Talk:Cease and desist

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[edit] External links NPOV

I have added a {{NPOV-section}} to the External links section of this article, because all the links provided have a negative attitude towards cease and desist letters, or are resources for recipients of cease and desist letters. There are many cases in which cease and desist letters are valid and useful; I think there should be some links to websites explaining, for example, how to write a cease and desist letter, and under which circumstances they are appropriate to send. —Psychonaut 12:58, 27 July 2006 (UTC)

I don't know if this is what you're thinking of, but [1] from the same site as the 1st link involves people (Site users) sending C&Ds, which I don't think they'd have if they thought them to be seriously evil. However I do understand how the section could need at least one other site giving an on-the-level explanation, instead of just complaining about their misuse. 68.39.174.238 21:25, 6 August 2006 (UTC)

The problem is that adding the NPOV notice takes about as much effort as going out and correcting the NPOV by finding that link yourself and adding it. I'm not sure that there is a pro-C&D site; I think that the anti-C&D sites are not against the letters themselves, but against their abuse; and it is very hard to have a "pro-abuse of power" Web site on anything. See my point? I'm adding a link to "how to write a C&D letter" and removing NPOV. —Preceding unsigned comment added by 64.129.167.114 (talk • contribs)

[edit] "Legal term in the United States"?

I think it should be made clear where this legal term applies. From the links, it is clearly used in the US, but I have never come across it in the UK (where the closest, in England and Wales at least, would presumably be an injunction or court order?). I don't have sufficient expertise to add anything to the article itself, though - help appreciated? Peeper 22:28, 21 February 2007 (UTC)

[edit] Global Perspective

As Peeper has suggested, geographical variances in how the idea of "cease and desist" is interpreted are important when trying to correctly explain the concept. In the most general terms, cease and desist is typically issued from a court, an officer of the court, or with judicial oversight. I would describe C&D as a universal legal concept, but with different methods to its invocation. With regard to the usage of "C&D letters", the United States has clearly made some exceptions to the idea that the process requires judicial oversight. The copyright lobby successfully petitioned the United States congress for more effective tools to stop infringement of their intellectual property, arguing that current laws were insufficient to respond to the instant nature of the internet. The resulting legislation is known as the Digital Millenium Copyright Act. As the DMCA is the boilerplate legal justification cited when a copyright holder is seeking a swift takedown of allegedly infringing internet activity, it is perhaps better to address the criticism and issues with DMCA abuse on its own article page, since it really is an exception to the standard cease and desist process where courts or law enforcement act as oversight in mediation between private parties or an individual. As such, I'm not sure DMCA specific links are the relevant citations for this article. I would hope to solicit other opinions on the subject before I make any edits to the article page. Sigterm 22:32, 23 September 2007 (UTC)