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 Chilling Effects Clearinghouse > Copyright > Notices > A Classic Example of a Cease and Desist Notice (NoticeID 7982, http://chillingeffects.org/N/7982) Printer-friendly version

A Classic Example of a Cease and Desist Notice

February 21, 2005

 

Sender Information:
[Sender]
Sent by: [Private]
[Private]

Recipient Information:
[Private]
[Recepient]
USA


Sent via: email
Re: [ABUSE] CEASE AND DESIST NOTICE

-----Original Message-----
From: [Sender]
Sent: Monday, February 21, 2005 3:39 PM
To: [Recipient]
Cc: [Recipient]
Subject: Fwd: [ABUSE] CEASE AND DESIST NOTICE

-----BEGIN PGP SIGNED MESSAGE-----
[Private]


Your email is being sent to our copyright-related legal counsel at the
address [private] for consideration.

- --
Thanks,

[Private]


This is a forwarded message
From: [Sender]
To: [Recipeint]
Date: Monday, February 21, 2005, 3:15:53 AM
Subject: [ABUSE] CEASE AND DESIST NOTICE

===8<==============Original message text===============
PRIVATE AND CONFIDENTIAL
Publication of this email on any public website or forum will result in
prosecution.

To whom it may concern,

This is a cease and desist notice for [private], owner of [private]. He
has 48 hours to remove ALL reference of [private], and my name/nick from
his forum, including this post by 'mana' located here:

[private]

Failure to do so will result in legal action being taken for civil damages
and will incurr a $50 per day fee for it's placement on there,
and could also result in possibly criminal prosecution for protection of a
hacker.

Your's sincerely,
[Private]


===8<===========End of original message text===========
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FAQ: Questions and Answers

[back to notice text]


Question: What is prosecution?

Answer: The institution and conduct of legal proceedings against a defendant for criminal behavior.


[back to notice text]


Question: What does "cease and desist" mean?

Answer: Cease-and-desist is a legal term meaning essentially stop: It is used in demands for a person or organization to permanently stop doing something (to cease and desist from doing it).


[back to notice text]


Question: What is a civil lawsuit?

Answer: In a civil lawsuit, the victim brings a case for money damages against the offender or a third party for causing physical or emotional injuries. Regardless of the outcome of any criminal prosecution, or even if there was no prosecution, crime victims can file civil lawsuits against offenders and other responsible parties. The person who starts the lawsuit is called the plaintiff,and the person or entity against whom the case is brought is called the defendant. Unlike a criminal case, in which the central question is whether the offender is guilty of the crime, in a civil lawsuit, the question is whether an offender or a third party is responsible for the injuries suffered

In a civil suit, unlike a criminal prosecution, the plaintiff is responsible for the cost of litigation. Most attorneys handle victim cases on a contingency basis, which means that the attorney fee is deducted from the final award. This allows individuals to have access to the civil justice system without the need to finance the case themselves. If the case is not successful, the victim usually pays nothing. In a civil suit, the attorney directly represents the victim


[back to notice text]


Question: What are damages?

Answer: Damages are a sum of money paid in compensation for loss or injury.


[back to notice text]


Question: what is criminal prosecution?

Answer: A criminal prosecution is a legal action brought by the state against an individual or group of individuals for violating state criminal laws.


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