texts: What happens to the third-person in a copyright-infringement?

texts:
A friend just asked me a question about copyright and terms-and-conditions when using a product and it's quite interesting.

I have a website where I host software projects, and include a license with every release of my software. What happens, if say someone downloads my software, removes all my licenses, and reuploads it in their own domain. Sure, I can send them notices to remove it, but lets say someone downloads it from their site and then uses it in a commercial product, or in a way sanctioned by the license.

Does this third-person then suffer in some way as the source they obtain it from was illegal or do they immediately have to abide by the real terms and conditions if contacted by the owner of the software?


texts: Can you sue the prosecutor in a criminal proceeding?

texts:
If someone went to a job interview, and the job was offered to said person immediately after the interview, but upon arriving at home the person receives a phone call from their potential future employer saying that the offer had to be retracted on the grounds that there was a warrant out for their arrest.

Assuming the person turns themselves in, but the charges against them are not dropped after talking with the police, they then must go through the process of being charged.

While in the trial, for these charges could this person bring a suit against the police for lost wages or could this person (after being acquitted)
bring a claim against the police department in civil court?


texts:
The GDPR is a law the EU passed requiring businesses, even foreign businesses, to protect the privacy of EU citizens.

Now of course, the EU's jurisdiction is not global, but the EU does have treaties with other countries they may permit it to enforce the GDPR in those countries or requires those countries to enforce it on the EU's behalf. For example, this answer implies the U.S. is one of those countries.

In which jurisdictions outside the EU can the GDPR be enforced?

Note that I am assuming that the whoever is violating the GDPR does not live nor has any assets in the EU that the EU could seize.


texts: What dcouments must be available as hard copies (printouts) for a 501c3 (non-profit organization) in Ohio?

texts:
Our 501c3 organization in Ohio is spending $3000 per year for storage rental to store printouts of official documents backdating 10 years. This was being done to comply with (assumed) legal requirements for being a 501c3.
In a recent meeting, I was tasked to check to what extent hard copies of organizational documents are required to be available in OH. Knowing this we can digitize documents and reduce the cost of storage rental.
I could not find any leads/info via Google to get an answer to this question. I looked at multiple sites including the official state government pages on non-profit orgs.
Is there any such requirement that a 501c3 have hard copies of specified documents, and if so, where can a list of the requirements be obtained?


texts: Do NY travel restrictions apply every time?

texts: Wondering about the NY travel restrictions: if I were to complete the self-quarantine requirement etc, and then leave NY (to a place very nearby, Jersey City NJ) and come back to NY the next day, would I be required to go through the quarantine process again?


texts: International law vs Treaty vs International agreement

texts:
What is the difference between International law, treaty and international agreement?

What are the consequences if one country fails to obey international law or fails to meet obligations?are they all the same thing? Are the consequences the same in all of the 3 cases?

For example if a country that signed the treaty fails to comply the Outer Space Treaty, what will happen? Will there be war?


texts:
I'm making an app, and it need some images that the users can use to personalize their phone.

I'm planning to use unsplash.com as images source. The licence says that they are CC0: https://unsplash.com/license

Will I be allowed to use this images (through the API) in my app without risking to get my developer account banned from Google?

This are the Google Play Store ToS: https://play.google.com/about/play-terms.html


texts: Is it an offense to attack someone with a toy water pistol?

texts:
If someone started yelling and swearing at you on the bus can you pull a water gum and spray water in their face? or maybe do it with a bottle of water.

Would you get arrested for that?


texts: Authorized Signature on a bank check to a customer

texts: Does the person who is given permission to sign as the "Authorized Signature" (at the bottom of the bank check) have to sign exactly as the real Authorized Signer or just use one's own style to sign as the Authorized Signature?


texts: Is printing a softcopy of an extremely old book/document/research article illegal?

texts: Let's begin with a little premise of my query. I have been learning the Ossetian language for the past few months. Unfortunately, resources on the language are few and far between, and most of them are in Russian. That said, I have been able to gather some materials (mostly online) that I have been using thus far to study. Problem is, now that I am venturing into more challenging grammatical topics, I feel that having physical copies of the books, articles and dictionaries would be necessary. Now, most of these resources are old Soviet-era stuff, and I don't know if they are still available, and even if they are, I have no way to have them delivered from Russia. I checked online (Amazon, ebay and the like), but none of the sellers have anything remotely related to the kinds of things I am looking for. So, I have decided to print some of these out. My question is whether it will be legal to do that? To be specific, the resources I am talking about include an Ossetian-Russian dictionary and two grammars of Ossetian.


texts: What are my rights in videoing an encounter with a hostile person?

texts:
Scenario
I asked a fellow dog-walker to prevent their dog from snapping at mine. They became very irate but I just walked away from the situation. I may have said "Please keep your dog under control in future" as a parting shot.
I presumed this was the end of it but months later this person spotted me, called the police and told them I had committed hate speech.
I was told by the police that they wouldn't arrest me straight away but I must come to the police station for interview the following day.
In fact the police called me the next day and said the complaint had been withdrawn and there was no evidence of wrong doing. They even apologised.
Question
This whole thing was completely unexpected but if I'd had the presence of mind to record the encounter on my mobile phone it would have proved I hadn't behaved badly.
Am I allowed to video such encounters under English Law?
Would such a video be admissible as evidence?


texts: Can terminated licenses in EULAs be revived?

texts: If a user hacks their video game while the EULA of their video game says that the license will be terminated upon hacking, is it possible in any way to gain back the license once it's terminated or is the user permanently legally banned from playing that video game?


texts: Can I be legally compelled, in the U.S., to return/destroy old work emails that are on my own laptop?

texts: I used to work remotely and had my own hardware, etc. The company used Microsoft exchange (or similar) to run their email, store it on servers, etc. They killed my email account when I left but all my emails still remain on my laptop. Do they have a right to compel me to destroy the emails on my computer? Do I have a legal right to keep them?


texts: Can one waive their right to execute the affidavit of support

texts:
I'm a US Citizen and have petitioned for my parent through form I-130. Part of the process is filling out the affidavit of support, form I-864. Due to reasons, I'm not comfortable signing a document that says I'm financially responsible for this person for the rest of my life (this person is not going to become a US citizen or stay here to fulfill the work requirement, so that leaves me with no option but life-long support). Yet, I'm in a sticky situation where I'm trying to avoid totally backing out.

So, I'm wondering if there's a legal document we can draft between the two parties wherein the immigrant waives his/her right to act on the affidavit of support (aka sue me for financial assistantship).

Additionally, there is going to be a co-sponsor on the affidavit because I don't meet the income requirements. In this case, if the immigrant sues for financial assistantship, do the two people on the affidavit share the burden equally? Or, will I, as the petitioner, be mainly responsible?


texts: Opposing grants of permission for search by police

texts:
Hypothetical situation - a police officer knocks on the door of an apartment shared by two people. Both are home and answer the door. The officer asks for permission to enter and conduct a search. One person says "no, you do not have consent or permission to enter" while the other says "yes officer, please come in".

What happens? Does explicit denial or permission take precedent?


texts: Can I avoid telling the police my password by regenerating my key each time?

texts:
Under the Regulation of Investigatory Powers Act 2000 Part III Section 49 the police can, with a certain procedure, require one to provide a key with threat of custodial sentence up to 2.5 years if deigned.
However there is a specific exception in part (9): A notice under this section shall not require the disclosure of any key which (a)is intended to be used for the purpose only of generating electronic signatures; and (b)has not in fact been used for any other purpose.
It seems therefore that a relatively easy solution if one was concerned about having to reveal potentially incriminating information would be to regenerate your keys every time you need them.  According to this answer it is possible to build a deterministic PGP key generator.  The seed that is provided to this would be a key that is intended for the purpose only of generating electronic signatures and has not in fact been used for any other purpose, which would appear to exempt it from required disclosure.  This key could then be used to encrypt / decrypt any sensitive data, and disposed of when finished.
Would such a scheme protect against being required to provide access to such sensitive data?


texts:
Are IP addresses enough to convict someone of criminal activity?
So for instance, if someone was using their home WiFi network, which would have one IP address, then they use their mobile network which would have another IP address, would this be all that’s needed to convict someone of criminal activity if there was no proof that it was then that committed it?
Or are IP addresses not substantial enough?


texts: How high is the bar for a full-blown surveillance?

texts:
Consider a scenario involving a full-blown surveillance: email monitoring, cellphone monitoring, online activity monitoring, credit card monitoring, bank account monitoring, and also, 24x7, door-step, snitching-neighbors.

