[HN Gopher] How to deal with receiving a cease-and-desist letter...
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       How to deal with receiving a cease-and-desist letter from Big Tech
        
       Author : louisbarclay
       Score  : 373 points
       Date   : 2024-01-30 14:57 UTC (8 hours ago)
        
 (HTM) web link (12challenges.substack.com)
 (TXT) w3m dump (12challenges.substack.com)
        
       | lazlobarclay wrote:
       | thanks for this, it was a great read
        
         | louisbarclay wrote:
         | Thanks brother. By which I mean, you are literally my brother
        
       | Mordisquitos wrote:
       | Given the acknowledgement that cease-and-desist letters from Big
       | Tech may be for the purpose of bullying, false, and fully
       | unenforceable, I'm disappointed that the possibility of referring
       | the sender to _' Arkell v. Pressdram'_ [0] didn't even get
       | mentioned.
       | 
       | [0] https://en.wikipedia.org/wiki/Private_Eye#Libel_cases
        
         | louisbarclay wrote:
         | Love it - will add a section with more innovative approaches
         | like this
         | 
         | e.g. was just chatting with a fellow cease-and-desist receiver,
         | Mohammed Shah, who finds comfort in using a different
         | misspelling for the name of the lawyer harassing him, every
         | time he replies
         | 
         | Great for morale
        
           | cjs_ac wrote:
           | _Private Eye_ also does this, and not only in legal
           | correspondence.
           | 
           | > The magazine often deliberately misspells the names of
           | certain organisations, such as "Crapita" for the outsourcing
           | company Capita, "Carter-Fuck" for the law firm Carter-Ruck,
           | and " _The Grauniad_ " for _The Guardian_ (the latter a
           | reference to the newspaper 's frequent typos in its days as
           | _The Manchester Guardian_ ). Certain individuals may be
           | referred to by another name, for example, Piers Morgan as
           | "Piers Moron", Richard Branson as "Beardie", Rupert Murdoch
           | as the "Dirty Digger", and Queen Elizabeth II and King
           | Charles III as "Brenda" and "Brian", respectively.[0]
           | 
           | [0] https://en.wikipedia.org/wiki/Private_Eye#In-jokes
        
       | MR4D wrote:
       | This is a vey well written article - I highly recommend anyone
       | who owns a firm to read this - even if you don't work with Big
       | Tech, it is still very useful.
        
       | alexpetralia wrote:
       | Great compilation of tips
        
       | localhost3000 wrote:
       | Used to periodically get a c&d email from FB lawyers for some
       | harmless software I published. Always completely ignored it, not
       | even responding to acknowledge receipt. It eventually stopped. I
       | figure they gave up and focused their efforts on targets who
       | showed they would be responsive to threats. It was 100% bullying.
        
         | louisbarclay wrote:
         | super useful to know - could I interview you about this to add
         | to the guide? you can find contact details on my personal site
         | louis.work
        
         | pydry wrote:
         | Was it trademark related?
        
         | dawnerd wrote:
         | Similar back when apps on profiles were a thing. Apparently
         | doing things like creating a scoreboard for pokes was against
         | the terms.
        
         | londons_explore wrote:
         | Even acknowledging receipt gives them a lot of power.
         | 
         | Remember that they probably have a list of hundreds or
         | thousands of C&D's to send, and if you don't respond they would
         | probably need to file a john doe lawsuit to get your identity
         | from your ISP, and it's unlikely that all that effort is worth
         | it to them.
        
           | ericmcer wrote:
           | It would be funny if legal teams at huge companies have OKRs
           | and evaluations. "You hit your target of 250 C&Ds this
           | quarter great work". Justifying your paycheck is scarier when
           | thinking about the legal dept.
        
             | litenboll wrote:
             | Do you know they don't? Otherwise I would assume they have
             | dumb incentives like that. In my previous company the legal
             | team measured the number of "takedowns" of countefeit merch
             | etc. as a key number. I assume this helped to hurt their
             | effort to prevent counterfeit in the first place.
        
         | edm0nd wrote:
         | Good ole Perkins Coie.
        
         | KieranMac wrote:
         | It is worth pointing out that FB has a long history of
         | litigating this issue, from Power Ventures, to BrandTotal, to
         | Octoparse, to Voyager Labs and more. And they have about 80-90%
         | track record of success. Obviously, they send C&Ds more often
         | than they file litigation. But to act as if this is a
         | completely idle threat is naive.
        
       | zanfr wrote:
       | easy, there is a convenient device called a trashcan this is
       | where such letters go
        
         | systems_glitch wrote:
         | Remember, though, that in many places ignoring something can
         | put you at risk for a default judgement at a later date. It'd
         | be _nice_ if we could just ignore troll trash : /
        
           | patmcc wrote:
           | Ignoring a court summons or lawsuit or something, sure,
           | that's risky, don't do that. Last thing you want is a default
           | judgement.
           | 
           | A C&D letter? Nah, you're 100% safe (legally) to throw that
           | in the garbage.
        
             | dragonwriter wrote:
             | The main potential _legal_ impact of a C &D letter is that,
             | to the extent that _notice_ is relevant to the existence or
             | degree of liability, itay give you enhanced liability after
             | the letter than what you had before. Other than that, yeah,
             | its just basically a formally-written "please stop" letter.
             | 
             | Of course, there's always a possibility that the party
             | sending it follows through on the at-least-implicit threat
             | of litigation.
        
       | lgleason wrote:
       | The best thing to do is to know that law and your legal rights.
       | Anybody can write a cease and desist. It is a first step towards
       | a lawsuit, but given how inexpensive they are to write they are
       | an easy way to intimidate small businesses.
        
         | louisbarclay wrote:
         | Yep, that's true - also something I need to reflect in the
         | guide is it's important to understand which jurisdiction you're
         | under, since that'll affect your rights
         | 
         | Usually the terms of service you sign up to make it clear which
         | jurisdiction disputes would be adjudicated in
         | 
         | For me, as a UK citizen/resident it was Ireland. Which is great
         | since I've never been there, but I've heard their courtrooms
         | are lovely in the springtime
        
         | ransom1538 wrote:
         | I worked on a controversial app. I generally take the letter
         | then throw it into the trash. I did this for 4 years, never had
         | an issue. Github was the only one that seemed to want blood -
         | then banned me. They would send me weird emails, trying to
         | trick me to admit fault. They would also track new accounts I
         | made (ip) and send taunting letters. They gave up eventually
         | too.
         | 
         | Looking back, these companies can send these things out for no
         | cost, looking for you to mess up by replying. If they want to
         | sue you, don't worry, it will happen.
        
           | JohnFen wrote:
           | > If they want to sue you, don't worry, it will happen.
           | 
           | As my attorney once opined: if they really want to sue you,
           | the first thing you'll hear from them will be about the
           | lawsuit they filed, not a C&D.
        
             | denton-scratch wrote:
             | On the NANAE newsgroup, law firms would often pop up
             | threatening legal action against blocklist maintainers or
             | mailadmins; the standard response was "Where is your
             | writ?".
        
