Lawyer Needed

Discussion in 'Site Security & Legal Issues' started by Wes of StarArmy, Feb 12, 2018.

  1. Wes of StarArmy

    Wes of StarArmy Adherent

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    A disgruntled ex-member of my forum is has contact a lawyer and is apparently sending some sort of cease and desist letter trying to get me to remove his content. I was wondering if anyone here has experience with this sort of stuff and can recommend a lawyer to me (preferably one in Atlanta).
     
  2. doubt

    doubt Tazmanian

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    It would cost you far too much.
    Are you sure that a lawyer is involved on his/her side?
     
  3. Matthew S

    Matthew S Adherent

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    IANAL, but if your user agreement includes words to the effect that users grant you/your site perpetual license to any content they post, I'd tell them to go whistle.
     
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  4. Joeychgo

    Joeychgo TAZ Administrator

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    I would do nothing until you get a letter from a law firm. If one calls or sends and email, ask for written (not email) correspondence. Then, if you get that, send them a letter back asking for the applicable law they are relying upon. etc etc. Make the lawyer do a little work, costing their client money. Like Matthew SMatthew S says, make sure your user agreement is up to snuff.

    But until you get written correspondence from a lawyer, on a law firm's letterhead -- I would just ignore the whole thing.
     
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  5. zappaDPJ

    zappaDPJ Administrator

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    I agree. I've experienced threats of this nature a few times but I don't recall anyone carry it through.
     
  6. Gnomenclature

    Gnomenclature Aspirant

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    I concur with previous posters. Drive everything to snailmail exchanges with an actual lawyer. Odds are this former user is just trying to make trouble for you but will cease and desist himself once he has to pay actual money for a lawyer. It's pretty easy to concoct an plausible cease and desist these days. I wouldn't assume there's actually a lawyer involved.

    Also I don't know what your TOS says, but if it includes the much needed clause about how the user retains copyright but you have rights to publish what they post as you see fit, if a lawyer does get involved at some point you send them a copy of the TOS with the relevant passage highlighted.
     
  7. Joeychgo

    Joeychgo TAZ Administrator

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    Yeah, me neither.

    But, its always possible that someone could pay a lawyer just to send you a letter with the hope of scaring you. Not very expensive to do that, and really it would be a bluff. Hence why I would try to continue the correspondence. I would ask questions, as for evidence, ask for time, ask for a removal fee.. All in different letters. Make the lawyer work and cost the client money. Then you'll know if its serious.
     
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  8. Pete

    Pete Developer

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    In a little over 3 months, supporting 'remove my personal information' requests will be law in Europe, and potentially other places where EU citizens are members.

    However, that doesn't mean you have to remove all their posts when it does come into effect, only the personal information. (And things like IP addresses but there are arguments you can make about that kind of thing)
     
  9. CarpCharacin

    CarpCharacin Habitué

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    You have this in your terms of service:
    You don't need a lawyer, if he sends you a cease and desist letter, ignore it.
     
  10. Wes of StarArmy

    Wes of StarArmy Adherent

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    Thanks everyone with your assistance.
     
  11. Anton Chigurh

    Anton Chigurh Ultimate Badass

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    They're going to sue "Wes of StarArmy."

    Nyuk-nyuk
     
  12. Joeychgo

    Joeychgo TAZ Administrator

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    so -- what happened?
     
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