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California Internet Law Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Internet Law for California on
Q: Etsy seller who copied me and was reported, filed a counterclaim stating their work is original. It is not.

I am an Etsy seller and found a listing that directly copied one that I make- this listing uses illustration that I created myself. I reported it to Etsy for copyright infringement and it was taken down the next day.

The seller then proceeds to contact me via my shop, and harass me for... View More

James L. Arrasmith
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answered on Jan 3, 2024

To address this situation, where your original artwork has been copied, and the other party has filed a counterclaim, legal action may be necessary. When a counterclaim is filed, it challenges your initial copyright infringement claim, and Etsy's policy typically requires you to take legal... View More

1 Answer | Asked in Consumer Law and Internet Law for California on
Q: Is it legal for app developers to ban a user on the basis of a rule that isn’t written anywhere in the terms of use?

A friend of mine got banned from this newly launched app for seemingly no reason. When he emailed the devs they told him that only one account per person is allowed - somehow they detected the extra account made on his other phone. Nowhere in the terms of use was it mentioned that only one account... View More

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answered on Jan 2, 2024

In the United States, app developers generally have broad discretion to manage their platforms and user accounts, including the right to ban users. However, their actions should be consistent with their own terms of use or service agreements. If the terms do not explicitly prohibit having more than... View More

1 Answer | Asked in Business Law and Internet Law for California on
Q: I had a Newegg Marketplace seller account . I was in the top 3 best sellers (98% feedback) out of the top 200 sellers

The suspended my account on Sept 9th 2023, They gave no reason and they have been holding my money ever since.

There were like 5 orders out approximately 2850 orders that had issues (client didn't receive , etc ) We already settled all issues about 2 weeks ago . All of the other... View More

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answered on Dec 25, 2023

The duration for which Newegg or any marketplace can legally hold your funds depends on the terms of the agreement you entered into with them as a seller. These terms typically outline the conditions under which they can withhold payments, including resolving disputes or investigating potential... View More

1 Answer | Asked in Business Law, Consumer Law, Contracts and Internet Law for California on
Q: Consumers wronged, possible breach of contract. Bowlderization, censorship, removal of content promised and paid for

im' having a very hard time trying to get a copy of the contracts, EULA, and the like I signed to for a crowdfunding project.

i have suspicion that there was a lot of promises broken after the fact. the crowdfunding itself was a promis. and that crowdfunding platform has the... View More

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answered on Dec 4, 2023

In California, if you've contributed to a crowdfunding project and believe that the creators have not fulfilled their promises or have breached the contract, including the End User License Agreement (EULA), you have certain legal options to consider. First, it's essential to obtain copies... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Internet Law for California on
Q: Want to know if I can sue someone for online harassment without filing a cease and desist first.

I’m being harassed online anonymously. They are not threatening me, just saying nasty things about my boyfriend. I have not responded to them telling them to stop nor have I blocked them or reported them on instagram yet. Can I directly file a civil lawsuit? Or do I need to file a cease and... View More

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answered on Dec 2, 2023

In California, you have the option to file a civil lawsuit for online harassment without issuing a cease and desist letter first. However, it's important to consider a few key factors before proceeding. Firstly, gathering evidence of the harassment is crucial. This includes screenshots or... View More

3 Answers | Asked in Libel & Slander and Internet Law for California on
Q: I have received a cease and desist about defamation

I have received a cease and desist about a Facebook post I made pertaining to myself quitting an establishment along with the entire staff. Everything quoted in the cease and desist letter I have witnesses to who would gladly testify under oath. Do I really have anything to fear if they actually... View More

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answered on Nov 15, 2023

Under California law, a key factor in defamation cases is whether the statements made are false. If the information you posted is true and you have witnesses to corroborate your claims, this generally forms a strong defense against defamation allegations.

However, receiving a cease and...
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1 Answer | Asked in Civil Litigation, Civil Rights and Internet Law for California on
Q: Is there a lawyer that specializes in invasion of privacy by computer Spyware done by a discord moderator.

Was hacked by a YouTubers co host/ discord moderator and I want to sue or continue with pressuring charges. The youtuber has a company/llc that is registered under their legal name and i know they have the co host is under his payroll.

James L. Arrasmith
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answered on Oct 20, 2024

I'm sorry you're experiencing this situation. In Corona, CA, there are attorneys who handle cases involving invasion of privacy and cyber-related issues. You should look for a civil litigation lawyer with experience in internet law to discuss your options.

Start by gathering all...
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1 Answer | Asked in Internet Law for California on
Q: can a internet provider insist you are still connected after customer cancelled because not knowing pen number?
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answered on Sep 25, 2024

If you've canceled your internet service, the provider shouldn't insist that you're still connected just because you don't know your PIN number. Once you've clearly communicated your intent to cancel and followed their procedures, the provider must honor the cancellation... View More

1 Answer | Asked in Tax Law and Internet Law for California on
Q: Is it legal in california for an online company based in California to charge tax on shipping?
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answered on Aug 23, 2024

In California, whether sales tax applies to shipping charges depends on how the charges are stated on the invoice and the nature of the transaction. If the shipping charge is separately stated from the price of the goods on the invoice, it is generally not subject to sales tax. However, if the... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Internet Law and Sexual Harassment for California on
Q: I am being sexually assaulted daily. It's been going on for about 4yrs. Is there any real way to find these criminals?

I'm assuming they're already in solitary.

