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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?
Peter Munsing's answer
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.
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.
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
Answered on May 20, 2017
Robert Donald Gifford II's answer
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.
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.
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
Answered on May 18, 2017
Will Blackton's answer
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...
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...
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.
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
Q: i read an article where a random guy bought kanyewestforpresident.com and got offers up to 80k for it. Is this legal?
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
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
Answered on May 3, 2017
Ali Ebrahimzadeh, Esq.'s answer
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....
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....
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
Answered on Apr 30, 2017
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
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
Answered on Apr 29, 2017
H. Scott Aalsberg Esq.'s answer
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.
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.
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
Answered on Apr 28, 2017
Ray Choudhry's answer
Harassing emails may entitle you to an order of protection.
The settings on Facebook may allow you to block a specific person.
Harassing emails may entitle you to an order of protection.
The settings on Facebook may allow you to block a specific person.
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
Answered on Apr 26, 2017
Will Blackton's answer
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...
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...
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
Answered on Apr 24, 2017
Will Blackton's answer
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...
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...
Q: If I start up a website, can I quote all other websites?......
Glenn B. Manishin's answer
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."
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."
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
Answered on Apr 22, 2017
Dr. Jamie Cuticchia's answer
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.
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.
Q: Am I able to sue someone who is harassing me on twitter?
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
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
Answered on Apr 15, 2017
Tristan Kenyon Schultz's answer
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).
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).
Q: Can you sue your ISP provider if they constantly have less than advertised speeds, frequent outages, and overcharge you
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
Q: What can I do if someone else owns a domain that I want for my business? It has the same name.
Ali Ebrahimzadeh, Esq.'s answer
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,...
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,...
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
Answered on Apr 8, 2017
Barry Eran Janay's answer
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.
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.
Q: My daughter ex boyfriend posted two explicit pictures of her on social media without her permission. Legal action?
Gary D. Godman's answer
Contact the police. There is likely some criminal activity involved here, especially if your daughter is a minor.
Contact the police. There is likely some criminal activity involved here, especially if your daughter is a minor.
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
Answered on Mar 31, 2017
Glenn B. Manishin's answer
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.).
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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