New York Internet Law Questions & Answers

Q: Do I have a case if so what do I do

1 Answer | Asked in Consumer Law and Internet Law for New York on
Answered on Feb 3, 2019
Jonathan David Warner's answer
So, you want to sue over a Facebook game...?

Read over the agreement you signed when you gave them money. This is likely where the trail will end, as you'll quickly discover that they probably have the right to do what they did.

Also, how much did you pay them? If we're talking about a few hundred dollars or less, it will cost significantly more to sue the company - if you have a case - than what you'd pay for an attorney.

Your best bet is to minimize longterm service...

Q: I am a US resident. I have a prior DUI from 1995. Guilty and convicted. Can I enter Canada today?

1 Answer | Asked in Immigration Law and Internet Law for New York on
Answered on Jan 4, 2019
Allen C. Ladd's answer
This is a Canadian immigration law question. Check with your Buffalo-area US immigration attorneys for a referral.

Q: Can I sue my child's school for failing to secure his personal data?

1 Answer | Asked in Internet Law for New York on
Answered on Sep 15, 2018
Timur Akpinar's answer
I do not practice in this area. But I noticed that no one picked up your question for almost a month. Please keep in mind that if the matter involves a public school, the City of New York, or city agency, notice of claim issues could be involved, which can be in the order of days. Consulting an attorney without delay would at the very least enable you to learn the applicable notice of claim requirements and statutes of limitations within which you would need to act to preserve your legal rights...

Q: Trademark issue from previous owner?

1 Answer | Asked in Intellectual Property, Trademark and Internet Law for New York on
Answered on Aug 7, 2018
Benton R Patterson III's answer
Do you have a written agreement that shows he agreed to assign the trademark to you? If so, enforcing the agreement may be the easiest option.

Q: Is it illegal to suggest someone should be raped or that they are "asking to be raped" online?

1 Answer | Asked in Criminal Law, Internet Law and Sexual Harassment for New York on
Answered on Jun 20, 2018
Aubrey Claudius Galloway's answer
That’s a general question and it depends largely on the individual circumstances, but here is my shot; it is likely not illegal nor a civil tort to generally “suggest “X” should be raped”.

The second statement has a better chance being viable in civil court, under the theory of slander. Spreading the rumor the woman was “asking to be raped” online, assuming it is not true, is defamation and a winning law suit could result.

Q: My daughter is 15 and a 19 year old is threatening her in school and social media. Can I press charges for harassment?

1 Answer | Asked in Criminal Law, Education Law and Internet Law for New York on
Answered on May 8, 2018
Andrew S. Tabashneck's answer
In New York, there are a number of harassment laws. Generally such laws prohibit a wide array of activities intended to harass, annoy, threaten, or alarm people.

If this 19 year old is threatening and engaging in behavior that would cause a reasonable person to feel annoyed, then at the very least, one of the less serious charges of harassment would apply. It is difficult to determine which level of harassment applies to this situation because of the lack of facts. For instance,...

Q: I was in a long-distance relationship with a guy from Florida who threatened to leak my nudes

1 Answer | Asked in Internet Law, Sexual Harassment and Communications Law for New York on
Answered on Apr 5, 2018
Michael Diederich Jr.'s answer
My recommendation: hire a Florida attorney to discuss the issue, and write your former boyfriend a letter. If he is trying to obtain something from you under threat of releasing the photos, the local district attorney may also be interested and perhaps able to help.

Q: A friend directed me to a web site that was using a photo of my 9 year old daughter. No permission or consent was given

1 Answer | Asked in Personal Injury, Internet Law, Landlord - Tenant and Libel & Slander for New York on
Answered on Aug 24, 2017
Peter N. Munsing's answer
Certainly sounds like a "false light" case. You should contact a member of the NY State Trial Lawyers Assn who handles libel and similar cases--they give free consultations.

Q: Can something be filed to keep info from being public on internet?

1 Answer | Asked in Internet Law for New York on
Answered on Aug 13, 2017
Ali Shahrestani, Esq.'s answer
It depends on what kind of information you're talking about. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. 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: is public access tv considered public domain?

1 Answer | Asked in Business Law, Entertainment / Sports, Intellectual Property and Internet Law for New York on
Answered on Aug 7, 2017
Barry Eran Janay's answer
Probably not, contact the shows producers and ask for permission / a license.

Q: What do I sue a person who I bought a bunch of bunch of defective stuff online from but they don't live in New York?

1 Answer | Asked in Internet Law for New York on
Answered on Jul 8, 2017
Ali Shahrestani, Esq.'s answer
If it's a small value, you can sue in small claims court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. 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: I purchased something from a third party seller off of Amazon, but amazon shipped it

1 Answer | Asked in Internet Law for New York on
Answered on Jun 2, 2017
Ali Shahrestani, Esq.'s answer
Depends on the problem: if shipping issues, then Amazon; if product issues, then seller. 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...

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
Ali Shahrestani, 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....

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
Ali Shahrestani, 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...

Q: What can I do if someone else owns a domain that I want for my business? It has the same name.

1 Answer | Asked in Internet Law for New York on
Answered on Apr 8, 2017
Ali Shahrestani, 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,...

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
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.

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
V. Jonas Urba's answer
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...

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
Aubrey Claudius Galloway's answer
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...

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
Ali Shahrestani, Esq.'s answer
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 &...

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
Ali Shahrestani, Esq.'s answer
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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