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Florida Internet Law Questions & Answers
Q: If there was a youtuber whom read poetry from other poets and got paid for it, could he/she be sued?

They aren't passing off the content (poems) as their own. They are just reading it in a ASMR fashion to make money.

Linda Liang
Linda Liang
answered on May 4, 2021

What is copyright infringement? As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. Since you use the poem in a way that you are making... View More

1 Answer | Asked in Gov & Administrative Law, Internet Law and Small Claims for Florida on
Q: Can I do this without being an attorney/law firm?

I want to start a small company where I send demands (seeking settlements) to companies for violations of u.s. telemarketing laws...I have seen places that help with accidents that arent actually law firms, am I able to do something similar but with telemarketing?

Charles M.  Baron
Charles M. Baron
answered on Dec 13, 2020

No.

1 Answer | Asked in Consumer Law, Internet Law and Securities Law for Florida on
Q: I believe I am eligible for this 5000$

I was looking at medical sites for a skin cream

as well a 3d render application without Google recommended also you should just know this site po*nhub all my data was saved and when i went back on to the site i was still getting recommended yeah i know of all things i metion is this but i... View More

Adam Savett
Adam Savett
answered on Jun 9, 2020

This is a brand new case that was just filed last week.

There is no settlement, no judgement, nothing to claim at this point.

Class action cases take time, often 2-5 years from the time they are filed until they are resolved.

And there is no guarantee that the case will be...
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1 Answer | Asked in Real Estate Law, Communications Law, Internet Law and Landlord - Tenant for Florida on
Q: Is a landlord and/or condo HOA in Florida required to furnish a tenant w/ internet access (via wall jacks/cable ports)?

I've occupied a unit in a condo complex for the past 2 years. The building has known issues with cable wiring. Xfinity provided us with equipment for self installation, however our internet connection continued to fail after many attempts by service techs to repair. They finally told us that... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 20, 2020

Nobody is required to furnish internet access, unless the requirement is specifically mentioned in the lease. You have some options, I think: pay to upgrade the condo's cabling; move; or see if you can access the internet via satellite or some other wireless method of connecting to the... View More

1 Answer | Asked in Copyright, Personal Injury, Internet Law and Libel & Slander for Florida on
Q: Hello, I have somewhat of an online presence and someone that I used to speak to as a friend has decided to leak my nude

photos from OnlyFans (a protected site that subscriptions are payed for) as well as has leaked my previous home address, phone number, and still constantly harasses me via twitter through multiple accounts.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 27, 2020

You should report to the police.

As far as leaking photos, you should consider filing for copyright registration and sue him for infringement.

You should consult with an attorney quick.

Marcos

www.legalbizglobal.com

1 Answer | Asked in Federal Crimes, Internet Law, Juvenile Law and Sexual Harassment for Florida on
Q: if you ask someone for a massage through snapchat and sent them money. then they say they are underage.

Is there any wrongdoing here if the 2 parties never met?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 26, 2020

You could perhaps be charged with attempt.

1 Answer | Asked in Criminal Law and Internet Law for Florida on
Q: I do independent journalism as a hobby and now being accused of trying to undermine someone's lawsuit.

I sent an email to do a story for an anonymous person who is suing to have documents released in vero beach, Florida. After about 2 emails, they accused me of trying to undermine their case and have forwarded the emails to their lawyer. Then they said they contacted the authorities and sent my... View More

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra
answered on Jan 15, 2020

I highly suggest you schedule a consult with an attorney. Bring to the consult all of the evidence to help them understand your case with specific details.

1 Answer | Asked in Constitutional Law and Internet Law for Florida on
Q: Can I get into legal trouble for using a picture of my ex and I as a blog header?

Hey! So June of 2018 I posted a blog post about an old relationship I had. As the cover photo I used a picture of my ex and I (prom). I never used his name or etc. I recently was contacted by his wife freaking out about the picture that’s been up for over a year now. Can i legally get in trouble... View More

Enrico Schaefer
Enrico Schaefer
answered on Oct 15, 2019

There is always risk and the devil is in the details. However, there are a couple of issues to consider:

1. Who took the picture? That is the copyright owner. Your use may depend on having the right to use the picture for this purpose. You would likely argue that the photo is subject to...
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1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Internet Law for Florida on
Q: Looking for an attorney to counter-litigate 8:17-cv-1522-T-33MAP Middle District of Florida

Former employer gave me corporate iphone. Upon separation I was told to keep the iphone (documented via emails).

