$900,000 for 20 pics ?

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  • Dawgy
    Confirmed User
    • Jul 2001
    • 5856

    #1

    $900,000 for 20 pics ?

    a friend of mine recently received a C&D for 20 pictures he had on his server. they were not licensed apparently. the pics were very old and not even being used. they werent even linked from any page, so we're not sure how the owners found them.

    anyway... they sent a C&D saying to take them down, etc, etc. the odd thing is, the C&D also said that "this is not the end" .... making veiled threats.

    now, the company wants $900,000 in damages for "ongoing copyright infringement" for 20 pictures that werent even being used.... even AFTER my bud complied with the C&D...

    obviously he's calling a lawyer, but if he complied with a C&D, how can they sue him? also, $900k for 20 images? thats more than the whole site is worth.

    as for who.. well... Titan Media... if anyone knows them, they used to be a big dog in the dvd/movie biz, but now they make their money suing people for bullshit like this...

    anyone dealt with them?
    the revolution is coming.
  • pornstar2pac
    Omaha Hi/Lo
    • Nov 2003
    • 17380

    #2
    give them $350,000 and your safe
    Trump haters gonna hate. that's all they can do

    Comment

    • AMADude
      Confirmed User
      • Apr 2004
      • 3875

      #3
      Thats a lot of money, good that he is consulting a lawyer.
      No sig, just here to fuck around.

      Comment

      • XxXotic
        Confirmed User
        • Jun 2002
        • 8500

        #4
        can be fined up to 100k per pic
        Oxeo - Serious Hosting For Serious Webmasters. iCQ:135.887013

        Comment

        • Furious_Male
          Doing the grind since 99
          • Oct 2003
          • 16884

          #5
          Suing is the latest business model. Sometimes its a last resort for failing companies other times its just another revenue stream. Good thing your buddy has an attorney.
          Living in Virtual Reality
          Contact: Email (preferred): furiousmale .at. gmail - Skype: live:shanedws

          Comment

          • almighty
            Confirmed User
            • Dec 2003
            • 838

            #6
            your buddy is so fucked try to settle for $500,000 or maybe offer them some reacharounds

            www.norecip.info

            Comment

            • WiredGuy
              Pounding Googlebot
              • Aug 2002
              • 34515

              #7
              Originally posted by Furious_Male
              Suing is the latest business model.
              Until patent reform is introduced, I can see this business model lasting a little while.

              WG
              I play with Google.

              Comment

              • Spunky
                I need a beer
                • Jun 2002
                • 133978

                #8
                Holy shit...thats pretty harsh

                Comment

                • Illicit
                  wtf ?
                  • Dec 2003
                  • 11895

                  #9
                  damn he is fucked ... either pay them or pay the lawyers...
                  Insert Sig Here

                  Comment

                  • synergysex
                    Confirmed User
                    • Jan 2004
                    • 461

                    #10
                    I wouldnt mortage the house yet. I used to get these C&D letters all the time (I got three in one day once, lol) and very few of them ever resulted in a lawsuit being filed. I wouldnt worry about it until the process server shows up.

                    Home Depot sent me one for a t-shirt I was selling. When I told them to fuck off, they sent me a second C&D a bit more threatening than the first. I told them to fuck off, eat shit and die. The next thing I heard from them was that thier client did not wish to pursue the matter and they were closing thier file.

                    Most of the threats you recive by mail are empty and should be ignored until you have a process server on your door. And unless they can prove actual damages, they arent gonna get $900K because Lanham limits puntive damages to $100K (I think thats the amount) when materials are removed voluntarily after being warned.
                    Do You Hate Seatbelt Citations? Don't Get Mad, Get Organized!

                    Comment

                    • pornstar2pac
                      Omaha Hi/Lo
                      • Nov 2003
                      • 17380

                      #11
                      Originally posted by synergysex
                      I wouldnt mortage the house yet. I used to get these C&D letters all the time (I got three in one day once, lol) and very few of them ever resulted in a lawsuit being filed. I wouldnt worry about it until the process server shows up.

                      Home Depot sent me one for a t-shirt I was selling. When I told them to fuck off, they sent me a second C&D a bit more threatening than the first. I told them to fuck off, eat shit and die. The next thing I heard from them was that thier client did not wish to pursue the matter and they were closing thier file.

