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Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Cary ()
Date: July 23, 2013 07:34PM

Webmasters these days routinely receive baseless heavy-handed legal threats with the intent to extort money. The threat I received in my (snail mail) inbox last night amounts to rackateering.

In the interest of public transparency please find a .pdf scan of the 17 page document I received from Sanders Law, PLLC available here: SandersLawPLLC-20130723-JessicaSimpson.pdf

For easy reading I'll also produce the 17 pages as in-line .PNG images here:
SandersLawPLLC-20130723-JessicaSimpson_PSandersLawPLLC-20130723-JessicaSimpson_PSandersLawPLLC-20130723-JessicaSimpson_PSandersLawPLLC-20130723-JessicaSimpson_PSandersLawPLLC-20130723-JessicaSimpson_PSandersLawPLLC-20130723-JessicaSimpson_PSandersLawPLLC-20130723-JessicaSimpson_PSandersLawPLLC-20130723-JessicaSimpson_PSandersLawPLLC-20130723-JessicaSimpson_PSandersLawPLLC-20130723-JessicaSimpson_PSandersLawPLLC-20130723-JessicaSimpson_PSandersLawPLLC-20130723-JessicaSimpson_PSandersLawPLLC-20130723-JessicaSimpson_PSandersLawPLLC-20130723-JessicaSimpson_PSandersLawPLLC-20130723-JessicaSimpson_PSandersLawPLLC-20130723-JessicaSimpson_PSandersLawPLLC-20130723-JessicaSimpson_P

They didn't bother sending a standard DMCA takedown request, which webmasters receive and comply with every day, but instead demand compensation. This doesn't even qualify as a valid DMCA takedown.

What really drove me to post all this publicly is the obvious fact that Sanders Law, PLLC only took a cursory glance at the website before firing out a semi-automatic complaint based on assumptions.

Fairfax Underground is unique in that it contains no advertising, and I derive no revenue from the website whatsoever (it's truly a negative revenue experience). Nevertheless, statements such as these appear throughout the complaint:

"This Court has personal jurisdiction over CARY WIEDEMANN because CARY WIEDEMANN purposely directs substantial activities at the residents of Virginia by means of the website described herein, and derives substantial revenue therefore."

"The Website is monetized in that it contains paid advertisements. On information and belief, CARY WIEDEMANN profits from these activities."

"On information and belief, CARY WIEDEMANN has received a financial benefit directly attributable to the Infringement. Specifically, by way of the Infringement, CARY WIEDEMANN increased traffic to the Website and, in turn, its advertising revenues and/or merchandise sales."

Of course in truth there's no paid advertising on Fairfax Underground whatsoever; and, contrary to common wisdom, increases in traffic COST me money instead of generating revenue. Nevermind that Fairfax Underground is clearly a forum website comprised almost exclusively of user generated content, thus protected from suit by the safe harbor provisions of the DMCA. Nevermind the words FAIR USE, which may or may not qualify here.

Anyway, I will be researching the veracity of this complaint tonight, and will likely remove the (allegedly) infringing images tomorrow. I just wanted to give you all full disclosure as to what scary letters other webmasters are receiving.

Thoughts? Legal advice? Let me know.

- Cary (the admin)
--Curator, FairfaxUnderground.com
cary@carywiedemann.com

P.S. Sorry for my crooked scanner.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: WingNut ()
Date: July 23, 2013 07:42PM

_White_288.jpg



Edited 1 time(s). Last edit at 12/10/2015 08:29AM by WingNut.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Libelous ()
Date: July 23, 2013 08:13PM

Geek culture? Can I sue them for libel? I'm no geek!

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Shitty Places I've Lived in FAIRFAX
Posted by: WingNut ()
Date: July 23, 2013 08:39PM

Read that a little closer.

I think the law firm has a boiler plate lawsuit saved, they just throw in the names, jurisdictions, specific incident and client whose int prop they are paid to protect.

No docket number. No docket number. To the average recipient, it appears they've already got the wheels in motion and are ready to jam you hard. It may be they are just filling in the blanks. I am guessing they probably did not send this registered or certified, but you've acknowledged service of the Cease and desist by commenting on it here. Big "IF" that a cease and desist even requires acknowledgement of service, it may not.

I know you want to tell them to blow chunks, I think we all do. But I would give them a call for shits and giggles. Not sure if the pics can be used if not for profit, which I think may be their big gripe. Or maybe Jessica doesn't want fatso pics of her online.


idontlikebeingrightaboutshitlikethisbutiam



Edited 21 time(s). Last edit at 5/31/1967 05:57AM by WingNut.

Last edit at 11/30/2015 01:37PM Last edit at 5/14/2015 03:52PM Last edit at 1/28/2014 05:57AM Last edit at 11/29/2015 01:10PM Last edit at 3/14/2011 11:52PM Last edit at 7/20/2012 04:07AM
Last edit at 6/29/2013 11:18PM Last edit at 3/19/2011 01:02PM Last edit at 3/26/2012 09:07PM



Edited 1 time(s). Last edit at 12/17/2015 12:28AM by WingNut.


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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Vexxxed ()
Date: July 23, 2013 08:53PM

I'm no legal expert nor did I stay at a Holiday Inn last night but...

WingNut is right. The paperwork looks bogus. Or at best incomplete. I used to get a bunch of suit papers for my employees before I started hiring a better class of people.

All of them came by mail from an attorney of some sort and none of them had been filed with the courts.

They're leaning on you to get you to pay a "fine" (which they can't impose on you) and to get you to take down the pics.

I'd dump the pics and replace them with a proclamation of sorts stating you didn't put them there and warn whoever did not to do it again.

It would be completely different if you had paid membership or even collected advertising fees. Gratis is as gratis does.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: TheMeeper ()
Date: July 23, 2013 08:53PM

WingNut Wrote:
-------------------------------------------------------
> Or maybe Jessica doesn't want fatso
> pics of her online.


These are photos by some paparazzi outfit (BWP Media, Pacific Coast News). They stalk celebs, take photos, and threaten to sue people for a living. Scumbags.

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`
Posted by: WingNut ()
Date: July 23, 2013 09:16PM

_White_288.jpg


idontlikebeingrightaboutshitlikethisbutiam



Edited 21 time(s). Last edit at 5/31/1967 05:57AM by WingNut.

Last edit at 11/30/2015 01:37PM Last edit at 5/14/2015 03:52PM Last edit at 1/28/2014 05:57AM Last edit at 11/29/2015 01:10PM Last edit at 3/14/2011 11:52PM Last edit at 7/20/2012 04:07AM
Last edit at 6/29/2013 11:18PM Last edit at 3/19/2011 01:02PM Last edit at 3/26/2012 09:07PM



Edited 1 time(s). Last edit at 12/10/2015 08:29AM by WingNut.


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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: My Two Cents ()
Date: July 23, 2013 09:22PM

Definitely extortion. They could have sent you a DMCA notice to inform you of infringing material. This is BS, and it's clear that they have made no effort at a "good faith" resolution.

If you comply with DMCA notices in a timely manner, you fall under "Safe Harbor" exemptions.

(It's an issue I've been looking into just recently.)

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Lawrence Welk ()
Date: July 23, 2013 09:41PM

Simple Solution - Replace/Edit all the offending pictures in the original post with the Exhibit Pics from the legal documents posted above.