Also consider that the target of this surveillance is a vanilla, boring, life-long law-abiding citizen, with no criminal-record whatsoever.

How high is the bar to allow for such surveillance to target such individual?
Is it lawful?
Is it abuse of power?


texts: Neighbor has other neighbors fence removed

texts:
PersonA hires contractor to remove a fence.
PersonA deliberately lies regarding ownership of the fence and land.
Fence is actual property of PersonB and is actually on PersonB's property.
Contractor unknowingly removes fence of PersonB in good faith.

Question

Is the contractor liable?
In a suit, would PersonB sue contractor for damages, who would then sue PersonA, or would PersonB sue PersonA directly for damages?
Would actions by PersonA be criminal?
Would actions by contractor be criminal?

Jurisdiction:US-California


texts: Does entering Peace Arch Provincial Park count as physical presence in Canada?

texts:
With travel across the US-Canada border being highly restricted (even citizens/PRs need to quarantine for two weeks on arrival), many Canadian permanent residents living and working in the US near the Canadian border may have difficulty meeting the residency requirements of being in Canada for 730 days in a five year period. (Being in Canada for any part of a day counts as a whole day in Canada)

One can enter some (very limited) parts of Canada legally though. For example, one can enjoy 9 hectares of Canada by entering Peace Arch Provincial Park, which just reopened today, and many married couples separated by the border got to see and hug each other.

Would someone living near such parks be able to meet the Canadian permanent residency requirements by going to such parks every day? Assume that one can provide evidence e.g. photographs with timestamps, and social media checkins. Assume that one is also be willing to mount a legal challenge should the Canadian authorities deny that entering the park counts as physical presence in Canada.


texts: Reproducing game art in various forms for personal use and/or selling to friends

texts:
In various nerdy gaming communities, it's common for folks to produce higher quality tokens, play mats, and such containing artwork from the games. And some people will sell some of their works to basically pay for their hobby.

Question 1: If someone digitally copies an image and prints it on a play mat without permission that's obviously not legal for them to sell, but is it legal for personal use under Fair Use?

Question 2: Would it be illegal to use symbols from the game on tokens you create and sell? See links for an example of what I mean. The first link is actual card board images from the game. The second is the higher quality tokens someone produced. The reproduced drawings are ever so slightly different. What if they were identical? Does that matter? Or how different would they need to be?

https://images-cdn.fantasyflightgames.com/filer_public/7a/47/7a474142-dd1a-4eb1-8c42-1f8e1e18efe1/l5c01_rings.png

http://www.brokenegggames.com/media/catalog/product/cache/1/thumbnail/960x/17f82f742ffe127f42dca9de82fb58b1/2/0/20170825_115514.jpg


texts: Does a gun control ordinance imply police duty to protect?

texts:
It has been established multiple times that police has no duty to protect, except for the situations where the police actions put a person in a harm's way. There were several cases affirming that. A cop arrested a husband driver and left his wife stranded and she was raped; another cop alerted a violent man that the neighbors complained about him and he slaughtered them when the cop left; another cop took a motorist's keys away in the middle of a snowstorm and the motorist froze to death; in all those cases the court decided that the cops were liable despite the general lack of duty to protect.
Now, suppose a city enacts an ordinance precluding weapon carry. A licensed gun owner is thus prevented from carrying a gun for protection. She gets assaulted because she wasn't able to protect herself without a weapon. Does the gun control ordinance make the city liable for failing to protect her because said ordinance put her in a harm's way?


texts: I am learning a PHP course from Udemy. Can I upload the whole code in my Github without facing any copyright issues ?


texts: If you want to study the basics of law, where should you start?

texts:
Should you focus on memorizing the individual laws, or read court cases, or come up with scenarios? Should you study from the point of view of a lawyer or an individual citizen? What if laws change? What is most applicable to real life?
Most importantly: where can you find all this information? Are there textbooks, or do you have to comb through the internet yourself, or is there a website where all this information is organized?
Thank you T_T


texts:
In the 1980s, David Chaum, a cryptographer, came up with micropayment system that would achieve cryptographic transaction privacy. Later, in the 1990s, he attempted to build this system, but it did not take off.
Today, would it be legal to create something like PayPal but that does not and cannot record transactions? Or would that be a violation of KYC or AML laws?


texts: Is the game company required to help and take actions for a player who got scammed in the game for virtual currencies?

texts:
According to the answers in this question, you are legally responsible when scamming someone for virtual goods in a game. However, in most of the cases it is very hard to actually get any information about a player, who he or she is, which just makes it useless.
However the game company do have all the information about the situation, the player, the transaction, chat conversation and so on. They have all the tools to solve this. But they refuse to.
My friend was just scammed in a scenario like this, and since he couldn't verify exactly who the player is, there is not much to go on, except contacting the ones in charge of the game company. Their Customer support replies like this in an e-mail converstaion:

Please understand that thieving or scamming isn't illegal and therefore I can neither punish the other player nor compensate you for your lost ***** Coins.

The company is based in Germany.
Also notice that the virtual coins are initially purchased with real money (80 euro) from the game website.
Something to note is that the only reason my friend wanted to buy this virtual item from a player in the first place is because:

The item is very rare and/or shouldn't even exist in that area. It only exists there because of bugs (that the game owner solved and are aware of, but they keep the items to exist there). This gives the seller an opportunity to scam.
There is a myth about this item in that area, and the game company strategically wants it to stay a myth, so they never actually say if is possible to retain or not (people have tried for 10 years and failed)
It is not possible to trade virtual coins to an item in this area in the game. It is only possible to send or give the item or virtual coins in advance.

The players did have a deal.
So to wrap up:
Is the game company required to help you in a situation like this, where you have the evidence of being scammed for virtual currencies, and can you require them to take actions? (I.e give you the money back, or similar)
Edit:
I am not claiming the company is responsible, however the other player who failed to complete his deal of the contract, is unreachable except with the help of the company. Also note that the game isn't about stealing or scamming, if you lose items due to death in the game then it's part of it. However in this case it's more of a one to one deal/contract (written contract), with real life money involved (except they were converted to virtual coins first), that question has been answered here though.


texts: How to parse "be an obligation or be prohibited", in para 76 in Case C-355/10 Parliament v. Council (Schengen Borders Code)?

texts:
Robert Schütze. European Union Law 2 ed. 2018. p. 324. All

  76[.]  [...]    Depending on the political choices on the basis of which those rules are adopted, the powers of the border guards may vary significantly, and the exercise of those powers require authorisation, be an obligation or be prohibited, for example, in relation to applying enforcement measures, using force or conducting the persons apprehended to a specific location. In addition, where those powers concern the taking of measures against ships, their exercise is liable, depending on the scope of the powers, to interfere with the sovereign rights of third countries according to the flag flown by the ships concerned. Thus, the adoption of such rules constitutes a major development in the SBC system.

This is quoted from the judgment for Case C‑355/10 and many other websites that has the omitted sentences at the outset.

I don't understand the syntax of the emboldened verb phrase. Is this ellipsis? What kind? Nominal?

Did the judges intend to say

  the powers of the border guards may be an obligation or be prohibited

? The sentence's subject is "the powers of the border guards", thus "and the exercise of those powers require authorisation" interrupts and feels misplaced. I would've written

  the powers of the border guards may vary significantly, may be an obligation or be prohibited, for example, in relation to applying enforcement measures, using force or conducting the persons apprehended to a specific location. The exercise of those powers require authorisation.


texts: Is there any federal law in the US that protects its citizens from police harassment? Or is it up to the states

texts:
Can police officers legally stop and ask you for your id (not driving, but cycling cross country) or question you about your travels (where are you going, why.. etc) if they cannot articulate any resonable suspicion ?
If the above mentioned practice is illegal, and they make up funny excuses like "what if you fall into the ditch and die.. we need to know who to send the body to", would that be considered =mocking the law= ?
Is it up to the states to decide what constitutes harassment? Or is there a federal law that protects regular mortals from cops?
Thank you


texts:
'reduced into possession' isn't just worded for animals.

