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Cease And Desist Letter

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  • K Kevin Marois

    I was writing an app for a client. I was NOT a Work For Hire, therefore I own the copyright to the code. See here if you're interested.[^] At any rate, I want to send the client a Cease And Desist letter so that he cannot use any portion of the app. Does anyone have a template letter? 1. Please don't tell me to get a lawyer. I don't want to spend hundreds of dollars so a lawyer can fill in the blanks on a template. 2. Please don't start debating the legalities of this. I am the owner, and it's not debatable. I simply want to see if anyone has a template letter. Thanks

    If it's not broken, fix it until it is

    L Offline
    L Offline
    Lost User
    wrote on last edited by
    #2

    1. Get a lawyer; the law is different in different countries, and probably even in some states. 2. It probably is debatable, because we have no idea what your contract with the customer actually specified. Sending a letter created by someone here will probably go straight in the shredder when the customer receives it. Or worse, will get you a letter from their lawyer containing all sorts of threats. As President of the company you should be prepared for this sort of thing.

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    • K Kevin Marois

      I was writing an app for a client. I was NOT a Work For Hire, therefore I own the copyright to the code. See here if you're interested.[^] At any rate, I want to send the client a Cease And Desist letter so that he cannot use any portion of the app. Does anyone have a template letter? 1. Please don't tell me to get a lawyer. I don't want to spend hundreds of dollars so a lawyer can fill in the blanks on a template. 2. Please don't start debating the legalities of this. I am the owner, and it's not debatable. I simply want to see if anyone has a template letter. Thanks

      If it's not broken, fix it until it is

      S Offline
      S Offline
      Slacker007
      wrote on last edited by
      #3

      I would think your attorney should be handling this.

      K 1 Reply Last reply
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      • L Lost User

        1. Get a lawyer; the law is different in different countries, and probably even in some states. 2. It probably is debatable, because we have no idea what your contract with the customer actually specified. Sending a letter created by someone here will probably go straight in the shredder when the customer receives it. Or worse, will get you a letter from their lawyer containing all sorts of threats. As President of the company you should be prepared for this sort of thing.

        S Offline
        S Offline
        Slacker007
        wrote on last edited by
        #4

        :thumbsup:

        1 Reply Last reply
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        • L Lost User

          1. Get a lawyer; the law is different in different countries, and probably even in some states. 2. It probably is debatable, because we have no idea what your contract with the customer actually specified. Sending a letter created by someone here will probably go straight in the shredder when the customer receives it. Or worse, will get you a letter from their lawyer containing all sorts of threats. As President of the company you should be prepared for this sort of thing.

          K Offline
          K Offline
          Kevin Marois
          wrote on last edited by
          #5

          Richard MacCutchan wrote:

          1. Get a lawyer; the law is different in different countries, and probably even in some states.

          United States copy right law is the same in every state.

          Richard MacCutchan wrote:

          2. It probably is debatable, because we have no idea what your contract with the customer actually specified.

          I've been down this road a couple of times before. I own the code. When you're an independent contractor hired to write code, unless you specify otherwise, YOU own the copyright to the source until you release it to the client. Thanks for following directions :):):)

          If it's not broken, fix it until it is

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          • K Kevin Marois

            Richard MacCutchan wrote:

            1. Get a lawyer; the law is different in different countries, and probably even in some states.

            United States copy right law is the same in every state.

            Richard MacCutchan wrote:

            2. It probably is debatable, because we have no idea what your contract with the customer actually specified.

            I've been down this road a couple of times before. I own the code. When you're an independent contractor hired to write code, unless you specify otherwise, YOU own the copyright to the source until you release it to the client. Thanks for following directions :):):)

            If it's not broken, fix it until it is

            L Offline
            L Offline
            Lost User
            wrote on last edited by
            #6

            Kevin Marois wrote:

            Thanks for following directions

            Happy to help.

            Kevin Marois wrote:

            United States copy right law is the same in every state.

            Looks like you know the answers then.

            K 1 Reply Last reply
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            • K Kevin Marois

              I was writing an app for a client. I was NOT a Work For Hire, therefore I own the copyright to the code. See here if you're interested.[^] At any rate, I want to send the client a Cease And Desist letter so that he cannot use any portion of the app. Does anyone have a template letter? 1. Please don't tell me to get a lawyer. I don't want to spend hundreds of dollars so a lawyer can fill in the blanks on a template. 2. Please don't start debating the legalities of this. I am the owner, and it's not debatable. I simply want to see if anyone has a template letter. Thanks

              If it's not broken, fix it until it is

              Z Offline
              Z Offline
              ZurdoDev
              wrote on last edited by
              #7

              Here's an example for getting a lawyer at $20/month. http://www.legalshield.com/[^] RocketLawyer also has templates.

