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Questions Answered by Timothy James Walton

1 Answer | Asked in Internet Law for California on

Q: Is there an age limit to posting videos online?Is it okay for minors under 18 to post educational videos online?

Timothy James Walton answered on Dec 19, 2014

There are some exceptions, but in general, minors are allowed to post videos online. Exceptions include: posting a video of a sexual nature or of activity that would be unlawful for a minor to engage in, children under the age of 13 posting to a site that has a COPPA restriction, and, of course, no... Read more »

1 Answer | Asked in Internet Law for Louisiana on

Q: Does a wife have the right to hack into her husband's computer email account...

Timothy James Walton answered on Feb 7, 2011

While your situation may depend on the circumstances that you call "hacking", in general, computer intrusion is not lawful.

However, if you leave your password on a post-it note on the monitor, then that is not hacking...

1 Answer | Asked in Internet Law for Nevada on

Q: How do i find out the owner of a private registered website

There is a privately registered website that an individual posted information about me on. I want the information removed. The poster is anonymous, and the information is private information that I don't want made public. (It is from an ex girlfriend, I'm sure). The website has a no-removal... Read more »

Timothy James Walton answered on Feb 7, 2011

While I doubt that you are correct that someone who has gone to the effort of successfully hiding will appreciate your finding them and respond to your sob story, it is a fact that you can sometimes find the true operator of a privately registered web site by sending the appropriate letter to the... Read more »

1 Answer | Asked in Internet Law for California on

Q: Can you sue a website?

Timothy James Walton answered on Feb 7, 2011

You can sue the person or entity that owns the web site. Depending on the cause of action, there may be other potential defendants as well.

If you are having trouble finding the company that owns the web site, then try checking the TOS or privacy policy on the web site, do a Google search...
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1 Answer | Asked in Business Law for California on

Q: What is the definition of "display" of 40 C.F.R. 85.1511 (b)(4)?

Timothy James Walton answered on Feb 7, 2011

The meaning of the word appears to address the use of autos and engines in shows - cars that are for purposes of display don't need to register, but neither can they drive on the public roads.

If you need the exact definition as it applies to your situation, then you need to consult with an...
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1 Answer | Asked in Business Law for California on

Q: If life insurance payments were not paid on time do you not get full policy benefits at death

Timothy James Walton answered on Feb 7, 2011

As with so many things, the answer is: it depends.

There is a case where a payment was placed in the mail one day late, the insured died soon after, and the court found that the policy had expired because the premium had not been paid.

However, there are protections in place to...
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1 Answer | Asked in Business Law for California on

Q: Are the prices advertised on a retailer's website binding? In other words, can he advertise goods at $85 and charge $95?

Timothy James Walton answered on Feb 7, 2011

Generally, a seller is required to stand by an offer once the offer is accepted. There have been instances, however, where a seller's price was just unreasonably low, due to a typographical error, for instance. Most retailers will still honor the price, but in one case a court found that the price... Read more »

2 Answers | Asked in Intellectual Property for California on

Q: Is browsing the web a copyright violation?

Strictly speaking - browsing the web creates a copy of copyrighted material. This is a full text copy including all imagery. This is illegal, even if it's for personal use, isn't it?

Related to that - if user has an adblocker installed, is this even more illegal?

Timothy James Walton answered on Feb 7, 2011

Many web sites will have a set of terms that state exactly what use is allowed. Typically, there is at least an implied license to view a web page that is placed on a publicly available server. There may be restrictions on use beyond mere viewing, such as a prohibition on printing, sending to... Read more »

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1 Answer | Asked in Internet Law for Michigan on

Q: I need help with an internet theft of over $4500. We have proof and confession, but police and IC3 have done nothing.

I am looking for information on how to get our funds back. This was from a fund raiser for a widow and her children. The person who was supposed to forward the funds to the intended party, never gave her the funds.

Timothy James Walton answered on Jan 7, 2011

Does the thief still have the cash? have you considered representing yourself in small claims court?

1 Answer | Asked in Internet Law for Virginia on

Q: Can I sue for a domain name if it matches the name of my company, and the company that owns it is not using it?

Timothy James Walton answered on Jan 7, 2011

Not usually.

If the domain name is merely parked, and not being used for commercial purposes or offered for sale, then you would have to come up with a really clever legal theory to seize it.

1 Answer | Asked in Internet Law for South Carolina on

Q: Can you use the word News in the category of a blog?

Timothy James Walton answered on Jan 7, 2011

That really depends on the terms of the contract with the blogging service.

