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Author Topic: Fotolia D-Day (Deactivation Day) - May,1  (Read 310124 times)

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Beppe Grillo

« Reply #1200 on: May 18, 2014, 07:14 »
-1
They both share the opinion at this point that taking action is futile. I do not fully disagree with that either, but I do think the right action is hard to achieve.

We need money and a good lawyer. I still dont understand that non of the agencies have ever been sued for all the malpractice we have seen over the years. I think it takes one good court case to hang one of these agencies to stop the rest from exploiting us once and for all.

I agree that if we create a precedent it will be easier then

I think the necessary funds could be raised through crowdsourcing. If each of us contributed a small amount, the total amount might be more than enough to hire a lawyer.

I think that the first step is to find a lawyer and ask him a quote.
Then decide what it is possible to really do, and how
« Last Edit: May 18, 2014, 07:19 by Beppe Grillo »


Ron

« Reply #1201 on: May 18, 2014, 07:16 »
-2
Not sure why you keep mocking me on MSG today, Beppe, but I guess its because its Sunday and you are bored.

You changed your comment after I posted.

Beppe Grillo

« Reply #1202 on: May 18, 2014, 07:26 »
+1
Not sure why you keep mocking me on MSG today, Beppe, but I guess its because its Sunday and you are bored.

You changed your comment after I posted.

You are so fast to answer to posts that I suspect that you you have nothing more to do than to stay in front of your monitor continually clicking the page refresh button of your browser.

And no, you are far to be the center of my attention, sorry too delude you.

(The edit at at 15:19 was related to Svetlana's post)
« Last Edit: May 18, 2014, 07:31 by Beppe Grillo »

Ron

« Reply #1203 on: May 18, 2014, 08:00 »
+1
You are lying, Ive read your comment, it was about Erin Brockovich and then changed it. I am not deluded, dont worry about my sanity. 

I dont want Leaf to lock this thread. Please ignore this spat and keep on topic.
« Last Edit: May 18, 2014, 08:16 by Ron »

Beppe Grillo

« Reply #1204 on: May 18, 2014, 08:18 »
-3
You are lying, Ive read your comment, it was about Erin Brockovich and then changed it. I am not deluded, dont worry about my sanity. At least I am not a sneak.

I don't admit that you offend me calling me liar or sneak!!
I am not lying!
I never said or written that I did not change my comment!
I have made two edits:
- the first to change my comment "Ask Erin Brokovitch" in "I agree that if we create a precedent it will be easier then" because after reflection I decided that it was not a good comment. (in the while you wrote your answer, before that I sent my first edit - these are things that happen on forums).
- the second at 15.19 to insert in my post a quote from Svetlana and the answer.

Nothing more.
« Last Edit: May 18, 2014, 08:28 by Beppe Grillo »

Beppe Grillo

« Reply #1205 on: May 18, 2014, 08:30 »
+2

I dont want Leaf to lock this thread. Please ignore this spat and keep on topic.

No problem Ron.
I agree.
I have nothing personal against you, and never had.

+1

« Reply #1206 on: May 18, 2014, 08:53 »
+16
Changes in the number of images on DPC today (Moscow time):

  Date and time            Images on DPC   Change
18-05-2014 17:09:01    21,775,858    -11,583
18-05-2014 14:09:00    21,787,441    5,016
18-05-2014 11:08:58    21,782,425    -1,795
18-05-2014 08:08:59    21,784,220    -909
18-05-2014 06:08:58    21,785,129    -1,033
18-05-2014 05:08:53    21,786,162    -558
18-05-2014 03:09:00    21,786,720    -1,297
18-05-2014 01:08:56    21,788,017    1,679
18-05-2014 00:09:00    21,786,338    -289

« Reply #1207 on: May 18, 2014, 08:59 »
+3
Keep opting out fellow contributors so we can be united and bring about the downfall of DFC!

« Reply #1208 on: May 18, 2014, 09:23 »
+12
Lawsuits - even if successful - are slow. DPC needs to not get off the ground, not be shut down a decade from now

I think the complexity of this international internet business (from a legal point of view) plus the ability of any agency to terminate any contributor at any time for no reason make that a non productive option

« Reply #1209 on: May 18, 2014, 10:17 »
+2
I believe a class action lawsuit in the U.S. is free until you win; then the attorneys take 1/3. But you do need a group of people to initiate things and follow through and an attorney who thinks the case has merit and potential monetary damages are worth taking on the case.

For a still-small player like DPC, it's so much easier to simply choke off their revenue by opting out and starving them of product. The problem is getting in touch with all the contributors.

