@MikeLin - DemandLetter

Darren A. Heitner, Esq.
Tel. 954.558.6999
Fax 954.927.3333
[email protected]
February 12, 2016
VIA EMAIL
Ryan Anderson Bell
[email protected]
RE: IMMEDIATE RETRACTION AND REMOVAL OF DEFAMATORY CONTENT

Dear Mr. Bell:
This firm serves as legal counsel to Mike Lin, founder of Scope Day
<http://www.scopeday.com/>. It has recently come to our attention that you posted content on the
service Periscope (a live video streaming app for iOS and Android) on or about February 10, 2016,
wherein you publicly defamed Mr. Lin (the “Act”). Within the Act, you made several false and
blatantly inaccurate statements, of which many are extremely damning to the personal and business
reputation of Mr. Lin. Specifically, you improperly stated, inter alia, that Mr. Lin is mentally
unstable, unable to enter the United States because of acts of domestic violence, responsible for
sex bots and that Mr. Lin uses LinkedIn to hack others’ bank accounts. The absolute worst and
most damaging part of the Act was that you informed individuals that if they take part in Scope
Day that they will have their accounts deleted. That, alone, shows intent to cripple another’s
business, and the claim is entirely false.
The Act was expressly made in an attempt to sully and harm Mr. Lin’s good name and
reputation, particularly among the users of Periscope, of which Mr. Lin relies on in order to
conduct his businesses. In doing so, you have subjected yourself to civil liability for claims of
defamation and defamation per se publishing such blasphemous and inaccurate material.
In order for a party to be found liable for defamation, the pleading party must prove the
following five elements: (1) publication; (2) falsity; (3) the party acted with knowledge or reckless
disregard as to the falsity on a mater concerning a public official, or at least negligently on a matter
concerning a private person; (4) actual damages; and (5) the statement is defamatory in nature.
Furthermore, there are four categories of statements that constitute defamation per se; they are: (1)
statements imputing to another a criminal offense amount to a felony; (2) statements imputing to
another a presently existing venereal disease or other loathsome and communicable disease; (3)
statements imputing to another (the other being a woman) acts of un-chastity; and (4) statements
imputing to another conduct, characteristics or a condition incompatible with the proper
exercise of his lawful business, trade, profession or office.
Based upon the foregoing, it is wholly and entirely evident that your conduct in, at a
minimum, recklessly publishing the content on Periscope filled with false statements that are
1736 NE 7th Street, Fort Lauderdale, FL 33304
P: 954.558.6999 • F: 954.927.3333
www.HEITNERLEGAL.com
defamatory in nature makes you liable for defamation. Mr. Lin is currently in the process of
attempting to create a very successful business by use of Periscope. A false Scope of your
magnitude – in which you state those claims referenced above – is extremely damaging to Mr.
Lin’s goals. Furthermore, recklessly and inaccurately imputing such conduct upon Mr. Lin, and
causing fear among Periscope users, undoubtedly leaves you liable for defamation per se.
Mr. Lin has been, and will continue to be, severely harmed and offended by your reckless
actions. It is crystal clear that your disregard for reputable information has caused you to publish
a Scope on Periscope that is inaccurate and defamatory in nature. As a result, Mr. Lin is fully
prepared and willing to defend his rights in court and seek relief.
In order to avoid the immediate initiation of a lawsuit against you, demand is made
that you immediately retract the Scope complained of from all databases and services,
including but not limited to Katch.me and Fullscope.tv. You must copy me
([email protected]) on all such demands. You must additionally publish a Scope, that
will prominently appear at a time and date approved by Mr. Lin, which must contain an apology
to Mr. Lin for dragging his name in the mud and wrongfully attempting to cause harm to Scope
Day. You must make it clear that there is no threat that anybody who takes part in Scope Day will
have their accounts deleted. You must provide proof of your compliance with this demand.
Further action depends entirely upon your response, which we expect no later than 5 p.m.
EST tomorrow, February 13, 2016. If you fail to respond, expect to be served with a Complaint
for defamation and defamation per se, seeking compensatory, punitive and all other damages
deemed fit by the court for your unacceptable and inexcusable actions.
Thank your for your cooperation and understanding. Please feel free to direct any and all
communications to Heitner Legal, P.L.L.C.
Regards,
DARREN A. HEITNER, ESQ.

Heitner Legal, P.L.L.C.
[email protected]
Cc: [email protected]; [email protected]; [email protected]; [email protected]
1736 NE 7th Street, Fort Lauderdale, FL 33304

P: 954.558.6999 • F: 954.927.3333
www.HEITNERLEGAL.com

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Darren A. Heitner, Esq.

February 12, 2016

RE: IMMEDIATE RETRACTION AND REMOVAL OF DEFAMATORY CONTENT

DARREN A. HEITNER, ESQ.

Cc: [email protected]; [email protected]; [email protected]; [email protected]

1736 NE 7th Street, Fort Lauderdale, FL 33304

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