How my comment on TechCrunch got me a Facebook Cease and Desist • Hacker News Board

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

#11

Post by racerrick » Tue, Apr 03, 2012, 5:21 AM UTC

cypherpunks01 wrote: post #5

This seems extremely strange, what does the letter actually state with regards to them believing it's your creation? And what activity do they want ceased, anyway? From what I briefly read, it's just a browser extension that doesn't talk to facebook at all, but just maintains a separate thread of conversation anchored against a facebook comment stream. Is this not the case? Also curious, are you planning to release t…

The letter states that I need to stop the service and shut down the site, both of which I have no control over!

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

#12

Post by Steveism » Tue, Apr 03, 2012, 5:21 AM UTC

rangibaby wrote: post #2

Isn't the onus on them to prove that he is guilty? IANAL but it sounds like there isn't a thing he can do.

Alas, often in the U.S. legal system it is expected of the accused to produce evidence that disproves the claims made by another party despite them not having any proof to back up their claims. The burden of proof issue can become very murky quickly.

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

#13

Post by epikur » Tue, Apr 03, 2012, 5:23 AM UTC

racerrick wrote: post #6

epikur wrote: post #4

It is my extremely unqualified opinion that perhaps you should seek the advice of a legal professional, before, um, doing anything else.

Agreed. Thank you. However spending money on a lawyer for this is painful.

I am not a lawyer, but briefly consulting a lawyer might also allow you to find out if it's possible to litigate (countersue?), and thereby recoup your legal fees.

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

#14

Post by wiceo » Tue, Apr 03, 2012, 5:24 AM UTC

More unqualified, unsolicited advice ... I'd let them pester you long enough to accumulate enough evidence for a harassment counter suit.

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

#15

Post by krrose27 » Tue, Apr 03, 2012, 5:25 AM UTC

Originally posted on your blog.

A sworn affidavit should work in a courtroom. (Not a lawyer!)

So at this point I would send a nicely worded certified letter telling them to stop harassing you.

At that point they have limited options (in my opinion). 1) Sue you because they can prove you own it in court. (At which point a simple affidavit should end your part in said suit). 2) File a John Doe suit and actually find out who runs it.

Best option would of course be to obtain a lawyer and head it off sooner than later. Also once you have yourself a lawyer you won't have to deal with their lawyers at all as they should be bared from contacting anyone but your lawyer.

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

#16

Post by jerrya » Tue, Apr 03, 2012, 5:28 AM UTC

Ask a lawyer if you can counter sue Facebook not just for lawyer fees but for damages for maliciously and falsely accusing you in public, an act that is certain to sully your reputation.

Ask a lawyer what's the best way to game this situation to increase Facebook's liability to a maximum while minimzing your risk and exposure.

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

#17

Post by notatoad » Tue, Apr 03, 2012, 5:28 AM UTC

what does a cease and decist letter actually mean? it's not coming from a court, how does it carry any weight at all?

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

#18

Post by roshanr » Tue, Apr 03, 2012, 5:29 AM UTC

droithomme wrote: post #10

Sounds like they are defaming you. If it was me, and I truly had nothing to do with this thing they are upset about, I'd greatly welcome their lawsuit, and countersue when it comes. Little guy versus the big mean corporation, let it play out. Right now they are on a fishing exposition.

The cease and desist - albeit invalid - and other legal communication was sent privately to the OP. I don't think that counts as defamation.

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

#19

Post by simonster » Tue, Apr 03, 2012, 5:30 AM UTC

droithomme wrote: post #10

Sounds like they are defaming you. If it was me, and I truly had nothing to do with this thing they are upset about, I'd greatly welcome their lawsuit, and countersue when it comes. Little guy versus the big mean corporation, let it play out. Right now they are on a fishing exposition.

IANAL, but since this was a C&D notice sent in private and Facebook never made a public announcement regarding it, I don't think it's defamation.

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

#20

Post by a5seo » Tue, Apr 03, 2012, 5:33 AM UTC

droithomme wrote: post #10

Sounds like they are defaming you. If it was me, and I truly had nothing to do with this thing they are upset about, I'd greatly welcome their lawsuit, and countersue when it comes. Little guy versus the big mean corporation, let it play out. Right now they are on a fishing exposition.

You may have a cda section 230 shield since you were merely a user of the comment section, but you are being treated as the speaker of the comment that is their evidence. It's tenuous but worth a try.

The ACLU loves CDA cases since under CA law, it's loser pay (SLAPP).