Philip Marcus Bierman's Answers

I'm a software developer. Is it ok if I create a software for a friend to monitor his family?

I represent many software developers and have a client that has software with functionality similar to what you described. This is a very sensitive issue with substantial risk. There have been a number of lawsuits where software developers have been sued for distributing software that allows someone to spy on someone else. Several such lawsuits were by spouses who were spied upon. If a developer were to provide this software to someone (especially while knowing what that person intends to...

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Will my sub s corporation be protected from personal creditors?

Ownership of stock in a corporation is an asset of the individual who owns the stock just like money in a bank account. In some circumstances (for example after obtaining a judgment) it is possible for a creditor to go after an individuals interest in a corporation to satisfy debts owed the creditor. If you are concerned that your personal creditors may go after the assets of your corporation, I recommend you consult with a bankruptcy attorney to weigh your options. The response given is...

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If a company had an LLC under a certain name and I bought the domains afterwords, who is the rightful owner of the name?

The issue is whether your use of the domain infringes upon a trademark owned by the corporation. The fact that a corporation has the same name as a domain name does not give the corporation any right in the domain name. A corporation can only stop a domain owner from using a domain with the same name as the corporation if: (1) the corporation also uses its name as a trademark (the name is used to identify the corporation's goods or services); and (2) the web site using the domain offers goods...

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Can my cable company legally fine me for failing to complete contract, even after my attempt to keep them after I moved?

Read your cable contract. Some contracts provide that there is no fine if service is not available at your new address. Regardless of what the contract states, if it were me, I would dispute the validity of the alleged debt in a letter sent to the cable company via certified mail return receipt requested. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to...

If I am applying for 501c status for my non-profit organization, should I go ahead and obtain a DBA in the interim?

A 501(c) organization (or any corporation) may operate using the name under which it was formed. Unless the name of the 501(c) organization is different from the name the organization wants to use in business, a fictitious business name (DBA) is not needed. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the...

I own 10% of a WA corporation. I want out but wonder how I can get the 10% that I own.

In general, it is difficult to sell stock in a corporation that is not publicly traded, but it is possible. Since you apparently signed a Buy-Sell agreement, that agreement likely sets forth exactly what steps you must take to sell your stock and how the valuation of your interest is determined. I strongly recommend you consult an attorney licensed in Washington with expertise in buying and selling privately held companies to review your buy/sell agreement and explain your options based upon...

If I have a blog with the ability for anonymous comments, am I at risk if someone posts a download link to protected content?

Websites that allow users to post content on their sites (such as YouTube) must take careful precautions to avoid potential liability for copyright infringement. The Digital Millennium Copyright Act ("DMCA") provides a safe harbor that limits liability that may otherwise be imposed on such websites for copyright infringement because of the website's storage or transmission of infringing material through its system. However, the websites must comply with the requirements of the DMCA in order to...

If a company had an LLC under a certain name and I bought the domains afterwords, who is the rightful owner of the name?

The issue is whether your use of the domain infringes upon a trademark owned by the corporation. The fact that a corporation has the same name as a domain name does not give the corporation any right in the domain name. A corporation can only stop a domain owner from using a domain with the same name as the corporation if: (1) the corporation also uses its name as a trademark (the name is used to identify the corporation's goods or services); and (2) the web site using the domain offers goods...