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2 Answers | Asked in Internet Law and Consumer Law for Florida on
Q: What to do when a buyer claims the package they received is empty?

I recently sold an item online. I shipped it USPS priority envelope. It was delivered and the buyer is saying it was empty when received. I put the item in myself. Now they are threatening legal action against me if I don't refund them. What do I do in this situation? Can they do... View More

James L. Arrasmith
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answered on Jan 11, 2024

In this situation, it's important to approach the matter calmly and methodically. First, gather all evidence of your shipment, including any documentation or photographs you might have of the item before it was shipped. This can help establish that the item was indeed sent.

Next, check...
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1 Answer | Asked in Gaming, Internet Law and Juvenile Law for Maryland on
Q: Scamming video game items

Is it illegal for someone to pretend they have money and then get in contact with a seller for video game items but when the seller gives the items first instead of making the buyer or the scammer pay first the scammer does not pay the seller the money block them and never talks to them again.... View More

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answered on Jan 11, 2024

The situation you describe, where someone pretends to have money to buy video game items and then fails to pay after receiving the items, could be considered a form of fraud or deceit. Even though the parties involved are minors and there was no formal contract, misrepresenting one's intention... View More

1 Answer | Asked in Internet Law for Nevada on
Q: An online user is extorting and spying on their supporters. How do I address this legally in court?

GaroShadowscale does possess a group of loyalists who can and will be able to spy on any of his Patreon supporters: you can find much evidence in videos of him on YouTube, but I erge you act quick, for he and his "wigglies" are doing everything they can to ensure any and all proof of his... View More

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answered on Jan 11, 2024

If you believe that an online user is engaging in illegal activities like extortion and spying, the first step is to gather and preserve any evidence that supports these allegations. This might include screenshots, videos, or any other form of digital documentation that demonstrates the user's... View More

1 Answer | Asked in Internet Law and Contracts on
Q: I contacted a person who I was referred by another author to help me with my book promotion. It turns out that she only

Took over $550 and gave nothing in return. Do

I have a case?

James L. Arrasmith
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answered on Jan 11, 2024

Based on your description, it sounds like you may have a case for breach of contract or fraud, depending on the specifics of your agreement with the book promotion service provider. If you paid the individual with the understanding that they would perform specific promotional services for your book... View More

1 Answer | Asked in Internet Law for South Carolina on
Q: Someone sent an inappropriate picture via text to a group chat, is there any liability for recipients?
James L. Arrasmith
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answered on Jan 11, 2024

In the scenario where someone sends an inappropriate picture to a group chat, the primary legal focus is usually on the person who sent the image. Their action of sending such content could potentially expose them to liability, especially if the image is obscene or constitutes harassment.... View More

2 Answers | Asked in Entertainment / Sports, Gaming, Intellectual Property, Internet Law and Copyright for Texas on
Q: Can I create content using a known superhero's cowl and just the cowl and escape copyright infringement and the such?

Long story short I want to create youtube videos of RANDOM and just RANDOM content while using ex: Flash cowl. Just the top part of the mask not even the one that covers the whole face. I will use a different name, and although use some mannerisms, it will be obvious it is pure satire/parody. I got... View More

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answered on Jan 11, 2024

Using elements of a copyrighted superhero character, such as the Flash's cowl, in your content can be legally risky, even if you're only using part of the costume and intend it as satire or parody. Copyright law protects original works of authorship, including characters and their... View More

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2 Answers | Asked in Entertainment / Sports, Gaming and Internet Law for Virginia on
Q: Is it legal to manage small bets between individuals online using a website in VA? Would this be consider gambling?

Bets would be just between the individuals, like "I bet you $20 if you beat me in this game" And I would be the "middle man" holding the $20

and giving it to the winner later.

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answered on Jan 10, 2024

In Virginia, as in many jurisdictions, the legality of managing small bets between individuals online depends on the specific circumstances and the nature of the bets. Generally, if the bets are private and do not involve a broader public or commercial gambling operation, they may fall under social... View More

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2 Answers | Asked in Entertainment / Sports, Gaming and Internet Law for Virginia on
Q: Is it legal to manage small bets between individuals online using a website in VA? Would this be consider gambling?

