone conversations on a whim. Nevertheless, I believe there are times in life you do what you need to do in self-defense (or aggressive reporting as I do) to collect the information (evidence) you need.
How many hidden cameras do you see on TV on these news expose's? These expose's were not done with the subject's permission. The second you reveal you are recording, it changes the behavior of the subject you are trying to "catch in the act". Plain and simple.
Anyone can quote stuff like it's illegal and all that. Well, so is speeding 5-mph over the speed limit, talking or texting on cell phones in some states, radar detectors in some states, some sex acts in some states, etc. Whether anyone wants to admit it or not people do these things on a "calculated risk" basis.
I interpret the "eavesdropping" law for to deter people from abusing it, not when you are doing investigative reporting or defending yourself. And how about all the abusive collection agencies calls that have been recorded over the years? I don't think one person ever got prosecuted for recording an abusive call.
It is all about CONTEXT and PURPOSE.Just like the criminal section of the copyright law, it was intended for other infringements, not the small scale stuff we see everyday.
I am not going to try to convince everyone to record phone conversations because different people have different concerns about this. I state my position and everyone else can state their position. But for those of you who don't want to be bullied or being walked on, this is a legitimate tactic. Besides, what prosecutor wants to be known for going after a little guy over a self-defense recording? Anyone hear of the "Streisand Effect"?
Quite frankly, the fact that McCormack felt the need to issue the letter to Oscar (although I wrote the post) shows that he is worried some people may record phone calls to protect themselves. If his office is conducting themselves appropriately, what is the worry here?
So, in many ways the fact that I wrote my post gives the copyright extortion industry fair notice that the possibility exists to record a copyright extortion phone call.
Remember people, I am pretty good at getting most bullies (not all) off of me. I do whatever it takes.
Oscar did proper lawyerly thing and posted the obligatory warnings and it hasn't changed my opinion one bit.
It's interesting how this topic was buried but thanks to McCormack, it's back on top again!
Hey Timmy, how has legally threatening (clubbing baby seals is the image that comes to my mind) people worked for you on the copyright extortion front? Not so good eh? I heard you had to cry to mommy Getty about your State Bar complaints. How does your file with the Attorney General look? I haven't checked lately. Don't worry, I am confident you will not be disbarred by any of this. It is only a "frivolous complaint" against your record. Nothing your stellar "copyright cow" reputation can't handle.
You can keep on going with your "Collections Business". How does it feel running a collection agency? Fun business.
BTW, why are your new settlement letters suddenly so short nowadays? I guess it is because your toner cartridge expenses were getting too high and you were concerned about killing too many trees.
Hey, if one of your bitchy paralegals steps out of line and I get a recording of that, you want to prosecute the person recording it? Ever heard of the "Streisand Effect"? You may want to read up on the "Funnyjunk Lawyer Charles Carreon". Which lawyer wants to be next Charles Carreon? Which lawyer is going to be used for target practice by the Internet community?
Don't you just hate it when all these annoying people keep emailing me their "confidential" information and paperwork? So many people want revenge and payback. Do you know even know how many people despise you and your staff? But hey, keep up the good work. I hear you have some fat cows to feed (I meant the "copyright cow").
Thanks for putting the phone recording topic back on top again! It had already been dismissed and buried. But with Oscar and your attention on it? It's a hot topic again for debate.
I probably need to get April Brown to talk about YOU on her next Seattle radio interview!