Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
I have hosted some infringing video files on my website. The other person file a take down notice of one of their video, which I complied. As soon as I wrote the email back saying the video has been removed, they revealed that they are intend to sue, and that their lawyer will email me a correspondence letter soon.
After notifying them that I have removed the requested video down, the person retracted the initial take down complaint, and casually brought in his client's intention of suing me. Below is the email.
Mr. Dinh,Thank you and we have retracted that notice. On another issue, the clientwe work for intends on suing you, in a California court, regarding theillegal infringement on cravinghentai.com. Please forward us yourattorney's information so we may contact him or her.Regards,XXXXX XXXXX, CEORemoveyourcontent LLC
Also, to respond to your question, they did not offer any assurances.
At this point you really are in a position that may end up causing you harm. The first step is to review your site contents and to remove anything at all that is either infringing or questionable, not just from this client but anyone else. The next step is to do nothing. You are under no obligation to provide that person with anything pertaining to your legal options or an attorney, and what you can do instead is spend that time researching local counsel that you would need to retain if they do file against you. You may want to look to sites such as www.avvo.com and www.martindale.com for competent counsel in your area based on fees, location, experience, and expertise. Those sites are content driven, no attorneys pay to be on it with their basic profiles, and past clients can use it to rate attorneys as well as have peer driven reviews as well.
Hope that helps.
Few last questions, can they legally file a lawsuit against me via email and not physical paper if they do not have my contact information beside just my email. Will shutting down the site permanently and remove all contents do anything against their claim ?
I would be glad to clarify. They cannot serve you via email, they have to do so via physical documents and proper service. Shutting down the site won't help your case because the damage has already been done--shutting the site does not remove or revoke past infringement. They would have to find you, so this may make it harder to trace you, but it won't harm their alleged injuries and claims against you.
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