California Internet Law Questions & Answers

Q: Is it legal for police to use dispatch records to expose someone when there isn’t a crime committed?

1 Answer | Asked in Civil Rights, Communications Law and Internet Law for California on
Answered on Mar 16, 2019
Louis George Fazzi's answer
Insufficient information to offer any kind of sound advice.

Q: Someone is mirroring my website and content on their own domain. Can I sue them to get them to take it down?

1 Answer | Asked in Internet Law for California on
Answered on Dec 27, 2018
Ali Shahrestani, Esq.'s answer
That sounds like breach of IP rights, including copyright. Typically a Cease and Desist letter is the first step. What damage has been caused to you as a result? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY,...

Q: I used to use Napster in 2000 to download music. Can I still get sued by any of those copyright holders?

1 Answer | Asked in Intellectual Property and Internet Law for California on
Answered on Nov 17, 2018
Guvenc Acarkan's answer
Copyright Act sets civil statute of limitations to 3 years and criminal proceedings statute of limitations to 5 years. (U.S. Title 17 Section 507). You will not be sued under Copyright Act. Whether there is a state law in California that has an unusual statute of limitations exceeding 18 years, I am not sure, but very very highly unlikely. The real question is are you still violating the Copyright Act with your current use of the downloaded music. If you still make use of the downloaded...

Q: what should i do if i was cheated by a cheater who pretended to of me a job?

3 Answers | Asked in Criminal Law, Employment Law, Business Formation and Internet Law for California on
Answered on Oct 18, 2018
Gary Kollin's answer
You have been scammed and you are being scammed again.

Q: How to apply a trademark for AirTrackMats.com?

1 Answer | Asked in Intellectual Property, Trademark and Internet Law for California on
Answered on Sep 1, 2018
Peter D. Mlynek's answer
If you own the domain name, you would apply for it just like any other trademark. You can either do it yourself, or get an intellectual property lawyer to do it for you.

If you do not own the domain name, then it is going to be a bit harder, and you need to talk to a trademark attorney.

Q: If I register a trademark and that name is already used in a domain (but not trademarked yet) can I get that domain?

1 Answer | Asked in Copyright, Intellectual Property, Trademark and Internet Law for California on
Answered on Jul 5, 2018
Camille Brooks Ibrahim's answer
It depends if the party in whom has a domain for it has trademarked a name similar or the exact same.

Q: Can I force Sony to delete my personal data in messages on their system?

1 Answer | Asked in Consumer Law, Gaming and Internet Law for California on
Answered on Jun 12, 2018
William John Light's answer
Your personal data, in all likelihood, belongs to Sony. As a result, you are asking if there is a way to force Sony to delete its own property, which you consented to it giving to it. I doubt that is possible.

Q: What happens if a social media account with no personal info is threatened to be sued by a corporation?

1 Answer | Asked in Internet Law and Libel & Slander for California on
Answered on Jun 5, 2018
Gerald Barry Dorfman's answer
If there are grounds to file suit, a lawsuit can be filed, naming "Doe" defendants. With the proper foundation, a subpoena can be served on the social media company to reveal the account holder's information. Then the account holder can be added into the lawsuit. Note, a corporation can not appear pro per, but must be represented by an attorney.

Q: How can I sue someone for stealing digital property worth $50k?

1 Answer | Asked in Criminal Law, Intellectual Property and Internet Law for California on
Answered on Apr 10, 2018
Dale S. Gribow's answer
a lawyer needs a lot more info

anyone can sue anyone for anything........the question is proof and collection.

first, you have to prove what you allege and then you need to have a defendant that has that kind of money.

Otherwise, you get a piece of paper that you can't collect on.

lawyers would probably only take this case on an hourly..........not contingency.

Q: I entered an agreement with an LLC based on a false info provided by it sole owner, can I sue the owner personally?

1 Answer | Asked in Contracts, Intellectual Property and Internet Law for California on
Answered on Apr 9, 2018
Benton R Patterson III's answer
If the owner personally made a material misrepresentation, then yes, you would be able to sue him or her personally. I recommend speaking with an attorney would has handled these type cases in your state.

Q: Publishing court documents in the child molester's case

1 Answer | Asked in Criminal Law, Family Law, Internet Law and Sexual Harassment for California on
Answered on Apr 6, 2018
William John Light's answer
You are asking for a legal opinion about a specific case, with very few facts and no compensation to the attorney for the risk in giving an opinion.

In general, unsealed records in a Court file are public records. There are protections for victims of sexual assault, and for minors. Whether or not those protections have been waived or are inapplicable is unknown.

Q: I just found my email address and more of my info on a website that sales email addresses! What can I do about this?

2 Answers | Asked in Identity Theft and Internet Law for California on
Answered on Mar 16, 2018
Dale S. Gribow's answer
you need to report to police and possibly hire a lawyer to make an immediate return of your info and to cease and desist.........and possibly sue the other party

Q: A moderator team on a discussion forum is harassing me, do I have any legal action available to me?

1 Answer | Asked in Consumer Law, Small Claims, Communications Law and Internet Law for California on
Answered on Mar 15, 2018
William John Light's answer
Unless you are being discriminated against based on your age, race, ethnic origin, nationality, disability, gender, sexual orientation, political affiliation, etc., then there is no legal remedy for people being mean to you. Take your business elsewhere.

Q: I'm compiling an ebook about the best photography locations in my area. Can I get sued for using public locations?

1 Answer | Asked in Consumer Law, Copyright and Internet Law for California on
Answered on Feb 23, 2018
Benton R Patterson III's answer
You are free to describe and take photos of public locations (state parts, local schools, etc.). Ownership of real property does not include the right to exclude others from taking photos of the property.

Q: Regarding fair use the the term "educational purposes". Are the profesional teachers only allowed to use this term?

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for California on
Answered on Feb 20, 2018
Benton R Patterson III's answer
Most likely it is not fair use to take someone else's image and use it in a blog, even if the purpose is to educate people. An attorney would need to evaluate the entire website to give a confident answer though.

Q: Does fair use eductional purposes only apply for teachers? Are bloggers or website owners allowed to use this reason?

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for California on
Answered on Feb 16, 2018
Andrew Zulieve Esq's answer
The statutory fair use exception to a copyright owner's exclusive rights applies to all.

Q: If I told somebody they could have a computer hard drive, are they legally allowed to browse my personal data?

1 Answer | Asked in Criminal Law, Internet Law and Securities Law for California on
Answered on Jan 31, 2018
Dale S. Gribow's answer
if you gave it to her you probably should have thought of that then.

you can contact a lawyer to send a demand letter for the return of the drive.

Q: 4 months ago i purchased a customised snap filter for my brother’s wedding. Filter never showed up and no refund.

1 Answer | Asked in International Law and Internet Law for California on
Answered on Jan 23, 2018
Richard Sternberg's answer
The retainer will very likely exceed the value of whatever a customized seal filter is. Have you tried charging it back on your credit card? Have you reported it to the web merchant that deals with customer complaints?

Q: Can a website administrator provide access to the relatives of an account member?

1 Answer | Asked in Consumer Law, Contracts and Internet Law for California on
Answered on Jan 17, 2018
William John Light's answer
Maybe. Is there a Power of Attorney, Guardianship, Parent-Minor relationship? What do the terms of service say?

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