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Messages - RT

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476
It's funny, the tone of the article makes it sound like the guy only used a smartphone, as if anyone could do this. The helicopter seems to be the really important tool in this, not the phone.

And why on earth anyone would pay for a helicopter and then only take a cell phone with them is beyond me. I didn't need this guy to prove to me that phones take reasonably decent snapshots these days.

No disrespect but you and some others need to take a step out of 'stock' world sometimes, the OP has linked to an article and the photographers website, read them both and it should be very clear that this is one of (if not the) worlds top ariel photographers who has been commissioned by Nokia to shoot some stuff from a helicopter (that has Nokia N8 written on the side!! plus everyone is wearing a jacket with Nokia N8 on) on a Nokia N8 phone, and to be fair in the commercial world it's the end result and the purpose for which it to be used that matters the most not the over enthusiastic technical examination associated with stock photos, personally speaking (having done a couple of ariel shots myself) I think the resulting photos in that article are superb having been shot with nothing more than a camera phone.

477
For paintings or photos that appear as background objects in a shot you've done just draw a clipping path within the frame and drop in an image of your own, then explain that in a message to an inspector/editor (with links to the image in your own portfolio if poss) and all should be fine.

478
Off Topic / Re: It's Friday! Friday! Fun Fun Fun - LOL
« on: March 25, 2011, 10:37 »
I wonder if these girls (the company that produced the video, Ark Music Factory, has bunches of them!) write these songs themselves or if Ark has a pile of bad songs for them to choose from.

I wonder if they used the same people who wrote the latest Fotolia ad in Photoshop User magazine.

479
Off Topic / Re: It's Friday! Friday! Fun Fun Fun - LOL
« on: March 25, 2011, 05:13 »
This video is not available in your country  ::)

Lucky you!

480
I'd never heard of him but had a look at his website, the first thing that struck me is that people could save themselves a lot of money and just buy a $1 app for their iPhone to achieve the same look, but that's just me I hate all that 'hipstamatic' snap shot style.

481
Adobe Stock / Re: New Fotolia ad in Photoshop User
« on: March 24, 2011, 02:52 »
I saw that ad and it made me cringe with embarrassment, it's clear the message they are trying to get over, unfortunately they haven't quite 'got it' and it's just made them look pathetic.

I equate it to the fashion you see in certain eastern countries where people are trying to emulate the western hip and trendy look but result in looking ridiculously out of date and naff.

482
They were an organisation with no powers who didn't understand the industry - so who cares

483
I guess I should just offer to take the image off the various stock sites?

Pleading ignorance and an apology would probably be a good start, then maybe change the license type to editorial on the sites that do it and remove the images from all others.

484
I think you should first decide what market you want to sell to, you've mentioned - stock, direct to the client, corporate art and postcards all in one sentence.

And I echo what Leaf said, we all think our photo's are special, try not to get yourself on too much of a 'high' because unbiased criticism is long fall. Wait until someone else (who wants to pay you lots of money) tells you they're super  ;)

485
iStockPhoto.com / Re: The post call thread
« on: March 18, 2011, 11:05 »
...and I'm glad to see that in the short term, going forward, there will be no more withdrawals.

Personally it's not the withdrawals that's most important to me it's stopping someone nicking my IP in the first place.

Sean you did your bit and I don't think anybody can expect any answers out of the call because iS clearly said beforehand it was a PR excercise there wouldn't be. Thanks for asking the questions you did.

486
Cameras / Lenses / Re: FujiFilm FinePix X100
« on: March 18, 2011, 10:56 »
I just hope they can keep that nuclear power station under control.  I watched a programme about Chernobyl and that was close to a complete catastrophe.

If you get the chance watch Sky news, they had an 'expert' on this morning and unlike most of their experts he seemed to actually know what he was talking about, he played down most of the reporters attempt at scaremongering and explained things in a calm and precise manner, it doesn't look good but it's not as bad as the news channel would like to make out.

488
I'm no illustrator but my immediate obsvervation is that the outine on the bird and flower to the top left as we see it appears faded compared to the rest of the subject, maybe that's why they rejected it. I understand why the faded part adds a dimension to the body of the character but I always thought the outline of characters such as this need to be defined. That's my guess anyway.
I've given up trying to understand the reviewers on Dreamstime a long time ago.

