Alamy closed a misuse: what now?

[Cryptoprocta]

Reply from Irish Law Society:

"We regret that we cannot respond to requests for advice or information on individual cases.

If you require independent advice we suggest you make contact with an independent
solicitor. A full list of all practising solicitors with professional indemnity
insurance is found on the Law Society's website under "Find a Solicitor". The full
website address for this service is: www.lawsociety.ie/findasolicitor."

Huh, so much for complaints about their members, but given recent experience in my non-stock issue referred to in my OP, I'm not surprised. This is taking a very similar trajectory. :-(

[spacecadet]

1 minute ago, Cryptoprocta said:

Reply from Irish Law Society:

"We regret that we cannot respond to requests for advice or information on individual cases.

If you require independent advice we suggest you make contact with an independent
solicitor. A full list of all practising solicitors with professional indemnity
insurance is found on the Law Society's website under "Find a Solicitor". The full
website address for this service is: www.lawsociety.ie/findasolicitor."

Huh, so much for complaints about their members, but given recent experience in my non-stock issue referred to in my OP, I'm not surprised. This is taking a very similar trajectory. :-(

It's a form letter, but my guess is they won't entertain you because you're not his client.

[Cryptoprocta]

5 hours ago, spacecadet said:

It's a form letter, but my guess is they won't entertain you because you're not his client.

Which is more or less what the IP attorney implied. :-(

 

It's all pretty depressing. According to https://e-justice.europa.eu/content_small_claims-42-ie-en.do?member=1#toc_1_8 "1.5: If the matter goes to court, the parties must attend the District Court hearing.", so I'd be out for travel to/from the airport, flights and probably a night's accommodation, but he'd just need to do his daily commute of a few miles. And you can't claim back expenses from the other party.

[spacecadet]

Shamefully for a lawyer, I surmise he knows that and it's why he's thumbing his nose at you.

In England you might get some non-legal expenses for a hearing if you won but there's a limit of about £90 unless the other party has behaved unreasonably procedurally.

[Starsphinx]

This just seems totally wrong - that a solicitor can sit there knowing he is breaking the law confident the person he is hurting cannot do anything about it.

Found another possible avenue  - but dont know if it works for Republic of Ireland solicitors although it seems they do work with them http://www.sra.org.uk/consumers/problems/report-solicitor.page

[Cryptoprocta]

The Law Society of Ireland has a pdf 'complaints about solicitors', which says, inter alia:

 

The general rule is that complaints can only be made by or on behalf of a client about
their own solicitor. However, there are exceptions.*

*Exceptions
There are exceptions. For example, the Society can deal with a complaint if:
– your own solicitor endorses your complaint
– you are a beneficiary of an estate and you want to complain about the solicitor
who is administering the estate
– a solicitor is making a complaint about another solicitor
– a bank complains that a solicitor has not complied with an undertaking
– there is clear prima facie evidence of fraud or illegality

 

It is necessary to complete a printed-out form, sign it and post it if one of these exceptions applies. IMO 'prima facie evidence of illegality' is without doubt, and I believe their email should have told me of this. I will do that, but at £6 for each signed-for letter (and whatever it costs for 'international' phone calls), my expenses are mounting up already.

 

And totally coincidentally and ironically, I've today got a citation for jury service here in early Feb.

[spacecadet]

In which case I'm surprised he's brazening out. Surely he needs a professional conduct complaint like he needs a hole in the head.

[Cryptoprocta]

40 minutes ago, spacecadet said:

In which case I'm surprised he's brazening out. Surely he needs a professional conduct complaint like he needs a hole in the head.

I'm really not holding my breath for the Law Society to help (my IP attorney hinted as much). Even though it also says on their website that they would act on "Conduct tending to bring the solicitor's profession into disrepute" (which I've also pointed out in my covering letter). However, as we know, most of the public wouldn't think this was 'disreputable', just 'normal'. :-(

 

It's just that I see no viable alternative that won't cost me a lot more than I'll get.  Even though it's a matter of principle, I can't see any benefit in losing hundreds of pounds on this (which is probably why Alamy gave up).

 

Again, it's just insane that he just didn't step out of his office and take a picture on his phone.

[Starsphinx]

1 hour ago, Cryptoprocta said:

I'm really not holding my breath for the Law Society to help (my IP attorney hinted as much). Even though it also says on their website that they would act on "Conduct tending to bring the solicitor's profession into disrepute" (which I've also pointed out in my covering letter). However, as we know, most of the public wouldn't think this was 'disreputable', just 'normal'. :-(

 

It's just that I see no viable alternative that won't cost me a lot more than I'll get.  Even though it's a matter of principle, I can't see any benefit in losing hundreds of pounds on this (which is probably why Alamy gave up).

 

Again, it's just insane that he just didn't step out of his office and take a picture on his phone.

