Is this a sufficient defense?

[Gened]

Hello,

I have received an email from a website owner that I used his image and text explaining this image on my site.

However among the other things in his email he said the following:

"Your site is stuffed with pay per click ads that make you money and you are doing everything to keep it ranking high on search engines. It is my professional opinion that your site, with all its' pictures and articles, has almost no practical value to the consumer, you just want them to hit the adds. Perhaps that was not your original intention when you started the site; I looked through the earlier versions. If your was really informative, valuable and not profit driven, most likely I would grant you permission to use my property. At this point of time, taking into the account facts mentioned above, I believe that you owe me what I am asking for."

I see this as an opportunity to fight his charges back because in his own words – "most likely I would grant you permission to use my property" – and he, of course, is absolutely wrong about nature of my site that I can easily prove.

Can I use it as a defense to get this case dismissed?

 

[army judge]

There is no case.
This is one of thousands of scams.
No one gets sued by email.
No one serves you notice of legal process by email.
If you're smart, ignore this scammer.
What's the point in arguing with the devil?
Google the sender's name, company, a sentence from the letter, and you'll see how many have been scammed or approached.



Sent from my iPad2 using Tapatalk HD

 

[Gened]

Thank you for your response!

Well, unfortunately it's not the case…
He is a legitimate owner of the HVAC Company and that website belongs to him.
He took screenshots of the page from my site where his materials were posted.

Of course he is trying to avoid legal fees it's why he contacted me directly, but his monetary compensation that he is asking for is unreasonably high! It's why I'm trying to find flaws in his claim.

 

[mightymoose]

There still is no case. You are not being sued and likely wont be over something so petty. Ignore the demand.

 

[Gened]

Thank you for your advice, I'll do as you said…
However, you never know how far someone can go. So please answer my original question - is it good line of defense or it won't be taken seriously in case if this go to court?

 

[ANT6184]

@Army Judge,

Sir I desperately need help!!! I would like to speak with you about my situation so you can give me advice. I was falsely accused of DV and I'm now at risk of losing everything I hold dear in life. Ajrovira@hotmail.com

I'm hesitant to discuss the details of ongoing litigation on this forum.
If you have the time please contact me via email or I can provide you with my phone #

Thank You

 

[army judge]

@Army Judge,

Sir I desperately need help!!! I would like to speak with you about my situation so you can give me advice. I was falsely accused of DV and I'm now at risk of losing everything I hold dear in life. Ajrovira@hotmail.com

I'm hesitant to discuss the details of ongoing litigation on this forum.
If you have the time please contact me via email or I can provide you with my phone #

Thank You

I suggest you plead NOT guilty (at your next court hearing), make no statements about this matter to anyone, and hire a lawyer.
If you can't afford to hire a lawyer, ask the court (judge) to appoint one for you, tell him/her, you are financially unable to afford counsel.
They may want you to provide your financial details, usually this is pro forma, and they often take your word about inability to pay. However, do not lie, as you will likely be required to sign an affidavit attesting to your poor (or limited) fiances.

Sorry, we don't do direct referrals through this forum.
However, if you're interested in hiring a lawyer, you can look through the lawyer referral, provided by the website owner(s).

 

[army judge]

Thank you for your advice, I'll do as you said…
However, you never know how far someone can go. So please answer my original question - is it good line of defense or it won't be taken seriously in case if this go to court?

No, it isn't a defense at all.
Why?
How do you propose getting an unsubstantiated email into evidence?
You are in way over your head.
The best defense is NOT to play games you can't win, and never dance with the devil.
Leave it be, or you'll be back here asking HOW to get his hand out of your pocket!!!!

 

[Gened]

"How do you propose getting an unsubstantiated email into evidence?"
Just print it...
It has his name, website URL, phone number, business address on it...

 

[army judge]

"How do you propose getting an unsubstantiated email into evidence?"
Just print it...
It has his name, website URL, phone number, business address on it...