Insert a legal disclaimer as to why you edited, state a warning not to do it again, and put the law firm's web site/email contact info. so the flaming can begin.

I think your loyal followers will support you with a torrent of hate flames in their general direction.

Thanks for posting this.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: 6X ()
Date: July 23, 2013 10:03PM

TLDR
Attachments:
jessica_simpson_elle_pregnant.jpg

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: wow. ()
Date: July 23, 2013 10:06PM

first time in years that Cary has engaged in a conversation with us lowly serfs......reminds me of old times.

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­
Posted by: chuckhoffmann ()
Date: July 23, 2013 10:12PM

­



Edited 1 time(s). Last edit at 09/10/2013 04:13PM by chuckhoffmann.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: DrHenryKillinger ()
Date: July 23, 2013 10:13PM

I agree with WingNut here, you should have some fun with this. I'd love for them to fire off that suit with all that false information in it. Probably won't end too well for them.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Chaego ()
Date: July 23, 2013 10:23PM

Contact Ken White, proprietor of the Popehat blog. @popehat on Twitter. He delights in fucking with copyright trolls (case in point: Prenda Law) and may even be willing to represent you pro bono or help find someone who will.

Also, these trolls apparently have been quite active of late: http://www.extortionletterinfo.com/forum/getty-images-letter-forum/anyone-had-a-run-in-with-sanders-law-pllc-fair-use/



Edited 1 time(s). Last edit at 07/23/2013 10:40PM by Chaego.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: MrMephisto ()
Date: July 23, 2013 10:44PM

Nobody on your end is making any money from the pictures, you didn't post them, and you haven't received a DMCA? Sounds like a non-issue. I wouldn't worry too much, but do what you think is best.

--------------------------------------------------------------
13 4826 0948 82695 25847. Yes.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: TheNorthman ()
Date: July 23, 2013 10:52PM

Dooh!! This thread has been in existance for just over three hours and it's already on the first page of a Google search of for Sanders Law, PLLC.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: eesh ()
Date: July 24, 2013 01:12AM

I started that thread.....it was titled "Jessica Simpson + 50 Pounds"


http://www.fairfaxunderground.com/forum/read/40/946735/1259410.html



Looks like Cary deleted the thread, which means the threat of legal action from some copyright trolls worked.


Cache:


http://webcache.googleusercontent.com/search?q=cache:hZFGiN7j56gJ:www.fairfaxunderground.com/forum/read/40/946735/1259410.html+&cd=3&hl=en&ct=clnk&gl=us

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Joshua Marketos ()
Date: July 24, 2013 01:31AM

Cary, please send them a ream of paper and tell them to wipe their asses with it.

If you call them, ask them just how many dick sandwiches they need and when.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Cary ()
Date: July 24, 2013 02:29AM

eesh Wrote:
-------------------------------------------------------
> Looks like Cary deleted the thread, which means
> the threat of legal action from some copyright
> trolls worked.

Thread wasn't deleted, you just linked directly to a removed spam post. Where'd you get that link from? The thread still exists here:
http://www.fairfaxunderground.com/forum/read/40/946735.html

Lawrence Welk Wrote:
-------------------------------------------------------
> Simple Solution - Replace/Edit all the offending
> pictures in the original post with the Exhibit
> Pics from the legal documents posted above.

Genius! Although the suit and exhibits likely need to be filed with the court before becoming public domain. Displaying the exhibits in this thread is clearly fair use.

Really, pictures of a fat Jessica Simpson aren't worth my (or anyone's) time, especially on a local niche website like this. I'll almost certainly treat this as a valid DMCA takedown request (even though it's clearly not) and remove the imagery with a explanation linking to this thread. I highly doubt any suit will ever be filed.

I posted this extortion demand because it's a stark escalation from previous dodgy cease & desist notices I've received in that it:
- expressly states that simply removing the content is insufficient to avoid monetary damages
- with a FAQ urging that "It is therefore essential that you contact our office to make settlement arranements immediately"
- all in legal format, ready to be filed with the court
- arrived in an official looking large envelope, similar to legitimate suits, albeit not via any sort of certified mail
- obviously form generated, didn't even make an attempt to verify the authenticity of their statements

Fairfax Underground is battle hardned against unjustified threats, but many small time bloggers are not. There's no telling how many people will settle these threats without ever knowning their rights and without paperwork ever being filed in court. It would probably only take a handful of settlements to make their most recent legal-spam campagin worth their time monetarilly, which sets dangerous precedence.

- Cary (the admin)



Edited 1 time(s). Last edit at 07/24/2013 02:35AM by Cary.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Mr GFR ()
Date: July 24, 2013 03:07AM

Tell them to let you know when the first court date is and then for them to go fuck themselves until then.



Edited 1 time(s). Last edit at 07/24/2013 03:07AM by Mr GFR.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Somali Mann ()
Date: July 24, 2013 03:19AM

Tell them Hell No. They are based in Los Angeles, California. That's like the other side of the U.S.A. What could they possibly do? Send someone over to shut it down? No.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: eesh ()
Date: July 24, 2013 05:01AM

Cary Wrote:
-------------------------------------------------------
>
> Where'd you get that link from?




The thread wasn't pulling up in the search function, so I googled "site:fairfaxunderground.com Jessica Simpson"


All the links to that thread were dead ends, and I could only view it in cache.

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­
Posted by: chuckhoffmann ()
Date: July 24, 2013 06:23AM

­



Edited 1 time(s). Last edit at 09/10/2013 04:14PM by chuckhoffmann.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Carlos_Danger ()
Date: July 24, 2013 05:08PM

Give them hell and don't give in. Been down this road with something similar. If there's no money to be had, they'll eventually give up realizing they're getting eaten alive with legal bills at typical lawyer hourly rates.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Cary ()
Date: July 24, 2013 06:42PM

chuckhoffmann Wrote:
-------------------------------------------------------
> Of course, it's wholly possible that Sanders will
> continue to pursue the issue, which is why I
> continue to think that disabling the uploading of
> files and display of inline images would be the
> safest course of action until Cary can actually
> avail himself of the benefit of qualified
> counsel.

No, hell no, no way, never. If I removed key features of this site every time someone complained there would be no website left. The safe harbor provisions of the DMCA are very clear, and I certainly don't intend to panic and disable functionality while I wait for an overpaid attorney to tell me what I already know each time someone lobs a poorly researched threat in my general direction.

Really, it's the same principle as why I don't require a registered account to post. Sure, it would make my life a whole lot easier to moderate a forum where only registered users could contribute, but it would make life harder for posters themselves, which is what I always strive to avoid. I'd always rather clean up a few messes than to deprieve the legitimate speaker of a platform he can easily climb.

No, I will handle this C&D/DMCA takedown the same way I always have.

As such, the imagery in question has just been removed from the two threads referenced in the complaint and was replaced by an explanation of the removal and the image's filenames and md5sums.

I highly doubt I'll ever hear from Sanders Law, PLLC regarding this incident ever again. They're after the easy money, not an expensive legal battle in which the defendant has a myriad of legitimate defenses.

- Cary (the admin)

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: TheMeeper ()
Date: July 25, 2013 08:16AM

Cary Wrote:
-------------------------------------------------------
>
> - expressly states that simply removing the
> content is insufficient to avoid monetary damages

With such a stupid threat, what would stop Sanders Law or some other shady law firm from intentionally posting copyrighted pics on websites then immediately turning around and demanding payment from them?