489
General Stock Discussion / Re: 3 Top & 3 Worst Months?
« on: March 15, 2011, 18:00 »
To be honest the ways things are shaping up at the moment in microstock I can foresee my top 3 worst months of the past beating my top 3 best months of the future.

490
iStockPhoto.com / Re: Questions for the nominated five
« on: March 15, 2011, 13:53 »
So you don't feel they have been negligent?  Or that negligence would be actionable?  


Lisa
You and I have known each other for a while and I don't want to fall out with you over this, read what I've written especially "....negligence is another matter but as yet we don't know whether they have been". When it comes to legal issues I'm quite good at keeping a level head and my emotions out of things, I can feel your emotions from this far away  ;) What I feel and what needs to be proved are two completely different things.


Not sure if you saw this attorney's (and diamond exclusive) post on his view here.


I hadn't seen that, thanks for the link. This part of his post "If you can prove failure to act reasonably by allowing our images to be downloaded without using commercially reasonable anti-fraud measures..." is the most important part and by reading that maybe the questions I've asked in my first post of this thread may make more sense to people.

491
if I put myself in the shoes of independents, I would feel alienated by this too. but I think it's been misinterpreted as something ugly when it's simply a legal necessity.

No it isn't

I don't see any company allowing potential competitors access to sensitive information.

Neither do I but I haven't yet seen anyone suggesting the owners or staff at Fotolia or Dreamstime get nominated for the 5.  ::)  I however have seen lots of people suggesting an independent contributor to iStock is nominated which of course for 99.999r% of the worlds population would not be classed as a competitor.

iStock made it very clear they only want exclusives, but people have aired their opinion that they would like to see an independent amongst the 5, it ain't gonna happen for obvious reasons but that's nothing to do with a legal necessity (because there isn't one) and nothing to do with allowing competitors access to sensitive information (because independent contributors are not competitors)

I understand the 5 all being exclusives and although I don't think it's the best idea I also understand why iStock only want exclusives, and I have one plea, please please please please if you get chosen turn it down.

492
iStockPhoto.com / Re: Questions for the nominated five
« on: March 14, 2011, 19:27 »
rogermexico has said he'll post the NDA; perhaps the document will be narrowly drawn enough to make it reasonable (from my point of view) to sign.

Wishful thinking, I'm guessing more thought and effort will be put into the NDA than they put into their security system.

493
iStockPhoto.com / Re: Questions for the nominated five
« on: March 14, 2011, 19:19 »
Oh, wait. Does the NDA protect that info from seeing the light of day, in court?

No it doesn't, the holder of the NDA may request information falling within the agreement is held 'in camera' but either way if a judge decides the information is disclosed then it's disclosed and he/she decides the manner of the disclosure.

494
iStockPhoto.com / Re: Questions for the nominated five
« on: March 14, 2011, 17:24 »
Obviously I yield to your greater legal experience, but it seems to me that a pending class action suit, or the serious threat of one, might be a big motivator for Istock to pull it's act together and stop screwing contributors.   That is an early result that would be most welcome, over and above any eventual damages.

But as we stand today what are you going to sue them for, as I said earlier from what we know so far they've acted legally by removing the royalties for the relevant transactions, and what they've done is within the boundaries of the contract we signed with them. Correct me if I'm wrong but as far as I know (even over on your side of the pond) being incompetent, bad at communication and generally annoying your suppliers is not a crime, negligence is another matter but as yet we don't know whether they have been.

495
Do you think the answer to that is going to come back to all the contributors from the conference call?

No I don't think or expect the answer to that or in fact the answer to anything is going to come back from the conference call, iStock made it clear all nominees will be signing an NDA so they've already told us were not getting answers, but once things can be discussed having already asked the questions should hopefully expedite proceedings.

The aim of the conference call as I see it is to try and appease the masses, for the informed amongst us it's a waste of time, and for the really informed amongst us if what's been said is true then it could even jeopordise any legal proceedings but it'll keep the cheerleaders happy at least!

