Ask MetaFilter posts tagged with legaladvice

Dealing with domain squatters on a budget

bifter — Wed, 02 Apr 2008 03:33:37 -0800

What can a free online game do about a domain squatting / potential IP infringement situation, that doesn't involve commercial legal advice? (Asking for a friend). Background: a free online game, in existence for over 5 years and run as a hobby, although with a microscopically small commercial element (a tiny subset of players pay for premium membership with small in-game benefits - the revenue pays for little more than server costs).

The game's name is NOT the same as the domain it was hosted on (it is only slightly different). The domain of the same name was formerly owned by some odd chinese-language site, which has recently been acquired by a third party. The third party has developed a similar web-based game to that owned by my friend, and - crucially - named it exactly the same as my friend's game (ie both games now have the same name, but are hosted on different domains). The domain owner has offered to sell the domain to my friend for an unacceptably high fee - my friend counter-offered (d'oh), but no agreement has been reached.

The question: can anyone give an outline appraisal of possible (free) legal routes that my friend can take in this matter? Does it sound like there is a case to object to the domain ownership on the grounds of domain squatting? Is there a trademark or other copyright infringement that could be pursued somehow without legal representation? The co-owners are in the US and UK, don't know about the location of the third party.

I know that you're not lawyers, all advice can be considered as having been offered without prejudice.

Coop based social network - startup advice?

symbioid — Fri, 14 Mar 2008 11:39:12 -0800

I'm looking into starting a co-op based model of a social network site. Any tips? Organization, legal incorporation, possible code-base to start from, how much would hosting/coding such a site cost? I'm a user of LJ, and I think most of us on MeFi know of the 6A fiasco. Recently SUP (the new owners) decided to stop free accounts. They are making many people upset, in their disregard of their advisory board, in the way they announced this (unofficially, hidden in a FAQ, not a news announcment), and in their apparently serious attempt at explaining that they were "streamlining" the process (cuz people are apparently too stupid to understand free vs ad-supported vs paid accounts). Many are insulted by the attitude of SUP towards the user base.

This has led me to realize that people really want community empowerment. A profit-based corporation is not conducive to helping the users of the site. Nor does not having an effective mechanism to empower users.

Hence my idea to start a co-op based site. I was thinking of using LJ code, since most people are familiar with how LJ works. There is (admittedly sparse, AFAICT) documentation, and their are other spinoffs of LJ who have experience, so I believe there's not a shortage of people to help us learn the technical side. On the other hand, the LJ code is a large Perl hack, and that intimidates me. I'd be more comfy with Python or something of that nature. But nothing else offers the same features as LJ. Do we build from the ground up?

What kinds of costs for hosting might accrue? Anybody have experience with creating a co-op? Is a non-profit a good idea, or would the restrictions placed on non-profit create difficult conditions to flourish? Run the site like a non-profit, while still being technically a profit? So many questions, but I feel this is really important. Paying members should have a voice, and they aren't getting that at LJ.

Suing over unpaid wages

Anonymous — Wed, 24 Oct 2007 21:54:12 -0800

Suing over unpaid wages when it's a small amount? I worked for a blog for 13 months. The blog's owner is in Canada and I am in the US. The blog owner decided to change my contract (to require more content in each post), which I declined and decided to quit. He decided not to pay me for the past month, saying that I was lucky he'd kept me on staff as long as he had. That makes no difference as there was no hint of a contract change before then... I had every reason to believe I'd be paid.

The blog is not incorporated - it is simply the owner himself paying people. My mom works for a debt collection lawyer, and he said I can sue him for 3 times the amount he owes me, plus court costs and attorney's fees, despite Canada and the non-business status. Because I was being paid regularly, I was reasonable to expect my wages. I haven't directly asked him to take the case yet... my mom feels he is busy and may not be able to, and I'm just waiting a few days to think it over. (She did not tell him how much I am owed.)

The thing is, it's only $80 he owes me. I know, most people think it's such a small amount that I should just let it go. And life is short, and all that. The thing is, I need that money very badly. I am on the verge of bankruptcy and filing for food stamps, and I have a crapload of medical bills. I expected that money and I was relying on it. If I wasn't so broke, I probably would let it go.

Will lawyers take me seriously when I mention $80, or will they laugh me out of the office? I don't know that I can represent myself in small claims court, since the blog owner is in Canada.