         | KieranMac wrote:
         | The best way to perform surgery is to read a few articles
         | online and then get to cutting!
         | 
         | It is certainly true that anyone can respond to a C&D letter.
         | But whether you can do so without doing more harm than good is
         | another question.
        
       | irisgrunn wrote:
       | How would something like this go with an open source project?
       | Other people could have forked it already, so taking everything
       | down is impossible.
        
         | rwmj wrote:
         | Someone tried this with an open source project I ran called
         | bitmatch (now bitstring: https://ocaml.org/p/bitstring/latest/d
         | oc/Bitstring/index.htm...). They were running some scanning
         | software that matched bits inside binaries, and felt they could
         | threaten anyone who dared to use the word "bitmatch".
         | Trademarks don't work like that since they only protect a
         | narrow field of endeavour, not "no one can ever use this word".
         | 
         | They sent the C&D to my employer which made everything much
         | more complex. I usually would have ignored it, but my
         | employer's legal department was on my back about it, so I
         | renamed the project to bitstring. For years my project was
         | still top of Google search for "bitmatch". (I tried it now and
         | I notice it's a different, Rust project, so the guy still
         | didn't win in the end.)
        
         | JohnFen wrote:
         | You are not responsible for what other people do, only what you
         | do. If you feel the need to comply with a C&D by, for instance,
         | taking down your work, you take down the repositories you are
         | in control of and don't worry about others who forked the work.
         | Worrying about them is the complaining company's job.
        
         | louisbarclay wrote:
         | I am completely unclear on whether publishing your project open
         | source gives it (at least, the code, if not any deployed
         | version) any kind of protection if Facebook etc. target it
         | 
         | I would love to get a lawyer's take on that, although I guess
         | it would differ by jurisdiction - California and Ireland are
         | probably the two key ones for most big tech
        
       | mvkel wrote:
       | Cease and desist letters are cold emails.
       | 
       | It can scary to receive one, but once you unwind what the
       | accusing party has to gain from it, you realize it has as much
       | teeth as a tweet.
        
         | User23 wrote:
         | They can perhaps be used to establish willful infringement if
         | it ever does go to court.
        
           | KieranMac wrote:
           | Also, notice is a component of many legal claims.
        
       | jpm_sd wrote:
       | Suggested edit: in your "handy rule of thumb", delete
       | outside of official APIs or services
       | 
       | since (1) official APIs and services are constantly getting
       | redefined and (2) what's stopping them from deciding they just
       | don't like how you're using the official APIs/services?
        
         | louisbarclay wrote:
         | Good point. And thinking about it, I know cases where people
         | have received C&Ds anyway while only using official APIs and
         | services. Will edit
        
       | JohnFen wrote:
       | This is a great writeup.
       | 
       | I am not a lawyer, but I've received several C&Ds for various
       | things over the decades. The first one scared me to death. The
       | second and subsequent ones did not, because I understood what
       | they were: just the company saying "I don't like what you're
       | doing".
       | 
       | When I receive a C&D, the first thing I do is talk to my attorney
       | and go over what the C&D is complaining about. If I think I'm
       | doing something that could be legally risky (which does not
       | automatically mean doing something actually wrong), then I change
       | that. Otherwise, my attorney acknowledges that the C&D was
       | received and I ignore it. If they really have a serious beef with
       | what I'm doing, they need to actually sue me. I have yet to be
       | sued.
        
         | mysterydip wrote:
         | What's the proper course of action if you don't have an
         | attorney?
        
           | throwup238 wrote:
           | If you eat the stationary that the C&D is printed on, it's
           | like it never existed (IANAL).
        
           | gwright wrote:
           | I'm going to avoid the snarky "hire an attorney" answer but
           | once you get past that necessary first step I do have a few
           | tips:                   * get comfortable reading legal
           | documents, this will allow you to have more
           | intelligent conversations with your attorney         * don't
           | let your attorney make your business decisions, one of their
           | jobs is to           point out risks, one of your jobs
           | (owner/ceo/leadership) is to figure out how           to
           | mitigate risk but that is not the same thing as avoiding all
           | risks         * learn to draft legalese, it will help
           | minimize your attorney's billable hours
        
             | mysterydip wrote:
             | I appreciate that. As someone with a hobby making software,
             | I can see the need for hiring at some point but I don't
             | even know where to start. Do you just look up one online
             | and call and say "I got a nasty letter, will you be my
             | attorney"? Is there some kind of ongoing subscription cost
             | to keep being "my attorney" or just pay per hour when you
             | have an issue?
        
               | chociej wrote:
               | For small, transactional dealings where the amount of
               | work is easy to predict, there may just be a fixed fee
               | for that.
               | 
               | For more open-ended work, it is often billed by the hour
               | (time and expense). If the work is non-trivial, they may
               | ask for a retainer, which is a down payment against
               | future hourly work and expenses incurred by the firm.
               | 
               | Another common billing model, called contingency, is
               | generally reserved for cases where the firm is optimistic
               | they will be able to receive a significant monetary
               | judgment or settlement, which they will take part of for
               | their time and effort.
        
               | hiddencost wrote:
               | Getting connected to an attorney by someone you trust is
               | the best path. Just picking one after googling is
               | dangerous.
               | 
               | Expect to pay more than you expect to pay.
               | 
               | ETA: America is a "pay to play" country, and those
               | payments are mediated by lawyers. What I mean is:
               | enforcement of laws mostly happens via suing people, and
               | you need to be able to pay an attorney to win that suit.
        
               | ncallaway wrote:
               | I'd start by asking people around you if they know an
               | attorney. Recommendations from people you know will
               | almost always be more valuable than a Google search.
               | 
               | If you don't know anyone that would be in the area of law
               | that you're looking for, ask for _any_ attorney
               | recommendations, then ask those attorneys for
               | recommendations for people in the area of law you need.
               | 
               | If you absolutely cannot find a lawyer through people you
               | know (and, really, try asking people), then you can look
               | up a lawyer referral service for your state. Most state
               | or county bars will have some program for making
               | referrals to lawyers. Often these will have a low-ish
               | flat fee, which will get your a short initial
               | consultation with a few lawyers in the relevant area of
               | law.
               | 
               | For billing, it's something to ask your lawyer, thought
               | most lawyers will have some kind of billing program where
               | you pay hourly for what you use, and don't need to pay
               | some ongoing fee just to have the lawyer as "your
               | lawyer". Small business that only need a lawyer for a few
               | hours a couple times a year aren't uncommon clients for
               | business lawyers.
        
               | KieranMac wrote:
               | The problem with this advice is that this is a very niche
               | area of law. Unless the people you know have had prior
               | experiences with data-access/web-scraping legal issues, a
               | generalist recommendation is very unlikely to be helpful
               | here.
        
