View source for Social:Cease and desist

{{Short description|Document with the purpose of warning}}

A '''cease and desist''' letter is a document sent by one party, often a business, to warn another party that they believe the other party is committing an unlawful act, such as [[Copyright infringement|copyright infringement]], and that they will take legal action if the other party continues the alleged unlawful activity. The letter may warn that, if the recipient does not discontinue specified conduct, or take certain actions, by deadlines set in the letter, the letter's recipient may be sued.<ref>Gold, Michael Evan. ''[https://books.google.com/books?id=ny5Gv2wr3_MC&pg=PA17 An Introduction to Labor Law]'', p. 17 (Cornell University Press, 1998).</ref><ref name="Trimble">{{cite journal |last=Trimble |first=Marketa |year=2010 |title=Setting Foot on Enemy Ground: Cease-and-Desist Letters, DMCA Notifications and Personal Jurisdiction in Declaratory Judgment Actions |url=http://scholars.law.unlv.edu/facpub/105 |journal=IDEA: The Intellectual Property Law Review |volume=50 |issue=4 |pages=777–830 |access-date=2 November 2013 |archive-date=17 November 2013 |archive-url=https://web.archive.org/web/20131117190151/http://scholars.law.unlv.edu/facpub/105/ |url-status=live }}</ref> The phrase "cease and desist" is a [[Social:Legal doublet|legal doublet]], made up of two near-synonyms. A cease and desist letter issued by a government entity, called a '''cease and desist order''', is "a warning of impending judicial enforcement".<ref>{{cite book|last=Lorch|first=Robert Stuart|title=Democratic Process and Administrative Law|year=1980|publisher=Wayne State University Press|page=[https://archive.org/details/democraticproces0000lorc/page/158 158]|isbn=9780814315132|url=https://archive.org/details/democraticproces0000lorc/page/158}}</ref>

==Usage for intellectual property==

Although cease and desist letters are not exclusively used in the area of [[Social:Intellectual property|intellectual property]], particularly in regards to [[Copyright infringement|copyright infringement]], such letters "are frequently utilized in disputes concerning intellectual property and represent an important feature of the intellectual property law landscape".<ref name="Trimble"/> The holder of an intellectual property right such as a [[Copyright|copyright]]ed work, a [[Social:Trademark|trademark]], or a [[Social:Patent|patent]], may send the cease and desist letter to inform a third party "of the right holder's rights, identity, and intentions to enforce the rights". The letter may merely contain a licensing offer or may be an explicit threat of a lawsuit. A cease and desist letter often triggers licensing negotiations, and is a frequent first step towards litigation.<ref name="Trimble"/>

==Effects on recipients==

Receiving numerous cease and desist letters may be very costly for the recipient. Each claim in the letters must be evaluated, and it should be decided whether to respond to the letters, "whether or not to obtain an attorney's opinion letter, prepare for a lawsuit, and perhaps initiate [in case of letters regarding a potential patent infringement] a search for alternatives and the development of design-around technologies".<ref name="Trimble"/>

Cease and desist letters are sometimes used to intimidate recipients and can be "an effective tool used by corporations to chill the critical speech of gripe sites operators".<ref name="braswell">{{cite journal |last=Braswell |first=Rachael |year=2007 |title=Consumer Gripe Sites, Intellectual Property Law, and the Use of Cease-and-Desist Letters to Chill Protected Speech on the Internet |url=http://ir.lawnet.fordham.edu/iplj/vol17/iss4/10/ |journal=Fordham Intell. Prop. Media & Ent. L.J. |volume=17 |issue=4 |pages=1241–1287 |access-date=2 November 2013 |archive-date=4 November 2013 |archive-url=https://web.archive.org/web/20131104181826/http://ir.lawnet.fordham.edu/iplj/vol17/iss4/10/ |url-status=live }}</ref> A company owning a [[Social:Trademark|trademark]] may send such letter to a gripe site operator alleging a trademark infringement, although the actual use of the trademark by the gripe site operator may fall under a fair use exception (in compliance with, in the U.S., the protection of free speech under the First Amendment).<ref name="braswell"/>

==Notable cease and desist letters==

===2010s===
Author Patrick Wensink used Jack Daniel's famous branding without licensing as a cover for his 2012 book ''Broken Piano for President''. Jack Daniel's requested only future printings of the book to have the cover changed and offered compensation.

