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New York Internet Law Questions & Answers
1 Answer | Asked in Personal Injury, Business Law and Internet Law for New York on
Q: Is it legal to inform a business that one of its employees did something inconsiderate outside the nature of business?

A person made a non-recorded inflammatory comment to my now deceased mother, along the lines of telling her to shut up without saying those exact words. My mother was dying at the time. When she refused communicating with her, this same person sent a handwritten note scolding and berating my... View More

Stephen Bilkis
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answered on Nov 29, 2024

I'm sorry to hear about the difficult situation you've been facing, especially during such a challenging time after your mother's passing. I hope the following information provides some clarity and guidance.

Please note that this is general information based on the details...
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3 Answers | Asked in Personal Injury, Internet Law and Libel & Slander for New York on
Q: Can I sue for Intentional Infliction of Emotional Distress or Negligent Infliction of Emotional Distress

My parent died of cancer years ago but the latest damaging action by the offending party happened this calendar year. Prior to death, person spoke to her she could not express opinion without she asked her to. Then mailed a dismissive handwritten card when they stayed away. At the funeral, this... View More

Mark A. Siesel
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answered on Nov 26, 2024

To begin with, you mentioned that the incident happened years ago. Generally speaking, with some exceptions, personal injury actions (not medical malpractice) commenced against a non-municipal defendant have a three year statute of limitations. Additionally, based upon the fact pattern you... View More

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3 Answers | Asked in Personal Injury, Internet Law and Libel & Slander for New York on
Q: Can I sue for Intentional Infliction of Emotional Distress or Negligent Infliction of Emotional Distress

My parent died of cancer years ago but the latest damaging action by the offending party happened this calendar year. Prior to death, person spoke to her she could not express opinion without she asked her to. Then mailed a dismissive handwritten card when they stayed away. At the funeral, this... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 26, 2024

Sorry to hear what you're going through. Generally speaking, to bring an action for negligent or intentional infliction of emotional distress, you need to demonstrate conduct that is "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency and... View More

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3 Answers | Asked in Personal Injury, Internet Law and Libel & Slander for New York on
Q: Can I sue for Intentional Infliction of Emotional Distress or Negligent Infliction of Emotional Distress

My parent died of cancer years ago but the latest damaging action by the offending party happened this calendar year. Prior to death, person spoke to her she could not express opinion without she asked her to. Then mailed a dismissive handwritten card when they stayed away. At the funeral, this... View More

Stephen Bilkis
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answered on Nov 29, 2024

I'm sorry to hear about the distressing experiences you've been facing, especially during such a difficult time after the loss of your parent. I hope the following information provides some clarity and guidance on your situation.

Please note that this is general information based...
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2 Answers | Asked in Entertainment / Sports, Gaming and Internet Law for New York on
Q: I want to create a website that hosts fantasy football contests for money. Is this legal?

I want to host survivor pools (contestants pick a winner of an NFL game each week) and season long contests (contestants will create a lineup each week picking from a pool of NFL players, accumulating a score correlating to how the NFL player performs that week). Is this legal? Are these... View More

James L. Arrasmith
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answered on Apr 6, 2024

The legality of hosting fantasy football contests for money depends on the specific laws of the jurisdiction where you plan to operate the website. In the United States, the Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006 includes a carve-out for certain fantasy sports contests, deeming... View More

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2 Answers | Asked in Entertainment / Sports, Gaming and Internet Law for New York on
Q: I want to create a website that hosts fantasy football contests for money. Is this legal?

I want to host survivor pools (contestants pick a winner of an NFL game each week) and season long contests (contestants will create a lineup each week picking from a pool of NFL players, accumulating a score correlating to how the NFL player performs that week). Is this legal? Are these... View More

Eddie Burnett
Eddie Burnett
answered on Apr 3, 2024

Many states have laws specifically addressing gambling. Some have exceptions for "games of skill," but the definitions and interpretations vary. In most states, to avoid gambling issues, there have to be no entry fees and prizes must be predetermined and not based on entry fee totals.