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: GetM4th ()
Date: July 25, 2013 08:38AM

Heh, I came late to see the pics and couldn't see them as they had been removed. But the lawyers office provided them in the cease and desist and I got to see them.

Funny.

--------------------------------------

The Artist Formerly Known As GetM@th

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Only the fat pics? ()
Date: July 25, 2013 09:05AM

What about the first slimmer photo of Jessica? Don't they want all the photos removed?

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Lefty ()
Date: July 25, 2013 10:14AM

A couple of things I don't understand:

1) Why do they care about the pictures being on FFX? They are taking traffic away from their site?

2) Why does the pdf say "DRAFT?" Was this PDF a draft copy of something?

3) What's with the capitalization and spacing in Cary's name. Did someone type part of the complaint by hand?

4) How did they get Cary's address?

5) How did they originally find the pics on FFX?

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Rapper Jo ()
Date: July 25, 2013 10:23AM

Here's the law firms site: (I thought NJ was the Garden City?)

http://www.sanderslawpllc.com/

It says they are located in NY

Sanders Law, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530

Tel (855) 643-9884
Fax (516) 281-7601
info@sanderslawpllc.com

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Carlos_Danger ()
Date: July 25, 2013 10:25AM

Can't answer the first two, but can with the last three.

3) All caps for named parties is standard in many legal documents. Having been on the business end of these types of things myself it's actually been rare to have them in sentence case instead of all caps.

4) Most law firms have a subscription to Lexis Nexis, which houses so much data it's like a private firm version of what the NSA has on us. Or even easier, a quick Whois look up with Network Solutions gives them all the data they need. Here's the link to a search I just did: http://www.networksolutions.com/whois/results.jsp?domain=fairfaxunderground.com

5) Likely just searching for images. Just do a quick image search on her and you'll find hundreds (probably thousands, I just didn't have time to count them) of results going to sites using them in a manner that these attorneys would likely consider unofficial. It's likely that Cary was not the only website owner to receive this type of threat.



Edited 1 time(s). Last edit at 07/25/2013 10:25AM by Carlos_Danger.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Righthand Man ()
Date: July 25, 2013 10:30AM

Rapper Jo Wrote:
-------------------------------------------------------
> Here's the law firms site: (I thought NJ was the
> Garden City?)
>
> http://www.sanderslawpllc.com/
>
> It says they are located in NY
>
> Sanders Law, PLLC
> 100 Garden City Plaza, Suite 500
> Garden City, NY 11530
>
> Tel (855) 643-9884
> Fax (516) 281-7601
> info@sanderslawpllc.com

Looks like the law firm has been sending out a lot of these complaints in July -

Try this google - "Sanders Law, PLLC" complaint

Checkout - http://www.rfcexpress.com/lawsuits/copyright-lawsuits/california-central-district-court/544198/bwp-media-usa-inc-v-nouveau-studios-inc/summary/

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Carlos_Danger ()
Date: July 25, 2013 10:30AM

And when she doesn't let her inner fat girl come out, like recently, she actually has a pretty nice bod.

.
Attachments:
4.jpg

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Chaego ()
Date: August 15, 2013 12:05AM


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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Budd ()
Date: October 10, 2013 10:29AM

What eventually did happen? Did they sue?

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: LiverLips ()
Date: October 10, 2013 10:34AM

We should sue Jessica Simpson for ruining our eye sight.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: AM ()
Date: October 11, 2013 11:03AM

Yeah, what's the update on this?

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: howhalarious ()
Date: October 11, 2013 11:08PM

the lawsuit doesn't name responsible party

obviously carry didn't post any pictures that were not fair use, his users did

now we all know you can't sue facebook for allowing users to write on facebook

--------------------------
likely a scam run by mexican democrats in this area who are seeking to cut the throat of any media which is not openely pro-destruction of america my friend

the white girl the litigant? a snowflake. the girl in CA and lawyers in NY futher suggest either mob behavior or a con artist working through courts. be careful: NY has judges in ffx courthouse. it may be owned by va. but va isn't apt to help anyone with anything.

welcome to being a white american, carry

---------------------------
do remove the material and cover up the fact it ever existed, as regular part of data preening you do anyway.

obviously you preen and don't review user uploads. that's expceted.

do not ever admit the material existed or that your agree to remove it.

do not answer any legal mail. make them drag yuou to court.

and if you get the opportunity intentionally delay them years. that is what they will do if it's found it's them who owe you, carry, money.

=============================
read my recent article about Flordia making internet cafe's illegal

"shut down break down" internet i think i hear (all republican ability to be on the air) on wtop

-------------------------
CA did release "new laws". however they cannot reach interstate VA has no such law. you have a right to be treated evenly by all states and not be targeted.

however the new law is more likely the mexicans in CA advertising: advertising that they will be sending out false lawsuits and you should beleive them

----------------------------
i got a parking ticket (falsely given) that told me i should sent casch to CA. i was then sent mail that i owed the CA company my car if i don't pay

==============================
get a clue. CA is totally criminal. expect con artists mail from there and NY.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: ontheotherhandEconomics ()
Date: October 11, 2013 11:10PM

if a republican VA big whig tells you to do what democrats are suggesting, then do it

more likely they are taking it to court themselves and would advise you to ignore any donations to democrat con artists, i'd guess

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: oblivioustoCA ()
Date: October 11, 2013 11:50PM

while facebook might have money to search all accounts for material any supposed party requests, ffxug isn't required to be such a bloated CA concoction firm and can no more traffic posts than the telephone company can bits of every call

furthermore. while sites long ago used to check GIF or JPEG fields for copyright ...

CA and NY itself has participated in making merely checking this a logistic nightmare by software hacking - a problem they themselves volunteered to create and promote - and checking is not a poicy CA web sites follow on their own porn websites they transfer into VA

CA and NY has a ton of illegal porn sites and false news materials offered from CA into VA. and this is certainly applicable to the complaintant working for a firm that actively participates in the same in a state doing the same: did so knowing such situations, such as fair use of material and temporary internet posts by idiots, existed.

she had clean hands to complain she didn't know her nationally published picture might be on the internet stored in data caches of dated phorum articles no one views ? hah!

on the other hand her company likely owns legal rights and have not expressed interest in the case

absolute rubbish con artists.

absolutely impossible the material they volunteered to offer for free download was so valuable a loss if later found anywhere on the same medium unkowningly to any operator, that on the same chaotic internet they offered it on.

rediculous they wouldn't know this was the case. so rediculous that it could be the case they owe carry money for posing a legal action threat against him to demand payment.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: mrcommonwealth ()
Date: October 12, 2013 12:00AM

let's see any personal website operator in VA that ever paid $30,000 for having a free picture for temporary display in a forum chat channel.

not only rediculous but criminal in nature to have so many lititgants legally approach an individual with such a wide demand for that much money, rather than the fcc.

criminal that fairfax courts would relay such a demand. it should have been blocked as a frivolous suit by fairfax courts ...

--------------------------
fairfax courts did relay it right ?

after all carry should never answer (or read) legal mail unless his own jurisdiction sends it, unless he went in CA and performed an action in that jurisdiction.

they'd have to extradite him to CA to get him in court. ha! i bet.

now the action complained "having the image which might be transferred" is one they volunteer to arrange for anyone to do themselves already.

and so on. rediculous.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Stephen ()
Date: October 14, 2013 06:01PM

What ever happened with this, how much did they want to settle for? Did they sue?