Unfortunately, the benefit is one of those can't measure, but important to many others, things - in that the only benefit is to build a tiny part of the "don't steal images" message.  The likes of big groups like Alamy deciding that fighting it is not worth the cost just sends the message the images are not worth protecting - which will contribute to lowering prices, and further encourage stealing.
It is not just in images either - right now across society, the message is going out that chasing and rectifying theft is not worth the money.  With more and more documented incidences of the police failing to attend or chase household burglary - when the only way ordinary people can get their stuff back is to go out and find it and do it themselves.

While I understand the cost of fighting for a principle and the reasons why people may choose not to - if you set up a go fund me to chase this bleeptard pin him down and make the point I will donate.

[Cryptoprocta]

Sorry, I forgot to post how I got on.

After the above (registered letter, email, two phone calls, email to the LSI), I wrote a registered letter to the Law Society of Ireland, who said it was a commercial matter, not a legal matter. Don't know how they work that out, but IANAL. Again referred me to the list of Irish lawyers (if it's not a legal matter, why refer me to their list of lawyers?).

 

My only cost-free recourse now is to chase his ISP, who may have been his web designer, as I see they offer that as a service, but when I asked the clerkess, she said she didn't know who had designed it. At first I was hopeful as I noticed the ISP had its HQ in the US, so I thought if nothing else, a DMCA would get the image taken down for sure; but when I looked further, I see they have also got an 'HQ' in Dublin. So I will ask them to take it down, but not with DMCA backup.

Meanwhile, it's time to name and shame.

This is the page with my image:

http://www.kennysullivan.ie/contact

 

This is the image on Alamy:

https://tinyurl.com/yxsscxqj

 

[Sally]

9 minutes ago, Cryptoprocta said:

Sorry, I forgot to post how I got on.

After the above (registered letter, email, two phone calls, email to the LSI), I wrote a registered letter to the Law Society of Ireland, who said it was a commercial matter, not a legal matter. Don't know how they work that out, but IANAL. Again referred me to the list of Irish lawyers (if it's not a legal matter, why refer me to their list of lawyers?).

 

My only cost-free recourse now is to chase his ISP, who may have been his web designer, as I see they offer that as a service, but when I asked the clerkess, she said she didn't know who had designed it. At first I was hopeful as I noticed the ISP had its HQ in the US, so I thought if nothing else, a DMCA would get the image taken down for sure; but when I looked further, I see they have also got an 'HQ' in Dublin. So I will ask them to take it down, but not with DMCA backup.

Meanwhile, it's time to name and shame.

This is the page with my image:

http://www.kennysullivan.ie/contact

 

This is the image on Alamy:

https://tinyurl.com/yxsscxqj

 

Do you use Twitter? It can be a powerful tool. Although the solicitor doesn’t have a Twitter account you could Tweet at other organisations eg @irishsunnews 

[Cryptoprocta]

Just now, Sally said:

Do you use Twitter? It can be a powerful tool. Although the solicitor doesn’t have a Twitter account you could Tweet at other organisations eg @irishsunnews 

I'm 'on' it, but I don't exactly 'use' it; certainly worth looking into.

[MDM]

18 minutes ago, Cryptoprocta said:

Sorry, I forgot to post how I got on.

After the above (registered letter, email, two phone calls, email to the LSI), I wrote a registered letter to the Law Society of Ireland, who said it was a commercial matter, not a legal matter. Don't know how they work that out, but IANAL. Again referred me to the list of Irish lawyers (if it's not a legal matter, why refer me to their list of lawyers?).

 

 

 

I am no legal expert buy I expect that the Law Society of Ireland would only be interested if your complaint was about legal malpractice. This is clearly not legal malpractice.

[Cryptoprocta]

Just now, MDM said:

 

I am no legal expert buy I expect that the Law Society of Ireland would only be interested if your complaint was about legal malpractice. This is clearly not legal malpractice.

True: legal malpractice isn't the same as illegal practice!

[Tony]

So why don't we all send them an email... asking why they are using a stolen image to promote their business, I've just done so.

 

How about contacting the local rag, that would hurt them if printed.

[Rico]

1 hour ago, Tony said:

So why don't we all send them an email... asking why they are using a stolen image to promote their business, I've just done so.

Great idea!

Done

[MizBrown]

Deleted.

[BobD]

Done.

[Thyrsis]

22 hours ago, Tony said:

So why don't we all send them an email... asking why they are using a stolen image to promote their business, I've just done so.

 

How about contacting the local rag, that would hurt them if printed.

 

Really don’t think you should be doing that without asking the OP first!

[Tony]

26 minutes ago, Thyrsis said:

 

Really don’t think you should be doing that without asking the OP first!

 

Liz said "Meanwhile, it's time to name and shame."

 

I agree, that's exactly what I'm doing. I sent an email to all three solicitors asking why they are using a stolen image to promote their law firm.

 

But I will ask the question... Cryptoprocta or Liz Leyden, do you mind if we remind the arrogant law firm, that they are using your image to promote their business without due payment.

 

By the way they advertise that they can help with intellectual property theft!!!

