Ask HN: Doing $16k MRR. How do I deal with cease and desist? • Hacker News Board

Re: Ask HN: Doing $16k MRR. How do I deal with cease and desist?

#21

Post by toldyouso2022 » Fri, Apr 19, 2024, 9:06 AM UTC

racional wrote: post #17

We're not in violation of the ToS Yes you are, by your own admission just a few lines above, and a quick glance at the ToS itself. Your "intent" doesn't matter. By using the service, you must comply with the ToS, full stop (unless it is clearly void by existing law, which as your lawyers will immediately tell you if you choose to waste money on them, it isn't in this case).

How is he violating the tos? His client is making requests to a server, the server is replying and his client is elaborating the requests how it wants.

If midjourney doesn't like the requests they should stop replying, maybe banning (or suing) the users that use the client.

If his stuff is suing-worthy then stuff like adblockers, download managers, etc become suing-worthy too, is this what we want now?

Re: Ask HN: Doing $16k MRR. How do I deal with cease and desist?

#22

Post by toldyouso2022 » Fri, Apr 19, 2024, 9:17 AM UTC

hgezim wrote: post #20

toldyouso2022 wrote: post #19

From what I gathered from your service description it doesn't make sense to me that yu provide a service and they try to sue you If anything they should sue, aka block, the accounts of your users. It's them that are violating the tos, not you. It's weird replies on hn have been so cold towards you, if you want the internet defense force coming to your rescue I think you have to explain better why you are not violatin…

Oh interesting. And yes YouTube-dl is a good comparison. To be clear, I’ve had a few accounts on Midjourney used mostly for testing and demo purposes. At the moment I don’t have any Midjourney account hence TOS violation doesn’t apply.

I think you can make midjourney stop by using social media pressure, but you need to improve communications. For example don't start with "I'm making 16k a month" because most will think you can afford a lawyer.

Also, I repeat, consider explaining better what you do and what exactly are they accusing you of doing wrong and why they are wrong in doing so.

Also now that I see the screenshots, the way you phrased things it did look like you were the official midjourney api, so the trademark violation is there for sure.

Re: Ask HN: Doing $16k MRR. How do I deal with cease and desist?

#23

Post by hgezim » Fri, Apr 19, 2024, 11:03 PM UTC

toldyouso2022 wrote: post #22

hgezim wrote: post #20

Earlier quoted context omitted.

Oh interesting. And yes YouTube-dl is a good comparison. To be clear, I’ve had a few accounts on Midjourney used mostly for testing and demo purposes. At the moment I don’t have any Midjourney account hence TOS violation doesn’t apply.

I think you can make midjourney stop by using social media pressure, but you need to improve communications. For example don't start with "I'm making 16k a month" because most will think you can afford a lawyer. Also, I repeat, consider explaining better what you do and what exactly are they accusing you of doing wrong and why they are wrong in doing so. Also now that I see the screenshots, the way you phrased things…

Thanks for the feedback.

I've made some changes to help avoid the confusion: https://share.cleanshot.com/Gl1fg0gx

Re: Ask HN: Doing $16k MRR. How do I deal with cease and desist?

#24

Post by toldyouso2022 » Sat, Apr 20, 2024, 2:21 AM UTC

hgezim wrote: post #23

toldyouso2022 wrote: post #22

Earlier quoted context omitted.

I think you can make midjourney stop by using social media pressure, but you need to improve communications. For example don't start with "I'm making 16k a month" because most will think you can afford a lawyer. Also, I repeat, consider explaining better what you do and what exactly are they accusing you of doing wrong and why they are wrong in doing so. Also now that I see the screenshots, the way you phrased things…

Thanks for the feedback. I've made some changes to help avoid the confusion: https://share.cleanshot.com/Gl1fg0gx

I hope you will find the support to overcome this. Good luck