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Author Topic: istock organises conference call with selected few  (Read 82799 times)

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« Reply #250 on: March 15, 2011, 14:09 »
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Sean, I am really glad you were chosen.  You were my first thought when this panel was suggested.

Please don't let us down by turning into just another mouthpiece for Getty, trying to pacify us all into submission...

+1  :)


lagereek

« Reply #251 on: March 15, 2011, 14:14 »
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Sean!!

There could be a knighthood in for you. Lord Sean of the Lock. Funny thing is, there is such a Baron in Scotland. Didnt know that did you.

« Reply #252 on: March 15, 2011, 14:19 »
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Sean!!

There could be a knighthood in for you. Lord Sean of the Lock. Funny thing is, there is such a Baron in Scotland. Didnt know that did you.

Maybe he could have the title Lord Sean of the StockMess?

« Reply #253 on: March 15, 2011, 14:37 »
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So let's try to get the English aristocracy straight please :) The venerable Debrett's can assist.

Lord Humphemhumph is a peer - a Baron (life or hereditary). Sir Floppyears Humphemhumph is a knight - awarded a knighthood lifetime only

Peerages use last name, not first - Lord Locke - knighthoods first name - Sir Sean. The peer is "of Someplace" - as in Lord Locke of St. Louis (which sounds rather odd)

And as a US citizen (I presume) the esteemed Mr. Locke isn't elgible for anything but the honorary form :)

« Reply #254 on: March 15, 2011, 14:51 »
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So let's try to get the English aristocracy straight please :) The venerable Debrett's can assist.

Lord Humphemhumph is a peer - a Baron (life or hereditary). Sir Floppyears Humphemhumph is a knight - awarded a knighthood lifetime only

Peerages use last name, not first - Lord Locke - knighthoods first name - Sir Sean. The peer is "of Someplace" - as in Lord Locke of St. Louis (which sounds rather odd)

And as a US citizen (I presume) the esteemed Mr. Locke isn't elgible for anything but the honorary form :)


It must seem comically ridiculous to citizens of the US where the highest title is 'Mr' __ as in 'Mister' President.

« Reply #255 on: March 15, 2011, 14:57 »
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...It must seem comically ridiculous to citizens of the US where the highest title is 'Mr' __ as in 'Mister' President.


Seems pretty antique and cobweb-draped to me, and I grew up with this stuff :)

lagereek

« Reply #256 on: March 15, 2011, 15:23 »
0
So let's try to get the English aristocracy straight please :) The venerable Debrett's can assist.

Lord Humphemhumph is a peer - a Baron (life or hereditary). Sir Floppyears Humphemhumph is a knight - awarded a knighthood lifetime only

Peerages use last name, not first - Lord Locke - knighthoods first name - Sir Sean. The peer is "of Someplace" - as in Lord Locke of St. Louis (which sounds rather odd)

And as a US citizen (I presume) the esteemed Mr. Locke isn't elgible for anything but the honorary form :)


Well I dont want to brag or boast but I actually originate from the 13th centuary Clan of MacLomond, which in later years became known as Montrose and an arch enemy of Rob-Roy.
There of my half British/Scotish ancestry.

didnt know that, did you.

lagereek

« Reply #257 on: March 15, 2011, 15:26 »
0
So let's try to get the English aristocracy straight please :) The venerable Debrett's can assist.

Lord Humphemhumph is a peer - a Baron (life or hereditary). Sir Floppyears Humphemhumph is a knight - awarded a knighthood lifetime only

Peerages use last name, not first - Lord Locke - knighthoods first name - Sir Sean. The peer is "of Someplace" - as in Lord Locke of St. Louis (which sounds rather odd)

And as a US citizen (I presume) the esteemed Mr. Locke isn't elgible for anything but the honorary form :)


It must seem comically ridiculous to citizens of the US where the highest title is 'Mr' __ as in 'Mister' President.


A Mister in England is one of the highest titles for a Doctor, often a surgeon, so its not too bad.

