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Texas Internet Law Questions & Answers
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

James L. Arrasmith
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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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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

James L. Arrasmith
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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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1 Answer | Asked in Constitutional Law, Civil Rights and Internet Law for Texas on
Q: How would I go about any concerns cyber security on my Google account concerning everything somehow being accessible

Without my acknowledgement or consent?

James L. Arrasmith
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answered on Nov 28, 2023

If you're concerned about the security of your Google account and unauthorized access to your information, it's crucial to take immediate steps to protect your data. Start by changing your account password to something strong and unique. Also, enable two-factor authentication, which adds... View More

1 Answer | Asked in Communications Law, International Law and Internet Law for Texas on
Q: Long distance relationship troubles

Hello! I was in a year and few months long distance relationship with a man from Saudi Arabia. He would send me money via PayPal and gifts through mail one time. Recently I’ve been feeling sour towards the relationship due to how he’s been treating me and talking to me. I’ve tried to break... View More

James L. Arrasmith
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answered on Nov 9, 2023

In matters of personal relationships, gifts are generally considered final and do not need to be returned unless there was a clear agreement that they were loans or conditional upon certain terms. His threats to sue you for the return of these gifts or money may not have a strong legal basis.... View More

2 Answers | Asked in Communications Law, Internet Law, Copyright and Intellectual Property for Texas on
Q: Can I read a book on social media such as YouTube or Twitch if I am receiving any revenue from that social media?

If I can not read a copy righted work in whole can I read exserts from it as part of a book review or discussion group?

Dominique M. Williams
Dominique M. Williams
answered on Nov 3, 2023

I would caution against reading the book, or portions thereof, aloud publicly on a platform where you are receiving revenue. Under copyright law, a copyright owner is given sole and exclusive rights to reproduce the work, create derivative works, perform the work, display the work, or to authorize... View More

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2 Answers | Asked in Communications Law, Internet Law, Copyright and Intellectual Property for Texas on
Q: Can I read a book on social media such as YouTube or Twitch if I am receiving any revenue from that social media?

If I can not read a copy righted work in whole can I read exserts from it as part of a book review or discussion group?

James L. Arrasmith
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answered on Nov 4, 2023

Reading a copyrighted book in its entirety on a platform like YouTube or Twitch, especially when revenue is involved, may lead to copyright infringement claims. It's generally not permitted unless you have obtained explicit permission from the copyright holder.

However, reading...
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1 Answer | Asked in Consumer Law, Civil Litigation and Internet Law for Texas on
Q: Can I sue Careerbuilder for trusting them with my personal information, and having scammers call me and email me?

I received fake job opportunies. But I put no info.

T. Augustus Claus
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answered on Oct 10, 2023

In Texas, if you believe your personal information was mishandled or inadequately protected by a company, you may have grounds to sue. However, proving negligence or a breach of duty on the part of Careerbuilder or any similar platform would be crucial. Additionally, you'd have to show that... View More

2 Answers | Asked in Libel & Slander and Internet Law for Texas on
Q: How do I go about filing a cyber libel lawsuit?
John Michael Frick
John Michael Frick
answered on Sep 8, 2023

A successful libel lawsuit requires the services of an experienced litigation attorney, a solid damage expert, and possible a market surveying company. Specific notices must be sent under the Defamation Act and the content of the defamatory publication must be carefully analyzed to avoid the... View More

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1 Answer | Asked in Contracts, Intellectual Property, Internet Law and Patents (Intellectual Property) for Texas on
Q: How do i obtain personal data being denied? When I'm in compliance with procedures but instead infringement is the act

Intellectual property being withheld and my attempts have been ignored from several organizations. I've reached out to our states bar association more than several times for a fact and got little to no assistance and unfortunately finances have been affected by the covid pandemic and personal... View More

James L. Arrasmith
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answered on May 2, 2023

If you believe that your personal data is being withheld without justification, you may have legal options to obtain that information.

First, you can try to reach out directly to the organizations that are denying you access to your data and ask for an explanation for the denial. It may be...
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1 Answer | Asked in Criminal Law and Internet Law for Texas on
Q: There is a crazy ex stalking my family, making threats etc. can they mess with my husband about a warrant if I file p.r?

Today my husband almost got hit at work, along with an employee and customer. The crazy ex texts both of us saying he won’t miss again. I really need to know as soon as possible. So I can make this all go away. Theirs is so much more to this story and frankly I’m tired of having to even watch... View More

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

Saying he won't miss again under the facts presented sounds to me like it violates the criminal statute against making "terroristic threats." In this context, "terroristic" is not limited to a political terrorist like on the news. It is a criminal offense defined as... View More

2 Answers | Asked in Consumer Law, Personal Injury, Constitutional Law and Internet Law for Texas on
Q: Is it possible to take legal action against a website that allowed the unethical promotion of a online casino?

I am an individual who is now struggling with a crippling gambling addiction that has ruined my life in every way imaginable in the past 6 months. I was first exposed to this online crypto casino via a live stream on a website where I watched entertainers stream themselves live playing video games,... View More

John Michael Frick
John Michael Frick
answered on Dec 19, 2022

Back in 2013, a group of class action plaintiffs lawyers met in Indianapolis to discuss the prospects of such litigation on a scale similar to the tobacco litigation.