               | ncallaway wrote:
               | > If you don't know anyone that would be in the area of
               | law that you're looking for, ask for _any_ attorney
               | recommendations, then ask those attorneys for
               | recommendations for people in the area of law you need.
               | 
               | Attorneys know attorneys. I'd still recommend starting
               | with your network, then asking those attorneys who they
               | would recommend for the services you need. Or ask them if
               | they know anyone that might be able to refer you.
        
               | KieranMac wrote:
               | There are probably two dozen specialists on this issue
               | nationwide. A properly targeted Google search will
               | outperform your personal network of attorneys (and their
               | network of attorneys) 99.9% of the time.
        
               | JohnFen wrote:
               | > I can see the need for hiring at some point but I don't
               | even know where to start.
               | 
               | I have advice for this. Most attorneys, at least in my
               | area, will sit down and talk with you at no charge. My
               | advice is to take advantage of this _before_ you have an
               | actual issue that needs attention and talk with a few of
               | them. Investigate them, talk to their clients if you can,
               | ask about them with professional organizations, etc.
               | 
               | And then just use them for routine stuff every so often.
               | Run contracts by them before you sign, etc. The idea is
               | that you want to develop a relationship with them so that
               | you and they know each other. Then, if something comes up
               | where you really need an attorney, yours is already very
               | familiar with you and what you're doing.
               | 
               | > Is there some kind of ongoing subscription cost to keep
               | being "my attorney" or just pay per hour when you have an
               | issue?
               | 
               | There is a concept of keeping an attorney "on retainer"
               | -- which basically means prepaying for legal services. At
               | a small scale, this isn't worth doing. Treat your
               | attorney like your auto mechanic: keep a relationship
               | going, go to them for your oil changes and other routine
               | stuff, and pay by the hour. Then when you need important
               | work done, they're primed and ready.
        
               | KieranMac wrote:
               | This is all good advice.
        
             | chaps wrote:
             | I often need legal support for things (CFAA threat every
             | few years and litigation for FOIA work), and this list
             | matches my experiences. A lot of the work is just building
             | a relationship with an attorney or firm you can trust.
        
             | phasetransition wrote:
             | As the (non lawyer) who fell into managing all US legal
             | firm interactions for my day job, I support this list.
             | 
             | If you are comfortable with legal documents; have a law
             | dictionary to understand what specific language means; and
             | read historical case law on the topic in question, you will
             | be well prepared to have a seat at the table with your
             | attorneys.
        
               | feoren wrote:
               | > read historical case law on the topic in question
               | 
               | Is this even at all accessible to anyone who isn't
               | already in a major law firm? I'm assuming it requires
               | some sort of thousand-dollar subscription to an
               | exploitative publishing house?
        
             | rendaw wrote:
             | Okay, since you failed to avoid the snarky "hire an
             | attorney" thing, I'm going to ask: how much would it
             | reasonably cost to hire an attorney for advice on this?
             | Assuming the contacting lawyer is on shaky ground. No "it
             | depends" please, a ballpark.
             | 
             | Maybe it's cheaper to have one on retainer. How much per
             | month, if like a normal citizen your only daily legal risks
             | are random megacorporations threatening you?
             | 
             | Should everyone in the US have a lawyer on call? Should we
             | consider it a normal tax for being a member of the US legal
             | system? An insurance everyone signs up for like drivers
             | insurance and life insurance? Is this only a concern for
             | software developers?
        
               | coldpie wrote:
               | > Should everyone in the US have a lawyer on call?
               | 
               | I had a coworker at a previous job who often talked about
               | "her family's attorney." I'm like, families have
               | attorneys? I don't think I've talked to a lawyer once in
               | my life.
        
               | nick222226 wrote:
               | I would guess later in life when your insurance agent or
               | tax prep person find out you didn't fill out a will yet
               | and introduces you or encourages you to have an attorney
               | write one with you. Now your family has an attorney! That
               | or going through a family estate.
        
               | Culonavirus wrote:
               | A coworker's wife's friend is an attorney. So he's "his
               | family's attorney" now, because of course he is. My
               | landlord is a dentist, so he's my dentist now, because of
               | course he is... That's how it mostly works... I guess :P
        
               | HeyLaughingBoy wrote:
               | The only time I've ever needed a lawyer was for a small
               | side business I had at the time. One of our customers had
               | an unpaid invoice that was past 90 days, and they were
               | not responding to phone calls. Happily, my business
               | partner's brother was a lawyer and she asked him to send
               | out a dunning letter. We had the money within days :-)
        
               | Culonavirus wrote:
               | Yea, they're a useful bunch, especially if you know one.
               | Back when I worked for an e-commerce site, we were
               | deciding if we're gonna implement package splitting CoD
               | (cash on delivery) for multi-package orders, or if we're
               | gonna just slap the entire sum on the first package (this
               | seems like an easy enough job, but when you have many
               | shipping service APIs you have to work with and you have
               | automated CoD back-reporting that goes into your
               | invoicing, it becomes annoying). We did the easier thing
               | and just sent a pre-drafted dunning letter to people who
               | took the CoD-less packages for free and did not pay for
               | the first one with CoD. Worked like a charm.
        
               | wharvle wrote:
               | I always feel like there's a whole rule-book of "how to
               | Do Life" that I didn't get, for this easing-into-the-
               | upper-middle-class and/or doing-serious-business-stuff
               | shit, that other people _just know_ , because of who
               | their families are and who they grew up hanging out with.
               | 
               | I gather the version of that I _did_ get was the middle-
               | class version--which some others didn 't get and have a
               | similar "wait, that's just _normal_? " reaction as I do
               | to the upper-middle stuff. Like 90% of that's basically
               | credit-related--how credit cards work and how to use
               | them, how to build credit, how to buy a house (generally
               | with a mortgage, so, still basically a credit-related
               | thing), that kind of stuff.
               | 
               | I've noticed similar things when it comes to paying
               | others to do stuff for me. Having a house cleaner come in
               | for the first time was fucking _weird_. Still is, really.
               | I can 't relax, feel like I ought to be helping. Or
               | paying someone to do work on my house that I _could_ do--
               | tiling, drywalling, some light electrical, plumbing, most
               | general home-improvement stuff. It feels gross--I don 't
               | think it does for those who grew up with that stuff being
               | normal. I suspect it's a barrier to advancing in
               | business, because those attitudes carry over. Delegation
               | is _weird_ to me. Being someone 's boss is horribly
               | uncomfortable. The notion of starting a business and
               | hiring employees to take over stuff I've been doing feels
               | icky and wrong, and no amount of one part of my brain
               | telling another part to knock it off makes that go away.
        
               | SoftTalker wrote:
               | Yep I'm with you, I am absolutely loathe to hire anyone
               | to do something I could do myself. I've done major home
               | repairs, painting, flooring, kitchen and bath remodels, I
               | do almost all my own auto repairs and maintenance, I do
               | my own laundry, I clean my own house, I cut my own grass.
               | I have neighbors who just pay for someone to do all that
               | without a second thought.
        
