A cease and desist letter is a document sent to an individual or business to stop alleged illegal activity. The phrase "cease and desist" is a legal doublet, made up of two near-synonyms. The letter may warn that, if the recipient does not discontinue specified conduct, or take certain actions, by deadlines set in the letter, that party, i.e. the letter's recipient, may be sued.[1][2] When issued by a public authority, a cease and desist letter, being "a warning of impending judicial enforcement",[3] is most appropriately called a "cease and desist order".
Although cease and desist letters are not exclusively used in the area of intellectual property, particularly in regards to copyright infringement, such letters "are frequently utilized in disputes concerning intellectual property and represent an important feature of the intellectual property law landscape".[2] The holder of an intellectual property right such as a copyrighted work, a trademark, or a patent, may send the cease and desist letter to inform a third party "of the right holders' rights, identity, and intentions to enforce the rights". The letter may merely contain a licensing offer or may be an explicit threat of a lawsuit. A cease and desist letter often triggers licensing negotiations, and is a frequent first step towards litigation.[2]
Effects on recipients
Receiving numerous cease and desist letters may be very costly for the recipient. Each claim in the letters must be evaluated, and it should be decided whether to respond to the letters, "whether or not to obtain an attorney's opinion letter, prepare for a lawsuit, and perhaps initiate [in case of letters regarding a potential patent infringement] a search for alternatives and the development of design-around technologies".[2]
Cease and desist letters are sometimes used to intimidate recipients and can be "an effective tool used by corporations to chill the critical speech of gripe sites operators".[4] A company owning a trademark may send such letter to a gripe site operator alleging a trademark infringement, although the actual use of the trademark by the gripe site operator may fall under a fair use exception (in compliance with, in the U.S., the protection of free speech under the First Amendment).[4]
Notable cease and desist letters
2010s
Author Patrick Wensink used Jack Daniel's famous branding without licensing as a cover for his 2012 book Broken Piano for President. Jack Daniel's requested only future printing of the book to have the cover changed and offered compensation.
The sign-off message broadcast by DWWX-TV (ABS-CBN Manila) before stopping all broadcasts at 7:52 pm (PST) in compliance with the NTC order because of franchise expiry on May 5, 2020.
Donald Trump sent a cease and desist letter to CNN asking them to retract a poll that showed him being 14 percentage points behind his opponent Joe Biden during the presidential election,[8] prompting The Atlantic to warn about attacks on the media.[9]
In 2021, Google's platform YouTube issued a significant number of cease and desist notices to the creators of various music bots on Discord. Some of the most notable bots to be sent this notice were Rythm and Groovy, at the time, the two most popular bots on the platform.[citation needed] These music bots allowed users to request songs and have the bot create a queue. This was done by pulling the audio stream from various streaming and video platforms, including YouTube, and then played that audio on the Discord voice channel. Because such music bots did not play any of the advertisements included on the video-hosting site, the company alleged missing revenue for itself and the content uploaders. A spokesperson for Google told The Verge that Groovy violated YouTube's terms of service for "modifying the service and using it for commercial purposes".[10] The makers of Groovy had decided to comply with Google's request by shutting down the bot on August 30, 2021. According to estimations, the bot had more than 250 million users.[11]
In 2022, Disney issued a letter of cease and desist to the creators of Club Penguin Rewritten, a game that was created as a remake of Club Penguin after its shutdown on March 31, 2017.[12]
Google issued a letter of cease and desist to the creators of YouTube Vanced in 2022. The modded app has since March 13, 2022 been discontinued, with all links being removed and, with no updates, will shut down for good in the next few years.[when?][13]
See also
Abmahnung, the equivalent of a cease and desist letter in German and Austrian law
Lumen (formerly known as Chilling Effects), a collaborative archive to protect lawful online activity from legal threats such as cease and desist letters
ABS-CBN franchise renewal controversy, a national dispute in the Philippines regarding the ABS-CBN franchise renewal which involved a cease and desist letter
^Gold, Michael Evan. An Introduction to Labor Law, p. 17 (Cornell University Press, 1998).
^ abcdTrimble, Marketa (2010). "Setting Foot on Enemy Ground: Cease-and-Desist Letters, DMCA Notifications and Personal Jurisdiction in Declaratory Judgment Actions". IDEA: The Intellectual Property Law Review. 50 (4): 777–830. Retrieved 2 November 2013.
^Lorch, Robert Stuart (1980). Democratic Process and Administrative Law. Wayne State University Press. p. 158. ISBN9780814315132.
^ abBraswell, Rachael (2007). "Consumer Gripe Sites, Intellectual Property Law, and the Use of Cease-and-Desist Letters to Chill Protected Speech on the Internet". Fordham Intell. Prop. Media & Ent. L.J.17 (4): 1241–1287. Retrieved 2 November 2013.
