Internet Law Questions & Answers by State

Internet Law Questions & Answers

Q: If a image of me that is detrimental to my reputation and encompasses bullying is posted on social media, can I sue?

1 Answer | Asked in Internet Law and Libel & Slander for Pennsylvania on
Answered on May 23, 2017

If you wrote to him on facebook and he put it up, not much you can do. Ask the provider to take it down.

Without knowing what it is, hard to say--but I can tell you suing him will cost you lots of money and time and not get you anywhere.
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Q: My older brother's girlfriend sent me a message to kill myself. Do i report her to the police?

1 Answer | Asked in Family Law, Domestic Violence, Internet Law and Military Law for Indiana on
Answered on May 20, 2017

It is recommended you make a police report to document what has happened and what has continued to occur. You may want to consider getting a protective order to stop the harassment. I would inform your chain of command in your reserve unit in the event it becomes an issue, and provide a copy of the police report.
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Q: Could I have a website and provide a service to users that allows for uploading screenshots from video games for profit?

1 Answer | Asked in Copyright, Business Law, Entertainment / Sports and Internet Law for North Carolina on
Answered on May 18, 2017

If you're going to allow users to post potentially infringing material, you should become familiar with the DMCA takedown process and register a DMCA takedown agent with the U.S. Copyright Office. Qualifying for the DMCA safe harbor would shift the concerns of copyright infringement from you to the users posting any copyrighted content.

Posting screenshots of software, websites, and video games, is generally copyright infringement. Editing these screenshots may mean users are creating...
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Q: Is there anything I can do if an internet exchange robs me of my money? I lost $31k because they claim to be attacked.

1 Answer | Asked in Internet Law and Consumer Law for California on
Answered on May 9, 2017

Check the terms of service and EULA that you signed before using the platform to see their limits of liability and any releases.

See: http://www.aeesq.com/business-law/tech-law/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I...
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Q: i read an article where a random guy bought kanyewestforpresident.com and got offers up to 80k for it. Is this legal?

1 Answer | Asked in Internet Law for California on
Answered on May 3, 2017

That indeed sounds like cybersquatting, and he may be sued by Kanye West.

See: http://www.aeesq.com/business-law/tech-law/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of...
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Q: can facebook be sued when a user posts private videos about someone else?

2 Answers | Asked in Civil Litigation, Constitutional Law, Internet Law and Libel & Slander for New York on
Answered on May 3, 2017

A statute insulates social media from such suits. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....
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Q: Hi I'm wondering the legality of using quotes on prints. For instance can I quote two people debating on twitter?

1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Libel & Slander for New York on
Answered on Apr 30, 2017

It sounds like you're contemplating committing copyright infringement, unless you specifically license the right to use such content from the author.

See: http://www.aeesq.com/business-law/intellectual-property-attorney/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...
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Q: Someone who answered my ad on craigslist is harassing me. They threatened to put my pics and information on craigslist

1 Answer | Asked in Internet Law, Criminal Law and Libel & Slander for New Jersey on
Answered on Apr 29, 2017

You can only get a restraining order if you had a relationship with the person and that means more than just friends. Your best bet is to have a lawyer send a cease and desist order and threaten them with a lawsuit. It may cost you several hundred dollars for the lawyer to do this, but its your best option.
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Q: Someone I know has been sending me harassing emails, over 25+ in the last 2 mo. a comment on my FB business page

1 Answer | Asked in Civil Litigation, Criminal Law, Family Law and Internet Law for Illinois on
Answered on Apr 28, 2017

Harassing emails may entitle you to an order of protection.

The settings on Facebook may allow you to block a specific person.
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Q: Internet piracy case was denied sealed filing and published to prevent recovery. Appeal or charge US in taking property?

1 Answer | Asked in Copyright, Constitutional Law, Intellectual Property and Internet Law for California on
Answered on Apr 26, 2017

Why attempt to file the discovery motion under seal? Judges are often reticent to allow motions under seal unless the sensitive information revealed in the motion would put some entity in physical or financial danger. Courts often have specific requirements for these filings in their Local Rules. To clarify, a sealed motion is not hidden from the opposing party, it's hidden from the public, sometimes only for a specified amount of time.

