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Messages - Matthew Chan

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811
Hawaiian Letters & Lawsuits Forum / Show Your Support: A PayPal Contribution
« on: September 06, 2014, 08:43:31 PM »
The extensive time and hard work put into this website and forum has been entirely voluntary. The information we have diligently researched, gathered, and openly shared is to assist the ever-growing community of Extortion Letter recipients. To date, this website continues to be a free service.

ExtortionLetterInfo.com has become the definitive informational website in the U.S. to combat stock photo industry's extortionistic letter practices.

At the suggestion of one our enthusiastic supporters, I have set up a PayPal Contribution Button (throughout the website) for those of you who wish to show your appreciation and gratitude by contributing and assisting our ongoing cause to fight the Getty Images Extortion Letters.

Help our cause by supporting the ongoing work and updates to this website by making a contribution.

I recommend a small contribution of $10.00 to $40.00 if you have found useful and valuable information that assisted you in defending yourself against Getty Images or the McCormack law firm. You may contribute as frequently as your prefer. But just realize this is an ongoing fight. I need ongoing community support to continue work on this website.

Thank you for your continued enthusiasm and supporting in our cause.

Matthew Chan (Host of ELI & the ELI Forums)

812
Since 2008, we’ve had thousands of readers discover the ELI website and ELI Forums after they have received a Getty Images (or other stock photo) “extortion letter”. Many have attempted to contact us through phone and email asking for help. Early on, we tried to help but eventually there were too many requests for help and the help being requested overstepped reasonable time boundaries. So, we can no longer provide free personal, one-on-one help. However, you do have several help options.

If you get an extortion letter, this is what you need to do:

1. The very first thing you need to do is to CALM DOWN and TAKE A BREATH! Tens of thousands of these extortion letters have gone out over the years. You are far from being alone. Getting an extortion letter from out of the blue is upsetting but not the end of the world. For most people and their situation, the bark is much worse than the bite.

2. This one is a no-brainer. You should immediately remove all copies of the allegedly infringing images from your web server. Even the "hidden" ones. If it is anywhere on your web server, you are at risk.

3. GET EDUCATED. Do it as soon as possible! Don’t say you don’t have the time. You better make the time. It is you or your company at risk here. You received the letter so now YOU have a problem to deal with. It is YOUR problem. The problem will not go away by itself.  Make the time to GET EDUCATED.

4. Read, browse, and search the ELI Forums. It is FREE! It is an online database with a goldmine of information, advice, commentary, and research. Help yourself to it.

5. Watch the ELI Video Interviews & Updates. It is FREE! There are hours of recorded information to bring yourself up to speed.

http://www.extortionletterinfo.com/eli-interviews-updates/

6. Sign up to become an ELI Forum user. It is FREE! Post your situation and story BUT be aware no one is going to hold your hand and take you through it step-by-step. You will receive some general guidance and suggestions but it will be up to you to carry out the details. The majority of people get enough information to make a relatively informed decision on how to proceed.

View the "You Just Received an Extortion Letter" Video.



If you need more personalized and customized help, we have PAID options:

1. Enroll into the 30-minute ELI Phone Support Call with Matthew Chan. This is an intense, no-nonsense, information-packed phone conversation customized to your situation. No two phone support calls are ever the same!

http://www.extortionletterinfo.com/eli-phone-support-call-with-matthew-chan/

2. Enroll into "Attorney Oscar Michelen’s Copyright Legal Defense & Representation Program".

https://www.extortionletterinfo.com/oscar-michelens-copyright-legal-defense-representation-program/

Oscar does not offer email or telephone consultations at this time. If you want to know more about Oscar, his style, and credentials, view the ELI Video Interviews & Updates or Google his name. Due to the volume of help requests, any emails or telephone messages asking for “just a few minutes” or “quick help” will go unanswered.

http://www.extortionletterinfo.com/eli-interviews-updates/

813
On September 5, 2014, the EFF has submitted their amicus brief (written by legal scholar Eugene Volokh and the assistance of law professor, Aaron H. Caplan, prior ACLU lawyer) in support of my position to the GA Supreme Court.