It depends on the lawyer. There's nothing that says class action lawsuits must pay that way, it's just there's a whole sector of that profession that seeks out winnable class action lawsuits and takes the proceeds if they win.

I don't think a trial lawyer would take this case.

EmberMike

« Reply #1210 on: May 18, 2014, 10:28 »
-1
Mike why the sudden change of opinion? You disagreed with Lisa but now I think youre taking the same opinion as her. I am not saying thats wrong, Maybe Lisa wasnt that wrong either? You seem to have given up, which I find sad to see, as you were always full of fight and I admired you for that. Maybe you have come to the same conclusion as Lisa now.

I haven't changed anything about my opinion of DPC. As mentioned, I'm opted out and deleted half of my portfolio at FT. I contacted other contributors and helped get over 10,000 more images opted out. And I never said the industry was dead. So as far as I can tell, I'm pretty much the complete opposite of Lisa who is of the opinion that microstock is dead and that it's ok to just try and scrape whatever last few pennies we can out of the business by any means necessary, and to hell with the long-term vitality of microstock.

I'm giving up on trying to stop DPC, though. Again, doesn't mean I changed any opinion about it. I just know it's a losing battle, and there is no point wasting time on it anymore. The image count at DPC isn't going down, contrary to what some selective views of the numbers might suggest here. It's at 21.77 million right now. It was under 21.7 earlier this week. And as mentioned several times in this thread already, there is no way that opt-outs can out-pace uploads at FT that are opted in. Eventually you'll run out of people to try and get opted out, but uploads to FT won't stop and there will always be plenty of people still opted in to have those uploads moved over to DPC.

Fighting these companies doesn't work. Fighting them to the extent of putting them out of business (which a disturbing number of people in here have suggested is the end goal) is insanity. It will never happen. We can't even get the number of images at DPC under 20 million, and even if we did, all they really need to stay in business is probably 10 million.

Also as mentioned already, I am all for continuing to fight if the fight makes sense. What is going on right now, just trying to squeeze out a few more opt-outs and maybe get the image count to go down slightly, it isn't working and never will. I was happy to participate and try to make a difference, and I did exactly that along with you and everyone else. But it failed. So it's time to move on.

Maybe I'm just coming to that realization a bit before everyone else. Eventually, everyone will have to acknowledge that this can't win, it's impossible. Looking at the numbers, hearing directly from FT that they are happy with the $10 minimum, this stuff isn't going to change. I don't understand why so many people don't see that yet. There is no fight left to rally everyone around. It's already over.
« Last Edit: May 18, 2014, 10:31 by EmberMike »

Dook

« Reply #1211 on: May 18, 2014, 10:36 »
+8
Changes in the number of images on DPC today (Moscow time):

  Date and time            Images on DPC   Change
18-05-2014 17:09:01    21,775,858    -11,583
18-05-2014 14:09:00    21,787,441    5,016
18-05-2014 11:08:58    21,782,425    -1,795
18-05-2014 08:08:59    21,784,220    -909
18-05-2014 06:08:58    21,785,129    -1,033
18-05-2014 05:08:53    21,786,162    -558
18-05-2014 03:09:00    21,786,720    -1,297
18-05-2014 01:08:56    21,788,017    1,679
18-05-2014 00:09:00    21,786,338    -289

It good to see DPC going down again. Someone here said that we lost the battle cause DPC is going up. Well, that changed now.

EmberMike

« Reply #1212 on: May 18, 2014, 11:03 »
+2
Changes in the number of images on DPC today (Moscow time):

  Date and time            Images on DPC   Change
18-05-2014 17:09:01    21,775,858    -11,583
18-05-2014 14:09:00    21,787,441    5,016
18-05-2014 11:08:58    21,782,425    -1,795
18-05-2014 08:08:59    21,784,220    -909
18-05-2014 06:08:58    21,785,129    -1,033
18-05-2014 05:08:53    21,786,162    -558
18-05-2014 03:09:00    21,786,720    -1,297
18-05-2014 01:08:56    21,788,017    1,679
18-05-2014 00:09:00    21,786,338    -289

It good to see DPC going down again. Someone here said that we lost the battle cause DPC is going up. Well, that changed now.

It was under 21.7 million a few days ago. Just because today it's down, on a longer timeline, it is in fact, up.

Doesn't matter if it goes down just for a day. Let's see how the next few days go.

ShadySue

  • There is a crack in everything
« Reply #1213 on: May 18, 2014, 11:07 »
+2
Is there really no equivalent of the ASA in the US?
I see on their front page, they're advertising "100,000 new images every week".
If that doesn't happen, is there really no simple way of making them accountable?