Iphone settings were never changed, and Microsoft Exchange was attempting to synchronize contacts with corporate Exchange server (standard functionality). User account was... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 30, 2019

If you retained a competent lawyer to defend you in the federal district court over two years ago I am surprised they did not file a counterclaim way back when you answered the complaint--because the plaintiff company might have seen the wisdom of paying your fees when they wanted to settle. In any... View More

1 Answer | Asked in Business Law and Internet Law for Florida on
Q: Selling t shirts on social media to raise awareness and cite facts written by government and cdc

I’m starting a social media account to raise awareness on Camp Lejeune toxic water. There’s a lot of government websites,like va.gov and the cdc that contain useful information I want to talk about and give links for. I also plan to sell T-shirt’s to raise profit for awareness but I don’t... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 7, 2019

So glad to hear someone like you say "I'm worried about any legal trouble this could cause." Read on:

Free practical advice offered for the last 41 years to people starting or operating small businesses:

The main difference between successful small businesses and...
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2 Answers | Asked in Business Law and Internet Law for Florida on
Q: I earned up to $1000 on an online survey site, but they banned me because my siblings had same home address.

I earned up to $1000* on an online survey site over a period of several months, but they banned me because my siblings had same home address which triggered them to ban my account it violated their terms of service. Can I sue them for the money owed? This doesn't seem legal that companies can... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 24, 2019

Sure; in America anyone can sue anyone else at any time—even without a lawyer in small claims court. Winning the lawsuit is another matter. If you decide to sue you should be prepared to pay the $400 filing fee and then pay another hundred bucks or so for service of process. Finally, if a court... View More

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1 Answer | Asked in Internet Law for Florida on
Q: How can I stop my neighbors from illegally using my wifi network?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 9, 2018

Password-protect it.

1 Answer | Asked in Internet Law and Real Estate Law for Florida on
Q: Is it illegal to go live online for a meeting open to the public in my community?

I live in An HOA Community and our board is run by residents that also reside here. They collect our fees and manage our money. Recently the community has become concerned with a lot of decisions made by the board and they have a record of saying one thing and doing another and not being... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 17, 2018

The answer to your final question is yes, the Florida Statutes permit tape recording and video recording of all HOA member meetings and board meetings. If you cannot find that yourself in the on-line statutes, I suggest you consult an attorney to find it for you. If the HOA directors still... View More

1 Answer | Asked in Internet Law for Florida on
Q: Does my employer have the right to look at my personal gmail account?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 22, 2018

If you have set your work computer (which belongs, presumably, to your employer) to be able to access your email without the need for inputting a password, yes: you have given the employer implicit permission.

1 Answer | Asked in Personal Injury, Civil Rights, Internet Law and Sexual Harassment for Florida on
Q: Practice area question:

If you have person A who video taped person B

through an area where the curtain did not close properly and person B

was not aware of the exposure. Person A video tapes person B without

knowledge or consent as person B was in his/her alone engaged in a

private,... View More

Tina El Fadel
Tina El Fadel
answered on Jun 7, 2018

This is a crime and you should report it to the police. Florida is a two person consent state, it is a felony for someone to record another without their consent. Further, yes, this is an invasion of privacy as it was an electronic intrusion into a person's private quarters and possibly a... View More

1 Answer | Asked in Civil Rights and Internet Law for Florida on
Q: I am wondering is it legal to limit speech on a website forum if the speech is not an acceptable forum topic?

For example if a person has an alternate explanation for a current popularly accepted scientific theory. Is it legal to ban people from talking about alternate theories or ideas?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 27, 2018

Your free-speech rights do not prohibit the owner of the website from limiting what you say on that forum. If you want to express something the web-site owner doesn't want, you can find another web-site.

Or to put it in terms that the founders would understand, if you want to publish...
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1 Answer | Asked in Civil Litigation, Civil Rights and Internet Law for Florida on
Q: Can a government agency subject to Sunshine Laws in Florida delete a Facebook post?

A local government agency deleted something they posted on their Facebook page (that was related to the agency) because of a lot of criticism they were receiving. Is this deleting a public record?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Dec 1, 2017

I see that you have not received an answer to your question. I am not sure if I know the exact answer, but my educated guess is yes, they can take down the post from a social media site. Was or is it a violation of the Sunshine law, I have no idea.

Good luck,

1 Answer | Asked in Business Law and Internet Law for Florida on
Q: What, if any, Florida statutes cover fraudulent clicks on a cost-per-click advertisement?

Take the Google Adwords platform, for example. If I were running an ad where I am charged based on the number of clicks my ad receives, and a competitor was deliberately clicking my ads for the purpose of costing me money & exhausting my daily budget, is it illegal or just immoral for my... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Oct 26, 2017

Sorry, no way to say for sure. I do not see it as a legal issue for Google. ie: if you run an add and agree to pay by the number of clicks you get on the add, then google has not control of who clicks or how many times. On the other hand this person, who you believe is, clicking the add... View 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... View 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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