Internet Law Questions & Answers by State

Internet Law Questions & Answers

Q: What can I do if a social media company who I have a contract with so I can earn a monthly salary

1 Answer | Asked in Consumer Law and Internet Law for California on
Answered on Mar 25, 2017

Check the terms of use you signed re: hacking and liability issues. 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. 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: launching a app that's for bartenders and party host id like to know my liability

1 Answer | Asked in Employment Law, Products Liability and Internet Law for California on
Answered on Mar 22, 2017

It depends on what the app does. 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. 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 answer does not constitute...
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Q: If accepted Terms of Service say that the user's digital content might be revoked and the money withheld, is it illegal?

1 Answer | Asked in Consumer Law, Gaming and Internet Law for California on
Answered on Mar 22, 2017

It depends on the agreement in the Terms of Service re: this particular issue. If reselling is a violation of the TOS and the remedy is agreed as you note, then there may not be a problem, but it seems some evidence of the violation is required here. 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/...
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Q: My Slack team has produced content Jan-Mar 2017 and not gotten paid as usual. Bosses avoiding questions. What can we do?

2 Answers | Asked in Contracts, Copyright, Employment Law and Internet Law for New York on
Answered on Mar 20, 2017

1. Contact the New York State Department of Labor if you performed services in New York State or your employer has a presence here.

2. Serve a demand for wages due on your employer or sue for breach of contract or for services rendered in court. Federal court has unique requirements so hiring a lawyer is a good idea.

3. Find new jobs and get written contracts each time. Nothing worse than having to prove the terms of a services contract with parole evidence although you have...
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Q: Can I sue a guy in NY court who has two residences (FL and NY) over a rental fraud in FL done over the internet?

1 Answer | Asked in Consumer Law, Internet Law and Small Claims for New York on
Answered on Mar 18, 2017

You can probably sue him in New York small claims court because he has a residence in New York, and he is likely subject to the long arm jurisdiction statue in New York State.

The good thing about about shoeing in New York small claims court is that it is extraordinarily cheap, uses a standard closer to "fairness" or "equity" rather than a preponderance of the evidence, like a higher court would use and finally, the best thing is that the small claims court will serve the defendant...
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Q: I'm getting harassed on twitter by someone using a fake name

1 Answer | Asked in Internet Law for New York on
Answered on Mar 18, 2017

Why not just block the person and report them to Twitter rather than making a lawsuit out of it? 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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: I can file a restraining order or press charges on someone who been bulling and harassing me since last year

1 Answer | Asked in Internet Law for New Jersey on
Answered on Mar 14, 2017

Sounds like you would meet some of the requirements but not all for a restraining order but maybe for a criminal charge of harassment.
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Q: Screenwriting

1 Answer | Asked in Contracts, Copyright, Employment Law and Internet Law on
Answered on Mar 14, 2017

The answer to both your questions depends on how you hire the screenwriter, that is, what the employment agreement between you and him or her says.

Consult with an attorney familiar with copyright law to safely achieve what you hope to do here.
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Q: Please Help! Is this buyer able to charge me legally?

1 Answer | Asked in Copyright and Internet Law on
Answered on Mar 14, 2017

The federal criminal laws that prohibit any person from trafficking in counterfeit goods and services apply not only to the counterfeiter—the law applies with equal force to any individual or company that knowingly sells a counterfeit product. The Act makes it illegal for any person to intentionally traffic, or attempt to traffic, in goods or services and knowingly use a counterfeit trademark on or in connection (such as product labeling and packaging) with those goods or services. The term...
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Q: Which country has jurisdiction for a marketing email sent internationally?

1 Answer | Asked in Civil Litigation, Federal Crimes, International Law and Internet Law for Florida on
Answered on Mar 14, 2017

If you are doing business in the U.S., and if in the course of so doing business you violate a U.S. federal statute, presumably you can be sued in the U.S. for damages resulting from such violation. If the statute includes a fine (in addition to actual damages), the plaintiff could recover those damages as well.

You indicate that your conduct is not a violation of Indian law; in that case you probably cannot be sued in Indian courts.
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Q: Is it illegal to sell a data cd that has the web links to websites that offer free downloads of game roms and emulators

1 Answer | Asked in Internet Law and Gaming for California on
Answered on Mar 12, 2017

If all you're offering is a set of website links, I see no problem here; but you may want to use a release and waiver to try to avoid liability for any damages or legal violations. 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. I practice law in CA, NY, MA, and DC...
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Q: If a person doesn't close their email on another persons phone. Can the phone owner use emails in court?

1 Answer | Asked in Internet Law for Arizona on
Answered on Mar 7, 2017

It will depend on the circumstances of the offer, as out-of-court statements, including emails, are hearsay. But the phone owner cannot be charged with a criminal violation for viewing emails without hacking into the account.
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Q: I'm getting notices of violating copyright on something I put up online - how do I fight this?

1 Answer | Asked in Internet Law for New York on
Answered on Feb 24, 2017

What are your defenses? For example, See: http://www.unc.edu/~unclng/copyright-defenses.htm

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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: Good morning, I'm contacting you because I have a question concerning a friend of mine.

3 Answers | Asked in Criminal Law, Personal Injury, International Law and Internet Law for Indiana on
Answered on Feb 20, 2017

Probably not the smartest way to express one's self, but I don't see a crime there.
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Q: My friend joined a kik chat she believed was for recovering people from eatingdisorders and a body venting space.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Internet Law for California on
Answered on Feb 17, 2017

I see no basis for legal concerns in this question. As for privacy of users on that site, check its Terms of Use and any contact or self-identifying information the user provided to the public on the site. 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. I practice...
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Q: i purchased all the domain names that revolve about my previous employer company name except for their actual domain.

1 Answer | Asked in Internet Law for California on
Answered on Feb 16, 2017

That indeed sounds like it might be a pretty good example of it. See: https://www.law.cornell.edu/uscode/text/15/1125

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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: Is she able to press charges for international cyberbullying? What can we do to get her peace of mind back?

1 Answer | Asked in Internet Law for Minnesota on
Answered on Feb 9, 2017

There is no international law or international court that would cover this. She could talk to the local authorities in the United States or if the man is in the United States, the local police or prosecutor there.
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Q: Other lawyers have told me I need the website adress of this illegal website I'm on before they can take my case .

1 Answer | Asked in Civil Rights, Criminal Law and Internet Law for North Carolina on
Answered on Feb 8, 2017

You have not provided enough information here for anyone to be able to help you out. Try asking your question again and including your cause of action, that is, what you are claiming happened that is illegal. Also, describe what you mean by illegal website.
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Q: I am threatened and blackmailed by someone in another country. Can US police do anything about it?

1 Answer | Asked in Criminal Law, Domestic Violence, International Law and Internet Law for Massachusetts on
Answered on Feb 8, 2017

The state has jurisdiction when its citizens are harmed or threatened. The more likely reason for this response is that they do not want to get involved because he is overseas and it takes a lot of effort to get him. Does he ever travel back to the states?

Here is a chart outlining the status of "revenge porn" across the country: http://kellywarnerlaw.com/revenge-porn-laws-50-state-guide/

You may also have civil options, which may be better because your lawyer can be in...
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Q: I registered a domain name that belonged to a LLC. Can I continue the business they started using that domain name?

1 Answer | Asked in Copyright, Business Law, Intellectual Property and Internet Law for Maryland on
Answered on Feb 7, 2017

The content of websites is copyrighted as soon as it is created. If you are copying the code and content of the old website, you would face liability for copyright infringement.

Additionally, if you use any images on these sites, to which you do not own the rights to publish, you could be liable for copyright infringement.
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