Picture this: a demand letter from Higbee & Associates hits your inbox. Accusing you of stealing a photo from Agence France-Presse. You’re a web host. Not the poster. Not the owner. Just the poor sap providing server space to activists.
That’s May First Movement Technology’s nightmare. Or close to it. Nonprofit. Hosts sites for social justice warriors worldwide. One member—a Mexican human rights group—posted an old AFP snap years back. Higbee smells blood. Sends the letter anyway.
May First acts fast. Tells the member: take it down. Done. Image vanishes. Should be over, right? Nope. Higbee wants cash. Threats of court. Statutory damages up to $150,000. Because why not squeeze a do-gooder dry?
EFF jumps in. Lawyers up May First. Fires off a response. Boom. Higbee slinks away. No payout. No lawsuit. Just egg on their face.
Higbee’s House of Cards
Here’s the thing. Higbee & Associates loves these letters. Mass-mailed to anyone with a website. Photography clients like AFP foot the bill—or so they think. But this? Baseless doesn’t cover it.
May First didn’t upload squat. No volitional conduct, courts say. That’s legalese for: you gotta mean to copy. Hosts just store what users dump. Like your email provider holding spam. Not liable.
“Copyright law treats those who create or control content differently from those who simply provide the tools or infrastructure for others to communicate.”
EFF nailed it in their letter. Straight from the original demand fiasco. Courts back this. Decades of precedent. DMCA safe harbors? May First qualified even without ‘em. Prompt takedown. Check.
But Higbee doubled down. After the explanation. After the removal. Demanding dough from innocents. Smells like a racket.
Why Keep Pushing a Dead Claim?
Greed. Pure and simple. Statutory damages are the troll’s best friend. $150k per pic? Actual harm? Who needs it. Settle or risk bankruptcy. Small orgs cave. Pay up. Done.
May First didn’t. Good for them. But most won’t call the bluff. Nonprofits scraping by. No lawyers on speed dial. Higbee banks on fear.
My unique take? This echoes the RIAA’s Napster glory days. Early 2000s. Suing grandmas for downloading Britney Spears. Billions in settlements from terrified users. Public backlash killed it. Copyright trolls evolve. Same playbook. When will Congress wake up?
Prediction: without damage caps for innocents, we’ll see AI-generated image floods. Trolls claiming infringement on synthetic art. Web hosts buried.
Short para for punch: Ridiculous.
Can Web Hosts Just Ignore These Letters?
Don’t. But don’t panic either. Respond. Smartly.
Defenses stack up. You’re a host? No volition. Image gone? Check. Statute of limitations? Often expired—AFP pic was ancient. No registration? Kiss actual damages goodbye. Higbee’s AFP claim crumbled on all counts.
EFF’s letter (March 4, 2026—yeah, future-dated, but whatever) laid it bare. Higbee got schooled. Backed off.
Individuals? Nonprofits? Same rules. Don’t assume guilt. Demand letters are bluffs. 90% hot air.
But here’s the rub—and it’s a big one. These firms churn thousands. Cost of doing business when one sticks. Victims? Crushed under legal fees. Or worse, payouts to shut it up.
EFF wins one. Great. Systemic fix? Nah. Lawmakers dither. Statutory damages fuel the fire. Chills speech. Hits activists hardest. May First serves the marginalized. Now dodging bullets for hosting their truth.
Dry humor alert: Next time, Higbee, host your own troll cave. Leave the servers alone.
The Troll Ecosystem Thrives
Higbee isn’t alone. Copyright mills pop like whack-a-mole. Photography agencies outsource to ‘em. Quick bucks. AFP? Big player. Should know better. Or do they care?
PR spin from these outfits: “Protecting creators.” Bull. It’s extraction. Creativity? Stifled. Who risks posting now?
Historical parallel: Patent trolls in the 2010s. Crippled startups. Congress chipped away with reforms. Copyright? Stuck in 1976. Time for an update.
May First’s win? A spark. More orgs fight back. EFF leads. But until damages get real—tied to harm, not fantasy—shakedowns continue.
Wander a sec: Imagine if every landlord got sued for tenant graffiti. Absurd. Yet here we are with hosts and pics.
Standing Tall Against Shakedowns
Know your rights. List ‘em out in your head. Host? Safe. Removed? Safer. Explained? Bulletproof.
Don’t pay. Respond. Cite cases. Viacom v. YouTube. Perfect 10 v. Cybernet. Volition required. Always.
EFF’s victory? Template for all. Download their letter. Customize. Send.
Bigger picture: Fix the law. Cap troll damages. Require proof upfront. Make filing costly for abusers.
Until then, trolls gonna troll. But you? Fight.
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Frequently Asked Questions
What happens if I get a Higbee copyright demand letter?
Don’t pay blindly. Check if you posted it. If not, respond citing no volition and prompt removal. Get EFF help if needed.
Are web hosts liable for user-uploaded images?
Nope. No intentional copying means no infringement. DMCA protects responders.
How do I fight copyright trolls like Higbee?
Document everything. Remove content. Send a cease-and-desist response. Consult lawyers or orgs like EFF.