« Reply #258 on: March 15, 2011, 15:27 »
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The NDA is up: http://www1.istockphoto.com/forum_messages.php?threadid=313542&page=38

Confidential Information includes, but is not limited to, all information received by the Recipient during the discussion of fraudulent activity on www.istockphoto.com, whether received orally or in writing.

« Reply #259 on: March 15, 2011, 15:31 »
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I hope this is more than a distraction.  IS already knows all the problems with the site, issues with security, anger by nonexclusives, etc... they are written in the forums and sitemails.  I hope we learn something from this call and IS will keep the contributors in mind before making changes in the future. Maybe they have realized they need to change and that's why all this is going on now?

I think this is no more or less than trying to distract us from calling for an audit or organizing a class action lawsuit. 

iStock have an idea, execute it , and it works???!!!


That's a first :-)

that's what I am thinking.

Yup, yup. They think we're f'idiots.

« Reply #260 on: March 15, 2011, 15:44 »
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Lawyer RBFried weighs in:

"Confidential Information includes, but is not limited to, all information received by the Recipient during the discussion of fraudulent activity on www.istockphoto.com, whether received orally or in writing."


As a background, I've been a technology law attorney for 20 years and have negotiated thousands of NDAs.   I do find this description is very broad ("ALL information received" during the call).  I don't know how useful the call is going to be if absolutely nothing at all can be disclosed about it.  Additionally, if the NDA is going to say "not limited" there should be some requirement on the disclosing party to declare/label the specific piece of information as "confidential" (how else is the recipient going to know that the info disclosed is supposed to be proprietary?  You can't read iStock's mind and know that it considers a specific piece of information to be "either information not known by actual or potential competitors of the Disclosing Party or is proprietary information of the Disclosing Party."  This is not necessarily easy to determine if you're the recipient.)   [that being said, the language in the NDA is mostly standard stuff...and, in fairness, I have occasionally drafted NDAs this broad before.  Just not sure it serves the current purpose of supplying the contributors with some degree of explanation of the situation.] 


On the flip side, if it's an open investigation, I have to think that iStock should be cautious about what gets out there, and that it certainly does not want any financial details or details around its fraud detection technology or anything else like that to be made public.  That's totally understandable.  So, I do get why there needs to be an NDA, and why a lot of stuff should be held confidential.


Is there a list of things that the representatives ARE allowed to gather from this conference call and disclose to contributors?   Can that be agreed upon and carved out during the call?   Otherwise, if the NDA is treated at face value, this conference call could be like a tree falling in the forest with no one around.  After the call, maybe the parties can at least agree on some sanitized description that gives us a little more information??


Personally, my concern is: As our agent, iStock should have at least some fiduciary duty to us to let us know why our images got stolen, what it will do to make things right, and why is it putting the onus on us for its mistakes?   As many have said: our images have been stolen and are floating around thanks to its (likely negligent) actions, causing their value to be greatly reduced/diluted...and, to top it off, we are also out any compensation for those images (I'm not losing as much as some, but I'm certainly out at least hundreds of dollars...approaching $1000). 


I do firmly believe that we are entitled to a more detailed explanation...and, I believe, some compensation from iStock for its role in this...at a bare minimum. 

http://www1.istockphoto.com/forum_messages.php?threadid=313542&page=38

lagereek

« Reply #261 on: March 15, 2011, 15:56 »
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Lawyer RBFried weighs in:

"Confidential Information includes, but is not limited to, all information received by the Recipient during the discussion of fraudulent activity on www.istockphoto.com, whether received orally or in writing."


As a background, I've been a technology law attorney for 20 years and have negotiated thousands of NDAs.   I do find this description is very broad ("ALL information received" during the call).  I don't know how useful the call is going to be if absolutely nothing at all can be disclosed about it.  Additionally, if the NDA is going to say "not limited" there should be some requirement on the disclosing party to declare/label the specific piece of information as "confidential" (how else is the recipient going to know that the info disclosed is supposed to be proprietary?  You can't read iStock's mind and know that it considers a specific piece of information to be "either information not known by actual or potential competitors of the Disclosing Party or is proprietary information of the Disclosing Party."  This is not necessarily easy to determine if you're the recipient.)   [that being said, the language in the NDA is mostly standard stuff...and, in fairness, I have occasionally drafted NDAs this broad before.  Just not sure it serves the current purpose of supplying the contributors with some degree of explanation of the situation.] 


