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Local Law Complaint to Google sender COUNTRY: DE recipient [Private]
Re: Unknown Sent via: Unknown
Notice Type: Other Explanation of complaint Issue type: Defamation or insults Complaint #1 Kind of Work: Unspecified
Problematic URLs: https://plus.google.com/100182631543715587574/posts/h4xj2349AqH Jurisdictions DE Related FAQs What does it mean if the cease-and-desist letter I got has a copyright notice?
Copyright can be claimed on any original expression, but some uses of copyrighted works, including use for commentary and criticism, are fair uses, not infringement. It is highly unlikely that someone could sue successfully for the posting of a cease-and-desist notice (most notices are minimally creative; the use is for purposes of commentary and research; the amount used is necessary to the understanding; and there is no effect on a "market" for cease-and-desist letters).
Partial removal
The submitter reports that only some of the materials identified in this complaint have been removed or disabled.
What if I need to contact an attorney?
This website is meant as an aid to help you decipher Cease and Desist notices so you can make informed decisions about your course of action. If, after reading this, you think the C&D you received might have some merit, or you think you might engage your opponent in battle even if the C&D is, in your opinion, baseless, consultation with an attorney is always a good idea.
The Online Media Legal Network (OMLN) is a network of law firms, law school clinics, in-house counsel, and individual lawyers throughout the United States willing to provide pro bono (free) and reduced-fee legal assistance to qualifying online journalism ventures and other digital media creators.
You can find an intellectual property attorney at www.martindale.com or by calling your state or local Bar Association and asking for a referral.
When shouldn't I contact Lumen?
Lumen is not and cannot be your lawyer.
We cannot help you execute a request to remove online content. Lumen serves as a repository of requests made to others, along with analyses of the legal claims. We are not responsible for the removal of material.
Who is behind the Lumen project?
Lumen is an independent 3rd party research project studying cease and desist letters concerning online content. We collect and analyze complaints about online activity, especially requests to remove content from online. Our goals are to educate the public, to facilitate research about the different kinds of complaints and requests for removal--both legitimate and questionable--that are being sent to Internet publishers and service providers, and to provide as much transparency as possible about the “ecology” of such notices, in terms of who is sending them and why, and to what effect.
Our database contains millions of notices, some of them with valid legal basis, some of them without, and some on the murky border. Our posting of a notice does not indicate a judgment among these possibilities, nor are we authenticating the provenance of notices or making any judgment on the validity of the claims they raise.
Lumen is a unique collaboration among law school clinics and the Electronic Frontier Foundation. Conceived and developed at the Berkman Center for Internet & Society by Berkman Fellow Wendy Seltzer, Lumen was nurtured with help from law clinics at Harvard, Berkeley, Stanford, University of San Francisco, University of Maine, George Washington School of Law, and Santa Clara University School of Law.
Please see the About page for more information and contacts.
Does this information apply in other countries too?
Lumen is a United States organization and the majority of information on this website is based on U.S. law. Other countries' laws differ, often significantly, so you should not assume that the analyses presented here apply outside the United States. If you have further questions about non-U.S. law, we recommend contacting a lawyer in your jurisdiction.
What is the Streisand Effect?
The "Streisand Effect" refers to the likelihood of a cease-and-desist demand attracting far more attention to the complained-of material than it had before the demand.
The effect gets its name from a 2003 incident in which Barbra Streisand sued a California photographer for including aerial photographs of her Malibu house on his coastal survey website. Instead of removing the image, the photographer publicized the suit, drawing further attention to the photo. See Andy Greenberg, The Streisand Effect, Forbes. Adelman, who maintained californiacoastline.org, obtained dismissal of the suit under California’s anti-SLAPP law, and won attorneys’ fees and costs. See Streisand v. Adelman, No. SC 077 257 (L.A. Sup. Ct. May 10, 2004).
Does the First Amendment protect online speech?
The First Amendment to the U.S. Constitution says that "Congress shall make no law ... abridging the freedom of speech, or of the press." Under the First Amendment and cases interpreting it, the federal government (and states, under the Fourteenth Amendment) must meet a high level of scrutiny before restricting any kind of speech. In the first Supreme Court case dealing with the Internet, Reno v. ACLU, the Supreme Court affirmed that online speech deserves as much protection as off-line speech.
What are "treble damages"?
Treble damages are damages that, by statute, are three times the amount that the fact-finder determines is owed; also termed "triple damages."
What are "chilling effects?"
The concept of "chilling effects" or a "chilling effect" refers to the deterrent effect of legal threats or posturing, largely cease and desist letters independent of litigation, on lawful conduct. The Lumen database collects cease and desist notices and other requests to remove online content in order to to educate the public and to facilitate research about the different kinds of complaints and requests for removal--both legitimate and questionable--that are being sent to Internet publishers and service providers, and to provide as much transparency as possible about the “ecology” of such notices, in terms of who is sending them and why, and to what effect.
What is "interference with contract" or "interference with prospective business relations"?
One can be held liable for intentionally or negligently interfering with the existing or prospective economic relationships of another. (e.g. contractual/business relationships)
The 2d restatement of the law which contain general defintions of the law taken from the laws of many states, defines the tort of Intentional Interference with Prospective Contractual Relations as follows:
(a) inducing or otherwise causing a third person not to enter into or continue the prospective relation or
Usually, damages are dependent on proof that "but for" the allegedly interfering behavior, an economic relationship, the contract, would have been entered into.
Most jurisdictions and the restatement have slightly different wording for the seperate tort of interference with an already existing contractual relationship.(e.g. when a 3rd party's behavior prevents the performance of or induces the breach of a pre-existing contract)
Is a cease-and-desist letter confidential?
There is ordinarily no expectation of privacy or confidentiality in a letter sent to an adversary. Unless you have made a specific promise of confidentiality beforehand, such as in a protective agreement or NDA, a letter demanding confidentiality doesn't bind you.
What is a temporary restraining order?
A temporary restraining order (TRO) is an emergency order stopping a party from acting before the court can hold a full hearing. Generally, the TRO lasts only a short time before the other party must seek a preliminary or permanent injunction.
What is the Lumen project
The Lumen project invites recipients and senders of cease and desist notices to send them to a central point (here, at lumendatabase.org) for analysis, and to browse the website for background information and explanation of the relevant legal issues. Our goals are to educate the public, to facilitate research about the different kinds of complaints and requests for removal--both legitimate and questionable--that are being sent to Internet publishers and service providers, and to provide as much transparency as possible about the “ecology” of such notices, in terms of who is sending them and why, and to what effect.
For more about Lumen, see here.
What if the letter accuses me of something I'm not doing?
If the cease-and-desist misinterprets what your website is doing, for example claiming you're "reproducing" things you just link to, you can try to send a response that clarifies the facts -- especially if the factual difference is legally relevant. First, though, you may want to judge from the tone of the letter whether that's likely to resolve the matter, or instead just to draw more attention to you and make the requester angrier.
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