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Me2 ()
Date: November 16, 2013 05:31PM

I am on my second notice letter from them. Not sure what to do about it. I can't afford to feed my family let alone settle. Mine was from a auto posting wordpress plugin
any thoughts?

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Sasquatchh ()
Date: November 17, 2013 07:40AM

Sasquatch knows where u live

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Stephen ()
Date: November 20, 2013 11:00AM

When did they send the second notice? You can fight them they have never to date actually proceeded to trial they dropped some settled & the rest are ongoing over 100 now. There are many defenses. They sent me a second notice recently with a draft of the suit. There new thing is to try to sue from California when the case is on the east coast. This further coerces settlement. I am not going to settle it is my opinion they are misusing the judicial system. Trolling not even getting facts right. I would though like to know how long ago they sent the second notice & are they suing you or your business or both?

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: ex libre ()
Date: November 20, 2013 12:47PM

These days as the internet continues to explode, many creative entrepreneurs who no longer have a "regular" job can now set up internet mining "research" organizations, getting into the act of "mining the internet for easy money." The boiler rooms at such research establishments comb the internet for a fee from their clients, and ANYTHING they can dredge up about their paying clients is fair game for a lawsuit if there is no record that the writer or poster asked the appropriate permissions to publish it. This goes on for photographs, music, personal speech lifted from an official source who copyrighted the originals, etc. Anyone working on a thesis that is going to be published, a book, a movie using music from other copyrighted materials, etc., spends much of their time going through the laborious process of tracking down the copywrite holders for the materials used. That's why research published often has more pages of citations and footnotes regarding permissions granted than the original thesis material takes up! When you post this stuff and DON't get found out, it is probably because no one has paid one of these organizations to vacuum clean the internet for unauthorized publication without permissions of their own copy-written stuff yet.

I would not be surprised in the future if someone in the gov't gets the bright idea to put to work the vast vacuum cleaning internet foraging capabilities of the NSA, programming their computers to suck up material by, on, or written about anyone upon demand for a fee, providing it to the data brokers. That idea could start their black budgets well on the way to getting fulfilled and balanced if they sold that targeted info to the data miners looking for dirt to make their clients happy over all the money they are spending to make a quick buck, punish the unwary perpetrators, and keep the lawyer category of the US population fat and sassy in these times of political and economic turmoil!

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Jimmy Memon ()
Date: November 21, 2013 04:31PM

I just recived my second notice and i still have not replied to them.. Does anyone know if they really going to sue or its just a threat ? Thanks

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Garfield ()
Date: November 22, 2013 09:01AM

They have now filed 111 to date starting March 8, 2013, the most recent November 14, they are not bluffing. It is not clear if they follow through on all threats. How long between notices I am trying to find a pattern. Trying to figure out.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Ed ()
Date: November 22, 2013 09:34AM

Garfield Wrote:
-------------------------------------------------------
> They have now filed 111 to date starting March 8,
> 2013, the most recent November 14, they are not
> bluffing. It is not clear if they follow through
> on all threats. How long between notices I am
> trying to find a pattern. Trying to figure out.


How can they actually being someone to court for something like this though? A DMCA takedown request is the law and they didn't comply with that, they just went straight to legal threats. DMCA safe harbor should protect the webmaster.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Garfield ()
Date: November 22, 2013 02:40PM

There are a lot of nuances to the law in some respects you are right but not all. Regardless if they sue a company thery are aware I'm sure that a corporation cannot rereaent itself & further that most would have to hire an attorney even if they are a sole propriter. That would cost considerably more than the cost of settling. They HAVE dropped a number of the cases after they filed suit but before an answer was submitted without settling. That opposed to dropping a case becasue of a settlement agreement. Have not yet been able to acertain the reason or what distinquishes those cases form the other. Still trying.

Asking for any info from anyone on this board involved to help me learn more about what their inclinations are.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Garfield ()
Date: November 22, 2013 02:41PM

Typo represent above not rereant

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: JoshuaLorimer ()
Date: November 23, 2013 03:11AM

What ever happened with this? I recently received a complaint to my domain registrar (my info is hidden by Domains By Proxy). I immediately removed the picture in question and replied to the email (didn't really have a choice in replying as DBP was going to give out my details if I didn't anyway).

I've been reading all night on ExtortionLetterInfo. This thing sounds like a scam that will mostly go away if you handle it with some specific responses and wait it out.

I was feeling better about the situation until I read Garfield's messages above.

Opinions? Answers as to what happened to Cary in the end?

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Curious Furious ()
Date: November 24, 2013 01:05AM

I wonder too what ever came of this

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Garfield ()
Date: November 25, 2013 09:03AM