'reduce' here doesn't feel like ordinary meaning. What does it mean? I quote Etymonline because legalese  can deceivingly use common words today but actually aim for some bygone meaning.

Why not just use 'possess'?

Herring, Criminal Law: Text, Cases, and Materials (8 edn, 2018). p. 493

  Wild creatures

  These are dealt with by section 4(4) of the Theft Act 1968, which provides:

    Wild creatures, tamed or untamed, shall be regarded as property; but a person cannot steal
    a wild creature not tamed nor ordinarily kept in captivity, or the carcase of any such creature,
    unless either it has been reduced into possession [emboldening mine] by or on behalf of another person and
    possession of it has not since been lost or abandoned, or another person is in course of reducing
    it into possession.

  The key distinction drawn in this section is between tamed creatures (e.g. pets), wild
  creatures kept in captivity (e.g. wild animals kept in a zoo) or reduced into possession (e.g.
  wild animals which have been trapped), and wild creatures not kept in captivity. Tame
  animals are treated as property and can be stolen. Similarly, wild animals kept in captivity
  or reduced into possession can be stolen.8 However, wild animals not kept in captivity are
  not property and cannot be stolen.

  [....]

  8 Cresswell v DPP [2006] EWHC 3379 (Admin) held that wild badgers were not property.


texts: Can company change BSD license into any paid?

texts: I'm going to use some products shared under free of use licenses (mostly BSD). For example i want to use "on-permise" version of Sentry (https://docs.getsentry.com/on-premise/license/#sentry-license). Sentry offers also paid cloud service. My question is: can any company change their project license in the future? I'm afraid that i will build my projects in depending of free products and some day developers will say: "We're changing license, now you must pay for commercial license or use our paid cloud service".


texts: What is meant by these non-exclusivity and non-solicitation clauses?

texts:
I am being asked to sign a contract after I completed the work. I do not fully understand the following non-exclusivity and non-solicitation clauses. What does "solicit sales" mean? Also it never defines "Competing Product" so could this in theory be extremely wide? Also are these two clauses contradicting each other?

  NON-EXCLUSIVITY

  Non-Exclusivity. The parties expressly acknowledge that the Company is free to engage others to perform services of the same or
  similar nature to those provided by the Consultant and the Consultant
  is entitled to offer and provide services to others solicit other
  clients and otherwise advertise the services offered by the
  Consultant.

  NON-SOLICITATION

  Non-Solicitation. During the term of this Agreement and for one year after the termination of this Agreement, Consultant will not
  directly or indirectly, for itself or any third party:

  (a)       solicit sales of any Competing Product from any person who
  was a customer or prospective customer of Company during the term of
  this Agreement or encourage any such person to reduce their purchases
  from the Company; or

  (b)       solicit or encourage any Personnel of Company or its
  affiliates to terminate employment with, or cease providing services
  to, Company or its affiliates.  "Personnel" means any employee or
  contractor of the Company or its affiliates during the term of this
  Agreement. "Competing Product" means any product or service that
  competes or competed with any product or service sold, provided, or
  intended to be sold or provided by Company or any affiliate at any
  time during the term of this Agreement.


texts: Would the structural engineer be liable for this?

texts:
Let's say that I have a structural engineer come to my house to determine if I can remove one of the support posts from the basement. He then determines that I don't need both posts as they are so close together. If I remove the post and over time there are issues with the house due to sagging or other structural issues, is the structural engineer liable for damages because he gave me incorrect information?

Assume I have his "recommendation" in writing and the damages are clearly from the removal of one of the posts.


texts: Open source encryption library pose export compliance

texts: I am developing an app which will encrypt users files , photos etc. I use the open source library RNCryptor to do the operation . Does this make my app require export compliance ? . Does the export compliance also be implied if the app is developed outside us by a non us citizen Or a non us firm ?.


texts: At what point does an AI become a person?

texts:
When is a fully autonomous machine that can communicate with society and think for it self become classified as a being that can "own" property and manage others? Also, do they have certain rights at that point?
I understand we may not be this far in the future but I think it is possible as time goes on.


texts: Is a gif of a feature film, or a still of a video clip, always fair-use?

texts:
How far does the fair-use doctrine go?

For example, it seems like many popular feature films have become part of the GIF and internet meme culture, where GIFs of various episodes are posted on Twitter and such, seemingly without any permission from the copyright holder.  It seems like some sites and/or accounts even revolve their whole business model around these GIFs, is that still covered by fair use, or is someone actually authorises such use and/or pays royalties behind the scenes?

Likewise, I've noticed that many software engineers post various stills of films on their blogs and presentations, some do it with credits, some without.

(All of the above is also quite contrasted with the audio copyright trolling on YouTube, where basically anyone who's ever posted anything on YouTube receives claims for copyright infringement from various agents in the presence of even the shortest audio clips that you'd think should clearly fall within the fair-use doctrine.)

As such, what are the limits, if any?  Taking someone's photo and using it on your own site without permission in the above-described cases would clearly be a violation and by no means fair-use; but could I simply take a still of a film, and use it in whichever way I feel like?  E.g., if I need a still of X doing Y with a Z background, and see a scene with X doing Y with a Z background in a movie or a video clip, can I just take it?  And if so, does it have to be credited, in any specific way?


texts:
If an independent contractor performs work or provides consulting services to another company, and that company suffers a loss (or deems to suffer a loss) due to the independent contractor, can they sue the independent contractor? What kind of measures can be taken to safeguard the IC from this?
Is it better to be an employee or an IC of said company to avoid this type of liability?


texts: Is there any legal recourse for a resident who believes their city is committing financial nonfeasance?

texts:
My city has entered into an agreement to provide fire service to a neighboring city of 1000 people for $10,000 yearly.  This rate is less than 1/20th what my city pays.

I've made efforts to convince the city council and mayor to act but they have stated that they will continue to renew the agreement.

Is there any legal precedent for suing a city to amend or terminate an agreement due to fiscal nonfeasance?


texts: Ok to paint exterior trim of leased building?

texts: I have a club that leases a space including a street-facing exterior. There is a small flat awning over the entrance way which is bordered by a metal channel which is about 4 inches square. The paint on this metal trim is flaking off. Am I within my rights to repaint this without the landlord's permission? There is nothing in the lease one way or another about painting the exterior trim or other surfaces. I assume having the "full use" of the property means I can repaint the trim. Is that right?


texts: How to divide house equity after a long period of separation

texts:
My Husband and I have been separated for ten years, during which time I paid him an agreed amount of spousal support. From that, he paid the mortgage on our commonly-owned house.

We just sold that house, and he argues that since he paid the mortgage - including principal payments - for ten years, he should be reimbursed the total principal he paid off during that period, and that after that deduction, we could divide the rest of the profit from the house in half.

I pointed out that despite being half owner of this valuable asset, I received no return whatsoever for the years he lived in it alone. It would not be fair if now I did not also receive my half of the profit. It would be totally equivalent if he had moved out at separation, I paid him the agreed support (from which he could pay rent or whatever), and we paid the mortgage off from rental income. Or alternatively if he paid half the mortgage to me, and I paid that to the bank. In effect, his claim to the equity is an accident of the "pockets" we agreed the financial flows would pass through and would be an unfair basis of dividing the profit from the sale.

Is there a precedent for his claim? Who is right?


texts: Are open source software licenses really irevocable under US law?

texts:
Many open source software licenses, such as the Apache 2.0, the GPL ver 3, the EUPL ver 1.2, the OSL ver 3.0, and other copyleft licenses such as the CC-BY-SA 2.0 license purport to provide a license that is "irrevocable", "permanent" or lasts for the full duration of the copyright protection. In general, such licenses state that the author or copyright holder cannot cancel the license grants.  Is this correct under US Copyright law?
(Note, the above is only a selection, various other licenses contain similar terms on this point.)


texts:
A Limited Liability Company (LLC) is a business under US law with the following characteristics:

Establishes a "corporate veil" of limited liability, such that creditors or lawsuits can only go after the company's assets, and not personal assets of the owner(s).
Requires much less in the way of formalities than a corporation.
Treated as a flow-through entity by default, meaning that the income of the company is treated directly as the income of the owner(s), rather than being held by the company and paid out as salary or dividends. (Not all LLCs operate as flow-through entities, but this question is only about those that do.)

