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Florida Internet Law Questions & Answers
1 Answer | Asked in Intellectual Property and Internet Law for Florida on
Q: If I test my app on a company phone, does the company have a claim to the IP?

If I used my own personal computer to write the code for an app, but tested the app on a company phone, do they have any claim to it? Wouldn't that be the same as downloading an app from the app store in terms of not having a claim to IP?

Ayesha Chidolue
Ayesha Chidolue
answered on Oct 23, 2017

The answer will largely depend on if you built the app for your company or while working for your company for their benefit and also what if any, your employment agreement or handbook states about Intellectual Property while working for the company. I suggest you contact an attorney so your... Read more »

2 Answers | Asked in Business Law, Intellectual Property, Internet Law and Trademark for Florida on
Q: Is it legal to sell Michael Jackson tshirt, muhamad Ali tshirt, frida kahlo tshirt online, can I get in trouble for that

I own a small ecommerce website where I sell some items bearing the names of very famous people from the past, like Michael jackson, muhamad ali, marilyn monroe, etc, can I get in trouble for doing that? A corporation recently contacted me regarding using the name of Frida Khalo on my site, she is... Read more »

Andy Wayne Williamson
Andy Wayne Williamson
answered on Oct 13, 2017

Maybe yes. If you are duplicating her image, likeness or name (signature) you may be violating trademark/copyright laws.

You need to speak with a patent/trademark attorney on this topic as that is a specialized area of law

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1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Florida on
Q: Can a famous artist post your fan art after cropping out your logo and not giving you credit?

I made an album cover for a very famous rap artist, and I sent it to him. A few days later he posted it on his official Instagram for millions to see, but he cropped my logo off of the bottom. Now the image is being used in thousands of places on the internet without my permission, and the famous... Read more »

Benton R Patterson III
Benton R Patterson III
answered on Sep 25, 2017

It appears you likely do have a case for copyright infringement. If you created the album cover, you are the copyright owner. You have the right to determine whether your work is reproduced. One thing to consider is whether your message to him granted him permission to use the artwork. An... Read more »

1 Answer | Asked in Business Formation, Business Law, Internet Law and Libel & Slander for Florida on
Q: Is it legal for a person to take your bio information from an official website and use it on their own website?

The official website is with a nonprofit organization and I allowed them to put my bio and link my blog page with their membership list. Could a person from the organization use the same information on their website without my permission?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Sep 13, 2017

Really not enough facts to say for sure. If you allowed someone to post your bio you gave permission for the same and placed the same in public information.

I suggest that you speak with a business law attorney in your area or start by asking the person to remove your bio information from...
Read more »

1 Answer | Asked in Civil Rights and Internet Law for Florida on
Q: Can Facebook allow racism from one side on their platform?

Is it legal for Facebook to discriminate against white people? I have several screenshots of times when I have reported blatantly racist posts that endorse things such as black supremacy, calling white people stereotypes and derogatory terms, etc. and Facebook replies saying it doesn't violate... Read more »

William C. Head
PREMIUM
William C. Head
answered on Aug 16, 2017

Yes. No federal law controls this aspect of an Internet business.

1 Answer | Asked in Business Law, Internet Law, Consumer Law and Criminal Law for Florida on
Q: As an 18 year old Florida resident, would I be allowed to purchase alcohol online from a Puerto Rican based source?

The drinking age in PR is 18, and since it is part of the US there is no customs or declarations to go through aside from agricultural ones.

William C. Head
PREMIUM
William C. Head
answered on Aug 12, 2017

The concept of illegality of POSSESSION of alcohol has escaped you. If you go to PR to possess and drink it, you are fine. In FL, it is illegal for you to possess it, in your hands or in your body.

1 Answer | Asked in Business Law, Employment Discrimination, Employment Law and Internet Law for Florida on
Q: Can we go to social media about previous employers conduct in terminating our contract? Large car rental agency.

They terminated us without warning. 4 years of meeting sales and no write ups and then, bam. So I'm aware that legally I can't do anything. We can be terminated for any reason. But I'd like to bring a little truth out via Youtube and Facebook regarding their actions and conduct in... Read more »

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jun 15, 2017

I will simply answer that you do so at your own risks. Telling the truth is a defense to libel and slander, but if you go to far in your comments you may trigger a response by your ex-employer. You might want to actually consult with an employment lawyer as to the comments you desire to post on... Read more »

1 Answer | Asked in Copyright, Family Law, Intellectual Property and Internet Law for Florida on
Q: Can I publish my late father's poem in his name if I do not get paid for the publication?

My father passed in 1995; his poem is Christian and I want to submit it to a Christian website. I would not be paid for this. Is publishing his poem legal or are there copyright issues I need to sort out first?

Will Blackton
Will Blackton
answered on Apr 24, 2017

Your late father's copyright will endure for 70 years after his death, assuming he did not create the work for some other entity.

Did your late father hold any interest in his work at the time of his death? That is, did he sell the rights in his work before his death?

