UBERMORGEN.COM on Mon, 11 Jan 2010 11:59:36 +0100 (CET)

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Re: <nettime> Facebook demands Cease & Desist for the "Web 2.0 Suicide Machine"


from my experience, you do not need to do anything just because you  
received a cease and desist letter. it has nothing to say, it has no  
legal value, it's just a warning and even more there to scare you and  
does not even necessarily include the proper place of a potential law  
suit or it's correct contents - it can even be here to confuse you  
about what and where they will actually sue you, if they do... and if  
they sue you in the U.S. it has not meaning for you and WORM at all,  
U.S. law does not apply in europe, and your servers, personell :) and  
companies and institutions are all on european mainland.

so i would just leave it at that, ignore it until you receive an  
actual law suit (we never even dealt with U.S. lawsuits, they are for  
the trashcan or you can exhibit them). cease and desist letters are  
here to scare you, for nothing else. as we saw with piracy of the  
amazon, it sometimes even works with career-focussed youngsters or  
unexperienced people that are scared of the legal system and threats  
by people wearing suits.

the other thing is, if you wanna continue doing what you are doing  
(suicidemachine), you should search for a good dutch lawyer with  
knowledge in the digital field, go through the facebook  
terms&conditions and see if they actually apply for the netherlands,  
or are legally valid in the netherlands and then discuss with the  
lawyer if there is something you have to do, change or adapt to be  
within the law of the netherlands or whether you are safe anyway. and  
this would be a proactive strategy, and not a passive strategy like  
reacting to a cease and desist letter. just don't let them scare you,  
you are not doing anything illegal!

greetz from hans-
... just safely returned from the war zones of gaza, westbank,  
jerusalem, ashkelon, hebron, ramallah, tel aviv and ein kerem,, ((tx  
to mamuta.org & the art academy of palestine www.artacademy.ps))


hans@ubermorgen.com, http://www.ubermorgen.com
Skype Hans_Bernhard
Mobile +43 650 930 00 61
Studio .at +43 1 236 19 85
hansbernhardblog - daily drugs&food
1001 Songs, Crónica 043~2009
twitter.com/hansbernhard, facebook.com/ubermorgen


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