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New York Internet Law Questions & Answers
1 Answer | Asked in Internet Law for New York on
Q: I purchased something from a third party seller off of Amazon, but amazon shipped it

-- who do I go after -- Amazon or the seller?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 2, 2017

Depends on the problem: if shipping issues, then Amazon; if product issues, then seller. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... Read more »

2 Answers | Asked in Civil Litigation, Constitutional Law, Internet Law and Libel & Slander for New York on
Q: can facebook be sued when a user posts private videos about someone else?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 3, 2017

A statute insulates social media from such suits. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

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1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Libel & Slander for New York on
Q: Hi I'm wondering the legality of using quotes on prints. For instance can I quote two people debating on twitter?

I'm looking to create prints that have quotes from popular figures and selling them online. I'm not looking at using trademarked names, movie quotes, or song quotes. Though those might occasionally show up in the quotes themselves.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 30, 2017

It sounds like you're contemplating committing copyright infringement, unless you specifically license the right to use such content from the author.

See: http://www.aeesq.com/business-law/intellectual-property-attorney/

More details are necessary to provide a professional...
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1 Answer | Asked in Internet Law for New York on
Q: What can I do if someone else owns a domain that I want for my business? It has the same name.
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 8, 2017

You can reach out to them to buy it. Cybersquatting laws might apply, depending on the facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... Read more »

2 Answers | Asked in Civil Litigation, Communications Law, Intellectual Property and Internet Law for New York on
Q: Can a citizen blogger writing a blog for free on a newspaper website claim censorship if that newspaper removes a post?
Barry Eran Janay
Barry Eran Janay answered on Apr 8, 2017

It seems like you are confusing your first amendment freedoms with "censorship" and a private enterprise's right to control it's content. In any case more information would be necessary as too would further research.

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2 Answers | Asked in Contracts, Copyright, Employment Law and Internet Law for New York on
Q: My Slack team has produced content Jan-Mar 2017 and not gotten paid as usual. Bosses avoiding questions. What can we do?

My Slack team is a hired international group of writers and videographers producing content for a YouTube channel. The curator who hired us and manages the Slack team has not paid us for all of 2017 despite many videos being produced, uploaded and making money for the YouTube channel. The manager... Read more »

V. Jonas Urba
V. Jonas Urba answered on Mar 20, 2017

1. Contact the New York State Department of Labor if you performed services in New York State or your employer has a presence here.

2. Serve a demand for wages due on your employer or sue for breach of contract or for services rendered in court. Federal court has unique requirements so...
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1 Answer | Asked in Consumer Law, Internet Law and Small Claims for New York on
Q: Can I sue a guy in NY court who has two residences (FL and NY) over a rental fraud in FL done over the internet?

I am a resident of VA and over the New Year holidays I took my family to FL for a week. I arranged a rental via internet on a legitimate website. I was contacted by owner, signed the rental agreement and foolishly wired him money. He cancelled on me a week prior the vacation start date and refused... Read more »

Aubrey Claudius Galloway
Aubrey Claudius Galloway answered on Mar 18, 2017

You can probably sue him in New York small claims court because he has a residence in New York, and he is likely subject to the long arm jurisdiction statue in New York State.

The good thing about about shoeing in New York small claims court is that it is extraordinarily cheap, uses a...
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1 Answer | Asked in Internet Law for New York on
Q: I'm getting harassed on twitter by someone using a fake name

- am I able to sue to find out the real identity of the person?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 18, 2017

Why not just block the person and report them to Twitter rather than making a lawsuit out of it? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... Read more »

1 Answer | Asked in Internet Law for New York on
Q: I'm getting notices of violating copyright on something I put up online - how do I fight this?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 24, 2017

What are your defenses? For example, See: http://www.unc.edu/~unclng/copyright-defenses.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,...
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1 Answer | Asked in Products Liability, Business Law, Trademark and Internet Law for New York on
Q: Is it illegal to host a paid service that manipulates Amazon.com's search algorithms by having bots create accounts?

