Messages

46

Higbee Associates Letter & Lawsuits Forum / Re: Higbee continues to make demands!

« on: May 25, 2018, 11:00:24 AM »

@Joan X

Stop fretting about what hasn't happened and continue what you're doing.  Don't fall into the "what if" trap because that's exactly how they want you to feel, like a scared rabbit.  DO NOT CONTACT Higbee!  The moment you do that you get put on their "We got'em!" list and the harassment gets worse.  And let's clear up this point.  By not responding doesn't really mean you're ignoring them.  I suggest putting all emails and letters in a folder.  Keep everything.  After doing that move on with your real life and don't give them a second thought.  The chances of getting a suit filed against you I would say are in the single digits.  You're concern is to not fall into the "scared zone".  Read and learn the forum.  Knowledge is power. 

47

Higbee Associates Letter & Lawsuits Forum / Re: Copyright Registration Question

« on: May 23, 2018, 12:09:51 PM »

In this video an IP lawyer says in a copyright case a plaintiff can only sue for actual damages or statutory damages.  Not both! 

48

Higbee Associates Letter & Lawsuits Forum / Re: Copyright Registration Question

« on: May 23, 2018, 10:15:00 AM »

In order to sue for statutory damages registration must occur within 3 months of creation/publication.  That leaves actual damages case which is a much harder burden for then to prove.  Higbee likes to include in his demand letters that they can sue for actual and statutory damages.  That's a bunch of bull.  They must choose one or the other, not both.  In your case, they don't have a log to stand on for a statutory case. 

49

Higbee Associates Letter & Lawsuits Forum / Re: Letter from Lynn Burke, Sanders Law

« on: May 21, 2018, 12:31:54 PM »

Do you know if these attorneys have tried to file suits against anyone that ignored their extortion tactics??

The overwhelming majority of demand letters sent do not end in a law suit.  A very small number are filed against big money plaintiffs.  Trolls make their money on scared people who cough up the cash right away.  Which one do you want to be?

50

Higbee Associates Letter & Lawsuits Forum / Re: Letter from Lynn Burke, Sanders Law

« on: May 18, 2018, 11:06:00 AM »

Copyright cases can only be handled in Federal court-period! 

51

Higbee Associates Letter & Lawsuits Forum / Re: Photo used with no copyright registration

« on: May 09, 2018, 10:18:03 AM »

The only way Higbee can file a suit for statutory damages is if the photo was registered with the copyright office within 3 months of publication.  Otherwise they would have to prove actual damages which is a bigger pain in the ass for them.  Making contact with them was you first mistake.  Giving them nomoney would be your biggest. 

52

Higbee Associates Letter & Lawsuits Forum / Re: A new twist on Higbee

« on: April 09, 2018, 10:00:47 AM »

@DrumGuy23

This is the approach I advocate but not everyone can do.  But, like it was told to me by my attorney cousin of mine, nothing is real until and actual summons and complaint filed in federal court.  Until then it's just a lawyer asking you to pay money via threat and intimidation.  What sucks about it is that the situation last for three years.  But, here's the deal.  Three years goes by in a blink of an eye.  Especially if real life comes to play: taking care of kids, dealing with elderly parents, keeping a job, keeping a marriage together, how do I pay back this student loan, you know real life stuff that we all have to deal with.  So what's a letter or email or phone call from Higbee?  It's gum stuck on the bottom of your shoe. 

53

Higbee Associates Letter & Lawsuits Forum / Re: Higbee Fraud (class action for people who have already settled?)

« on: April 06, 2018, 04:46:39 PM »

Hello All,

He's lying through his teeth!  By judgment if you mean a copyright infringement case going to the trial stage and a verdict by a jury, I haven't seen one yet.  That's not what Higbee is about.  He's not even a intellectual property lawyer. He makes his money by what he did to you, scaring them into paying.  Otherwise known as snatching up the low hanging fruit by the threat of filing without actually filing a suit.  How much did you settle for? 

54

Higbee Associates Letter & Lawsuits Forum / Re: NY Supreme Court Disqualifies Higbee lawyer: Virtual offices not sufficient

« on: April 04, 2018, 02:31:40 PM »

This explains why Higbee has hired a new lawyer and his name is Ryan E. Carreon.  Sorry, I named the wrong lawyer earlier. 

https://www.higbeeassociates.com/about/attorneys/ryan-carreon/

Thank you Matthew!

Those articles are GOLDEN for New York resident that have to deal with Mathew Higbee and his questionable ethics.  A federal court has said so as much. 

55

Higbee Associates Letter & Lawsuits Forum / Re: Receive extortion letter from Matthew K. Higbee today - need advice

« on: April 02, 2018, 10:53:53 AM »

Get a manila folder and stick the Higbee demand letter and sit tight.  If you get any more letters or emails stick it into the file.  DO NOT contact Higbee thinking you can negotiate because it you do you'll be put on "We can "F" with him list"  You don't want that.  In the meantime get educated. 

56

Getty Images Letter Forum / Re: Oscar Michelen: Court Calls Out

« on: March 15, 2018, 10:39:12 AM »

Thank you so much Matt for posting this link.  Oscar Michelen's article is a gold mine of information for it confirms my own research into how Mathew Higbee operates.  Every one of the cases he files gets settled before the pre-conference and discovery schedule ever gets set up.  Can Higbee or his associates  be far behind for the cases he's filed in SDNY? 

57

Getty Images Letter Forum / Re: PicRights Too

« on: March 12, 2018, 01:40:58 PM »

Analyze the percentages.  If the percentage of settlements attained by copyright trolls is very low (getting low hanging fruit to cough up cash) Yet it's still lucrative enough for trolls to make it worth their while, then the overwhelming majority of people are in essence ignoring the trolls.  What does it mean?  Three years of getting emails, letters and maybe phone calls threatening to file suit in 15 days if you don't settle.  The deadline come and goes and the troll gives you a new deadline.  Some people can tolerate it because they have lives to live.  Other freak out and settle within the first deadline.  It becomes an individual experience.     

58

Getty Images Letter Forum / Re: PicRights Too

« on: March 06, 2018, 11:16:46 AM »

I think you've done more than enough already.  You're post is a good illustration as to why it's a mistake to engage with copyright trolls in the first place.  This is not meant to criticize your actions.  You acted like a responsible person looking to do the right thing.  Unfortunately, copyright trolls are maggots and all your professionalism got you nowhere, did it?  What it actually did was alert the troll to mess with you more.  You weren't dealing with honorable people.  My advice would be not to engage with them anymore.  Read this forum and learn more. 

59

Higbee Associates Letter & Lawsuits Forum / Re: Higbee Article: Some Interesting Behind-the-Scene Info

« on: February 27, 2018, 02:07:41 PM »

Who's to say that Copypants and Higbee aren't the same people?  That's the vibe I get reading this article which I believe is very biased toward copyright trolls. 

They love to accuse people of stealing their property.  Stealing occurs when somebody knowingly takes something that doesn't belong to them.  That's not the case here with the vast majority of these situations. 

The general public thinks if it's on the internet it must be free for all. 

Yes, I understand that ignorance doesn't protect anybody who copies somebody else's work.  But, let's not think that copyright holders aren't taking advantage of the same ignorance by seeing a new business model to rack up some more cash besides what they got from whoever license the work in the first place. 

Copypants reminds me of the same set up credit card companies had with credit counseling services.  Both worked hand in glove to recover money. 

 

60

Higbee Associates Letter & Lawsuits Forum / Re: A new twist on Higbee

« on: February 20, 2018, 10:42:18 AM »

I strongly suggest deleting your contact info at the bottom of your post.