2 Answers | Asked in Internet Law for Indiana on

Q: Does putting up a website make me subject to being sued in any state in the country?

Timothy James Walton answered on Jan 7, 2011

Anybody that can pay the filing fee can file a lawsuit. Your question is whether a court in another state could exercise personal jurisdiction over you. This question is extremely complex and depends upon a variety of criteria. The leading case on the subject, Zipp Mfg, suggested a sliding scale,... Read more »

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1 Answer | Asked in Internet Law for Idaho on

Q: Would objecting to a subpoena in a civil IP case help me in any way?

My phone company notified me that my IP address was identified in a subpoena in a civil intellectual property case; I have the option to object to the subpoena (thru Qwest, the phone company) before January 31st. What are the pros/cons of objecting? Does the fact that a subpoena was issued mean a... Read more »

Timothy James Walton answered on Jan 7, 2011

Objecting in your own name may be pointless if the purpose of the subpoena was to discover your identity. You could hire an attorney to do a John Doe objection to protect your identity while objecting. Main drawback is the effort and expense.

Not objecting almost guarantees that your phone...
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1 Answer | Asked in Small Claims for California on

Q: DO I need to provide my social secuirty number to a judgment creditor in a small claims case?

Timothy James Walton answered on Jan 7, 2011

You are not my client, so I cannot give you legal advice by telling you what you should do.

However, if I were a judgment debtor, *and* I was forced to appear for a debtor's examination, *and* I was asked for my social security number, I would refuse until we had an opportunity to be heard...
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1 Answer | Asked in Small Claims for California on

Q: Civil Law: California vexatious litigant statute, CCP 391-391.7

In 1993, Calif. Appeals Ct. published a decision affirming that CCP 391 et. seq. did not apply to small claims courts (they are not “courts of record”). [Banks v. State of California (1993) 14 Cal.App.4th 1147, 18 Cal.Rptr.2d 127]

In 1994, the legislature amended CCP 391 to include small... Read more »

Timothy James Walton answered on Jan 7, 2011

The question you are asking seems to be about trial strategy, and the answer would therefore constitute legal advice.

If I were sued by someone I successfully sought to have deemed vexatious, I would bring it up to the judge as early as possible, both to eliminate incurring additional...
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1 Answer | Asked in Appeals / Appellate Law for California on

Q: What type of a lawyer do i need?

I was hired to fix up a rental house with an eviction notice recently (with the home owners approval). on my first day of work, when all of a sudden four police officers with their guns drawn and one of them pointing at me shouted "don't move, what the fuck are you doing here? we got a call from... Read more »

Timothy James Walton answered on Jan 7, 2011

You can't really change your plea without the cooperation of the District Attorney. Were you not represented by counsel at trial? You should direct your questions requiring legal advice to your counsel of record...

1 Answer | Asked in Appeals / Appellate Law for California on

Q: I won a large civil money judgment and they are appealing. what do i need to do after they designate record on appeal?

Basically, do i need my original attorney or can this be done without such high costs. thank you

Timothy James Walton answered on Jan 7, 2011

This is not legal advice. You need an attorney to give you legal advice like what you should do.

In general, a judgment creditor will want to try to enforce the judgment while simultaneously defending it on appeal. So setting collection, you are asking how to defend it.

The...
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1 Answer | Asked in Business Law for California on

Q: Can action be taken against a retailer who writes a wholesale order via email but does not provide signature on a p.o.?

As a garment industry representative, I have historically required a signature to accompany all written orders. Recently, as so much business is done via email, I am wondering if the email itself is sufficient or if I will still have to have a written signature if they refuse to take the order and... Read more »

Timothy James Walton answered on Jan 7, 2011

The contents of the email would form the basis of the contract, so one cannot form a contract by email, and then try to bind the other party additional terms without subsequent agreement.

The relationship between the parties and the course of dealing can also determine whether the email is...
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2 Answers | Asked in Copyright for Indiana on

Q: Do you have to register a copyright to take advantage of copyright law?

Timothy James Walton answered on Jan 7, 2011

You also have to register at some point before filing a suit for infringement, even if you have lost the opportunity for statutory damages and attorneys' fees.

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1 Answer | Asked in Civil Litigation for California on

Q: How many days after service of discovery responses can one file a motion to compel further responses?

Timothy James Walton answered on Nov 10, 2010

A litigant has to meet and confer about deficient discovery responses before moving to compel, and has only 45 days after service of responses in which to move to compel.

In the best case scenario, a litigant will send a meet and confer letter about discovery responses the day after...
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