FB sent me C&D letter :(

I've dealt with this before.

Facebook will ask that you shut down the site first, so do that. Then they'll ask you for any accounts/software/user information. Don't divulge any of this. This information is proprietary and they have no right to it unless they have a court order.

Source code is YOUR intellectual property. Their law firm (Perkins & Coie) is notorious for sending out malformed C&D's. By definition a cease and desist letter is technically only allowed to communicate the order in the title: To cease and desist any/all abuse of their systems.

ANY REQUESTS THEY MAKE AFTER THIS CAN BE IGNORED.

Here is what they'll do with the information they're requesting of you:

Software source code: They will have their engineers pick apart the source to look for any footprints so they can catch users using your software and send them C&D's too.

Customer information: They'll send out C&D's to each and every one of those users whom they can verify actually exists. Then they'll use strongarm tactics to get them to roll over on more people, creating a blanket effect.

By giving out this information, you're not only guaranteeing the forfeiture of any revenue you've earned through that venture (as well as your customers'), but also jeopardizing the entire Instagram marketing industry.


I made a quick chart to (loosely) illustrate their motives and end goal with their aggressive C&D campaigns.



If you're located outside of the US, Canada, or European Union you literally have absolutely nothing to worry about. Facebook has legal presence in the US, Canada, and technically EU because of their HQ in Ireland.

TL;DR; - Shut down your site and cease further communication with the lawyers if you're in the countries listed above. If not, ignore them entirely and buy a beer. Drink it and enjoy.

i know it real c&d letter.

357Smith said:

Post the name and email address in the letter. Is the reply-to something like xxxx@[B]perkinscoie[/B].com or [email protected] ? If its not, then 100% chance its a competitor.

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Happened to me long time ago. In the beginning I was panicked a bit but if you just close the site and ignore it will be ok.

Don't be stressed. If you have carried out the action they wanted (shutting down the site) there will be no further action.

Remember a c&d letter is not a legal document. It is a letter from a lawyer stating the position of their client (in this case FB), and any infringements they allege you have made. From their perspective it is a polite request for you to stop what you are doing. From the perspective of the person receiving it, then it feels like a threatening letter.

A c&d is just the first step in a lengthy legal process that they do not want to take. All it does is set them up properly should they feel the need to take further action (basically ticking the right box). If you have complied with the requests made in their c&d letter, there is really nothing more they can do.

As for the request for the source code, and buyer details, at first I agreed with what others have said in that it is likely a competitor approaching you. But the more I think about it, I'm not so sure. It does seem a strange step to take, but it could just be a way to strengthen their position, to have more information about you. Think about it, a basic letter like that could be set on auto-responder and so it would be no extra work for them. All they are doing is asking for you to voluntarily give information.

They have no rights to your buyers list, and the code is your intellectual property. There is no law against coding. There may be laws against what you do with that code, but there is no law against coding.

So first of all I would say stop worrying. That is the first thing. My advice is now that you have shut down the site and complied with the requests of their c&d letter to just ignore any further communications from them. But I must be honest, I would be sorely tempted to write back to them and offer to sell them the source code. It is your property after all. See how much they really want it.

There is no point fb asking for the source code as its your intellectual property and no one owns the right to information about your buyers .. the mail must have been an action of competeitors eye on you ..

Just Shutdown your website and keep calm! they won't waste time on you if they don't know how much you've earned. It's a trick.

$500 bucks says OP folds in less than 24 hours.

Shut down the website and Ignore the requests.

The letter is real, just shut down the website asap.

kegnum said:

$500 bucks says OP folds in less than 24 hours.

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lmaooo, I'm curious as to what OP decides to do. Its a smart trick if its a competitor imo, very cunning

100% not a legit email, Just ignore and move on. FB won't ask for your source code.

This shows how much problem one can face for trying to make a few bucks in an illegal way!
Not to offend but we should fix such cases in our mind and try to avoid them in the future...

fb can sue anyone who goes against their tos.But i dont think they will ever ask for source codes.

SEOtime said:

i know it real c&d letter.

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I highly doubt it... And even if it is, it's just a piece of paper without any legal backing. You can use it to wipe coffee stains of your desk, that's about all it's good for!

I could send you a C&D telling you to stop looking at my pecker all the time right now and It would be worth the same amount of nothingness.

Just forget that c&d, if it even exists.

maaan don't give them that shit, unless a judge has ordered it..if a judge hasn't ordered it then just shut down the site.
FB can only request that info for you, under know law i know of you have to give the info to them unless a judge said you have too.
until then just reply send u a copy of the court order and u will send it over, and of course they have no copy of a court order
because there was no court date u had to appear too regarding the matter.

If i was you i would just reply to whoever sent u the C&D

Hello
The site has been shut down as requested however anything outside of the scope of shutting down the service and website needs to be in court order.

Thank you fuck off

I worked at a law firm in the US before moving away. This is nothing more than "Scare Mail". There is nothing illegal about this bot or script. It might violate their terms and conditions, but they have no case against you. In fact they have nothing because you have already complied with the notice. They just want to scare you in to giving it to them so they can study it and find ways to identify bots. Do not respond to anything further except a formal court notice that will never come. Stay strong bro and don't be worried by these bitches.

Just close the site and that's it