texts: Data copyright for public domain content or natural resources

texts:
So fossil websites such as this, this, and this all say their data is basically it is for personal or educational use not-for-profit. Others such as this are creative commons.

From my understanding, on one hand, you can't "copyright" something that is recorded (I read that somewhere). You can't copyright a record of the rainfall statistics, or a collection of phone numbers or addresses in a phone book. I am not sure why exactly, but it sort of makes sense. This data is part of "nature", it is "public". The same with stuff like fossils. They grew out of nature and so are part of the public. But hmm, maybe if they were found on private property (someones private land), maybe then they would be considered not public, not sure. But it makes sense to me that fossils or records of phone numbers aren't copyrightable because they are public / natural data.

Which makes me wonder about "data". If someone has data in a database about natural stuff, like the data at the above fossil sites (images of fossils, or metadata of fossils such as this), then that is still technically something from nature. That is, it is public information / a public resource. But then maybe not. A website that tracks user behavior, that data is private. But that would make sense because the website is like a business with private access and which they own the transactions. So that just gets me more confused.

Also, I know photographers stuff is protected under copyright, even though it is of nature. But maybe there is a boundary between "documentation photos" and "creative photos". This may be why the museums can limit the use of their photos to personal/educational use.

So to summarize, I'm wondering a few things:

If database records (just the metadata part) of natural resources can by copyrighted.
If the use of database records (metadata) of natural resources can be limited in scope by a provider (not sure if this is the same thing as copyright).
Same for the images.

Basically just would like to understand better what data can and can't be copyrighted to prevent certain uses.

A related example is digitizing a public domain book. The book content is public domain. But if someone hosts a digitized book (that is, an image of the content), I wonder if they can say "you can only use this for personal use". Or if they go one step further than just pasting an image online of a public domain work (like archive.org does), and instead post the unicode textual data of the book, if that can be copyrighted (that is, if they can say "you can only use this for personal use"). By textual form I mean, more than just a PDF/image of the book, but something you can actually copy-paste into a Word document or text editor. So we know the content is public domain. Then in the case of archive.org we know the images of the content are public domain. Next to know is if the text that was taken out of the image and put into a text document is public domain. The reason is because technically it does require technology/work to create the artifact at each step ($10,000 digitizing tools to digitize books at scale, or complicated/private OCR technology for getting the text from the images, or the work of manually entering in the text by looking at the image or book directly).


texts: Can a journalist publish emails sent to him/her by a diplomat at a foreign country's embassy, obtained while undercover, without infringing copyright?

texts: Let's say the emails contain no personal or secret information, but merely state the diplomat's interpretation of his/her country's position on an issue.


texts:
Let's say someone has been sentenced to death and is about to be killed by lethal injection. While they are being brought into the execution room, they manage to escape the grip of the prison guards and try to escape. A short fight ensues during which a guard gets killed before the prisoner gets tazed and secured to the floor.

Was that killing legal? Is violence only considered self defense if it was used to protect oneself from illegal harm and not if that harm was mandated by justice? Do you have to accept death if you are sentenced to death or can you defend your life?

What if it later turns out, that you were wrongfully convicted or the execution would have been illegal due to some technicality: Can the killing of the prison guard be considered self defense now?


texts:
The Last Question by Isaac Asimov, is freely available on the web, albeit not being a free work. This is not unusual, as piracy is quite rampant on the web. What I find unusual is the sources that are offering an apparent pirated copy of the book. For example, the Princeton physics website is a source.

According to a website claiming to represent Isaac Asimov's estate:

  As a result, none of Asimov's fiction is legally available for free download on the net without the permission of his estate.

Source

How can Princeton University legally distribute the book?


texts: Tenancy at Will vs Periodic Tenancy: payment

texts:
Is it possible to pay for a tenancy at will without having the tenancy at will becaome a periodic tenancy?

I ask this because a classmate told me that you cannot pay for a tenancy at will. The moment you pay it becomes a periodic tenancy. Something about what my classmate said is very strange. Then again, if tenancy at will does not involve payment I can see why the landlord/roommate would be able to terminate it whenever he/she wishes. The landlord is basically just doing the tenant a favor if not asking for money. I guess it is kind of like how my parents haven't kicked me out or asked for rent even though I still live with them.

BTW, I noticed that a lot of websites are saying that a month-to-month tenancy and a tenancy at will are interchangeable. I don't think this is correct but if I am wrong please let me know in detail why because if I am wrong then I am almost certain that this fact would figure in to the answer to my question.


texts:
I have a small business website.
I am using pictures with various licenses (license usage is correct).
At the bottom of my page I am showing a copyright notice "copyright © 2019 my business name".

Do I have to remove my copyright notice because I am not the copyright holder of all images on my website?


texts: Where do I find the list of weapons referenced in this Netherlands weapon law?

texts:
I am reading the wet wapens en munitie, which is the Dutch law concerning possession of weapons and ammunition.
In this law there is frequent referrence to "bij regeling van Onze Minister aangewezen voorwerpen die geschikt zijn om daarmee personen ernstig lichamelijk letsel toe te brengen" (approxiately: objects designated by the OM as suitable for causing serious physical injury to people).
Is there any place where I can find a comprehensive list of objects marked as such, or does the minister simply decide on a case by case basis whether the object carried by a person is or is not a weapon?


texts: How much of this image do I need to modify in order to avoid copyright violation?

texts:
There is a browser game that I want to port the Android. The problem is I do not want to use the same image assets because of copyright violations.

Would this example be enough to prevent a copyright violation?

Original Image:

This is my version. It's on imgur so that it does not blend with the white background of this site.

Also this person has not seemed to put any copyright on their game.


texts: How do you search for the status of current legal proceedings?

texts:
I'm curious about the case of Tristan Rettke, who was charged with civil rights intimidation for toting a confederate flag bag of bananas while wearing a gorilla mask at a BLM protest in 2016. The last status I could find via Google was this link where his attorneys sought to dismiss the charges.

It seems like it was a long time ago and I'd like to know where the case stands. Is there a way to look up the county/state/federal records and find out?


texts: What should a dual citizen do at a US Border Patrol interior checkpoint?

texts:
This question concerns United States Border Patrol interior checkpoints.  These checkpoints are located away from the external border, but within 100 miles of it, at which traffic may be stopped in order to check the immigration status of the occupants.

Noting 18 USC 1001 (see my related question for more information), I wonder how a dual citizen should react when faced with one of the usual questions asked by border patrol officers at these checkpoints:

Are you a US citizen?

For a person who is a citizen of the United States and at least one other country, is it okay simply to answer yes?
For a person who is a citizen of multiple countries, not including the United States, is it okay simply to answer no?

What country are you a citizen of?

Is it necessary to disclose all countries of citizenship when responding to the second question?  Does it matter if one of those countries is the US?


texts:
How much do small firms or individual practitioners pay for access to Lexis, BNA, and Westlaw?

These seem to be essential tools for effectively engaging with the judicial system, and something of a barrier to entry for anyone not practicing full-time for profit.


texts: Gaining possession of adjoining building (garages)

texts:
There is a building that takes up a quarter of my garden that I would like to gain possession of. The building in question is a a double door garage that opens up in to the back streets.

I know that this building has not been entered for at least 2 years, as the doors have been covered in cobwebs since we moved in.

From what I've heard the owner's husband passed away a year ago and the woman herself, is agoraphobic. I've tried talking to her via visiting and letters but she doesn't respond. I'm willing to pay a fair price, or even more.

Are there anything I can do to, lawfully, get her to relinquish these garages to me?


texts: Is it illegal to throw water or soda on people?

texts:
Yesterday, some guy took a diner's soda and threw it on him for wearing a political hat. Is that considered a crime, or is it ok to throw liquids on people? I know that protesters used to throw pies at politicians in Europe.

UPDATE

Update, apparently the guy in the example was arrested and charged with theft of a person because he also stole the guy's hat. Apparently they did not charge him with assault.


texts: If Ryan Holle lend shoes or combs instead of car would he be convicted?

texts:
Ryan Holle lend a car to  his friends.

What about if instead of lending a car he lend socks or combs that are latter used in a crime.

So a robber uses the socks and rob someone. Or a robber uses the comb to well, comb his hair, and rob someone.

I pick socks and comb because it seems that those items are replaceable. If Ryan didn't lend the socks, the robbers would simply buy a sock.

But then I thought, if Ryan didn't lend his car, then the robbers can simply use taxi.

So yea. That's the question. If Ryan had lent his socks, for example, would he be in jail now?


texts:
Example:

  Enurement: This Agreement will enure to the benefit of and be binding
  on the Parties and their respective heirs, executors, administrators
  and permitted successors and assigns.

I do not get what any of this means. Can someone give a simple example when this may come into play?


texts: Are employers liable for employee safety if the workplace is declared a "gun free" zone?

texts:
If a company prohibits their employees from carrying a firearm while on their property, are they legally liable for the safety of their employees in an active shooter situation?

If they refuse to allow their employees to protect themselves, should the company not then be required to protect them? If not, why?

Example: I have a concealed pistol license (CPL) which, in my open-carry state, allows me to carry a pistol in most public places and private businesses unless prohibited by law (the Constitutionality of which is another debate) or designated by the business owner as "gun free."  My employer has specific rules against employees bringing weapons of any kind into the building or even into their parking lot.