The story behind this significant legal event is here:
http://www.extortionletterinfo.com/forum/eli-responses-to-media-coverage-of-matthew-chan-ppo/legal-scholars-eugene-volokh-aaron-h-caplan-support-eli-with-eff-amicus-brief/

The EFF amicus brief itself is here:
http://www.scribd.com/doc/238796451/Chan-v-Ellis-EFF-Amicus-Brief-for-Appellant

Oral argument is set for October 7, 2014 in Atlanta, GA.  Both Oscar Michelen and Eugene Volokh are expected to argue my position.

814
It is with great pride and pleasure that I announce that legal scholars, Eugene Volokh and Aaron H. Caplan are the authors and architect of the Electronic Frontier Foundation (EFF) amicus brief on behalf of my legal position and that ELI is a relevant concern worth protecting.

http://www.scribd.com/doc/238796451/Chan-v-Ellis-EFF-Amicus-Brief-for-Appellant

Since July 2, 2014 when the Georgia Court of Appeals ordered my case to the Georgia Supreme Court over what they considered "first impression" issues regarding the First Amendment as it relates to Internet speech, I knew this was a critical turning point in my case.

http://www.scribd.com/doc/232423410/Chan-vs-Ellis-GA-Court-of-Appeals-Ruling

I "discovered" Eugene Volokh and Aaron H. Caplan through my Google searches on "First Amendment" along with "restraining orders" and "protective orders". That search first lead me to website RestrainingOrderAbuse.com (ROA).

http://restrainingorderabuse.com

ROA then led me to Eugene Volokh's legal paper:

One-to-One Speech vs. One-to-Many Speech, Criminal Harassment Laws, and "Cyberstalking" by Eugene Volokh

http://www.law.northwestern.edu/lawreview/v107/n2/731/LR107n2Volokh.pdf

Eugene Volokh's legal paper led me to:

Free Speech and Civil Harassment Orders by Aaron Caplan

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2141966

I devoured both of those legal papers in the middle of the night pouring over the cases and reading their arguments. I reached out to both legal scholars and shared the facts of my case with them and explained how my case was one they described in their legal papers and it was now going to be tried in the highest court of the state I lived in.

Each of them graciously responded to my email and also reached out to Oscar Michelen to ascertain the current state of my case. The very talented lawyer that he is, Oscar easily jumped in to bring our legal scholars up to speed. 

Meanwhile, an email that I sent the EFF giving them an update of my case being transferred to the GA Supreme Court was also being responded. EFF's David Greene reached out to Oscar and then a series of integrated discussions occurred between all the legal minds as to how to cooperatively come into my case.

The weeks of public silence and quiet legal strategizing paid off and I am proud and happy to now be able to publicly discuss and share the EFF amicus brief in support of my position.

To all ELI readers, never let it be said that non-lawyers can't significantly contribute to their own cases. I pulled a couple rabbits out of the proverbial hat by following my creative and independent impulses.  I took the time and energy to look at my own case in a different and unconventional perspective. When I acted upon my impulses (because I had nothing to lose and everything to gain), I won the legal lottery.

How cool is it to have legal scholars Eugene Volokh, Aaron H. Caplan, the EFF, and Oscar Michelen at my side?  It is very cool indeed and the next stop is the oral argument on October 7, 2014.


815
Yes, I think this is of interest to our audience. Thank you for that!

That article links and refers back to the originating Reuters article.

http://www.reuters.com/article/2014/09/04/us-getty-images-microsoft-lawsuit-idUSKBN0GZ2B720140904?feedType=RSS&feedName=technologyNews

816
Popehat (of which I am a big fan of their website and especially of Ken White's witty commentaries) has offered their views of Mike Meier and the subsequent Streisand Effect.

http://www.popehat.com/2014/08/27/attorney-mike-meier-meets-the-streisand-effect-does-not-enjoy-experience/

It is yet another reminder to all those engaged in copyright thuggery to be wary of the actions you take against your critics especially if you are trying to use trickery to silence them.  The interwebs don't take kindly to that. 

The Streisand Effect affects everyone and anyone even if you are a billion-dollar conglomerate with an army of lawyers.  You can't threaten or sue everyone into silence or make everyone scrub the Internet on your behalf.

817
He might have been engaged in hyperbole.

Attorney Rothman says,

Quote
“If I had sent a letter like the one they sent to me, the bar would have my license.”

