Daniel Gary Rosenthal’s Answers

Daniel Gary Rosenthal

Gaming Law Attorney.

Contributor Level 14
  1. When fundraising, are people who solicate pledge donations independent contractors? Or are they not defined at all?

    Answered 10 months ago.

    1. Daniel Gary Rosenthal
    2. Adam Famulary
    2 lawyer answers

    It depends on how you treat them. How you pay them, what benefits they have, where they work, what tools they are required to use (tools can mean things like computers and pencils in this case) whose phones they use, whether they can hire and fire their own staff, whether they have management responsibilities, etc. There's no hard and fast rule. It will depend on the business. You should consult an attorney for a more formal opinion.

    2 lawyers agreed with this answer

  2. Is it considered non-commercial use to use photos from a hotel website on a blog, would like to promote showing & description?

    Answered about 1 year ago.

    1. Daniel Gary Rosenthal
    2. Bruce E. Burdick
    3. Sreenivasarao Vepachedu
    4. Daniel Nathan Ballard
    5. Andrew Mark Jaffe
    5 lawyer answers

    Your use sounds commercial, even if you say that it is not. You're talking about projects, deadlines, publicity. That's generally indicative of a commercial use. For fair use, please see Attorney Ballard's excellent response, which I need not duplicate here. My firm provides counsel on matters similar to this for Maryland clients. If you'd like more information, please contact me for a consultation.

    2 lawyers agreed with this answer

  3. I wanted to know what type of action I should take against a local restaurant.

    Answered almost 2 years ago.

    1. Philip Leon Marcus
    2. Michael Leo Potter
    3. David J. McCormick
    4. Daniel Gary Rosenthal
    4 lawyer answers

    You'll get nowhere with a lawsuit. However, a good attorney might be able to get a small settlement; alternatively, you should contact health inspection with your evidence.

    2 lawyers agreed with this answer

  4. Is posting video game footage of a game(free or purchased) in chunks(parts) with my own commentary legal on YouTube.

    Answered 3 months ago.

    1. Daniel Gary Rosenthal
    2. Brendan Michael Kelly
    3. Logan Kyle McEwen
    3 lawyer answers

    It really depends on the content of the video. It sounds like you're talking about doing a Let's Play or a livestream (such as Twitch) of a game. The law really hasn't caught up with technology in this regard, so there's not really any brightline rules that say that it's OK. However, the general consensus among the game industry is that LP's and livestreams are non-infringing activities, and that general industry practice is to allow these sorts of things (which are good PR anywayfor the game's...

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  5. Do I need to obtain copyright permissions before publishing a board game strategy guide e-book?

    Answered about 1 year ago.

    1. Daniel Gary Rosenthal
    2. Alexander H Butterman
    3. Bruce E. Burdick
    4. Frank Anthony Natoli
    5. Daniel Nathan Ballard
    5 lawyer answers

    I should point out, in addition to the advice of my colleagues, that not just Fantasy Flight games rights are implicated here, but also those of the extremely litigious Games Workshop. If you're a fan of the genre, you likely know that Games Workshop sues fan-made products on an almost daily basis, regardless of size. If you want to publish this as an e-book, which arguably may compete with the Living Rulebook for Blood Bowl, you're just taunting the beast. You absolutely should have an...

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  6. If someone post pictures and information about themselves on social website, is it fair game to print ,collect use as evidence?

    Answered about 1 year ago.

    1. Daniel Gary Rosenthal
    2. Celia R Reed
    2 lawyer answers

    The authorities in question cannot necessarily use the information that you have provided. It will make a difference whether there are any privacy settings/protections on the social media, or if it is restricted to friends only. Law enforcement officials generally do not want people trying to do their job for them. If they feel there is a case, they will pursue it. And if any prosecutor is actually going to pursue a case, they will properly file a subpoena with Facebook or whoever the social...

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  7. So i was wondering is this legal to sue a game company for terminating your game account which was bought for money?

    Answered about 1 year ago.

    1. Peter McGrath
    2. Daniel Gary Rosenthal
    3. Jayson Lutzky
    3 lawyer answers

    You are asking a very complex series of questions on a topic most lawyers are unfamiliar with and on a hypothetical basis. I do this sort of analysis for the games industry and invite you to contact me for a consultation if you would like a more detailed answer. However to address your question directly, only the third option has even a remote possibility of being cost effective to prosecute a lawsuit and even then only in the rarest situations, such as on behalf of an RMT business dealing with...

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  8. Host refuses to respond to DMCA notice.

    Answered over 3 years ago.

    1. Daniel Gary Rosenthal
    2. Pamela Koslyn
    3. John Robert Crossan
    4. Maurice N Ross
    4 lawyer answers

    A DMCA notice (which deals with copyright, not trademarks) does not require that a host close down a site; it deals with the removal of a specific infringing work. Generally speaking, the host is not required to have a DMCA information page or safe harbor page and is not required to comply if they are not interested in seeking the safe harbor provisions. Your best option will be to seek an IP attorney to send a formal demand letter to the ISP, and follow up with litigation if they continue to...

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  9. Do I have a valid case for "defamation of character"?

    Answered almost 2 years ago.

    1. Elizabeth Tandy Foster
    2. Jeffrey Anthony Skiendziul
    3. Daniel Gary Rosenthal
    4. Gary A Kester
    4 lawyer answers

    I have to correct Mr. Kester -- accusations of sexual misconduct are in many states considered defamation per se, and damages are presumed. You should consult a NJ defamation attorney who can help you with the necessary discovery to prove this, because it does sound like you have one of the rare and mythical defamation cases that may actually be worth pursuing.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Can the police find out the ip address of a dynamic isp?the kind of ip that changes? also,how hard is it to get a court order to

    Answered about 2 years ago.

    1. Mitchell Paul Goldstein
    2. Connie Jo Mableson
    3. Daniel Gary Rosenthal
    4. J Charles Ferrari
    4 lawyer answers

    Attorney Mableson is right, and even if they were able to trace it to your son, as long as the messages were not threats or other illegal behavior, he is legally protected. Yes these things can be traced. It is extremely difficult, would involve the cop filing subpoenas and possible needing court orders. It is expensive and personally, when I am asked to do these things as part of a legal matter it ends up costing several thousand dollars or more. Look at it another way. Your son calls...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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