Legal Threats from Lawyer

[IntellectuaMax]

What is the name of your state (only U.S. law)? California

Is it possible for a lawyer to sue you if you send him an e-mail expressing your disapproval of an action he made? I run a website and it recently got the cease and desist notification because of copyrighted content (which is still questionable about whether it was actual infringement).

I encouraged my website members, who need the content, to e-mail the lawyer responsible and express how you feel. According to them, he threatened them with a lawsuit if they do not stop e-mailing him.

Can he do this? Is it illegal in California, or in the country, for anyone to threaten someone with a lawsuit when what they are doing is perfectly legal?

Thanks for your help!

 

[VeronicaLodge]

if what they are doing/saying in their emails constitute harassment or other illegal matter, then he can legally tell them to stop or he will take legal action against them.

 

[quincy]

IntellectualMax, you have probably helped this attorney with any copyright infringement lawsuit he is considering against your site, by helping him compile the email addresses of your members, many of whom may be equally guilty of infringing on copyrighted work. He will have an easier time, in other words, identifying those on your site who have posted material purloined from other websites.

And, Veronica is right that the flooding of the attorney's email account with derogatory emails can be considered harassment. Since you encouraged the action taken by your members, you could be held liable in any harassment suit the attorney may consider.

In addition, and in regards to your other post in the Copyright section of the forum, an agreement or contract that exempts a party from liability for harm caused intentionally or recklessly is generally unenforceable on grounds of public policy. The terms of your agreement may also be considered by the courts to be "unconscionable" in that the attorney had no meaningful choice or real alternative but to violate the terms, and by sending the cease-and-desist letter to you he did not in fact assent or appear to assent to the unfair terms of your agreement.

 

[Dandy Don]

You need to be consulting an attorney to determine whether you have infringed or not.