C&D from Facebook...

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they want to get your affiliate info to see if you're worth suing or pursuing action against.

when you say comply what do you exactly mean?

If I was you I would delete your FB account and stay far away for a while and speak to a attorney.

Sending them any information may hurt you in a law suit later on down the line.

Hit up one of the WF lawyers and ask them for some advice.
 


it was me. i did it
why you think i want to know your campaign ernings bro?
i read a wso on methods of scraping other ppls campaigns.
 
didn't i say enjoy your letter from perkins coie?

my advice... no longer post stuff in public forums about defrauding a big company...

and close up shop on fb
 
Somebody posted this the other day but it seems to be applicable here. time 1:46 may help (swap google for Facebook).


[ame="http://www.youtube.com/watch?v=Ma7hERbsjd4"]YouTube - Frank Kern's Bad Advice[/ame]
 
As far as accusing you of using pornography they probably only used that term over obscenity because although it was only explicit words it was an image.

I also 100% agree with not showing earnings or even who i'm an affiliate with unless it was forced. Good luck man, hopefully they leave it alone if u do.
 
They didn't say pornographic images, but the ad copy you used can definitely be considered pornographic and inappropriate (regardless of it was approved by a FB rep or not, unfortunately in your case).

Definitely talk with a lawyer, and make your next steps based on their advice.

Good luck, bro.
 
mGrunin said:
Am I within my right if I request them to send me the pornographic images that I'm being accused of using?
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Hm, are they specifically stating that you used pornographic images? Or are they only referring to "pornographic content"?

I'm certainly no lawyer and don't know too much about US laws, but maybe there's some way for them to interpret explicit text (maybe in combination with a harmless pic) as pornographic.

Sounds like bullshit, but wouldn't surprise me that much.


As incompetent as I am, I can't imagine them really going after you if you're reacting in the right way now, as others have already noted. Good luck.

edit: Whoops, too slow, text thing already mentioned.
 
DanGlobalizer said:
They didn't say pornographic images, but the ad copy you used can definitely be considered pornographic and inappropriate.
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Even though there was no nudity, like others have said the wording on the image could be considered pornographic. "The depiction of erotic behavior (as in pictures or writing) intended to cause sexual excitement"
 
mGrunin said:
Am I within my right if I request them to send me the pornographic images that I'm being accused of using?
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They are obviously on a fishing expedition. Anything you say will be used against you.

Why should you volunteer any info? Ask them to provide evidence of their allegations to see if they have anything real.

FTC-Hater said:
No. Don't contact them back immediately especially if you're asking for information without disclosing any of the information they wanted. You just put yourself into a legal corner.

Contact your lawyers and consult with them. Chances are they'll recommend drawing up a reply to hopefully cease all further action. The reply will come from your lawyer, not from you personally.

This is not a scenario where you want to e-mail back personally going, "yo, what pics you talking bout bro? no naked chicks i swear."

Lawyers are like blood-hounds except they sniff for incorrect wording, not blood. That's why whenever I get sued it all goes straight to my lawyers, replying with little to no understanding of legal terminology is a risky move.

I believe you have me on AIM if you want my further opinion.
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Why would replying put you in a legal corner? As long as you are not making any statements (like "no naked chicks i swear") and just asking for evidence where is the risk?

It is fine to have your lawyers reply if you are uncomfortable with your understanding of legal terminology, however at the end of the day it is a good idea to learn it.

In any case I see no reason to rush with a response. If they send you a certified snail mail then it probably means they are really going after you.
 
DKPMO said:
They are obviously on a fishing expedition. Anything you say will be used against you.

Why should you volunteer any info? Ask them to provide evidence of their allegations to see if they have anything real.



Why would replying put you in a legal corner? As long as you are not making any statements (like "no naked chicks i swear") and just asking for evidence where is the risk?

It is fine to have your lawyers reply if you are uncomfortable with your understanding of legal terminology, however at the end of the day it is a good idea to learn it.

In any case I see no reason to rush with a response. If they send you a certified snail mail then it probably means they are really going after you.
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The risk is he isn't a fucking lawyer and probably knows very little about his rights and how to respond. Facebook has proven they aren't a company to fuck with, so FTC Hater as usual posted the best response in this bitch.
 
Facebook employees are bound to be on the forums.

You've discussed this image on the forums in the past.

You've openly requested accounts to purchase.

Your best bet is that they simply want you to quit creating new accounts.

The image was against their TOS, but what can they go after you for?

Unjust enrichment? Unauthorized Access?
 
They sent you a C&D, they are basically just telling you to GET THE FUCK OFF FACEBOOK!

As long as you do that, don't fuck around with them, you'll be fine. A C&D is serious, but don't overreact. They are not suing you for anything.

Usually they will give you a timeframe to comply with their requests. Did you see anything that said you have X days to submit your affiliate earnings? If not, then don't even reply. But stay the fuck away from facebook bro.
 
mGrunin said:
- Provide an accounting of all the commissions I've earned from my affiliate networks, referral commissions and the dates I was an affiliate.
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This seems like a really odd request. I definitely would not respond without consulting with an attorney. Gotta wonder if they plan to threaten the networks. Don't know why else they would ask for that info.
 
Please respond to me in writing no later than close of business on Friday, March 11, 2011 confirming that You:

- Have stopped and will refrain from accessing Facebook's site and/or services for any
reason; and

- Have stopped and will refrain from creating or displaying advertisements of any kind on
Facebook's website(s) or through Facebook's services;
 
There is your answer. They would be seeking an injunction from the courts if you don't comply.
 
mGrunin said:
I'm being accused off:
- Displaying ads with pornographic content from my personal account.
- Purchasing another ad account and displaying pornographic content from that account too.
- Creating several more accounts and posting porn there too.
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Obviously that says nothing about images, it says CONTENT. "Fuck me" with a picture of a girl could easily be considered pornographic.

"Pornography or porn is the portrayal of explicit sexual subject matter for the purposes of sexual excitement and erotic satisfaction." = nothing specific about pictures.

You're accusing Facebook of accusing you of using pornographic images, which they did not do.
 
mGrunin said:
Please respond to me in writing no later than close of business on Friday, March 11, 2011 confirming that You:

- Have stopped and will refrain from accessing Facebook's site and/or services for any
reason; and

- Have stopped and will refrain from creating or displaying advertisements of any kind on
Facebook's website(s) or through Facebook's services;
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How things are worded can make a difference. A good lawyer can probably draft a response and admit to nothing.
 
Garrett said:
whatever you do, don't show them your earnings. they are likely asking so they can figure out how much to demand
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No, they're gonna multiply the earnings by 1,000 and sue for that amount, and just settle for a billion. How do you think they have the valuation they have?

Good luck with this shit bro -- I've responded to C&D's on my own like an idiot and it got me absolutely nowhere. Definitely hit up your lawyer.
 
PhilipShapiro said:
No, they're gonna multiply the earnings by 1,000 and sue for that amount, and just settle for a billion. How do you think they have the valuation they have?

Good luck with this shit bro -- I've responded to C&D's on my own like an idiot and it got me absolutely nowhere. Definitely hit up your lawyer.
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Did you also make sure to stop doing whatever they wanted you to stop?
 
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