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New York Internet Law Questions & Answers
1 Answer | Asked in Internet Law for New York on
Q: Is it possible to file a lawsuit against a company for sending an inappropriate email even if they were hacked?

A racial slur was used.

Tim Akpinar
Tim Akpinar
answered on Sep 12, 2022

It could depend on the total circumstances and the severity. If you're looking at it in terms of an intentional tort type of setting, the hacking would be raised as an issue. More information is needed, but keep in mind that these types of cases might not be handled on a contingency basis.... View More

2 Answers | Asked in Business Formation, Business Law, Internet Law, Copyright and Trademark for New York on
Q: I have a DBA in NYC (advertising, marketing agency), and want to sell one of our services from a website for just that

Am I protected from having my new site's logo/idea/branding infringed upon?

The new name will be listed as a project of mine/my DBA on both websites.

Samuil Buschkin
Samuil Buschkin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 1, 2022

A d/b/a (doing business as) is simply an alternative trade name for a business. Different states have registration requirements for DBA's. A trademark protection or copyright protection are an entirely different issue. There is a process underlying the registration of a trademark or a... View More

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1 Answer | Asked in Contracts, Copyright, Business Law and Internet Law for New York on
Q: I am hiring a freelance to make an ad about the effectiveness of my vitamins. He says he is a Harvard graduate. If

it turns out he is not, am I liable? He comes from one of the largest freelance firms in US that list his credentials. I am in NYS

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 20, 2022

It will depend on what you use his credentials for.

Consult with an attorney.

1 Answer | Asked in Copyright and Internet Law for New York on
Q: Are rewritten articles legal?

It is widely known, that it is illegal, to copy articles 1: 1 from Websites and then publish them under your own name on your blog.

However, what about rewritten articles? To what extent do articles have to be rewritten in order to be safe with the copyrights laws?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 25, 2021

Depends. You need to consult with an attorney.

You can write about the same topics, but the words and order, the creation itself, needs to be unique, in order to be safe.

1 Answer | Asked in Federal Crimes, Internet Law, Small Claims and Trademark for New York on
Q: Can I sue someone if they borrowed around 10k from me and he hasn’t returned it since.I’ve asked multiple times for it.

I have text history of giving him this money but I’m not sure if that’s considered legitimate evidence. This man continuously ghosts me everytime after he promised he would get it to me.

Linda Liang
Linda Liang
answered on Jul 5, 2021

Yes, you can. Text history is a form of proof if it clearly indicates the debt and the other party did not dispute.

1 Answer | Asked in Internet Law for New York on
Q: I am being sued for downloading media from the internet. What kind of lawyer do I need and where can I get one?

They are seeking a judgment for $18,400.

Tim Akpinar
Tim Akpinar
answered on Mar 18, 2021

If they are basing their lawsuit on infringement, a starting point could be to reach out to a copyright attorney. Based on other issues, possibly a civil litigation attorney. There is a tab above (Find-a-Lawyer). You could use that, or you could conduct your own independent searches. Good luck... View More

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... View 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 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

2 Answers | Asked in Consumer Law and Internet Law for New York on
Q: User data

I own a .com cosmetics website where users leave their personal information including age range, skin tone and skin concerns (acne, eczema etc) and they have an option to show or hide this information on their public profile. Giving them an option to hide this information is enough not to violate... View More

George E. Patsis
George E. Patsis
answered on May 30, 2020

Privacy laws are complex, you should consult with an attorney specializing in this area. You will also need an attorney to draft the website terms and conditions.

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1 Answer | Asked in Internet Law for New York on
Q: Hi I like to know if slander in social media such as YouTube and harassment is permitted !

Individual was a former consumer

Who engaged and found a loop hole to extort And slander

After extortion they posted a social media video via YouTube

And provoking daily harassment

Item was shipped from New York to California in which the buyer not only extorted... View More

George E. Patsis
George E. Patsis
answered on May 19, 2020

“The elements of a cause of action [to recover damages] for defamation are a ‘false statement, published without privilege or authorization to a third party, constituting fault as judged by, at a minimum, a negligence standard, and it must either cause special harm or constitute defamation per... View More

2 Answers | Asked in Business Law, Employment Law and Internet Law for New York on
Q: my job (a retail company) is requiring us to write online reviews on the products sold on the site. Is this illegal?

Can I refuse? We are still employed - my job has 50 and or less employees

Michael David Siegel
Michael David Siegel
answered on Apr 27, 2020

Is it illegal? No. Is it sketchy? Yes. Can you be fired for not doing it? Maybe. It would be hard to prove improper conduct by the employer.

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2 Answers | Asked in Criminal Law and Internet Law for New York on
Q: I hired a lawyer but the district attorney wont respond

What should I do

William Jaksa
William Jaksa
answered on Nov 3, 2019

Speaking as a defense attorney, this is frustrating for us. We leave voice messages and send emails hoping to engage with the DA to keep out client's matters moving, but sometimes they don't want to engage. Either they are too busy or avoiding us until they get a handle on the case.... View More

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1 Answer | Asked in Consumer Law and Internet Law for New York on
Q: Do I have a case if so what do I do

I purchased a clawee app & purchased coins the cams glitched making it impossible to win and it did it on almost every game they had the side cams angled on weird spots like the wall & in a clawee game that makes it so u can't judge where to drop it I contacted them for my money back... View More

Jonathan David Warner
Jonathan David Warner
answered on Feb 3, 2019

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...
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1 Answer | Asked in Immigration Law and Internet Law for New York on
Q: I am a US resident. I have a prior DUI from 1995. Guilty and convicted. Can I enter Canada today?
Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

This is a Canadian immigration law question. Check with your Buffalo-area US immigration attorneys for a referral.

1 Answer | Asked in Internet Law for New York on
Q: Can I sue my child's school for failing to secure his personal data?
Tim Akpinar
Tim Akpinar
answered on Sep 15, 2018

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... View More

1 Answer | Asked in Intellectual Property, Trademark and Internet Law for New York on
Q: Trademark issue from previous owner?

I did a deal to buy an website, the owner of the website, agreed to sell me the full website with the trademark, however after I sent all the money, he just sent me the domain name, and he decided not to follow with our agreement. He is currently keeping the trademark and ask me a crazy amount of... View More

Benton R Patterson III
Benton R Patterson III
answered on Aug 7, 2018

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.

1 Answer | Asked in Criminal Law, Internet Law and Sexual Harassment for New York on
Q: Is it illegal to suggest someone should be raped or that they are "asking to be raped" online?
Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 20, 2018

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...
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1 Answer | Asked in Criminal Law, Education Law and Internet Law for New York on
Q: My daughter is 15 and a 19 year old is threatening her in school and social media. Can I press charges for harassment?
Andrew S. Tabashneck
Andrew S. Tabashneck
answered on May 8, 2018

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...
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1 Answer | Asked in Internet Law, Sexual Harassment and Communications Law for New York on
Q: I was in a long-distance relationship with a guy from Florida who threatened to leak my nudes

He started to threaten me when we broke up, it happened multiple times, and after each time he said he deleted my pictures.

I don't know if he still has them or not, what can I do if I find out he leaked them?

Michael Diederich Jr.
Michael Diederich Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2018

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.

1 Answer | Asked in Personal Injury, Internet Law, Landlord - Tenant and Libel & Slander for New York on
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

By me or her mother. The site also was asking for donations for the homeless. My daughter is not homeless. What can I do , is this a violation of her rights?

Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2017

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.

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