dylanwinter
Active member
the upper limit for small claims in Scotland is £3K
jolly good job Scotland did not go independent - I might have been facing a claim in Euros.
I have just been Alan Mackie'd
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the upper limit for small claims in Scotland is £3K
jolly good job Scotland did not go independent - I might have been facing a claim in Euros.
NormanS
Well-known member
I have some sympathy with Dylan, but the more he slags off the gentleman pursuing him, the less sympathy I have. I'm not convinced that publishing previous demeanours and court appearances by his pursuer helps his case. Indeed, it keeps on reminding me of the style of a certain US Presidential election hopeful, who in the cause of decency, shall remain nameless. 
Angele
Active member
+1
And knowingly abusing copyright via a forum kindly hosted by Time Inc for our benefit.
Yellow Ballad
Well-known member
I was going to suggest not signing for any recorded post.
sarabande
Well-known member
that doesn't work. The Post Office logs a refused acceptance, and it just makes life more difficult.
dylanwinter
Active member
I am part way through changing house so refusing registered letters would be counterproductive.
Bru
Well-known member
The defence rests it's case m'lud
Or so it would seem unless there is contradictory case law anyway
dylanwinter
Active member
I have some sympathy with Dylan, but the more he slags off the gentleman pursuing him, the less sympathy I have. I'm not convinced that publishing previous demeanours and court appearances by his pursuer helps his case. Indeed, it keeps on reminding me of the style of a certain US Presidential election hopeful, who in the cause of decency, shall remain nameless.
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agurney
Active member
There's plenty of on-line information about 'copyright trolls', and in particular about the activity of Getty Images who have the same modus operandi, but who are considerably more expensive. There's plenty of legal advice from both sides of the pond (which boils down to removing the item in question, being polite and coming to an agreement).
Yellow Ballad
Well-known member
Good to know, I suppose the sender can still prove they had made an attempt.
dylanwinter
Active member
But Gerty puts a proper watermark across their images
http://cache1.asset-cache.net/gc/49...ubr3SjumxtfO5bVwe0GXIJDTMFv9zLpbv4kxtz3aSAJsF
so they actually want you to use their image and pay for their use
what we have here is something much closer to Pfishing which is closely followed by a threat of court action
D
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doug748
Well-known member
That's most definitely not correct. If you lose the case and don't pay up you will indeed a receive a knock on your door and they will almost certainly gain entry one way or another and start to take goods, even though they cannot force entry. Even if you manage to keep them out, anything outside your home such as your car, will be taken. The longer you don't pay, the higher the eventual settlement costs will become.
Richard
Yes, that post was badly worded and trailed a number of red herrings. I have obliterated it. You will certainly run up increasing bill the more you resist
However the point I was making (badly) was that those who will not pay cannot be made to in the final analysis. Some folk exist on an astral plane of unpaid debt, most people with experience as a landlord will be familiar with the type. They know that their possessions are not worth annexing, if they are they can be replaced by charity or benefit
I am not suggesting DW joins this happy band.
Fluvial66
New member
This entire saga reminds me of private parking companies trying to make money out of unsuspecting folk.
On 3 occasions I have received legal letters from such companies threatening me with court action should
I fail to pay a "fine".
Each time I failed to acknowledge or reply to any communication. One company chased me with correspondence
for over a year. One hired a lawyer who specialized in parking "infringements" to send me further letters.
I never replied nor engaged in any communication. They were posting into a black hole.
On all 3 occasions they gave up - its just not worth their time/cost/effort to pursue.
I would be inclined to act accordingly regarding this.
On 3 occasions I have received legal letters from such companies threatening me with court action should
I fail to pay a "fine".
Each time I failed to acknowledge or reply to any communication. One company chased me with correspondence
for over a year. One hired a lawyer who specialized in parking "infringements" to send me further letters.
I never replied nor engaged in any communication. They were posting into a black hole.
On all 3 occasions they gave up - its just not worth their time/cost/effort to pursue.
I would be inclined to act accordingly regarding this.
JumbleDuck
Well-known member
Small claims cases are heard by sheriffs, and as far as I know they make their judgments on the law, not on what either party may or may not have said beforehand
A student essay from Southampton Solent University may not be the most reliable source of information on copyright law in Scotland. Dylan should read up on The Shetland Times vs The Shetland News. Summary: an ex editor of The Shetland Times, a newspaper with a website, set up a competing website called The Shetland News which displayed headlines from the Shetland Times and, when they were clicked on, displayed Shetland Times material as if it came from the Shetland Times. The case was eventually settled out of court, with the Shetland News agreeing to give on-screen credit whenever material fro the Shetland Times was shown. Some of the saga is at http://www.lectlaw.com/files/elw10.htm
If Mr Mackie really does have a track record of winning these cases in front of sheriffs, £450 might be quite cheap for the learning experience. Not everybody thinks that copyright is dead.
Lucky Duck
Well-known member
This course of action is considered to be out of date, the current advice is to get the charge cancelled via the statutory appeals service. Some parking companies do issue court proceedings even if it costs them more than they would recover (plus they loose a great number of them when properly defended)
dylanwinter
Active member
He has a track record of threatening people with the court that is for sure
I took down the image as soon as I was notified
but that does not stop him threatening to have me up before the beak which will include the 800 mile round trip
D
agurney
Active member
Lon nan Gruagach
Active member
While I fully understand the technical get out explained in that document, I am staggered that it carries weight. By hotlinking an image you are publishing it as part of your website. I guess that while it is not considered copyright infringement, in this particular case I believe that the published terms and conditions preclude publishing.
dylanwinter
Active member
this is the only link I can find with reference to a small claims court proceeding in Ayr concerning this bloke
http://www.casecheck.co.uk/mackie-t...hy-v-askew-ayr-sheriff-court-august-2009.html
it was a while ago now
I cannot find any more recent links. Any info gratefully received.
http://www.casecheck.co.uk/mackie-t...hy-v-askew-ayr-sheriff-court-august-2009.html
it was a while ago now
I cannot find any more recent links. Any info gratefully received.
Resolution
Well-known member
But what have they done to your credit record in the meantime?
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