              There are only 10 types of people in the world, those who understand binary and those who don't.

              1 Reply Last reply
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              • K Kevin Marois

                Richard MacCutchan wrote:

                1. Get a lawyer; the law is different in different countries, and probably even in some states.

                United States copy right law is the same in every state.

                Richard MacCutchan wrote:

                2. It probably is debatable, because we have no idea what your contract with the customer actually specified.

                I've been down this road a couple of times before. I own the code. When you're an independent contractor hired to write code, unless you specify otherwise, YOU own the copyright to the source until you release it to the client. Thanks for following directions :):):)

                If it's not broken, fix it until it is

                S Offline
                S Offline
                Slacker007
                wrote on last edited by
                #8

                Kevin Marois wrote:

                I've been down this road a couple of times before.

                Then why are you asking us for a template letter. Use the one from your prior incident. :confused:

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                • L Lost User

                  Kevin Marois wrote:

                  Thanks for following directions

                  Happy to help.

                  Kevin Marois wrote:

                  United States copy right law is the same in every state.

                  Looks like you know the answers then.

                  K Offline
                  K Offline
                  Kevin Marois
                  wrote on last edited by
                  #9

                  I'm just kidding around... I meant that I've been down the copyright issue road before. I've just never sent a Cease and Desist. So I'm looking for a sample.

                  If it's not broken, fix it until it is

                  1 Reply Last reply
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                  • S Slacker007

                    Kevin Marois wrote:

                    I've been down this road a couple of times before.

                    Then why are you asking us for a template letter. Use the one from your prior incident. :confused:

                    K Offline
                    K Offline
                    Kevin Marois
                    wrote on last edited by
                    #10

                    I meant that I've been down the copyright issue road before. I've just never sent a Cease and Desist. So I'm looking for a sample.

                    If it's not broken, fix it until it is

                    1 Reply Last reply
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                    • S Slacker007

                      I would think your attorney should be handling this.

                      K Offline
                      K Offline
                      Kevin Marois
                      wrote on last edited by
                      #11

                      I don't have an attorney. As I said, I don't see the point in paying someone $$$ to fill in a few blanks. There's got to be a template/sample letter somewhere.

                      If it's not broken, fix it until it is

                      O 1 Reply Last reply
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                      • K Kevin Marois

                        I was writing an app for a client. I was NOT a Work For Hire, therefore I own the copyright to the code. See here if you're interested.[^] At any rate, I want to send the client a Cease And Desist letter so that he cannot use any portion of the app. Does anyone have a template letter? 1. Please don't tell me to get a lawyer. I don't want to spend hundreds of dollars so a lawyer can fill in the blanks on a template. 2. Please don't start debating the legalities of this. I am the owner, and it's not debatable. I simply want to see if anyone has a template letter. Thanks

                        If it's not broken, fix it until it is

                        L Offline
                        L Offline
                        Lost User
                        wrote on last edited by
                        #12

                        Like this[^] ?

                        K 1 Reply Last reply
                        0
                        • L Lost User

                          Like this[^] ?

                          K Offline
                          K Offline
                          Kevin Marois
                          wrote on last edited by
                          #13

                          Yes, thank you Problem solved.

                          If it's not broken, fix it until it is

                          L E 2 Replies Last reply
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                          • K Kevin Marois

                            Yes, thank you Problem solved.

                            If it's not broken, fix it until it is

                            L Offline
                            L Offline
                            Lost User
                            wrote on last edited by
                            #14

                            You're welcome. Good luck!

                            1 Reply Last reply
                            0
                            • K Kevin Marois

                              I was writing an app for a client. I was NOT a Work For Hire, therefore I own the copyright to the code. See here if you're interested.[^] At any rate, I want to send the client a Cease And Desist letter so that he cannot use any portion of the app. Does anyone have a template letter? 1. Please don't tell me to get a lawyer. I don't want to spend hundreds of dollars so a lawyer can fill in the blanks on a template. 2. Please don't start debating the legalities of this. I am the owner, and it's not debatable. I simply want to see if anyone has a template letter. Thanks

                              If it's not broken, fix it until it is

                              M Offline
                              M Offline
                              Maximilien
                              wrote on last edited by
                              #15

                              Get a lawyer; it should not cost you more than $100 to have them write it (ask before). It is something that gets done everyday (and your case is not "complex"). No need to get the big shot lawyers, just get a small one; for that kind of things it does not matter that much.

