Internet-Proofing your Cease and Desist Letter [Revisited]
[Post by Venkat Balasubramani]
I blogged some time ago about steps you can take to “‘Internet-Proof’ Your Cease and Desist Letter.” Here’s what happens when you don’t.
The law firm Lazar, Akiva & Yagoubzadeh sent a cease and desist letter to Boing Boing. When you send a letter to someone like Boing Boing, they are going to post it . . . so if you send one, you should make sure it’s clean and defensible (and relatively reasonable). Apparently, this particular one was not, and Boing Boing posted the letter. (See “Stupid legal threat of the young century.”) Boing Boing also said it was one of the worst letters they had received (and it seems like they receive a lot of cease and desist letters):
Boing Boing has been on the receiving end of one or two stupid legal threats in our day but this one from the firm of Lazar, Akiva & Yagoubzadeh takes the cake, the little cake topper, the frosting and all the candles, as well as the box and the cake-stand and the ornamental forks.
In response, the company on whose behalf the letter was sent walked back the allegations in the letter. It also publicly severed its relationship with the law firm who sent the letter. (“K-12 tutoring company fires law firm over blog spat“) (California Watch) (via Volokh)
Internet justice in action! Boing Boing didn’t even have to have its lawyers write a response back. They simply posted the letter, and things took care of themselves.