Latest case filed November 21,2013

SANDERS LAW, PLLC
Craig B. Sanders, Esq. (CS4163)
100 Garden City Plaza, Suite 500
Garden City, New York 11530
Telephone: (516) 203-7600
Facsimile: (516) 281-7601
csanders@sanderslawpllc.com
Attorneys for Plaintiff
File No.: 102947
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
BWP Media USA Inc. d/b/a Pacific Coast News and
National Photo Group, LLC,
Plaintiff(s),
vs.
EA MEDIA GROUP, LLC,
Defendant(s).
Docket No:
COMPLAINT
JURY TRIAL DEMANDED
BWP Media USA Inc. d/b/a Pacific Coast News ("BWP") and National Photo Group,
LLC ("NPG") (hereinafter collectively “Plaintiff(s)”), by and through its undersigned counsel,
for their Complaint against Defendants EA MEDIA GROUP, LLC (hereinafter collectively
referred to as “Defendant(s)”) states and alleges as follows:
INTRODUCTION
1. Plaintiff(s) provide entertainment-related photojournalism goods and services and
own the rights to a multitude of photographs featuring celebrities, which it licenses to online and
print publications. Plaintiff(s) have obtained U.S. copyright registrations covering many of its
photographs, and others are the subject of pending copyright applications.
2. Defendant(s) own and operate a website known as www.in2eastafrica.net,
www.lifedaily.net and www.24topic.com (the website(s) are collectively referred to herein as the
Case 0:13-cv-62547-WJZ Document 1 Entered on FLSD Docket 11/21/2013 Page 1 of 8
“Websites”) and without permission or authorization from Plaintiff(s) copied, modified, and
displayed Plaintiff(s)' photograph(s) on the Websites and engaged in this misconduct knowingly
and in violation of the United States copyright laws.
JURISDICTION AND VENUE
3. This Court has subject matter jurisdiction over the federal copyright infringement
claims pursuant to 28 U.S.C. §1338(a) and 28 U.S.C. §1331. The Court has supplemental
jurisdiction over the claims arising under state law pursuant to 28 U.S.C. §1367(a) in that the
state claims are so related to the claims over which the court has original jurisdiction that they
form part of the same case or controversy. Additionally, this Court has subject matter
jurisdiction over all of the photographs, inclusive of the unregistered images. (See e.g. Perfect
10, Inc. v. Amazon.com, Inc., 508 F.3d 1146, 1154 [9th Cir. 2007]; Olan Mills, Inc. v. Linn Photo
Co., 23 F.3d 1345, 1349 [8th Cir. 1994]; Pac. & S. Co., Inc., v. Duncan, 744 F.2d 1490, 1499 n.
17 [11th Cic. 1984]).
4. This Court has personal jurisdiction over EA MEDIA GROUP, LLC because EA
MEDIA GROUP, LLC maintains its principal place of business in Florida and purposely directs
substantial activities at the residents of Florida by means of the website described herein. This
Court also has personal jurisdiction over the Defendant(s) under the applicable long-arm
jurisdictional statutes of Florida.
5. Venue is proper under 28 U.S.C. §1391(a)(2) because EA MEDIA GROUP, LLC
does business in this Judicial District and/or because a substantial part of the events or omissions
giving rise to the claim occurred in this Judicial District.
PARTIES
6. BWP is a California Corporation and maintains its principal place of business in
Los Angeles County, California.
7. NPG is a California Corporation and maintains its principal place of business in
Los Angeles County, California.
8. On information and belief, Defendant EA MEDIA GROUP, LLC, is a Florida
Case 0:13-cv-62547-WJZ Document 1 Entered on FLSD Docket 11/21/2013 Page 2 of 8
Limited Liability Company with a principal place of business in Broward County, Florida and is
liable and responsible to Plaintiff based on the facts herein alleged.
FACTUAL ALLEGATIONS
9. Plaintiff(s) are the legal and beneficial owners of a multitude of photographs
which they license to online and print publications and have invested significant time and money
in building their photograph portfolios.
10. Plaintiff(s) have obtained several active and valid copyright registrations with the
United States Copyright Office (the “USCO”), which registrations cover many of their
photographs and many others are the subject of pending copyright applications.
11. Plaintiff(s)' photographs are original, creative works in which Plaintiffs own
protectable copyright interests.
12. Defendant(s) are the registered owner of the Websites and are responsible for
their content.
13. The Websites are monetized in that they contain paid advertisements and/or sell
merchandise to the public and, on information and belief, Defendant(s) profit from these
activities.
14. Without permission or authorization from Plaintiff(s), Defendant(s) copied,
modified, and/or displayed Plaintiff(s) rights protected photographs (hereinafter collectively
referred to as “Photograph(s)”), as set forth in Exhibit “1” which is annexed hereto and
incorporated in its entirety herein, on the Websites.
15. On information and belief, the Photograph(s) were copied without license or
permission, thereby infringing on the Copyrights (hereinafter collectively referred to as the
“Infringement(s)”).
16. As is set forth more fully in Exhibit “1”, each listed infringement contains the
URL (“Uniform Resource Locator”) for a fixed tangible medium of expression that was
sufficiently permanent or stable to permit it to be communicated for a period of more than
transitory duration and constitutes a specific item of infringement. (See 17 U.S.C. §106(5);
Case 0:13-cv-62547-WJZ Document 1 Entered on FLSD Docket 11/21/2013 Page 3 of 8
Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146, 1160 [9th Cir. 2007]).
17. On information and belief, Defendant(s) were aware of facts or circumstances
from which the determination regarding the Infringement(s) was apparent. Based on the totality
of the circumstances, Defendant(s) cannot claim that they were not aware of the infringing
activities, including the specific Infringement(s) which form the basis of this complaint, on the
Website(s) since such a claim would amount to only willful blindness to the Infringement(s) on
the part of Defendant(s).
18. On information and belief, Defendant(s) engaged in the Infringement(s)
knowingly and in violation of applicable United States Copyright Laws.
19. Additionally, on information and belief, Defendant(s), with “red flag” knowledge
of the infringements, failed to promptly remove same. (See 17 U.S.C. §512(c)(1)(A)(i)).
20. On information and belief, Defendant(s) have received a financial benefit directly
attributable to the Infringement(s). Specifically, by way of the Infringement(s), the Websites had
increased traffic to the and, in turn, realized an increase their advertising revenues and/or
merchandise sales. (See 17 U.S.C. §512(c)(1)(B)).
21. As a result of Defendant(s)' misconduct, Plaintiff(s) have been substantially
harmed.
FIRST COUNT
(Direct Copyright Infringement, 17 U.S.C. §501 et seq.)
22. Plaintiff(s) repeat and incorporate by reference the allegations contained in the
preceding paragraphs, as though set forth in full herein.
23. The Photograph(s) are original, creative works in which Plaintiff(s) own
protectable copyright interests.
24. Plaintiff(s) have not licensed Defendant(s) the right to use the Photograph(s) in
any manner, nor have Plaintiff(s) assigned any of its exclusive rights in the Copyrights to
Defendant(s).
25. Without permission or authorization from Plaintiff(s) and in willful violation of
their rights under 17 U.S.C. §106, Defendant(s) improperly and illegally copied, reproduced,
Case 0:13-cv-62547-WJZ Document 1 Entered on FLSD Docket 11/21/2013 Page 4 of 8
distributed, adapted, and/or publicly displayed works copyrighted by Plaintiff.
26. Defendant(s)' reproduction of the Photograph(s) and display of the Photograph(s)
on the Website(s) constitutes willful copyright infringement.
27. On information and belief, thousands of people have viewed the unlawful copies
of the Photograph(s) on the Website(s).
28. On information and belief, Defendant(s) had knowledge of the copyright
infringement alleged herein and had the ability to stop the reproduction and display of
Plaintiff(s)' copyrighted material.
29. As a direct and proximate result of Defendant(s)' misconduct, Plaintiff(s) have
been substantially harmed in an amount to be proven at trial.
SECOND COUNT
(Contributory Copyright Infringement)
30. Plaintiff(s) incorporate, as though fully set forth herein, each and every allegation
contained in the preceding paragraphs, as though set forth in full herein.
31. In the event that the Photograph(s) were hyperlinked into the Website(s), and
thereby not stored directly on the Defendant(s) servers, Defendant(s) are liable as contributory
infringers since they had actual and/or constructive knowledge of another's infringing conduct
and induced, caused and/or materially contributed to that conduct. (See e.g., Perfect 10, Inc. v.
Amazon.com, Inc., 508 F.3d. 1146, 1171 [9th Cir. 2007]; Metro-Goldwyn-Mayer Studios Inc. v.
Grokster, Ltd., 545 U.S. 913, 929-30 [2005]; A&M Records, Inc. v. Napster, Inc. 239 F.3d 1004,
1019 [9th Cir. 2001]; Sony Corp. v. Universal City Studios, Inc., 464 U.S. 417 [1984]).
32. For example, Defendant(s) have caused enabled, facilitated and materially
contributed to the infringement complained of herein by, providing the tools and instruction for
infringement via their Website(s) and have directly and indirectly promoted the infringement and
refused to exercise their ability to stop the infringement made possible by their distribution.
33. Defendants' infringement is and has been willful, intentional, purposeful, and in
disregard of the rights of Plaintiffs, and has caused substantial damage to Plaintiffs
34. As a direct and proximate result of Defendant(s)' misconduct, Plaintiff(s) have
been substantially harmed in an amount to be proven at trial.
Case 0:13-cv-62547-WJZ Document 1 Entered on FLSD Docket 11/21/2013 Page 5 of 8
THIRD COUNT
(Vicarious Copyright Infringement)
35. Plaintiff(s) incorporate, as though fully set forth herein, each and every allegation
contained in the preceding paragraphs, as though set forth in full herein.
36. Defendant(s) enjoyed a directed financial benefit from the infringing activity of
its users and declined to exercise the right and ability to supervise or control that infringing
activity, despite their legal right to stop or limit the directly infringing conduct as well as the
practical ability to do so.
37. Accordingly, Defendant(s) are liable as vicarious infringers since they profited
from direct infringement while declining to exercise a right to stop or limit it. (See e.g., Perfect
10, Inc. v. Amazon.com, Inc., 508 F.3d. 1146, 1171 [9th Cir. 2007]; Metro-Goldwyn-Mayer
Studios Inc. v. Grokster, Ltd., 545 U.S. 913, 929-30 [2005]).
38. As a result of Defendant(s)' misconduct, Plaintiff(s) have been substantially
harmed in an amount to be proven at trial.
FOURTH COUNT
(Inducement of Copyright Infringement)
39. Individuals using the Websites that Defendant(s)' created, distributed and
promoted, have been provided with the means and mechanisms through such Websites to
directly infringe and are directly infringing Plaintiff(s)' copyrights, by, for example, creating
unauthorized reproductions of Plaintiff(s)' copyrighted works and distributing copies of such
works in violation of Plaintiff(s)' exclusive rights (17 U.S.C. §§ I06 and 501).
40. Defendant(s) have induced and continue to induce infringement by, for example,
providing technology on the Websites to download and/or forward an image to such social media
providers such as Facebook, Instagram, and Twitter and/or failing to block or diminish access to
infringing material even though there are technological means to do so that are known to
Defendant(s).
41. Defendant(s)' infringement is and has been willful, intentional, purposeful and in
disregard of the rights of Plaintiff(s), arid has caused substantial damage to Plaintiff(s).
42. As a direct and proximate result of Defendant(s)' infringement, Plaintiff(s) have
been substantially harmed in an amount to be proven at trial.
Case 0:13-cv-62547-WJZ Document 1 Entered on FLSD Docket 11/21/2013 Page 6 of 8
FIFTH COUNT
(Injunction Pursuant to 17 U.S.C. §502)
43. Plaintiff(s) incorporate, as though fully set forth herein, each and every allegation
contained in the preceding paragraphs, as though set forth in full herein.
44. Plaintiff(s) request a permanent injunction pursuant to 17 U.S.C. §502(a)
prohibiting Defendants from displaying the Infringements.
SIXTH COUNT
(Attorney Fees and Costs Pursuant to 17 U.S.C. §505)
45. Plaintiff(s) incorporate, as though fully set forth herein, each and every allegation
contained in the preceding paragraphs, as though set forth in full herein.
46. Plaintiff(s) request, pursuant to 17 U.S.C. §505, their attorney fees and costs for
the prosecution of this action.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff(s) respectfully requests judgment as follows:
1. That the Court enter a judgment finding that Defendants have infringed directly,
contributorily and/or vicariously as well have induced other to violation Plaintiff(s)' rights to the
Photograph(s) in violation of 17 U.S.C. §501 et seq. and award damages and monetary relief as
follows:
a. Statutory damages against Defendant(s) pursuant to 17 U.S.C. §504(c) of
$150,000 per infringement or in the alternative Plaintiff(s)' actual damages
and the disgorgement of Defendant(s)' wrongful profits in an amount to be
proven at trial; and
b. A permanent injunction against Defendant(s) pursuant to 17 U.S.C. §502; and
c. Plaintiff(s)' attorneys' fees pursuant to 17 U.S.C. §505; and
d. Plaintiff(s)' costs; and
2. Such other relief that the Court determines is just and proper.
Case 0:13-cv-62547-WJZ Document 1 Entered on FLSD Docket 11/21/2013 Page 7 of 8
DATED: November 21, 2013
SANDERS LAW, PLLC
_/s/ Craig B. Sanders ____________
Craig B. Sanders, Esq. (CS4163)
100 Garden City Plaza, Suite 500
Garden City, New York 11530
Telephone: (516) 203-7600
Facsimile: (516) 281-7601
csanders@sanderslawpllc.com
Attorneys for Plaintiff
File No.:102947
REQUEST FOR JURY TRIAL
Plaintiff hereby demands a trial of this action by jury.
DATED: November 21, 2013
SANDERS LAW, PLLC
_/s/ Craig B. Sanders ____________
Craig B. Sanders, Esq. (CS4163)
100 Garden City Plaza, Suite 500
Garden City, New York 11530
Telephone: (516) 203-7600
Facsimile: (516) 281-7601
csanders@sanderslawpllc.com
Attorneys for Plaintiff
File No.:102947
Case 0:13-cv-62547-WJZ Document 1 Entered on FLSD Docket 11/21/2013 Page 8 of 8