If there is a violent situation at work, such as a mass shooter, and I get injured by that shooter, is there any recourse to be taken against my employer for failing to protect their employees from shooter themselves?


texts: Which country's jurisdiction applies on YouTube channels?

texts:
When a video is uploaded to YouTube, it is visible to the rest of the world, meaning YouTube displays it everywhere. Does this mean all countries' law applies to it?
If the videos are in English and are about science in general, does this mean if some countries someday ban (imprisonment) science videos or use a specific colour in videos, can they extraterritorially enforce this imprisonment if they are in some other countries like the USA or India?
I mean, can a country just bring any YouTuber to a jail outside its borders (using its national language as the language of the video) who uploads content of international appeal because of some law?
Also, can a country just hold liable for YouTube's data privacy practices a YouTuber outside its borders and enforce the judgment if the practices of both YouTuber and their channel and YouTube is legal in their home country?
One last thing is whether the inclusion of ads makes a difference?


texts: Are McKenzie Friends Allowed in The United States?

texts: McKenzie friends are people who assist others in court while not themselves being attorneys.  They are allowed in England and Wales.


texts: Sales tax on tourism services resold abroad

texts:
I am a software developer working on software that allows users to resell tourism products (tours, accommodation, car rentals etc.) The reseller can be either local, in a different state or a foreign reseller.

In understand well enough how U.S/Canadian sales taxes work when the supplier is selling services directly. The tax percentage is added to the invoice before the customer pays. The same applies when the supplier sells his services to the reseller, the sales tax is added to the discounted price for the reseller.

However I am not sure how to handle taxes on the invoice from the reseller to the end customer.

Local resellers

Do I add the local resellers sales tax to the final price to the customer?

Resellers in other states

Does the reseller need to apply the sales tax from the state where the services are rendered, or do they apply their local states sales tax?

Foreign resellers

Should the final sale to the customer apply sales tax from the supplier?

i.e. Should the reseller apply the local sales tax where the service is delivered to the final price to the customer?


texts: Repeal of an amendment proposal to the U.S. Constitution

texts:
Can Congress repeal a proposal to amend the Constitution of the United states, when it has not yet been ratified?

Has it ever happened?

(If I'm not mistaken, some state legislatures have voted to rescind ratifications of proposed amendments, and there has been some controversy about the validity of such an act, but a Congressional repeal of a proposal is another matter.)


texts: Get power of attorney for someone in another state to handle matter in a third state

texts:
My brother want's me to obtain a  power of attorney to handle a legal matter for him, we are in different states, and the legal matter is in a third state.  How can I go about it in the least painful way.

Background

There is a criminal case file in which my brother is listed as a victim in state of Virginia.  My brother would like to obtain.  I'm in California, and he is in the midwest.  According to the PD in Virginia, for me to go through the process to request the file in need power of attorney, though I probably don't need to travel to Virgina.
Is there a way my brother can grant me power of attorney with out him or I leaving our states and it be valid in Virginia?


texts: Is it legal for a car to have a paper license plate in California?

texts: For over a year a car I see most days has a rear license plate that only has XXX Chevrolet. The license plate frame says XXX Chevrolet.com. Is there an exemption that allows the vehicle owner to use this in place of a standard USA license plate?


texts: Does a license found in a repository automatically apply to the code in the repository?

texts:
Imagine this situation, you create a new project which is not intended to be  Open-Source, but you use a permissive framework which allows not opening the source code of your own project which depends on said framework.

Some time go by and you develop your application with version control, but then in your project structure you notice a LICENSE file with a copyright statement:

- app +
      |
      + ...
- LICENSE.txt

Turns out this LICENSE file is a leftover file from the framework you used, but it's in the root directory of your project. The license itself is whatever license the framework is, but the copyright statement is not yours or your organizations, but the framework developers.

My question here is:

Does this license file now somehow apply to the project?

Is my project, or at least all the versions with this file in them (in the version control history), magically under this license?

Similarily, let's say you notice a project file (let's take package.json) that also has a leftover license field from somewhere that you forgot to remove:

  "license": "ISC",

(I've seen this happen in JS projects where npm init was run through quickly, the default license field is ISC)

What about this? Does this somehow apply to the project, even if the author intended for it to be proprietary?


texts: In beer can lottery who gets to keep the prize? Buyer or person who opened the can? Does mutual mistake rule applies to gifts?

texts:
I have an interesting situation on my facebook wall.

Take ten beers to a friend's house. One wins a motor.
Whose? Yours or friend's?

Basically in Cambodia there's a beer lottery you open a can and you can win another beer or money or motorbike. As far as I can tell guy brought 10 cans of beer to his friends and one of them motorbike. Who gets the legal right to keep it.
EDITED: IMHO buyer gets to keep it. As he can claim that when handling over the cans his intention was to provide the beer only (cans contents) and not motorbike. One simmilar case that could be used is barren cow  where both assumed that cow was barren, court ruled that contract invalid... Same is here I am pretty sure that buyer didn't have intent on giving moto away... Although the case above is indeed contract law and beer can is a gift and not a contract... Does mutual mistake rule applies to gifts?
Who gets to keep it? Person who bought it or person who opened the can?


texts: Can I sell a mobile app that contains definitions from a GPL licensed dictionary?

texts:
I am developing a mobile word game in which the word list and word definitions come from the GCIDE Dictionary. According to my research this software is released under the GNU General Public License.
I am not using the dictionary's software, only the words and definitions that the software uses, which are originally compiled from other dictionaries (1913 Webster, WordNet, etc). I downloaded the word list separate from the application and copied it to my own formatted file.
My research on the license has led to a lot of concern with this:
Is this considered using/distributing the licensed dictionary software?
Am I able to sell my mobile game without releasing the source code to the public?
If I sell my mobile game, are purchasers able to redistribute my software freely since the dictionary is under a free license?
I want to avoid any future problems with this, so any suggestions are appreciated.


texts: My tenant signed the lease renewal, but I have not signed yet, can I terminate the lease?

texts:
My tenant signed the lease renewal agreement starting June 1st, but I have not signed it yet. The tenant has not paid May's rent yet and has been in violation a few times in the past. I would like to terminate the lease, i.e. not renew it from June 1st onwards.

Since the tenant has signed it, am I still legally bound to honoring the lease for another year?

Thanks much!

Update: My jurisdiction is Utah


texts: Status of the Act for the Protection of the Industries of the Indians of New Mexico

texts:
It would like to know if the Act for the Protection of the Industries of the Indians of New Mexico approved 18 March 1909 is still law or if not under what circumstances it was repealed.

  It shall be unlawful to sell or offer for sale within the Territory of New Mexico any imitation Indian blanket, unless manufactured in New Mexico and, unless the said imitation blanket shall have a label attached thereto on which shall be printed in letters not less than one and one-half inches square the words “Imitation Indian Blanket” stating which tribe it is designed to imitate. This label must be at all times maintained upon any imitation Indian blanket which is to be sold or offered for sale within the Territory. It shall also be unlawful to sell or offer for sale any imitation Indian baskets or pottery under representations that the imitations were manufactured by Indians, unless they should be manufactured by Indians. Any person violating this section shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollar for each offense, or by imprisonment in the county jail for not less than thirty days nor more than ninety days.

The law still appears in New Mexico Statutes, 1953 Annotated, but I don't have any information after that.


texts: How does one exercise their GDPR related rights?

texts:
In May, GDPR will become effective and have a global impact on how personal data is handled.

Article 20 of the GDPR requires complying systems provide Data Portability.

If a European citizen was to try and exercise the rights given by this Article for example, how would they go about it?


texts: Liability for insurance if electric/water supply installation for a kitchen done by myself in Germany

texts: Do I need to hire a certified electrician/plumber to install water and electricity supply for a kitchen to ensure any following damage is insured by the building/home insurance or can I do it myself without a formal qualification?


texts: Can the Resedential Tennancy Act be included in situations where it wouldn't normally apply?

texts:
The Residential Tenancy Act list situations when it would naturally apply and when it would not.

From http://www.bclaws.ca/civix/document/id/complete/statreg/02078_01#section2

  What this Act does not apply to

  4   This Act does not apply to

  (a) living accommodation rented by a not for profit housing
  cooperative to a member of the cooperative,

  (b) living accommodation owned or operated by an educational
  institution and provided by that institution to its students or
  employees,

  (c) living accommodation in which the tenant shares bathroom or
  kitchen facilities with the owner of that accommodation,

  ...

  This Act cannot be avoided

  5   (1) Landlords and tenants may not avoid or contract out of this
  Act or the regulations.

In the situations that it wouldn't normally apply, could it be included? For example could the lease/contract/addendum contain the clause "the residential tenancy act applies" and even if one of the conditions listed under section 4 is met, the rules of RTA would apply?


texts: What organs can hospital patients not take home?

texts:
What amputated or removed organs, not limited to limbs, are hospital patients NOT allowed to take home in the U.S.? If the laws vary between states, then I'll focus on Washington State.

Can amputees take their limbs home?


texts: Can a grand jury indict a person without identifying them beforehand?

texts: What is the threshold required for indictment? Is it the same as probable cause? Can a grand jury indict a person without proper identification using heresay witness statement. Some time a probable cause for criminal complaint is signed by a police officer or a court clerk without any direct observation solely on a basis of a witness statement identifying the suspected person on a photo without proper line-up. The prosecution then fights a defendant motion to dismiss by claiming that in-court identification will be made during the trial. Can prosecutor direct the grand jury to indict a defendant who was not properly identified?


texts: Is it legal/ethical to ask my employer to make a deduction from my salary to reimburse me for an expense?

texts:
I am an international student studying in the US. Federal law requires that I am register for a one credit course in order to take a certain internship, the cost of which is close to $2000. This credit cannot be counted towards my degree requirements.

