2 legal questions. Please help me if you can.

[ssanders]

Hi, I have 2 legal questions...

The first is, what is the rule on copying content from another site if you can't find out who owns it. Like, if you search for the content you are copying word for word in google, and like hundreds of other sites have the exact same content word-for-word on their sites, does this mean its ok to also use it as long as you cite the site you first got it from? Or whats the rule on that?


My second question is, I have a contract with a person about buying one of my domain names, it's a very nice contract, the guy is professional (He is teh director of the movie Josie and the Pussycats), but he flaked on the contract. I still have control of the domain, however, I would rather have the money, plus it has been stressing me out for the passed several months. I can't figure out what to do. Ideas?


Thanks so much. I'll be happy to donate DN$ to people who give good advice.

no help?

 

[Theo]

Nice questions - contact a lawyer. Oh and they won't take DNF$, I hear.

 

[ssanders]

Nice questions - contact a lawyer. Oh and they won't take DNF$, I hear.

Ha....ha...ha...?


Anyways, I thought this forum was for free legal advice...what makes my question(s) so much different than all the other ones that people help with for free? :-\

 

[datat]

1. If 5 people steal apples from a fruit stand, you come along and steal one. You are still a thief, the fact that others have done it is no defence.

2. I assume your buyer wrote in a get out clause. If you wrote the contract - what is the penatly?

I'm no lawyer - just looking at the surface.

 

[DNGeeks]

You could always quote the content you want to use, and give whatever site you copied from the credit. Yes you are still copying without permission, that doesn't make it right, but it makes you feel better. I know I've searched for content I've written and seen it on sites and they linked back to me, I wrote to them and thanked them for the link back.

As for the contract, if there was a clause that detailed anything about backing out, then you need to see a lawyer. If it was a contract to purchase and it was signed, even without a backout clause you still have a contract, and by not buying that's breach of contract.

Take the contract to a lawyer and see what they have to say. Some lawyers will give you a free consultation.

 

[ssanders]

1. If 5 people steal apples from a fruit stand, you come along and steal one. You are still a thief, the fact that others have done it is no defence.

2. I assume your buyer wrote in a get out clause. If you wrote the contract - what is the penatly?

I'm no lawyer - just looking at the surface.

There's no get out clause, as for your first example, thats not really a good metaphor for this situation.


DNGeeks, how would i find the original creator if there are like 100 sites with the same info on it?

 

[Dave Zan]

Anyways, I thought this forum was for free legal advice...what makes my question(s) so much different than all the other ones that people help with for free? :-\

Many people get that impression. But if you really want free legal advice, I
just PMd you a forum that supposedly does (disclaimer: I haven't asked any
potential legal question there yet because I currently don't have any).

Besides, this portion you're asking about is for legal issues involving mostly
domain names.

how would i find the original creator if there are like 100 sites with the same info on it?

Try google. Otherwise, good luck.

 

[ssanders]

Many people get that impression. But if you really want free legal advice, I
just PMd you a forum that supposedly does (disclaimer: I haven't asked any
potential legal question there yet because I currently don't have any).

Besides, this portion you're asking about is for legal issues involving mostly
domain names.



Try google. Otherwise, good luck.

Thanks for the forum.

As for "trying google".... how would google help me find the original creator when I search on google and hundreds of the same thing pop up?

 

[Domagon]

I've bought and sold numerous domains with no written contract of any kind. Key is that both parties are clear as to what is expected from the other; to the best of my knowledge, domain names is not a type of asset where written contracts are required.

With that said, escrow.com may be the solution you're looking for - it has been for some other folks in a similar situation.

https://www.escrow.com/

The buyer will need to setup a free account there - once done, you're good to go

Ron

You could claim you're caching the data akin to Google's cache LOL!

Seriously, just because it's not clear who created the content, doesn't mean you can just copy it - most all content is *automatically* copyrighted - this applies to many countries, not just the U.S.

With that said, you may cite portions of such content - for the author use something like "unknown" or "anonymous".

Finally, copying content verbatim may be within fair use rights in some rare instances - fair use is a tricky legal area and for most all entities/uses, including non-profits, such wholesale copying is asking for trouble.

Ron

 

[ssanders]

I've bought and sold numerous domains with no written contract of any kind. Key is that both parties are clear as to what is expected from the other; to the best of my knowledge, domain names is not a type of asset where written contracts are required.

With that said, escrow.com may be the solution you're looking for - it has been for some other folks in a similar situation.

https://www.escrow.com/

The buyer will need to setup a free account there - once done, you're good to go

I'm not completely sure if you read my post right