Cease-and-Desist letters as self-executing copyright bombs
Originally posted 2007-10-13 23:50:07. Republished by Blog Post Promoter
Techdirt reports (thanks, Pennywit!) on a law firm that tells recipients of its questionable “C&D” letters that if they dare post them, they’ll be liable for copyright infringement. This is the law firm, and this is the letter. And this is the response. (And here’s the definitive treatment, via the Citizen Media Law Project).
A very good lawyer taught me, as a young pup, that you should never put anything on your legal stationery you’re not prepared to use, or see the other side use, as an exhibit to a motion — i.e., ask yourself, “What will the judge think when he reads this?” Now the question is a lot broader, as is the advice: Don’t write a so-called “lawyer’s letter” that you’re not prepared for the whole world to see.
Some more homey advice: Don’t make threats you can’t back up. And don’t try making a bomb just to have it blow up in your face.
UPDATE: The other shoe drops. Are you moved? Pennywit writes: “I’m actually quite surprised at the intense personal tone of parts of it; wouldn’t even a minimum amount of professionalism mandate a certain detachment?”