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A Great Response to a Cease and Desist Letter

abovethelaw.com

61–70 of 172 posts

Re: A Great Response to a Cease and Desist Letter

#61

This reminds me about how important it is to have a solid lawyer, and an understanding of the legal ecosystem. Even in cases like this with typos, "respond in ten (10) days" can be quite intimidating, especially when there's a money/legal power asymmetry. In one such case, Monster Cable issued a C&D to a much smaller, Blue Jeans Cable. The founder actually worked in litigation for 19 years and I found this portion of…

The best line of that letter:

  Not only am I unintimidated by litigation; I sometimes rather miss it.

Re: A Great Response to a Cease and Desist Letter

#62
post #56
post #6

Earlier quoted context omitted.

Also unreadable where i work where scribd is basically useless. Would be nice if people linked to pdfs instead of scribd.

Has scribd been useful anywhere?

I have found copies of ridiculously priced textbooks there, but the pain to search through them almost outweighs their free-ness.

Re: A Great Response to a Cease and Desist Letter

#63

Earlier quoted context omitted.

You don't have to be a dick about it. I thought 'whom' was right because the subject of the sentence was 'someone'.

It might have been a little dickish, but johnminton was right. People definitely have a tendency to overuse whom in a way they wouldn't with other pronouns.

Guys, this is Hacker News, not Reddit.

Re: A Great Response to a Cease and Desist Letter

#64
post #45

Earlier quoted context omitted.

"ask who owned" not "ask whom owned". "whom" isn't just a word to put in to sound educated - it's used only when the "who" is an object. Here it is not.

For all intensive purposes, your right, but is they're really any need to go over things with a fine toothcomb? As me and everybody else seems to feel, the point hear is mute, and I'm sure yourself agrees. Its clear enough what was meaned.

very impressive and equally painful, how long did that take you?

Re: A Great Response to a Cease and Desist Letter

#65
post #51

Earlier quoted context omitted.

Would YT get sued by Universal even with DMCA, if YT did not have a special arrangement with Universal? Without the option of counter-claiming, Youtube is a monarchy. I do expect a public company to have some sort of democracy, especially one who claims to follow "Do not be evil".

> Would YT get sued by Universal even with DMCA, if YT did not have a special arrangement with Universal? Why not? Viacom sued despite the DMCA defense.

I concede. You have a point.

Re: A Great Response to a Cease and Desist Letter

#66

Earlier quoted context omitted.

"ask who owned" not "ask whom owned". "whom" isn't just a word to put in to sound educated - it's used only when the "who" is an object. Here it is not.

Perhaps they asked "to whom the site belonged?".

Ask not to whom the site belongs, it belongs to thee.

Re: A Great Response to a Cease and Desist Letter

#67
post #6
post #3

Sadly, the letter is unreadable on Firefox Android. It's like everything is a widget these days, web pages are no longer self-contained, and usability, among other things, suffers.

Also unreadable where i work where scribd is basically useless. Would be nice if people linked to pdfs instead of scribd.

When someone submits a PDF to HN it'll be automatically changed to a scribd link, so that's why you see so many scribd links to HN.

I know that doesn't help with this particular article.

Re: A Great Response to a Cease and Desist Letter

#68

This reminds me about how important it is to have a solid lawyer, and an understanding of the legal ecosystem. Even in cases like this with typos, "respond in ten (10) days" can be quite intimidating, especially when there's a money/legal power asymmetry. In one such case, Monster Cable issued a C&D to a much smaller, Blue Jeans Cable. The founder actually worked in litigation for 19 years and I found this portion of…

Not to detract from that excellent, excellent response but refusing to pay he has every reason to overstate his eagerness for litigation in hopes of scaring Monster Cable off. Of course, in making that statement publicly he also nailed his colors to the mast, making it far more difficult to back down even if he might have otherwise. And now that he's made that public and gotten press coverage other companies know not to hassle him too.

Re: A Great Response to a Cease and Desist Letter

#69
post #30

Earlier quoted context omitted.

"ask who owned" not "ask whom owned". "whom" isn't just a word to put in to sound educated - it's used only when the "who" is an object. Here it is not.

Years ago, someone taught me a very handy trick for determining whether to use the subject or object form: rephrase the sentence somehow so instead of who/whom, you're using he/him (or she/her, if you're so inclined). If "she" sounds right, use "who"; if "him" sounds right, it's "whom".

Your advice isn't very clear, as you're switching genders. Stick with one, lest someone think "whom" is for men and "who" for women:

If "he" sounds right, use "who"; if "him" sounds right, it's "whom".

Re: A Great Response to a Cease and Desist Letter

#70
post #41

Earlier quoted context omitted.

"ask who owned" not "ask whom owned". "whom" isn't just a word to put in to sound educated - it's used only when the "who" is an object. Here it is not.

"Whom" is archaic and generally not used in English anymore anyways. Overzealous and misguided efforts to save the word have scarred generations of youngsters.

Whom is fine, but so is using "who" in its place. If in doubt, use who.

On that note, it reminds me of a company I did some work for recently. They never used "me", only "myself": "Yes, he gave it to myself on Tuesday."

I doubt anyone would argue that "myself" is archaic, but people using it incorrectly is definitely jarring.

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