Cease And Desist Letter
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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
I would think your attorney should be handling this.
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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.
:thumbsup:
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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.
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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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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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
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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
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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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.
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
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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:
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
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I would think your attorney should be handling this.
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
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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
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Yes, thank you Problem solved.
If it's not broken, fix it until it is
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Yes, thank you Problem solved.
If it's not broken, fix it until it is
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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
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!
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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
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...
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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
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Ya, that would do it
If it's not broken, fix it until it is
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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...
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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
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.
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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
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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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.
+1. Here's a response to a C&D letter that was probably cranked out from a template (feel free to use it as a pattern!), and you can see what a [real] lawyer does to it. http://abovethelaw.com/2013/06/how-to-write-a-great-response-to-a-cease-and-desist-letter/[^]