My employer does not wish to pay for the cost of this credit. Is it legal/ethical to ask them to deduct $2000 from my pay and give this to me as an reimbursement, so as to reduce the tax burden? After all, as I understand it, tuition waivers are not taxed (e.g. https://www.npr.org/2017/12/18/570941259/grad-students-tuition-waivers-will-remain-untaxed-after-all)


texts:
Are there case law examples where a reseller was forbidden to publish the name of the item being resold?

For example suppose a computer reseller acquires a used computer made by HALCO, model HAL-9001 (fake brand and model).

Can HALCO stop the reseller from publishing the brand and model, perhaps in an ad, on their website, or on a piece of paper taped to the unit, as both are trademarked? (There are no authorized HALCO resellers.)


texts: Ambiguous speed limit after passing a T-junction

texts:
Consider the intersection between Fitzgerald St and Angove St in North Perth, Western Australia (left-hand traffic). This is a T-junction, with Fitzgerald St being the continuing road and Angove St being the terminating road.

The speed limit along Fitzgerald St northbound approaching the intersection is 40 km/h (pink), due to an earlier sign.
The speed limit along Fitzgerald St northbound 20 metres after the intersection is 60 km/h (green), as signed explicitly.
The speed limit along the Angove St approach is 50 km/h (blue), the default speed limit in a built-up area.

What is the speed limit along the "ambiguous portion" (yellow) of Fitzgerald St northbound, that is, the 30-metre portion of Fitzgerald St from the left-turning lane of Angove St up to the 60-sign?

Suppose Alice travels on Fitzgerald St northbound, and drives straight through the intersection. Alice would conclude that the speed limit along the ambiguous portion (yellow) is 40 km/h, since the earlier 40-sign on Fitzgerald St applies all the way up to the 60-sign.

Suppose Bob approaches on Angove St and turns left into Fitzgerald St northbound. Bob knows nothing about the earlier 40-sign, and only ever sees the 60-sign on Fitzgerald St after the intersection, and could conclude either:

The speed limit along the ambiguous portion (yellow) is 60 km/h, since the 60-sign is consistent with all of Fitzgerald St being a 60-zone (which was indeed the case before 2016); or
The speed limit along the ambiguous portion (yellow) is 50 km/h, since it is an unsigned portion of a built-up area.

Either way, Bob concludes that the speed limit along the ambiguous portion is greater than 40 km/h.

In practice it is unlikely that Bob, after completing the left turn, could actually manage to accelerate to a speed greater than 40 km/h within the 20-metre ambiguous portion up to the 60-sign. But it seems that the speed limit in the ambiguous portion is ill-defined, meaning that Alice (going straight ahead) might be able to get away with doing 50 km/h or 60 km/h.

Relevant parts of Road Traffic Code 2000:

Part 1 — Preliminary
3. Terms and abbreviations used
(1)
speed zone means a length of carriageway defined at its beginning by means of a speed limit sign, and at its end by means of —
(a) a de‑restriction sign or an “end speed limit” sign; or
(b) another speed limit sign; or
(c) an “area speed limit” sign, a “school zone” sign or a “heavy vehicle speed zone” sign; or
(d) a T‑intersection where that carriageway ends;
Part 3 — Speed restrictions
11. Speed limits generally
(2) A person must not drive a vehicle in a built‑up area, at a speed exceeding 50 km/h, except within a speed zone in which a higher speed is permitted.
Points and modified penalty: see regulation 17.


texts: In case a company is flooded by "asymmetric" GDPR-related requests (request via email, preferred answer via postal mail), how should a company react?

texts:
Concerning the individual's right about information about one's data, Art. 12 GDPR ("Transparent information, communication and modalities for the exercise of the rights of the data subject"), (3) says

... Where the data subject makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject.

Now if someone askes a company for his data via email (free) and wants to get the answer via postal mail, the company has some cost (letter, print-out, stamp), which is minor, but becomes huge if

a large number of people perform such requests
someone with bad intentions sends lost of requests via different emails (easy to generate anonymously) and requests postal mail answers to different addresses which are taken e.g. from some phone book. Here it is nearly impossible to prove that the requests are "unfounded or excessive" as described in (5) of Art. 12 GDPR because they look like coming from a lot of different people. Some online tools could easily be abused to create such requests (for sure this is not the intention of such a tool, but the whole question came to my mind when I was playing around with this tool in the link).

Question: In case a company is flooded by such "asymmetric" requests, how should a company react? Start answering via email and ignoring the requester's wish to get postal mail?


texts: What does Gonzales v. Raich mean for property rights?

texts:
In 2002, Angel Raich had her home raided by federal agents who seized her six cannabis plants. At the time, medicinal cannabis was legal in California, so Raich claimed the federal government didn’t have authority to interfere with her six plants- which were obviously for personal consumption, and neither affected interstate nor intrastate commerce.

What authority did Gonzales v. Raich provide to the federal government concerning individual property rights?


texts: What counts as personal data under GDPR?

texts:
As a developer of software intended for use by EU citizens, I am committed to complying with the personal data requirements of the forthcoming legislation (EU Regulation 2016/679).

There is a definiton in Article 4 (1):

  ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

In my opinion, the above definition is pretty wide and the directive texts are quite heavy. I would like to see a definition/list of examples of relevant personal data that software engineers and developers would find usable when developing software intended for use in the EU.

I hope this question is not regarded too wide. I consider it to be a practical problem and hope for great answers.


texts: Are schools required to disclose accurate results of random drug searches?

texts:
I go to a school which has a serious problem with underage vape usage. The police sometimes conducts random drug searches, and after every search, parents are informed via email. Each email has consistently said that the search did not find any illegal substances.

Are public school required to disclose accurate information about the drug searches? Can they lie about the results to make themselves seem better?


texts: Brute force, mass image production copyright trolling?

texts:
Let's say I have an "infinite computer" that could iterate through and generate 1000x1000px images iterating through all colour combinations (I understand there would be waaaaaay too much data, but let's suppose). Then I go and claim these images as things I've created, and therefore make copyright claims on any image less than 1000x1000px because it's part of one of my images (ostensibly I could make claims against bigger images too, because they likely resemble some image in my library). I even go as far as to write a program to search my database for the images which I've produced which are being "copied" by the offender.
How might a case be made against me?


texts: Can I use my own Open Source code in commercial software I'm writing?

texts:
If I release some code that I wrote myself with an Open Source license (a WordPress plugin with the GPL2 license, https://www.gnu.org/licenses/gpl-2.0.html), can I then use my own code in commercial software?

thanks


texts: How to serve a summons to payment hearing to a debtor?

texts: Must the creditor personally serve the debtor face to face? Is it OK to put the document inside a regular envelope and must the envelope be labelled with anything? Must the creditor say anything to the debtor when serving the document? I understand if the debtor refuses to hold the document you can just drop it in front of them.


texts: Short 1099 gig between FT job and unemployment

texts:
I work for a contracting agency (call it Foo) and there is a team of us at a client's site.  Due to a funding/budget issue, the client has to let us all go by the end of the month, we just found out about it today.  My boss wants me to stay and work a few more days for which they cannot pay my contracting agency (due to some irrelevant logistical issues) but they procured another "vendor" (call it Bar) who the client can pay and they can cut me a paycheck for those few days.  I would be strictly 1099 with "Bar", so they wouldn't be paying me any benefits, just my hourly rate times the number of hours.  I was a FT W-2 employee with "Foo" and they were paying my benefits, including unemployment.

I plan to file for unemployment once I finish the three day mini gig extension.  However, I am confused as to what I should tell my unemployment office what my last day was and who my employer was. I had to deal with them once before in the past with a similarly unusual case scenario and the weirdness of the case postponed my request processing while I was strapped for cash (but was eventually approved) so I am hesitant to present anything but a clean cut scenario out of a fear of the same thing happening (they don't know how to process my request).  Should I tell them about the three day gig at all because I am afraid they will take "Bar" as my last employer (even though it's just 1099) or should I skip it altogether? The employment commission will not know about it because it is just 1099, almost as though you paid a contractor to paint your house.  At the same time, I would like to do it legally and not break any law.

The ideal scenario is if I could tell them:  My last employer was "Foo" where I finished at time T0 but I earned income in T1-T3 through an undisclosed source and I do not wish to claim unemployment on those days.  At the same time I do not want you to consider "Bar" as my last employer. So the complication comes in the form of a discrepancy between when my employment with the proper company ("Foo") ended and when my last day of work is (three days after the "Foo" job ended).  How do I account for that transition period for the purposes of unemployment?


texts: Can I use audio containing Canadian ATC/broadcast radio transmissions in a YouTube video?

texts:
This question was originally posted here, without consensus

I often record my flight training without audio and post some of it to YouTube. I would like to add in audio recording of what I hear and say over the radio as well, but my ground school suggested that it was illegal to make radio transmissions public. On the other hand, I see youtube videos all the time that do include ATC voice traffic.

Can someone clarify for me if it is permissible to record and make public radio transmissions recorded during my own flights?

If it makes any difference, my videos are not/will not be monetized and and my flight training takes place in Canada.