Okay, you do that.
SMDH


Sent from my iPhone 4S via AT&T using Tapatalk

 

[Gened]

Thank you, Army Judge!

 

[army judge]

Thank you, Army Judge!

I was being sarcastic.
You are wasting your time.
This is never going to court.
The author of that email is a scam artist.
He wants you to give him money.
He won't sue you.
That is too much work and will cost the crook money.
He has no case.
He only wants you to give him money you don't owe.
Why not just send him a signed blank check or your ATM card and the pin number?
Dude, it is not real.
It is a scam.

 

[Gened]

Well, I hope you right.
But when I called a lawyer he told me that I should send him an email saying:

I do not admit any liability, what is your best offer?

And offer him $2000!
That lawyer is the best one in my area and he refused to take my case, because his help would cost me too much money…

After that I took a closer look at that paragraph in the email above and decided to ask this forum if that guy shoot himself in the foot by admitting that if my site would meet his conditions he would grant his permission to use his materials anyway…

 

[army judge]

Well, I hope you right.
But when I called a lawyer he told me that I should send him an email saying:

I do not admit any liability, what is your best offer?

And offer him $2000!
That lawyer is the best one in my area and he refused to take my case, because his help would cost me too much money…

After that I took a closer look at that paragraph in the email above and decided to ask this forum if that guy shoot himself in the foot by admitting that if my site would meet his conditions he would grant his permission to use his materials anyway…

If that is the "best" lawyer in your area, go to the next county!

Dude, the lawyer didn't take your case, because there is no case.

If you're anxious to give out money, send the $2,000 to a reputable local charity!!!!

Or, buy a nice gift for your best friend or loved one!

I'm sure someone you love and know could use a couple new iPad3 devices!!!

 

[Gened]

Judge, I love your optimism, but here is an article that made me uncomfortable:

blog.webcopyplus.com/2011/02/14/legal-lesson-learned-copywriter-pays-4000-for-10-photo/

 

[Gened]

Today I've received an email from that guy:

"I have prepared "DMCA-Take Down" notices to be sent to your web hosting server and DNS provider. I have prepared e-mails to the prospective owners of the copyrighted files, that i reasonably suspect you took without consent, i'll be submitting demands for monetary compensation to your advertisers along with detailed explanations, all of the e-mails that we exchanged will be made available to court as a proof that i did try, way more than one is reasonably expected, to work this out with you and to explain to you the seriousness of the situation and possible outcomes.After the midnight Wed.March 14 2012 the 10 days will be over. You may not contact me directly anymore after that. The e-mails and take down notices WILL go out. The detailed report will be obtained about your financial assets such as: bank accounts statements, vehicles owned, real estate property, investments etc. if you transfer or hide any assets in order to avoid financial responsibility there might be very severe penalties. The "unfair business practices" charge against you is also being considered.(did you list your website as the source of income in when you applied for unemployment?) If you do decide to settle with my company, the Pay-Pal payment must be made by the indicated date and time. Should you choose to send the payment via USPS or other carrier, the copy of receipt (such as certificate of mailing or certified mail sender receipt,ups tracking num. or any other confirmation from the carrier you'll use) confirming that must be received by us no later than midnight wed. march 14 2012."

How do you think serious my situation is or its still a scam?

 

[army judge]

Scam, he's contacting you because he hasn't scammed the money out of you.

Just a scare tactic to get your attention.
But, you do what you want to do.
I'd not give in to pirates and bullies.

Today I've received an email from that guy:

"I have prepared "DMCA-Take Down" notices to be sent to your web hosting server and DNS provider. I have prepared e-mails to the prospective owners of the copyrighted files, that i reasonably suspect you took without consent, i'll be submitting demands for monetary compensation to your advertisers along with detailed explanations, all of the e-mails that we exchanged will be made available to court as a proof that i did try, way more than one is reasonably expected, to work this out with you and to explain to you the seriousness of the situation and possible outcomes.After the midnight Wed.March 14