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Hawaiian Letters & Lawsuits Forum / Re: Ode to VKT & HAN... a poem
« on: June 19, 2012, 04:17:46 PM »
Good for you Activated!
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Here's a video about "The Dash" called "The Cash"...
Neat way to fight back...
Linda Ellis fights back:
S.G.
Holy Moly! I'm going for the popcorn again.......Holy Moly is right & lol on the popcorn...well done Matt & Budh!!!
Glen,QuoteThe "ELI Attorney Warning System." What that would be is when you see a "new" attorney whose letter appears extreme or is working for a stock photo agency, that you contact them (or me who would be happy to follow up them) and have a "ELI" (Extreme Lawyer Intervention) to warn them about what they are doing and how if you see another letter from them in the future that it will be posted on Scribe and ELI. It seems harsh to potentially damage the career of an new attorney (for life on Google) because they sent out a letter you feel is inappropriate. Wouldn't a "one strike" rule be appropriate for them? They should at least have the choice of continuing to work for the agency and pay ELI's consequences, or to stop doing this work knowing that ELI will be watching and taking action if they continue.
My first reaction is agreeing to would not be fair to letter recipients. One of the difficulties for recipients is that until they recieve a letter, recipients are operating in a total information vaccuum. If they recieve an outrageous letter, they have no way of knowing whether others have recieved similar letters, how the letter they recieved stacks up relative to other letters, or what sorts of outcomes to expect for different sorts of responses. Posting letters fills the knowledge gap for these people, inform them they are not the only ones to recieve these. If all the outrageous ones are kept off the web, letter recipients will have little way learning about the issue.
Another difficulty is you when you request "ELI" contact you, you are actually asking some ELI person to perform an uncompensated service to benefit for you and your attorney.
A third difficulty is that we all strongly suspect that for every letter posted at ELI, numerous other letters are never sent to Matt. So, it's quite possible that the 'first time' offender has sent out several other similar letters. None of use participating at ELI have anyway of knowing.
The fourth difficulty is: This won't work. The reason it won't work is that even if ELI promisses not to post these things, there is nothing to prevent the letter recipients themselves from posting them. After that, people will link saying "look what I posted".
It's true that it may seem harsh to damage the career or a new attorney for life. But these letters are often harsh and can damage the lives and relationships of letter recipients.
I think a better way to protect the newbie attorneys is for clients like you who hire them to take two steps:
1) Inform themof the dangers of sending out letters that are too harsh. Show them examples that went overboard and
2)to review the letters to determine whether the monetary demand is clealry overboard, whether the language is too extreme and so forth. Some letters are sent out on your behalf, and if you are worried about the career of the young attorney who has entered into a business relationship with you, you are the one who needs to take steps to review the letter and make sure that it is not outrageous.
Asking ELI to take on the burden of doing this task for you seems inappropriate.
Matthew,
The only thing I feel more passionately about than extortion is free speech. I've always said, your forum, your rules. But if you decide anyone is required to pay money to participate on these forums, I will have to resign as a ELI team member. I was the one that initially emailed and asked Glen to join these forums. We were all quite surprised when he showed up. Now, suddenly he is a huge burden? Frankly I don't get it, but I suspect my goals and those of this forum have somehow diverged.
Very nice letter Oscar. And thanks for publishing it Matt.
I think this shows the value of the Letter program to anyone looking at the program and trying to decide if that is the proper way to proceed.
I really believe "like attracts like". You ask why you keep coming back even though your case is over? There is some part of you that is similar to the rest of us. AS you said, you might have lapsed in this case but you are probably outspoken and strong in other areas of your life. Either that or you like hanging around us mean, rebellious, vigilante types!
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In contrast, at the risk of experiencing the wrath of Soylent Green, it seems to me HAN is a bit different. As far as I can see, your letters have at least tried target businesses though I think you may have bungled a number of points. (ENVL was a HAN case, right?). That said: plastic surgeons who are actually accepting clients, travel agencies who have numerous clients and so on are businesses and ought to respond to other businesses in a business like way.
Yes EVNL was a H N, my website is home-made & no we are not a travel agency. My husband is a travel agent & I built the website for him to help improve his sales. It receives almost zero traffic. I offered to do this for him because I knew how...like I said before, anyone who can read can build a website but not everyone should.
Regardless of my position, I think your message is helpful to others in your situation. Notice how you felt better when you received professional legal help. This is often (always) the best policy and educating yourself (on and off ELI) about the situation made it clear that you were not going to go to jail even though copyright law places that penalty on some types of infringements. There are a few aspects of your comments that I am surprised I was not more receptive to hearing when we talked. My apologies for that as well.
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