The relevant law states:

Radio operators and all persons who become acquainted with radiocommunications are bound to preserve the privacy of those communications. In accordance with subsection 9(2) of the Radiocommunication Act, no person shall divulge the contents, or the existence, of communications transmitted, received or intercepted by a radio station, except as permitted by the addressee of the message or his/her accredited agent, or to authorized officials of the Government of Canada, officers of the court or an operator of a telecommunications system as is necessary to forward or deliver the communication. These restrictions do not apply to a message of distress, urgency, safety or to messages addressed to “ALL STATIONS” (i.e. weather reports, storm warnings, etc.). As outlined in section 9.1 of the Act, any person who violates the privacy of communications is liable, on summary conviction, in the case of an individual, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding one year, or to both, or, in the case of a person other than an individual, on summary conviction, to a fine not exceeding seventy-five thousand dollars. https://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf01397.html

A few more considerations:

It sounds like I am allowed to disclose communications for which I am the addressee. However, it will certainly occur that my recording will include interactions between ATC and other pilots, for which I am not.
LiveATC has channels that regularly broadcast a subset of ATC radio chatter, so these stations are effectively public already. But I do not know if they have special permission to do this.


texts:
Status/Status date:12/19/2014: Continued use not filed within grace period, UN-REVIVABLE

In US does that mean registrant can never register this trademark?

Can another entity register this mark for the same purpose?


texts: Is personal check data PHI if used to pay a covered entity?

texts: Is the information on a personal check such as a name, address and phone number considered personally identifiable health information or PHI if paid to a covered entity?


texts: I'm asking in general and also specifically in the example I'm going to show. In my country, international treaties have constitutional level since 1994, which means a violation of an international treaty is a violation of the constitution. For example, Argentina signed the declaration of human rights, so if a law violates a human right here, it's violating the constitution. How is this in United States? Does violating an international treaty have any legal consequence in United States?


texts: Are there legal barriers to academic departments in the US choosing to act themselves in cases of sexual harassment or related incidents?

texts:
My understanding of Title IX is that it is a federal law that requires, among other organizations, universities, to ensure that women are not denied equal opportunities.

In order to ensure compliance with this law, universities create their own policies that they believe tackle relevant misconduct like sexual harassment, stalking, and other related behaviors. However the Title IX office of a university does not attempt to tackle behaviors that fall outside of ensuring compliance with the federal law.

Usually, faculty and staff are required to report or consult with the Title IX office if they become aware of misconduct. However, there is also a belief I have encountered that legally, academic personnel must then "back off" and completely withdraw from any conversations, actions, or other matters that relate to the issue and allow the Title IX office alone to handle it.

Is there any form of legal concern for an academic department, or faculty/staff, acting on this information further? For example, can a department chair enact sanctions on a perpetrator? Can faculty confront the perpetrator and demand their behavior cease? Can it even be discussed without legal ramifications?

Note that I am not asking about university policies on this kind of further action, but what the law and legal concerns would be. I will ask a similar question about policies on Academia Stack Exchange.


texts:
Like all other guys, I have my own collections of CDs, all legal, from official distributors, paid by money, and all belong to me.

I keep them in my room together with my computer. I have ripped some of them, stored them in the laptop my company gave me. I have burned some copies of them and put them in my car. I have burned some other copies and put them in my parents house, just for myself.

Today I suddenly start to think -- which copies are legal and which copies are not? Especially for those copies that in my parents house.

I live in California.


texts: Why is pachinko exempt from Japan's gambling laws?

texts:
Wikipedia states that

  [Pachinko] is officially not considered gambling because Japanese laws regard pachinko as an exception to the criminal code on gambling for historical, monetary, and cultural reasons.

My questions are these:

Is there an official, legal exception for pachinko written in the Japanese criminal code?

And if there is not, is it simply that Japanese law enforcement agencies simply choose to turn a blind eye to pachinko? Or are there good legal arguments for why pachinko is different from other forms of gambling?

Supposedly one way pachinko gets around the law is that you exchange your tokens for cash at a booth that is nominally separate from the parlour. But I believe  that if you tried to start a, say, mahjong parlour using this same trick, the Japanese authorities would crack down on you. So clearly this loophole is not the only thing that keeps pachinko alive in Japan.


texts: China has been constructing man-made islands strategically placed on the perimeters of their so called nine-dash line. The question is, can China invoke the archipelagic doctrine to strengthen their claim for these territories?


texts: Can one turn down a settlement offer if it's for more than the amount being claimed?

texts:
Suppose Joe is suing Acme Corp for $1000 over damages to his property.
After some time, Acme Corp offers a settlement to Joe for $1500, on condition he signs a non-disclosure agreement.

Is Joe allowed to refuse this offer and go to court anyway?

I wonder if this is legal since it may seem as though Joe is not interested in the actual amount but simply is interested in the fight and/or defaming the corporation.


texts: How understood must an employee's firing be in order to be effective?

texts:
I used to work as a contractor for a construction company, when one day, a manager brought me over and casually said "I'm letting you go."  So I checked out early because I had asked to go home early that day.

I come back the next 3 days and work, business as usually, when on the third day the same manager appeared and became irate with me still being on the field.  I had apparently been dismissed when he said "let go" and refused to pay me for the time I had worked already.

I had threatened legal action and he eventually surrendered what he owed me, but now I am wondering how it might've played out had he not.

My question here is, how clear must an employer's language be before an employee's dismissal is effective?


texts:
I would like to send a letter to a childhood friend who has ended up in prison. He is turning 30 in a few days. His sentence is 18 years and he's served about 3, I think.

I have discussed this with others and have been warned about being put on government lists of "known associates." I don't know any specifics but I'm pretty sure he was in some sort of gang or at least was associated with felons.

In any case, is there a way, legally, that I can go about this to keep my name/address safe from gangs/big brother? I was thinking perhaps going through a lawyer but I know they read the mail so I doubt they would give him mail from someone who hasn't stated their name. My other thought was perhaps seeing if there is some sort of sponsor program or something where my intentions are stated before hand (to be a positive influence) so I don't get on watch lists.

Any advice is appreciated.


texts: I am working with a colleague to create a game. We agreed to split profits 50/50. Would creating a contract promising 50% be legal?

texts:
The game will be owned under an LLC I created to protect ourselves from copy right. The reason I own the LLC is because I did the entire website and I plan to do more content without him as well. My colleague is not a member of the LLC.

Could I create a contract promising him 50% of profits from the game? The contract would be created by the LLC.

We both agree to do this as well. I just don't want to get bitten in case there is some sort of wage law I don't know about. This is in Arizona.


texts: Is a book formatting subject to copyright laws?

texts:
I'm an IT professional who happens to be interested in EU law.

Currently and for the next about 2 years I am tasked with writing a rather lengthy document (estimations are about 1000 to 1,200 A4 pages). It is not intended that this work will ever be for sale (but who knows), however, it might end up in the Web, as public domain.

I've set up this document's formatting with borrowing several ideas from a book (which happens to be my favorite book on my law hobby [1]).

Question: I have no problems whatsoever with properly crediting my borrowings, but:

Are the layout characteristics of a book copyrightable? Can anybody hold a right on the idea of making heading numbers blue, putting top-level headings in a shaded box etc.? (Especially considering EU law.)

[1] Craig, P. and De Burca, G.; EU Law. 2015. Sixth Edition. Oxford University Press.


texts: Can one "possess" something without receiving or producing it?

texts:
According to Wikipedia, concerning the legal status of fictional pornography depicting minors in the US link here:

The mere possession of said images is not a violation of the law unless it can be proven that they were transmitted through a common carrier, such as the mail or the internet, transported across state lines, or of an amount that showed intent to distribute.

The phrasing is extremely confusing. How can something be legally possessed without it having been received by way of something like the internet (viewing an image on a webpage) or mail or without it being produced by the offender? Is the only legal recourse if the obscene material materializes in the offender's hand? Maybe if it's transmitted from out of country? To me, it sounds like being in possession of such material is, in effect, illegal in the US because it had to have been either received from the internet via looking at a website that displays the image, or it had to have been produced by the offender, both of which describe receiving or producing, which is illegal.
If this implies that viewing something like lolicon is illegal in the United States, how are websites like 4chan allowed to permit that sort of content?


texts: Is criminal prosecution up to the police/state or can an individual push it?

texts:
What can an individual do to get someone prosecuted (apart from reporting the matter to the police and giving testimony)? What if the police is reluctant to give traction?

If this question is too general, let's scope it down to intentional damage to property in New Zealand (up to 7 years, S269(2)(a) Crimes Act 1961) and/or reckless ill-treatment of animals (up to 3 years, S28A Animal Welfare Act 1999).

Important thing to note that the individual wishing to prosecute is not the owner of the damaged property, therefore civil claim probably cannot work here.

Use-case scenario

There is a domestic animal owned by A, living on B's property and wandering in the neighbourhood;
B loves/feeds the animal, so does his neighbour C and many other neighbours except for D;
One day the animal enjoys sunshine at D's property which is a huge empty paddock — quite far away from D's house but very close to B's and C's;
D arrives in his car bringing over his hunting dog to where the animal is;
The dog starts pursuing the animal (still on D's property) and, just as the animal runs on the street, kills it there;
D leaves the animal dead, gets his dog back in the car and drives away;
B and C, frustrated by what happened and grieving for the animal, want to prosecute D. The actual owner (A) does not care.


texts: Is it legal for stores to discrimate against customers based on uniform?

texts: I am a legal-aged student in my country (Australia, so I am 18,) after school I enter a liquor store with the intention to purchase. I am stopped at the door and told that I will not be allowed to purchase because I am in school uniform. There is no signage to indicate that you mustn’t be in school uniform and (as far as I know, based on what I’ve looked up) it is not illegal to serve students in school uniform as long as they are 18. This store has no other dress code and the workers even attempted to tell me that it was illegal to sell to students in school uniform. Is this policy legal, are stores legally allowed to refuse me service based on what I’m dressed in even though there is no signage to say that?


texts: Profit from a celebrity domain name if I have the same name?

texts:
Here is my situation.