If he...
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1 Answer | Asked in Civil Litigation, Federal Crimes, International Law and Internet Law for Florida on
Q: Which country has jurisdiction for a marketing email sent internationally?

I am a United States citizen, I reside and conduct business in the United States. I have a website that is visible and conducts business worldwide. If I send a marketing email to a user in India, and say I make a mistake and do not unsubscribe the user on his request, which is legal in India, but... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 14, 2017

If you are doing business in the U.S., and if in the course of so doing business you violate a U.S. federal statute, presumably you can be sued in the U.S. for damages resulting from such violation. If the statute includes a fine (in addition to actual damages), the plaintiff could recover those... Read more »

1 Answer | Asked in Internet Law for Florida on
Q: US American IT & Internet Law

Dear All

We are planning to launch a Platform as a Service in the hospitality sector in United States (Florida). The clubs should sign up on our online platform where they can post their venues for possible guests. Well, as a startup it's hard gaining clubs as our clients especially... Read more »

Glenn B. Manishin
Glenn B. Manishin
answered on Jan 30, 2017

It's not a simple question, but if you "scrape" only publicly available information and do not copy the exact verbiage — plus avoid using trademarked logos — the site should be safe. Your reference to uploading "flyers" is problematic, though, because copyright law... Read more »

1 Answer | Asked in Communications Law, Internet Law, Family Law and Child Custody for Florida on
Q: My ex will no longer accept emails for our regular ongoing communication about the children. He insists on texts only.

We live in Florida. We have been divorced for 6 years. We have always used email. Two months ago, I started getting responses to my emails saying that he longer accepts emails and to text instead. Do I have to comply? (I think that he simply does not want his email rants on the record.)

Sabina Tomshinsky
Sabina Tomshinsky
answered on Aug 2, 2016

I suggest that you refer to the provisions of your parenting plan and/or final judgment that pertain to communication between the parents on the default communication methods. If both email and text were checked, typically email is used for long/substantive messages and texts are used for short... Read more »

1 Answer | Asked in Personal Injury, Business Law, Internet Law and Criminal Law for Florida on
Q: design an illegal content app

hello, I am freelancer web designer, and a client is asking me to design the screens for an app, but I believe that the app he wants to develop is illegal, but I only have to do the design but I do not know if after I can have problems with the law for be the designer on this app.

I only... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jul 21, 2016

I believe I answered this but if the risk is jail time you always want to contact a criminal defense attorney and if necessary pay for the consultation. Depending on the nature of the site, if it was for instance involved in child porn or a fraudulent scheme it's possible you could face charges.

1 Answer | Asked in Internet Law for Florida on
Q: Can facebook posts be legally obtained from the web?

I have reason to believe that slanderous statements are being posted against me on facebook.

Robert Jason De Groot
Robert Jason De Groot
answered on Dec 17, 2015

Yes, they can be obtained, and they might be evidence to use in a case.

1 Answer | Asked in Internet Law for Florida on
Q: Someone on facebook harassed me to a deathly pulse, and blood pressure levels after a heated discussion.

I asked the person to stop twice since I wanted to just move on with my life, but he would not stop, even when I told him that I was in danger of dying from my blood pressure, and pulse skyrocketing, they would not stop. He was also asked by another party to stop, yet he would not. He showed... Read more »

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 19, 2015

I do not see any recourse for this.

2 Answers | Asked in Internet Law for Florida on
Q: Ex husband using his job at a cyber security firm to investigate my life and that of my significant other is that legal

Digging into annulments and expunged records as well as saying he was using his clearance to practice his cyber investigating and supposedly randomly came across an old profile on Ashley Madison. I know you need to specifically search for someone it just doesn't randomly give you all the... Read more »

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

You did not ask a question. Go see a local family attorney to find out if you can get an injunction against him. You need to have a full discussion.

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1 Answer | Asked in Internet Law for Florida on
Q: When using friends profile to add myself on his friend list, I was directed to mugshot only. Is this legal?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 6, 2015

I do not know what you are asking. Is what legal?

1 Answer | Asked in Internet Law for Florida on
Q: Can I answer "deny" for the defamation lawsuit response?

A company is suing me because I posted a defamatory comment on it in a blog. The company is now accusing me of other postings on other blogs, which I never did. In its lawsuit, under the Statement of Facts, there is only one accusation against me. That accusation states: “The defendant posted... Read more »

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 6, 2015

Without getting an attorney, you will most likely lose. But yes, you either admit, deny, or say you are without knowledge concerning the individual paragraphs in the complaint, and you also need to set up affirmative defenses.

1 Answer | Asked in Internet Law for Florida on
Q: I may be looking at charges about an internet issue that i didn't know was a crime.I'm disabled..., what can i do?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 6, 2015

Talk to a criminal defense attorney.

1 Answer | Asked in Internet Law for Florida on
Q: What should I do if I received notice from my ISP that a subpeona has been issued for release of my information?
Robert Jason De Groot
Robert Jason De Groot
answered on Jul 24, 2012

Consult with an attorney, depending upon the type of case, you need to protect yourself and your information. Who is the subpoena from?

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