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

#21

Post by dsrguru » Tue, Apr 03, 2012, 5:37 AM UTC

This might not be the best legal advice, but I personally would let it play out as much as possible before hiring a lawyer. It is my understanding that a preponderance of evidence burden (over 50% certainty) in practice really means they have to find at least one potential problem with your defense. Since your blog post provides an explanation that is 100% rational, I'm fairly certain that means they have no case against you. It seems ridiculous to have to pay for a lawyer when you're falsely accused of a crime that you weren't even at the scene for, so to speak.

On the other hand, if this is putting too much stress on you, it might be the right call from a health perspective to hire a lawyer. Just my two cents of non-legal tender.

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

#22

Post by zrgiu_ » Tue, Apr 03, 2012, 5:39 AM UTC

So, guilty until proven innocent, is this how things work now ?

What if I go now on facebook, create an account, use the name Rick Stratton and start posting random, "incriminating" stuff all over the internet, what then ?

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

#23

Post by daegloe » Tue, Apr 03, 2012, 5:44 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.

One option is to ask a lawyer to draft a response in your name in which you clearly state that you have no connection to the offending service. You would then send that response on your personal letterhead. If FB's lawyers continue to pursue their claims, your lawyer would likely take the reins and communicate directly with the opposition on your behalf.

Another option is to remain silent and wait for a follow up from FB's attorneys before pursuing the letter strategy.

Bottom line is: consult a trained professional (lawyer). As someone who has been down a similar road, I can tell you firsthand that it may be painful but it's necessary. Remember, FB's legal budget is far larger than yours. You want to play the poor defenseless Rick card as long as you can before introducing your attorney and any legal letterhead.

Good luck!

EDIT: After reading many of the frothy comments on this page, I just wanted to add that it's generally best to avoid threatening a lawsuit, countersuit or any kind of legal claim in your response. These giant law firms love to call people on their bluffs, because they bill by the hour. Avoid boxing yourself in.

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

#24

Post by gbaygon » Tue, Apr 03, 2012, 5:45 AM UTC

racerrick wrote: post #11

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!

The site in question seems to be 404'd, so maybe you have nothing to worry about

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

#25

Post by shangrila » Tue, Apr 03, 2012, 5:47 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.

Yeah, if I were that guy I'd be playing this up for all it's worth. They're demanding that he prove it's not him, and saying that he "sound(s) guilty"? Is that a joke? If they really said that, that law firm just stepped in it big time.

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

#26

Post by daegloe » Tue, Apr 03, 2012, 5:47 AM UTC

epikur wrote: post #13

racerrick wrote: post #6

Earlier quoted context omitted.

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.

Best strategy is to avoid litigation at all costs. Because, well, it costs lots of money whether you win or lose. And if you win, collecting is a bitch in of itself.

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

#27

Post by chao- » Tue, Apr 03, 2012, 5:48 AM UTC

This seems like a freewheeling legal department trying to do its job, however poorly, with less-than-optimal oversight or communication with PR. That said I'm purely taking a stab in the dark without more details from the documents you were sent.

I seem to recall another story crossing HN over the last year with the general plot of "BigCorp is suing us for [ridiculously unrelated reason] when we have nothing to do with it!" before the bad PR hits and BigCorp issues a statement saying "Sorry. It's all cool, we didn't really mean to target you. In fact we even like you." If I can find it I will edit my post with the details.

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

#28

Post by dmoy » Tue, Apr 03, 2012, 5:54 AM UTC

This has turned into a "How my comment on on my comment on techcrunch brought down my server" case. Does anyone have a cached copy? I can't find one except for an interesting looking picture... Do want to see more.

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

#29

Post by daegloe » Tue, Apr 03, 2012, 5:54 AM UTC

chao- wrote: post #27

This seems like a freewheeling legal department trying to do its job, however poorly, with less-than-optimal oversight or communication with PR. That said I'm purely taking a stab in the dark without more details from the documents you were sent. I seem to recall another story crossing HN over the last year with the general plot of "BigCorp is suing us for [ridiculously unrelated reason] when we have nothing to do wi…

I'm afraid it's generally far worse than a freewheeling legal department. But rather a bloated law firm retained to indiscriminately "defend" the FB brand, and whose daily mission it is to continuously justify monthly billables that would dwarf most annual software developer salaries (and then some).

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

#30

Post by gcb » Tue, Apr 03, 2012, 5:54 AM UTC

notatoad wrote: post #17

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

it's a way to free the judiciary of time consuming cases. before someone with a lot of money that wanted to harass some poor bastard would take him to court on any frivolous charge and crunch him on the weight of a legal defense. That was fine and worked just fine. but it was taking too much time of the judges. So they came up with the cease and desist letter. it works the same, the rich can continue to harass the poor, but no judge have any extra work. win-win!