I have a fairly unique first/last name in the States but it is common
in another country. I live in the States.
I own a .com, which is my full name. It is an empty page right now.
I own a second website where I sell stuff via affiliate marketing.

There is an up-and-coming celebrity from another country with my exact name. Therefore, my name's domain gets ~2K hits per month.

Is there a legal issue if I forward all traffic from my name's domain to my selling stuff website?


texts:
I recently got suckered into signing a lease on a room. I thought the place looked OK when I checked it out, and it was in a good area. The rent is $1,000/month and I put down a $100 deposit.

The room is in an in-law unit below a house. The unit does not have a kitchen sink or a stove, so I can only prepare food with a microwave and have to wash my dishes in the bathroom sink. I'm ok with this, but there is a slew of other issues.

The entire unit is infested with fleas and they have been eating me alive since I moved in. I had to spend about $30 on flea spray a couple days ago just to treat my room, clothes and bedding.

The landlord also has rules posted up saying "no loud noise after 10 pm or before 10 am" but she does not follow these rules herself. Her dogs bark and claw at my ceiling all night.

Last night, the landlord was out of town and left her daughter to watch the house. Her daughter had a friend over and they were talking and laughing loudly until around 10:30 PM.

They apparently left to go to some party and left her dogs alone in the house. The dogs then proceeded to bark and howl repeatedly until around 1:00 AM.

I sent the landlord a text message at 12:14 AM asking her to do something about the dogs, which is when she replied informing me she was not home, that her daughter should be home and that she'd call her. She texted me back again shortly saying she left her daughter a voicemail.

The dogs finally calmed down around 1 AM. I actually fell asleep at this point, but then that sleep was short lived. At around 2 AM, her daughter returned home. She came into the home shouting and laughing loudly (not sure if she was with her friend or on the phone) and the dogs erupted into barking once again.

This woke me up. The shouting, giggling and barking continued until around 2:30 AM. I didn't get back to sleep until around 3:00 AM.

Then, this morning, as I was trying to catch up on all of the hours of sleep I lost this past week from ongoing noise issues with the landlords dogs and her noisy family, I got woken up again by the sound of her dogs barking and clawing/pounding around the hardwood floor upstairs. It literally sounds like someone dumping a bag of bricks on the floor repeatedly.

I haven't been able to get any sleep since I moved here, even on the weekends. During the weekdays, I have to get up early for work and I'm finding myself dozing off at my desk at the office because of all the sleep I've lost. I'm also scratching myself non stop from all the flea bites, and its very embarrassing in front of my co-workers.

My back is covered in bites and I suspect I may have to go see a dermatologist and get some sort of treatment to prevent scarring. The bites are REALLY bad, swollen and scabbed over from being scratched.

I lived above a comedy club in one of the busiest neighborhoods in San Francisco a few years ago, and I got more sleep there than I did in this horrible room. This place is located in what is supposed to be a quiet bay area suburb, and yet its the noisiest place I've ever lived.

On top of that all the doors and windows are not properly installed. They do not open/close properly and I cannot lock my window shut.

I was able to find another studio apartment for $1,495 a month and she is willing to let me terminate my lease early. I have only been living here for a little over a week and asked if she would be willing to pro-rate my rent so that I pay only for the days I stayed, but she wants to keep the full $1,000 that I paid her. She said she would only pay me back the $100 deposit.

The place is frankly an overpriced, flea infested dump and I haven't been able to get more than 3 or 4 hours of sleep per night since I moved in. Is there anything I can do besides just move or am I SOL?

I would like to see if theres a way I can get some of the rent money I paid her back as I am pretty certain some of these are blatant code violations. This is in California, btw.

Update: To answer phoog's question, the room is in Alameda


texts: Can my landlord (who recently bought the property) change the terms of breaking a month to month lease?

texts:
I rented an apartment in 2015 off Craigslist.  The guy who owned it was generally friendly, and when we discussed what would happen after the lease ends he said it would go month to month and I'd need to give him 60 days notice when I was ready to move out.  The building was recently bought by a company.  I have not signed anything with that company, and they have owned the building for about 3 months.

I told them today (August 2nd) that I intended to vacate at the end of 60 days.  They told me that since I told them in August (not July 31st) I would be required to pay rent for September and October instead of just 60 days.

Here is what the lease says:

  Holdover by Lessee.  Should Lessee remain in possession of the demised premises with the consent of the Lessor after the natural expiration of this lease, a new month-to-month tenancy shall be created between Lessor and Lessee, which shall be subject to all the terms and conditions hereof but shall be terminated on 58 days' or two rental periods, written notice served by either Lessor or Lessee on the other party.

What does the 58 days' or two rental periods mean?  Do I get to choose?  Do they get to choose?  Can I terminate my September 30th (58 or 59 days) and avoid paying for rent in October assuming I served written notice to them tomorrow?

Why would it say "58 days or two rentals periods"?

To make things more confusing, there is this statute in Minnesota:

(Emphasis mine)
504B.145 RESTRICTION ON AUTOMATIC RENEWALS OF LEASES.

  Notwithstanding the provisions of any residential lease, in order to enforce any automatic renewal clause of a lease of an original term of two months or more which states, in effect, that the term shall be deemed renewed for a specified additional period of time of two months or more unless the tenant gives notice to the landlord of an intention to quit the premises at the expiration of the term due to expire, the landlord must give notice to the tenant as provided in this section. The notice must be in writing and direct the tenant's attention to the automatic renewal provision of the lease. The notice must be served personally or mailed by certified mail at least 15 days, but not more than 30 days prior to the time that the tenant is required to furnish notice of an intention to quit.

I didn't understand the lease completely, now I'm even more confused by the Minnesota Statute


texts: Do countries that are not in the Berne Convention enjoy the benefits it provides?

texts:
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886.
Although widely recognized around the world, there are still some countries that are not signatories to the Berne Convention. For example: Palestine, Somalia, Iran, Iraq, etc.
What would happen if an Iranian artist or designer had their work plagiarized by an American company? Would the individual still be protected under the Berne Convention? What if the individual later immigrates to a different country that DOES PARTICIPATE in the convention?


texts: Why don't licensing requirements, for retailers of fireworks, restrict the EU Freedom to Provide Services?

texts:
Here are the facts of a hypothetical case.

A is an Austrian wholesaler that imports and distributes party
fireworks to retailers. A set up stalls in several Christmas markets in Ireland
where A sells its products directly to consumers. In a raid in November 2018, the Irish police seized all A’s products, shut down its stalls, and arrested A’s staff selling its products.

In January 2019, A was prosecuted under sections 1-3 of the fictitious Pyrotechnics Act. s 1 requires retailers of pyrotechnic products to possess a licence, but A did not possess one. s 2 requires all fireworks to be stored in government-approved storage facilities, but A stored fireworks in a rented barn which the government never approved. s 3 prohibits individual customers from buying more than one firework at a time, and the police video-recorded A selling multiple fireworks to the same customer.

How can EU law assist A’s defence?

I noted what my law teacher said — s 1 doesn't restrict the EU Freedom to Provide Services. But she didn't explain. Why not?


texts: Canary Wharf - privately owned public space - is it possible to be banned from entering the area?

texts:
Canary Wharf in London is a privately owned public space.

So far I have been found guilty of walking on a grass and jumping on a stone wall (part of a workout routine).

I'm concerned that sooner or later my attitude don't give a f•••ism will get me banned from the area. I don't the current abilities of the mass surveillance but I could potentially circumvent that with baseball cap and pollution mask.

Jokes aside:

do they - http://group.canarywharf.com/about-us/ - have authority over a sovereign man?
what if it is their private land?
what if it is a public space on their private land?
what exactly their private security is entitled to do?

Below attaching screenshot from Google search - some people get frustrated. Before I cross the line I would like to know exactly what my options are.


texts: Who has the right of way at an intersection next to a parking lot in Canada?

texts:
Suppose you pull up to an intersection and you want to make a turn, but there's a parking lot next to you that feeds out onto the same street you're trying to turn onto, or you're trying to pull out of a parking lot that is beside another that feeds onto the same street. Basically, if you have two cars that are pretty much side by side, who has the right of way? Who gets to go first?

Who has the right of way?


texts: Is it legal under international law to distribute passports among citizens of another country?

texts:
In the last few days Russian president Vladimir Putin has been publicly considering offering fast-track passports to Ukrainian citizens. Some sources quote concerns that the Russian government could eventually use these newly acquired citizens as a reason for military intervention. Since this problem may have occured before in history, my question is as follows:

Is it legal unter international law to distribute passports among citizens of another country?

If it is not, are there restrictions as to who is eligible for passports?


texts: In English civil trial practice when does a barrister become involved?

texts:
In U.S. civil trial practice, the same legal professional, an attorney, or firm of legal professionals, usually handles a case from first client contact through trial and often appeals (if any) as well.

But, in English law, the roles of attorneys in the U.S. are filled by more than one kind of legal professional and there is a distinction between barristers, who are legal professionals who mostly handle trial practice, and solicitors, who are legal professionals who do other kinds of legal work. I am generally familiar with the routes by which one enters each profession.

It isn't clear to me, however, how the lines are drawn between the two professions in the context of civil litigation.

