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How my comment on TechCrunch got me a Facebook Cease and Desist

rickstratton.com

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Re: How my comment on TechCrunch got me a Facebook Cease and Desist

#41

Post by iamgilesbowkett »

iamgilesbowkett wrote: post #40

hey @racerrick, my mom's a retired lawyer. (for context.) lawyers issue threats the way other people say hello. if this person says to you on the phone that you have to prove that you don't own the site, guess what? you can't prove she said it, since it isn't in writing, and it's not against the law to lie about that in the first place. you need a sharp lawyer who won't rip you off. hire one. free advice is worth eve…

also, just to be clear, this is not legal advice. I know absolutely nothing about the law and am just some asshat making shit up on the internet.

Re: How my comment on TechCrunch got me a Facebook Cease and Desist

#42

Post by vellum »

daegloe wrote: post #23
racerrick wrote: post #6

Earlier quoted context omitted.

Agreed. Thank you. However spending money on a lawyer for this is painful.

One option is to ask a lawyer to draft a response in your name in which you clearly state that you have no connection to the offending service. You would then send that response on your personal letterhead. If FB's lawyers continue to pursue their claims, your lawyer would likely take the reins and communicate directly with the opposition on your behalf. Another option is to remain silent and wait for a follow up fro…

Good idea. Before you get him to draft the letter though, you should try to negotiate a flat fee for the service. You don't want some guy that bills $x00/hr spending a few days on the letter.

Re: How my comment on TechCrunch got me a Facebook Cease and Desist

#43

Post by tlrobinson »

This is just silly on the lawyers' part. What are the chances the screenshot in the TC article just happened to include a comment, in a random article earlier in the day, by the creator of the thing the article was describing?

Clearly you were in the wrong place at the wrong time and made an ambiguous comment that was misinterpreted by Facebook's lawyers.

How do they expect you to prove you're not involved? (hint: they don't) It sounds like they're just trying to intimidate you.

IANAL, but I'd very clearly explain exactly what happened. If they continue to pursue this I'd be very surprised, and will make sure I never use their law firm...

Re: How my comment on TechCrunch got me a Facebook Cease and Desist

#45

Post by daegloe »

iamgilesbowkett wrote: post #40

hey @racerrick, my mom's a retired lawyer. (for context.) lawyers issue threats the way other people say hello. if this person says to you on the phone that you have to prove that you don't own the site, guess what? you can't prove she said it, since it isn't in writing, and it's not against the law to lie about that in the first place. you need a sharp lawyer who won't rip you off. hire one. free advice is worth eve…

Hear hear!

Always remember that FB's attorneys get paid to mess with you. They could give a rats ass about your innocence or well-being. If they win they get paid. If they lose, they still get paid. Logic and reason will simply fall on deaf ears. They are hourly billing automatons.

Remain calm and follow your lawyer's advice.

Re: How my comment on TechCrunch got me a Facebook Cease and Desist

#48

Post by coopdog »

zrgiu_ wrote: post #22

So, guilty until proven innocent, is this how things work now ? What if I go now on facebook, create an account, use the name Rick Stratton and start posting random, "incriminating" stuff all over the internet, what then ?

Innocent until proven guilty is only for criminal court, civil law is done on the balance of probabilities Les disclaimer: IANALTINLA

Re: How my comment on TechCrunch got me a Facebook Cease and Desist

#49

Post by dannyr »

gbaygon wrote: post #24
racerrick wrote: post #11

Earlier quoted context omitted.

The letter states that I need to stop the service and shut down the site, both of which I have no control over!

The site in question seems to be 404'd, so maybe you have nothing to worry about

Perfect timing eh?! (j/k)

Re: How my comment on TechCrunch got me a Facebook Cease and Desist

#50

Post by daegloe »

vellum wrote: post #42
daegloe wrote: post #23

Earlier quoted context omitted.

One option is to ask a lawyer to draft a response in your name in which you clearly state that you have no connection to the offending service. You would then send that response on your personal letterhead. If FB's lawyers continue to pursue their claims, your lawyer would likely take the reins and communicate directly with the opposition on your behalf. Another option is to remain silent and wait for a follow up fro…

Good idea. Before you get him to draft the letter though, you should try to negotiate a flat fee for the service. You don't want some guy that bills $x00/hr spending a few days on the letter.

The letter should be an hour discussion plus an hour of drafting, at the most. @vellum is right, always negotiate fees and estimated level of effort up front. In these types of cases it's generally best to deal with each task discretely until, in a worst case, you must consider litigation. This helps avoid locking yourself into a significant retainer when a single letter might do the trick.
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