^Pinsker, Joe (21 September 2017). "Netflix's 'Stranger Things' Cease-and-Desist Letter Wasn't That Cool". The Atlantic.
^"ABS-CBN to go off air in compliance with NTC order". ABS-CBN News. 5 May 2020. from the original on 9 October 2021. Retrieved 29 October 2021.
^"NTC to issue alias shutdown order vs ABS-CBN after getting SolGen advice". ABS-CBN News. 29 June 2020. from the original on 30 June 2020. Retrieved 1 July 2020.
^Cummings, William. "Trump campaign sends CNN 'cease and desist' letter, demands it retract poll that found Biden up 14 points". USA Today.
^Solender, Andrew. "Trump Campaign Demands CNN Apologize And Retract Poll Showing Biden Up 14 Points". Forbes.
^Warren, Tom (24 August 2021). "YouTube is forcing the popular Groovy Discord music bot offline". The Verge. Retrieved 29 August 2021.
^tinelund (25 July 2021). "Groovy Bot The Best Music Bot for Discord. Groovy Bot Discord might be among the best bots created in this ten years". Tinelund.dk (in Danish). Retrieved 29 August 2021.
^"Club Penguin Rewritten Shut Down by Disney". 13 April 2022.
^"YouTube Vanced is shutting down after a legal threat from Google". Business Insider. 12 March 2022.
External links
Chillingeffects.org—A joint project between the Electronic Frontier Foundation and several universities to monitor uses and abuses of intellectual property rights on the internet. Contains a database of cease-and-desist letters to which either senders or recipients can contribute.
Marti, Don (12 April 2002). "Google Begins Making DMCA Takedowns Public". Linux Journal. Retrieved 4 May 2013.
January 16, 2023
cease, desist, cease, desist, redirects, here, alice, glass, song, cease, desist, song, cease, desist, letter, document, sent, individual, business, stop, alleged, illegal, activity, phrase, cease, desist, legal, doublet, made, near, synonyms, letter, warn, th. Cease and Desist redirects here For the Alice Glass song see Cease and Desist song A cease and desist letter is a document sent to an individual or business to stop alleged illegal activity The phrase cease and desist is a legal doublet made up of two near synonyms The letter may warn that if the recipient does not discontinue specified conduct or take certain actions by deadlines set in the letter that party i e the letter s recipient may be sued 1 2 When issued by a public authority a cease and desist letter being a warning of impending judicial enforcement 3 is most appropriately called a cease and desist order Contents 1 Usage for intellectual property 2 Effects on recipients 3 Notable cease and desist letters 3 1 2010s 3 2 2020s 4 See also 5 References 6 External linksUsage for intellectual property EditAlthough cease and desist letters are not exclusively used in the area of intellectual property particularly in regards to copyright infringement such letters are frequently utilized in disputes concerning intellectual property and represent an important feature of the intellectual property law landscape 2 The holder of an intellectual property right such as a copyrighted work a trademark or a patent may send the cease and desist letter to inform a third party of the right holders rights identity and intentions to enforce the rights The letter may merely contain a licensing offer or may be an explicit threat of a lawsuit A cease and desist letter often triggers licensing negotiations and is a frequent first step towards litigation 2 Effects on recipients EditReceiving numerous cease and desist letters may be very costly for the recipient Each claim in the letters must be evaluated and it should be decided whether to respond to the letters whether or not to obtain an attorney s opinion letter prepare for a lawsuit and perhaps initiate in case of letters regarding a potential patent infringement a search for alternatives and the development of design around technologies 2 Cease and desist letters are sometimes used to intimidate recipients and can be an effective tool used by corporations to chill the critical speech of gripe sites operators 4 A company owning a trademark may send such letter to a gripe site operator alleging a trademark infringement although the actual use of the trademark by the gripe site operator may fall under a fair use exception in compliance with in the U S the protection of free speech under the First Amendment 4 Notable cease and desist letters Edit2010s Edit Author Patrick Wensink used Jack Daniel s famous branding without licensing as a cover for his 2012 book Broken Piano for President Jack Daniel s requested only future printing of the book to have the cover changed and offered compensation In 2017 a cease and desist letter sent by Netflix for an unauthorized Stranger Things related bar event was noted by news outlets such as Fortune and Quartz for its humorous wording 5 2020s Edit The sign off message broadcast by DWWX TV ABS CBN Manila before stopping all broadcasts at 7 52 pm PST in compliance with the NTC order because of franchise expiry on May 5 2020 The Philippine National Telecommunications Commission issued a cease and desist letter ordering ABS CBN to stop broadcasting on May 5 2020 after its franchise expired the day before May 4 2020 At 7 52 pm PHT ABS CBN stopped its broadcast in compliance with the NTC s letter