For example, suppose that you have a medium sized business (e.g. 100 employees and several business locations with no in house counsel) with a regular outside solicitor or firm of solicitors that it employs.

Suppose that business gets into a serious business dispute with another business, e.g. a joint venture gone bad with related accounting and trademark issues involving hundreds of thousands to million of pounds in controversy economically. (The example is from a case I handled in the U.S. allowing me to compare it, but any serious civil dispute could do. I limit the question to serious civil disputes because I understand that solicitors can handle civil litigation in some minor civil litigation.)

At what point in time is there a transition from a solicitor to a barrister?

When would a client start with a barrister in the first place?

What kind of legal professional (barrister or solicitor) would represent a client in an arbitration or mediation proceeding in which no court case has been opened?

Would a medium sized business in the example above that gets into lawsuits once every year or two typically have a regular barrister (or firm of barristers) that they would use, or would this choice usually be made on a case by case basis?

Also, please feel to correct any of my assumptions if they are incorrect.


texts: Is it illegal for me to take my mail out of my neighbors mailbox

texts: I ordered a package from Amazon and I was really happy about it. When I saw that my package hadn’t been delivered I was a bit upset, I called their customer service and the usps and found out that it was delivered to my neighbors who are not home.  Should get it or not?  Should I leave proof that I am the owner of that mail?


texts: GDPR and CDN (content delivery networks)

texts:
I have a website hosted in a European server. The website is static (serverless) so I can take advantage of a CDN to serve its whole content.

A CDN is, basically, a distributed network of servers. That means that a copy of my website would be hosted on several servers around the world. User requests are (ideally) directed to the server which is closest to the user. By doing so, a CDN improves the performance of the site.

How is this relevant concerning the GDPR?

By using a CDN I'm adding to the system a new third-party that will collect the IP and other metadata from my users. Obviously I can't get consent from the user beforehand: when they hit the server it is already too late.
Probably, users will get routed to a server close to them, but this is not guaranteed. I don't know to which server they are going to connect. I don't even know the country. It could be that a German user end up sending his IP, browser footprint, etc. to a server in Japan (unlikely but possible). Because I don't know it, I can't inform the user about it.

My assumptions are:

Without CDN, the hosting provider would collect that same data so I don't think there is a relevant difference. I just need to inform my users in the privacy policy which CDN provider I use and that it collects personal data on the basis of legitimate interests (Art.6(1)(f)), as I do with the hosting provider.
Because there is a potential transfer of personal data out of the EU, I must ensure that the DPA that I sign with the CDN provider includes the SCC. Also, I must inform the users about this possible data transfer in my privacy policy.

Are my assumptions correct?

Is there, in the frame of the GDPR, any other aspect to take in consideration when using a CDN?


texts:
It's against the law to lie to a lawyer, isn't it?

This will vary by state, but I understand that almost any attorney admitted to practice in at least one court (that would be most attorneys by far) is an officer of that court. If a particular lie is perjury (thus a violation of law, which defines perjury differently in some different jurisdictions) when uttered to the government, then uttering that lie to an attorney who is an officer of a court of the same government is perjury. This would not be limited to attorneys acting for a government such as prosecutors or private attorneys general. It would not matter whether the lawyer is representing the person who thus lied, under consideration to provide representation, or neither. It probably would not matter whether the lie is being told in the jurisdiction where the lawyer is an officer of a court, the lawyer was admitted pro hac vice, i.e., for purposes limited to one case, the lawyer does not have an active practice, the lawyer only advises other lawyers and does not represent anyone (such as by performing legal research without a confidentiality privilege), the lawyer is retired (but not diisbarred), the lie involves fraud, or the lawyer tells anyone else the content of the statement that is a lie without the lawyer personally intending to lie (as in "my client said . . ."). It probably matters whether the person who is lying knew or should have known that the person to be lied to is an attorney admitted to practice somewhere, or at least is an attorney.

I don't think it's possible to distinguish between lying to the government and lying to an individual who is part of that government, because there is no other way to lie to the government. Even if the lie were told in a letter addressed only to "Government, State of . . ., [capital city, state, and Zip code]" and a machine opened the letter, scanned it into a computer, and used artificial intelligence to parse it with the AI having been written as free open-source software by a nongovernment programmer, if a human being on behalf of the government acts on the letter (including by deciding not to act on it), the lie is to a human who programmed the parsing system and/or to a human who acted on the parsed letter.

Unless there's a law specifically exempting the liar from liability (criminal and civil) when lying to a lawyer (and it would be interesting to theorize about the rationale for such a law), how is it not illegal (unlawful) to lie to a lawyer under the above circumstances?

I have no case involving this possibility. I'm thinking of writing about this, and I've seen various discussions that it's not illegal except for fraud (fraud has at least one additional element that makes it harder to prove than perjury), but none of the discussions I saw cited a source in the law. On the other hand, while I don't follow developments in the law with a practicing lawyer's diligence, I haven't heard of, say, a case against a client for having lied to their lawyer (viz., "I didn't go to the bank" while confessing to the police about robbing it in person without recanting the confession), and I imagine a few lawyers would gladly sue people for perjury to them. On the other hand, and this is just my speculation, maybe most lawyers don't think there's much of a problem and that letting the courts decide would create more problems than it's worth.


texts: Is This Exclusion Clause In breach of UCTA 1977

texts:
Just checking the terms and conditions of one of my suppliers terms and conditions and noticed this clause (as made bold). Does anyone know whether this is in breach of the Unfair Contract Terms Act 1977.

  GENERAL. In these conditions "You" or "Your" means
  any person(s), firm or company that purchases goods
  from us. All business is accepted by the Company only
  upon and subject to the following Terms & Conditions
  of Sales to the exclusion of all other terms (including
  any terms You purport to apply under any purchase
  order, confirmation of order, specification or other
  document). No alterations to these terms shall be
  accepted unless confirmed in writing by the Company.
  Your order shall not be binding on the Company unless
  accepted by the Company in writing.

I read somewhere that also because it doesn't explicitly say "conditions" after "terms" that it voids this exclusion clause.


texts: Left Job with all acounts, etc. with personal email

texts:
I have worked at a startup company for the past year, and I have decided to leave the company after a rough end.  The company was basically falling apart, everyone was fighting with each other and the boss and I did not get along.  After I left I realize that I am an admin for all of their online stuff.  I am the only one with access to their website, access to their google business page, etc.

It's all connected to my personal email,  and I want to get rid of it.  They have not contacted me about any of it, and its been over 1 month.  I am just getting tired of seeing all their info every time I look at my personal email etc.

Can I just delete everything?  Since i am the admin i can't really just leave and let it stay up, I can delete it or keep it up.

Could this be breaking the law in any sorts or anything?

p.s The boss never gave us business email, so we had to use our personal emails most of the time.  I never thought it would end like this either, so I didn't mind using my own email.

Thanks.


texts: Can a lawyer compel a witness to read something aloud in court?

texts:
Often on shows like Law and Order, a lawyer might ask someone on the stand to read something aloud. An example might be an academic putting forward one opinion, being asked to read an excerpt from a journal article they authored 20 years prior that contradicts what they are currently saying (this happened in one episode).

Could the person on the stand refuse? Surely the lawyer can read it themselves or show the text on a projector to the court, and having the person read the text out loud might influence the jury and affect the outcome in a negative way for the person on trial.

Is this just TV drama, or is there a legal basis?


texts:
Hypothetically: What happens to a minor who gets into a traffic accident during driver's training?

Clearly her fault.  Driving the instructor's car with him sitting right by her.  Ideally he would stop her with his set of brakes but that doesn't happen.  Everything gets written up by the police and she has a ticket.  In Michigan if that matters.

Can she get points on her driver's license before having a driver's license?


texts: Can a Muslim widow claim from her late father-in-law's estate when her husband dies before him?

texts:
Does a Muslim widow (with one daughter) have a valid claim to her husband’s father's property (30 acres of agricultural land in India) in cases where her husband dies first, then her father-in-law dies?
The property was in her father-in-law's name (there is no wasiyat and will) but following his death it is now registered to his two surviving sons (ie her husband's brothers) who have told her that "you and your daughter will not get any property according to Islamic law in India" and "the Islamic scholars told you and your daughter have no rights to claims the property."
On what basis can they say this is according to Islamic law?  The widow is 84 years old and has spent her life in this family until now.
Should the widow and her daughter seek legal advice?


texts: Can I legally digitalise a house design?

texts: I want to use modelling software to create some buildings. I've found a building that I like on Google. Would re-creating the design of the building be illegal?


texts: GNU application in work other than software

texts:
As we know, GPL is intended especially for software products, but it may be used for any work if the creator thinks it is OK.

If the original work and a modified work are both software, I see no problem as far as my question is concerned.

If the original work is a software, but the derivative work is not a software, there arises a problem in some cases, especially if the derivative work does not have a source code.

I will try to explain this by an example:
   - A video game is licensed under GPL v3.
   - Someone prepares a derivative work of this video game by using the story of the game, and makes a feature film, or writes a novel.

How will the GPL apply to the derivative work in this case? Of course, contacting the original creator and obtaining permission to do such a derivative work is the reasonable method, but this may not be possible at all situations.


texts: How many felonies does Santa Claus commit?

texts:
According to legend, Santa Claus engages in certain behavior every Christmas eve.

How many felonies does he commit?

