A cease and desist letter is a document sent to an individual or business to stop allegedly illegal activity. The phrase "cease and desist" is a legal doublet, made up of two near-synonyms. The letter may warn that, if the recipient does not discontinue specified conduct, or take certain actions, by deadlines set in the letter, that party, i.e. the letter's recipient, may be sued.When issued by a public authority, a cease and desist letter, being "a warning of impending judicial enforcement", is most appropriately called a "cease and desist order".
Although cease and desist letters are not exclusively used in the area of intellectual property, particularly in regards to copyright infringement, such letters "are frequently utilized in disputes concerning intellectual property and represent an important feature of the intellectual property law landscape".The holder of an intellectual property right such as a copyrighted work, a trademark, or a patent, may send the cease and desist letter to inform a third party "of the right holders' 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.
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".
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".A company owning a 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).
In 2017, a cease and desist letter sent by Netflix was noted by news outlets such as Fortune and Quartz for its humorous wording.
The Philippine National Telecommunications Commission issued a cease and desist letter ordering ABS-CBN to stop broadcasting on May 5, 2020 after its franchise expired the day before (May 4, 2020). At 7:52 pm (PHT), ABS-CBN stopped its broadcast in compliance with the NTC's letter, signing off all of its free TV and radio stations (Channel 2, 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. 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 ABS-CBN TV Plus and Sky Cable's nationwide satellite service Sky Direct.
Donald Trump also 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,prompting The Atlantic to warn about attacks on the media.
In 2021, Google's platform YouTube issued a significant number of cease and desist notices to the creators of various music bots on Discord. Some of the most notable bots to be sent this notice were Rythm and Groovy, at the time, the two most popular bots on the platform. 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 streaming and 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 for "modifying the service and using it for commercial purposes". 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.
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a civil dispute. The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity. A declaratory judgment does not by itself order any action by a party, or imply damages or an injunction, although it may be accompanied by one or more other remedies.
ABS-CBN is a Philippine commercial broadcast network and syndication, program distributor, and production company that serves as the flagship property of ABS-CBN Corporation, a company under the Lopez Group. It formerly operated as a free-to-air television network. The network is headquartered at the ABS-CBN Broadcasting Center in Quezon City, with additional offices and production facilities in 25 major cities including Baguio, Naga, Bacolod, Iloilo, Cebu, and Davao. ABS-CBN's production and post-production facility is located at the Horizon IT Park in San Jose del Monte, Bulacan which opened in 2018. ABS-CBN was colloquially referred to as the Kapamilya Network; this branding was originally introduced in 1999 and was officially introduced in 2003 during the celebration of its 50th anniversary and was used until its May 5, 2020 shutdown. During its shutdown, ABS-CBN's branding changed to Kapamilya Forever in support for the network's franchise renewal on May 13, 2020. ABS-CBN is the largest media company in the country in terms of assets, manpower, and international coverage. As of 2020, the terrestrial broadcasting operations of the network is indefinitely suspended due to lack of license and franchise, but broadcasting activities continued via online, cable and satellite, streaming platforms, and other free-to-air terrestrial television.
DWWX-TV, Channel 2, was the flagship VHF station of Philippine television network, ABS-CBN. The station was owned and operated by ABS-CBN Corporation with its studio and transmitter located at the ABS-CBN Broadcasting Center, Sgt. Esguerra Ave., corner Mo. Ignacia Ave., Diliman, Quezon City. It was the first and oldest television station in the Philippines. The station served as the originating channel of the network's national television programming, which broadcast to all its regional stations.
News Patrol is an hourly news bulletin of Kapamilya Channel which was aired from September 5, 2005, to May 5, 2020, replacing ABS-CBN News Advisory at the former ABS-CBN. The news bulletin was suspended on May 5, 2020, after ABS-CBN was forced to cease and desist its free TV broadcasting operations given by the order of the NTC. On May 8, 2020, News Patrol continued broadcast on cable channels TeleRadyo, ANC, Cine Mo!, TFC, online via ABS-CBN News' website, Facebook, YouTube and iWantTFC. It also served as the main newscast for Kapamilya Channel until it was replaced by a TV Patrol simulcast.
