Legal Actions Possible For This?

12 replies
Hi guys,

I got this email today for one of my site:

Hello, we are writing to inform you that you must immediately remove the page XXXXXXX You do not have permission to display our feeds, on top of this you are damaging our reputation as you can see by typing "XXXXX.com Scam?" into Google. If this page is not removed within 24/hrs we will proceed with legal action to the highest level asking for judgment for damages rendered. WOIS records have been recorded with our legal department along with GEO information. If need be we will contact your host/ISP for a request based on copyright infringement along with other facts. Thank you for your corporation.
I guess they must not be happy as my site was ranking #1 for the "BRAND-NAME scam" in Google. The page ranking is actually a TAG page with not even anything to do with their brand lol.

Would there be such thing as legal actions anyway for writing an article about some scam if I think there actually is a scam?

I am also not displaying any of their website feed, just their tweeter feeds in the page mentioned.

I deleted the page as I do not want anything to to with them but I'd love to hear what you have to say about this.
#actions #legal
  • Profile picture of the author Christian Little
    They can't sue you for ranking on the search engines. Tell them to pick a fight with Google since they're the ones ranking you.

    The most they could do is serve a DMCA notice to your hosting provider, and depending on how it's done they might be able to get your hosting company to force you to take the content in question down. Some h
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  • Profile picture of the author seasoned
    Even if they ARE known to be a SCAM, they can bring charges against you, and make things hard on you. And lawyers are NOT generally interested in being fair, honest, or trying to get to the truth. Since Judges are basically lawyers, and control the courts, THEY don't care EITHER! If they dismissed frivolous cases or cases that were clearly unjust, it would wipe out their cushy way of life, clear up the courts, and reduce the nuber of judges/lawyers needed. So they will NOT do so. At least I have never heard of it, and they didn't do it with me.

    BTW republishing a feed without permission IS a copyright infringement and COULD be prosecuted under some hacking laws. With a GOOD lawyer, it MIGHT make it to felony. Granted, you couldn't make a felony out of tweets, BUT they STILL might be able to prosecute based on republishing. Luckily for you, the fact that they have NO expectation of exclusivity there would likely be a good defense. Twitter DOES basically demand that they give up copyright rights.

    BTW IANAL!

    Steve
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    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by seasoned View Post

      Even if they ARE known to be a SCAM, they can bring charges against you, and make things hard on you. And lawyers are NOT generally interested in being fair, honest, or trying to get to the truth. Since Judges are basically lawyers, and control the courts, THEY don't care EITHER! If they dismissed frivolous cases or cases that were clearly unjust, it would wipe out their cushy way of life, clear up the courts, and reduce the nuber of judges/lawyers needed. So they will NOT do so. At least I have never heard of it, and they didn't do it with me.

      BTW republishing a feed without permission IS a copyright infringement and COULD be prosecuted under some hacking laws. With a GOOD lawyer, it MIGHT make it to felony. Granted, you couldn't make a felony out of tweets, BUT they STILL might be able to prosecute based on republishing. Luckily for you, the fact that they have NO expectation of exclusivity there would likely be a good defense. Twitter DOES basically demand that they give up copyright rights.

      BTW IANAL!

      Steve

      Actually, doing a review site about a scam operation is fair use if the information is accurate. I did one on Hughes Net Ripoff and I would not take it down if they asked me to.

      In addition, I doubt that you "own" your Twitter feed. Twitter owns the content, I would imagine and I don't think that they can force you not to use a Twitter feed. Their website feed, yes, but have serious doubts about the Twitter feed.
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    • Profile picture of the author Christian Little
      Originally Posted by seasoned View Post

      BTW republishing a feed without permission IS a copyright infringement and COULD be prosecuted under some hacking laws. With a GOOD lawyer, it MIGHT make it to felony. Granted, you couldn't make a felony out of tweets, BUT they STILL might be able to prosecute based on republishing. Luckily for you, the fact that they have NO expectation of exclusivity there would likely be a good defense. Twitter DOES basically demand that they give up copyright rights.
      Twitter terms of service: Twitter / Twitter Terms of Service

      Some important bits out of it that pertain to this thread:

      This license is you authorizing us to make your Tweets available to the rest of the world and to let others do the same. But what's yours is yours - you own your content.