               | KieranMac wrote:
               | There are certain tasks that you would never do yourself,
               | such as surgery. And there are certain tasks like
               | changing your oil where anyone with patience and
               | diligence can do it themselves. It's just a question of
               | whether you want to spend the time to learn it and do it.
               | 
               | Responding to a C&D letter from a Fortune 50 company, I
               | would posit, is more like performing surgery than
               | changing your oil. The cost of being wrong is rather
               | high.
        
               | SoftTalker wrote:
               | Right, that's the "I could do myself" part.
               | 
               | Though I've generally been disappointed with the legal
               | services I've hired. Law and medicine seems like most
               | professions, there are some really good practitioners and
               | a lot who are mediocre but have passed the minimum
               | required qualifications, and it's hard for an outsider to
               | immediately spot the difference.
        
               | KieranMac wrote:
               | Speaking of surgery, here's an analogy that might be
               | helpful.
               | 
               | Five years ago I had a catastrophic ankle injury I
               | suffered while running in Moab. Two broken bones, lots of
               | torn ligaments, and otherwise irreparable damage without
               | serious surgery.
               | 
               | I interviewed a whole bunch of surgeons before I decided
               | where to go under the knife. And I don't remember where I
               | got the advice, but someone told me the most important
               | question to ask is: "How many times have you performed
               | this specific surgery (a Maisonneuve fracture repair)?"
               | 
               | I eventually found the Steadman clinic and a doctor who
               | had already performed the exact surgery I needed nearly
               | 100 times. Everyone else's answer was less than 5. Some
               | even answered 0. The surgical clinic I used had signed
               | pictures of professional athletes all over the wall. I
               | found the true specialist, and I'm very thankful that I
               | did.
               | 
               | Even bad lawyers and surgeons are expensive. When you
               | have a bet-the-business legal issue, do plenty of
               | advanced interviewing to make sure that the one you hire
               | has plenty of experience with the exact issue you need
               | help with. If it's not obvious that you've found the
               | right person, keep looking.
        
               | JohnFen wrote:
               | > Having a house cleaner come in for the first time was
               | fucking weird. Still is, really. I can't relax, feel like
               | I ought to be helping.
               | 
               | A long time ago, I had a house cleaner come in once per
               | week to do deep cleaning stuff. It was quite a luxury!
               | However, I always spent a couple of hours cleaning the
               | house in preparation for their arrival.
               | 
               | What I've noticed is a shift with age and wealth. When I
               | was young and poor, I had time and energy in abundance
               | and never hired people to do anything for me (excepting
               | for specialized things like medical care). Now that I'm
               | old and more comfortable, I don't have any issue hiring
               | people to do things I can technically do myself.
               | 
               | I look at it this way: whether you hire someone or DIY
               | it, you're paying something to get it done. If not money,
               | then time and effort. I just pay in the manner that, big
               | picture, costs me the least. When young and poor, my time
               | and effort was worth less than actual money. Now, money
               | is often worth less than my time and effort.
               | 
               | Is it worth paying $50 to have the neighborhood kid mow
               | my lawn for me? Younger me would say absolutely not.
               | Current me says absolutely.
        
               | tgsovlerkhgsel wrote:
               | I think in most Western countries, "low triple digits" is
               | a good ballpark estimate for "advice" - i.e. a "holy shit
               | this is like a month's worth of living cost" amount if
               | you're a poor student, or completely negligible if you
               | work in a highly paying job.
               | 
               | You might even get an initial consult for free. You may
               | also be entitled to a free consultation via an insurance,
               | including collective insurances or assistance programs
               | offered through your employer or associations that you're
               | a member of.
        
               | phasetransition wrote:
               | Most smaller firms will require a retainer. $5k is fairly
               | common. I've been able to work with several large firms
               | for work, and several smaller firms for personal stuff.
               | 
               | Personally, I much prefer the larger firms. In general
               | their work product, responsiveness, and timeliness is
               | well ahead of small firms. They aren't even that much
               | more expensive for some things. Unfortunately I don't
               | know what the retainer $$ would be, if any, for a larger
               | firm.
        
               | phendrenad2 wrote:
               | Sigh. 5k is three months rent for many people. It's not
               | surprising that we don't see more bootstrapped startups
               | from underprivileged people.
        
               | zhengyi13 wrote:
               | Depending on whose advice you value, Deviant Ollam has a
               | video on YouTube entitled "Lawyer, Passport, Locksmith,
               | Gun"[1] where he makes the argument that yeah, you
               | probably should have a lawyer as part of a broader
               | personal risk-reduction strategy.
               | 
               | (I understand folk might take particular issue with that
               | last as part of "risk reduction", but I hope that doesn't
               | detract from the earlier parts of the strategy)
               | 
               | [1]: https://www.youtube.com/watch?v=6ihrGNGesfI
        
               | brendoelfrendo wrote:
               | The reason why "it depends" is so often the answer is
               | because legal questions are very situational and fact-
               | specific. You'd need to consult with a lawyer on your
               | specific situation to get an answer.
               | 
               | But, generally speaking, a quick consult and having a
               | lawyer write a response letter is a few hundred dollars.
               | Let's ballpark it as $300-1000, depending on the nature
               | of the case. Now, that's assuming that the company that
               | sent you the C&D doesn't sue you. If they sue you and you
               | go to court, the lawyer fees go up quite a bit and become
               | pretty much impossible to ballpark (though I'm sure
               | someone has tried).
               | 
               | Having a lawyer on retainer isn't really necessary. It
               | might be something you do if you're a business that
               | doesn't have a lawyer on staff, but you want access to a
               | lawyer's time when you need it. For most regular folks, I
               | can't imagine setting up a retainer until you need to
               | engage a lawyer for a case and want to guarantee their
               | time.
        
               | JohnFen wrote:
               | My attorney charges me about $200/hr. Most things I talk
               | to him about require less than an hour of billable time.
               | 
               | Also, I've been working with him for so long (including
               | on a few nontrivial things like selling companies) that
               | he often doesn't charge me at all for trivial things.
        
             | hodgesrm wrote:
             | > * get comfortable reading legal documents, this will
             | allow you to have more intelligent conversations with your
             | attorney
             | 
             | Another tip. Hire an attorney who will teach you how to do
             | this effectively. A simple rule of thumb is to consult with
             | an attorney when you don't understand something. A good
             | attorney will walk you through the issue, explain the
             | possible ramifications, and (most importantly!) show you
             | the standard response(s). Next time you can do it yourself.
             | Also, you'll ask more focused questions the next time a
             | novel issue pops up on that topic. That also saves money.
             | 
             | In summary, think of your attorney as a mentor not a robot
             | to provide legal advice.
        
             | NikolaNovak wrote:
             | I feel in particular your second point is similar to a
             | security officer. Their job is to identify risk and propose
             | the safest approach. But in extreme, the safest approach is
             | to shutdown and do nothing - the only truly unbreakable
             | system.
             | 
             | For any functioning system, ultimately a business owner
             | will need to decide (formally and explicitly, or informally
             | and implicitly) what risk they're willing to accept to
             | proceed.
             | 
             | What you're saying I think is that you should be _informed
             | enough_ to have an intelligent conversation with your
             | attorney, and be able to make decisions on what risk they
             | point out you 're willing to take, and/or how you can
             | mitigate it without just avoiding/shutting down?
        