Kapamilya Channel is a 24-hour Philippine pay television network owned and operated by ABS-CBN Corporation, a company under the Lopez Group. The network is headquartered at the ABS-CBN Broadcasting Center in Quezon City where it started broadcasting on June 13, 2020 at 5:30 a.m. with Kapamilya Daily Mass as its first program also marking its parent company's 74th anniversary. A separate high definition 1080i resolution channel began broadcasting the same day. The network serves as the replacement of the main terrestrial ABS-CBN network after ceasing its free-to-air broadcast operations as ordered by the National Telecommunications Commission (NTC) and Solicitor General Jose Calida on May 5, 2020 due to the expiration of its legislative franchise. It carries most of programs that ABS-CBN aired prior to the shutdown. Its studios are located at the ABS-CBN Broadcasting Center, Sergeant Esguerra Avenue, Barangay South Triangle, Diliman, Quezon City.
A legal threat is a statement by a party that it intends to take legal action on another party, generally accompanied by a demand that the other party take an action demanded by the first party or refrain from taking or continuing actions objected to by the demanding party.
DYPR-TV, channel 7, was a commercial television station owned by Palawan Broadcasting Corporation, an affiliate of ABS-CBN Corporation. Its studio and transmitter are located at the ABS-CBN Broadcast Center, corner Mabini and Valencia Streets, Barangay Masipag, Puerto Princesa, Palawan. Opened in 1965, it was the first television station serving the province.
The Millennium Transmitter is a 720 ft (219.5 m) tall mast owned by the ABS-CBN Corporation located at the ABS-CBN Broadcast Center, Mother Ignacia Street corner Sgt. Esguerra Avenue, Quezon City. It served as a platform for television transmission for both DWWX-TV and DWAC-TV, the respective flagship stations of ABS-CBN and ABS-CBN Sports and Action. It was also the former transmission tower of radio station DWRR until it was shifted when the Millennium Transmitter was upgraded by the end of 1999. On June 30, 2020, the transmitter was completely shut off due to a cease and desist order from the National Telecommunications Commission after ABS-CBN's legislative franchise expired on May 4, 2020.
DWBY-TV was a local commercial television station owned and operated by ABS-CBN Corporation, Its studio and transmitter facilities are located along Cagayan Valley Road, Brgy San Vicente, San Miguel, Bulacan. This channel was formerly occupied by the Far East Network of the United States Armed Forces until the shutdown of FEN UHF-17 due to the eruption of Mount Pinatubo and the withdrawal of the U.S. military from Clark in 1991.
O Shopping was a Philippine pay television channel owned by ACJ O Shopping Corporation, a joint-venture between Philippine entertainment and media conglomerate ABS-CBN and South Korean home shopping company CJ ENM O Shopping Division. The channel was launched on October 14, 2013. O Shopping programs were previously aired on ABS-CBN and Kapamilya Channel during midnights, as well as on S+A, Jeepney TV, and online via iWantTFC.
ABS-CBN TV Plus was a Philippine ISDB-T encrypted digital terrestrial television provider owned and operated by ABS-CBN Convergence, a subsidiary of ABS-CBN Corporation. The service distributed digital set-top boxes with freemium and free-to-view digital TV channels, Broadcast Markup Language, Emergency Warning Broadcast system, and pay per view services to selected areas in the Philippines. In order to avail the service, users must buy an ABS-CBN TVplus set-top box and activate it through ABS-CBNmobile SIM card; activation requirements for the digital channels through other mobile networks later became available around the second quarter of 2018. As of February 2020, ABS-CBN TVplus had sold over 9 million units of its set-top boxes.