At first glance, it appears that the first and third points above are in conflict with one another:  if all revenue generated by the company flows directly to the owner(s) rather than being retained by the company itself, then the company has no money of its own with which to purchase company assets!

Obviously this has to be an overly simplistic understanding, but I'm having trouble finding a plain-English description of how it really works.  So my question is, what are the principles by which a flow-through LLC segregates company money and assets from flow-through payments to the owner(s)?


texts: Can I ask potential jurors in a prima facia state if speeding is legal?

texts:
In some jurisdictions, e.g., Texas, driving faster than the posted speed limit is only the prima facie evidence of an unreasonable speed, where, if charged with a violation, one could still argue in the court of law, in front of a jury of one's peers, that the speed was nonetheless safe, reasonable and prudent.

Some potential jurors may be too conservative to appreciate the intricacies of the law (especially if such ideas are very new to them), or hold a grunge against people going over the posted speed limit.

What would be the best way to determine such bias during Jury Selection (Voir Dire)?

Can you ask potential jurors simple questions like:

"Do you think exceeding the posted speed limit is illegal?"
"Do you think that the posted speed limits should never be exceeded?"
"Do you think that people exceeding the posted speed limit are guilty, and should pay a fine?"


texts: Who is responsible for packages wrongfully delivered to one's address?

texts:
Re: a thread discussing legal obligations for a package wrongfully delivered to one's address:

...it comes down to whom it is addressed to. As long as the merchandise is addressed to you, you may keep it. If it is addressed to someone else, then you are obligated to make reasonable efforts to either return it or deliver it to the intended recipient.

What constitutes 'reasonable efforts'? What if I feel I have made a reasonable effort, and the deliverer fails to make a reasonable effort to pick it up? What are my options? What about the 'obligations' of the deliverer? It sounds like I'm being obligated to care for something I did not initiate and have nothing to do with.


texts: How is an American citizen expected to know how to live lawfully?

texts:
I am looking for a resource(s) to learn "The laws of daily living", and trying to understand what the U.S government had in mind for the layperson who may not be able to read the law codes in their original (are they supposed to be able to?) as to how they are supposed to become an informed citizen who knows how to follow what is legally expected from them. For example,

learning the laws of what you are allowed to put in the trash and recycling, and what you are not. How was I expected to learn those laws?

learning that it is illegal to not pick up my dog's poop, and can be given a fine for it? I understand that it is not nice, but a $1,000 fine for it in Maryland?

learning all of the laws about Coronavirus. I walked into a big building with my doctor's office in it without a mask, and as a doctor from a different office passed by me, they screamed at me saying that it is illegal to not wear a mask in a public area, and that I could be fined greatly for doing so (arrested?). I don't read the newspaper! How was I supposed to know that?

 There has to be some form of expectation for learning those laws besides seeing an article in the newspaper about it, which I have no plan on ever reading. Is there a legal expectation to be reading the newspaper?


texts: Will people under 16 in the UK be able to use WhatsApp when we leaves the EU?

texts:
In the WhatsApp Terms of Service (and yes, I generally read a service's TOS before signing up) it states that "If you live in a country in the European Region, you must be at least 16 years old to use our Services or such greater age required in your country to register for or use our Services. If you live in any other country except those in the European Region, you must be at least 13 years old to use our Services or such greater age required in your country to register for or use our Services"

The European Region is further defined as "a country in the European Economic Area (which includes the European Union), and any other included country or territory (collectively referred to as the "European Region")", so I assume this includes the UK.

All this means, as I understand it, that people living in the European Union, the European Economic Area and Switzerland must be 16 or over to use WhatsApp, while people in any other country must be 13 or over. What I want to know is, when Britain leaves the EU on January 31st, will we have left the European Region or will we still be part of it until the end of the transition period (which I believe is the end of this year)?


texts: Is it possible for appellant to examine the written grounds of judgment by the Sessions Court Judge before deciding whether to file an appeal?

texts:
Appellant wants to examine the written grounds of judgment by the Sessions Court Judge before deciding whether to file an appeal. Is it possible? It is stated that the Sessions ct judge did not give any reason for his decision.
Can appellant file an appeal only on the basis of costs?


texts: Defining the scope over which a vote can be taken

texts:
I'm looking for the name of something that likely is defined somehwere in Robert's Rules of Order or in some other standard in parliamentary procedure.
Before a vote can take place, there must be a minimum number of voting parties present first. This term is called the quorum, and without it, no vote can take place.
But what about a term defining the extent and scope to which the group may take a vote on? For instance, the Senate cannot get together and vote on whether or not Bulgaria should legalize marijuana, because Bulgaria is outside of their defined scope. The board of a local homeowner's association cannot convene and take a vote on how many illegal firearm their homeowners can possess, because thats a legal issue outside the scope of the homeowner's association.
Whereas quorum defines the number of people required for a vote to take place, I'm hoping there is a word or phrase that defines the scope/domain over which votes can be taken.
Does such a word of phrase exist in law and/or governance?


texts: How much judicial bias is enough for recusal?

texts:
A layman curiosity here. All I know about the courts comes from TV shows, which are, apparently, not real very much. However, given their original intent of educate populace about the legal system, there should be some semblance of realism, or so I hope.

Anyway, the question comes from watching several episodes of Judge Judy. She seems to have a very strong bias against young people. In more than one episode she said something like this: "How do you know that a teenager is lying? His lips move."

So she affirmed multiple times in several unrelated episodes that she does not trust teenagers' words for no reason other than being teenagers. Bias of that magnitude obviously puts teenage litigants at strong disadvantage. However, Judge Judy has never recused herself in trials (or mediations, whatever they are) on the basis of her own bias.

Thus the question: would unapologetic and openly professed judicial bias like that be tolerated in real courts? Would the party being biased against be able to push judicial recusal?


texts: If I were to transcribe someone's arrangement of a copyrighted piece and credit them, would I violate copyright laws?

texts: I was wanting to transcribe an arrangement of a song from YouTube and make the sheets available on MuseScore, giving credit to the arranger. The arranger hadn't made any sheet music of their arrangement. Would it be violating copyright laws to transcribe that piece and upload it to a site like MuseScore and not make any money off of it?


texts: Why can you use the font “Helvetica” for free in LaTeX although it would otherwise be required to pay a fee?

texts:
When looking for the Helvetica font, it usually costs you a certain amount of money because it is not a free font. But when I am using the free open source software LaTeX, I can use the font wherever I want. But I cannot, for example, use it when writing documents in Word or OpenOffice.

Why is that? What kind of “special deal” or treatment is this?


texts: If you ask a police officer if something is illegal, can they lie?

texts:
It's been established that police in the US have pretty broad discretion in terms of being permitted to lie. If you ask an on-duty police officer if something is legal, can they lie about that?
I know there is a previous question that asked "Can the police lie about whether I am compelled to do something?" but I am asking "Can the police lie about whether I am permitted to do something?"
For example, say you're visiting a state where you're unfamiliar with local laws, and by some strange coincidence there is someone giving marijuana samples, but there is also a police officer nearby. If you ask the officer, "Is it legal to have small amounts of marijuana here?" could the officer say "It's fine. Go for it!" but then arrest you anyway?
Note, I do not use marijuana. That just seemed like the clearest example of something where laws vary greatly from state to state.


texts: Non-european company flight cancellation compensation

texts:
Me and my partner booked return tickets from Paris to Antananarivo with Air Madagascar. On our way there, they cancelled the flight and we weren't informed until we arrived at the airport (we took the Eurostar from London in the morning). There was no one from Air Madagascar, so we contacted someone from the airport and we were given a hotel room and a flight the morning after. Nothing from Air Madagascar.

On our way back, our flight also got cancelled. We were not given tickets on an alternative flight that was leaving later that day (there was an Air France flight). We were given a room in a hotel close to the airport but no tickets whatsoever for any future date. At the airport, there were no managers or any person with any decision power, only one person to provide us with a hotel voucher.
Given the circumstances, we decided to buy tickets with another company, as we already had to skip one day of work and we would miss our Eurostar connection from Paris to London.

The day after we landed in London, we were sent e-tickets for 4 days after our original flight, which we rejected as we were already back home.

