A cease and desist order is a legal term used to stop a person or entity from engaging in a particular activity. It can be issued by a court or through a letter threatening legal action. The order can be temporary or permanent depending on the legality of the activity. It is commonly used to stop copyright infringement.
Cease and desist might be called “stop and don’t do it again,” and is typically a legal term that can be used by courts, or sometimes by individuals and lawyers, to get a person or entity to stop engaging in a particular activity. When issued by a court or judge, it is called a cease and desist order. The other context in which this may be used is if a person, possibly with the help of a lawyer, writes a cease and desist letter, where legal action is threatened if the person (or business) does not stops engaging in a certain activity.
There are many possible scenarios in which a judge could issue a cease and desist order. Sometimes this order is temporary. The person who has been asked to stop an activity can only be asked until a court hearing can determine the legality of the activity. If the person’s acts actually turn out to be outside the law, the order could become permanent. In other circumstances, the person or entity engaged in the activity is clearly doing something illegal and a hearing is not required to determine this. In these cases, judges at various levels of the court may be authorized to issue an order prohibiting permanent behavior.
Another use of cease and desist is when people write letters to others asking them to stop engaging in a certain activity. This could be an infringement of an individual’s or a company’s copyrights, it could be a request to stop the slander or slander, or it could be due to unlawful harassment. For example, a collection agency, in many circumstances, cannot legally contact a person more than once, after receiving the request the company refrains from future contact with the person because of the money. Sometimes the matter is so serious that it has to be enforced by the courts, such as harassment threatening violence, but usually when people write these letters there is simply an implication that continuing an activity will result in action legal.
A common form of these letters is to stop continued copyright infringement, especially on the Internet. Often companies like WiseGEEK have to write these letters when they discover that their articles have been copied and used without permission on other people’s or companies’ websites. A first step in pursuing this goal is to ask people to stop by letter. This could be followed by legal action if the letter is ignored.
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