threat of suit with copied documents

[timnsuer1]

What is the name of your state? Tennessee

all

I'm being threatened of law suite for copyright infringement on a house plan design, I did totally unintentionally. Ok fine, but the complaintant sent a letter to me with copies of a court decision he won by "Default Judgement". Is it legal to send copies of a court document via FedEx of someone eleses case as implied threat???

 

[seniorjudge]

Q: Is it legal to send copies of a court document via FedEx of someone eleses case as implied threat???

A: Yes; the first amendment guarantees our freedom of speech.

 

[timnsuer1]

threat

Q: Is it legal to send copies of a court document via FedEx of someone eleses case as implied threat???

A: Yes; the first amendment guarantees our freedom of speech.

what about the privacy of the defendant in the other case? and would this not be considered some form of extortion?

 

[seniorjudge]

Q: what about the privacy of the defendant in the other case? and would this not be considered some form of extortion?

A: According to your post, these were "copies of a court decision he won by 'Default Judgement'". These are public documents and there are no privacy rights in such cases.

 

[timnsuer1]

what about the privacy of the defendant in the other case? and would this not be considered some form of extortion?

extortion?

 

[seniorjudge]

extortion?

Not even close:

Definitions of extortion on the Web:

an exorbitant charge
www.cogsci.princeton.edu/cgi-bin/webwn

unjust exaction (as by the misuse of authority); "the extortion by dishonest officials of fees for performing their sworn duty"
www.cogsci.princeton.edu/cgi-bin/webwn

the felonious act of extorting money (as by threats of violence)
www.cogsci.princeton.edu/cgi-bin/webwn

Forcing a person to give up property in a thing through the use of violence, fear or under pretense of authority.
www.duhaime.org/dictionary/dict-e.htm

To use one’s position or office to obtain money or other things of value, when none is due or not so much is due, or before it is due. Oppressive, threatening or illegal extraction??, as of excessive price or interest.
www.icac.nsw.gov.au/sitehelp/index_sitehelp.cfm

1. In common law, the corrupt collection by a public official of an excessive or unauthorized fee; punishable as a misdemeanor. Under modern society the offense includes illegal taking of money by anyone who employs threats, or other illegal use of fear to coercion, to obtain money, and whose conduct falls short of the threat to personal safety required for robbery. Extortion is used interchangeably with blackmail and is commonly punished as a felony.
www.data-quik.com/definitions/e.htm

 

[timnsuer1]

what about extortion?

 

[timnsuer1]

what about extortion?

what about being a greedy, money hungry goober with low morals???? bet your going to say that's not illegal, right? Oh well, thank you for your time.

 

[seniorjudge]

what about being a greedy, money hungry goober with low morals???? bet your going to say that's not illegal, right? Oh well, thank you for your time.

You are welcome.

 

[GaAtty]

GAAtty

I see no reason why that wouldn't be legal. Actually, the person is helping you by calling your attention to something that you'd better not do, which is default. What that means in English is, that this person sued someone and the person didn't bother to make a written response to the court within the required number of days. As a result, the person sued lost without having a hearing in court. If this person sues you, don't do that! On the other hand, a copy of his default judgment doesn't tell you much about whether he has a wonderful case. It just tells you that he is a litigious person and will go to court. So what. Winning by default judgment is just a lucky break. Don't be worried yet. If this person was really going to sue you, they wouldn't waste time sending you a fax, they'd just sue you.

 

[seniorjudge]

I see no reason why that wouldn't be legal. Actually, the person is helping you by calling your attention to something that you'd better not do, which is default. What that means in English is, that this person sued someone and the person didn't bother to make a written response to the court within the required number of days. As a result, the person sued lost without having a hearing in court. If this person sues you, don't do that! On the other hand, a copy of his default judgment doesn't tell you much about whether he has a wonderful case. It just tells you that he is a litigious person and will go to court. So what. Winning by default judgment is just a lucky break. Don't be worried yet. If this person was really going to sue you, they wouldn't waste time sending you a fax, they'd just sue you.

This reminds me of the time I called out a missing criminal defendant's name three times and, when she didn't appear, issued a warrant for her arrest.

I walked out the door and there she was in the hallway.

We all troop back inside.

"But," she said, "I was HERE!" (pointing to the hallway.)

"But," I said, "you were not HERE!" (pointing to where she was standing.)

 

[msincognito]

What is the name of your state? Tennessee

all

I'm being threatened of law suite for copyright infringement on a house plan design, I did totally unintentionally. Ok fine, but the complaintant sent a letter to me with copies of a court decision he won by "Default Judgement". Is it legal to send copies of a court document via FedEx of someone eleses case as implied threat???

Why do they think you copied their house plans? And what are they asking you to do to avoid a lawsuit?

If this is someone who designs houses for a living and often catches people ripping off his/her plans(sounds like it) you better expect they've got experienced legal counsel on this issue. You might want to at least consider taking the intitial papers to an attorney familiar with intellectual property law and asking their opinion.

If you did use their design, you might get out of it with an offer to pay and a slight "dipwad" adjustment. But that offer shouldn't be given until you've got an attorney.