On 03/03/2008, WJhonson@aol.com WJhonson@aol.com wrote:
Just to address the "lawyers are not required to send a 'takedown' notice"
By this I assume BC means a "cease and desist". I believe this is de facto false. While it is true a lawyer could file a suit for anything, any case being brought, without having made any preliminary action to correct the issue, would be, imho, thrown out of court.
The first thing a judge looks at is, "have you attempted to correct this out of court" ? That is did you make any attempt to settle this without wasting the court's time ?
Unfortunately they can demand money as part of their attempt to settle out of court. A few hundred dollars is not unusual (see people moaning about picscout). A few hundred per pics so say about a million for 2K images. Of course that is rather less than you risk ending up paying if you take is to court.