He sees you when you're sleeping ... Peeping Tom
He knows when you're awake ... Stalking
He comes down your chimney ... Breaking and Entering
He knows if you've been bad or good

Invasion of privacy
Harassment

He operates a factory

Kyoto Protocols?
Clean Air Regulations?
Operating a business without a license

He makes toys

Trademark infringement
Patent infringement

He makes books and music

Copyright infringement

He makes elves work for him for no pay ... Labor law violations
He operates a flying sleigh:

Numerous FAA regulations violations
Numerous breeches of sovereign airspace

When the sleigh is on the ground:

Speeding
Lack of proper licenses, insurance and registration

He transports valuable cargo internationally:

Crossing international borders without a passport
Tariff evasion

He doesn't file tax returns

Failure to pay gift taxes
Failure to file a tax return
Tax evasion

This is just a partial list.

Jurisdiction: Worldwide


texts: Is it legal to alter and resell a product under its original name?

texts:
I recently picked up a little business on the side, and I am thinking of bringing it a step further by approaching a store that can sell the product for me, which got me thinking about the legality of what I am doing.
I am buying large reels of 35mm motion picture film, and respool them by hand into single film canisters which I then sell to photographers. If you are familiar with them, this is what Cinestill does too, albeit at a much larger scale.
I don't not sell the product under another brand, but I explicitly name to original product name on the canisters:
"Hand rolled Kodak 5222 motion picture film"
All other text is descriptive of the product. I have attached the sticker that goes on each roll.
In short, I simply cut up long rolls into smaller rolls and resell under the original product name, but not as Kodak. Is this legal?
I am based in the Netherlands.


texts: How long must a landlord give notice when a tenant got a pet without permission?

texts: I heard this story and found it interesting. A tenant got a dog. The landlord found out and gave the tenants 10 days to move out. Is this legal? From the relevant legislation it says it is possible for leases to expresily prohibit pets. Assuming the lease does not expresiley prohibit or allow pets, can a landlord terminate tenancy because the tenant has a pet? If yes, what is the amount of time required to allow the tenants to move out? If the tenant remedies the issue (e.g. finds another home for the pet) can the landlord still terminate tenancy?


texts: Licensing of source code that is meant to be used with incompatibly licensed library

texts:
Suppose there exists a software library libfoo distributed under the terms of a hypothetical license we will here call The Foo License (TFL). The terms of TFL are identical to those of the 3-clause BSD license, but with one extra condition tacked on:

No one by the name of Bob may use this software.

Suppose now that I write a piece of software, let's call it bar, that uses libfoo. None of libfoo's code is copied into bar's source code, but when bar is compiled and linked, it also compiles pieces of libfoo and links these into the bar binary.
I am well aware that I cannot distribute the compiled bar binary under for example the GPLv3, because the 4th clause of TFL (which applies to the libfoo code present in the bar binary) is incompatible with the GPL. But: Can I distribute the source code for bar under the GPLv3?


texts: Do you have to pay tax on money received after a friend/family repays money you lent them?

texts:
So if I lend a friend/family like 5k$, do I have to pay tax on that money when my friend/family pays it back to me?
A more concrete example: my brother in the USA would send us let's say 5k$ for some stuff. He's in the USA and we're in another country (Romania). After we send the 5k$ back, will he have to pay tax back on it?
We're talking about bank to bank transactions.


texts: UAE now banning Virtual Private Network (VPN) access. Are business travelers exempt?

texts:
According to a few news articles, the UAE is passing a new law with heavy penalties for using a Virtual Private Network (VPN).

Another report says:

  Travelers also come under this law and if caught using any VPNs could
  face fines as well as jail time.

The text of the law will be:

  Whoever uses a fraudulent computer network protocol address (IP address) by using a false address or a third-party address by any other means for the purpose of committing a crime or preventing its discovery, shall be punished by temporary imprisonment and a fine of no less than Dh500,000 [£100,000] and not exceeding Dh2,000,000 [£400,000], or either of these two penalties.

Allegedly it's to protect local companies, but also obviously helps penalise those circumventing blocks of say, Whatsapp.

However, many people legitimately need to connect to their company VPNs for work. If you're in the UAE for business reasons, are there ways to get an exemption from this law?


texts: how sensitive data can be shared between companies?

texts:
am in Germany where personal data is a very sensitive issue, now to my case:

am applying over a "service Company A" to work for a huge company ABC, my profile was presented to HR 4 weeks ago, 3 weeks later another "service Company B" is trying to do the same, this second company had a HeadHunter that told me, he has a good connection with the HR of ABC and he knows that am applying over another company too...

he offer me the benefit of getting a job interview first if i tell him that i want to be presented as candidate for the position over his company instead of the other one that was there 3 weeks before...

apart from the fact that this beha. is a totally unfair to the other company that was waiting before it that somehow legal?? can this headhunter use its private connections to somehow benefit its company and clearly affect the "service Company A"??

thanks


texts: Is it illegal to claim an address as your "primary residence" if you don't live there most of the time?

texts:
I currently live and work in NJ. I am single and live with my parents. The apartment we currently live in is small and I want to buy a house, but my state is pretty expensive.

My parents found a nice house in MD but it is about 140 miles away from my office. My plan is to have my parents live in this house and I plan on "living" in both the MD house and my apartment in NJ. I can work from home one day a week, so I will be in MD Friday to Sunday, and in NJ Monday to Thursday.

Now supposing I claim that MD home as my "primary residence" to get the best rates on a mortgage and for taxes, I would change my driving license and voter registration to that state.  Would that be considered "fraud" or "illegal"?

I do live there, just not all the time, maybe 35% of my time.

I can't seem to find any legal defintion of a "primary residence", Wikipedia says "Criteria for a primary residence consist mostly of guidelines rather than hard rules, and residential status is often determined on a case-by-case basis."


texts: What entitlements for paternity leave in a small company in California?

texts:
Many small companies California that have no paternity policy and are less than 50 people?

What paid, or unpaid paternity leave entitlements do employees generally have (under federal and California law)?

Update: (from @dw1's links)

FMLA and CFRA provide job protected leave (but only apply to companies > 50 people, and do no guarantee pay)
SDI and PFL provide income if time off is taken (but do not, I think, require companies to allow time off -- i.e. you can be fired for taking time off).

Are small companies required to allow male employees ANY time off? (other than sickness)


texts:
What happens when two conflicting laws both say "notwithstanding any other provision of law..."?

Notwithstanding any other provision of law, you shall pay me all of your money.

Notwithstanding any other provision of law, you shall pay John all of your money.


texts: What happens if someone does something illegal on a server you host at home?

texts:
Let's say you start up a Gmail-type service and somebody sells drugs with it/distributes child pornography, would SWAT raid my house if bad people used my website?

I'm interested in an answer under the jurisdiction of the USA.


texts: Is it legal (in Europe, Belgium) to publish prices from unaffiliated establishments?

texts: Say I want to publish the pricelist from the store down the road, without their consent, on my own website. Is this legal? If not, what should I do to enable the publishing of other businesses prices?


texts: HOA forcing family to pay for facilities which we are prohibited to use

texts:
A large debt was accrued by our family with our Home Owners Association, which was paid off. However, the HOA still insists that there are additional debts, thus stripping our rights to a community parking permit, and a community pool key. Both of which are services that are provided and maintained with each homeowner’s $500  monthly fee.

Is it unlawful for the HoA to be charging my household for services which we are not allowed to use?


texts:
I watch Caught in Providence sometimes on YouTube (I understand it's also broadcast on TV in the US). I'm from the UK, where generally speaking filming in court is not allowed, and I find the setup somewhat confusing.
I know filming/broadcasting court cases is often allowed in the US (I guess the OJ Simpson trial is a classic example), presumably because there's an argument that they are a public event, which seems reasonable from one perspective. In this particular case, though, it seems like a specific program is being produced by Judge Caprio and colleagues - there are cutaway segments where he and other regular characters talk about / introduce cases, etc. - it's editiorialized in such a way that it seems he is presenting his court as a show.
Isn't there an argument that he personally might profit from this, and this or his reptutation might sway his decisions / cause him to present things in a particular light? How is this allowed by ethics rules that presumably the judge is bound to follow? In effect, it seems like some defendants are being forced to appear on a TV show.
Note I'm not specifically saying that's true of Judge Caprio; in fact, I find the show fascinating, I learn a lot, and I think his general message of compassion is admirable. But one could imagine less ethical judges abusing this ("America's Worst Criminals").
I'm aware of things like Judge Judy, but my understanding is those are not real courts - they are effectively arbitration that both parties have agreed to be presented on TV. Unless the illusion is really good, this does appear to be a real court in Rhode Island.
Edit: For what it's worth - the description on the YouTube page is:

Real people have their cases heard in Providence Municipal Court. The
cases include traffic, parking, and arraignments for criminal
offenses.

Further, from the official website:

Judge Frank Caprio is the Chief Municipal Judge in Providence, Rhode
Island and former Chairman of the Rhode Island Board of Governors. He
was appointed in 1985, and has been re-appointed six times by the
mayor of Providence and the Providence City Council.
All of the cases and people are real. Those who step in front of him
have a little fun with the cameras, but Judge Caprio makes it clear
that he is there to do his job.


texts: Are Asimov's Three Laws of Robotics enshrined in the law of any (inter)national jurisdiction?

texts:
The Three Laws are:

  A robot may not injure a human being or, through inaction, allow a
  human being to come to harm.
  A robot must obey the orders given it by human beings except where such orders would conflict with the First Law.
  A robot must protect its own existence as long as such protection does not conflict with the First or Second Laws.

