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Internet Law Questions & Answers
1 Answer | Asked in Internet Law and Identity Theft for California on
Q: Someone accusing me harassing them by sending text messages but i did not do it. Please advise.

They are using my cell phone number.

Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

You need to find an expert in Cell Phone Technology like the guys on Catfish, who can show that someone cloned your phone and is sending messages pretending to be you from the clone. People masquerade as others all the time. It has been an email problem for about 15 years.

Justia...
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1 Answer | Asked in Copyright and Internet Law for Pennsylvania on
Q: Do I need a website's permission to use them as an example/demo in a teaching video?
Timothy John Billick
Timothy John Billick answered on Sep 23, 2020

Generally speaking, using copyrighted content for educational purposes is squarely within the "fair use" doctrine of copyright law. Without knowing a bit more about your situation, it's difficult to answer this fully, but your risk of infringement here is very low.

1 Answer | Asked in Intellectual Property and Internet Law for Michigan on
Q: Can I sue my web designer?

I hired a web developer to design three websites. He bought my domain names and hosted the sites on his server for a year. Before they were set to expire, he contacted me to inquire about renewing hosting. I decided instead I would like to change hosting. The web developer then cut off my websites... Read more »

Timothy John Billick
Timothy John Billick answered on Sep 23, 2020

Before giving you a definite answer, I would need to see the contract between you two. But generally speaking, this arrangement is a work-for-hire, and whatever he developed should belong to you. So you will likely have a claim for damages against him.

1 Answer | Asked in Internet Law for Virginia on
Q: Is is illegal to start a website that is created to allow users to publicly shame people based on certain situations?

This is strictly a conceptual idea and I have no intention of moving forward with this idea unless I understand the legalities.

Tim Akpinar
Tim Akpinar answered on Sep 21, 2020

A Virginia attorney could advise best, but your post remains open for two weeks. Until you are able to consult with a Virginia attorney, something more likely than any penal code violation would probably be civil liability for defamation. If the users post content that is harmful to someone's... Read more »

1 Answer | Asked in Consumer Law, Communications Law, International Law and Internet Law for California on
Q: Is someone allowed to be recorded without consent in a Discord Server (an internet chat forum) Under CA penal Code 632?

Discord is an online chat space for people who are playing video games. It is privately owned, and has it's own terms of service. Discord itself has a rule about following California's law. However, there is an argument that the chat service is a public space seeing as anyone on the... Read more »

William John Light
William John Light answered on Sep 11, 2020

Section 632 applies to recording of "confidential communications" which are carried on by means of a telegraph, telephone or other device, which seems to cover everything. However, 632.5 through 632.7 were added in 1968 to include cellular radio telephones and cordless telephones. If... Read more »

1 Answer | Asked in Internet Law and Trademark for Connecticut on
Q: I am dealing with Design Dok in CA and they claim 100% money back guaranteed and they won’t give me my money back

I also filed a trademark with them and I don’t believe they ever filed for one and just took my money.

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Aug 22, 2020

It sounds like you might have a contract breach, but their fine print probably says that you have to arbitrate the dispute in California and that damages are limited to the price paid to them. You may have to consult with a California attorney to review your specific details in this regard.... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Internet Law for Texas on
Q: Is it illegal to photoshop a KKK hood onto someone?
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 21, 2020

If you mean "illegal" as in a criminal offense then no, it isn't a crime unless the photo was already illegal for some other reason like child pornography.

My firm focuses on Criminal Law where the government prosecutes crimes. There is an entirely separate part of the legal...
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1 Answer | Asked in Communications Law and Internet Law for Georgia on
Q: Is it legal to podcast about a doctor who is practicing outside the standards of care? He has 6 or more active lawsuits.

The medical board is ignoring many complaints about him and he has lost privileges at more than one hospital.

He is an OB and many women and babies have died unnecessarily under his care.

We are considering doing a “Dr. Death” style podcast about him to end his career of... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 21, 2020

A Georgia attorney could answer your question best, but your post remains open for two weeks. Even if your intentions are noble in trying to protect the wellbeing of women and babies as prospective patients, the fact remains that there is a possibility you could be sued for defamation. No one could... Read more »

1 Answer | Asked in Federal Crimes, Insurance Bad Faith, Insurance Defense and Internet Law for Georgia on
Q: My estranged husband has my UI going in his account, I changed pin and password and he changed again. What do I do
Robbie Levin
Robbie Levin answered on Aug 13, 2020

Divorce him.

For more information visit my website at www.LevinLawyerGa.com

2 Answers | Asked in Criminal Law, Elder Law and Internet Law for Illinois on
Q: Victim of bad theft case from my brother n his wife/lied 2 detective he believed her 2) No questions to my brother

They have sold on ebay auctions etc large sports memorabilia collection other collectibles etc both are on social security disability barely was getting by every month paid 1 house off bought another 1 n paid a lawyer $20,000 to fight me on my own property i reported them to office of the IG

George W. Svoboda
George W. Svoboda answered on Aug 12, 2020

Did they steal the collectibles from you? Did they use that money to buy the new house? If the police won't pursue the theft, you can't force them. You can sue them for the cost of your stuff. Do they have enough equity in the house to go after? However, they could then file bankruptcy... Read more »

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2 Answers | Asked in Consumer Law and Internet Law for California on
Q: What are my rights if I ordered an item from an online retailer and received a more expensive item instead?

They discovered their error, asked for it back, and are now invoicing me for the difference.