496
Exclusives and non-exclusives should be working together to figure out how to make the future of microstock better for all of us, not engaging in cat fights and petty squabbles.

I totally agree and in fairness there's many exclusives and non-exclusives who do just that.


.. if exclusives want so much to be exclusive, why don't the exclusives bear the brunt exclusively of the clawback?

Because the clawback has nothing to do with exclusivity, it's a legal requirement, otherwise you'd be making a financial gain through criminal activities.
Selling stock is not like other businesses who sell products because in that case the business has bought the product from the supplier, if they get hit with a fraudulent card case the business takes the whole hit because they own the product they sold, in microstock and specifically in this case iStock they don't own the product we do, they're just acting as a sales agent. The point to discover is whether they or the cards companies have any liability.

497
iStockPhoto.com / Re: Questions for the nominated five
« on: March 14, 2011, 10:50 »
Are questions even going to be allowed or is this an exercise in futility? KK specifically said the Fab 5 were going to be the "ears" of the community. He said nothing about voices.

I'm basing this thread on his comment:

"I'm going to lock this thread. Someone can start a new one where they nominate people they'd like to speak with us. They will need to be exclusive members. Nominate away."

To me that means a discussion, but in the past he hasn't exactly shown a trend of well thought out comments and I think his strings are being pulled by the person who's really in charge, so who knows they may be able to ask questions they may not.

498
iStockPhoto.com / Re: Questions for the nominated five
« on: March 14, 2011, 08:03 »
I don't think anyone is making a knee-jerk reaction...this has been going on for months, with no end in sight. It's more like the straw that broke the camel's back.

Sorry I meant it along the lines of "Right I'm going to sue.....uhmmm....now who's responsible"

Off topic - I was once involved in a fraud case, there were six defendents and two victims, the case went on for six years and was heard in two court rooms, one room was used just to store the paperwork! Don't expect an early result  ;)

499
iStockPhoto.com / Re: IS reviewing takes weeks!?
« on: March 14, 2011, 07:54 »
There's a saying over here in the UK  "there's problem at mill" i.e. there's some things going on in the company, read through this it might offer an explanation: http://www.microstockgroup.com/istockphoto-com/micromanaging/msg190163/?topicseen#new

edited: @Shadysue - great minds think alike  :D

500
iStockPhoto.com / Re: Questions for the nominated five
« on: March 14, 2011, 07:41 »
I don't have any questions, because it's a waste of time. Questions aren't going to be entertained or answered in any kind of manner that I trust coming from IS. I would like to see independent attorneys and accountants, hired by contributors, to take a meeting. Those are the answers I want to hear.

I can understand this reaction and in truth the purpose of me wanting these questions answered is not to get immediate answers from the conference call, as I've explained above these are questions that will need to be asked if anybody does decide to take future legal action against any parties involved.

To make my position clear, I don't now or in the future intend to take any action against iStock themselves, they make me a lot of money and for the few hundred dollars I've lost as a result of these transactions I don't consider it worth breaking relationships with iStock and I have no doubt that anybody who takes them to court will find their portfolio deleted (I'd do the same within anybody suing me). From what I've seen so far these transactions were authorised by the card companies initially and then charged back once the transactions were discovered to be fraudulent. The questions I've asked above are intended to discover to whom the blame falls and should I or anybody else decide in the future to take any form of legal action we will need to show that they've been asked. For me personally that would be against the card or security companies, for others they might want to take action against iStock although as it stands legally the taking back of the royalties is quite legal and within the contract we all signed.

I've always been quite vocal about iStock and although I have a kind of anonymity here I have no doubt they could find out who I am within seconds, I think their communication over this matter (and generally) sucks like many other aspects of the site at the moment but I urge people to consider their own position carefully before making any knee jerk reactions regarding legal matters. IMO they've made some huge errors over this but being told by the card company the transaction is approved to only find out later it's not isn't something I blame them for, letting it happen over and over again is something you can form your own opinion about!! They're not perfect and I'm pretty sure they could have done something to prevent or lessen the effect but my anger is with the thieving scumbag that used the card numbers to download my images and the banking industry that allow this to happen all too easily.

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