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2 Answers | Asked in Copyright, Entertainment / Sports, Intellectual Property and Internet Law for New York on
Q: Can someone copyright strike your picture if you took it and it's of you but the background is inside their house?

I have some nonmonetary videos on YouTube and they're like slideshows of pictures of me. In some of them I'm at my boyfriend's parents old house. I took the pictures and they're just of me no one else but the background is inside one of the rooms of his parents old house. In the... View More

James L. Arrasmith
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answered on Mar 30, 2024

Based on the information provided, it is unlikely that your ex-boyfriend or his parents would have a valid basis for a copyright claim on your videos. Here's why:

1. Copyright protects original works of authorship, such as photographs, videos, and other creative content. In this case,...
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1 Answer | Asked in Criminal Law, Federal Crimes, Internet Law and Sexual Harassment for New York on
Q: Could a person be charged if they DM someone an onlyfans link on instagram/facebook without knowing if they are a minor?

Onlyfans makes every user that signs up agree that they are 18 or older before they are able to view/buy any explicit content, but only asks content creators for an ID. If a person DMs an onlyfans link to their followers, could they be charged if the recipient happens to be a minor?

James L. Arrasmith
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answered on Jan 21, 2024

In situations where a person sends an OnlyFans link to someone on Instagram or Facebook without knowing the recipient's age, potential legal issues could arise. While OnlyFans requires users to confirm that they are 18 or older, it is not foolproof, and minors could potentially create accounts... View More

1 Answer | Asked in Federal Crimes, Sexual Harassment and Internet Law for New York on
Q: If a person DMs someone an onlyfans link, does that count as disseminating indecent material? (NY Penal Law 235.22)
James L. Arrasmith
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answered on Jan 21, 2024

Sending a link to an OnlyFans page, in and of itself, typically does not constitute the dissemination of indecent material under New York Penal Law 235.22. The law generally focuses on the actual dissemination or sharing of explicit or obscene content. OnlyFans is a platform where users share adult... View More

1 Answer | Asked in Internet Law for New York on
Q: What legal framework protects local marketplaces from liability when users engage in harmful behavior after connecting?

I am looking to develop a local marketplace and want to understand the legal protections we'd be covered for. Platforms like OfferUp include disclaimers in their terms of service (Section 17) stating that users are responsible for interactions, but l'd like to know what specific legal... View More

James L. Arrasmith
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answered on Oct 11, 2024

When developing your local marketplace, it's important to understand that Section 230 of the Communications Decency Act is a key legal protection. This law generally shields platforms from being held liable for user-generated content, meaning that if a user engages in harmful or illegal... View More

1 Answer | Asked in Business Law, Civil Litigation and Internet Law for New York on
Q: What remedy do I have if a person left a bad review on the BBB website, for my business, but I have never met her?

I am located on Long Island, NY.

This person left a bad review and I have never met or interacted with this person to the best of my knowledge. I requested additional details regarding what the person looked like or the service vehicle (my service vehicle is very distinct) they were... View More

James L. Arrasmith
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answered on Nov 4, 2023

In situations like this, your first step should be to reach out to the Better Business Bureau (BBB) and file a dispute against the review. Explain your situation, provide any evidence you have that the review is fraudulent or mistaken, such as your schedule for the day in question, and ask for the... View More

1 Answer | Asked in Consumer Law and Internet Law for New York on
Q: How can I get my money back for car parts listed on facebook marketplace, paid for with cash app? Parts never arrived.

I sent $3500 to a seller on facebook markert place and paid with cash app. The seller canceled the shipment and has stopped responding. I would like to take legal action to get my money back and have legal fees paid for by them. I am located in New York, they are in Arkansa. I have reported them to... View More

James L. Arrasmith
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answered on Nov 4, 2023

If you've been scammed on Facebook Marketplace, there are several steps you can take to attempt to recover your money. First, report the fraud to Cash App, as they may have a process for disputing transactions. Additionally, contact your local police department to file a report; they can... View More

2 Answers | Asked in Internet Law and Libel & Slander for New York on
Q: Can I post someone’s full name & DOB on social media? The person raped me in my sleep
Jack Mevorach
Jack Mevorach
answered on Sep 23, 2023

What exactly do you propose to post on social media? Just name and DOB? Or rape allegation also?

