Questions and Professional Answers

• Selling on the Internet

  We are a local golf shop that has been selling golf equipment in our store and on the internet over the past 18 months.We were always upfront about our selling on the internet and complied with the manufactuer minimum advertised price and other internet requirements.A few days ago one our the major manufaturers told us we could no longer market on the internet because we did not meet the terms of their internet retailer agreement leavin us with $20,000 in unsold inventory.Meanwhile they have allowed us to sell on the internet and told us we needed to increase the amount of inventory we carry to do so. In the last several months they have developed thir own internet site and know tell us we can not sell on the internet and stick us with the equipment.My two questions are 1) Given the prevelance of the internet, can they legally restrcit us from selling on it if we are adhearing to the internet policies and 2) Do we have a case to return the equipment to the manufacturer since they sold it to us knowin we were going to sell it on the internet?Please let me know.Bob

  • Re: Selling on the Internet

    There is no quick answer. Generally, a manufacturer can limit the channels through which a retailer can sell. Obviously, you have facts that may change the general answer (but remember, the manufacturer's side of the story will probably not be the same as yours). You may be able to make a case that they have implicitly (if not explicitly) consented to your internet sales.It is certainly worth continuing to push your position.David K. Staub, an Illinois business attorney

    David K. Staub
    Staub Anderson Green LLC
    55 W Monroe St, Suite 1925
    Chicago, IL 60603-5079

• False advertisment ?

  Im buying a house for a certain price and when i looked on the internet it was for a lower price than they were asking for. When i questioned the realter about it, they said it must be an internet error. The next day i checked the internet and they put the original price they asked me for. Is it right that the realter and the internet were posting different prices? Shouldnt i be paying the price that was advertised on the internet?

  • Re: False advertisment ?

    You are committed to pay the price YOU agreed to pay, and the Seller agreed to accept, notwithstanding the advertisement, unless you were answering the internet advertisement, in your offer and there was an error in transmission.Good luck,

    Phroska L. McAlister
    PHROSKA LEAKE McALISTER
    116 West 23rd Street # 197 5th Floor
    New York, NY 10011

  • Re: False advertisment ?

    how much did you offer for the house?

    Robert R. Groezinger
    GroezingerLaw P.C.
    P.O. Box 23 - Patterson, NY
    Mid-hudson Valley + Nyc, NY 12563

• Using your neibors Wifi

  Is it illegal to use your neighbors unsecured wireless internet in California? The neighbors didn't put a password on their internet and my laptop connected automatically. Some company who tries to sells tv phone and internet service knows that I am using the neighbors internet. Will they report me and will I get into trouble?

  • Re: Using your neibors Wifi

    If you have the neighbors' permission, all that would happen is they would be violating their ISP's terms of service. If you don't, you might (or might not) be civilly and criminally liable as a trespasser. I've searched California law and I can't find a specific prohbition on "wardriving." But YMMV. If you get into legal trouble, and you possibly could, your lawyer, if you can afford one, could argue that the fact the neighbors didn't secure their WLAN is tantamount to an invitation.Unless the company is the same company that is the neighbor's ISP, and assuming you are not doing something weird on the neighbors' WLAN like porn, hacking, spam, or using lots of bandwidth to the point that it interferes with the neighbors' use of the network, I doubt anything will come of it.You could limit your use of the network to avoid possible detection. Don't speak at all to any cops or investigators, and don't consent to searches.

    Michael Stone
    Law Offices of Michael B. Stone 310-776-7500
    3020 Old Ranch Parkway, Suite 300
    Seal Beach, CA 90740

• internet threat

  My life was threatened by someone over the internet. I have the conversation. For no reason a man told me that he was going to shoot me in the head with his gun and kill me. Do i have a case against this man or is it irrelevant because it is over the internet?

  • Re: internet threat

    Contact the police. It may or may not be random. If you don't know, then no one here can know. A threat is still a threat when it is communicated over the internet.

    Theresa Langford
    Langford Law Firm
    PO Box 866354
    Plano, TX 75086-6354

• internet chat law

  My 14 year old daughter had a guy on the internet who said he was 23, ask her if she'd ever had an orgasm and asked her if she knew what that was. Is this against the state or federal law? If so, which laws were broken. I don't know who the guy is, where he is from and I don't have his internet name. Is there anything I can do to find out who he is?

  • Re: internet chat law

    You should go to your local police department. They will know what to do. If they don't, or you find they are not helpful, then you can contact your local prosecutor's office. If you need to speak to me, you can contact me at legalquestoin@findctlawyer.com

    Nicholas Adamucci
    ADAMUCCI, LLC
    80 Fourth Street
    Stamford, CT 06905

• internet law??

  If a person was new to the internet(less than 2 weeks), and unfamiliar with the etiquette etc....and went to a fansite of a celebrity, and printed some copies of the photo's on the site before realizing...that the site had said ''no printing or reproduction'' of the photo's-it you want to see the pictures again you have to come back to the websight'' what kind of trouble would that person be in? (the person intended not to sell or use the photo's for commercial gain but for personal use in a personal scrapbook) I vaguelly remember one of the sites I went to said Something that if you pirated any of the things from the site, they would ban you from the site, and have the name internet pirate or internet thief or something like that imprinted after your E-mail address, so everyone you e-mailed or went to on a web sight would see...what are the lega; ins and outs here, I know next to nothing about the internet, much less internet law??

  • Re: internet law??

