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Got my first cease and desist

Discussion in 'Business & Tax Advice' started by OiOiOi, Oct 6, 2011.

  1. OiOiOi

    OiOiOi Regular Member

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    I used some images from a competitors site as a placeholder for my own while I was building it. They sent me a cease and desist order this morning obviously threatened. Damn it feels good to be blackhat.
     
  2. Ste Fishkin

    Ste Fishkin "I'm watching you.." - Apricot Jr. VIP Premium Member UnGagged Attendee

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    oh you big boy
     
  3. jonnyquest

    jonnyquest Regular Member

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    frame that bitch and put it up on the wall ... congrats

    JQ
     
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  4. Jonny Quick

    Jonny Quick BANNED BANNED

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    Send them a bill for having been displayed on your site. Call it "site rental".
     
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  5. OiOiOi

    OiOiOi Regular Member

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    Hahaha

    I followed up with them to inquire what exactly they were upset about. No response. Funny thing is that I am launching a competitor to their site with about as much money as it cost to have that lawyer write me that Email.

    BHWFTW
     
  6. Jonny Quick

    Jonny Quick BANNED BANNED

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    I haven't any real first hand knowledge of this, but from what I've read, sending a response asking for exactly what it is that they are objecting to, with a request that they prove they have some sort of copyright, seems to make the majority of these types of claims go away.
     
  7. ShiftySituation

    ShiftySituation Power Member

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    The C&D should say what they are wanting you to do. Something like, the image with the image name "asdfas.png" located on your site "www.asdfasf.com/asdfasf.html" that looks like the following:

    [​IMG]

    Is in direct violation of our copyright ...

    If it doesn't look like that and is some stupid vague response, f them. Let them try to flex and scare you.
     
  8. StarkContrast

    StarkContrast Regular Member

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    I got a copyright infringement notice this week for something that was on my site, a psychological something or other done by some psychologist. Lawyer says since no hits were recorded on the page and since I immediately pulled it, you only have to pony up $600 instead of the usual $1700. Read me the Copyright Act "blatant and aggregious violation..." stuff.
     
  9. Jonny Quick

    Jonny Quick BANNED BANNED

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    Are you a person that might be dumb enough to pay?

    I ask this because people are going to want to know this, in order to talk to you about it, and you didn't say one way or the other. Did your Lawyer advise you to pay? Does your Lawyer have any friends that dabble in the blackhat arts? Did he know about your site before you got the C&D?

    I'm not joking.
     
  10. StarkContrast

    StarkContrast Regular Member

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    First, I don't have a lawyer so that addresses about 3 of your questions. I'm working it out now with the attorney.

    It was one thing on one of my sites; period. It wasn't blackhat, per se, it was merely something the psychologist copyrighted back in the 60s and this guy represents him.

    What might you suggest?
     
  11. gigabeam13

    gigabeam13 Newbie

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    Wow, he offered you a great deal. Now make him prove without a a shadow of a doubt that he truly is the lawyer of blah blah wateva. Lawyers don't usually cut deals on the first demand letter. In fact, it's usually the opposite. Usually they start high and then work their way down, and usually not in the first initial demand letter. Of course, I'm not a lawyer, so you may want to check with your legal counsel.
     
  12. pwcbb11

    pwcbb11 Junior Member Premium Member

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    lol scam alert
     
  13. StarkContrast

    StarkContrast Regular Member

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    I did look him up and he is legit from the law firm of the publishing house. I did a Google alert search for the material in question and 2 more sites popped up just from the last day.
     
  14. Jonny Quick

    Jonny Quick BANNED BANNED

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    First, I'd suggest not paying it, unless you are certain you absolutely have to. Second, I'd suggest starting your own thread, as I suspect helping you is going to take some time & verbage, and this is someone else's thread. Finally, I'd recommend reading questions posted carefully, and answering them as completely as possible, and acknowledging that you have not answered any, and provide some reason as to why not, such as that you didn't understand the question, etc...

    People that need help need to first understand that it is they that need help, and that those that are capable of giving it have certain expectations. Failing to appreciate this fact fully causes qualified people to move on to someone else, leaving only those patient people that are willing to be helpful, but lack the ability. At least 50% of what I know today comes from forums like this one, and it's a competitive environment for knowledge & information. People that have it do not want to waste it. Pearls before swine, etc... Make certain you aren't "swine", lol....

    http://en.wikipedia.org/wiki/Pearls_Before_Swine

    Post Script:
    Another idea. An e-book titled "How to Ask a Question: A Guide to Acquiring an Online Education", by Jonny Quick
     
  15. SpiderWebMaster

    SpiderWebMaster Power Member

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    Already been done http://catb.org/~esr/faqs/smart-questions.html

    This one should be stickied in every forum lol
     
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  16. dog-tag

    dog-tag Senior Member

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    aren't you guys using offshore for everything now? Wouldn't worry about it OP, just write a nice mail saying "sorry my gf was helping me build the site and I didn't realise she didn't have permission for that exact image. Very sorry for the inconvenience, the image was removed and I hope your client has taken no offence by it... have a lovely day bla bla "

    Then just ignore them, who the fuck would take you to court with that reply, any judge would tell them to get the hell out. Don't pay them a single penny.