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A Great Response to a Cease and Desist Letter

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Re: A Great Response to a Cease and Desist Letter

#111

Post by agilord »

kevinalexbrown wrote: post #43

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…

Why is there no push for "the looser pays all the costs" in the US? It works in many countries around the world, and it would prevent unjustified legal bullying.

Re: A Great Response to a Cease and Desist Letter

#112

Post by namank »

kevinalexbrown wrote: post #43

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…

We should start a consortium whose sole purpose is to put million dollar backings behind small companies trying to ward off trolls and assholes.

Re: A Great Response to a Cease and Desist Letter

#113

Post by EvanKelly »

agilord wrote: post #111
kevinalexbrown wrote: post #43

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…

Why is there no push for "the looser pays all the costs" in the US? It works in many countries around the world, and it would prevent unjustified legal bullying.

Would that also prevent smaller entities from suing larger ones for fear of having to eat the gigantic legal fees if they lost?

I see the benefits from both systems, not sure which I would be a proponent of.

Re: A Great Response to a Cease and Desist Letter

#114

Post by leephillips »

hobs wrote: post #106
endgame wrote: post #56

Earlier quoted context omitted.

Has scribd been useful anywhere?

Hear hear, I dont understand why people do it either, it just seems like all it adds is pagination and embedding for their pdf document which already has readers custom built for the task? If you want to make something for presentation on the web dont make a pdf.

PDF is excellent for presenting information on the web, but sribd certainly sucks.

Re: A Great Response to a Cease and Desist Letter

#115

Post by leephillips »

mherdeg wrote: post #60

There was a confusing bit in the "P.S." section in this letter which read like some kind of veiled threat to expose the city for tax fraud, or for some kind of tax-related misdeeds. What was that all about? Is it generally a good idea to put veiled threats in responses to cease-and-desist letters?

Perhaps, but there was a more serious, barely veiled threat of disbarment or sanctions against this lawyer for misrepresenting the law in his C & D. This may be why Kaplitt was able to have such a rollicking good time with no worries about blowback: he knew he had this ass over a barrel. (I thought the response was awesome.)

Re: A Great Response to a Cease and Desist Letter

#117

Post by codezero »

hawkharris wrote: post #15

It's true that most cease-and-desist letters contain awful legalese, but here's a great example of a well-written, classy one: https://brokenpianoforpresident.files.wordpress.com/2012/07/...

Unfortunately, it looks like such kindly worded cease and desist orders do not actually produce results, the person here doesn't appear to have changed the cover of the book at all.

http://www.amazon.com/dp/1621050203

Re: A Great Response to a Cease and Desist Letter

#118

Post by radio4fan »

larrys wrote: post #40

Don't agree with the humor and tact of this letter even though "it worked". "Shmucking" someone can backfire in many cases and cause a bigger problem. To be spiteful (I mean do we really know the mental state of the attorney writing the c and d?) maybe he would decide pro bono to file some action even knowing it might fail, on his own time, to defend his honor. Which this attorney would then have to defend pro bono.…

> Don't agree with the humor and tact of this letter even though "it worked".

Personally, in the UK, I would have written: "We refer you to the reply given in the case of Arkell v. Pressdram".

The reply in question was "Fuck off". This is well-known in the UK amongst journalists, lawyers and people who follow media law.

http://jackofkent.blogspot.com.es/2010/05/reply-given-in-ark...

Re: A Great Response to a Cease and Desist Letter

#119

Post by LukeShu »

codezero wrote: post #117
hawkharris wrote: post #15

It's true that most cease-and-desist letters contain awful legalese, but here's a great example of a well-written, classy one: https://brokenpianoforpresident.files.wordpress.com/2012/07/...

Unfortunately, it looks like such kindly worded cease and desist orders do not actually produce results, the person here doesn't appear to have changed the cover of the book at all. http://www.amazon.com/dp/1621050203

That page is for the first edition of the book.
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