Hawaiian Art Network v. Aloha Plastic Surgery (quick update)

[Robert Krausankas (BuddhaPi)]

As some or most of you know I have been in direct contact with Aloha on several occasions regarding the case with Hawaiian Art Network. With all of the chatter in regards to HAN the last couple of days I thought it would be a good idea to give a brief update of the goings on and what might be down the road. There are some points that I cannot divulge at this time, but let it be known that I have suggested to APS (Aloha Plastic Surgery) that it would be in his best interest to get on the forums, state his case and that the ELI community would stand behind him. I'm not really in the position to be the middle man and rally the troops, this has to fall on APS.

With that being said, the hearing on the default judgment will be held one day next week, provided that it gets overturned, and this goes to the next step, we may be in a position to assist ( again only if he is willing to elicit our help ) There are some interesting angles this would be fought on and even though I'm a layman at best, I think the case has some good merits and he might have a chance to beat HAN down. One thing that would be super helpful is we can get the latest HAN letter recipients to all pull together and pools resources, information, and anything else that could be helpful. All we need is one win to severly ding HAN and VK Tylors practices.

To get a better feel for this case if you haven't already and you might be able to lend support be sure to read this thread:
http://www.extortionletterinfo.com/forum/getty-images-letter-forum/hawaiian-art-network-llc-v-aloha-plastic-surgery-update/

[Peeved]

I am keeping fingers crossed tight that this thing gets overturned and is allowed to proceed with their defenses!

Recap Defenses:
entrapment, enticement, honeypotting, lack of copyright registration or fatally defective copyright registration, fraud, estoppels, illegality, consent, waiver, release, abandonment, acquiescence, recession, abrogation, accord and satisfaction, license, implied license, set-off or off-set, unconscionability, mistake, copyright misuse, unclean hands, that plaintiffs abandoned any copyright inhering in the subject photographs and/or that the subject photographs are in the public domain, fair use and/or de minimus infringement, innocent intent, that such injuries or damages were proximately caused by acts or omissions of Plaintiffs and /or its affiliates or others outside the control of Defendants, and not be the acts or omissions of Defendants, lack of standing, laches, and failure to mitigate.

It is quite convenient that VKT has managed to "register" with the U.S. Copyright Office all images that are involved regarding demand letters and lawsuits. It also Peevs me that the defendants are consistantly flat out accused of "removing copyright information" themselves or cropping it out therefore stating that the defendants have "willfully infringed".
What a load of crap!

Keep us posted Budd and thanks for the update!

[Robert Krausankas (BuddhaPi)]

I have not looked thru everything, but it appears that his registrations were done in bulk, or compilations, which could prove to be problematic for Vincent K Tylor, not to mention the whole webshot thing where they sold cd's of his images...

[Peeved]

I have not looked thru everything, but it appears that his registrations were done in bulk, or compilations, which could prove to be problematic for Vincent K Tylor, not to mention the whole webshot thing where they sold cd's of his images...

EXCELLENT news! Wishing Aloha the best!
 

[Moe Hacken]

Wishing for the best, APS. We're here if you need us. Let us know and I'll package everything I've researched on HAN/VKT images and send it right over.

[Greg Troy (KeepFighting)]

That is awesome, hopefully HAN will back down now and leave them alone.

[Robert Krausankas (BuddhaPi)]

It would appear the default judgement has indeed been set aside, in the HAN v. Aloha Plastic Surgery Case..a step in the right direction!

COURT ACTION: EP:
1. Plaintiffs' Motion for Default Judgment Against Defendant Aloha Plastic Surgery,
LLC [12]
2. Motion to Set Aside Default Against Defendant Aloha Plastic Surgery, LLC [15]
Michael Pasquale present on behalf of Aloha Plastic Surgery.
Plaintiffs' Motion for Default Judgment Against Defendant Aloha Plastic Surgery, LLC
[12]. Motion denied without prejudice. Mr. Street to prepare the Order.
Motion to Set Aside Default Against Defendant Aloha Plastic Surgery, LLC [15].
Motion granted. Defendant to file a responsive pleading by 5/17/12. Rule 16 Scheduling
Conference set 5/18/12 at 9:00am before Judge Chang. Ms. Melchor to prepare the
Order.
Submitted by: Shari Afuso, Courtroom Manager

[SoylentGreen]

The first nail in the H.A.N./Tylor coffin.

S.G.

[Robert Krausankas (BuddhaPi)]

Nails in coffins are good, but stakes thru the heart suit me better! I'm hoping to get a further update in the very near future..

[Jerry Witt (mcfilms)]

Very good news indeed.