Threatened To Be Sued If I Don't Pay Up. Do They Have Grounds?

[mnbguy]

Hello,

I had a porn blog that I had decided to give download links to free videos. I changed my mind and deleted the files from Share cash over a month ago and the link didn't work.

I left that blog as is, minus a message posted over a month ago telling the readers that the said files would not be available for download as I didn't want to break the Law.

Now, I am being contacted by Corbin Fisher (I had 2 posts on them) stating that they will sue me if I don't pay $2500 to them (is that legal blackmail?)

I tried telling them that the links weren't even working, and they clearly never tried to actually download any of the files.

They are saying that because I posted 6 pictures on the site, that they still have grounds for suing. I really didn't think in a million years that the pictures would be a problem as they are all over their own site, as well as other blogs who are affiliates for them.

I wrote them back explaining everything and I took down all the pictures and offered them the Website, as I don't even want it anymore.

They were unwilling to drop it and insisted on the $2500 or I would end up paying for it way more in the long run.

The site literally made me like $20/month, if that. Then I pretty much pay it back in hosting fees, etc. So I make little to nothing from it.

Am I smart to just pay them? I feel this is a case of the big guy picking on the little guy.

I admit that I had bad judgment ever thinking about it, but they have no proof at all that the links actually let to the said files.

Any advice? Please help...

 

[mnbguy]

I just received this response from him. They are being nasty!

Hello,

First of all, the files *were* available at one time. Nevertheless, the still photos are infringements in their own right.

I can explain why we are going after you: We go after *everybody* -- and *everybody pays.* Additionally, we cooperate with a number of other adult studios -- many of which also could bring suit against you.

If you want to go to court with us, and attempt to defend yourself, that is your constitutional right. Understand that our settlement offers do not go down -- they go up. For every hour that I have to spend on this file, your settlement number goes up by $400. Accordingly, this little exchange has likely cost you a few bucks (but I will not add that to the settlement number just yet).

For you to understand how I came to the $2,500 number: We charge at least $5,000 per image when we license our photographs. At that rate, you should be paying $30,000 + attorneys' fees. We are willing to let you out of this for less, since we have not yet had to file the lawsuit against you. The day we file, the minimum settlement will be $10,000 -- and the number will continue to go up. If you think that number is high, keep in mind that we have settled matters over a single image for five figures. You are getting off lightly.

We are not willing to trade services for settlement, but thank you for the offer.

Feel free to speak to an attorney or to have your attorney call me. If we have not resolved this by then, we will file suit against you on April 12, 2010. At that time, we will not be willing to revisit a $2,500 settlement.

If you wish to call me, you may do so at 619-866-XXXX. If you would like to arrange a payment plan, I'll work one out with you.

 

[mnbguy]

I'd also like to ad that the photos I used we NOT ones they license, but they were screenshot I look myself.

Should I be worried? Is he just using scare tactics?

 

[quincy]

Yes, you should be worried. You infringed on someone else's copyrights.

Corbin Fisher outlined your options.

You may wish to speak with an attorney, but I would do so soon, as the April 12 date is approaching rapidly.

 

[The Occultist]

It doesn't matter where you obtained the pictures, or even how you obtained the pictures (taking a screenshot is no better than striking ctrl+c), and it doesn't matter if you see anybody else doing it (ESPECIALLY since, as you stated, they were AFFILIATES of the site in question): you may not duplicate any work (this includes pictures) without permission (written is best) from the owner of the copyright (which, apparently, is Corbin Fisher); if you fail to comply, you are violating the law.