In 2017, a cease and desist letter sent by [[Company:Netflix|Netflix]] for an unauthorized ''Stranger Things''-related bar event was noted by news outlets such as ''Fortune'' and ''Quartz'' for its humorous wording.<ref>{{Cite web|url=https://www.theatlantic.com/business/archive/2017/09/netflix-cease-and-desist-stranger-things/540579/|title=Netflix's 'Stranger Things' Cease-and-Desist Letter Wasn't That Cool|first=Joe|last=Pinsker|date=September 21, 2017|website=The Atlantic|access-date=13 July 2020|archive-date=13 July 2020|archive-url=https://web.archive.org/web/20200713235927/https://www.theatlantic.com/business/archive/2017/09/netflix-cease-and-desist-stranger-things/540579/|url-status=live}}</ref>

===2020s===
[[File:ABS-CBN broadcast sign-off on May 5, 2020.png|thumb|210px|right|The sign-off message broadcast by DWWX-TV (ABS-CBN Manila) before stopping all broadcasts at {{Format time|19|52|hour_format=g|tz=PST}} in compliance with the NTC order because of franchise expiry on May 5, 2020]]

The {{wipe|Philippines}} National Telecommunications Commission administered a cease and desist order against ABS-CBN to stop broadcasting on May 5, 2020 after its franchise expired the day before (May 4, 2020). At 7:52&nbsp;pm (PHT), ABS-CBN stopped its broadcast in compliance with the NTC's letter, [[Engineering:Sign-on and sign-off|signing off]] all of its free TV and radio stations across the country (ABS-CBN Channel 2, S+A Channel 23, DZMM 630, and MOR 101.9). The said agency also gave ABS-CBN ten days to explain why its assigned frequencies should not be recalled.<ref>{{Cite news |date=May 5, 2020 |title=ABS-CBN to go off air in compliance with NTC order |work=ABS-CBN News |url=https://news.abs-cbn.com/news/05/05/20/abs-cbn-to-go-off-air-in-compliance-with-ntc-order |access-date=October 29, 2021 |archive-date= October 9, 2021 |archive-url=https://web.archive.org/web/20211009071949/https://news.abs-cbn.com/news/05/05/20/abs-cbn-to-go-off-air-in-compliance-with-ntc-order |url-status=live}}</ref> On June 30, 2020, considering that Channel 43 was also included in the May 5, 2020 shutdown order issued by the NTC against ABS-CBN (although ABS-CBN CEO Carlo Katigbak insisted that it is part of their blocktime agreement with AMCARA Broadcasting Network), the NTC and Solicitor General Jose Calida released two alias shutdown orders against Channel 43 on digital receiver [[Engineering:ABS-CBN TV Plus|ABS-CBN TV Plus]] and Sky Cable's nationwide satellite service Sky Direct.<ref name="NTCCalidaAdvice">{{Cite news |date=June 29, 2020 |title=NTC to issue alias shutdown order vs ABS-CBN after getting SolGen advice |work=ABS-CBN News |url=https://news.abs-cbn.com/news/06/29/20/ntc-to-issue-alias-shutdown-order-vs-abs-cbn-after-getting-solgen-advice |access-date=July 1, 2020 |archive-date=June 30, 2020 |archive-url=https://web.archive.org/web/20200630202221/https://news.abs-cbn.com/news/06/29/20/ntc-to-issue-alias-shutdown-order-vs-abs-cbn-after-getting-solgen-advice |url-status=live }}</ref>

Donald Trump sent a cease and desist letter to CNN asking them to retract a poll that showed him being 14 percentage points behind his opponent Joe Biden during the presidential election,<ref>{{Cite web |url=https://www.usatoday.com/story/news/politics/elections/2020/06/08/president-trump-fumes-cnn-poll-showing-him-trailing-biden-and-approval-down/5317953002/ |title=Trump campaign sends CNN 'cease and desist' letter, demands it retract poll that found Biden up 14 points |first=William |last=Cummings |website=USA Today |access-date=22 June 2020 |archive-date=12 June 2020 |archive-url=https://web.archive.org/web/20200612080317/https://www.usatoday.com/story/news/politics/elections/2020/06/08/president-trump-fumes-cnn-poll-showing-him-trailing-biden-and-approval-down/5317953002/ |url-status=live }}</ref> prompting ''The Atlantic'' to warn about attacks on the media.<ref>{{Cite web |url=https://www.forbes.com/sites/andrewsolender/2020/06/10/trump-campaign-demands-cnn-apologize-and-retract-poll-showing-biden-up-14-points/ |title=Trump Campaign Demands CNN Apologize And Retract Poll Showing Biden Up 14 Points |first=Andrew |last=Solender |website=Forbes |access-date=13 July 2020 |archive-date=13 July 2020 |archive-url=https://web.archive.org/web/20200713212258/https://www.forbes.com/sites/andrewsolender/2020/06/10/trump-campaign-demands-cnn-apologize-and-retract-poll-showing-biden-up-14-points/ |url-status=live }}</ref>

