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How to deal with receiving a cease-and-desist letter from Big Tech

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Re: How to deal with receiving a cease-and-desist letter from Big Tech

#51
post #9

easy, there is a convenient device called a trashcan this is where such letters go

Remember, though, that in many places ignoring something can put you at risk for a default judgement at a later date. It'd be nice if we could just ignore troll trash :/

Ignoring a court summons or lawsuit or something, sure, that's risky, don't do that. Last thing you want is a default judgement.

A C&D letter? Nah, you're 100% safe (legally) to throw that in the garbage.

Re: How to deal with receiving a cease-and-desist letter from Big Tech

#53
post #38

Earlier quoted context omitted.

I'm going to avoid the snarky "hire an attorney" answer but once you get past that necessary first step I do have a few tips: * get comfortable reading legal documents, this will allow you to have more intelligent conversations with your attorney * don't let your attorney make your business decisions, one of their jobs is to point out risks, one of your jobs (owner/ceo/leadership) is to figure out how to mitigate ris…

I appreciate that. As someone with a hobby making software, I can see the need for hiring at some point but I don't even know where to start. Do you just look up one online and call and say "I got a nasty letter, will you be my attorney"? Is there some kind of ongoing subscription cost to keep being "my attorney" or just pay per hour when you have an issue?

For small, transactional dealings where the amount of work is easy to predict, there may just be a fixed fee for that.

For more open-ended work, it is often billed by the hour (time and expense). If the work is non-trivial, they may ask for a retainer, which is a down payment against future hourly work and expenses incurred by the firm.

Another common billing model, called contingency, is generally reserved for cases where the firm is optimistic they will be able to receive a significant monetary judgment or settlement, which they will take part of for their time and effort.

Re: How to deal with receiving a cease-and-desist letter from Big Tech

#54
post #38

Earlier quoted context omitted.

I'm going to avoid the snarky "hire an attorney" answer but once you get past that necessary first step I do have a few tips: * get comfortable reading legal documents, this will allow you to have more intelligent conversations with your attorney * don't let your attorney make your business decisions, one of their jobs is to point out risks, one of your jobs (owner/ceo/leadership) is to figure out how to mitigate ris…

I appreciate that. As someone with a hobby making software, I can see the need for hiring at some point but I don't even know where to start. Do you just look up one online and call and say "I got a nasty letter, will you be my attorney"? Is there some kind of ongoing subscription cost to keep being "my attorney" or just pay per hour when you have an issue?

Getting connected to an attorney by someone you trust is the best path. Just picking one after googling is dangerous.

Expect to pay more than you expect to pay.

ETA: America is a "pay to play" country, and those payments are mediated by lawyers. What I mean is: enforcement of laws mostly happens via suing people, and you need to be able to pay an attorney to win that suit.

Re: How to deal with receiving a cease-and-desist letter from Big Tech

#55
post #51

Earlier quoted context omitted.

Remember, though, that in many places ignoring something can put you at risk for a default judgement at a later date. It'd be nice if we could just ignore troll trash :/

Ignoring a court summons or lawsuit or something, sure, that's risky, don't do that. Last thing you want is a default judgement. A C&D letter? Nah, you're 100% safe (legally) to throw that in the garbage.

The main potential legal impact of a C&D letter is that, to the extent that notice is relevant to the existence or degree of liability, itay give you enhanced liability after the letter than what you had before. Other than that, yeah, its just basically a formally-written “please stop” letter.

Of course, there's always a possibility that the party sending it follows through on the at-least-implicit threat of litigation.

Re: How to deal with receiving a cease-and-desist letter from Big Tech

#56
post #38

Earlier quoted context omitted.

I'm going to avoid the snarky "hire an attorney" answer but once you get past that necessary first step I do have a few tips: * get comfortable reading legal documents, this will allow you to have more intelligent conversations with your attorney * don't let your attorney make your business decisions, one of their jobs is to point out risks, one of your jobs (owner/ceo/leadership) is to figure out how to mitigate ris…

I appreciate that. As someone with a hobby making software, I can see the need for hiring at some point but I don't even know where to start. Do you just look up one online and call and say "I got a nasty letter, will you be my attorney"? Is there some kind of ongoing subscription cost to keep being "my attorney" or just pay per hour when you have an issue?

I’d start by asking people around you if they know an attorney. Recommendations from people you know will almost always be more valuable than a Google search.

If you don’t know anyone that would be in the area of law that you’re looking for, ask for _any_ attorney recommendations, then ask those attorneys for recommendations for people in the area of law you need.

If you absolutely cannot find a lawyer through people you know (and, really, try asking people), then you can look up a lawyer referral service for your state. Most state or county bars will have some program for making referrals to lawyers. Often these will have a low-ish flat fee, which will get your a short initial consultation with a few lawyers in the relevant area of law.

For billing, it’s something to ask your lawyer, thought most lawyers will have some kind of billing program where you pay hourly for what you use, and don’t need to pay some ongoing fee just to have the lawyer as “your lawyer”. Small business that only need a lawyer for a few hours a couple times a year aren’t uncommon clients for business lawyers.

Re: How to deal with receiving a cease-and-desist letter from Big Tech

#57
post #38

Earlier quoted context omitted.

I'm going to avoid the snarky "hire an attorney" answer but once you get past that necessary first step I do have a few tips: * get comfortable reading legal documents, this will allow you to have more intelligent conversations with your attorney * don't let your attorney make your business decisions, one of their jobs is to point out risks, one of your jobs (owner/ceo/leadership) is to figure out how to mitigate ris…

I appreciate that. As someone with a hobby making software, I can see the need for hiring at some point but I don't even know where to start. Do you just look up one online and call and say "I got a nasty letter, will you be my attorney"? Is there some kind of ongoing subscription cost to keep being "my attorney" or just pay per hour when you have an issue?

> I can see the need for hiring at some point but I don't even know where to start.

I have advice for this. Most attorneys, at least in my area, will sit down and talk with you at no charge. My advice is to take advantage of this before you have an actual issue that needs attention and talk with a few of them. Investigate them, talk to their clients if you can, ask about them with professional organizations, etc.

And then just use them for routine stuff every so often. Run contracts by them before you sign, etc. The idea is that you want to develop a relationship with them so that you and they know each other. Then, if something comes up where you really need an attorney, yours is already very familiar with you and what you're doing.

> Is there some kind of ongoing subscription cost to keep being "my attorney" or just pay per hour when you have an issue?

There is a concept of keeping an attorney "on retainer" -- which basically means prepaying for legal services. At a small scale, this isn't worth doing. Treat your attorney like your auto mechanic: keep a relationship going, go to them for your oil changes and other routine stuff, and pay by the hour. Then when you need important work done, they're primed and ready.

Re: How to deal with receiving a cease-and-desist letter from Big Tech

#58

interesting. I'm curious why they bother going after so many small developers. There must be some kind of negative effect long-term there on their perception in the tech ecosystem etc. Bored in-house lawyers?

Facebook execs have willfully enabled genocide campaigns. It hasn't hurt their ability to hire one bit. Why would this?

Re: How to deal with receiving a cease-and-desist letter from Big Tech

#59
If anyone has some good tech-knowledgeable attorneys that work with individuals or smaller companies this is a great opportunity to promote them. It's hard to find people that are specialized in this sort of thing on a smaller scale and I've been looking for people/firms that can do this.

Re: How to deal with receiving a cease-and-desist letter from Big Tech

#60
So many comments here about how C&D don't have teeth and suggesting ignoring them. That might generally be the case, but the article here specifically talks about losing your account on the tech company's service as the main thing they are concerned about.
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