If that is true, why haven't we been able to get the Washington State Bar Association to pull Timmy McCormack and Lauren Kingston's licenses?

If Rothman can clue us in on how to properly make the request of the WSBA, maybe we can save a lot of people some big headaches henceforth.

818
ELI will be tracking the Schneider Rotham vs. Getty Images Lawsuit here and bring the latest development and reporting.  We will be using both Justia and Pacer to track the progress of this very newsworthy case.

This docket listing is current as of Aug. 27, 2014: 
http://www.scribd.com/doc/237940732/Schneider-Rothman-vs-Getty-Images

On a side note, IB Times has started covering this case by writing its first article on it.
http://www.ibtimes.com/getty-images-sued-over-settlement-demand-letter-unfair-deceptive-scheme-copyright-lawyers-1670294



819
Another "wow" moment. Yet another unexpected written piece released.

Cory Doctorow
has written hard-hitting commentary about the Mike Meier incident on Boing Boing and basically rips into Mike pretty hard about his actions as it relates to how the State Bar Association might view it. Go check it out.

http://boingboing.net/2014/08/26/copyright-troll-abuses-dmca-in.html

It appears the interwebs continues to speak loudly and forcefully to reinforce and remind others that the Streisand Effect is alive and well. In fact, it is more powerful than ever.

For a non-Getty related post, this is a shining example of what Hawaiian Trio (James Stephen Street, Dane K. Anderson, Vincent K. Tylor), corporate counsel members of Getty images, Seattle lawyer Timothy B. McCormack, and many others over the years who repeatedly cried and whined to Oscar, his law firm, and other entities can look forward to with their sneaky, backroom, underhanded tactics to shut me and ELI up. 

Do these people honestly think they can make a complaint about me and ELI and then expect those complaints NOT to get back to me? Do you think the interwebs don't talk or email behind THEIR backs? What is the point of a complaint? Do they want Oscar to sit me down and reprimand me for outing and reporting on backroom activities?  Do these folks need a counselor's shoulder to cry on?  Oscar's job is not to soothe their sorrows or be my daddy.

Enemies of ELI should realize they cannot easily overcome the power of the interwebs, the First Amendment, bloggers rights, Section 230 CDA, the Streisand Effect, and the general hatred of people who engage in copyright thuggery. Everyone gets to choose if they want to part of it or against it. Smart lawyers understand the interwebs, First Amendment, bloggers rights, Section 230, the Streisand Effect, and against copyright/patent trolling. Take heed. The army is legion in this camp of which I play only a small (but proud) part of.

Don't be a Steve Gibson, John Steele, Paul Duffy, Paul Hansmeier, Charles Carreon, or Mike Meier. (Who else did I miss?) All of these big, bad, mean, and greedy lawyers were "put into the ground" by their stupidity. Nearly all have been profusely shamed and suffered greatly from public complaints, negative press coverage, and State Bar Complaints for their general douchebaggery.

I normally don't plaster any of my email addresses in a forum thread but I make an exception here given this unexpected opportunity.  Any "interesting information" that anyone wants to send me (I will protect anonymity) can be sent to [email protected].


820
Holy crap, I was wondering why the reader count of this one thread was jumping so quickly.

I found out why.  Two stories have reported on ELI and our friend-in-arms, FightCopyrightTrolls, receiving nearly identical bogus DMCA letters relayed from our respective domain registrars within a couple of days of each other.

It was actually FCT that received one first but they held back in reporting. But ELI went public immediately with zero regard and zero notice to Mike Meier or the domain registrar. AS I explained, there was no point in holding back as it only empowers critics to do more. I have no patience for such foolishness. 

Having seen ELI gone public, FCT saw no point in holding back and did their own reporting.  However, I thought it was over last night once FCT and ELI did its thing.