In 2021, [[Company:Google|Google]]'s platform [[Company:YouTube|YouTube]] issued a significant number of cease and desist notices to the creators of various music bots on [[Software:Discord|Discord]], such as Rythm and Groovy. These music bots allowed users to request songs and have the bot create a queue. This was done by pulling the audio stream from various [[Engineering:Streaming media|streaming]] and [[Online video platform|video platforms]], including YouTube, and then played that audio on the Discord voice channel. Because such music bots did not play any of the advertisements included on the video-hosting site, the company alleged missing revenue for itself and the content uploaders. A spokesperson for Google told [[The Verge]] that Groovy violated YouTube's [[Terms of service|terms of service]] for "modifying the service and using it for commercial purposes".<ref>{{Cite web|last=Warren|first=Tom|date=2021-08-24|title=YouTube is forcing the popular Groovy Discord music bot offline|url=https://www.theverge.com/2021/8/24/22640024/youtube-discord-groovy-music-bot-closure|access-date=2021-08-29|website=The Verge|language=en|archive-date=5 October 2021|archive-url=https://web.archive.org/web/20211005035746/https://www.theverge.com/2021/8/24/22640024/youtube-discord-groovy-music-bot-closure|url-status=live}}</ref> The makers of Groovy had decided to comply with Google's request by shutting down the bot on August 30, 2021. According to estimations, the bot had more than 250 million users.<ref>{{Cite web|last=tinelund|date=2021-07-25|title=Groovy Bot The Best Music Bot for Discord. Groovy Bot Discord might be among the best bots created in this ten years|url=https://tinelund.dk/groovy-bot-the-best-music-bot-for-discord-groovy-15/|access-date=2021-08-29|website=Tinelund.dk|language=da-DK|archive-date=29 August 2021|archive-url=https://web.archive.org/web/20210829234529/https://tinelund.dk/groovy-bot-the-best-music-bot-for-discord-groovy-15/|url-status=dead}}</ref>

In 2022, Disney issued a letter of cease and desist to the creators of ''[[Software:Club Penguin Rewritten|Club Penguin Rewritten]]'', a game that was created as a remake of ''[[Software:Club Penguin|Club Penguin]]'' after its shutdown on March 31, 2017.<ref>{{Cite web|url = https://gamerant.com/club-penguin-rewritten-shut-down-2022/|title = Club Penguin Rewritten Shut Down by Disney|date = 13 April 2022|access-date = 13 April 2022|archive-date = 13 April 2022|archive-url = https://web.archive.org/web/20220413164615/https://gamerant.com/club-penguin-rewritten-shut-down-2022/|url-status = live}}</ref>

[[Company:Google|Google]] issued a letter of cease and desist to the creators of [[Software:YouTube Vanced|YouTube Vanced]], an Android app developed as a third-party modification of YouTube. The app allowed its users to skip advertisements, among other functions. Since March 13, 2022, the app has been discontinued, with all links being removed.<ref>{{cite news |url=https://www.businessinsider.in/tech/apps/news/youtube-vanced-is-shutting-down-after-a-legal-threat-from-google/articleshow/90193973.cms |title=YouTube Vanced is shutting down after a legal threat from Google |work=Business Insider |date=12 March 2022 |access-date=19 May 2022 |archive-date=24 May 2022 |archive-url=https://web.archive.org/web/20220524142510/https://www.businessinsider.in/tech/apps/news/youtube-vanced-is-shutting-down-after-a-legal-threat-from-google/articleshow/90193973.cms |url-status=live }}</ref>

==See also==
* ''Abmahnung'', the equivalent of a cease and desist letter in German and Austrian law
* [[Social:Lumen (website)|Lumen]] (formerly known as Chilling Effects), a collaborative archive to protect lawful online activity from legal threats such as cease and desist letters
* ABS-CBN franchise renewal controversy, a national dispute in the Philippines regarding the ABS-CBN franchise renewal which involved a cease and desist letter
* Clameur de haro
* Demand letter
* Legal threat
* Online Copyright Infringement Liability Limitation Act
* [[Social:Strategic lawsuit against public participation|Strategic lawsuit against public participation]] (SLAPP)

==References==
{{Reflist|30em}}

==External links==
* [http://www.chillingeffects.org/ Chillingeffects.org]—A joint project between the [[Organization:Electronic Frontier Foundation|Electronic Frontier Foundation]] and several universities to monitor uses and abuses of intellectual property rights on the internet. Contains a database of cease-and-desist letters to which either senders or recipients can contribute.
* {{cite web |url=http://www.linuxjournal.com/article/5997 |title=Google Begins Making DMCA Takedowns Public |last1=Marti |first1=Don |date=April 12, 2002 |magazine=Linux Journal|access-date=4 May 2013}}


{{DEFAULTSORT:Cease And Desist}}
[[Category:Legal terminology]]

{{Sourceattribution|Cease and desist}}