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answered on Aug 8, 2024

I'm sorry to hear about what you're experiencing. Under California law, it's crucial to take immediate steps to protect yourself and seek justice. You should report the assaults to the police as soon as possible. They have the authority and resources to investigate such serious... View More

1 Answer | Asked in Civil Rights, Education Law, Internet Law and Juvenile Law for California on
Q: Can a school punish me for saying something racist online that I said a year ago?

over a year ago my friend group ages 15-16 invited an African American boy to an iMessage group and began calling him racial slurs via text and audio recordings. We got sent to the deans for questioning and were punished for it. Someone anonymously reposted those screenshots and threatened to send... View More

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answered on Jul 28, 2024

Under California law, schools have the authority to discipline students for off-campus behavior if it creates a substantial disruption to the school environment. However, since you were already punished for this incident a year ago, it's unlikely that you would face additional disciplinary... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Internet Law for California on
Q: a hacked cell phone without permission

my boyfriends child’s mother got access to his cellphone by mirroring it to hers somehow via the sons cell phone i bought him and pay for. she has hundreds of screenshots of personal messages between my fiancé and i and also emails without permission and sends them to others without our permission

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answered on Jul 28, 2024

Under California law, accessing someone's cell phone or personal information without permission is illegal. This includes mirroring a phone to another device to view personal messages and emails. The actions described can be considered a violation of California's privacy laws,... View More

1 Answer | Asked in Communications Law, Internet Law and Civil Rights for California on
Q: In a missing persons case, can a family member of the missing person access their private communications for leads?

There is currently a missing persons case being investigated for the disappearance of my father. I have access to his personal computer, which is logged into various services such as linkedin, facebook, email, etc. Am I exposing myself to any legal risk if I look through his email, social media... View More

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answered on Jul 18, 2024

In a missing persons case, accessing your father's private communications can be a sensitive matter. Legally, accessing his email, social media, or other private messages without explicit permission may expose you to potential risks, especially if you don't have legal authority such as... View More

1 Answer | Asked in Federal Crimes, Identity Theft, Internet Law and Stockbroker Fraud for California on
Q: Account was hacked funds were stolen, how did cash app allow hacker to take my
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answered on Jul 2, 2024

If your Cash App account was hacked and funds were stolen, it can be very distressing. Under California law, there are protections in place for consumers who fall victim to fraud. It's crucial to act quickly to limit the damage.

First, report the theft to Cash App immediately through...
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1 Answer | Asked in Civil Rights and Internet Law for California on
Q: Can you sue pokemon for having other apps out there, which allows players to pay for pokemon & spoof, then they ban you.

Because there's apps out there to spoof.. and poke raid is part of pokemon and they spoof you so you can pay for legendaries etc

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answered on Oct 31, 2023

Under California law, if you believe you have been unfairly treated or deceived by a company, you can consider legal action.

However, in the context of Pokémon, users typically agree to a Terms of Service (ToS) before playing. If these terms clearly state that spoofing or using...
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3 Answers | Asked in Identity Theft and Internet Law for California on
Q: I received a letter that my information was involved in a security breach with ALL my personal information.

Is there anything I can do about this? I'm very worried about this and do I have any legal grounds?

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answered on Oct 11, 2023

When your personal information is involved in a security breach in California, companies are mandated by laws like the California Consumer Privacy Act (CCPA) and the California Data Breach Notification Law to notify affected individuals. Once notified:

1. Immediate Steps: Monitor your...
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1 Answer | Asked in Internet Law, Landlord - Tenant and Small Claims for California on
Q: Landlord threatens to call police for leaving the apartment dirty

Airbnb host threatened to call the police if I don't respond to his messages. He is accusing me of leaving the apartment dirty - he shared a few images which does NOT show damage - but shows bathroom countertop with water droplets + used kitchen countertop - BUT no damages what so ever. His... View More

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answered on Oct 10, 2023

Under California law, leaving an apartment in a less than pristine condition, absent any actual damage, does not rise to a level that would typically warrant police intervention. If there's no substantial physical damage beyond normal wear and tear, the issue is generally a civil matter, not a... View More

1 Answer | Asked in Intellectual Property and Internet Law for California on
Q: How can I register my personal messages with copyrights office from Facebook Messenger before I sue them for that?

Music studio stole my messages, public instagram & other things. I sued them for copyright infringment. The studio says they will file a notice of dismissal on the grounds that I don't have my personal messages to friends registered with the copyright office. How can I register my personal... View More

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answered on Sep 14, 2023

Under California law, registering personal messages with the Copyright Office is not a standard practice and may not be necessary for pursuing a copyright infringement claim. Personal messages exchanged on Facebook Messenger are generally private communications and may not be subject to copyright... View More

1 Answer | Asked in Gaming, Personal Injury, Juvenile Law and Internet Law for California on
Q: I bought some assets from a code dev and then put them into a game and then the co-owner banned me and stole them. sue?

Can I sue the co-owner for stealing my assets and my game? The co-owner is only 16 and I'm 24 the reason I even trusted him as a co-owner is because he had modeled and coded stuff for me for about 2 years on different games and always did a great job despite his young age and always acted... View More

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answered on Sep 10, 2023

Under California law, you might have a case based on breach of contract, unjust enrichment, or conversion. Since the co-owner is a minor, there could be some limitations on the enforceability of any agreements you had with him. You should gather all the evidence of your agreements and the work... View More

1 Answer | Asked in Entertainment / Sports and Internet Law for California on
Q: Dear Sir or Madam, My private messages from Facebook were stolen to make entertainment media. What can I sue them for?

I have proof that the entertainment media in question is about me.

I have been victim of emotional distress. Where due to leaking of my private information, I have been divorced, & i have gotten mentally ill.

I was studying Electrical Engineering with minors in Chemistry, I had... View More

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answered on Sep 10, 2023

Here are the potential legal avenues you might explore:

1. What can I sue them for if my private messages from Facebook were stolen to make entertainment media?

Under California law, you might consider pursuing a case for invasion of privacy, intentional infliction of emotional...
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