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

rickstratton.com

51–60 of 91 posts

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

#51
post #37

Facebook comments on Techcrunch was a bad idea from the beginning. It's the main reason why I started visiting Techcrunch a lot less at the time (and then other reasons added up,and I quit it for good).

The idea is that people will troll less, but by default it allows hotmail and yahoo mail login, which is like firing a flare to attract trolls.

I C & D thee for defamation!

How dare you comment so freely..

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

#52

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…

Thanks! Good advice.

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

#53
post #16

Ask a lawyer if you can counter sue Facebook not just for lawyer fees but for damages for maliciously and falsely accusing you in public, an act that is certain to sully your reputation. Ask a lawyer what's the best way to game this situation to increase Facebook's liability to a maximum while minimzing your risk and exposure.

I don't think they accused him in public at all

Just send a postcard:

"Have no idea what you talking about. Nothing to do. Very depressed. Doctor said to avoid this kind of thing."

Thanx,

xxx

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

#55

what does a cease and decist letter actually mean? it's not coming from a court, how does it carry any weight at all?

It doesn't mean anything, it's just a scary sounding letter.

Lawyers are skilled negotiators, part of negotiation is making it seem like they have a case especially when they don't. If Facebook had a case he'd be served and/or the police would be at his door.

A TOS violation? What are they doing to do? Turn off his Facebook account?

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

#58

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…

Is it even necessary to reply at all? I find it quite outrageous that random strangers could tap into my time like that. Or if a reply is necessary, could I charge for it? (I am not the original poster, just hypothetically speaking if something like that happened to me).

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

#59
I your place I would avoid going the legal route since this is not your strength.

1. Pay close attention to comments from daegloe

> EDIT: After reading many of the frothy comments on this page, I just wanted to add that it's generally best to avoid threatening a lawsuit, countersuit or any kind of legal claim in your response. These giant law firms love to call people on their bluffs, because they bill by the hour. Avoid boxing yourself in.

> Best strategy is to avoid litigation at all costs. Because, well, it costs lots of money whether you win or lose. And if you win, collecting is a bitch in of itself.

2. Do you have deadline in the cease and desist letter? If yes, what's the deadline?

3. Since this is a typical "David vs Goliath" and media loves these types of stories, I would try defeat FB with its own baby - social media.

Specifically, I would

3.1. contact 10-15 major tech blogs, including through Twitter

3.2. contact 5 major newspapers/their journalists

3.3. post your story on FB Twitter, FB Wall, Mark Zuckenbergs Wall

4. I am sure that this had adverse impact on your health and well being. So I would probably add sharing those to your story.

Play to your strengths and keep us posted.

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

#60
Oh, come the fuck on. Somebody, somewhere, made a mistake. If you really have nothing to do with this, then nothing will come of it.

Reply to them and tell them it isn't even you, and that you have nothing to do with this. They're not going to destroy you or even force you to rack up thousands of dollars in legal fees. They're not evil.

This is just as bad as the mainstream media -- anything that anybody does that can possibly be perceived in a way that gets attention is what makes it to the frontpage now?

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