Ask HN: How to handle a cease and desist? | Hacker News Reader

Ask HN: How to handle a cease and desist?

2 pointsthrowaway6685 comments

I'm a solo developer and have a successful SaaS business. I've received a cease and desist from a very large company my product works on top of.

For people that have similar experience, should you take a cease and desist email serious, or wait until an actual injunction has been filed?

I honestly don't believe my service breaks any laws, but I obviously can't battle one of the largest companies in the world all by myself.

I don't want to shut down my business because I received an email that could very well be a scare tactic. What should I expect next? I assume an injunction that demands I stop the service and/or battle it in court?

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In the US, copyright damages are basically profits made times a multiplier based in willfullness. Once you have received a cease and desist letter, any further copyright infringement gets mega-multiplied damages.

Other areas of the law work similarly with big increases for willfulness.

One example is Hulk hogan vs the-media-company-that-will-not-be-named. Not only did they not remove the video after a cease and desist, they also refused a judge's orders. This led to epic damages in the final court ruling - 140 million and it put them out of business.

So this is something that cannot be lightly ignored. If you do anything other than stop doing whatever the other company is mad about, you absolutely need to check with a lawyer first.

This will cost money. I'm sorry.

Thanks for the detailed answer-- I assume an email from said company would constitute a "cease and desist letter" although it was not signed by a judge, etc?

The email essentially said I have 72 hours to cease or they will pursue legal action.

Correct - they just have to notify you. It does not have to be signed by a judge.

They may or may not be bluffing about 72 hours, but if you decide to continue you need to have talked to a lawyer.

The most honest answer you're going to get is the one you already suspect you will: get a lawyer, and don't underestimate how easy it is for $EVIL_CORP to bury most people or orgs with legal costs alone however unjustifiable (or not) the cause for their ire might be.

Lawyer up. Only legal advice will help you here. I would remove this post.

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