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

rickstratton.com

81–90 of 91 posts

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

#81
To those offering advice about getting a lawyer: do you know how much a lawyer costs? A decent lawyer will charge you upwards of $300/hour. For just replying to this letter it'll run you about $100. And then if that other lawyer responds, the cycle will continue. Soon you're talking real money here, for something he did not do!

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

#83
post #81

To those offering advice about getting a lawyer: do you know how much a lawyer costs? A decent lawyer will charge you upwards of $300/hour. For just replying to this letter it'll run you about $100. And then if that other lawyer responds, the cycle will continue. Soon you're talking real money here, for something he did not do!

It sucks, but it will cost even more if the situation is not handled correctly and ends up in front of a judge.

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

#84

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 ca…

That's exactly what I thought, too. And that's when I got the "you sound guilty" from their lawyer.

so what?

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

#85
post #48

Earlier quoted context omitted.

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

> TINLA I had to look this one up. This Is Not Legal Advice.

Hey DDVTWAU (dont down vote this was actually useful) You need to allow people with interest outside HN some time to catch up on the hip new acronyms

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

#86
post #81

To those offering advice about getting a lawyer: do you know how much a lawyer costs? A decent lawyer will charge you upwards of $300/hour. For just replying to this letter it'll run you about $100. And then if that other lawyer responds, the cycle will continue. Soon you're talking real money here, for something he did not do!

It sucks, but it will cost even more if the situation is not handled correctly and ends up in front of a judge.

The correct way to handle it is to get it front of a Judge ASAP. Barratry comes to mind. When they can't provide logs of this application accessing their servers from an IP he owns the case is done and you pick up a little pocket money.

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

#87

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 ca…

What could Facebook (or Facebook's lawyers) possibly have to gain from this? I also think once they realize their mistake they'll drop the whole thing. Maybe they sent you the C&D just as a shot in the dark, because they don't know who the real author of this thing is?

Or maybe they sent it just because they are assholes?

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

#88
post #72

Why are all the answers with legal advice filled with phrases such as "this is not legal advice" and "I am not a lawyer"? Is it illegal for non lawyers to give legal advice in the US?

One wouldn't want to be accused of practicing law without a license, in a state where one is not licensed.

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

#89
Geez. I am a lawyer, and there is no need to hire or contact one. You can either ignore the C&D letter or take the first person's advice and write them a terse, polite letter explaining (briefly) that you have nothing whatsoever to do with the site in question. That's it. (and send it certified with receipt.) If they should file suit (in which case you would be served) that asks for some monetary damages (as opposed to an injunction of some sort against the site in question), then, and only then, do you need to consult with an attorney. The chances of them doing that, or anything else for that matter, is almost nil.

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

#90

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. A…

Good advice.

Racerrick, there is post about your adventure on TC.

Did you follow my advice, or they just spotted your story pre-emptively?

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