Bets would be just between the individuals, like "I bet you $20 if you beat me in this game" And I would be the "middle man" holding the $20

and giving it to the winner later.

James L. Arrasmith
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answered on Jan 11, 2024

Managing small bets between individuals online in Virginia, or in any state, can indeed be considered gambling. The key factor in defining gambling is the element of chance or skill in determining the outcome, along with a wager or bet. Even if the bets are between individuals and you're... View More

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1 Answer | Asked in Copyright, Intellectual Property and Internet Law for California on
Q: Etsy seller who copied me and was reported, filed a counterclaim stating their work is original. It is not.

I am an Etsy seller and found a listing that directly copied one that I make- this listing uses illustration that I created myself. I reported it to Etsy for copyright infringement and it was taken down the next day.

The seller then proceeds to contact me via my shop, and harass me for... View More

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answered on Jan 3, 2024

To address this situation, where your original artwork has been copied, and the other party has filed a counterclaim, legal action may be necessary. When a counterclaim is filed, it challenges your initial copyright infringement claim, and Etsy's policy typically requires you to take legal... View More

1 Answer | Asked in Consumer Law and Internet Law for California on
Q: Is it legal for app developers to ban a user on the basis of a rule that isn’t written anywhere in the terms of use?

A friend of mine got banned from this newly launched app for seemingly no reason. When he emailed the devs they told him that only one account per person is allowed - somehow they detected the extra account made on his other phone. Nowhere in the terms of use was it mentioned that only one account... View More

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answered on Jan 2, 2024

In the United States, app developers generally have broad discretion to manage their platforms and user accounts, including the right to ban users. However, their actions should be consistent with their own terms of use or service agreements. If the terms do not explicitly prohibit having more than... View More

1 Answer | Asked in Business Law, Intellectual Property, Internet Law and Trademark for Texas on
Q: If I write product review articles online under the persona of a fictional character, how would I disclose that?

I am starting an affiliate marketing website to write product review, comparison, advice-type articles but creating a character which I want to credit the articles to instead of using my own name and likeness. I am trying to find out how to do this without misleading my readers but I don’t want... View More

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answered on Jan 1, 2024

When creating content under a fictional persona for your affiliate marketing website, it's important to maintain transparency without overwhelming your readers with disclaimers. This balance is key to establishing trust while respecting your creative approach.

A subtle yet clear way to...
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2 Answers | Asked in Contracts, Copyright, Employment Law, Internet Law and Intellectual Property on
Q: i have a youtube channel about a very spacific subject and i cooperate with my boyfriend. His part is to edit the video

i have a youtube channel about a very spacific subject and i cooperate with my boyfriend. His parrt is to edit the videos and bring creative ideas to the table. But i am the face of the channel and i have all the knowlege on the subject plus my face and name are the only ones out there. Can he... View More

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answered on Dec 30, 2023

In situations where one person is the visible face and primary content creator of a YouTube channel, and another person contributes by editing videos and offering creative ideas, the question of ownership can become complex.

Your boyfriend's role as an editor and a contributor of...
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2 Answers | Asked in Contracts, Copyright, Employment Law, Internet Law and Intellectual Property on
Q: i have a youtube channel about a very spacific subject and i cooperate with my boyfriend. His part is to edit the video

i have a youtube channel about a very spacific subject and i cooperate with my boyfriend. His parrt is to edit the videos and bring creative ideas to the table. But i am the face of the channel and i have all the knowlege on the subject plus my face and name are the only ones out there. Can he... View More

T. Augustus Claus
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answered on Dec 29, 2023

Generally, the ownership and rights to a YouTube channel depend on the agreement between the parties involved. If there is a clear and written agreement specifying the roles and responsibilities of each person, as well as the ownership structure, it will be a crucial document. If no such agreement... View More

