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Timothy James Walton

Timothy James Walton

Walton Twu LLP
  • Business Law, Communications & Internet Law, Intellectual Property
  • California
Claimed Lawyer ProfileQ&A

Timothy Walton has more than eighteen years experience in litigation with senders of unsolicited commercial email.

Practice Areas
  • Business Law
  • Communications & Internet Law
  • Intellectual Property
Additional Practice Area
  • Internet Law
  • Free Consultation
Jurisdictions Admitted to Practice
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  • English: Spoken, Written
Pomona Coll
Undergraduate Degree
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UC Davis School of Law King Hall
Law Degree
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Professional Associations
California State Bar # 184292
- Current
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Websites & Blogs
Walton Twu LLP
Legal Answers
21 Questions Answered

Q. Is there an age limit to posting videos online?Is it okay for minors under 18 to post educational videos online?
A: There are some exceptions, but in general, minors are allowed to post videos online. Exceptions include: posting a video of a sexual nature or of activity that would be unlawful for a minor to engage in, children under the age of 13 posting to a site that has a COPPA restriction, and, of course, no one should be posting videos where they do not have full copyright protection and all rights associated with copyright.
Q. Does a wife have the right to hack into her husband's computer email account...
A: While your situation may depend on the circumstances that you call "hacking", in general, computer intrusion is not lawful. However, if you leave your password on a post-it note on the monitor, then that is not hacking...
Q. How do i find out the owner of a private registered website
A: While I doubt that you are correct that someone who has gone to the effort of successfully hiding will appreciate your finding them and respond to your sob story, it is a fact that you can sometimes find the true operator of a privately registered web site by sending the appropriate letter to the registrar, or by filing a lawsuit and sending a subpoena. If you are sure you know who made the post, you might be able to sue that person for a public retraction.
Q. Can you sue a website?
A: You can sue the person or entity that owns the web site. Depending on the cause of action, there may be other potential defendants as well. If you are having trouble finding the company that owns the web site, then try checking the TOS or privacy policy on the web site, do a Google search to see if the site is being talked about by others (such as at the Better Business Bureau), see if the whois provides registrant information, or give me a call as I may be able to help in more difficult instances.
Q. Is browsing the web a copyright violation?
A: Many web sites will have a set of terms that state exactly what use is allowed. Typically, there is at least an implied license to view a web page that is placed on a publicly available server. There may be restrictions on use beyond mere viewing, such as a prohibition on printing, sending to others, or using the source code for commercial purposes. Use of images beyond mere rendering in a web browser is often a violation of copyright. That said, there is no implied requirement that a user download every bit of a web site or even a web page, and certainly not pop-up windows. So there is nothing unlawful about using an adblocker to affect what information is downloaded from the Internet to your personal property.
Q. What is the definition of "display" of 40 C.F.R. 85.1511 (b)(4)?
A: The meaning of the word appears to address the use of autos and engines in shows - cars that are for purposes of display don't need to register, but neither can they drive on the public roads. If you need the exact definition as it applies to your situation, then you need to consult with an attorney.
Q. If life insurance payments were not paid on time do you not get full policy benefits at death
A: As with so many things, the answer is: it depends. There is a case where a payment was placed in the mail one day late, the insured died soon after, and the court found that the policy had expired because the premium had not been paid. However, there are protections in place to prevent this sort of thing. if you are the beneficiary, and the insured has deceased, contact an attorney about dealing with this problem. If you are wondering how important it is to pay the premiums on time, know that it is very important. If you are unsure when the premiums are due, check your policy or ask your agent or broker.
Q. Are the prices advertised on a retailer's website binding? In other words, can he advertise goods at $85 and charge $95?
A: Generally, a seller is required to stand by an offer once the offer is accepted. There have been instances, however, where a seller's price was just unreasonably low, due to a typographical error, for instance. Most retailers will still honor the price, but in one case a court found that the price was so low that the buyers should have known it was not real. This makes it difficult to know whether a price is absurdly low because of a "fire sale", because the goods are hot, or because the seller put the decimal in the wrong place. If a retailer makes a habit of not honoring the advertised price, the free market assumes that he will get written up on web sites like those run by the Better Business Bureau, Yelp, RipOffReport, and the like. If you know of only one instance where a seller has done this, and the true price was reflected rather soon after bringing it to the merchant's attention, then you will have a hard time prevailing in court. If you are in a disagreement over $10, then it is really just a life lesson (i.e., check the BBB before buying form someone you don't know), as even filing in small claims court will cost many times that amount.
Q. I need help with an internet theft of over $4500. We have proof and confession, but police and IC3 have done nothing.
A: Does the thief still have the cash? have you considered representing yourself in small claims court?
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9515 Soquel Drive
Suite 207
Aptos, CA 95003
Telephone: (831) 685-9800
Fax: (650) 618-8687