After all this, we complained to Air Madagascar and all they offer is 300€ per person or 600€ in flights with Air Madagascar.

Is that all we are entitled to? We got both our flights cancelled and got offered nothing but basic lodging.
Is this worth chasing or should we accept what they are offering and forget about it?
Is there some regulator or authority that I can contact? We've searched for an European travel ombudsman, but it doesn't exist as far as we have found out. I've also checked here: http://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm and many other similar sites, but I am still unclear what we are entitled to.


texts: Shipping company offering insurance on TV that cannot be claimed

texts:
I have sold TV on ebay and then used  https://www.parcel2go.com for shipping, I choose to add insurance for 250 GBP. Today I got a claim opened on ebay that TV was damaged there is obvious damage to the box and the screen.

So I made a claim against parcel2go expecting to get 250, submitted all evidence from paypal, ebay,photos and everything...

However my claim was rejected due to item being on 'Prohibited item list'...

Can I ask for refund of insurance since they sold me something that I could not have used?

Is there any other recourse I could take against them as their list seems to cover huge portion of things shipped, basically they are pretending to cover millions of items when really they just rake the money in without any risk of paying anything out...


texts: What does German law say about online threats using Social Media (Youtube)?

texts:
I was watching a Youtube Video where a man calls on other people to kill a woman who burned the Quran and filmed it.

I know it's not OK if you disrespect somone's religion, but no one has a right to kill you or call for other people to kill you just for burning a book, do they?

I reported the video to YouTube and got the following response:

Is this really accurate? Does this not constitute an illegal threat under German law?


texts: Why are damages awarded in civil suits far higher in the US than (continental) europe?

texts:
In Bollea v. Gawker, Bollea was awarded $140 million damages for "invasion of privacy, infringement of personality rights, and intentional infliction of emotional distress".

This seems orders of magnitude higher than would have been awarded in a continental european court. For instance, the German Wikipedia writes:

  Die höchsten von deutschen Gerichten zugesprochenen Schmerzensgelder finden sich u. a. in den Urteilen des Landgerichts Aachen vom 30. November 2011 – 11 O 478/09 (= 700.000 € im Falle eines auf das schwerste gehirngeschädigten Kleinkindes), .... Mit einer ganz anderen Thematik – nämlich einer schwersten Persönlichkeitsrechtsverletzung des bekannten Autors und Wettermoderators Jörg Kachelmann – hatte sich das LG Köln (Urteile vom 30. September 2015 – 28 O 2/14 und 28 O 7/14) zu befassen und dem Kläger ein Schmerzensgeld in Höhe von insgesamt 635.000 € zuerkannt; diese Urteile sind jedoch noch nicht rechtskräftig, – mit einer Entscheidung des OLG Köln ist 2016 zu rechnen.

translation:

  The highest damages ever awarded by a German court were: 700.000 € to an infant that suffered most severe brain damage, ... and in a completely different matter, a most severe violation of personal rights of the well known author and weather presenter Jörg Kachelmann, 635.000 €, though that has been appealed.

What difference in law causes US and european courts to award such vastly different damages?


texts: Trailer Park Management Regularly Tows Cars From Private Driveways

texts: Recently, the engine in my car went bad and I cancelled my insurance to save up money to deal with the problem. The car looks fine, it just has no plates and was sitting in my driveway. Without any warning, while I was out, park management towed my car. It was on a Friday, so I had to wait until Monday to contact anyone about this. My roommate, who owns the trailer I rent a room in, said this happened to someone else. AFTER the car was towed, management told her since her car had to tags, she should have covered it up. I'm sure what they are doing is illegal. Not only towing people's cars from their private driveways, but then forcing them to pay fees to get them back. Is what they're doing legal? I don't think it is.


texts: Where is the legal responsibility to maximise shareholder value stated in UK company law?

texts:
I can not find where in the model articles for UK companies it says the responsibility of the directors is to maximise shareholder value.

https://www.gov.uk/government/publications/model-articles-for-private-companies-limited-by-shares/model-articles-for-private-companies-limited-by-shares#noright

Is this stated somewhere else, perhaps the Company Act 2006?

https://www.legislation.gov.uk/ukpga/2006/46/contents


texts:
The recent news on Mac Miller's cause of death reminded me that I'm always puzzled when toxicology reports are made public. Is this mandated, and if so, is it by state or federal law? Why?

Otherwise, it seems like it would be unnecessary and a bit invasive. I'm wondering specific about the United States here. Searching around hasn't revealed much and I appreciate your help.


texts: Who owns the copyright on a Siri recording?

texts:
If I record my own work using Siri, i.e. original texts, phrases, sentences, etc. who owns the copyright on those recordings?

Would it be the same as when using a DAW to record my own music?


texts: Possible for employees to get retention bonuses after being forced out of the company?

texts:
The small startup company (~6 employees) I worked for was recently acquired by a larger, but still mid-sized company (~200 employees). As part of the acquisition deal, they offered us substantial 3-year retention bonuses on top of signing bonuses, etc. The stipulations of the retention bonus were fairly standard:

If I quit before the designated date, I get none of the bonus
If they fire me with no cause before the end date, I get a prorated portion of the bonus from the time we were acquired.
If I am fired with cause, I get nothing

As of last September (2016), the company started delaying our paychecks by a few days, then weeks, then up to a month. Some of us are 6 paychecks behind. It has put many of us in financial hardship. We live in Oregon, and have given them a "notice of underpayment" (ORS 652.120), which they did not comply with. At this point, many of us are preparing to quit and move on. I plan on filing a complaint with OBLI soon because of their non-compliance.

Do I have a legal leg to stand on to fight for the prorated retention bonus as if I was "fired with no cause", given how I am effectively being forced to quit?


texts: Can I let myself out of a prison if I buy the prison?

texts:
Let's say I'm convicted of a felony and sent to state prison. Then, I buy the prison.
Can I just let myself out?


texts: Can a judge suggest to the jury that a witness is lying?

texts:
I was recently party to a preliminary hearing in a criminal case in which a 911 call was played. The content of the 911 call was very beneficial to the defendant. During the hearing, the judge said something to the effect of, "It would be a question for the jury whether the caller was 'being honest.'"
In other words, the judge was suggesting that the caller to the 911 was being disengenuous and deliberately conveying a false impression -- something that I think would never occur to most people because the call seemed completely genuine. Also, the caller would have had no motive to faking their mental state. I got the idea that the judge was looking for some angle to discredit the 911 call out of interest to see the defendant convicted.
In any case, from the judge's remark I got the idea that he might say something like that during the trial, or give the jury an instruction designed to make them think the 911 caller was putting on an elaborate act.
Is a judge allowed to do this?


texts: Is it illegal to intentionally design a social network that can't comply with right-to-be-forgotten (and possibly other laws)?

texts:
If I intentionally design (and program) a social network that uses a technology (blockchain,...) which does not allow for alteration / erasing of user data, what happens in case of a right-to-be-forgotten request? Were there already any cases like this?

What happens for other cases where the technical design disallows compliance with government request (for example, using end-to-end encryption for all communication, meaning I can't give goverment agencies like FBI access to private data on request)?


texts: Obligation to respond to written interrogatories requesting personal information

texts:
I received a letter form an attorney, resembling this template.

(Header of that template for posterity):

        SUPERIOR COURT OF CALIFORNIA
               COUNTY OF BLAH

    PLAINTIFF'S NAME  ) Case No.:  ####
    Plaintiff(s)      )
        vs.           ) WRITTEN INTERROGATORIES
    DEFENDANT'S NAME  ) TO RESPONDING PARTY
        Defendant(s)  ) SET 1
______________________)

No clerk signature, no judge signature, only signatures I see are the attorney's and the signature of someone, who I assume is from his office, on a "proof of service by mail."

The questions are requesting a lot of personal information including driver's license #, social security #, bank account #, savings account #, employer information, etc.

For background information: I had a bad split with my previous employer who is being petty.  Made the man millions of dollars and he can't let $5,000 go.  A small claims verdict was entered in his favor in 2010.

What I am trying to determine is: Am I required to respond to this?


texts: If I am employed in the UK but WFH from another country, am I a UK tax resident?

texts:
I have a standard full-time engineer contract in the UK with a company that is pretty big and has offices here and there in the world.