It's unlikely that an attorney will be able to...
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Q: Can I publish my late father's poem in his name if I do not get paid for the publication?

1 Answer | Asked in Copyright, Family Law, Intellectual Property and Internet Law for Florida on
Answered on Apr 24, 2017

Your late father's copyright will endure for 70 years after his death, assuming he did not create the work for some other entity.

Did your late father hold any interest in his work at the time of his death? That is, did he sell the rights in his work before his death?

If he did not sell or transfer any interest in his literary works before his death, how did he dispose of those interests at his death? If he registered his works with the U.S. Copyright Office, you could look up...
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Q: If I start up a website, can I quote all other websites?......

1 Answer | Asked in Intellectual Property and Internet Law for Virginia on
Answered on Apr 23, 2017

The legal concept you are invoking is called "fair use" ad is an exception to copyright. You cannot duplicate a website or its pages but under some circumstances -- which vary depending on the amount, nature and context of use -- use a portion of their content. Attribution or linking is not a defense or sufficient by itself alone. You should seek counsel on this from someone who knows the application of copyright to website "scraping."
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Q: Is my idea for a fact compilation database protectable by patent, copyright or neither?

2 Answers | Asked in Business Law, Intellectual Property, Internet Law and Patents for Texas on
Answered on Apr 22, 2017

Copyright law used to require that the person seeking copyright for compilations must do more than compiling data. This was the "sweat of the brow" doctrine.

That has changed, however. A compilation of data can be copyrighted, but is must only contain the "facts." Even so little as taking a comment from the author of a source of data can result in copyright infringement.

THIS IS FOR EDUCATIONAL PURPOSES ONLY.
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Q: Am I able to sue someone who is harassing me on twitter?

1 Answer | Asked in Internet Law for California on
Answered on Apr 20, 2017

It depends on what you mean by harassment. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
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Q: I live in Co; my ex lives in SD. I have reason to believe he has accessed my email account w/o my consent. Criminal?

1 Answer | Asked in Criminal Law, Federal Crimes and Internet Law for Colorado on
Answered on Apr 15, 2017

Depending on the circumstances it may be criminal. If the email was sent in a threatening manner, this may also be separate criminal matter. You will need to contact your local police if you feel a crime has occurred. Also, make sure to change all your passwords to your online accounts (esp. if the passwords are the same as your current email password).
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Q: Can you sue your ISP provider if they constantly have less than advertised speeds, frequent outages, and overcharge you

1 Answer | Asked in Internet Law and Consumer Law for California on
Answered on Apr 9, 2017

You can sue for a refund if they have breached your contractual agreement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: What can I do if someone else owns a domain that I want for my business? It has the same name.

1 Answer | Asked in Internet Law for New York on
Answered on Apr 8, 2017

You can reach out to them to buy it. Cybersquatting laws might apply, depending on the facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
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Q: Can a citizen blogger writing a blog for free on a newspaper website claim censorship if that newspaper removes a post?

2 Answers | Asked in Civil Litigation, Communications Law, Intellectual Property and Internet Law for New York on
Answered on Apr 8, 2017

It seems like you are confusing your first amendment freedoms with "censorship" and a private enterprise's right to control it's content. In any case more information would be necessary as too would further research.
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Q: My daughter ex boyfriend posted two explicit pictures of her on social media without her permission. Legal action?

1 Answer | Asked in Small Claims and Internet Law for Virginia on
Answered on Apr 6, 2017

Contact the police. There is likely some criminal activity involved here, especially if your daughter is a minor.
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Q: Is giving people wrong forecast for money without a contract legal?

1 Answer | Asked in Banking, Entertainment / Sports, Gaming and Internet Law on
Answered on Mar 31, 2017

That deal is likely to be considered a wager or bet (gambling), which in most U.S. states is illegal, and illegal contracts cannot be enforced. Contracts can be formed by an exchange of messages, calls or emails, without a written agreement, if they meet the other elements of a valid contract (price, promised performance, etc.).
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