On the flip side, if it's an open investigation, I have to think that iStock should be cautious about what gets out there, and that it certainly does not want any financial details or details around its fraud detection technology or anything else like that to be made public.  That's totally understandable.  So, I do get why there needs to be an NDA, and why a lot of stuff should be held confidential.


Is there a list of things that the representatives ARE allowed to gather from this conference call and disclose to contributors?   Can that be agreed upon and carved out during the call?   Otherwise, if the NDA is treated at face value, this conference call could be like a tree falling in the forest with no one around.  After the call, maybe the parties can at least agree on some sanitized description that gives us a little more information??


Personally, my concern is: As our agent, iStock should have at least some fiduciary duty to us to let us know why our images got stolen, what it will do to make things right, and why is it putting the onus on us for its mistakes?   As many have said: our images have been stolen and are floating around thanks to its (likely negligent) actions, causing their value to be greatly reduced/diluted...and, to top it off, we are also out any compensation for those images (I'm not losing as much as some, but I'm certainly out at least hundreds of dollars...approaching $1000). 


I do firmly believe that we are entitled to a more detailed explanation...and, I believe, some compensation from iStock for its role in this...at a bare minimum. 

http://www1.istockphoto.com/forum_messages.php?threadid=313542&page=38



Blimey!!  I take it,  you are taking this seriously?

« Reply #262 on: March 15, 2011, 15:57 »
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So let's try to get the English aristocracy straight please :) The venerable Debrett's can assist.

Lord Humphemhumph is a peer - a Baron (life or hereditary). Sir Floppyears Humphemhumph is a knight - awarded a knighthood lifetime only

Peerages use last name, not first - Lord Locke - knighthoods first name - Sir Sean. The peer is "of Someplace" - as in Lord Locke of St. Louis (which sounds rather odd)

And as a US citizen (I presume) the esteemed Mr. Locke isn't elgible for anything but the honorary form :)


Well I dont want to brag or boast but I actually originate from the 13th centuary Clan of MacLomond, which in later years became known as Montrose and an arch enemy of Rob-Roy.
There of my half British/Scotish ancestry.

didnt know that, did you.


I most certainly didn't :)  I'm a mongrel - Yorkshire ex-Vikings, gypsy, French & German - not a drop of anything noble in sight!

nruboc

« Reply #263 on: March 15, 2011, 15:59 »
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IS better hope this call satisfies all the participants or it will backfire on them.  Basically they'll be able to come back and say "No, I'm not satisfied" but won't be able to explain why.

« Reply #264 on: March 15, 2011, 16:04 »
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Thanks for sharing the background Rob. This makes istocks wariness of including non exclusives much more understandable.

How so? What is to stop an exclusive from dropping the crown and becoming a competitor? With or without an NDA? Non-exclusivity is just 30 days away from any contributor. The only way to stop an exclusive from becoming a competitor is to have them sign an non-compete agreement. iStock doesn't currently require that, do they?

Did I anywhere say that I think non exclusives should be excluded???

You still read the istock forums, dont you?

lagereek

« Reply #265 on: March 15, 2011, 16:05 »
0
So let's try to get the English aristocracy straight please :) The venerable Debrett's can assist.

Lord Humphemhumph is a peer - a Baron (life or hereditary). Sir Floppyears Humphemhumph is a knight - awarded a knighthood lifetime only

Peerages use last name, not first - Lord Locke - knighthoods first name - Sir Sean. The peer is "of Someplace" - as in Lord Locke of St. Louis (which sounds rather odd)

And as a US citizen (I presume) the esteemed Mr. Locke isn't elgible for anything but the honorary form :)


Well I dont want to brag or boast but I actually originate from the 13th centuary Clan of MacLomond, which in later years became known as Montrose and an arch enemy of Rob-Roy.
There of my half British/Scotish ancestry.

didnt know that, did you.


