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Comment on Peter Shankman / HARO Just Sent Me a Cease-and-Desist Letter. What Now?parent

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The point is that HARO was hardly an original idea (connecting sources with reporters). This is like saying that Burger King inspired my idea for a restaurant, then Burger King sues me for stealing their idea of 'a restaurant that mainly serves burgers.'

And WTF is the part about, "oh, by the way we demand that you hand your site over to us?" A C&D letter is to get him to CEASE and DESIST, you can't use it to perform a hostile takeover of a competitor.

A letter full of hot air, even when written by a lawyer, is just a letter full of hot air. There was no legal action taken.

C&D letters have no teeth. Court actions have teeth, and that hasn't happened.

Nothing to see here, really. Except laughable claims and example of poor business strategy.

What was funny to me is that Ryan set a trap and the guy (Shankman) bit the bait. It was Jason Calacanis style PR strategy at its best and clever if intentional. Why Ryan called getting a C&D a 'shitty move' is the non-congruent part. Ryan asked for it and Shankman delivered a delightfully poor response in spades. Total PR coup for Ryan.

Side note: If you run a half decent business you'll have your fair share of C&D letters and meritless lawsuits. Not worth wasting any emotion over. Just factor the legal cost into your cash projections and out-execute the heck out of everyone.

If HARO wasn't an original idea, why did he credit them with giving him the idea? Getting lawyers involved is a dick move, but he really set himself up for it to happen.

If Michael Jordan inspired me to play basketball, does that mean that Michael Jordan invented basketball?

It doesn't matter where he got the idea. Ideas aren't protected unless they're patented. If it's not patented, or if it's not even patentable, then it's fair game.

I mentioned him for just the general idea of connecting reporters and sources. That's all. Before HARO, I had never thought about the problem at all. But HARO is hardly a new idea at all, it's just that's where I first encountered it.

This is a really bad thing to post publicly by the way. If I was HARO's lawyer, I'd frame your comment for later use. Seriously. Actually I will use your comment in my next slides as an example of what not to do.

That being said, I'm working on blog post about your situation. You'll see...

What portion of the law limits the use of 'ideas?' HARO can't copyright the 'idea' of connecting sources with reporters, nor can they trademark it. The only thing they might have is an overly broad patent, but seeing as that wasn't in the C&D letter then I have to assume not.

On what legal grounds does HARO even have a case?

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