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Off-topic \  Anyone here a lawyer?

Anyone here a lawyer?

Off-topic General Discussions
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broadband   +1y
So I had to pay to have my engine rebuilt in my 2008 F250 Super Duty because of what i believe were dealer errors so i started a site to help people make educated choices when buying a new vehicle.Well as of today, i got my cease and disist letter from the dealerships lawyer. They want me to immediatly shut the site down and hand over the rights to the site to this individual. I am not looking for free advise for the whole case but rather just some quick advise on where i stand. Should i shut it down or take the chance and wait until monday to talk to my lawyer? Any help would be greatly appreciated. You can follow the story at Stuck Pushrod and here is my letter
SunsetRanger   +1y
Well I know that if all the statements on your website are true then now way can they be libellous..  Here is a quote from dictionary.com "harmful and often untrue; tending to discredit or malign" So if the statements are true then there is no way your statements are libellous. I think it's a scare tactic no more then when Joe Morrow was trying to get StreetScene and other websites to shut down and transfer ownership to him. I would talk to a lawyer and tell the dealership to go to hell.. First thing I would do is put the ownership of the website under a LLC or soemthing along those likes. The reason for this is if they do go after you they can't go after your personal belongings only those that the "company" owns.  also I am in no way a lawyer. I work and speak to them on a daily basis in what I do for a living so I would talk to a lawyer and let him give you the best solution. However no way would I back down..
broadband   +1y


Thank you for the advise. Monday is coming up quickly here so we will see what the lawyer says. I did do alot of research already and the letter they sent me was identical to what you can read off of http://www.icann.org/en/udrp/udrp-policy-24oct99.htm with the omission of some key words like: a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).

e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").

f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.

g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.

h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.

i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant. So it seems that without this information being sent with the rest of it, it sounded alot more serious than what it is. Definatelly a scare tactic and I will wait and talk to my lawyer. And it seems that even after they will need to proceed with this Administrative Panel so i think i am good for a while. Thanx again
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