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: JoshuaLorimer ()
Date: November 25, 2013 10:32AM

I don't read legal speak very well. What do you make of that Garfield? I'm not sure what I'm reading. Is this an actual lawsuit that is going to court? Is this different than copyright trolls in the past because the lawsuits are actually being acted on?

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Spice ()
Date: November 25, 2013 08:17PM

I too am having this issue. On my second notice. Wondering how to proceed. Anyone know of any lawyers who handle this sort of thing?

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Rich ()
Date: November 25, 2013 09:28PM

Seems like folks have been saying to ignore it? They are using tactics very similar to many other copyright trolls. It's a little scary since A) they are new to this so who knows how far they'll take it and B) they have legitimately filed cases, but 99% of them seem to be against companies rather than individuals. It's possible they're going for the low hanging fruit strategy that many other trolls do.

But I'm not a lawyer so I don't know...any other thoughts on the matter would be greatly appreciated.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: The Dude ()
Date: November 26, 2013 01:20AM

Curious in all this: did Jessica Simpson GIVE PERMISSION for the paparazzi to take and post pics of her? How about any celebrity plastered all over Tabloid publications? Of course not, but the paparazzi gets paid to produce unauthorized pics to these magazines that in-turn copyrights and profits themselves from those pics. Pretty discusting to think these dirt scum-bags can make money off of any side without permission from the original subject.

Much appreciate people's feedback, updates, and more info on the collective issue here.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: JLorimer ()
Date: November 26, 2013 07:09AM

Spice, what have you done if anything? What are the details of your case? Was yours an accidental "infringement"? Was it just one or a few pictures of a celebrity posted on a discussion or comment on your website?

I've been chatting with the guys here http://www.extortionletterinfo.com/forum/index.php They are more specific to Getty Images and a few others but some of the names we are seeing in this new round were involved in the older schemes. You might want to check it out. Read up on what everybody has to say and educate yourself. I know it has helped me a lot.

The Dude abides. From what I have read, it doesn't seem illegal for them to snap celebrity photos unless the celebrity has a reasonable expectation of privacy and is not in a public place. You usually need model releases for things like this but it seems that pictures of celebrities are somehow excempt. Basically, it sounds like Paparazzi have driven the law so that what they do is legal and they can continue to profit that way.

We need more people involved in these cases to speak up and say what is going on in their cases. We can't collectively fight if nobody is talking about it. I'm being as vocal as I can wherever it seems there may be other people involved. Do your part.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Spice ()
Date: November 26, 2013 10:31AM

Mine was a single photo posted on my website. I do have ads on my site but I profit very little. One photo (BWP MEdia & a photo agency) one upload, "14 infringements". Every tag I used on the post leads to a new page, which leads to a new infringement. Even the thumbnails my site produced from this ONE photo are being counted as infringements.

