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

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121–130 of 209 posts

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

#121
post #19

The premise of this article is that you somehow have to respond to it which is nuts. If the letter is ridiculous (e.g. citing terms of service you did not sign) then you're better off to ignore it and not waste money on legal fees. Also everyone who suggests getting a lawyer has probably not had to hire one in the past. With very few exceptions they will tell you it "depends" and maybe give you a few legal terms you…

If you have not received a C&D before then the reason to consult with an attorney is to evaluate the risk. A lot of legal trouble arises from assuming you understand something when you actually don't. (Ask me how I know.)

> If you have not received a C&D before then the reason to consult with an attorney is to evaluate the risk.

The poster you are responding to just explained that most lawyers are too guarded to offer a useful evaluation of the risk, thus rendering their advice useless or low value.

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

#122
I got multiple C&Ds for publishing public information, provided directly from the US government as giant CSV files (PPP loan data, provided under FOIA), through a web interface that made it easy to search loan recipients and analyze distribution of COVID relief funds.

Many of the C&Ds came from people who were later indicted for defrauding the government, some of them in hilariously inept ways.

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

#123

Earlier quoted context omitted.

If you have not received a C&D before then the reason to consult with an attorney is to evaluate the risk. A lot of legal trouble arises from assuming you understand something when you actually don't. (Ask me how I know.)

> If you have not received a C&D before then the reason to consult with an attorney is to evaluate the risk. The poster you are responding to just explained that most lawyers are too guarded to offer a useful evaluation of the risk, thus rendering their advice useless or low value.

That is a bad reason not to consult with a lawyer. Hire a good one who knows the business you are in.

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

#124
post #113
post #17

This is a great writeup. I am not a lawyer, but I've received several C&Ds for various things over the decades. The first one scared me to death. The second and subsequent ones did not, because I understood what they were: just the company saying "I don't like what you're doing". When I receive a C&D, the first thing I do is talk to my attorney and go over what the C&D is complaining about. If I think I'm doing somet…

It's weird to me that big tech hasn't thought about offering a financial reward with C&D's. "We will pay you $10000 if you C&D" seems like pennies to them, much less than the cost of legal fees, a nice amount of cash for a personal project that hasn't monetized yet. Or a job "We will give you a job offer to work on X if you C&D your own work on X" also seems like a great strategy. If someone has already demonstrated…

> It's weird to me that big tech hasn't thought about offering a financial reward with C&D's.

That would be incentivizing bad behavior!

There is already a reward — they’re giving you a chance to fix their problem for free before they take you to court and sue you for damages.

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

#125

One thing to be aware of is that letters are not guarantees that they will follow up or take you to court. Especially if they have a weak case - it is just as likely to be a bluff, hoping you'll just stop because they are big and you are small. Ask an attorney to know for sure, but if they have no case and are just being bullies, don't cave in.

> don't cave in

That's dangerous advice, if you have anything to lose, and the C&D isn't obviously complete nonsense. Your adversary's lawyer may have causes of action that he chooses not to disclose just now.

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

#126

I got multiple C&Ds for publishing public information, provided directly from the US government as giant CSV files (PPP loan data, provided under FOIA), through a web interface that made it easy to search loan recipients and analyze distribution of COVID relief funds. Many of the C&Ds came from people who were later indicted for defrauding the government, some of them in hilariously inept ways.

This sounds like interesting research - could you share a link to your results?

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

#127
post #62

Earlier quoted context omitted.

I worked on a controversial app. I generally take the letter then throw it into the trash. I did this for 4 years, never had an issue. Github was the only one that seemed to want blood - then banned me. They would send me weird emails, trying to trick me to admit fault. They would also track new accounts I made (ip) and send taunting letters. They gave up eventually too. Looking back, these companies can send these t…

> If they want to sue you, don't worry, it will happen. As my attorney once opined: if they really want to sue you, the first thing you'll hear from them will be about the lawsuit they filed, not a C&D.

On the NANAE newsgroup, law firms would often pop up threatening legal action against blocklist maintainers or mailadmins; the standard response was "Where is your writ?".

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

#128

Earlier quoted context omitted.

Multiple C&D recipient here as well which upon receiving the first, as some commenters have shared, I too may have needed an underwear change while reading the legal verbiage. However as with many things in life though once you get through the initial experience the latter experiences only get easier. My personal take is I must be doing something of value if other’s lawyers are writing me threatening letters. IANAL s…

>once you get through the initial experience the latter experiences only get easier. Just for clarification, do you mean soiling your underwear or dealing with a C&D?

You eventually get used to either, I suppose.

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

#129

Earlier quoted context omitted.

Never heard about Dealogic so I just Googled -- the title of the click says: > Dealogic: A trusted partner to top financial firms worldwide Oh well, I probably don't need to dig deeper to know what it does then.

At the risk of sounding very dumb — what were you able to determine from that? I have no idea what it means, almost sounds like the mafia Edit: their about page sounds even more mafia-esque. “Dealogic connects banks and investors in the only truly global network… Firms who use Dealogic see results in increased profitability and productivity… Whether you want to analyze wallet share, execute a deal, align operating un…

The answer is to have Dealogic give them an offer they cannot refuse?

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

#130
post #72

Earlier quoted context omitted.

> Should everyone in the US have a lawyer on call? I had a coworker at a previous job who often talked about "her family's attorney." I'm like, families have attorneys? I don't think I've talked to a lawyer once in my life.

I always feel like there's a whole rule-book of "how to Do Life" that I didn't get, for this easing-into-the-upper-middle-class and/or doing-serious-business-stuff shit, that other people just know , because of who their families are and who they grew up hanging out with. I gather the version of that I did get was the middle-class version—which some others didn't get and have a similar "wait, that's just normal ?" re…

Yep I'm with you, I am absolutely loathe to hire anyone to do something I could do myself. I've done major home repairs, painting, flooring, kitchen and bath remodels, I do almost all my own auto repairs and maintenance, I do my own laundry, I clean my own house, I cut my own grass. I have neighbors who just pay for someone to do all that without a second thought.
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