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Texas Internet Law Questions & Answers
1 Answer | Asked in Criminal Law, Internet Law and Small Claims for Texas on
Q: I sent someone money on a cash app for an rv they had for sale but now I can't get a hold of her

And there's no buyer's protection on this app that I sent the money through

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jul 18, 2022

You should make a police report. In the future, if suggest only using a payment system with some kind of buyer protection (like paypal, etc). Good luck.

2 Answers | Asked in Criminal Law, Internet Law and Libel & Slander for Texas on
Q: Can I be charged with defamation of character or harassment in this situation?

I got into a social media dispute with an old friends mother. We had a few pretty mild words in Facebook comments and then I blocked her. She then proceeded to text me racial slurs on Snapchat through her daughters Snapchat. I screenshot those texts and later posted them on several social media... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Apr 5, 2022

Truth is a defense. She could hire a lawyer and sue you. You could win if you can prove everything said was true

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1 Answer | Asked in Identity Theft, Internet Law and Intellectual Property for Texas on
Q: A woman stealed a photo of me and my exgirlfriend and she uses it as a profile photo in social media. I’m married?

A woman stealed a photo of me and my exgirlfriend and she uses it as a profile photo in social media to say that I’m dating her while this is a lie. In the photo I’m kissing my ex girlfriend but only my face can be seen while my ex girlfriend face is hidden. She only uses that photo. I’m... Read more »

Randy Sorrels
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Randy Sorrels
answered on Jun 5, 2021

If she has put you in a false light by using this photo, then you may have a claim against her. You should first ask her to remove the photo immediately (in writing) though as an alternative to filing a lawsuit.

1 Answer | Asked in Criminal Law, Domestic Violence and Internet Law for Texas on
Q: Our business received a threat posted online from a customer. Is a restraining order, or other legal action, advisable?

Without getting into specifics, a customer posted the following comment as feedback to a purchase he made from our business, "U BE THE 1ST GUY I SHOOT". There were also emails sent with profanity, as well as a comment posted on our Facebook page. The customer is located in a different... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 26, 2021

A restraining order is issued in the context of a CIVIL case but it expires when the case ends. That said, sending a death threat and multiple harassing electronic messages can be the basis for a criminal Stalking case... and the victim of a Stalking can apply for a Protective Order... and that is... Read more »

1 Answer | Asked in Criminal Law and Internet Law for Texas on
Q: Is it against the law to hack into someone's snapchat account & save their nudes?

After this person hacked the account & saved the nudes they could, they texted the account owner off a fake number holding the account ransom because they wanted the code to the "My eyes only" folder. They said they'd only give the account back if they got the code to the rest of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 16, 2020

Yes, very illegal. The offense of Breach of Computer Security (33.02) by accessing the account without the consent of the owner. The level of this offense depends on the amount of monetary damage caused or threatened.

The offense of Electronic Access Interference (33.022) was committed if...
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1 Answer | Asked in Immigration Law, Tax Law, International Law and Internet Law for Texas on
Q: Hey plzz reply ASAP dear...I too live in the US...so can you get paid from youtube even after having F1 visa?

So if I upload a video from US but link it with my homecountry bank...which means I can't get the money in USA but only get money in my home country bank account..is that legal and fine? And what if I know someone who is working in USA and invested and have E2 visa(not green card), can I... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Nov 6, 2020

No! You are living and working in the U. S. in violation of your F-1 student status. There can be remedies to this mistake, but you need an appointment with a competent and experienced immigration attorney, who can take the time to provide legal advice.

The above is general information,...
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1 Answer | Asked in Criminal Law, Civil Rights and Internet Law for Texas on
Q: Is it illegal to photoshop a KKK hood onto someone?
Kiele Linroth Pace
Kiele Linroth Pace
answered on Aug 21, 2020

If you mean "illegal" as in a criminal offense then no, it isn't a crime unless the photo was already illegal for some other reason like child pornography.