I previously had an agreement through a 3rd party to use photos rom this particular photo agency. I had more than 1000 photos legitimately. But they found one I didn't.

I've been a blogger for 10 years. Never had someone go to this length. Usually a C&D will suffice, and I will always remove questionable content ASAP.

I received the exact same threats as Cary. (Pacific Coast News via BWP Media.)

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Spice ()
Date: November 26, 2013 10:55AM

JLorimer, Thanks for the info. I have some reading to do.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: JLorimer ()
Date: November 26, 2013 11:05AM

Wow, that's really upsetting. Are you using WordPress? My site is using WordPress. It is a multi-author site and one of the other authors posted the photo without me knowing. I do the techy admin stuff and let other people do the content writing.

My case seems to be a little different from so many others because Domains By Proxy was hiding my domain registration information. They were required to file a DMCA with Domains By Proxy in order to get at my underlying information. I'm assuming they did the bare minimum and only filed one complaint so that my information would be handed over. The copmlaint was kind of incomplete. Perhaps I should have disputed it altogether since it was not even specific enough to list the alleged infringement.

I am using WordPress. It "crunches" images when uploaded to the media gallery - which basically means that it creates (in the case of my theme) as many as 8 variations of the same image. The image is then available on a media page, directly, as part of the gallery where it was posted, any tag that the post has attached to it, and any category used by the post. However, my theme only shows thumbnails on the actual post page and the media page.

Have you chosen to respond at all? I sent an email in return. I did not include any wording that would be incriminating as far as I know. I didn't refer to the image by name and I did not refer to it as an infringement. In fact, the DMCA request probably could have been considered invalid since it didn't even directly reference the image. There were other images on the page, including those that make up the template and background, and it was not specified which image was problematic. I simply stated that I removed the page and all of its contents and that it would not be replaced. I also made sure to mention that I do not profit from the site and it runs at a complete loss. I'm waiting to see how they proceed.

Did you receive your notices by certified mail or regular mail?

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Spice ()
Date: November 26, 2013 08:34PM

JL: Our cases are not different. I also protected my personal information, which was given up without my permission. Yes, I am using WP. And yes, the upload came from another contributor on my site. Very similar.

Threats were sent regular mail. Nothing certified.

I have not responded and I have been looking into options. Still unsure on how to proceed. Educating myself right now.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: _ ()
Date: November 26, 2013 09:25PM

Just ignore them. Simple.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: JLorimer ()
Date: November 26, 2013 10:18PM

I find it hard to believe that any serious lawyer does any business through anything less than certified mail. They can never confirm that it was received otherwise.

I gave up my information upon receipt of the complaint for that exact reason - I wanted to be in as much control of the situation as possible. It also gave me the inital chance to treat it like I had properly handled a DMCA request. Should it go to court, I believe it will show that I acted responsibly and quickly as I should have.

It does seem that ignoring them may vary well become part of the larger strategy for people involved in this mess.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: _ ()
Date: November 26, 2013 10:42PM

They won't do shit. Just look at the webmaster of this site, he went as far as calling them out and calling it "cute".

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: JLorimer ()
Date: November 26, 2013 11:40PM

It does concern me a little bit that he never followed with closure on the matter though. Would love to hear from him at this time.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: JC ()
Date: November 26, 2013 11:52PM

29. As a direct and proximate result of Defendant(s)' misconduct, Plaintiff(s) have been substantially harmed in an amount to be proven at trial.
_______________

If that is a precondition to get awarded damages, you will win on this count. They haven't been "damaged" at all let alone "substantially".

Good luck against these greedy pricks...

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Somyoungguy ()
Date: November 29, 2013 10:15AM

Somebody said that a condition of settling is usually that you can no longer talk about the case publicly. I hope Cary didn't settle...

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: problem solved ()
Date: November 29, 2013 10:38AM

Somyoungguy Wrote:
-------------------------------------------------------
> Somebody said that a condition of settling is
> usually that you can no longer talk about the case
> publicly. I hope Cary didn't settle...

He didn't. He wrote them an email saying he was availing himself of the safe harbor provisions of the DMCA and removing their copyrighted image from Fairfax Underground. They never contacted him after that. Problem solved.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: John822 ()
Date: December 01, 2013 12:20PM

I've been following this for a while but have refrained from commenting. However, I'm concerned that people are going to use this as a resource for advice on how to handle Sanders and I want to clear up that last comment.

The problem is not solved for Cary. He hasn't responded, so we don't know what's going on with him, but I guarantee you Sanders is not done with him. He will either get a lawsuit or get a "second and final notice", just like the other 125+ webmasters that have been contacted by Sanders. I know of 3 specific cases where webmasters had their lawyers send strongly worded emails pointing out the inaccuracies with Sanders' claims and Sanders ignored them and filed the lawsuits anyway.

This is not about right and wrong for Sanders, this is about filing lawsuits and scaring people into settling.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Asshatz ()
Date: December 01, 2013 08:55PM


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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: JLorimer ()
Date: December 02, 2013 03:00AM

Asshatz, I have seen that link in my searches. What is your intended statement by posting it?

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: JLorimer ()
Date: December 02, 2013 03:11AM

Spice, you said your info was given out by DBP without your consent. Did you receive an email notice that there was a complaint? If so, who filed the complaint? Was it Sanders or someone else? I would be interested in comparing notes further at that level.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: JLorimer ()
Date: December 10, 2013 10:15AM

Another goes silent. Did you settle too Spice? Is that why you can't talk about it?

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Trust Me, I'm A Lawyer ()
Date: December 10, 2013 10:34AM

John822 Wrote:
-------------------------------------------------------
> I've been following this for a while but have
> refrained from commenting. However, I'm concerned
> that people are going to use this as a resource
> for advice on how to handle Sanders and I want to
> clear up that last comment.
>
> The problem is not solved for Cary. He hasn't
> responded, so we don't know what's going on with
> him, but I guarantee you Sanders is not done with
> him. He will either get a lawsuit or get a
> "second and final notice", just like the other
> 125+ webmasters that have been contacted by
> Sanders. I know of 3 specific cases where
> webmasters had their lawyers send strongly worded
> emails pointing out the inaccuracies with Sanders'
> claims and Sanders ignored them and filed the
> lawsuits anyway.
>
> This is not about right and wrong for Sanders,
> this is about filing lawsuits and scaring people
> into settling.

This website was an exception because there are no ads, hence no revenue generated. Their lawsuit would have no standing in court because it's based on the allegation that infringement of their material earned the webmaster money. No money earned means no standing, which means Sanders could've been held for Cary's lawyer fees, etc. so they pulled the plug. The facts are that if your website has ads or generates revenue in anyway, then you *could* be held legally liable. In that case you need to see a real lawyer and not use this thread as indicator of how it'll go down for you..

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Spicer ()
Date: December 17, 2013 02:05AM

Just following these threads like you, JL. The one over at extortionletterinfo is good. I am waiting it out. No certified letter, and I really don't feel they will take it any further. If they do, then I will act, but until then, I am not responding or offering anything. Deleted the site I couldn't wait to delete anyway. I'll update if I hear anything.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: JLorimer ()
Date: December 17, 2013 02:22PM

Good to hear Spice. It's been over a full month since I received my initial complaint. It will soon be over a full month since I emailed them a response as well. It seems for now they are letting it go.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Spicer ()
Date: December 19, 2013 02:03AM

Took about 6-8 weeks between 1st/2nd letters for me.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: JLorimer ()
Date: January 10, 2014 02:54PM

Well, it happened today. Almost exactly 8 weeks from my response to the claim filed with domains by proxy, I received a paper letter.

