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New York Internet Law Questions & Answers
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
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.

1 Answer | Asked in Internet Law for New York on
Q: Can something be filed to keep info from being public on internet?

--

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 13, 2017

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,... View More

1 Answer | Asked in Business Law, Entertainment / Sports, Intellectual Property and Internet Law for New York on
Q: is public access tv considered public domain?

i wanna post a rare interview from a public access tv show from the early '90's onto my YouTube channel but don't wanna get my channel deleted

Barry E. Janay
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answered on Aug 7, 2017

Probably not, contact the shows producers and ask for permission / a license.

1 Answer | Asked in Internet Law for New York on
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?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 8, 2017

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... View More

1 Answer | Asked in Internet Law for New York on
Q: I purchased something from a third party seller off of Amazon, but amazon shipped it

-- who do I go after -- Amazon or the seller?

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 2, 2017

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,... View More

2 Answers | Asked in Civil Litigation, Constitutional Law, Internet Law and Libel & Slander for New York on
Q: can facebook be sued when a user posts private videos about someone else?
Ali Shahrestani,
Ali Shahrestani,
answered on May 3, 2017

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/... View More

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1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Libel & Slander for New York on
Q: Hi I'm wondering the legality of using quotes on prints. For instance can I quote two people debating on twitter?

I'm looking to create prints that have quotes from popular figures and selling them online. I'm not looking at using trademarked names, movie quotes, or song quotes. Though those might occasionally show up in the quotes themselves.

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 30, 2017

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...
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1 Answer | Asked in Internet Law for New York on
Q: What can I do if someone else owns a domain that I want for my business? It has the same name.
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 8, 2017

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,... View More

2 Answers | Asked in Civil Litigation, Communications Law, Intellectual Property and Internet Law for New York on
Q: Can a citizen blogger writing a blog for free on a newspaper website claim censorship if that newspaper removes a post?
Barry E. Janay
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Barry E. Janay pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2017

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.

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2 Answers | Asked in Contracts, Copyright, Employment Law and Internet Law for New York on
Q: My Slack team has produced content Jan-Mar 2017 and not gotten paid as usual. Bosses avoiding questions. What can we do?

My Slack team is a hired international group of writers and videographers producing content for a YouTube channel. The curator who hired us and manages the Slack team has not paid us for all of 2017 despite many videos being produced, uploaded and making money for the YouTube channel. The manager... View More

V. Jonas Urba
V. Jonas Urba
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...
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1 Answer | Asked in Consumer Law, Internet Law and Small Claims for New York on
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?

I am a resident of VA and over the New Year holidays I took my family to FL for a week. I arranged a rental via internet on a legitimate website. I was contacted by owner, signed the rental agreement and foolishly wired him money. He cancelled on me a week prior the vacation start date and refused... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
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...
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1 Answer | Asked in Internet Law for New York on
Q: I'm getting harassed on twitter by someone using a fake name

- am I able to sue to find out the real identity of the person?

Ali Shahrestani,
Ali Shahrestani,
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,... View More

1 Answer | Asked in Internet Law for New York on
Q: I'm getting notices of violating copyright on something I put up online - how do I fight this?
Ali Shahrestani,
Ali Shahrestani,
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,...
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1 Answer | Asked in Products Liability, Business Law, Trademark and Internet Law for New York on
Q: Is it illegal to host a paid service that manipulates Amazon.com's search algorithms by having bots create accounts?

The bots will perform tasks with the accounts

Peter N. Munsing
Peter N. Munsing
answered on Feb 6, 2017

You have to look at your provider agreements --all the stuff you signed saying "I accept" involved in the chain of your site.

Whether your internet is provided by Mozilla or Google or others they all have user agreements. Willing to bet buried in there may be something to prevent...
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1 Answer | Asked in Intellectual Property and Internet Law for New York on
Q: Hello!can I use images we see on pinterest, Instagram, on shopping websites, blogs, facebook & twitter on my websites?

If i am the owner of the website, running a social network website like facebook can i use images, videos and other stuff from websites like pinterest, Instagram, on shopping websites, blogs, facebook & twitter as we do it on facebook, we post whatever we want on facebook and we don't need... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

It sounds like you might be violating intellectual property rights by doing that. 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... View More

1 Answer | Asked in Internet Law and Juvenile Law for New York on
Q: I think I may have evidence that my parents are spying on me through the internet. What are my privacy rights if I'm 18?

So I have been talking to my parents, especially my father, lately and they oddly mention specific details about my day sometimes. For instance, I did not go to my last period in school the other day and my dad somehow knew where I was, and what I was doing, and essentially repeated details I... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

You have privacy rights as an adult, which they may be breaching. 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,... View More

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