My firm focuses on Criminal Law where the government prosecutes crimes. There is an entirely separate part of the legal...
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1 Answer | Asked in Internet Law and Family Law for Texas on
Q: Fam member with no relationship w/us refuses to take down pics of our child on social media stating they have rights

Mother in law who we've had no relationship with for 3+ yrs, keeps posting pictures of our infant daughter on social media, we have asked multiple times to remove. She refuses and states she has rights to child. We have already told her we want no relationship with her and we do not want our... Read more »

Rick  Davis
Rick Davis
answered on Jun 28, 2020

If you think that your daughter is in real danger, you can file an Application for Temporary Restraining Order and Temporary Injunction in a Court of competent jurisdiction. However, the Judge will likely ask how your mother-in-law got these pictures that you contend place your daughter in danger.... Read more »

2 Answers | Asked in Copyright, Intellectual Property, Contracts and Internet Law for Texas on
Q: I want to pay a freelancer directly to write texts for my website. What do I do to own copyright?

Do I need to create a contract or we can agree on terms in e-mail or a freelancer can sign a paper in free form saying that whenever they get paid for their work they transfer copyright ownership to me? My website is just .com, it’s not registered as a company.

Evelyn Suero
Evelyn Suero
answered on May 7, 2020

When working with an independent contractor it is good practice to have a signed written agreement where the contractor agrees that any intellectual property created while providing the services to you will be deemed "work for hire" and, if a court determines that the intellectual... Read more »

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1 Answer | Asked in Copyright, Business Law, Intellectual Property and Internet Law for Texas on
Q: Post recipe

I can figure out recipes (may be or may not be true) of manufactured food products by using publicly available ingredients lists and my algorithms. I want to post them on my website and then rate products and review them - whether I find them healthy, safe, etc based on their ingredients amounts... Read more »

Tania Maria Williams
Tania Maria Williams
answered on May 1, 2020

Reviews of a product have particular protections, but understand that some manufacturers are more litigious than others. If your algorithm is incorrect, and results in a misrepresentation of their product, they may try to pursue legal action.

1 Answer | Asked in Criminal Law, Internet Law and Juvenile Law for Texas on
Q: A friend (16) living in Texas sexts with a 60 y/o. What legal consequences could she face?

My friend is 16. She sexts with a 60 year old man. I’m trying to propose reasons why she should stop. She lives in Texas. What legal consequences could she face?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 8, 2020

In the context of criminal law, the 60-year-old is the one who should be most concerned about potential liability in this situation.

1 Answer | Asked in Internet Law, Libel & Slander, Criminal Law and Civil Rights for Texas on
Q: Is it legal to post on social media for someone to cause bodily harm to another person?

" Do the world a favor and die already..." Your mother is a drunk whore"..... " Pull their nails out, I'll pay good money...." Use for shark bait, then post a casket with the caption- "Coming Soon" constant degradation, and then I'm just going to say... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 23, 2020

You should probably block and "unfriend" any person who posts that type of garbage. Depending on the exact details, it could be nothing or It could be the misdemeanor crime of Harassment if it happens once or it could be the felony crime of Stalking if it happens on multiple occasions.... Read more »

1 Answer | Asked in Contracts and Internet Law for Texas on
Q: Is there a grace period during which you can cancel an online "membership" (Six Flaggs)? I purchased without understand

I bought multiple duplicate memberships for which they charged my card 200 dollars. They also want to keep chARGING me for 12 months. I realized the mistake within 24hrs and contacted them in person and online to try and straighten it out. But they insist I owe them 1800.00 to cancel, even... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 12, 2019

Contract grace periods are governed by regional conditions, so a Texas attorney can best advise you. But your question remains open for two weeks. Unfortunately, outside of such limited exceptions, the general rule is that a contract becomes enforceable at time of formation. In light of your... Read more »

1 Answer | Asked in Internet Law for Texas on
Q: Can I get in trouble for starting a company that is similar to the one I currently work for?
Tim Akpinar
Tim Akpinar
answered on Sep 22, 2019

It's possible they could sue if you signed a non-compete agreement. More than Internet law, this looks like something closer to employment law. You'd get the most meaningful input from an employment attorney as how not to not afoul of any legal problems if you go out on your own. Good... Read more »

1 Answer | Asked in Contracts, Copyright and Internet Law for Texas on
Q: Are there any legal rights for an individual regarding their voice in the context of speech synthesis?

