Over the last few months, I’ve been hearing an awful lot about a copyright trolling operation that goes by the name Higbee and Associates. We had written about them years back when they (incredibly) threatened Something Awful for using a photo in a movie review (which was clear fair use). A few months back we wrote about them again when they (you guessed it) threatened Something Awful again over someone in its forums hotlinking a picture of Hitler that was actually hosted on Imgur.While that’s all we’ve written about the firm on Techdirt, Higbee’s name keeps coming up in other conversations — among copyright lawyers who have been seeing a massive increase in Higbee demand letters, and even from some friends who have received such letters (which nearly always involve clearly bogus threats). One thing that has happened over and over with Higbee claims that I’ve been privy to is that they are over unregistered images, meaning that Higbee is unlikely to actually be able to sue over those images, and even if they could, it wouldn’t be for statutory damages. And yet, the threat letters tend to allude to statutory damages are part of the scare tactic.Public Citizen’s Paul Levy has apparently seen enough of Higbee and Associates and their trolling activity that he’s done a pretty thorough investigation of Higbee’s activities and written up a long description calling out many of the sketchy practices of the firm and its principal, Mathew Higbee
“Psycho dentist” video remains up, and the attempt to remove it was costly.