Due to personal reasons, I'm working from France, since all I need is a computer. My manager is fine with that, but we haven't really asked HR. And I have spent only 2 weeks in the UK this year.

Am I considered a UK tax resident or a France tax resident?

Edit: Im making somewhere between 50.000 and 100.000 pounds, I'm a french citizen, and I receive my salary on an English bank account.


texts: (US/Florida) Can an individual sue a public university to get them to enforce one of their existing policies?

texts:
This is a question of theoretical interest, since the likelihood that I'd actually take this action is near 0.

So,  there is one particular commonly traveled outdoor covered hallway on campus that is the main north/south pathway for everyone traveling.  There is a campus policy prohibiting skateboards/bicycles/etc. from being used in this hallway for safety (and, in my opinion, noise!) but particularly safety reasons.

There is no-one currently enforcing this policy.  There have been accidents due to unsafe people breaking this policy causing injury.   The campus police don't want to get involved since it's not a matter of law but of campus policy.

So...as an individual,   does one have the right/ability to sue to try to compel the university to enforce its own safety policy?   It seems like there'd be standing (As I'm at risk by it not being enforced).   If not,  is there any other legal redress?

Again,  mostly hypothetical....(Although the more those skateboards annoy me.....)


texts: Is selling an online poker assistance software that is prohibited by poker sites legal?

texts:
I own a small tech firm and we have been approached by a team of professional online poker players. They want us to build a real time assistance software that helps them play poker.

It works by getting the information from the poker tables and using this information to interact with a third party software API, which tells you how to optimally play a poker hand after you input the hand details. Such query would return a strategy, or way to play the hand.

I see two problems with this:

These kind of software is prohibited by poker sites. In their terms and conditions they clearly state that players using software like this will be banned and have their funds confiscated. (e.g. https://www.pokerstars.com/poker/room/prohibited/).
While the information we are extracting for the table is public, the best ways to extract this information is by intercepting information from the poker site servers to the poker site client software and decrypting it. We would be using the software in a way in which it was not meant to be used (and which they might prohibit in their terms and conditions).

Is it any different if we sell the software to any poker player (openly, through a website and everything) than if we make a customized solution for the people who approached us?

The players that approached us are Russian and Ukranian, our company is located in Austria.


texts: What might be illegal about a company using deceptive phone calls to establish a contract and seeking payments under it?

texts:
I have recently been encountering an organisation whose mode of operation is to dupe members of venue staff into "agreeing" to have their venue advertised "online". Subsequently a bill arrives for this service.

The initial conversation typically starts along the lines of "we advertise [xyz] online and we are ringing to update the details". The confirmation of details is interpreted by the seller to be a verbal contract. I have one instance of where "we advertise [xyz]" was a complete lie. Other cases are a bit greyer, for example one listing is there with details that appear to date back to the previous ownership of the venue (though I suspect that they never paid the bill when it arrived either).

When the bill is ignored, they use a London-based harassment service to start sending official-looking letters. This service advertises that it will "send a carefully crafted series of letters prompting payment directly to the supplier". The letter states that the debtor should not reply to it and instead direct all correspondence to the creditor.

I have personally taken some of the phone calls, from three different websites that are using this tactic. All are registered to the same individual. I even spoke to one guy who claimed to be a debt collector when I clearly recognised his voice as being from one of these websites.

What aspects of this operation are illegal? Could any of these verbal agreements be enforceable?


texts: Notice period for rental contract for a shared flat

texts:
In Germany, assume that Allice has a flat (either rented or owned, I think this does not matter) and lives in it herself. She decides to rent one room to Bob with an indefinite contract.
My research so far yielded the following:
If she rents the room to Bob mostly furnitured, then by default the termination period is two weeks to the end of the month. However, it is three months by default if she rents it to Bob without furniture. Is my understanding correct so far?

Main question: In the latter case, is it possible to define a shorter termination period in the contract, say one month? Or is the legal default of three months always applicable and cannot be changed by contract?


texts: Does a patient's family have any legal rights to know the patient's health and billing information in India?

texts:
Background:
My friend was infected with Covid, and after a week he was not able to take breath. We urgently admitted him to a private hospital located in Gujarat, India, for oxygen because of most other hospitals were full.
Situation:
The private hospital in Gujrat, India:

Sometimes they say the patient's condition is very good and will be discharged in 2 days.

Sometimes the say the patient's condition is very critical with only a 5% chance and just pray to God.

They are demanding money every 1 or 2 days to pay 50k / 100k (INR) - only in cash.

In 18 days they demanded, and we paid 500k (INR), in cash, but still the patient has not recovered.

They are not providing any payment bills

They are not providing the patient's health reports

Question:
Does a patient's family have any legal rights to know the patient's health and details at the above points?
I am not sure whether there should be some legal process or any community to support for this kind of situation.


texts: Is there ANY legal speed on the freeway?

texts:
Suppose there is a stretch of freeway where the speed limit is 55 mph but traffic is traveling at about 65 mph (which sometimes happens in the area I’m thinking of).

If you drive any speed over 55, you can be cited for speeding, but if you drive under about 62, you could get dinged for impeding the flow of traffic (ORS 811.130). Not only is there no legal speed, but if you drive 61 mph, you could seemingly be cited for BOTH speeding AND driving too slowly.

In response to the comments: The 62 mph number is just a rough estimate of the differential that it would take to irritate other drivers. You can replace it with any number from 56 to 64 and the question is still valid.

What is the correct way to handle this situation?


texts: Is it legal to retain customer card details when making transactions over the phone (UK)?

texts:
In a small business we have people who make orders over the phone (commonly known as card not present). Common practice is to directly input the details into the machine as the customer reads them out.

One of the chaps in the office is adamant that, they read out the details and  I write them down and not input them in the machine, once the customer is done telling me the details I say that I will call them back with payment confirmation.

I would then in my own time input the details into the card machine and process the payment and if all goes through, I would shred the paper immediatly and notify the customer.

I don't feel comfortable writing the details down, I've told this chap many times. Is there a legal way I could tell him so he won't pressure me to do this in the future?


texts: Are there successful ways of getting out of a reverse mortgage?

texts:
My father in-law took out a reverse mortgage several years ago. He later passed away. It wasn't until after his death that we learned about the reverse mortgage. He died approx. 4 years ago this coming December. Had my wife and his son known about him doing this we likely would have stopped him...and since he has passed there is no way for us to know if he was taken advantage of or coerced, etc.

Is there anything that can be done to see about getting his wife out of this reverse mortgage?


texts:
I'm curious, let's say that a prosecutor has taken a case before a grand jury. That grand jury has chosen to indict. Can the AG withdrawal those indictments?

I've been trying to find out here, but I've had no luck.

Edit: This would regard Federal crimes and the United States.


texts: How can NaxosofAmerica claim copyright for classical music in Youtube?

texts:
I know that classical music is public domain, so no-one can claim that they own classical music. But I add a classical music: I. Allegro in one of my Youtube videos (https://youtu.be/WJ13om_YkKg), and I see that NaxosofAmerica claims copyright for that. Am I missing something?

Here is the screenshot that NaxosofAmerica claims.


texts: Status of a trademarked but public domain work of fiction

texts:
There is a series of books published in the early 20th century.  Copyright on at least some of them have expired; they are in the public domain, and are being widely republished.

However, the descendants of the author have trademarked the names of the main characters.  This trademark can effectively be renewed forever.

How much control does the trademark give them?  I'm interested in whether they can stop the publishing of any derivative works.  Would an "(X) character is a legal registered trademark of (Y)" disclaimer head that off?  Would the setting and story with the trademarked characters stripped out be permissible?

Of course, there's a specific series of books that I'm interested in, but I wanted the general answer because I think this situation is not unique.


texts:
I was reading a book(fiction) recently and a kidnapping happened. A woman escaped and ran into several people. One of them being a soldier with his wife. As the kidnapper tries to find the escaped woman, he also runs into these people. The wife wants to call the police, but the soldier says he doesn't want the guy leaving before they get there. Then he said "I'm on active duty and I'm tasked with upholding federal law".

