Gary K. Marshall’s Answers

Gary K. Marshall

Seattle Internet Lawyer.

Contributor Level 11
  1. Anti-SLAPP in Washington State- deadline for filing?

    Answered almost 2 years ago.

    1. Gary K. Marshall
    2. Christian K. Lassen II
    3. George Costas Andriotis
    3 lawyer answers

    Your question does not make sense. Anti-Slapp (in Washington see RCW 4.24.525) is a defense to a lawsuit. It is not a cause of action that you can bring as a separate lawsuit. The amount of time to bring the lawsuit depends upon what the claims are. The amount of time to file a motion to defend based on the Ant-Slapp law depends upon the case schedule in the particular lawsuit. If you are looking at a cause of action based upon speech, the statute of limitations is usually three years, but not...

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  2. Am I liable for the programs I program.

    Answered almost 3 years ago.

    1. Gary K. Marshall
    2. Robert Daniel Kelly
    3. Barry Franklin Poulson
    3 lawyer answers

    I think the question answers itself. If you use someone’s computer without their permission to harm someone else, are you responsible for the resulting damages? Of course you are. I can think of many state and federal laws, both civil and criminal, that you would be violating. I defend people like you on the civil side, and the first thing I tell them is that I will not be getting them off. They will have to pay something in damages. The only question is how much. Don’t do it.

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  3. Would it be possible to sue Blizzard for unfairly banning my account?

    Answered about 2 years ago.

    1. Gary K. Marshall
    1 lawyer answer

    You can sue anyone for anything. But in this case you are unlikely to win. Blizzard is a private company. They are under no obligation to treat you fairly. If you buy a service and they cancel that service, then normally you would at most be entitled to a refund. But most online sites have a contract which is typically called “terms and conditions” posted on their website. (I have drafted many of these contacts myself for clients.) You must agree to this contract in order to use the site....

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Do I need an attorney to file a trademark application?

    Answered over 2 years ago.

    1. Gary K. Marshall
    2. Gordon Philip Firemark
    3. Jeffrey C Parry
    4. Maurice N Ross
    5. William Leroy Montague Jr.
    6. ···
    6 lawyer answers

    You can file a state trademark registration yourself. State registration tends to be fairly straightforward. You can file a federal trademark application yourself, although I do not recommend it. Some applications will sale through without problems, but most will not. The U.S. Trademark office likes to find problems. The U.S. Trademark office uses its own language. It is helpful to use an attorney who is familiar with their language and their procedures. But it is not necessary. Another...

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  5. My ex & me made porn video. She really enjoyed and have been watching them. I've posted them on web is it illegal. They were min

    Answered over 1 year ago.

    1. Gary K. Marshall
    2. William Emil Cassara
    2 lawyer answers

    The fact that you own the physical copy of the video does not by itself give you any rights. The answer to your question depends on the facts of the case. What was the agreement between the two of you regarding the use of the video? Did she explicitly give you permission to show it to others? Usually in the case of private sex videos there is an implied understanding that the video will stay private. Given the sensitive nature of the tape, you will find that judges will tend to side with her if...

    4 lawyers agreed with this answer

  6. Is it a violation of privacy laws if a supervisor posts in a public place production statistics with the employee full names?

    Answered over 1 year ago.

    1. Gary K. Marshall
    2. Rixon Charles Rafter III
    3. L. Maxwell Taylor
    3 lawyer answers

    No, you have no reasonable expectation of privacy about your work performance. I can not think of any other legal principle that it violates either. It may sound harsh, but you are free to quit if you do not like the new policy.

    4 lawyers agreed with this answer

  7. I am worried I may be in trouble for cuber stalking .

    Answered almost 2 years ago.

    1. Gary K. Marshall
    2. Saphronia R Young
    3. Cynthia Ariel Conlin
    4. David B Pittman
    4 lawyer answers

    I am an Internet Attorney. I am very familiar with the civil law side of the Internet. I am not a criminal attorney. But here is some advice. Cyberstalking is a crime. You need to be careful. 1. Stop doing it. 2. Do not share details on this or any other public forum. I suspect criminal attorneys would tell you not to talk to anyone about it, 3. Talk to a criminal law attorney who is familiar with Internet law. I do not have any recommendations. 4. If you want to look at the...

    4 lawyers agreed with this answer

  8. How do I determine what quotes are fair use and which are copyrighted?

    Answered almost 2 years ago.

    1. Gary K. Marshall
    2. Maurice N Ross
    3. Pamela Koslyn
    4. Bruce E. Burdick
    5. Michael P Matesky II
    5 lawyer answers

    I agree with the other answer (so far). Here is some more detail on fair use, but I agree that it takes an experience copyyright attorney to make an accurate assesment. Under the fair use doctrine, people who do not own the copyright in a work can still use the copyrighted material in a reasonable manner without the copyright owner's consent. There is no fixed rule for when a use is fair. Instead, the fairness must be determined on a case by case basis. All of the circumstances of the use...

    4 lawyers agreed with this answer

  9. Received a threatening letter from a lawyer saying i had illegally downloaded a video and would be sued unless i paid $3,400.

    Answered about 2 years ago.

    1. John E. Whitaker
    2. Gary K. Marshall
    3. Maxwell Seaton Felsheim
    4. Bruce E. Burdick
    4 lawyer answers

    You are the victim of a copyright troll. You are not alone. It is basically a shake down. But it needs to be taken very seriously. You could end up with a judgment against you for over $150,000. Please call John or myself. I also handle a lot of these cases. Or see the list of attorneys who handle these cases on eff.org. That is also another good website for information.

    4 lawyers agreed with this answer

  10. Defamation of character on Craigslist

    Answered over 2 years ago.

    1. Gary K. Marshall
    2. Molly Cristin Hansen
    3. Christine C McCall
    3 lawyer answers

    Realistically there is very little you can do. What you should do is respond in a public forum in a non-attacking non-defensive way. Say something like you have a disgruntled former customer. You do not know why they are dissatisfied. You go out of your way to provide excellent customer service. This person has made some very aggressive accusations that have no basis in fact. You wish that they would have contacted you directly if they had a problem with your company. Do not name the person or...

    4 lawyers agreed with this answer

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