signing off all of its free TV and radio stations across the country ABS CBN Channel 2 S A Channel 23 DZMM 630 and MOR 101 9 The said agency also gave ABS CBN ten days to explain why its assigned frequencies should not be recalled 6 On June 30 2020 considering that Channel 43 was also included in the May 5 2020 shutdown order issued by the NTC against ABS CBN although ABS CBN CEO Carlo Katigbak insisted that it is part of their blocktime agreement with AMCARA Broadcasting Network the NTC and Solicitor General Jose Calida released two alias shutdown orders against Channel 43 on digital receiver ABS CBN TV Plus and Sky Cable s nationwide satellite service Sky Direct 7 Donald Trump sent a cease and desist letter to CNN asking them to retract a poll that showed him being 14 percentage points behind his opponent Joe Biden during the presidential election 8 prompting The Atlantic to warn about attacks on the media 9 In 2021 Google s platform YouTube issued a significant number of cease and desist notices to the creators of various music bots on Discord Some of the most notable bots to be sent this notice were Rythm and Groovy at the time the two most popular bots on the platform citation needed These music bots allowed users to request songs and have the bot create a queue This was done by pulling the audio stream from various streaming and video platforms including YouTube and then played that audio on the Discord voice channel Because such music bots did not play any of the advertisements included on the video hosting site the company alleged missing revenue for itself and the content uploaders A spokesperson for Google told The Verge that Groovy violated YouTube s terms of service for modifying the service and using it for commercial purposes 10 The makers of Groovy had decided to comply with Google s request by shutting down the bot on August 30 2021 According to estimations the bot had more than 250 million users 11 In 2022 Disney issued a letter of cease and desist to the creators of Club Penguin Rewritten a game that was created as a remake of Club Penguin after its shutdown on March 31 2017 12 Google issued a letter of cease and desist to the creators of YouTube Vanced in 2022 The modded app has since March 13 2022 been discontinued with all links being removed and with no updates will shut down for good in the next few years when 13 See also EditAbmahnung the equivalent of a cease and desist letter in German and Austrian law Lumen formerly known as Chilling Effects a collaborative archive to protect lawful online activity from legal threats such as cease and desist letters ABS CBN franchise renewal controversy a national dispute in the Philippines regarding the ABS CBN franchise renewal which involved a cease and desist letter Clameur de haro Demand letter Legal threat Online Copyright Infringement Liability Limitation Act Strategic lawsuit against public participation SLAPP References Edit Gold Michael Evan An Introduction to Labor Law p 17 Cornell University Press 1998 a b c d Trimble Marketa 2010 Setting Foot on Enemy Ground Cease and Desist Letters DMCA Notifications and Personal Jurisdiction in Declaratory Judgment Actions IDEA The Intellectual Property Law Review 50 4 777 830 Retrieved 2 November 2013 Lorch Robert Stuart 1980 Democratic Process and Administrative Law Wayne State University Press p 158 ISBN 9780814315132 a b Braswell Rachael 2007 Consumer Gripe Sites Intellectual Property Law and the Use of Cease and Desist Letters to Chill Protected Speech on the Internet Fordham Intell Prop Media amp Ent L J 17 4 1241 1287 Retrieved 2 November 2013 Pinsker Joe 21 September 2017 Netflix s Stranger Things Cease and Desist Letter Wasn t That Cool The Atlantic ABS CBN to go off air in compliance with NTC order ABS CBN News 5 May 2020 Archived from the original on 9 October 2021 Retrieved 29 October 2021 NTC to issue alias shutdown order vs ABS CBN after getting SolGen advice ABS CBN News 29 June 2020 Archived from the original on 30 June 2020 Retrieved 1 July 2020 Cummings William Trump campaign sends CNN cease and desist letter demands it retract poll that found Biden up 14 points USA Today Solender Andrew Trump Campaign Demands CNN Apologize And Retract Poll Showing Biden Up 14 Points Forbes Warren Tom 24 August 2021 YouTube is forcing the popular Groovy Discord music bot offline The Verge Retrieved 29 August 2021 tinelund 25 July 2021 Groovy Bot The Best Music Bot for Discord Groovy Bot Discord might be among the best bots created in this ten years Tinelund dk in Danish Retrieved 29 August 2021 Club Penguin Rewritten Shut Down by Disney 13 April 2022 YouTube Vanced is shutting down after a legal threat from Google Business Insider 12 March 2022 External links EditChillingeffects org A joint project between the Electronic Frontier Foundation and several universities to monitor uses and abuses of intellectual property rights on the internet Contains a database of cease and desist letters to which either senders or recipients can contribute Marti Don 12 April 2002 Google Begins Making DMCA Takedowns Public Linux Journal Retrieved 4 May 2013 Retrieved from https en wikipedia org w index php title Cease and desist amp oldid 1121750561, wikipedia, wiki, book, books, library,