                      Most of the threats you recive by mail are empty and should be ignored until you have a process server on your door. And unless they can prove actual damages, they arent gonna get $900K because Lanham limits puntive damages to $100K (I think thats the amount) when materials are removed voluntarily after being warned.


                      hey newbie, no green in your sig. got it?
                      Trump haters gonna hate. that's all they can do

                      Comment

                      • johndoebob
                        Confirmed User
                        • Mar 2004
                        • 3405

                        #12
                        Just remove the stuff and tell them to fuck off,I doubt they'll have any real proofs after that,that the images even were on your server.

                        Comment

                        • johndoebob
                          Confirmed User
                          • Mar 2004
                          • 3405

                          #13
                          If they found the images through google you would really be fucked because stuff is indexed there for a long time.

                          Comment

                          • AlienQ - BANNED FOR LIFE
                            best designer on GFY
                            • Mar 2003
                            • 30307

                            #14
                            How did the photos end up on the server?

                            Comment

                            • Illicit
                              wtf ?
                              • Dec 2003
                              • 11895

                              #15
                              Originally posted by pornstar2pac
                              hey newbie, no green in your sig. got it?
                              no shit !!! Damn !
                              Insert Sig Here

                              Comment

                              • Dawgy
                                Confirmed User
                                • Jul 2001
                                • 5856

                                #16
                                Originally posted by AlienQ
                                How did the photos end up on the server?
                                honestly no one knows... the file dates were from 2001.... and the pics were never used on any html pages... so we have no idea how they found the pics... we tried google, wayback, etc... they just dont show up.... its a fucking mystery.

                                anyway the pics are gone, he complied with thier C&D.
                                the revolution is coming.

                                Comment

                                • CuriousToyBoy2
                                  So Fucking Banned
                                  • Apr 2004
                                  • 707

                                  #17
                                  Originally posted by Furious_Male
                                  Suing is the latest business model. Sometimes its a last resort for failing companies other times its just another revenue stream. Good thing your buddy has an attorney.
                                  Sad, but true.

                                  Just a hint from an old-school backyard lawyer.

                                  Don't shit yourself just yet.

                                  Respond "Without Prejudice" to any shit like this you receive and make sure you respond IN DETAIL.

                                  Being "Without Prejudice" they can NOT use what you reply against you. Having said that, NEVER admit any liability.

                                  But here is the dig.....

                                  Many (not all !!) companies who use this as a business model do so in the hope that they will scare someone into settling.

                                  It is easy for them to have their lawyers run off a standard C&D letter for $100.

                                  It is a BIG difference when they get the bill back from those same lawyers for $500 - $1000 for interpreting and sending on your DETAILED response.

                                  That slows them down some

                                  They will be less liekly to follow a legal chain against someone who is prepared to fight them.

                                  And there is NO need in the very first instance to pay good money to lawyers to do what I have suggested above.

                                  If they do respond with more "tough talk", then get your lawyers involved.

                                  Comment

                                  • LadyMischief
                                    Orgasms N Such!
                                    • Sep 2002
                                    • 18135

                                    #18
                                    Originally posted by Dawgy
                                    a friend of mine recently received a C&D for 20 pictures he had on his server. they were not licensed apparently. the pics were very old and not even being used. they werent even linked from any page, so we're not sure how the owners found them.

                                    anyway... they sent a C&D saying to take them down, etc, etc. the odd thing is, the C&D also said that "this is not the end" .... making veiled threats.

                                    now, the company wants $900,000 in damages for "ongoing copyright infringement" for 20 pictures that werent even being used.... even AFTER my bud complied with the C&D...

                                    obviously he's calling a lawyer, but if he complied with a C&D, how can they sue him? also, $900k for 20 images? thats more than the whole site is worth.

                                    as for who.. well... Titan Media... if anyone knows them, they used to be a big dog in the dvd/movie biz, but now they make their money suing people for bullshit like this...

                                    anyone dealt with them?
                                    Technically, they can ask for $100,000 per image per infraction, so you're getting off easy, it looks like they took the middle road.

                                    ICQ 3522039
                                    Content Manager - orgasm.com
                                    [email protected]

                                    Comment

                                    • torrey
                                      Confirmed User
                                      • Jan 2004
                                      • 1656

                                      #19
                                      Titan Media, a producer of gay pornography, is well-known for its aggressive copyright infringement actions (Titan Media Pumped-Up over digital distribution). I'm sure that they would be more than happy to cooperate and coordinate with DOJ lawyers to stop piracy of their products. How proud Hatch will be when the first DOJ-acquired restitution checks are turned over to purveyors of smut.

                                      Very established company here. Id certainly take the warnings serious.

                                      http://www.corante.com/importance/archives/002700.html

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