(Hmmm, from what EmberMike says, they seem to be hitting that target.)

« Reply #1214 on: May 18, 2014, 11:10 »
+19
Ember Mike, you might be right - there's a very good chance that you are. But, then again, there's a chance that you're wrong, too.

The only way we can be sure of having lost is by giving up.

Yesterday, in the Italian tennis, Andy Murray thrashed Rafael Nadal in the first set. It was obvious that Nadal was losing - but then the Spaniard won the next two sets. If only he'd given up after the first set, then our boy would have won!

Shelma1

  • stockcoalition.org
« Reply #1215 on: May 18, 2014, 11:17 »
+2
Is there really no equivalent of the ASA in the US?
I see on their front page, they're advertising "100,000 new images every week".
If that doesn't happen, is there really no simple way of making them accountable?

(Hmmm, from what EmberMike says, they seem to be hitting that target.)

My guess is they're more likely to stop making that claim now that you've pointed it out, just like they dropped the claim about how many millions were one dollar forever.

EmberMike

« Reply #1216 on: May 18, 2014, 11:56 »
+2

I love that I get down votes for stating a fact about the DPC numbers.

Good luck with the revolution, folks. I'm out.

Ron

« Reply #1217 on: May 18, 2014, 12:03 »
+11
Thanks for helping out Mike. I am sorry to see you go, honestly. I think you are important to us and you have great experience and a lot of knowledge. Thanks again.

« Reply #1218 on: May 18, 2014, 12:10 »
0
Thanks for helping out Mike. I am sorry to see you go, honestly. I think you are important to us and you have great experience and a lot of knowledge. Thanks again.

+1

« Reply #1219 on: May 18, 2014, 12:17 »
+1
I believe a class action lawsuit in the U.S. is free until you win; then the attorneys take 1/3. But you do need a group of people to initiate things and follow through and an attorney who thinks the case has merit and potential monetary damages are worth taking on the case.

For a still-small player like DPC, it's so much easier to simply choke off their revenue by opting out and starving them of product. The problem is getting in touch with all the contributors.

It depends on the lawyer. There's nothing that says class action lawsuits must pay that way, it's just there's a whole sector of that profession that seeks out winnable class action lawsuits and takes the proceeds if they win.

I don't think a trial lawyer would take this case.

Why you need a lawyer? A crime must be pursued in most western countries by the state. It is sufficient a complaint with the police.  It should be examined whether the unsolicited disclosure of material to the DPC is a crime or not.

« Reply #1220 on: May 18, 2014, 13:26 »
+6
Why you need a lawyer? A crime must be pursued in most western countries by the state. It is sufficient a complaint with the police.  It should be examined whether the unsolicited disclosure of material to the DPC is a crime or not.

That depends on if it is a violation of contract which is a civil offence where you claim financial compensation, or a breach of the law which is criminal where you complain to the police and the State takes over the case. 

« Reply #1221 on: May 19, 2014, 02:25 »
+16
I searched main categories on DFC and Fotolia (photos, vectors, illustrations) to see what the numbers are. DPC numbers seem to be approx 75% of Fotolia. That is a positive start and theoretically means many contributors have opted out of DPC. However in order to really pressure Fotolia and DPC we have to try and get that % down to 50% and under so that DPC is only half the size of Fotolia. Once clients begin realizing that DPC has limited options compared to Fotolia and other micros, they should be put off buying subscriptions.

« Reply #1222 on: May 19, 2014, 05:27 »
+17
I'm following the number of search results for "background" and after a brief rise i thinks it's back to an all time low again :). That's good.

Anyone know who's behind "Africa Studio"? Would be nice to see those over 400.000 high quality images go. (although it's not impossible that Fotolia gave some special deals for contributors that important..)

Beppe Grillo

« Reply #1223 on: May 19, 2014, 07:26 »
+15
Africa Studio should be the studio of Olga Chernetskaya in Ukraine,  I think.
Or she worked with them (there are identical photos on both sites).
I am trying to find them too, but it is not very easy.
http://www.istockphoto.com/user_view.php?id=2535718

_
Edit: I have written her right now, asking her if she can give me the contact with Africa Studio and inviting her to participate to the forum.
Difficult to do more at this time.
Let's see
« Last Edit: May 19, 2014, 07:49 by Beppe Grillo »

« Reply #1224 on: May 19, 2014, 12:06 »
+28
I have personally contacted over 90 artists many of whom haven't heard about DPC and many are opting out.
We need to keep up the battle.


 

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