           | JohnFen wrote:
           | My main piece of advice is to get an attorney, preferably one
           | who has experience in your industry.
           | 
           | They know more about how this stuff really works than you or
           | I ever will, and you won't be able to judge what risk you're
           | really taking without that knowledge.
           | 
           | But, if I were operating "without a net" like that (which I
           | would never do!), and I really felt that the C&D was about
           | something I wasn't doing wrong, I'd be inclined to ignore it.
           | There's chance that you'll end up being sued, though, so you
           | should be prepared for that possibility. That means you'll
           | need an attorney anyway, and it will cost more than
           | consulting one about a C&D to begin with.
        
             | HeyLaughingBoy wrote:
             | > They know more about how this stuff really works
             | 
             | That's really the key. I used to work for a very small
             | company that happened to have an attorney as one of the
             | owners (there were a _lot_ of cooks in that particular
             | kitchen!). One day he came to me with a letter from a large
             | RAM manufacturer demanding payment for a license on some
             | technology I don 't even remember. His only question was
             | "do we use anything they make as far as you know?"
             | 
             | "Nope."
             | 
             | "OK. It's just a fishing expedition." Balls up the letter,
             | throws in the trash and walks away.
        
         | bigfatfrock wrote:
         | Multiple C&Ds?! You make me realize I might not be living the
         | adventure I should be.
        
           | nostromo wrote:
           | They're usually more boring than you might realize. For
           | example, if your new business's trademark is similar to an
           | established company's.
        
             | JohnFen wrote:
             | Yes. Most of the C&Ds I've received have been mundane. My
             | favorite one was over a set of game rules that I wrote that
             | were very vaguely similar to a board game that was on the
             | market.
             | 
             | That one was so ridiculous that I didn't consult my
             | attorney at all about it. I just told the company to sue
             | me. I never heard from them again.
        
               | ben_w wrote:
               | Mine was where a customer who had signed a contract with
               | ${company} to make and distribute an app, sent a C&D to
               | stop distributing the app.
               | 
               | Not even sure how that happened. New lawyer? Lost
               | paperwork?
        
             | zamadatix wrote:
             | Yeah, we received one about having t-shirts that said
             | "network ninja" for instance. We held a small party that
             | afternoon celebrating that someone actually noticed our
             | marketing.
        
           | JohnFen wrote:
           | I think I've just been doing this for a long time.
        
           | stephenhuey wrote:
           | Before we sold our fintech SaaS startup in 2015, we received
           | a C&D from Dealogic and I thought, wow, we've made it into
           | the big leagues! My adrenaline wore off pretty quickly
           | though, because after our attorney sent them a defiant letter
           | warning their London law firm to not mess with a Texas LLC,
           | we never heard from them again. We were flying below the
           | radar, so we just surmised some Dealogic customer had showed
           | a Dealogic sales rep our product, and they probably carpet
           | bomb anytime they see anyone playing anywhere near their
           | entrenched & wildly expensive product.
        
             | hnthrowaway0328 wrote:
             | Never heard about Dealogic so I just Googled -- the title
             | of the click says:
             | 
             | > Dealogic: A trusted partner to top financial firms
             | worldwide
             | 
             | Oh well, I probably don't need to dig deeper to know what
             | it does then.
        
               | pinkmuffinere wrote:
               | At the risk of sounding very dumb -- what were you able
               | to determine from that? I have no idea what it means,
               | almost sounds like the mafia
               | 
               | Edit: their about page sounds even more mafia-esque.
               | "Dealogic connects banks and investors in the only truly
               | global network... Firms who use Dealogic see results in
               | increased profitability and productivity... Whether you
               | want to analyze wallet share, execute a deal, align
               | operating units, manage risk, or comply with regulation,
               | there is only one answer."
        
               | dpedu wrote:
               | > what were you able to determine from that
               | 
               | I interpret this as: a company that is successful not
               | because it provides a service that is useful or good, but
               | one that other companies - in this case "financial firms"
               | - are FORCED to buy, usually through compliance or
               | regulatory means.
               | 
               | Think of it like an auto insurance company advertising
               | themselves as "your trusted partner on the roads." Yeah I
               | guess, but it's still meaningless.
        
               | stephenhuey wrote:
               | I'm not as familiar with the compliance part of their
               | solution, so there could be some of what you're talking
               | about. I don't think their software is totally useless,
               | just possibly, um, over-priced, and needing competitors.
               | :)
               | 
               | Our lightweight SaaS was focused on analytics related to
               | share of wallet and return on capital and improving
               | insights into client relationships. With our tool, an
               | investment banker could perform some tasks in seconds or
               | minutes that normally an MD expected a junior analyst to
               | do in hours or days. Not rocket science, but useful. And
               | not as expensive as Dealogic. I wish I could say our
               | creation was taking the world by storm, but we haven't
               | been involved for many years and as so often happens with
               | acquisitions, they didn't really execute well on our
               | original target audience and took it in another
               | direction.
        
               | cutemonster wrote:
               | The answer is to have Dealogic give them an offer they
               | cannot refuse?
        
               | EdwardDiego wrote:
               | It's sounds like the EPIC pitch in the EHR sector.
               | 
               | EPIC - because everyone else is using it, and boy it sure
               | is hard for our large company to share data with a
               | competitor's product, be a shame if a patient suffered
               | because of it.
               | 
               | But at least it's only in one market, which meant the
               | Feds could step in.
               | https://www.healthit.gov/topic/information-blocking
        
           | michaelbuckbee wrote:
           | Over the years, I've collected quite a few C&Ds from various
           | projects:
           | 
           | - Google for creating a mention tracker I was distributing as
           | a mac dashboard widget
           | 
           | - Netflix for creating a DVD barcode to Netflix queue ios app
           | (they were trying to to antagonize their retail partners too
           | much at the time apparently)
           | 
           | - Microsoft for abusing some of their early text to speech
           | DLL's for a really crappy RSS to Audio "podcast" app (they
           | were meant for server side telephony apps)
           | 
           | - LinkedIn + Salesforce for linking their data with a Chrome
           | extension
           | 
           | - Hubspot for mentioning their Inbound conference and saying
           | that my software worked with theirs
           | 
           | Thinking back now these are all quite old, I don't know if
           | the companies have become more lenient or I've become more
           | cautious.
        
         | hodgesrm wrote:
         | > I am not a lawyer, but I've received several C&Ds for various
         | things over the decades. The first one scared me to death.
         | 
         | The first time I got a letter for a trademark issue it seemed
         | completely hostile and threatening. My lawyer said, basically,
         | that it was no big deal and that they were in fact being pretty
         | nice. We answered back and everything was resolved amicably. It
         | actually turned out well because it made me realize we had not
         | been paying enough attention and were unthinkingly referencing
         | other brands instead of our own.
        