It appears to fall under the "unordered merchandise" clause on the FTC website but want to clarify as technically I did order a different item and was sent something more expensive in... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Aug 5, 2020

One need not be an attorney to know the answer to this.

You ordered an item and you are entitled to that order and they are entitled to payment.

They sent you the wrong order. you either pay for it and keep it or you send it back and get a refund.

You are not entitled to...
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1 Answer | Asked in Copyright, Intellectual Property and Internet Law for New York on
Q: Is it legal to screenshot a Getty Images image I have embedded into my website from that website and then post it?

Getty Images has an embed feature where one can embed a photo into their website for free. If I make a private Google Site, embed a photo, and then screenshot that photo (from the Google Site), is it OK to include it in a non-commercial post on Instagram, or do I have to obtain a license for the... Read more »

James D. Williams
James D. Williams answered on Aug 4, 2020

Getty Images is not someone to mess around with. They are incredibly active in copyright infringement suits.

If they give you an embed feature, then they absolutely have terms and conditions on how the license works for that. I can practically guarantee, though will not without actually...
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1 Answer | Asked in Consumer Law, Contracts, Intellectual Property and Internet Law for California on
Q: I'm curious if I have any legal options to reclaim my deleted podcast from Spotify/Anchor or hold them accountable?

The company deleted my show with no explanation and I no longer have access to the platform to recover my content and redirect my show. I'm wondering what can be done here?

Joshua D. Brysk
Joshua D. Brysk answered on Aug 4, 2020

The first step is to determine the reason for the deletions. There is a factual question to answer. Did they identify a breach of the terms of use? Are they correct? Was it simply an accidental deletion? Is the content recoverable by them, or is it simply lost? Contact their customer service and... Read more »

1 Answer | Asked in Copyright, Internet Law and Trademark for Georgia on
Q: I found a sticker for sale online. Is it against copyright laws to use the design on my own product that I'll sell?

The seller sells a bunch of stickers online. There is one particular sticker design I love that I want to print on a face mask with my own quote along with it. The sticker doesn't have the (C) on it and her website doesn't have any info about copyrights or trademark. Will I get in trouble... Read more »

Tania Maria Williams
Tania Maria Williams answered on Jul 23, 2020

The artwork in the sticker belongs to the artist even if it doesn't have the copyright symbol on the sticker. The better plan of action is to reach out to the seller and see if they own the rights to the artwork or know who does. Feel free to call or email me if I can be of further assistance.

1 Answer | Asked in Internet Law on
Q: Is this anonymous?
Tim Akpinar
Tim Akpinar answered on Jul 19, 2020

No, it is not. It is a public forum. If you have a general legal question, feel free to post it. There is no need to include personal information in your post, and it is advisable that you DO NOT include personal information. But if you have a sensitive and confidential matter that you would not... Read more »

1 Answer | Asked in Business Law, Communications Law and Internet Law for New York on
Q: Can I post a video from a national morning show on my company social media channels?
Tim Akpinar
Tim Akpinar answered on Jul 6, 2020

You're asking about media in which the owner can assert certain intellectual property rights. This does involve all the categories you correctly listed, but if you reposted in the Copyright Law category, the attorneys there could probably offer the most meaningful insight. Good luck

Tim Akpinar

1 Answer | Asked in Internet Law and Juvenile Law for Pennsylvania on
Q: Is it illegal to send pictures of penis while underage to someone also underage and they saved them w/out my permission?

The receiver saved the pictures without consent and then sent them to other people without my consent. Is the sender more at fault or the receiver?

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

No one needs your permission to save the photos you send to them, what would make you think that they do? No one needs your permission to remember what you say to them, or to repeat it to someone else. What you put out on the internet or over texting on the phone is the same thing, and IT LASTS... Read more »

1 Answer | Asked in Internet Law, Lemon Law and Small Claims for Michigan on
Q: Hi, I just purchased a car from a private seller, they assured me there was no issues and I could bring it back.

I purchased a car from a private seller. He assured me there were no issues other than cosmetics, after driving it home I immediately informed him that the car ran rough, on the highway. He told me that if I found any issues, we could trade back the next day. I told him this is what I wanted. He... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 5, 2020

A Michigan attorney could advise best, but your post remains open for two weeks. As a general matter, it could be a difficult situation - one party's word against another's, as the communications/agreements appear to have been verbal. One option could be to review the terms and conditions... Read more »

1 Answer | Asked in Criminal Law and Internet Law for Maryland on
Q: Hi I got a question what is display obscene mat to minor means cjis is 1-0635 and statue code 11-203 b1 or d1

Do I have to register as a sex offender ?

Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Jul 3, 2020

It means displaying obscene materials (like pornographic magazines) where minors could have access. The penalties are criminal - one year and up to a $1000 fine. It does not require registration from my initial review of the statute. But it is nevertheless a serious criminal charge.

2 Answers | Asked in Business Formation, Business Law and Internet Law for Massachusetts on
Q: Should I include any sort of legal text/disclaimer on my clothing store website?

I'm starting my first online clothing store. Should I include any sort of legal text on my website? My brand is not trademarked yet, I live in the US, and I'll be shipping to ePacket countries. Thank you!

William Scott Goldman
William Scott Goldman answered on Jun 30, 2020

Trademark protection is always recommended, including searching for any potentially-confusing marks. Otherwise, terms of use, privacy policy and such should all be considered for an e-commerce site. Please call or email if you need assistance with any of the above.

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