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Questions Answered by Ansel Jay Halliburton
1 Answer | Asked in Copyright for California on
Q: I want to make an Online storage service,but is it legally safe for me if the user uploaded a music/video file?

I want to create an online storage but if the user upload copyright material such as Music/Video file,will it put me in risk as developer?

an other question:if i offered a facility that the user could share files but no publicly,such as dropbox you can just share with several contacts,will... Read more »

Ansel Jay Halliburton
Ansel Jay Halliburton answered on Sep 4, 2014

It depends! This is a minefield, so tread very carefully, and preferably with guidance from a good internet and copyright lawyer. Here are some of the laws and issues to consider:

If the service actively encourages users to upload copyrighted music and videos, then it could be found liable...
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1 Answer | Asked in Trademark on
Q: How do I go about addressing a trademark breach?

Hi,

Using your site we've noticed that someone is using our trademarked name "PhotoKey" and I was wondering what the process towards addressing that is. Would I need to send a cease and desist letter as the first step, or is there something I should do before that?

Thanks for your... Read more »

Ansel Jay Halliburton
Ansel Jay Halliburton answered on Sep 4, 2014

A well-written and specific cease-and-desist letter is usually a good first step. It will be taken far more seriously if it comes from a lawyer. Keep in mind that trademarks can be lost through lack of policing—so sending these letters is important to that end as well.

2 Answers | Asked in Copyright for California on
Q: Are court documents considered public domain for purposes of posting them on a website or blog?

I'm being sued by a copyright troll and want to document the process on my website. However, I don't want to get sued for posting court documents online.

Does it make any difference if I am the plaintiff, defendant, or an uninterested third-party?

Ansel Jay Halliburton
Ansel Jay Halliburton answered on Sep 3, 2014

There is some new information on this question as of July 2014. Judge Jed S. Rakoff in the Southern District of New York issued a more detailed opinion which found that collecting legal briefs by lawyers (not just opinions and orders by judges) was fair use.

Professor Eric Goldman...
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