I know the risk to human beings posed by artificial intelligences is a topic of serious study, of regulations imposed by some funding bodies, and of calls for legislation, but I do not know whether any such legislation has been adopted by a state or group of states.


texts:
I'm a passionate citizen with an idea to stop the ill conceived CA highspeed rail act. I submitted the initiative to the CA Secretary of State but it was rejected because it's not actually a law - it needs to be written as a law. Submission here:
http://casmarthighway.tumblr.com/post/127581066937/official-submission-to-the-ca-attorney-general

OK, I get that. But now I need to make it a law. Does anyone know about how much legal time that would take? How much money I would need to raise from supporters/crowdsource? Would anyone on this site with some expertise in public policy want to help with the project?


texts: Is it legally possible for a foreign PhD student in Sweden to start up a company beside his/her studies?

texts:
I'm a full-time PhD candidate in my 3rd year in Sweden with a doctoral residence permit. I have two solid start-up ideas, one is related to the topic of my PhD studies.
Considering that I'm working as a full-time employee for my university and still don't have permanent residency of Sweden, is it legally possible for me to start up a company together with a few other PhD students (one is native Swedish) and still pursue my doctoral studies?
I'm also aware that my university should approve my "sideline occupation". My question specifically focused on my visa/residency situation (anything related to migrationsverket).


texts: I understand the US portion for applying for a K1 Visa - what about requirements from Russia?

texts:
Suppose an American citizen is engaged to a Russian citizen. The couple would like to be able to live in America together. They do not particularly need to live together in Russia, although the Russian would like to be able to return from time to time to visit family etc.

In order for the Russian to come to the US, the American needs to approve a visa for the Russian to travel to the US, where they have 90 days to get married and the Russian can file for a change of status.

The part I don't understand is, what do we need from Russia?  The Russian is obviously going to have to tell them "hey I'm going to the US to marry a guy, and I will be there indefinitely (though I am planning on coming back to visit family etc.)".

What process do they have to do on the Russian side?


texts: Suspending White House hard pass & preliminary injunction

texts:
Jim Acosta was asked by the Secret Service to surrender a White House hard pass as the result of an altercation in a press event. The White House press secretary explained that it being suspended until further notice and gave a preliminary indication that the reason for this was related to Mr. Acosta's behavior while at the White House.

The lawsuit filed by CNN and Acosta is reported to be on 1st and 5th amendment grounds, and they are seeking a temporary restraining order to force the White House to restore the hard pass it suspended.   1st amendment issues seem obvious, but reference to the 5th amendment seem less so.   I'm guessing that the due process clause of the 5th amendment is involved, the key provision of which consists of:

  No person shall ... be deprived of life, liberty, or property, without due process of law...

It doesn't seem like Acosta has been deprived of life or property.  The concept that a hard pass involves 1st amendment liberties is supported, but it's up to a court to determine what due process is required for suspending an existing press pass.   I'm not sure I see how a temporary restraining order to restore his access immediately is critical.

Q: Does suspension of a privilege few people get justify a temporary restraining order on 5th amendment grounds?

The Sherrill v Knight case some sources compare as precedent seems relevant, but it's important to recognize that Sherrill was never grated the relief he requested of restoring his press pass.  In discovery, it came out that one reason for Sherrill's denial of a press pass was that that Sherrill had been arrested and fined for physical assault.   Acosta aggressive behavior was demonstrated in front of the President, the Secret Service and members of the White House press corps.

In the above case, footnote 23 said:

  We have no occasion to consider what procedures must be employed in the revocation, for security reasons, of an already-issued White House press pass.

As such it seems that while Sherrill is reasonable basis for asserting there is a 1st Amendment Interest involved, it is not clear to me it forms a strong reason to believe the outcome will be to restore his hard pass clearance.

Added Notes

In DC its well known that you don't need a hard pass to cover the White House.   Saying you are making a YouTube videos is apparently enough to get persistent people into briefings repeatedly, but don't expect to sit down or get called on to ask a question.  There are three ways to get in:

the much coveted hard pass, with no explicit expiration date,
a renewable two-year permit,
or a Day Pass which must be applied for each time you want to get in.

Nothing so far says that Acosta has been denied admittance, but what it probably does mean he no longer has line-jumping privilege and probably won't get a front row seat to heckle from.  The first amendment doesn't seem to guarantee anyone a front-row ticket, or even that they get recognized at a press conference, and the relevant freedoms to speak and publish are still subject to reasonable restrictions, e.g. disturbing the peace.


texts: Marijuana Extracts Equivalence to Marijuana Weight

texts: It seems most laws regarding marijuana have varying consequences based on the quantity/weight.  How does this apply to extracts such as THC and CBD oils, edibles, etc? Is it based on the weight of the extracts or the rough equivalent weight of marijuana?


texts: What rights does a minor have when they have a child with a non-minor in New Hampshire?

texts:
Title pretty much says it all, my friend had a kid with a girl at 16 (she was 19), and recently, she up and left him. She's still in the state, and their ages are 17 & 20 respectively now. Looking through state laws regarding how custody works, I can find no mention of dealing with minors, so my question is if minors do have rights to children they had, to begin with.

The primary law I'm looking at to try and help is NH RSA 461-A:6, some pertinent text from the law is as follows:

  I. In determining parental rights and responsibilities, the court shall be guided by the best interests of the child, and shall consider the following factors:
  (a) The relationship of the child with each parent and the ability of each parent to provide the child with nurture, love, affection, and guidance.
  (b) The ability of each parent to assure that the child receives adequate food, clothing, shelter, medical care, and a safe environment.
  (c) The child's developmental needs and the ability of each parent to meet them, both in the present and in the future.
  (d) The quality of the child's adjustment to the child's school and community and the potential effect of any change.
  (e) The ability and disposition of each parent to foster a positive relationship and frequent and continuing physical, written, and telephonic contact with the other parent, including whether contact is likely to result in harm to the child or to a parent.
  (f) The support of each parent for the child's contact with the other parent as shown by allowing and promoting such contact, including whether contact is likely to result in harm to the child or to a parent.
  (g) The support of each parent for the child's relationship with the other parent, including whether contact is likely to result in harm to the child or to a parent.
  (h) The relationship of the child with any other person who may significantly affect the child.
  (i) The ability of the parents to communicate, cooperate with each other, and make joint decisions concerning the children, including whether contact is likely to result in harm to the child or to a parent.
  (j) Any evidence of abuse, as defined in RSA 173-B:1, I or RSA 169-C:3, II, and the impact of the abuse on the child and on the relationship between the child and the abusing parent.
  (k) If a parent is incarcerated, the reason for and the length of the incarceration, and any unique issues that arise as a result of incarceration.
  (l) The policy of the state regarding the determination of parental rights and responsibilities described in RSA 461-A:2.
  (m) Any other additional factors the court deems relevant.

I have been unable to find in this law or others how the situation is dealt with if one of the parents is a minor, but my friend mentioned that they had been court ordered for mediation, so I would assume they at least treat a minor somewhat like a non-minor in this circumstance. Any further information would be much appreciated.


texts: Would I have an IP case against Google and Nintendo (hypothetically)

texts:
Back in early college I wanted to toy with my location based app development skills. I created a Windows Phone game where Pokemon were scattered across a real world map in your area and you could walk/drive around and if you got close enough to said Pokemon you could catch it. Now of course I couldn't publish or do anything with the app as I didn't have the rights to Pokemon.

A few years later Google released essentially the same thing (better written of course) and it was a big hit. Now of course Pokemon Go was just released and is a worldwide sensation already, again doing essentially the same thing just much better.

Now again I know I have no rights to Pokemon but I was wondering, if I had tried and succeeded to patent something more general for my game back then such as "Geolocation based monster catching app for the phone using real world maps" insert lawyer talk, would I have some sort of IP case/royalties from these new games? Or would their specificity of owning Pokemon override my idea.


texts: How is handpicked.org able to republish and link other people's images? (UK)

texts:
I'm curious about this UK site - handpicked.org - which republishes images from from social media accounts and other online sources. The pics are linked to the source, but don't carry a full attribution - just an icon and name to indicate where they came from. In some cases images are taken from other publishers like BuzzFeed. Some of the images even have copyright watermarks showing they came from a picture agency.

The site isn't reproducing the pics for review, or research, but apparently for commercial purposes. The main website doesn't carry advertising, though ads are visible when you view it in the web view of the Facebook mobile app. In the back end, images are taken from the source's URL, resized and re-served from the site's own server. They seem to republish most or all of the original image.

Is there any justification for this in law? As far as I know, images published on social media remain the property of the person who posted them - you can't use them without permission. The lack of attribution suggests to me they're doing it without getting consent from the source.


texts: What does "support" mean, in oaths of office in the U.S.A.?

texts:
The third paragraph of Article VI of the Constitution of the United States includes this:

  The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution;

I would guess that "support" does not forbid them to express disagreement with something in the Constitution or to propose that something in it be amended.

I would also guess that it does mean they acknowledge that whatever power and authority they have is subordinate to the federal Constitution.

Doubtless someone somewhere has more than just guesses about this.


texts: Violating Non Compete Agreement with my Employer

texts:
Requesting your kind suggestion. I'm currently employed in a startup in India. I have been working here for past 1 year also I have signed Non-compete Agreement(electronically or digitally).
Recently a person contacted me in Linkedin explaining my need for his project. The project is also similar to my current company projects.
I had a discussion with him personally and shared quotations and documents representing myself and not any of my company. Everything is representing me and documents also specially made. I have not signed any documents also I have not gotten any money from him.
Will this be a problem. If so what will be the solution? Please help. Thanks