    Take a chill pill. You are worried over nothing. Copyright owners have much much bigger problems to worry about than someone who inadvertently downloads a few copyrighted pictures for a scrapbook. That sort of minimal copying is pretty risk free as it is nothing compared to, for example, a college student using BitTorrent or Shareaza to distribute copyrighted software, movies and songs all over the world.In fact, if you wrote and asked permission it is entirely possible and likely that the copyright owner would not even feel it worth a reply.There is so much copyright infringement going on every day on the Internet, as you will see when you are on it longer, and it is so quick and easy and unstoppable that your infringement is insignificant in comparison. The stuff about appending "thief" to your email address is sheer BS. Who told you that nonsense?

    Bruce Burdick
    Burdick Law Firm
    3656 Western Ave.
    Alton, IL 62002-3156

• Landlord/tenant

  Seven student moved into a rental property during the school year. Prior to moving in we were promised high speed internet access, we would be able to access the internet via a wireless router. After moving in and signing the lease we found out there was no internet. Several months later we were given dial up with two connections for seven people. Because of the lack of internet all of our grades suffered. Can we sue for damages?

  • Re: Landlord/tenant

    Yes, but you won't get anything. Why? Because you can't prove if you are stupid or partying too much, or for about 50 other reasons. You are in school, so listen and learn this now... IF you contract for something, especially a necessity, and you don't get it, you give notice (I suggest 3 times), IN WRITING by CRR, telling whomever that they promised "X", that you do not have "X", and that you will get it yourself, it will cost $XX.xx, and that you will with hold it from your rent unless it is provided as promised. You ALWAYS give a date you expect a response, and NEVER threaten anything you are not prepared to do, and you always do what you say you will when you say you will. I also suggest you always do any needed research and educations on an issue, and take a reasonable and supportable position, then document your position in case you ever end up in a fight. If you do those things, you will minimize your problems (people will see you are being reasonable and business like, and if they get in a fight, that they stand a greater chance that they will lose, so they will be much more likely to do what they should and/or need to avoid fighting with you) and if you do need to fight over something, the judge will see you were reasonable and objective and business like, and the chances you will prevail go up dramatically. Learn it and live it an you will spend MUCH less time dealing with crap in your personal and business life. Go forth, think and document!!!

    Kevin Begley
    Kevin J. Begley - Attorney at Law
    3010 Bordentown Avenue
    Parlin, NJ 08859

• Internet Poker/Gambling in New York State

  Is internet poker/gambling illegal in NY? I've read articles proclaiming that internet gambling is illegal in NY, but the state gambling consolidation laws do not explicitly say internet poker/gambling is banned. Does the law (if their even is a law), apply only to internet websites (companies), rather than the everyday player? Thanks for your help.

  • Re: Internet Poker/Gambling in New York State

    Generally such sites and such business' are illegal in NY, however many companies register as offshore corporations as a potential avenue for conducting such a business...Much Luck

    Carlos Gonzalez
    Law Offices of Carlos Gonzalez
    110 Wall Street; 11th Floor
    New York, NY 10005

• Internet Access

  I am in California. If internet access at home is required to do my job, can I request that the employer reimburse that cost each month?.The employers position on the matter is that since Internet access is a commodity, claiming it as an expense is not justifiable. They said that since you can't claim your clothes, or your car, you can't claim Internet access either.I asked what would happen if I chose to disconnect my internet access at home, and they said it would be grounds for dismissal. Can they fire me for this? They said that since it is not one of the non discrimination factors (eg race), that they can fire me for not having Internet access.Just to be clear, I don't want to claim this on my tax return. I want to know if the employer is legally obliged to reimburse me for it each month.

  • Re: Internet Access

    You may wish to remind your employer that Labor Code section 2802(a), requires that employers indemnify employees forexpenses necessarily incurred in the performance of their job duties.Employers must reimburse their employees for all out-of-pocket expenses the employees incur incarrying out their duties. Since an employer and employee cannot agree to waive this reimbursementrequirement, the employer must make clear what portion of the salary or commission payments ismeant to reimburse the employee for expenses versus compensation for the work performed.If the amount meant to cover expenses is less than the actual amount of expenses incurred during apay period, the employer must pay the employee additional money to make up the difference.

    Bryan C. Becker
    Your Lawyer for Life.
    1205 Prospect Street, Suite 400
    La Jolla, CA 92037

• internet auction e-bay

  I accidentally bid on e bay. Internet auction. I do not want to buy what I bid on. Am I obligated to buy something in an internet auction. He is harassing me so bad. He keeps on calling me like everyday to buy his motorbike that is way too much above its blue book value. What should I do? Am I obligated by law to buy the motorcycle in an e-bay internet auction?

  • Re: internet auction e-bay

    When you "accidentally" placed your bid, you entered a contract with the seller. You had opportunity to withdraw the bid prior to the auction end, and if you did not do so, you are obligated to complete the purchase on the terms of the auction (including the price - no matter how inflated it may have been).If your bid truly was an accident of some kind, and you continue to refuse to perform, you will likely receive a "non-paying bidder" complaint through the eBay system. You are then afforded an opportunity to protest the complaint, using eBay's formal channels. Check out the form they have online at: http://cgi3.ebay.com/aw-cgi/eBayISAPI.dll?SendQueryEmailShow&subject=npb.According to eBay rules, your first offense of non-payment results in only a warning, and by the third time you bid and don't pay, your eBay privileges may be indefinitely suspended. Aside from their internal rules, though, when you place a bid, you are obligating yourself to the purchase, and the seller can legally force you to perform according to the terms. Essentially, the seller made on offer to sell you the item, you accepted the offer on YOUR chosen terms (specifically, price)and a contract was formed at that point. Perhaps you can offer the seller some small compensation for his troubles, and invite him to let the item go to the next higher bidder? Communicate with him and try to resolve it short of legal action. Then, BE CAREFUL when you are surfing eBay!

    Rick Williams
    Law Offices of Frederick D. (Rick) Williams, Chtd.
    5515 Wedekind Rd
    Sparks, NV 89431-1147