Re: Mikrofonen.se ripped me off

As an academician who publishes a fair amount as part of my career, I
am certainly loathe to the reproducing of copywritten material without
proper consent. However, I'm also not sure what the laws are in this
case regarding appropriate recompense. I can understand when a clear
profit can be attributed to the stolen material, such as if someone
dubs an LP onto CD and sells the copies. But in cases where it isn't
at all clear what if any profit can be attributed to the transgression,
isn't the usual first step a cease-and-desist? And what if you had said
that your usual fee was $1 million? Would Mikrofonen.se be legally
bound to pay that amount? I'm not asking to be argumentative, I'm
actually just curious.

Ty Ford <tyreeford@xxxxxxxxxxx> wrote:
: I google myself periodically to check this stuff out. I did it about
: four days ago and son of a gun, Mikrofonen.se has my review of the
: Gefell m294, m295, m296 that I wrote a few years back. I have no idea
: how long they have been using my copyrighted material illegally on
: their site.

: So I reach out to them with my usual response. Nothing rude. Just the
: facts. Just business. "Hello, You are using my copyrighted review of
: the Gefell Mics on your site. License fees for use are $250USD for one
: year and $350USD in perpetuity. Which do you prefer. Regards, Ty Ford"

: What do I get? Someone at the email address of :
: hakan.lindberg@xxxxxxxxxxxxx says he/she will remove it immediately. I
: tell him you can't unring the bell. He has illegally used my
: intellectual property on his web site. He needs to pay my nominal fee.

: He says, "It was a mistake to put on my website. I will remove it as
: soon as I can. However I have no funds to make any payment."

: I tell him it's too late. He owes me for the use of my copyrighted
: material.

: Having admitted it was a mistake, he tries to put it off on MicroTech
: Gefell.

: I have no gripe with MicroTech Gefell, but I do have a gripe against a
: distributor who steals from me.

: I told him that if he did not pay my nominal fee by 12 noon EST, that
: I would out him.

: I don't know anything about Mikrofonen.se, but based on the way they
: choose to do business, the only thing I want from them is payment for
: use of my article.

: Our last email back and forth went like this:

: Him: Dear Ty
: I am not used to be approached in this harsh manner, there is for sure
: a cultural difference. This makes it more difficult to find an
: agreement suitable for both of us. My advice is to focus your energy
: on the music and writing good articles, you already proved you can do
: this very well. I was mislead by MG and I apologise for my mistake. I
: hope we can look each other in the eyes when we meet at some future
: AES meeting, we live in a civilised world ?
: Kind regards
: H Lindberg

: Me: I am not used to being stolen from. Perhaps theft is condoned in
: your culture, but we take a very dim view of it. Your career advice is
: not welcome here. Your apology rings hollow. You are now blaming MG
: for your OWN lack of discretion.

: Unless I receive payment by this coming tuesday at noon Eastern
: Standard Time, I will assume that you are not concerned about your
: theft or your reputation. I will then extract what I believe is a just
: amount by making your theft known to the Internet-at-large.
: Ty Ford

: Him: Dear Ty
: Business is all about establishing good human relations, I hope you
: agree. I was approached about this problem in a very hostile way and
: that is not a good start for business. This makes it very difficult
: for me to pay you anything.
: You are welcome to spread bad information, however, doing so will also
: affect you in a negative way as well. I could also spread bad
: information about you but I will not do that, never. I will inform MG
: and they will take care about this matter.
: Kind regards
: H?kan Lindberg

: Me: That is not correct. My approach to you was a simple request for
: payment for use of my intellectual property. It was your denial that
: prompted me to make you aware of your transgression.

: If you choose not to accept my offer, I will spread the simple truth.
: It won't hurt me at all.
: Ty Ford

: -----------------

: So there you have it. I really dislike having to do this, but I
: dislike even more being victimized. I first invoiced them via PayPal.
: Then I proposed that they give me a mic to cover the cost; a simple
: trade. That request has not been answered.

: Regards,

: Ty Ford
.

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