Is this in any way true? Can a soldier act as a law enforcement officer in a situation like this? I'm aware there is a law that states the military can't operate on U.S. soil, but I feel like the author of the book knows something I don't.


texts: How is it realistic that a buyer would fail to communicate some feature of a product needed by the buyer, to a seller?

texts:
Source: p 14 Bottom - 15, JC Smith's The Law of Contract (2016) by Paul S. Davies.

    All these propositions are illustrated by Smith v Hughes9 [this footnote states: '(1871) LR 6 QB 597.). The claimant sued the defendant on a contract for the sale of a specific parcel of oats. The defendant said that he had
  contracted for old oats. However, the claimant provided oats which were new and useless to the defendant. The defendant consequently refused to pay the contract price. The verdict reached by a jury was in favour of the defendant. The case is somewhat unsatisfactory and
  difficult because there were unresolved questions of fact, so it is necessary to consider the
  case on three hypotheses.

  (a) The word 'old' was used in the discussion leading to the oral contract of sale. If this was
  the case, then the jury's verdict was right because it was a contract for the sale of old
  oats. The seller could not perform it by delivering new oats.

  (b) The word 'old' was not used but the seller knew that the buyer believed that the oats were
  in fact old. If that was the case, the verdict was wrong. So long as he did nothing to induce or encourage it,10 the law allowed the seller to take advantage of the buyer's mis
  take of fact. 'Ihe passive acquiescence of the seller in the self-deception of the buyer,'
  said Cockburn CJ, did not 'entitle the latter to avoid the contract'. The question was
  not 'what a man of scrupulous morality or nice honour would do under such circum-
  stances'. Ihis would be a practical application of the important principle of English law
  known by the Latin words caveat emptor—roughly translated as 'buyer beware' or 'let
  the buyer look out for himself'.

  (c) The word 'old' was not used but the seller knew that the buyer believed that the seller was
  contracting that the oats were old. In that case, the verdict was right.

  The difference between (b) and (c) is that in (c) the seller knows that the buyer is making a
  mistake as to the terms of the contract, not merely a mistake as to fact or motive. The seller
  cannot then enforce the contract in a sense different from that which he knew the buyer
  intended at the time of contracting.

I understand the difference between (b) and (c) per the last paragraph above, but  how is (b) realistic? If a competent buyer needs some feature of a product, then why would a buyer fail to write this feature as a term in contract, much less declare or divulge it to the seller even once in their communication? In this case, why would Hughes keep  private his need for old oats?


texts: What does "being responsible for the abuse of that right" mean, and is this different from the first amendment?

texts:
The Declaration of the Rights of Man and of the Citizen states:

The free communication of thoughts and opinions is one of man’s most precious rights. Every citizen may therefore speak, write and publish freely, except that he shall be responsible for the abuse of that freedom in cases determined by law."

Article I of the Maine Constitution states:

Section 4. Every citizen may freely speak, write and publish sentiments on any subject, being responsible for the abuse of this liberty;"

What does "being responsible for the abuse" mean in cases such as these?  Is this provision effectively different from the First Amendment, under any constitutional and historical viewpoints?


texts: Telco obligations on cable going across driveway (New Zealand)

texts:
I have a cable with phone lines on a pole across outside my house going across my driveway.Occasionally I have large trucks which need to come into my property but are unable to do so because the truck is higher then the cable.  (most vehicles have no problem getting in-and-out - the truck in question is particularly tall/large.)
Does anyone know if I can legally compel the Telco to either raise or bury the cables, and if so, at whose expense is this likely to be?  (Of-course I'll be nice - I just want to know where I stand before I engage).   Relatedly, if someone is liable to me on this obligation, is it reasonable to assume its the lines company, or do I have recourse against the council as well?
Other information that might be relevant -

The property is located rurally in greater Auckland.
The cables existed prior to me purchasing the property (ie more then 5 years ago)
There is nothing I am aware of on the property file about any rights of easement.  Maybe because this is technically council property?

I'm not sure where to find the appropriate law.  I have found the Property Law Act 2007 but I don't know if it applies (I'm guessing the berm is not my property??) or exactly how to read it.    Schedule 5 talks about Covenants implied of grants of vehicular rights of way (including Schedule 5 (1)(2) talks about the right to "That right to go, pass, and re-pass is exercisable at all times, by day and by night, and is exercisable with or without vehicles, machinery, and equipment of any kind."  (emphasis mine)


texts: Can I sue a Canadian company in the USA?

texts:
I had a consulting company (IT services) in Canada and my major client (also a Canadian corp) did not pay for large amount of software engineering services that I've done for them. They are actively selling their products to major European and US corporations (like Verizon, AT&T, Microsoft) and all these products are heavily based on and incorporate works done by me that they didn't pay for.

This my client Canadian corp most likely has US presence and I'm currently tax resident in the US. Can I sue this Canadian corp in the US (or their US subsidiary if it exists)? Can I sue their clients for using my works (or notify them to stop using them), what are possible consequences? Any pointers where I can get legal consultation in the San Francisco bay area regarding this matter?


texts: We are company A. We have a marketing Agreement with company B to market and sell all of their technologies. Company B has a JV with company C for a technology. Do we need a new agreement to include company C or can we market this technology due to our agreement with company B?


texts: What's the best way to summarize a lengthy exhibit when I have little understanding of its content or context?

texts:
I've been assigned around 200 documents for a new matter to review. This involves creating entries for each document of interest in software called LexisNexis CaseMap, which includes a "description" field in which I am to write a brief but descriptive summary of the document. Some of these documents are very long (>100 pages) and filled with complex technical verbiage about a variety of subjects, ranging from documents that appear purely legal in nature, and contracts that encompass detailed aspects of software development.

While I am quite familiar with software development, I am not particularly fluent in "legalese," and even the software-related documents seem to have been drafted by lawyers.

I don't have context for the matter yet, and I'm not sure it is a good use of my time to read every document in detail, especially since several of the subjects are well outside of my area of expertise.

Do any of you with more experience have any recommendations for how I can perform this task more efficiently and more effectively? So far, many of my descriptions have been kind of vague.

Edit: I'm not a lawyer myself. My background and experience are in Computer Science. I work for a consulting firm that supplies experts to counsel to do expert review of codebases or hardware. Unfortunately, sometimes we also need to do document review for reasons I don't exactly understand. So I'm looking for tips on getting to the meat of these documents as quickly as possible given that I'm not a lawyer.


texts: What should you do if someone is eluding confirmation in writing?

texts:
Problem 1 and 2 have appeared in a rented home in Ontario, Canada.
The builder will fix Problem 1, but not Problem 2.

A landlord and you correspond by email. You asked him by email to confirm his reading and receiving your email (call this E) in which you explain your innocence for either problem. which he must have received, because he telephoned you to argue that you are responsible for Problem 2.
I do not plan to telephone with him ever again.

Although you and he still continue to email, he has not acknowledged E in writing, possibly to elude leaving written evidence. Now the landlord emails you asking you to confirm when workers hired by the building can come to fix Problem 1. He has said nothing about Problem 2.

What should you do now? Do you need his confirmation in writing of email E? I am afraid that without his confirmation of E, he can argue later never to have received my defense of innocence.


texts: Can a company vary its prices for individuals based upon their race, gender, or sexual orientation?

texts:
With the growth of the technology industry and lack of skilled computer professionals, there's been a rapid rise in the number of for-profit providers of short term courses in various computer science disciplines. Examples include General Assembly, Galvanize, and Maker's Academy, among several others.

Many of these providers offer lower rates to individuals if they are of a certain race, ethnicity, gender, gender identity, or sexual orientation. As a result, the price for the programs could be lower for one person over another just because of a difference in, say, their race. See https://www.coursereport.com/resources/the-definitive-list-of-programming-bootcamp-scholarships

I'm no attorney, but I suppose that such discriminatory pricing is permitted because these companies are considered not to be providing a public accommodation. Moreover, many of these companies claim to scholarships rather than lower tuition. Finally, they claim to have a legitimate reason for offering these scholarships -- to increase certain populations' numbers within the tech field. So this could all be within the law.

But when I consider any of the following made up hypotheticals in other industries, I shudder:

Kroger automatically gives a 10% discount coupon on vegetables only to Black customers, and not to Hispanics, to increase healthy eating among blacks.
Apple gives a $100 gift card with purchases of iPhones only to Asian American customers, but not to individuals of other races. Reason offered is to increase wireless connectivity among Asian-American population.
Buffalo Wild Wings gives white diners, but not anyone else, a $10 gift card for every time they dine at the restaurant. Reason offered is to increase interest and participation in televised sports among white women, whose rates of interest lag those of men of all races.

