Masterfile Corporatopn

[xtOrted87]

Hello To Each and All,

I decided to make my own account on this site to seek help/advice regarding a company called Masterfile Corporation.  Few months ago, my husband decided to make his own computer repair shop online through 411 in Calgary,Canada. to make a decent living. After two weeks of having his account active, he decided to cancel the account with 411 and he forget about it. And before that, he uploaded a photo for his account through the help of Mr.Google images.
Fast forward, he uploaded a photo unknowingly that it was owned by Masterfile Corporation. As of today, we received a demand letter that we need to cease and desist using their photo and that they are sending us with an invoice amounting 10,572CAD. Both of us we're triggered with our emotions. We're both ordinary workers and where do we get this huge amount??? It may take years for us to pay this huge amount. Now, my husband told me that, he called 411 long before to cancel his account.  And he never thought that the account was still existing as per writing this entry. I try calling 411 but they're not open.We will communicate with them on Monday and before that we will call 411 to cancel his account(again) before contacting MasterFile Corp.

 Now I have several questions.

1. Should we communicate with them or Should we just forget about it. I've read alot of people complain online already and some would say that it's a SCAM.
2. We can't afford the amount more than ten thousand dollars. Should I tell them to just put my husband in jail?
3. What are the pros and cons of this situation?

I would appreciate all your future comment,suggestions and help on this matter. Thank and have a good weekend


**disturbedWife**

[Robert Krausankas (BuddhaPi)]

Dearest Disturbed Wife,  ( i have one of those too!)

you husband can't go to jail over this it's a civil, not a criminal matter...

tell me about this 411 thing? what is it, was the image in question uploaded to the 411 account? does your husband own 411.com or whatever?

if the image is on 411 servers and you husband doesn't own 411, then technically speaking 411 is infringing and not your husband. I would not communicate with them at this point until you get all of the facts straightened out. Masterfail will most likely not sue you or anybody else over 1 image..

It would greatly help if you could supply a link to this page in question...it sounds to me like he may have nothing to worry about.

[xtOrted87]

Hi Sir Robert,

Thank you so much for your swift reply. Here I am sharing the link of the website, as per writing we already removed all the details on this page. Regarding www.411.ca its almost as the same as a yellow pages where people advertised and sells their services and products. My husband does not owned the site at all. we just paid for him to have his account, but after that he was not satisfied and and called 411.ca to cancel his account. It was on for 3 months without him logging in, he wasn't active then and for the reason he decided to cancel it. And  he wasn't able to get any job from that site. But its just very disappointing that 411.ca didn't cancelled his account. They didn't do their job and how come it took Masterfile Corp. 7 months to traced their image on his inactive page at 411? He was charged for 105CaD for 3 months and after cancelling his account he was reimbursed with his money.

My concern is, the image that he uploaded as his thumbnail picture didn't showed with a watermark (masterfile) owned by that shark company.  I am not really familiar with Online Infringement as I am trying to educate myself as this matter to me right now. The image that my husband uploaded does not say anything that it is owned by Masterfile. Because if that's their property they could have put a water mark stating that its under their intellectual rights, and to have people aware of it. It's worst than a mouse trap. Is that how they gain money? I just dont have the right words to say. And I've read they won a case??? My husband and I really appreciates all your opinions on this matter.

http://50.57.85.140/Instasite/instasite.php <--- the site for his account at 411 (this one does not work) but when you click on the second link below this one, on the right side of the window, you can click the word my website.

http://411.ca/ac/dashboard/business/9111781 <411 website

[Robert Krausankas (BuddhaPi)]

I'm going to be quick and to the point here, hopefully our Canadian user will chime in as well.

Legally speaking ( at least in the US) no watermark is needed, copyright is automatic upon creation of the image. Yes masterfail has won, but they have also just LOST a very large suit, and it is very unlikely they will sue over 1 image, so don't worry so much about this aspect.

As your husband does not own that domain/website, and the account was closed down months ago, it would be nearly impossible for Masterfile to prove who uploaded what and when. it is up to them to prove the infringement, although they would like you believe otherwise.

who's to say that I did not log into that account and upload something??. I'm still thinking i would not communicate with masterfail, and if you do decide to speak with them, make sure everything is sent thru postal mail...NO emails, NO phone calls, explain to them the business has been gone for however long, and the account was cancelled at 411 long ago, and they did not due teir part to remove the page.

[xtOrted87]

Hi Sir Robert,

Thank you so much for your reply and your help in this matter! Today I called 411 and told them that I want them to delete the add from their site. They told me that after the three months trial period where the ad is on the first page, the ad will go back to a standard ad, that means it will not be on the first page. It will take approximately 24 hours to delete the ad.

We talked about that Masterfile will very likely not sue me because it is only one picture. What, in your opinion, are they going to do regarding the so-called "compliance fee"? They state that the $6,016.50 which I am supposed to pay is the right to have the picture up until October 25th 2012

One other thing, event though the refer to their webpage (Masterfile) where we can see the picture with the watermark, they also attached some print screens from the 411 page with the picture in questions, but there it doesn't show a watermark.

Sir Robert, thank you again for your help. We will be in touch when we receive another letter from Masterfile.

Husband

[Robert Krausankas (BuddhaPi)]

Strictly my opinion...

1. they are not going to do anything, except send you more nasty letters.
2. watermark or no watermark doesn't mean they have exclusive license to this image.
3. very few "pictures" are worth that kind of money, and no judge in his right mind would award such an amount.
4. the same image may be available elsewhere..
5. screen shots of you site, are only used as a scare tactic, being as you do not own the domain, they would have to "prove" that you yourself uploaded said image ( nearly impossible)

[Greg Troy (KeepFighting)]

I'll throw in a second opinion…

I concur with Robert that it is highly unlikely they will do anything besides trying to harass and intimidate you into paying and I think they will have a hard time justifying the amount they are asking for before a judge.