It does not include a pending docket number or anything like the above examples. It is just printed on regular printer paper like you would buy for yourself at the store. Even look like pretty crappy inkjet printing. The letter advises to do all business via phone or email, no mention of paper. It was not delivered certified.

It is a single "infringement". Just a screen shot and a web address. Nothing more.

Any progress or reports from anybody else who has received? How is yours progressing Spicer?

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: someyoungguy ()
Date: January 15, 2014 12:55PM

To anybody who has received something from Sanders/BWP:

If you disagree with what Sanders/BWP is doing and they haven't given you good proof of anything, file a complaint with the state bar associations where they practice. This can affect their careers and possibly help end this insanity.

You have rights. Stand up. Send the message.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Spicer ()
Date: January 17, 2014 01:42AM

No updates on this end.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: JLorimer ()
Date: January 31, 2014 04:50PM

Any new word from anybody else on their cases? Any more letters coming in?

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: ATR ()
Date: February 04, 2014 10:20PM

I got a letter. JLorimer I have seen you post on some of the other boards. Have you heard back from them? I am talking to lawyers to discuss options. Anyone settle?

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: JLorimer ()
Date: February 05, 2014 02:14AM

I sent a strongly worded letter in response roughly 3 weeks ago. I do not expect to hear back from them for at least another 3-4 weeks. They do not seem to work quickly on these matters - probably because they have sent thousands of these letters and many are outright settling. I would be interested in discussing some of your details at greater length if you would be willing.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: ATR ()
Date: February 05, 2014 07:46AM

I think they are actually moving pretty quick. Yes I would like to discuss is there a way to contact you.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: JLorimer ()
Date: February 05, 2014 08:51AM

You can click on my name on this reply to send me an email. Looking forward to hearing from you.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Ian ()
Date: February 07, 2014 02:21PM

I looked up the copyright number at the United States Copyright Library
VA0001836345

http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?Search_Arg=VA0001836345&Search_Code=REGS&PID=KYlrkfoUuj9fHeelPALOEt6uGu6&SEQ=20140207141458&CNT=25&HIST=1

and the results do not show BWP Media as the copyright owners!

So is this another Righthaven like situation with a sham transfer of rights, if they were transferred at all ?

Type of Work: Visual Material
Registration Number / Date: VA0001836345 / 2012-09-18
Application Title: Group Registration Photos, Los Angeles, published Jun. 21, 2012 to Sep. 13, 2012; 85 photos.
Title: Group Registration Photos, Los Angeles, published Jun. 21, 2012 to Sep. 13, 2012; 85 photos.
Description: Electronic file (eService)
Copyright Claimant: Pacific Coast News. Address: 22287 Mulholland Highway #229, Calabasas, CA, 91302, United States.
Date of Creation: 2012
Date of Publication: 2012-06-21
Nation of First Publication: United States
Authorship on Application: Pacific Coast News - employer for hire of Jose Osmin Hernandez-Duran and Nirvan Sharma, employer for hire; Domicile: United States; Citizenship: United States. Authorship: photograph(s)
Copyright Note: Regarding publication: Range of publication dates is June 21, 2012 to Sept. 13, 2012.
Contents: 79974PCN_Simpson, Jun. 21, 2012; 80511PCN_Simpson, Jul. 2, 2012; 80958PCN_Miley, Jul. 12, 2012; 82713PCN_Mathilda, Aug. 21, 2012; 83346PCN_Jessica, Sep. 4, 2012; 83917PCN_Brand, Sep. 13, 2012.

Names: Hernandez-Duran, Jose Osmin
Sharma, Nirvan
Pacific Coast News

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Updates? ()
Date: February 26, 2014 01:54AM

Any other updates? I haven't heard from them in months.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: JLorimer ()
Date: February 26, 2014 10:27AM

I haven't heard from them in the last 7 weeks I think.

I just came her to post and ask if everybody else settled their cases or something. It gets eerily quiet and I begin to feel certain that is the result of people settling.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Actual Fairfax County Person ()
Date: February 26, 2014 12:55PM

JLorimer Wrote:
-------------------------------------------------------
> I haven't heard from them in the last 7 weeks I
> think.
>
> I just came her to post and ask if everybody else
> settled their cases or something. It gets eerily
> quiet and I begin to feel certain that is the
> result of people settling.


Or all the webmasters wised up to the fact that they can't sue you without a DMCA takedown notice sent first, and I seriously hope no one was stupid enough to ignore that initial warning.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: JLorimer ()
Date: February 28, 2014 06:11PM

I don't mean to offend you. I hope nobody actually follows this advice. The only place where DMCA takedown notices will make a difference in these cases is if you have a proper registered DMCA agent and you respond to takedown requests in a timely manner.


Actual Fairfax County Person Wrote:
-------------------------------------------------------
> JLorimer Wrote:
> --------------------------------------------------
> -----
> > I haven't heard from them in the last 7 weeks I
> > think.
> >
> > I just came her to post and ask if everybody
> else
> > settled their cases or something. It gets
> eerily
> > quiet and I begin to feel certain that is the
> > result of people settling.
>
>
> Or all the webmasters wised up to the fact that
> they can't sue you without a DMCA takedown notice
> sent first, and I seriously hope no one was stupid
> enough to ignore that initial warning.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Hen ()
Date: March 18, 2014 04:50PM

This is basically extortion.

I received the letter in August. It's beyond absurd that an actual law firm would threaten to sue because a member of our message board embedded a photo that isn't even hosted on our servers. After speaking with an attorney, I basically ignored it.

I just got another one this month. Basically it is just the same threat.

It's clear that it's a money grab, but I'm not sure how to best handle it. I'll probably get an attorney to actually manage it. In NO WAY will I pay them a dime. What is to stop this from happening again? Nothing. So no chance of that happening.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Hen ()
Date: March 18, 2014 04:54PM

I should add also that even though the letters say not to, I think I'm going to remove all instances of the images in question.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: JLorimer ()
Date: March 18, 2014 09:21PM

Hen, would you be willing to share a copy of the letter you received with me? The part about it saying not to remove the image is new to me.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: VcdC4 ()
Date: March 19, 2014 04:22PM

she's not dating me and i don't want her pictures and i'm the supposed benefactor.

go figure. offering 0

i'm offering you a ticket from VA back to NY COD

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Someone ()
Date: March 31, 2014 04:17PM

I settled with Sanders Law last month for around $550. Just hope that helps someone.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: JLorimer ()
Date: March 31, 2014 04:56PM

Someone, are you allowed to discuss your situation? I would love to find out more from you.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: Someone ()
Date: March 31, 2014 05:15PM

Sure, I don't really mind. I'll leave out anything that identifies me.

My case involved a single image. From what I can tell, Sanders was working specifically with the photographer in question. I first heard from them in the 4th quarter 2013.

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Re: Cute legal threats from Sanders Law, PLLC over copyrighted pictures of Jessica Simpson
Posted by: heatherP ()
Date: March 31, 2014 05:16PM

OMG I live jess! but that is just stupid.

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