Well, apparently not.  IT would appears bad news travels fast and supporters of the Streisand Effect have piled on.  And so, we are grateful to our blogger/tech press friends at Techdirt and TorrentFreak for the public support and reporting.

https://www.techdirt.com/articles/20140826/05415528319/copyright-trolling-lawyer-abusing-dmca-to-try-to-silence-critics.shtml

http://torrentfreak.com/anti-piracy-lawyer-wants-domain-registrars-to-silence-critics-140826

As far as I am concerned, Mikey was no threat. I could not be bothered to respond to him as it was so ridiculous. FCT was far more gracious and respectful to Mikey.  Nevertheless, I thank Mikey profusely as the ELI team has gotten better acquainted with FCT.  Further, I thank Mikey for giving Techdirt and Torrentfreak the opportunity to share what ELI does thereby driving up our SEO (yes, it's entirely legal and white-hat) and overall readership.

And since I have a captive audience in ELI's 4-minutes of fame, I want everyone to be tuned in to future announcements on a "certain Georgia appeal case".  It will be "interesting" and potentially affect website owners throughout the U.S. 

Follow @extortionletter on Twitter.  I don't think you will be disappointed. You will know it when you see it. It will be self-evident.

Our friends at FCT know some of it but I have asked them to be silent until the appropriate time. 



821
The torrent situation in the article is an extreme situation. I am not worried about it. I did respond openly out in the public.  At best, the registrar can get a cut and paste reply from here. 

If Mike Meier decides to pursue it to the degree ELI is off-line for a couple days, so be it.  He would be very stupid to do so as it would ramp up the Streisand Effect and get ELI even more exposure.

Our favorite poet troll's actions, her lawyer, and the judge has raised the profile of ELI, me, Oscar, and our cause through their reckless PPO.  It was the best thing that could have happened to me, Oscar, and ELI.  We are actually quite excited and rejuvenated by a new challenge and getting some limelight out of it.  Now I am a huge advocate of First Amendment and I am connected to that group of folks. They hate copyright thugs with a passion so I am certain I will have their support.

I also got an incredible legal study mentorship and tutorials from some smart lawyers along the way.  I am no longer afraid to file my own pleadings and motions in the future, if necessary.  I learned in a matter of months in a real-life scenario than what many law students would take years to learn reading books.

Getty Images sent me their bullshit extortion letter in 2008 which led to this site being in existence and me finding Oscar thereby building the ELI community with thousands of supporters worldwide.

So Mike Meier can do his worst.  I have lots of friends watching waiting to pounce.  His reputation was shit to begin with and it just got worse.  He got all the porn troll fighters all hot and bothered again. That was not my doing. I just reported it and because of his checkered history, he pays the price.

I am not worried. I will respond to the registrar if and when they demand it. But they won't push the issue unless Mike is stupid enough to continue on.  If I get another email from the domain registrar, I will repeat what I just did by reporting and tweeting it and then respond if necessary.

If ELI gets taken down for a few days because of Mikey, it would be worth getting the Streisand effect for me, him, and ELI.

822
New developments and court documents for my case can be found with these two links.

Georgia Supreme Court:
http://www.gasupreme.us/docket_search/results_one_record.php?caseNumber=S14A1652

Chan v. Ellis Appeal Court Documents (Most recent documents are first)
http://www.scribd.com/collections/4336412/Matthew-Chan-vs-Linda-Ellis-Georgia-Appeal-Case

824
I was thinking of you when I posted this story. I knew you would grab on to it so to speak....   ;)

gotta love that one tweet... they showed her "whole" vagina...yeah leave it to me..or is that leave it to beaver??.... : )

825
So, it appears that our friends at FightCopyrightTrolls.com received an identical email from their domain registrar as ELI did.  It also seem that since ELI has wasted no time "outing" Mike Meier's stupid email, they are also doing the same. Read FCT's well-written response letter.  I think it is better than my response.

http://fightcopyrighttrolls.com/2014/08/25/copyright-troll-mike-meier-sends-a-frivolous-dmca-takedown-notice-to-my-registrar/

Maybe directly "outing" other copyright thug lawyers emails and other info as I get info is the keys to building up traffic and support.



Who let the dogs out?  Well, this time it was both ELI & FCT in fast succession. More than likely a few more anti-troll websites and Twitter accounts will be on the bandwagon before this little tidal wave of publicity is over.

Remember, boys and girls, publicity against your attackers is one of the best weapons any non-lawyer can have.  Too bad the revenge porn folks don't get it.  First Amendment Power.  No defamation or fake stories necessary.  For the dumb ones, the wrong publicity is like have piranhas swarm them.

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