He sold my car???

autojack — Mon, 17 Sep 2007 12:28:00 -0800

You are not my lawyer. You may not even BE a lawyer. But my friend needs, if not actual legal advice, some general suggestions about how to proceed. The short story: her ex-boyfriend sold her car without telling her, without her consent, and appears to have fled the state with his ill-gotten gains. This question is probably California-specific. My friend moved from St. Louis, MO to Palm Springs, CA, with her boyfriend in August, 2005. She brought her car with her, and he used it to get to work every day during that time. They broke up in September of 2006, and the car had broken down (wasn't running at all) a few weeks before. Since he had been the primary user of it, her ex promised to pay to get it fixed. She, meanwhile, moved to San Francisco. The plan was that she would come back for the car when it was drivable again.

Since then, she's gotten a steady string of excuses from the ex about the status of things. Most of it has revolved around his employment and financial situations; he supposedly was doing tech consulting but was having problems getting paid. They went back and forth about it for this whole time. In the last two weeks she's had no contact with him, though, and she started to get suspicious. She ran a Carfax on the VIN yesterday and discovered that he had sold the car on July 31 of this year. She then found out through a mutual friend that, as of yesterday, the ex has packed up and left to move back to St. Louis.

The first problem is, my friend is still in posession of the title for the car. Thus, I don't understand how he could have sold it. The new owner wouldn't be able to register it in CA, as far as I know, without a valid title. My friend never transferred ownership of the car to her ex, she just left it with him. My first thought was that the Carfax report must be wrong, but the police in Palm Springs confirmed that the car was sold, and gave my friend the name of the new owner. The police further state that, since she left the car in his possession, the fact that he sold it without her consent is not criminal, but would be a civil/small claims matter. I don't understand how he could have sold the car, without a title, and not have that act be some sort of fraud.

At this point my friend doesn't know what action she should take, other than, "Get a lawyer." It sounds like she would have to sue him in St. Louis, since that's going to be his new place of residence. Naturally my friend has fairly limited financial resources, so while she probably could afford a lawyer for this little project, it wouldn't be worth it if she wasn't likely to get a decent settlement out of it. Any thoughts, facts, or advice would be greatly appreciated!

Party's over, apparently...

twiggy — Mon, 22 Jan 2007 15:23:00 -0800

ContractFilter: My friend had a contract for a superbowl party at a bar in Chicago. Nowhere on the contract does it say that the bar can cancel this contract at will. While there are terms indicating that if my friend doesn't cancel at least 2 weeks prior, he must pay a penalty, and there are terms indicating he must guarantee at least 20 attendees at $28 per person for this party, nowhere does it say the bar can cancel at will.

Of course, since it's in Chicago and the Bears have just made the superbowl today, they called him and said he can no longer have the party. It's worth mentioning the party was booked on December 13th

$28 per person was all inclusive for catered food and open bar for a few hours. Obviously this is because they could make more money if this party isn't held in the back room of the bar he had reserved.

The contract clearly states "Superbowl" on it so no argument can be made that they didn't realize the implications of the party.

In talking to the bar's manager, he admitted it was because the Bears were in the superbowl, and was completely rude about it. My friend even offered to pay more money, and asked "name a realistic price, I understand you could make more money by not having my party", and his return was "$100 a head".

What recourse does my friend have? There's no way on earth he'll be able to book a superbowl party anywhere in the city now that the Bears are definitely in, but he hasn't had to put a deposit down or anything like that, either. He was, however, obligated to pay for a minimum of 20 people regardless of how many showed up, and would have been obligated to pay a cancellation fee if he cancelled less than 2 weeks in advance.

At this point, part of it is principle. We realize the party's guaranteed to be off, but this bar owner (who owns several bars, not just one) deserves at the very least a bad name. He's broken a legally binding contract and we're not sure how to determine "losses" when the loss is being unable to have a party, rather than having paid for the party and not being refunded, etc.

Request MeFi Legal/General Advice on Fraud

dbk — Fri, 20 Oct 2006 18:52:09 -0800

I need help tracking down the source of a fraudulent transaction that has left me in a state of disbelief. It is quite appalling actually. Legal advice greatly appreciated. This is quite a lengthy description due to the complicated matter and details involved, all of which completely blow my mind.

I was recently let go/resigned/position eliminated in early September. It was a mutual decision for the most part due to some unresolved issues that had been lingering for months. (The company was in the midst of acquisition talks and my direct supervisor just completely refused to acknowledge my existence).

I was promised a fairly large severance pay as well as unemployment benefit payments thru the state. I left the next day for a planned trip w/friends. I left all the paperwork (separation agreement) on my desk and planned on returning the following week to retrieve desk items and to sign the separation agreement.

