second page had invoice for settlement..Robert you are da man!!
My response to email and other responses....
Dear Mr. Mustoe:
Upon reviewing the photos in question I have came to the following conclusion in regards to the alleged copyright infringement:
· There is no possible way that any damages could have been done towards Mr. Tomerellis works over the alleged photos. I see this month that you settled with an individual who was reselling his works and also printing them on goods. I understand your case for a a fairly large sum on this case. Our site made only around $12 in its full existence. Zero dollars came from the alleged photos in question.
· I could not verify 2 of the alleged copyrights to said to have been registered via the link you sent me for research.
· Once again if any of these alleged photos were used it was %100 innocent and with no mal intent whatsoever.
· I also found these same works with no copyrights stated at the following sites that you may want to investigate. These are government sites with no statement of copyright on any page for the images.
http://www.fs.fed.us/r6/fishing/forests/fishresources/mtbsno_warmwater.htmlhttp://fishgame.idaho.gov/ifwis/fishingplanner/htm/Bluegill-Pumpkinseed-Sunfish.htmhttp://www.kdwpt.state.ks.us/news/Fishing/Fish-ID-Gallery/GREEN-SUNFISHhttp://www.fishesoftexas.org/taxon/lepomis-megalotis (creative commons)
As stated before your value for the alleged images is nowhere close to market and I see no evidence of web images sold by Mr. Tomerelli for any amounts, only prints. I feel like my previous offer was very reasonable, but I am willing to offer double that ($200.00) to settle this matter. The money can be sent today if you wish via PayPal.
Kind Regards,
His response..
The United States Congress disagrees with you. 17 USC Section 504 creates a minimum damage of $750 per image and a maximum of $30,000 plus attorneys fees. So the recoverable damages in this case are probably 50 times the settlement offer. You can take the risk of trial if you want. But you also have until tomorrow to get the $1,000 to us if you want to resolve this for an amount far under the statutory fine amount. Depositing the check into the mail by tomorrow meets the terms of the offer.
My final emails ...
Dear Mr. Mustoe,
I have been advised to no longer correspond with you via email. Any correspondance you have for me please mail in letter form. All emails from your address will not be responded too.
Response
Your choice; as it is Mr. Tomelleri's choice to sue. If the advice is from counsel, please provide the name of counsel.
Show Posts
