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Daniel Gary Rosenthal

Daniel Rosenthal’s Answers

853 total


  • Are .org domains allowed for commercial websites

    I have .org domain can this be used for a commercial website

    Daniel’s Answer

    Yes, but you will experience a drop-off in traffic compared to the .com and .net TLDs. My personal website is a .org, for instance.

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  • I've gotten such generous and expert assist from all the wonderful AVVO participating attorneys. I just wanted to THANK YOU ALL!

    Sooo very grateful to you all! I wish you all happy holidays and continued success in all your endeavors. tags: small claims court, defendant, plaintiff, discovery, civil court.

    Daniel’s Answer

    You're welcome. As an attorney who makes most of his living from Avvo clients, we appreciate good clients too.

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  • Ex sent nude picture of me to entire softball team of 12 and 13 yr old girls and parents while at tournament in Arizona.

    On Nov.7, 2014, I had just gotten home around 11:10 pm,when I started receiving texts messages from some of the parents on my 13 yr old daughter's phone. The picture attached was of me , naked, nothing sexual but still naked. My ex-wife is the Onl...

    Daniel’s Answer

    Your ex likely violated federal laws by knowingly providing pornographic material to minors; there may well be other violations here. Contact an attorney to have them help you with law enforcement on this. What you absolutely don't want happening is for you to be arrested as a sex offender.

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  • Free email account

    If someone is using a free email account ...Hotmail, Gmail, live. does a person have a right to restrict you from sending email to it?

    Daniel’s Answer

    The free/paid status of an email account is irrelevant. If you are sending unwanted email to another person, they can either stop you by technical filters, or potentially pursue harassment charges against you.

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  • Can I sell my survey results?

    For ex. Can I ask people what they like about Facebook and sell the results to anyone? If not, can I at least sell it to Facebook, or is it not legal to collect data about a company/product without company's permission?

    Daniel’s Answer

    Of course. This is a common business practice. Unless your survey questions contained something stating otherwise, and/or you are operating in a professional field with ethical or confidentiality restrictions (some kinds of research institutions, for instance), you should be fine.

    For the use you're describing, I don't see any reason why not. However, I doubt you'll have luck selling to Facebook, as they have their own in-house Big Data and analytics departments that do this better than you possibly ever could (because they have direct access to data that you don't). You'd be better off selling the results to third parties, like Facebook advertisers and social media marketing firms. Of course, you need to have data that says something that they care about, so just raw data is not helpful. You need statistical analysis to determine what trends the data indicate, otherwise you have useless raw stats that do nothing for you.

    In other words, sure, you can do this, but there are already businesses who do this full time and often do so better than any individual can.

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  • I was on a website and a child pornograph site pops up what should I do? I closed the websites and didn't download anything.

    I didn't download anything and the site just poped up and there was child pornography on it this happened to me 2 times. What should I do?

    Daniel’s Answer

    Report it immediately to the FBI at the link I am posting below (look for the portion of the page that says Report Child Exploitation about half-way down).

    Do not register on that website, and do not visit it again. If you feel that you need to, or if you are contacted by law enforcement, consult a defense attorney immediately.

    You should be fine. It doesn't appear that you did anything wrong. If all the data forensics back this assertion, and you're telling the truth, you've got nothing to worry about.

    If not, and you intentionally visited this site and now are having second thoughts.....don't ever do this again, and still report this to the FBI so the site can be shut down and its operators investigated and arrested. Child exploitation is literally the worst thing; law enforcement has zero tolerance for those who perpetrate it and those who support it.

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  • Can Facebook take away gift coins if players don't play within 12 hours?

    Facebook has a gift incentive for players who make friends with other players and get them to play as well but if you, the person that has been gifted, does not come back in 12 hours to play, then those gift coins will be taken away. This amount ...

    Daniel’s Answer

    Facebook does not automatically crash your computer or game if you're "doing too well"; and accusing them of "have done a lot illegal things" indicates you likely do not know what you are talking about. Ridiculous conspiracy theories like this have no basis in reality, and actively harm the point you are trying to make. I'd suggest learning how computers work before making these kinds of outlandish claims.

    As it is, you have no claim here because both the Facebook TOS cover this, and the policy is apparently clear to you (and thus you don't appear to have been confused or mislead in any way -- you just don't like it. Too bad). Facebook can do whatever they want with their gift coins. You have not suffered any damages that would give rise to a legal claim. Furthermore, Facebook does not actually make most games that are hosted on the service.

    I'd advise taking a bit of a break from Facebook gaming.

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  • How much does it cost (ballpark) to have a terms of service and use written for an internet business?

    I have an online startup that will be providing an entertainment service (gaming) that will accept payments via credit card/Paypal - i.e. online transactions, account creation, credit card info storage, participation rules/guidelines, etc. I k...

    Daniel’s Answer

    When I've represented online gaming services in the past, I've charged between $1500 and $3000 to draft a complete TOS or EULA as necessary. The cost depends on the complexity required. However, the TOS may not be enought. Other documents are typically needed, like a data protection policy, employee/contractor hiring documents, various other contracts for IP assignments and work-for-hire agreements; and if there is no corporate entity yet you'll need that too. For new startups I either parcel out the work as they can afford it (which is appealing to indies who can't pay everything up front); or I take a flat fee in the $5000-$10000 range that covers everything.

    In any event, make sure you consult a gaming attorney; you'll likely be bombarded by attorneys looking for your business here, but without a solid foundation in both gaming law and knowledge of the gaming industry (best practices, contacts, etc.) you're still going to get an inferior product. Stick with someone who does this full-time.

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  • WHAT IS THE PURPOSE OF FORMING AN LP ORGANIZATION, AND HOW DIFFERENT IS AN LP FROM AN LLP?

    If I may also ask: Is a general partner in an LP organization subject to the legal liabilities of the limited partner arising out of lawsuits which only involve the limited partner. Thank you.

    Daniel’s Answer

    They're two massively different types of entities. A Limited Partnership contains at least one limited partner, and at least one general partner. These partners have different rights and responsibilities. Generally speaking, the GP will face liability, while the LP may not; however the LP sacrifices their ability to control and direct the partnership and make day-to-day decisions (and if they overstep their bounds they may be found to be a GP and lose that limited liability).

    An LLP is a limited liability partnership, in which all partners should have limited liability, but there may be restrictions on the actions and the business practices of the LLP. Typically LLPs are used by professionals -- doctors, lawyers, dentists, etc.

    As to which one best suits you and your business, you should consult with your business attorney.

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