I returned home to a certified letter from my former employer stating they had rescinded the offer of severance pay as well as notice that they would dispute any claim I made for unemployment benefits - "because I made an unauthorized payment out of the company checking account to your personal benefit. This action is in clear violation of corporate accounting procedures and may possibly constitute fraud thereby making the offer null and void as stated in section 11 of the separation agreement and general release".

I immediately called the Controller of the company asking what this transaction was and she forwarded me an electronic scan of a wire transfer document. The document is an authorization to transfer $299 from the company checking account into this (possibly) phony firm based in a different state. There is a phone number listed for the firm, and I have called approx 50 times now, leaving messages and I haven't heard back from anyone. I also called the police dept in that city to try and get a physical address or to file a police report for this fraudulent activity and I am not able to because 1) I didn't take the loss from my personal account and 2) My SS# wasn't used, only my name so it does not constitute as identity theft 3) They don't have any listing or information on a company by this name listed as the payee.

The wire transfer document has the mailing address for my former employer but lists my full name as the authorizing party. (I have absolutely no access to banking or accounting information and have never been an authorized check signer) The payee listed is untraceable. I have contacted information, the police (where I reside as well as where this firm supposedly does business) as well as extensive internet searches (and reverse lookup). My former employer was able to have the money debited from the payees account and refunded to them and they informed me that if I am able to prove I did not benefit from this transaction they will reverse their decision on the severance pay and unemployment benefits. I have the name of the bank where the money went but they are unable to release any information on the account holder due to privacy laws.

I cannot afford a lawyer to help investigate this, I have spoken to a dozen or so attorneys and asked for them to take it on a contingency basis but they are "at capacity" for contingency cases. This entire situation is so mind numbing to me. Anyone who knows me is baffled by this accusation. I have been framed by someone or just randomly hit by a shady operation. This transaction took place one month before my termination. I worked at my last job for 3 years and have nothing but stellar remarks from each member on the management team as well as the executive team. I know they don't really think I am behind this (especially for a mere $300!) but legally this is what they are required to do in light of the "evidence".

I sincerely appreciate any thoughts/advice on what step I can take next to try and figure out WHO DID benefit from this lousy $300 transfer. I am deeply disturbed by this and would like to make sure it doesn't continue happening to other innocent people in the world.

Doing your own legal work without the qualifications

vizsla — Thu, 07 Sep 2006 16:19:11 -0800

Do you need to be a legally qualified person to send out legal letters (e.g. cease and desist etc) on behalf of yourself or someone else? Can you set up a business called Frednerk Legal Services if you don't have formal legal skills? What is the minimum you need to give any legal advice to people? Also can anyone just take one of those free legal letter templates, fill it out and send it away?

Verizon Sucks

jdroth — Mon, 06 Jun 2005 12:20:17 -0800

I hate big corporations. I really do. They're enormous behemoths that can't be fought. Or when you do try to fight them, it's futile; you get squashed. Help me fight a behemoth. On January 12th, I received a phone call here at work from somebody representing Verizon SuperPages asking us to advertise in their phone directory. I have little memory of the conversation (because I have several similar conversations a month), but I'm mostly certain that the call ended with me saying something like, "I'm sorry, but I don't want to advertise with you." I have no memory of agreeing to advertise with any new yellow page company; we're pleased with our current level of advertising.

In March, we received a $37.20 bill from Verizon for advertising in their Portland/Vancouver SuperPages. I phoned Customer Service (what a misnomer!) and explained that we had no record of having placed any advertising with them — would they please remove the charges? They would not and could not.

They asserted that we had, in fact, placed the order. "We have third-party verification indicating that the sales representative spoke with you, Mr. Roth, and that you provided your taxpayer identification number. This is all the confirmation we need to verify your order."

The call ended with nothing resolved. A few days later, I received a letter from Verizon re-iterating all of this information. I contacted my attorney. On his advice, I sent a certified letter to Verizon's customer service department stating that the business has "neither requested nor authorized any service from" Verizon, etc. The letter threatened legal action if Verizon continued to bill us.

Verizon continued to bill us. They billed us in April. They billed us in May. They never replied to our certified letter. Today I received a letter from Verizon's collection department. Enough is enough, so I phoned them again.

The woman in the collections department was nice enough, but she couldn't help me. Her department has nothing to do with resolving disputes, only with collecting on outstanding debts. She suggested I call customer service.