Sky Direct was a direct-broadcast satellite subscription television service in the Philippines owned and operated by Sky, a subsidiary of ABS-CBN. Sky Cable had been eyeing for a DBS service and considered on acquiring Dream Satellite TV from Antonio O. Cojuangco, Jr. The acquisition of Dream was reported to have reached an advanced stage but for some undisclosed reasons, the deal was not sealed. Sky's entry to the DBS market was hindered by various oppositions from the industry, citing legal issues and the slow growth of the pay TV market in the country. On December 23, 2015, Sky was granted by the NTC a provisional authority to operate and maintain a DBS service in 251 cities and municipalities in the country for a period of 18 months. Sky Direct offered both prepaid and postpaid packages with exclusive channels from ABS-CBN and Creative Programs such as ABS-CBN HD, ABS-CBN News Channel, ABS-CBN Sports+Action HD, Cinema One, Jeepney TV, Metro Channel, Liga, and Myx. As of March 2019, Sky Direct had over 1 million subscribers.
Kapamilya Box Office (KBO) was a Philippine pay-per-view television channel. It was initially launched in May 2015 as a pay-per-view channel intended for the historic boxing match between Manny Pacquiao and Floyd Mayweather Jr. It was formerly registered as the "TVplus Xtra Channel" but became inactive after the coverage. By April 2016, the channel was rebranded as KBO.
Asianovela Channel was a Philippine pay television channel created by ABS-CBN and one of the former freemium channels of ABS-CBN TVplus. The channel primarily aired Filipino-dubbed Korean dramas and Asian films, along with imported programming from ABS-CBN and its sister channels Cinema One and Cine Mo!. Asianovela Channel operated from 6:00 AM to 1:00 AM on Weekdays and 6:00 AM to 2:00 AM on Weekends. From July 30, 2018 to May 5, 2020, Asianovela Channel was available for a free-trial basis along with O Shopping, Movie Central, Jeepney TV, and Myx.
Movie Central was a Philippine pay television channel created by ABS-CBN and one of the freemium channels of ABS-CBN TVplus. The channel's programming consists of mainly foreign and Hollywood movies. It was the second digital terrestrial television-exclusive movie channel after Cine Mo!, which also airs Hollywood and foreign movies in original English audio. Movie Central operated daily from 7:00 AM to 1:00 AM of the following day. It was available for a free-trial basis from July 30, 2018 to May 5, 2020, alongside O Shopping, Asianovela Channel, Jeepney TV, and Myx.
G Diaries is a Philippine travel and lifestyle television program created by ABS-CBN Foundation. It features destinations throughout the Philippines for an effort to support ecotourism. The program debuted on ABS-CBN on June 10, 2017 as part of special programming, until it became a regular TV show in later seasons. Gina Lopez served as the main host until her death in August 2019. Ernie Lopez took over the hosting duties onwards.
The ABS-CBN franchise renewal controversy is a national dispute in the Philippines regarding the renewal of the congressional franchise that would have allowed Philippine media network ABS-CBN continued broadcasting rights in the Philippines.
"Bawal Lumabas " or simply "Bawal Lumabas" is a single by Filipina actress and recording artist Kim Chiu. The chorus of the song came from her statement during the live chat event "Laban Kapamilya" as she tried compare ABS-CBN's shutdown to classroom rules. Her comparison went confusing and incoherent instead.
A2Z, known on-air as A2Z Channel 11, is a Philippine free-to-air blocktime broadcast television network that serves as a flagship property of ZOE Broadcasting Network in partnership with ABS-CBN Corporation through a blocktime agreement. A2Z's flagship television station is DZOE-TV which carries the VHF Channel 11 and UHF Channel 20. The network's name is an abbreviation derived from the first letter of the names of two parent companies, ABS-CBN and ZOE, the number of the now-recalled channel frequency of the former, and English alphabet letters from the first letter A to the last letter Z.