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1 Answer | Asked in Civil Rights and Internet Law for Kansas on
Q: Can I get in trouble if I received a “ personal photo” even tho I’ve been in a fully committed relationship for 2 years

I’m 18 years of age and my girlfriend is 17 years of age, of consent in my state is 16 years old and we have been enough fully committed relationship for two years and been having some tension between parents When her dad stumbled upon a photo she had sent me sometime back and is now threatening... View More

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answered on Dec 29, 2023

In Kansas, the age of consent is indeed 16, which generally pertains to the legality of sexual activities. However, it's important to understand that laws regarding the possession and distribution of explicit photos are different and can be more complex, especially when minors are involved.... View More

2 Answers | Asked in Criminal Law, Federal Crimes and Internet Law for Michigan on
Q: Is there away to get information regarding my husband case removed from the internet source like this one and mlive?
Brent T. Geers
Brent T. Geers
answered on Dec 27, 2023

No. The Internet has a long memory. And unfortunately it isn't always accurate. Even when people are acquitted after a trial - usually months or years after news breaks of their arrest - those initial reports remain.

Further, news sources have a right to publish public information, and...
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2 Answers | Asked in Criminal Law, Federal Crimes and Internet Law for Michigan on
Q: Is there away to get information regarding my husband case removed from the internet source like this one and mlive?
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answered on Jan 13, 2024

Removing information about your husband's case from the internet can be challenging, but there are steps you can take to address the issue.

First, you may want to contact the website owners or administrators directly and request the removal of the specific content. Be polite and...
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1 Answer | Asked in Internet Law, Copyright, Business Formation and Intellectual Property for Maryland on
Q: Can I use free Canva elements/graphics on logos, pdfs, blog posts, social media accounts, and other course materials?

The Canva terms of service are a bit confusing. My understanding is that if I have the free Canva plan and use only free Canva elements, I can essentially use the pictures/designs for anything I want besides selling them directly (in the context of trying to compete with Canva). I am starting an... View More

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answered on Dec 26, 2023

Your understanding of Canva's terms of service is largely on track, but there are nuances to consider. With a free Canva plan, you can use the free elements in your projects, including logos, PDFs, blog posts, social media, and course materials. This is generally acceptable as long as... View More

1 Answer | Asked in Tax Law, Internet Law and Health Care Law for Nevada on
Q: Can you advise on what the tax implications might be when providing telehealth across state lines?

I'm a psychologist, in private practice, licensed in CA and Nevada, practice is in NV, want to provide telehealth in CA. Would income earned from a CA resident or a CA company (insurance) result in my paying taxes? If yes, would CA tax me on my entire NV earnings since CA des not have state... View More

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answered on Dec 25, 2023

When providing telehealth services across state lines, like from Nevada to California, you may face unique tax implications. If you earn income from California residents or companies, California may require you to pay taxes on that income. This is because states generally tax income earned within... View More

1 Answer | Asked in Business Law and Internet Law for California on
Q: I had a Newegg Marketplace seller account . I was in the top 3 best sellers (98% feedback) out of the top 200 sellers

The suspended my account on Sept 9th 2023, They gave no reason and they have been holding my money ever since.

There were like 5 orders out approximately 2850 orders that had issues (client didn't receive , etc ) We already settled all issues about 2 weeks ago . All of the other... View More

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answered on Dec 25, 2023

The duration for which Newegg or any marketplace can legally hold your funds depends on the terms of the agreement you entered into with them as a seller. These terms typically outline the conditions under which they can withhold payments, including resolving disputes or investigating potential... View More

Q: How can the police stop cyber/normal bullying, computer/communications interference if the plaintiff cannot identify who

I am being stalked in every aspect of my life but could not possibly identify any one

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answered on Dec 25, 2023

Addressing cyber or normal bullying, and computer or communications interference can be challenging, especially when the identity of the perpetrator is unknown. However, police and other law enforcement agencies have tools and methods to investigate such cases. They can employ cyber forensics to... View More

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