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

Facebook comments on Techcrunch was a bad idea from the beginning. It's the main reason why I started visiting Techcrunch a lot less at the time (and then other reasons added up,and I quit it for good).

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

Only works on naive people and lawyers who take advantage of them. Know your rights.

Seeking the advice of an attorney is never a bad idea.

But as far as telling them to take a flying leap, even though he is well within his rights to do so, it may cost him considerably less time and money to try to find someone to talk to on their end who is willing to listen to reason.

Someone with a lot of lawyers and deep pockets could easily bankrupt a private individual over something like this. If it were me, I would consult a lawyer and get any relevant advice. Then I would contact them, either personally or through my attorney, and try to do everything I could to cooperate with them to convince them I know nothing about the program in question.

An actual fight is the worst case scenario, and a Pyrrhic victory is likely the best outcome that could be hoped for.

There is no way they can get away with bullying you. Contact the EFF:

https://www.eff.org/pages/legal-assistance

Very good chance they will help you with this.

hey @racerrick, my mom's a retired lawyer. (for context.) lawyers issue threats the way other people say hello. if this person says to you on the phone that you have to prove that you don't own the site, guess what? you can't prove she said it, since it isn't in writing, and it's not against the law to lie about that in the first place.

you need a sharp lawyer who won't rip you off. hire one. free advice is worth every penny you pay for it. however, IN MY OPINION, if you had a sharp lawyer who wouldn't rip you off, such a lawyer would tell you how to translate "fuck off, this has nothing to do with me" into lawyer-speak.

the translation would (IN MY OPINION) be brief, clear, and non-argumentative. whatever you do, DON'T be upset by anything they say to you. provoking rash reactions is just a tactic they employ.

if I were a lawyer, AND I AM NOT, I would tell you to write a letter that looked more or less like this:

"Dear Whoever,

I read your letter with interest, and noted your request that I shut down XYZ Site. However, I am unable to cease operating XYZ, because I do not operate it, and have never operated it at any time. In fact, I have absolutely no connection to XYZ, have never had any connection to it, and am unable to help you. Good luck, and have a nice day."

Again I AM NOT A LAWYER, but that's really all you need to say. You put that in the mail, certified of course, with receipt, so you can prove they got it, and you forget this ever happened. Any aggressive, offensive noises they make other than "here is your court date" are just NOISES. Ignore them.

In the unlikely event they get you in front of a judge, the judge will hear your simple defense - "nothing to do with me" - and ask them if they have any proof of it being anything to do with you. Since they don't, it's a short conversation, and you go home.

If you find yourself saying anything further than what I just described -- "not me, got your letter, nothing I can do" -- STOP IMMEDIATELY and either hire a lawyer or shut the fuck up.

speaking of hiring lawyers, again, disclaimer: I am not a lawyer, this is not legal advice, grain of salt, your mileage may vary. seriously just hire a fucking lawyer because panicking, freaking out, and/or writing 10,000 words about this is just completely wasted energy.