Since then, a few smaller lawsuits have been filed that have typically ended unsuccessfully for the plaintiffs.

It...
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1 Answer | Asked in Entertainment / Sports, Federal Crimes, Internet Law and Juvenile Law for Texas on
Q: Can I sue youtube for having videos with naked children on their site?

They have vids with kids going to the bathroom, kids running around with no clothing on, etc. Why is this legal to do?

James L. Arrasmith
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answered on Jan 13, 2024

I would be very cautious of this. I would contact YouTube directly to try to have them to take down the video(s). I would ask report those video(s) directly to YouTube moderators.

1 Answer | Asked in Criminal Law, Internet Law and White Collar Crime for Texas on
Q: What happens if I received money from a stranger by accident through Zelle and Spent it

The owner reached out to me threatening to report me to law enforcement .Minneapolis

John Michael Frick
John Michael Frick
answered on Jul 13, 2023

If you accidentally received money from a stranger through Zelle, all you need to do is promptly send the money back to its rightful owner and you should not have any legal issues. You will only face legal problems if you don't send it back now that you it wasn't intended for you.

2 Answers | Asked in Criminal Law and Internet Law for Texas on
Q: What can I do to protect myself from the person who sexually abused me when I was a child?

When I was a 8 I put my older cousin away for molesting me. He's gotten a phone in jail from someone. My aunt and uncle told me he was getting out soon and I knew for a fact they would allow him in the house. His sister/my other cousin, was on the phone with him when I walked in the room and... View More

John Cucci Jr.
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answered on Oct 9, 2022

You should call or visit your local District Attorney's office. If he was in jail for abusing you, he is likely under court order now not to contact you. If not, the DA should request a protective Order from the court. If the DA will not help you, call my office, and I can help you get such an... View More

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1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Texas on
Q: Is it legal to create a website on the topic of quotes? I'm thinking of starting a quotes site, with curated content.

The website would specifically be ALL about quotes. Inspirational, motivational, etc.

Erik Špila
Erik Špila
answered on Oct 3, 2022

Many websites use same concept and they always state the author of the sentence. This should be legal in most of jurisdiction throughout the world. However do not cite large portions of texts from the books.

1 Answer | Asked in Criminal Law, Internet Law and Small Claims for Texas on
Q: I sent someone money on a cash app for an rv they had for sale but now I can't get a hold of her

And there's no buyer's protection on this app that I sent the money through

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jul 18, 2022

You should make a police report. In the future, if suggest only using a payment system with some kind of buyer protection (like paypal, etc). Good luck.

2 Answers | Asked in Criminal Law, Internet Law and Libel & Slander for Texas on
Q: Can I be charged with defamation of character or harassment in this situation?

I got into a social media dispute with an old friends mother. We had a few pretty mild words in Facebook comments and then I blocked her. She then proceeded to text me racial slurs on Snapchat through her daughters Snapchat. I screenshot those texts and later posted them on several social media... View More

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Apr 5, 2022

Truth is a defense. She could hire a lawyer and sue you. You could win if you can prove everything said was true

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1 Answer | Asked in Identity Theft, Internet Law and Intellectual Property for Texas on
Q: A woman stealed a photo of me and my exgirlfriend and she uses it as a profile photo in social media. I’m married?

A woman stealed a photo of me and my exgirlfriend and she uses it as a profile photo in social media to say that I’m dating her while this is a lie. In the photo I’m kissing my ex girlfriend but only my face can be seen while my ex girlfriend face is hidden. She only uses that photo. I’m... View More

Randy Sorrels
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Randy Sorrels
answered on Jun 5, 2021

If she has put you in a false light by using this photo, then you may have a claim against her. You should first ask her to remove the photo immediately (in writing) though as an alternative to filing a lawsuit.

1 Answer | Asked in Criminal Law, Domestic Violence and Internet Law for Texas on
Q: Our business received a threat posted online from a customer. Is a restraining order, or other legal action, advisable?

Without getting into specifics, a customer posted the following comment as feedback to a purchase he made from our business, "U BE THE 1ST GUY I SHOOT". There were also emails sent with profanity, as well as a comment posted on our Facebook page. The customer is located in a different... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 26, 2021

A restraining order is issued in the context of a CIVIL case but it expires when the case ends. That said, sending a death threat and multiple harassing electronic messages can be the basis for a criminal Stalking case... and the victim of a Stalking can apply for a Protective Order... and that is... View More

1 Answer | Asked in Criminal Law and Internet Law for Texas on
Q: Is it against the law to hack into someone's snapchat account & save their nudes?

After this person hacked the account & saved the nudes they could, they texted the account owner off a fake number holding the account ransom because they wanted the code to the "My eyes only" folder. They said they'd only give the account back if they got the code to the rest of... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 16, 2020

Yes, very illegal. The offense of Breach of Computer Security (33.02) by accessing the account without the consent of the owner. The level of this offense depends on the amount of monetary damage caused or threatened.

The offense of Electronic Access Interference (33.022) was committed if...
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