I called customer service, and though I was trying to be polite, I was, I admit, a bit confrontational. (No shouting, no cursing, just had my hackles up.) This conversation was frustrating to a degree that I cannot even convey. I went through the whole "we did not authorize this" bit, and the customer service rep went through her whole "we have third party authorization in the form of your name and your business tax identification number" bit.

"Look," I said. "My name is common knowledge, accessible from any database. And I give out our TAX ID number all the time. This is not proof of anything. I want written documentation that we authorized this, or I want an audio-recording."

"I'm sorry, sir," said Makeesha, "but this is authorization."

Repeat ad infinitum.

Eventually, Makeesha gave me the address for Verizon's legal department, though I'm certain any correspondence sent there is destined for the same old dead letter file that my former certified letter reached. (Actually, to be fair, the previous letter has been scanned into Verizon's computer system. They have the letter, they just don't care.)

My attorney verifies what I already suspected: this is verification of nothing. I'll pursue the next logical step with him, of course, but meanwhile I want advice from other people. Have you ever gone through anything like this? How do you cope with the awesome might of transnational corporations? How can the individual hope to have his voice heard when the transnat will not admit error? How can this be resolved to my satisfaction?

Yes, I could just pay for the add — $40/month is peanuts for our business — but I refuse. It's more than a matter of principle. If transnats can collect money because they say you owe it, whhere does that leave us? It's insane!

Somebody somewhere must have some useful advice on this. (And, yes, I know you are not a lawyer.)

Mediated divorce advice?

Gucky — Thu, 26 May 2005 15:58:13 -0800

What exactly is the job of a divorce mediator? Do I have unreasonable expectations? Or does our mediator just suck? So, the consensus on the street is to avoid litigation and use a divorce mediator. Except, well, I'm starting to get the feeling that the mediator we chose is useless.

He asked us if we had read all the books on how to file your own divorce the first time we met. He expects us to have all the paperwork done when we show up and offers no guidance when I have questions. When I call to ask for clarification, he tells me to just "cross it out and write what I want." Not really reassuring when it comes to legally pending documents.

Is a mediator just a paper filing legal guy? Is me asking him questions without my ex around violating something? Or does this guy just suck?
Is it possible to work through the paperwork with a lawyer without going the litigation route?
Should I just slog through it rather than paying yet more money for my own lawyer?
And if not, how the heck do I go from "wow, there are a lot of divorce lawyers in this phone book" to finding the right lawyer to help me out with all this stuff?

IANAL. YANML. Should I get a lawyer?

john m — Sat, 01 Jan 2005 05:35:26 -0800

Someone ran over me and I've got minor but long-term injuries. Should I get a lawyer? [MI] I was a on a scooter stopped at a stoplight. Behind me lady in an SUV didn't stop. I'm lucky to be alive. My knee is tweeked and I'll probably never be able to do stuff like play basketball or anything that would twist my knee. The question is this: Should I get a lawyer? If so, are those guys that advertise on TV for this kind of thing really the people to call? Anything that I should know or keep in mind? I'm not looking at this an opportunnity, but I don't want to get screwed either...

Protecting My Property

mrbill — Tue, 09 Mar 2004 20:57:56 -0800

I know this isnt LegalAdviceFilter, but I need some opinions on ways of protecting my property from vehicles. (more inside) My backyard fence borders on the parking lot of an apartment complex. Three times in the past five years (2001, 2002, and this past Saturday), someone has driven through the fence into my back yard.

I own the strip of land that the fence is on, but the fence technically belongs to the apartment complex. They've agreed to replace/repair the fence this time (we paid for it in 2002), and are investigating installing speedbumps to slow down the people who zoom through at 30-40mph.

My question is, am I within my rights to put something like large "decorative" boulders or concrete-filled-n-buried pipes on my side of the fence? If (more like when) someone does this again, I'd like to prevent them from ending up in my pool or in my bedroom, or running over my dog. However, I wonder about any liability I would be exposed to as a result of if I did this and someone then ran into it and got hurt/killed.

Again, I know this isn't LegalFilter, but any suggestions or advice would be greatly appreciated.

Do my wife and I need a lawyer to write a will? (Georgia, USA)

jpburns — Fri, 09 Jan 2004 04:48:14 -0800

Not only am I not a lawyer, I don't have one, either.

Do I need one for my wife and I to write a simple will, mostly to specify who should take care of our daughter in case of mutual demise? We live in Georgia, US.

Yes, I know... I should ask a lawyer...