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TRO / Cease and Desist
Old 09-28-2006, 11:37 PM TRO / Cease and Desist
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Let me proclaim loudly that I am not here looking for legal advice. I am wondering if anyone has any knowledge or experience as a webmaster relating to the following...

I am contacting an attorney tommorrow...

I own a website (hosted on my dedicated server). The site is an internet radio station with downloadable mp3's. These MP3's are all original content... interviews.

One interview is a DJ discussing a product with the distributor of the product. The product discussed in the interview has now come under scrutiny and a company filed lawsuit against the distributor (the one in the interview).

A judge has granted a temporary restraining order "prohibiting agents, servants, employees, or attorneys from advertising, marketing, or promoting said product"

Important to note that I am also the "host" for the 'distributor' above. Also note that he has removed all reference to the product from his domains.

However, on the internet radio domain (which I personally own) the interview conducted with the distributor is available for download.

Today, I received an email (forwarded to me ) from an attorney demanding that I remove the interview from the site and that I remove the discussion about the product from the forum. Also note that the discussion in the forum contains an informative exchange between the DJ who conducted the interview and a representative of the company that is now suing about the product.

Also note that the company suing was contacted and asked if they would also like to be interviewed.

Supposedly, the context of the email (from the attorney) has been sent fed-ex to my PO Box. I'll check tommorrow, I definitely want to se this in writing before worrying too much.

Any thoughts or experience here?

I know the forum area is grey but once I have been "reasonably notified" that content in the forum is of an illegal nature.... I am obligated to take action as I understand it.
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Old 09-29-2006, 03:25 AM Re: TRO / Cease and Desist
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I'd just take it all down. The forum thread could be moved to an inaccessible section until the whole thing blows over or (as a last resort) just deleted. Is there any particular reason why you wouldn't want to remove that stuff?
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Old 09-29-2006, 07:05 AM Re: TRO / Cease and Desist
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Probably right... just being stubborn.

I like the traffic received because of the keywords and discussion but will likely just take it down to avoid the hassle.
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Old 09-29-2006, 08:14 AM Re: TRO / Cease and Desist
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You could still talk about it on your forum i would think.... You just can't have the media available for download.
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Old 09-29-2006, 09:03 AM Re: TRO / Cease and Desist
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Agree with stOx.
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Old 09-29-2006, 11:29 AM Re: TRO / Cease and Desist
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I'd just pull it down for now and leave a post on your board explaining the situation briefly, that "XXX product may not be discussed due to a pending legal matter. All topics and posts relating to XXX product, with the exception of this one, will be deleted until said legal matter has reached its conclusion."

That way, people can't talk about it, can't do anything to promote it, and you're off the hook.
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Old 09-29-2006, 11:55 PM Re: TRO / Cease and Desist
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Thanks all for the input.
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Old 10-05-2006, 06:09 PM Re: TRO / Cease and Desist
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I dont see how they could make you remove a/the interview.

Imagine what that would do to the news industry......

I think it would be interesting to hear what your lawyer says.
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