         | bokohut wrote:
         | Multiple C&D recipient here as well which upon receiving the
         | first, as some commenters have shared, I too may have needed an
         | underwear change while reading the legal verbiage. However as
         | with many things in life though once you get through the
         | initial experience the latter experiences only get easier. My
         | personal take is I must be doing something of value if other's
         | lawyers are writing me threatening letters. IANAL so YMMV
        
           | person23 wrote:
           | >once you get through the initial experience the latter
           | experiences only get easier.
           | 
           | Just for clarification, do you mean soiling your underwear or
           | dealing with a C&D?
        
             | hyperdimension wrote:
             | You eventually get used to either, I suppose.
        
         | dheera wrote:
         | It's weird to me that big tech hasn't thought about offering a
         | financial reward with C&D's.
         | 
         | "We will pay you $10000 if you C&D" seems like pennies to them,
         | much less than the cost of legal fees, a nice amount of cash
         | for a personal project that hasn't monetized yet.
         | 
         | Or a job
         | 
         | "We will give you a job offer to work on X if you C&D your own
         | work on X"
         | 
         | also seems like a great strategy. If someone has already
         | demonstrated enough talent to be a threat to your company, it
         | seems like it would make full sense to try to hire them.
        
           | bluefirebrand wrote:
           | > Or a job. "We will give you a job offer to work on X if you
           | C&D your own work on X
           | 
           | I'm honestly surprised this doesn't happen more in the gaming
           | industry with companies buying big name mods and hiring the
           | mod writers.
           | 
           | I know a lot of mod writers would probably be opposed because
           | they actually just want to make free stuff, but some would
           | probably launch careers off of it.
        
             | ntqvm wrote:
             | This exact situation happened with Roblox - they shut down
             | then hired the biggest cheat developers for their game.
             | Kinda funny.
        
               | bluefirebrand wrote:
               | Yeah, there are examples of it happening here and there.
               | That's part of why I'm surprised it doesn't happen more.
               | It seems like an easy avenue to hire talented and
               | passionate people who want to work on your thing.
        
       | jdsully wrote:
       | The premise of this article is that you somehow have to respond
       | to it which is nuts. If the letter is ridiculous (e.g. citing
       | terms of service you did not sign) then you're better off to
       | ignore it and not waste money on legal fees. Also everyone who
       | suggests getting a lawyer has probably not had to hire one in the
       | past. With very few exceptions they will tell you it "depends"
       | and maybe give you a few legal terms you can google. If you are
       | lucky a good lawyer will give you their opinion on the merits of
       | the letter but many will be so guarded it's not useful.
       | 
       | A C&D costs the sender almost nothing and is not the same as
       | actually being sued. Very rarely are they serious enough to
       | actually file something. If that does happen you _should_ get a
       | lawyer at that point, but doing it before is just a waste of
       | money.
        
         | encomiast wrote:
         | Not sure we read the same article. The first point under
         | "Decide how to respond" is "1. Ignore" (although it suggests
         | this is risky if ignore includes continuing what lead to the
         | C&D)
        
           | jdsully wrote:
           | #1 is to "pause immediately". Much further down in the
           | article they get to the ignore option.
        
         | hodgesrm wrote:
         | If you have not received a C&D before then the reason to
         | consult with an attorney is to evaluate the risk. A lot of
         | legal trouble arises from assuming you understand something
         | when you actually don't. (Ask me how I know.)
        
           | phendrenad2 wrote:
           | How do you know?
        
             | hodgesrm wrote:
             | Signed a legal document in support of an open source
             | initiative against patents that had a section that was
             | confusing and hard to understand. I remember thinking it
             | was probably no big deal and anyway the document was for a
             | good cause.
             | 
             | A couple years later that section had legal consequences
             | almost derailed a major transaction involving our company.
             | We could have avoided the whole thing by checking with our
             | lawyer first. Moral of the story: never sign any legal
             | document you don't understand.
        
           | baobabKoodaa wrote:
           | > If you have not received a C&D before then the reason to
           | consult with an attorney is to evaluate the risk.
           | 
           | The poster you are responding to just explained that most
           | lawyers are too guarded to offer a useful evaluation of the
           | risk, thus rendering their advice useless or low value.
        
             | hodgesrm wrote:
             | That is a bad reason not to consult with a lawyer. Hire a
             | good one who knows the business you are in.
        
               | baobabKoodaa wrote:
               | And how exactly is a normal person going to evaluate
               | which lawyer is a "good one" and which is not?
        
       | phpisthebest wrote:
       | >>It matters if you have money, time, and willpower to go to
       | court.
       | 
       | This is why we need some version of Loser Pays law... Especially
       | when there is a huge resource imbalance like a FB suing a lone
       | dev.
        
       | nico wrote:
       | Very good post, also kind of depressing how big companies can
       | easily squash the little guys
       | 
       | > It doesn't matter if you're right. It matters if you have
       | money, time, and willpower to go to court
       | 
       | There are some exceptions to this, but for probably 99% of cases,
       | this is true
       | 
       | I've personally been on the receiving end of a litigious
       | situation, facing a very wealthy individual. It did not go well
       | for me, and had to swallow my pride/ego. This last bit might be
       | the hardest thing to do
       | 
       | It is one thing to rationally know that the world is not fair.
       | But when it happens to you, oh man, it's not easy at all to take
       | it
        
         | RajT88 wrote:
         | This is why shady tow companies persist. They have more
         | resources than their victims, so it's low risk to behave in
         | super shady ways. i.e. towing cars which they can't legally be
         | towing. Happens all the time.
        
       | smdyc1 wrote:
       | We (and our new clients) constantly get frivolous cease and
       | desist notices from a particularly butthurt competitor whenever
       | they lose one of their customers to us. They have a habit of
       | shutting off customer access to their systems and ignoring any
       | requests from customers (who are still paying their bills) for
       | their data.
        
       | User23 wrote:
       | > *Apparently there are some legal systems, particularly in
       | Europe, where the costs of taking Big Tech to court are lower.
       | You'd have to ask your lawyer about that. The time and willpower
       | aspects may be similar though.
       | 
       | I'm not a lawyer, let alone a European lawyer, but I've heard
       | that the drain-their-bankroll-with-spurious-motions technique
       | that's beloved by shithead corporations and their attorneys when
       | they have no case isn't practicable in most European
       | jurisdictions. This is because even at the motion filing level,
       | loser pays. So drowning you in garbage motions just gives your
       | lawyer an easy payday.
       | 
       | Odds of the US adopting that system?
        
