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Author Topic: VFW local site  (Read 14563 times)

Johnno1357

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VFW local site
« on: February 09, 2019, 06:37:03 PM »
Looking at all this, I'm pretty confused about my next step.  I am a amateur web designer and I help local clubs, churches, etc.   One of the groups, a local VFW, received the dreaded Higbee letter.  It appears as though there was a photo I used from another veteran publication that I assumed was in public use (bad assumption).  The website has been defunct and not available for months now and I had hoped that would remove the violation concern.  The letter states that they will have to pay $2130 within 14 days or go to court.

Any advice?
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Robert Krausankas (BuddhaPi)

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Re: VFW local site
« Reply #1 on: February 09, 2019, 08:57:01 PM »
read the forums, get educated, then move forward in one way or another...any and all advice is already here somewhere, you need to do the footwork..
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Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

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Matthew Chan

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Re: VFW local site
« Reply #2 on: February 15, 2019, 01:32:37 AM »
It certainly doesn't hurt that both the image and website is down. It does mitigate the issue.

Regarding your letter, it is unclear to me whether this is an early letter or a followup letter.  Most early letters threatening a lawsuit is a scare tactic.  However, later letters with these threats may hold more water depending on the overall situation and circumstances.  You have not provided enough info.

Quote from: Johnno1357 on February 09, 2019, 06:37:03 PM
Looking at all this, I'm pretty confused about my next step.  I am a amateur web designer and I help local clubs, churches, etc.   One of the groups, a local VFW, received the dreaded Higbee letter.  It appears as though there was a photo I used from another veteran publication that I assumed was in public use (bad assumption).  The website has been defunct and not available for months now and I had hoped that would remove the violation concern.  The letter states that they will have to pay $2130 within 14 days or go to court.

Any advice?
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I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.
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