I most certainly didn't :)  I'm a mongrel - Yorkshire ex-Vikings, gypsy, French & German - not a drop of anything noble in sight!


Thats good enough for me, my best pal is from Harrogate, i been walking around the Shambles with him for 20 years, Yorkshire is so beautyful its unbelievable, lovely place, you should be proud.

« Reply #266 on: March 15, 2011, 16:14 »
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Thanks for sharing the background Rob. This makes istocks wariness of including non exclusives much more understandable.

How so? What is to stop an exclusive from dropping the crown and becoming a competitor? With or without an NDA? Non-exclusivity is just 30 days away from any contributor. The only way to stop an exclusive from becoming a competitor is to have them sign an non-compete agreement. iStock doesn't currently require that, do they?

Did I anywhere say that I think non exclusives should be excluded???

You still read the istock forums, dont you?

That wasn't the point that I was making. I was curious as to why it would make it understandable for iStock to be wary of including non-exclusives, even knowing the history, since an exclusive could become a competitor just as easily as a non-exclusive.

And what is to stop an exclusive from becoming a competitor even after signing the NDA?

I'm just pointing out the irrationality of their wariness. Nothing personal towards you.
« Last Edit: March 15, 2011, 16:28 by caspixel »

« Reply #267 on: March 15, 2011, 16:53 »
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The NDA is up: http://www1.istockphoto.com/forum_messages.php?threadid=313542&page=38

Confidential Information includes, but is not limited to, all information received by the Recipient during the discussion of fraudulent activity on www.istockphoto.com, whether received orally or in writing.


thanks for linking to it directly.  I guess it is too much work to put it on the first page for everyone to find.  always irritates me to no end when I have to flip through pages to find some new piece of information.

« Reply #268 on: March 15, 2011, 17:01 »
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No problem. I would have linked to the post directly if I could have. But one of the side-effects of being banned from the forums is that you are no longer allowed to see the "Permalink" link.

lisafx

« Reply #269 on: March 15, 2011, 17:22 »
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Really extremely interesting perspective from RBFried.  So glad there are some legal eagles amongst us.  :)

« Reply #270 on: March 15, 2011, 17:24 »
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So, in summary, the NDA contains the same vague legalese that the ASA contains. It should also be noted that no one in any official capacity has said whether or not the Fab 5 can even give their opinion. And, if one wants to go on the NDA, well, that could potentially be confidential information as well, since the NDA doesn't specify what *is* confidential or even what isn't.

How typical of iStock. :D

« Reply #271 on: March 15, 2011, 17:26 »
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So, in summary, the NDA contains the same vague legalese that the ASA contains. It should also be noted that no one in any official capacity has said whether or not the Fab 5 can even give their opinion. And, if one wants to go on the NDA, well, that could potentially be confidential information as well, since the NDA doesn't specify what *is* confidential or even what isn't.

How typical of iStock. :D

I expected the NDA to be very vague, and I expect the conference call will be as well.

ShadySue

  • There is a crack in everything
« Reply #272 on: March 15, 2011, 17:26 »
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IS better hope this call satisfies all the participants or it will backfire on them.  Basically they'll be able to come back and say "No, I'm not satisfied" but won't be able to explain why.
I'm imagining (but who can say with iStock?) that on this issue alone (the fraud) they feel they are in more of an 'in the right' position than most of us have been willing to concede.
But we will see what the five have to say, and we'll all be told in the fullness of time. I hope.

« Reply #273 on: March 15, 2011, 17:36 »
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I expected the NDA to be very vague, and I expect the conference call will be as well.

Very true. As Nubroc says, this could well backfire on Istock if they don't convince the Fab 5 of their diligence and capabilities. I am also very confident in Sean, JoAnn and many others suggested to ask the right questions and to fully assess the quality of the answers. Just wish Lisa could be there too on behalf of independent contributors.

lisafx

« Reply #274 on: March 15, 2011, 17:42 »
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Just wish Lisa could be there too on behalf of independent contributors.

For the record, my pick would have been you.  Don't know anyone LESS likely to be intimidated. 


 

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