         | tzs wrote:
         | > Odds of the US adopting that system?
         | 
         | In general, not without a major change in the US attitude
         | toward how businesses should be regulated and how individual
         | rights protected to be more like Europe. I'll elaborate in a
         | bit.
         | 
         | In specific areas of law the prevailing party can win attorney
         | fees, but offhand I can't recall any areas where it is
         | mandatory. It's up to the court to decide. Whether that is easy
         | or hard depends on the area of law.
         | 
         | For example in patent law the statue says attorney fees can be
         | awarded in exceptional cases, whereas in copyright law the
         | statute just says it is at the discretion of the court.
         | 
         | The problem with making loser pays apply in general in US civil
         | suits is that the US often relies on civil suits brought by
         | individuals to enforce rights and regulations that in Europe
         | would be enforced by a government agency.
         | 
         | Loser pays could discourage individuals from bringing such
         | suits against larger more wealthy entities because a case is
         | almost never completely open and shut.
        
         | ls612 wrote:
         | Loser pays has a different trade off. If you have a case which
         | is close on the merits (where you may well win but it isn't
         | certain) you may want to concede early because you are risk
         | averse about paying BigCo's legal fees. It isn't a free lunch.
         | It just shifts the pain points to a different class of cases.
        
       | smashah wrote:
       | We are well within a Digital Age and we are now digital human
       | beings. Adversarial Interop is a fundamental Digital Human Right.
       | 
       | Louis has been on the frontlines of this unjustly lonely battle
       | against big evil megacorps (META specifically) for the last few
       | years.
       | 
       | If any lawyers are here that care about digital rights as coders
       | then please reach out to louis because a coalition is needed to
       | fight against C&Ds against independent, OSS, interop developers
       | and their users.
       | 
       | Thank you Louis for writing this, I wish I saw this last year
       | before nuking my OSS project out of an abundance of abject fear
       | that this $800bn megacorp could ruin my life for what amounts to
       | pocket change. This experience still hurts till this day.
       | 
       | RIP & Long Live Aaron Swartz
        
       | 0xbadcafebee wrote:
       | It's sad that most people are less "legally literate" than they
       | are "scientifically literate", when the former affects them more
       | often throughout life. Schools should teach kids how to not get
       | screwed over with the law. Tenants' rights in particular is very
       | important and almost nobody I know understands them, or how
       | brazenly landlords/management companies will rip you off if you
       | let them.
        
         | NegativeK wrote:
         | Most people I see talking about their legal literacy are best
         | described as cocky and dangerous to themselves and others they
         | give advice to. The same behavior shows up with medical
         | literacy.
         | 
         | Maybe schooling could help with that.
        
           | anticorporate wrote:
           | > Most people I see talking about their legal literacy are
           | best described as cocky and dangerous to themselves and
           | others they give advice to.
           | 
           | 100%.
           | 
           | I have a side hustle doing etching, engraving, and CNC-type
           | things. The forums and groups for this kind of things are
           | teeming with people who not just believe, but tell others,
           | that copyright and trademark either don't apply to them for
           | $reasons or doesn't even exist for things they found for
           | "free" on the internet.
        
             | 0xbadcafebee wrote:
             | Those people exist at least partly because they haven't
             | received education to the contrary. There will always be
             | cocky, ignorant, wrong people in the world. But they
             | certainly won't get any smarter if we don't teach them.
        
         | rxvium wrote:
         | Yes and no. I think it's important to make everyone aware of
         | their basic rights, _but_ also make it known that they are NOT
         | legal experts by any means, and that it 's a extremely
         | complicated field.
         | 
         | There's a reason why it takes several years of education and
         | testing to become an attorney.
        
       | codingdave wrote:
       | One thing to be aware of is that letters are not guarantees that
       | they will follow up or take you to court. Especially if they have
       | a weak case - it is just as likely to be a bluff, hoping you'll
       | just stop because they are big and you are small.
       | 
       | Ask an attorney to know for sure, but if they have no case and
       | are just being bullies, don't cave in.
        
         | denton-scratch wrote:
         | > don't cave in
         | 
         | That's dangerous advice, if you have anything to lose, and the
         | C&D isn't obviously complete nonsense. Your adversary's lawyer
         | may have causes of action that he chooses not to disclose just
         | now.
        
       | tobymather123 wrote:
       | interesting. I'm curious why they bother going after so many
       | small developers. There must be some kind of negative effect
       | long-term there on their perception in the tech ecosystem etc.
       | Bored in-house lawyers?
        
         | ferbivore wrote:
         | Facebook execs have willfully enabled genocide campaigns. It
         | hasn't hurt their ability to hire one bit. Why would this?
        
       | nickdothutton wrote:
       | Big firms issue C&D letters for all kinds of wild reasons. A
       | startup I founded got one because of the colour of our hardware
       | bezels. Note the company writing to us was not even a tech
       | business, let alone a hardware company.
        
       | kyledrake wrote:
       | If anyone has some good tech-knowledgeable attorneys that work
       | with individuals or smaller companies this is a great opportunity
       | to promote them. It's hard to find people that are specialized in
       | this sort of thing on a smaller scale and I've been looking for
       | people/firms that can do this.
        
       | advisedwang wrote:
       | So many comments here about how C&D don't have teeth and
       | suggesting ignoring them. That might generally be the case, but
       | the article here specifically talks about losing your account on
       | the tech company's service as the main thing they are concerned
       | about.
        
       | BonoboIO wrote:
       | Do not enter your real name anywhere and you will sleep way
       | better.
        
         | imhoguy wrote:
         | Or imitate you live in Russia or other shielded country.
        
       | KieranMac wrote:
       | As an attorney who has experience responding to Meta's "anti-
       | scraping team," I think there might be more opportunities for
       | amicable resolutions than you might expect (depending on the
       | specifics of what you're doing, of course). Meta is not oblivious
       | to the fact that they're under significant social and regulatory
       | scrutiny. They sometimes play nice if you're willing to
       | accommodate certain considerations.
       | 
       | Either way, my recommendation would be to find an attorney with
       | industry-specific expertise to address the norms of your
       | industry. C&Ds range from idle shake downs to definite pre-
       | cursors to litigation. Without industry-specific knowledge, it's
       | hard to know which is which.
        
         | michpoch wrote:
         | Would you be willing to share some stories regarding
         | particularly FB reacting to someone scraping their data? Are
         | they very stingy? Would they bother with someone non-US based?
        
           | KieranMac wrote:
           | I can't share client-specific stories because that's
           | protected by AC privilege. But I think the recipients of
           | these letters sometimes have more potential to negotiate than
           | they realize.
        
         | mthoms wrote:
         | Is there existing case law around browser extensions that only
         | alter the presentation of a web page on the client machine? You
         | know, things like adblockers or extensions that alter a
         | specific site?
        
       | jksmith wrote:
       | My attorney always said:
       | 
       | 1) Good problem to have. 2) If they had something, they wouldn't
       | threaten you, they'd just act.
       | 
       | It's the risk/reward ratio. Unless it's worth reacting to, file
       | 13 that shit.
        