      You agree that this license includes the right for Twitter to make such Content available to other companies, organizations or individuals who partner with Twitter for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
      In other words, you can post what you want, but you let Twitter give it to whoever they want and you have no legal rights to raise a stink if your tweets get syndicated.

      Further down the terms you get this:

      You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability.
      Short version: Whatever you post on Twitter CAN and WILL be syndicated across the web, so be careful what you tweet.
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  • Profile picture of the author Michael Mayo
    Steve I hope that IANAL means I am not a lawyer and not what I first read it to be...lol

    Have a Great Day!
    Michael
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  • Profile picture of the author Fernando Veloso
    Thank you for your corporation.
    Thank you WHAT?

    Are you sure this is WHAT they wrote???
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  • Profile picture of the author Dan C. Rinnert
    Originally Posted by PerigVe View Post

    I guess they must not be happy as my site was ranking #1 for the "BRAND-NAME scam" in Google. The page ranking is actually a TAG page with not even anything to do with their brand lol.
    So, you were using their brand name to bring traffic to your site for something unrelated to their brand?

    Anyway, your best bet is to either comply or talk to a lawyer. What you posted doesn't look like it was written by a lawyer, but that doesn't mean they don't have a lawyer at the ready.
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    Dan also writes content for hire, but you can't afford him anyway.
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  • Profile picture of the author Zeus66
    Please listen to me, PerigVe...

    DO NOT take any advice you get from anyone on this forum who you cannot independently verify is a legal expert on this specific matter. Period. This is your business we're talking about. If this is truly a concern in any way, seek advice from a competent source. The best any of us can give you is our own opinions as unqualified laymen... if we're not actual legal experts on this matter. And very few if any of us are.

    I'm not bashing you at all for asking, but please don't follow any advice (other than mine right now) - seek someone who is qualified to give you counsel on this matter.
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    • Profile picture of the author PerigVe
      Originally Posted by Zeus66 View Post

      Please listen to me, PerigVe...

      DO NOT take any advice you get from anyone on this forum who you cannot independently verify is a legal expert on this specific matter. Period. This is your business we're talking about. If this is truly a concern in any way, seek advice from a competent source. The best any of us can give you is our own opinions as unqualified laymen... if we're not actual legal experts on this matter. And very few if any of us are.

      I'm not bashing you at all for asking, but please don't follow any advice (other than mine right now) - seek someone who is qualified to give you counsel on this matter.
      Yes and I have had the same reply you had on other thread. It was just a way of "hearing" what people had to say about his.

      As I mentioned in my first post, this doesn't even bring traffic as it was added by a plugin and I deleted the page right away. I don't really want to play games with them for nothing...
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  • Profile picture of the author WillDL
    For a real answer check you need to ask a lawyer. Most of us aren't qualified to say. I'm not.

    But, it is my understanding that they could bring Defamation charges against you. You are publicly claiming they are thieves when you say it is a scam.
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    Occasionally Relevant.

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  • Profile picture of the author st271
    They can't do a thing as they don't know who you are or where you live so if it was me I'd delete their email and block their email address.

    I could go out and register googleadwordsscam.com and there's nothing Google could do except de-index the site. It would still be on Yahoo/Bing. They could send all the emails they liked tellig me to remove it but since they don't know who I am or where I live there's not a thing they can do. That's whats great about the internet, you're anonymous.

    They can't take legal action against someone they can't find.

    Sorry for the long post. I'm exhausted now lol
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  • Profile picture of the author Christian Little
    Actually that's a different scenario completely st271. If you have a domain name with a trademark in it, it can be taken away from you fairly easily by the trademark owner.
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