                              I'd rather be phishing!

                              1 Reply Last reply
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                              • K Kevin Marois

                                I was writing an app for a client. I was NOT a Work For Hire, therefore I own the copyright to the code. See here if you're interested.[^] At any rate, I want to send the client a Cease And Desist letter so that he cannot use any portion of the app. Does anyone have a template letter? 1. Please don't tell me to get a lawyer. I don't want to spend hundreds of dollars so a lawyer can fill in the blanks on a template. 2. Please don't start debating the legalities of this. I am the owner, and it's not debatable. I simply want to see if anyone has a template letter. Thanks

                                If it's not broken, fix it until it is

                                R Offline
                                R Offline
                                R Giskard Reventlov
                                wrote on last edited by
                                #16

                                How would you react if you got a cease and desist letter from a developer? You'd laugh, shred it and forget it. How would you react if you got a ceased and desist letter form lawyer? You'd take it seriously. You're being foolish trying to handle legal matters if you are not a lawyer. After all, you wouldn't ask a lawyer to help you code...

                                L 1 Reply Last reply
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                                • K Kevin Marois

                                  I was writing an app for a client. I was NOT a Work For Hire, therefore I own the copyright to the code. See here if you're interested.[^] At any rate, I want to send the client a Cease And Desist letter so that he cannot use any portion of the app. Does anyone have a template letter? 1. Please don't tell me to get a lawyer. I don't want to spend hundreds of dollars so a lawyer can fill in the blanks on a template. 2. Please don't start debating the legalities of this. I am the owner, and it's not debatable. I simply want to see if anyone has a template letter. Thanks

                                  If it's not broken, fix it until it is

                                  M Offline
                                  M Offline
                                  Mark_Wallace
                                  wrote on last edited by
                                  #17

                                  this[^] should do the job.

                                  I wanna be a eunuchs developer! Pass me a bread knife!

                                  K 1 Reply Last reply
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                                  • M Mark_Wallace

                                    this[^] should do the job.

                                    I wanna be a eunuchs developer! Pass me a bread knife!

                                    K Offline
                                    K Offline
                                    Kevin Marois
                                    wrote on last edited by
                                    #18

                                    Ya, that would do it

                                    If it's not broken, fix it until it is

                                    1 Reply Last reply
                                    0
                                    • R R Giskard Reventlov

                                      How would you react if you got a cease and desist letter from a developer? You'd laugh, shred it and forget it. How would you react if you got a ceased and desist letter form lawyer? You'd take it seriously. You're being foolish trying to handle legal matters if you are not a lawyer. After all, you wouldn't ask a lawyer to help you code...

                                      L Offline
                                      L Offline
                                      loctrice
                                      wrote on last edited by
                                      #19

                                      Karel Čapek wrote:

                                      After all, you wouldn't ask a lawyer to help you code

                                      :thumbsup:

                                      Elephant elephant elephant, sunshine sunshine sunshine

                                      1 Reply Last reply
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                                      • K Kevin Marois

                                        I was writing an app for a client. I was NOT a Work For Hire, therefore I own the copyright to the code. See here if you're interested.[^] At any rate, I want to send the client a Cease And Desist letter so that he cannot use any portion of the app. Does anyone have a template letter? 1. Please don't tell me to get a lawyer. I don't want to spend hundreds of dollars so a lawyer can fill in the blanks on a template. 2. Please don't start debating the legalities of this. I am the owner, and it's not debatable. I simply want to see if anyone has a template letter. Thanks

                                        If it's not broken, fix it until it is

                                        P Offline
                                        P Offline
                                        Peter Moore Chicago
                                        wrote on last edited by
                                        #20

                                        I am an IP lawyer and trust me it's never cut and dried. Look up implied non-exclusive license. I don't know your details (or want to) but you're foolish if you think you know all the answers and can get a good outcome without professional advice. If it's not worth your money to hire a lawyer then it's not worth fighting over. And no one in their right mind is just going to give you a "template" that is worth anything.

                                        K 1 Reply Last reply
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                                        • K Kevin Marois

                                          I don't have an attorney. As I said, I don't see the point in paying someone $$$ to fill in a few blanks. There's got to be a template/sample letter somewhere.

                                          If it's not broken, fix it until it is

                                          O Offline
                                          O Offline
                                          obermd
                                          wrote on last edited by
                                          #21

                                          You need a lawyer. Even though you can find C&D examples on the web you'll need a lawyer to enforce it. If it's a matter of your client not paying for your software, go to http://www.acainternational.org/memberdirectory.aspx[^] to find a reputable collection agency.

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