 

Tony

[Cryptoprocta]

38 minutes ago, Tony said:

 

Liz said "Meanwhile, it's time to name and shame."

 

I agree, that's exactly what I'm doing. I sent an email to all three solicitors asking why they are using a stolen image to promote their law firm.

 

But I will ask the question... Cryptoprocta or Liz Leyden, do you mind if we remind the arrogant law firm, that they are using your image to promote their business without due payment.

 

By the way they advertise that they can help with intellectual property theft!!!

 

Tony

I don't mind at all. I will be very interested if you get any reply. I haven't had any reply from them to my letter or emails. I spoke to their clerkess on the phone (three times, not two, according to my phone bill!), but she just bleated that she "didn't know anything about it". The third time I phoned, she said she felt I was "picking on her", but I pointed out that her 'manager' was "in court" each time I phoned, and she had refused each time to let me speak to either of the other lawyers because they also "wouldn't know anything about it", so who could I speak to other than her?

"A client has just come in" CLICK!

[Rob Lavers]

Is it on their website? If so then see if it was done for them by a website designer. I had a similar case when I knew I would get nowhere with the user so threatened the website designer with legal action which got a rapid response.

 

Otherwise don't waste your time phoning again just send a recorded delivery letter with an invoice to the partners/directors giving them 14 days to pay, and if no response issue a small claims court summons.

[Rob Lavers]

On 01/12/2018 at 00:42, Cryptoprocta said:

Which is more or less what the IP attorney implied. 😞

 

It's all pretty depressing. According to https://e-justice.europa.eu/content_small_claims-42-ie-en.do?member=1#toc_1_8 "1.5: If the matter goes to court, the parties must attend the District Court hearing.", so I'd be out for travel to/from the airport, flights and probably a night's accommodation, but he'd just need to do his daily commute of a few miles. And you can't claim back expenses from the other party.

No, you have it heard in a court near you. That's how it works.

 

[Cryptoprocta]

13 minutes ago, Rob Lavers said:

No, you have it heard in a court near you. That's how it works.

That's not spelled out in the page I referred to, which is particuarly about EU small claims in Ireland. I don't see it saying they'd hold the case in another country.

However, you may have another source of information.

 

TBH, having looked at the page linked to below, I'm not sure this would even qualify for Irish Small Claims:

"Type of claims dealt with

(a) a claim for goods or services bought for private use from someone selling them in the course of a business (consumer claims)

(b) a claim for goods or services bought for business use from someone selling them in the course of a business (business claims)

(c) a claim for minor damage to property (but excluding personal injuries)

(d) a claim for the non-return of a rent deposit for certain kinds of rented properties. For example, a holiday home or a room / flat in a premises where the owner also lives

provided that a claim does not exceed €2,000.

Claims in respect of other matters relating to rented accommodation must be brought to: Residential Tenancies Board, P.O. Box 47, Clonakilty, Co. Cork. Website: http://www.rtb.ie/

Excluded from the small claims procedure are claims arising from:

(a) a hire-purchase agreement

(b) a breach of a leasing agreement

(c) debt"

http://www.courts.ie/Courts.ie/Library3.nsf/0/A9C6E93D70127EF38025810D0034EAD6?opendocument&l=en

[Cryptoprocta]

29 minutes ago, Rob Lavers said:

Is it on their website? If so then see if it was done for them by a website designer. I had a similar case when I knew I would get nowhere with the user so threatened the website designer with legal action which got a rapid response.

 

Otherwise don't waste your time phoning again just send a recorded delivery letter with an invoice to the partners/directors giving them 14 days to pay, and if no response issue a small claims court summons.

It is on their website as linked to in my post above.

As I said in a previous post, the clerkess claimed she "didn't know" about whether a website designer had designed the site, and wouldn't find out for me.

I already sent a registered letter with an invoice and 14 days to pay, back in October. The clerkess I have spoken to on the phone is the person who signed for the letter.

Like I said, it would be too expensive to travel to Ireland, almost certainly involving two overnight stays, certainly one and expenses aren't claimable.

Also from the link in my post immediately above:

"The Small Claims procedure is an alternative method of commencing and dealing with a civil proceeding in respect of a small claim and is provided for under the District Court (Small Claims Procedure) Rules, 1997 & 1999 as amended by Statutory Instrument No. 519 of 2009, Order 53A.

It is a service provided by District Court offices and is designed to handle consumer claims and business claims cheaply without involving a solicitor.

To be eligible to use the procedure, you, the 'consumer' must have bought the goods or services (or the service) for private use from someone selling them in the course of business.  As a 'business' you must have bought the goods or services (or the service) for use in business from someone selling them in the course of business."

It's different from the  England and Wales small claims procedure which is certainly available to reclaim unpaid debts.

In Scotland where I live, it's different again (the 'Simple Procedure'). The International IP lawyer I consulted said my only recourse would be to take it through the Irish court, with an Irish lawyer.