The bots will perform tasks with the accounts

Peter N. Munsing
Peter N. Munsing answered on Feb 6, 2017

You have to look at your provider agreements --all the stuff you signed saying "I accept" involved in the chain of your site.

Whether your internet is provided by Mozilla or Google or others they all have user agreements. Willing to bet buried in there may be something to prevent...
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1 Answer | Asked in Intellectual Property and Internet Law for New York on
Q: Hello!can I use images we see on pinterest, Instagram, on shopping websites, blogs, facebook & twitter on my websites?

If i am the owner of the website, running a social network website like facebook can i use images, videos and other stuff from websites like pinterest, Instagram, on shopping websites, blogs, facebook & twitter as we do it on facebook, we post whatever we want on facebook and we don't need... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

It sounds like you might be violating intellectual property rights by doing that. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law... Read more »

1 Answer | Asked in Internet Law and Juvenile Law for New York on
Q: I think I may have evidence that my parents are spying on me through the internet. What are my privacy rights if I'm 18?

So I have been talking to my parents, especially my father, lately and they oddly mention specific details about my day sometimes. For instance, I did not go to my last period in school the other day and my dad somehow knew where I was, and what I was doing, and essentially repeated details I... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 3, 2017

You have privacy rights as an adult, which they may be breaching. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA,... Read more »

1 Answer | Asked in Internet Law for New York on
Q: I am looking to upload videos that I have taken of athletes and put them on my youtube channel, and then embed on my web

Could I face any problems or is this all legal?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 3, 2017

You may be violating their privacy or publicity rights. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in... Read more »

1 Answer | Asked in Civil Rights, Federal Crimes and Internet Law for New York on
Q: If I exchanged fully clothed pictures with a 44 year old women in Craigslist can I be arrested
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 3, 2017

I see no legal violation in your stated facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the... Read more »

1 Answer | Asked in Internet Law and Communications Law for New York on
Q: Is text messaging considered social media?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 1, 2017

Not generally, but it depends on the application. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the... Read more »

1 Answer | Asked in Intellectual Property and Internet Law for New York on
Q: Sending Cease and Desist to ISP?

I recently made a solar energy documentary, and presented it at Hot Springs documentary. Not long after that I started selling dvd's. I worked very hard on it, and was very disheartened to see it on the pirate bay. I've sent the pirate bay a DMCA take down notice, but from my friends... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 1, 2017

Generally the DMCA says you cannot hold the internet service provider at fault for the intellectual property law violations of its users, with few exceptions and requirements on the ISP. Notifying the ISP is a good first step. The ISP should have an agent for service of process.

See:...
Read more »

1 Answer | Asked in Contracts and Internet Law for New York on
Q: I was banned from playing a mobile app after spending a few thousand dollars playing it, can i get my money back?

I was labeled a cheater for using something called a speed hacker, which i did not use.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 1, 2017

Consult with the Terms of Use to which you agreed. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the... Read more »

1 Answer | Asked in Personal Injury, Internet Law and Small Claims for New York on
Q: If you file a complaint against someone,what does it mean when it says "70 Day Notice due by....90 Day Service due by."
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 30, 2017

These are the deadlines by which you have to serve notice on the other party. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in... Read more »

1 Answer | Asked in Internet Law for New York on
Q: Is it true that you may not have to pay an internet defamation judgment from another country?
Donovan A Rodriques
Donovan A Rodriques answered on Jan 26, 2017

Refusing to pay a judgment debt from another country is not an act you should take lightly, and that decision should be made in consultation with an attorney. If you do not have any assets, employees, or other interests in and do not plan to travel to the country from which the defamation judgment... Read more »

1 Answer | Asked in Intellectual Property, Consumer Law, Contracts and Internet Law for New York on
Q: If I download computer program and there isn't formal license agreement, it doesn't exist what's my right?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 26, 2017

Beware of computer viruses. Check the terms of use. There may be inherent or explicit copyrights on the software, which is common. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

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