         | tgsovlerkhgsel wrote:
         | If their primary goal was to get you to stop, I'd assume they'd
         | send a C&D first too because it's a lot less headache for them
         | if that makes the problem go away.
         | 
         | So I wouldn't see a C&D as a guaranteed sign that they aren't
         | willing to sue, but the threshold for "want you to stop and are
         | willing to sue for it" is much, much, MUCH higher than the
         | threshold for "eh, I'll send a C&D and see if this makes it go
         | away, if not, not worth it".
        
       | wyldfire wrote:
       | > Make sure nothing critical in your life relies on using the
       | platform. It shouldn't be your primary means of contacting any
       | important people in your life,
       | 
       | I don't do anything that could even be perceived as antagonistic
       | towards Facebook. But I imagine it's something I _could_ do. I
       | don 't have a Facebook account so I don't care if I get banned.
       | But I do use WhatsApp. I could live just fine without it. but
       | would/could a ban include a ban from Whatsapp? I guess I naively
       | assume they don't know enough from my WhatsApp usage to link it
       | to my identity. But of course a phone number is as close unique
       | identity as they come.
        
       | quijoteuniv wrote:
       | I remember 15 years ago or so someone wrote a pluging for me-
       | tunes that was downloading the lyrics of your mp3 by scraping
       | internet. It was brillant (now standard in placetify). Afew
       | months later he receive a C&D from the fruit people. How sad the
       | big tech can get away with this.
        
       | dartharva wrote:
       | I used the Unfollow Everything extension when I was a teen, it
       | was great. I eventually ended up deleting my FaceBook account
       | altogether; our generation (Z) thankfully feels Facebook to be an
       | old person thing.
        
       | woodruffw wrote:
       | There are sound reasons why this can't be the case, but it _sure
       | would be nice_ if anti-SLAPP laws[1] were also able to cover
       | these kinds of petty intimidation maneuvers by huge corporations.
       | 
       | (It would probably be impossible to weave a statute that prevents
       | this kind of bullying while also enabling legitimate uses of C&D
       | letters. So this is entirely fantasy.)
       | 
       | [1]:
       | https://en.wikipedia.org/wiki/Strategic_lawsuit_against_publ...
        
         | phendrenad2 wrote:
         | There are plenty of laws that only apply to companies over a
         | certain size. Maybe force publicly-traded companies to publish
         | a list of all C&Ds they have sent. Make it transparent who are
         | the biggest bullies. A lack of imagination is no excuse here.
        
       | tgsovlerkhgsel wrote:
       | As far as I understand, companies in the US really don't like
       | actual litigation due to discovery: They'd be required to provide
       | documents relevant to the case if requested. This not only risks
       | making embarrassing documents part of the public record, but is
       | also incredibly expensive since their lawyers have to review all
       | the documents, and it can be a lot - and they generally can't
       | recoup those fees.
       | 
       | If they _really_ want you to stop, e.g. because you 're putting
       | their core business at risk, they might consider it, of course.
       | But they won't do it for random bullshit. They do have infinite
       | resources to crush you - but even they don't have enough
       | resources to do it to everyone who ignores their C&D.
       | 
       | Also, I would expect the likelihood of getting sued (by a company
       | that's acting rationally - small businesses where you've
       | personally pissed off the owner can be different) depends on
       | whether they can achieve their goal. If for example their goal is
       | to keep you from publishing details about a security
       | vulnerability and public embarrassment, the motivation to sue you
       | is likely to go _down_ once the vulnerability is public and their
       | behavior has been reported in the tech press, and continuing to
       | press it will just continue to the Streisand effect.
        
       | phendrenad2 wrote:
       | Man, fuck Facebook. The one-off C&D sent to anyone who appears to
       | be using your trademark I can understand. Sending the guy a bill
       | for $30,000? Now that involved human forethought. Something seems
       | to be going on over at the Fsckbook legal department and it _isn
       | 't good_.
        
       | jimmydroptables wrote:
       | Interesting topic and article. I agree with the author, that it's
       | useful to read this information and keep it in the back of your
       | head in case you ever need it, before you actually find yourself
       | in a stressful situation like this.
       | 
       | But one thing I don't understand every time there's a C&D story
       | is why leave a paper trail to send the C&D to in the first place
       | if doing something in a gray area? If I was creating some piece
       | of software that is designed to give the middle finger to the man
       | or facebook or whoever and/or benefit the public, I would just
       | release the source anonymously on some random forum and it can't
       | be stopped. Why create an official github repo with your real
       | email and everything just to take credit?
       | 
       | To clarify, I mean cases like youtube vanced or the recent
       | valve/nintendo portal mod issue, where its obvious some company
       | might not like it, but I don't see why the projects couldn't have
       | continued anyway if the authors didn't expose themselves to
       | litigation. Or am I being naive about this?
        
       | barbazoo wrote:
       | It's like cancer suing chemotherapy for helping people get rid of
       | it.
        
       | denton-scratch wrote:
       | I used to work for an Indymedia collective; I'd say we received
       | half a dozen C&Ds.
       | 
       | [Indymedia was an open news collective, with a strong anarchist-
       | socialist leaning]
       | 
       | Our "collective" had no formal membership, and no assets. We were
       | all just volunteers who valued the platform and did some work to
       | help out. These emails were always addressed to "To Whom It May
       | Concern". Pseudonymity was the norm in Indymedia, and I was
       | completely ignorant about the IRL identity of most colleagues
       | that preferred to be pseudonymous.
       | 
       | They'd usually be complaining about Indymedia reports of the
       | activities of some small businessman, often a builder. It would
       | often be part of a campaign, i.e. there would be more than one
       | article, by different people. So we'd collate the articles, and
       | do web-searches; if the complaint appeared to refer to something
       | potentially libellous; or involved some crime like inciting
       | violence; or violated our posting T&C, like trolling,
       | conspiraloon, or agent-provocateur, then we'd hide the article or
       | comment; otherwise the site would have been deluged in spam.
       | Hidden articles and comments didn't appear in lists. We had no
       | one-button method for removing an article completely, we had to
       | blank the article in the database. We even published a link to a
       | page where you could view all articles and comments; none of
       | these C&Ds ever referred to a hidden article.
       | 
       | We never replied to any of these C&Ds. We (or I) never hid an
       | article or comment as the result of reading a C&D; I never
       | thought the C&D had any merit. We took the "Ignore" route, and
       | never suffered any adverse consequences; not even follow-ups.
       | 
       | So I don't share the author's opinion that you should _never_
       | adopt the Ignore route. Perhaps we got lucky, but I 'd have taken
       | these messages more seriously if they had named me.
       | 
       | FTR, IANAL.
        
       | primitivesuave wrote:
       | I got multiple C&Ds for publishing public information, provided
       | directly from the US government as giant CSV files (PPP loan
       | data, provided under FOIA), through a web interface that made it
       | easy to search loan recipients and analyze distribution of COVID
       | relief funds.
       | 
       | Many of the C&Ds came from people who were later indicted for
       | defrauding the government, some of them in hilariously inept
       | ways.
        
         | strix_varius wrote:
         | This sounds like interesting research - could you share a link
         | to your results?
        
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