Progress in speech synthesis, in particular the work of google (tacotron 2) and baidu (deep voice 3 and and un-named copying system), raises the question of the rights of an individual to the use of their voice and I have found no sufficient answer. I am curious if the law even has a stance on... Read more »

Benton R Patterson III
Benton R Patterson III
answered on Mar 15, 2018

There is a small body of case law on mimicking a famous person's voice (usually a singer's voice in advertisements) surrounding that person's right to publicity that could be used as a basis to claim legal rights in the sound of one's voice with respect to speech synthesis.

2 Answers | Asked in Copyright and Internet Law for Texas on
Q: Can my apartment complex use my image without permission on a promotional account?

My apartment complex posted my picture on their public, promotional Instagram page (taken without my permission from MY instagram), along with my full name and (given that it is their own Instagram) basically my address. I was neither informed prior OR tagged in the photograph, so was I not... Read more »

Joseph Hoelscher
Joseph Hoelscher
answered on Jan 8, 2018

You should check your lease. However, a standard lease doesn't include those rights. In Texas, you have a property right in your image. Certain public images may still be used without permission, but not generally for commercial purposes. For example, if you walk through a live newscast at a... Read more »

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1 Answer | Asked in Copyright, Internet Law and Trademark for Texas on
Q: I received a cease & desist letter from a co. for selling their clothing on Ebay. The items are legit. How do I respond?

Cease and desist letter received requesting names and information of all suppliers and that I turn over all inventory for no compensation. These items are genuine items that were purchased from reputable buyers in China so they are not counterfeits, which the letter does not allege. We are being... Read more »

Benton R Patterson III
Benton R Patterson III
answered on Sep 22, 2017

Its unsafe to assume that because of the first sale doctrine they have no claim. They may be concerned that a Chinese distributor has breached a contract to not distribute the products in the US. An attorney would need to review the letter and all the facts to determine whether you should comply... Read more »

1 Answer | Asked in Internet Law and Intellectual Property for Texas on
Q: I created a original tune and a dj remixed it to the beat of a popular hit. can I use it on social media free?
Benton R Patterson III
Benton R Patterson III
answered on Aug 8, 2017

You would likely need the permission of both the DJ and the creator of the popular hit.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Internet Law for Texas on
Q: I just found out that i have been recorded for the past few months and its gone viral can I do anything to find out

My ex boyfriend had been charged with capital murder in 2012 and is appealing his case. And idk what video has been put out there

Roy Lee Warren
Roy Lee Warren
answered on Jun 25, 2017

Not enough information to discover how you found out and what was recorded. If you were in public, there is no expectation of privacy, making it more difficult to obtain relief. You may try contacting the administrator for the website to have it removed.

Q: Is my idea for a fact compilation database protectable by patent, copyright or neither?

I want to create a fact compilation database that would be used by businesses of a specific industry.

Multiple businesses would import and upload their customer data that would be stored in cloud storage, most likely. The result would be that businesses of the same type within the industry... Read more »

Dr. Jamie Cuticchia
Dr. Jamie Cuticchia
answered on Apr 22, 2017

Copyright law used to require that the person seeking copyright for compilations must do more than compiling data. This was the "sweat of the brow" doctrine.

That has changed, however. A compilation of data can be copyrighted, but is must only contain the "facts."...
Read more »

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