Jack

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1 Answer | Asked in Civil Rights and Internet Law for New York on
Q: I have been getting threatened online by the same person that keeps making fake accounts.

If possible, could I do anything about it? This person is my EX friend’s boyfriend, and he says he wants to kill me, he is going to stomp me into the ground, he says he put my address online, and he said he has people looking for me. And I’m going to get what’s coming to me soon.

Marco Caviglia
Marco Caviglia
answered on Sep 4, 2023

Such a threat to kill may be Aggravated Harassment under NYS law as electronic means are being used. Contact the police and have screen shots ready for them.

Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.

The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More

James L. Arrasmith
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answered on Aug 15, 2023

While I understand your concerns, changes made to digital products like art books or video games fall under the discretion of the creators and developers. If these changes are made by the current team or company, and they own the rights to the product, they generally have the authority to modify... View More

1 Answer | Asked in Consumer Law, Business Law and Internet Law for New York on
Q: The web host I've been with for more than 20 years just disabled my account because of a dispute with Discover Card.

I put in a dispute about a $100 unexplained fee with Discover, so they deactivated my account without notice. I now have no email on those accounts. Is it legal to do this without notice? I sent in many trouble tickets asking them what the fee was for but never got a solid answer. This is affecting... View More

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2023

There are attorneys who specialize in IT matters, but your question remains open for a week. Until you're able to consult with one, from the standpoint of contract law, it could depend on your hosting agreement. It's possible the payment dispute was treated as a breach of the agreement,... View More

1 Answer | Asked in Consumer Law, Communications Law and Internet Law for New York on
Q: What are my legal options a company I engaged with to answer an online tax question has exposed my PII?

My Social Security Number, Home Address, Income and work Status are now being displayed on the internet publicly due to a company I engaged with. This information is findable via Google and Search Engines now. The company was providing a legitimate question and answer tax service and operates the... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 18, 2023

You may be able to bring a federal data breach law suit, or sue the company under the terms of service (or file arbitration against them). This may help put more pressure on them to honor their contract and federal and state law. Contact a consumer protection attorney to evaluate your case.

2 Answers | Asked in Intellectual Property, Internet Law and Trademark for New York on
Q: I have a question regarding cybersquatting/domain name sales

Hi We have a bundle of domains that are similar to a large corporation/org although the domain names are not trademarked (but are similar/in the same "family" to those that are) They had inquired about purchasing them -they do not like the price and are now suggesting its cybersquatting... View More

Steve Charles Vondran
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answered on Feb 6, 2023

The legality of selling domain names that are the trademarks of other companies is a complex issue and one that has been the subject of much legal debate. In order to understand the law on this matter, it is necessary to look at both trademark law and domain name law.

Trademark law...
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1 Answer | Asked in Business Law, International Law and Internet Law for New York on
Q: Hello.

I want to create a VOD website for movies. The idea is that it will work as a fundraising site for artists, so That the projects will be presented to customers who will then donate to finance the production of the movie, once it is produced they will receive a copy of the film, to stream in our... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 30, 2022

It sounds like a crowdfunding campaign for a creative project in development, where the entrepreneur takes back orders before actually having the inventory to fill the orders. Check out kickstarter as a possible starting point. Many creative entrepreneurs have used it to successfully launch their... View More

1 Answer | Asked in Banking, Business Law and Internet Law for New York on
Q: Stripe hold my money for 18 months already on my social media agency account and I need help releasing the money

About 5000$ in hold

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

I would need to review with you the documents on your account dashboard for the reason for the hold. Depending on what my investigation uncovers we may issue a legal demand letter to the Stripe legal department.

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