And now it seems to me that it's grossly unfair to charge two individuals different prices for the same product solely on the basis of race, gender or similar characteristics. So I was wondering if there's anything legally wrong with the tech bootcamps' pricing policies.


texts: Why might a landlord spend so much time at the house they're renting? How do I resolve this?

texts:
Just moved into a new place... renting a single room with three other guys each renting their own rooms.  Ive been here a month; they've been here for significantly longer.
The landlord spends far too much time here.  She doesnt live here. She isnt working on anything, she isnt doing paperwork regarding the property or tenants, not doing maintenance, etc.  In fact, all she does is yoga, read, takes up space.  She consumers utilities - which she doesnt contribute paying to.
She rigidly dictates the common areas, furniture, storage, etc; we've basically been exiled to the bedrooms. We cant even cook in the kitchen because she's always using the oven and stove at the most inopportune times of day, yet is willing to criticize us for our microwave and canned food diets we've been forced into.
And she comes over 3 or 4 days out of the week, for 6+ hours a day. Just loitering. In a place Im paying her rent to have access to, to make my home.  I wonder if she'd do this if we four tenants were a single party and family of four renting the house.
Cant bring guests over because either she'd be in their faces in the living room (which Ive never been able to make my space and wouldnt feel comfortable in anyway), or she'd be spying on me outside my bedroom door "cleaning" and hounding me about overnight guests.
I know she technically owns the place.. but this is uncomfortable. And I feel like Im paying way, way too much in rent for what Im getting. No real house space. She wont let us use the empty garage for storage. She has keys to all of our bedrooms which Id be more or less fine with if she werent always here looking over my shoulder. I dont trust her to respect the sanctity of my bedroom, ie my privacy while Im away.  Its like she doesnt trust her own tenants.
Is there anything I can do?  Id be willing to breach my rental contract even and argue these points in court if I had to.  How do I approach someone about this disturbing behavior?  I feel like the landlord has breached contract by treating us this way, depriving us of the basic amenities that comes with renting a home, consuming resources without contributing to the bills, etc.


texts: Where can I find UK law on the way through Parliament (with effect before it has gone through)?

texts:
(Slightly different to this question: Where can I find actual UK law paragraphs?)

Basically, where can I find such details about laws that are "in-flight", more specifically laws that are on the way through Parliament to gain final Royal Assent, but will have effect before they do (unless they do not gain Royal Assent in the end)?


texts: France: Is it illegal to take videos of the police?

texts:
While in France, I was taking video of a police operation (they were evicting some squatters in caravans from a field, about 50 of them).

One of the police officers quickly approached me and asked me to stop, saying it's illegal, to give him my id etc etc....

Well, I offered to delete the video, and he let me go. Is it really illegal to take pictures/videos of the police in France (I was not really even focusing on the police, but on the caravans), or was he just abusing power?


texts: Under which German laws is it illegal to mock foreign rulers?

texts:
I read this (to me) strange article in the Washington Post saying a German comedian would go on trial in Germany for mocking the Turkish president.

It appears from the article that it's this whole politicized case with various German and Turkish politicians taking an interest. However, the case obviously still has to pass through regular legal avenues in Germany, with a trial, etc.

Under which exact German laws could this comedian plausibly be tried and convicted?

To clarify: I'm surprised that this is even a case. I thought the only exceptions to free speech in Germany were outright racial/sociological hate-speech and Holocaust-related topics. I am looking for an elaboration on how it's legally possible in Germany to put someone on trial for mocking a political leader (something that's often celebrated in democracies with freedom of speech.)

Was this a serious case of libel or slander?


texts: Is it infringement to give a link to a copyrighted file?

texts: Does posting a link to a copyrighted file, such that accessing the linked file would constitute infringement, but where the file itself is not on my servers, constitute any sort of crime or infringement?


texts:
So for the UK, the age of consent is 16, but there is some sort of law that prevents people over the age of 18 having sex with people under the age of 18

My question is: if two people, say ages 16 and 17 are in a sexual relationship and then 1 year later one of them becomes over 18, does this law still apply?


texts: Do lawyers have to prove their claim that they represent an entity?

texts:
I got a threatening letter from lawyer Y the other day. They claim they are representing company X. Since I wasn't sure, I wrote back, asking for documentation of their retention by company X. I also wrote directly to company X asking if they had retained Y as their lawyer.

No response.

Does a lawyer have to provide documentation that they are representing the company they say they are?


texts: Priority between signed contract and adoption agreement

texts: When a contract is signed, then the adoption agreement (that is supposed to mirror the contract) has a conflicting statement, which takes priority?


texts: The Ancillary Copyright in the European Union

texts:
On 12th September the European Parliament voted for an "Ancillary Copyright" (as well as Uploadfilters) for Press Publishers, which will hold even for smallest snippets of press publications:

https://en.wikipedia.org/wiki/Directive_on_Copyright_in_the_Digital_Single_Market#Article_11

But if even short combinations of several (or even single) words are falling under the Ancillary Copyright, any text might - just by chance - contain such a short snippet, that has previously been used in a press publication. How could the authors of blogs, scientific publications or similar texts ever be sure that their work doesn't contain such "random infringements"?


texts:
Assisting a relative with a small claims case (Ontario, Canada).

We are to serve the defendant's representative (a paralegal) that is operating under a P.O. Box in another city.

Are we legally allowed to serve by sending documents to the P.O. box with tracking to confirm it's been delivered?


texts: English name for Brazilian 'conduct adjustment agreement'

texts:
In Brazil, when some large companies are prosecuted for huge violations, sometimes judges and prosecutors understand that extreme actions are not the best way to mitigate the situation. Closing great corporations would leave thousands of people unemployed, people who often didn't anything wrong to be punished by the management acts.

So, in that case, they often do an special kind of agreement in which the company is obligated to do several changes in the way they work to keep running. The name such kind of agreement has could be literally translated to English as "Conduct Adjustment Agreement".

Perhaps I couldn't find so much references for such expression in web searches; most results are talking about how to translate the original Portuguese expression.

However, I don't think there must be a better name for this kind of agreement, maybe depending on the country itself, maybe something more "universal" among English-speaking countries.

Digging a little bit in the contract characteristics, I could even find an example of an agreement like this here. Except that it's a "Non-Prosecution" Agreement", it's something done before the prosecution (I guess, by the name). In my case it's signed after prosecution starts.

Could anyone help me to find a known and usual English name for such agreements?


texts: Client is refusing to pay invoice without W-9

texts: I have been working on a software project for a client for several months. Up until now, there have been few issues involving payment. Now that the project has come to an end, the client is refusing to pay the last of my invoices without a W9. It is my understanding that the W9 is filled out after the payment has been received. I have let the client know that I will gladly provide them with the form after receiving payment for services rendered. Am I misunderstanding how the form works? Isn't the form only necessary when filing taxes? What are my available options?


texts: How enforceable would a non-disparagement agreement be if one party has left the country?

texts:
The 2 parties in a dispute lived in British Columbia, Canada. It was an employment discrimination case. As part of the settlement, both the employer and employee singed an mutual non-disparagement agreement.

The employer refused to provide the employee with a positive job reference and denied all allegations of discrimination.

The employee left the country and got a new job and would now like to post disparaging comments about the employer on the internet.

How enforceable would that be from overseas or does it matter because it's the internet?


texts: Can I use a sports car in my TV commercial without asking the manufacrturers permission if I cover up the brand logo ?


texts: Section 107 and 108 of the 1976 United States Copyright Act

texts:
I have seen an book Chemistry Essential for Dummies on web which says that

  No part of this publication may be reproduced, stored in a retrieval system or transmitted in any
  form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise,
  except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act

Is it legal to download this book under the sections 107 or 108 of the Copyright Law?.I couldn't understand the sections since it's too lengthy and hard to interpret.Could anyone explain it in simple words.


texts: Would I be violating copyright by transcribing music that was written over 100 years ago, but published in 1992?

texts: A particular set of piano rolls were recorded before 1913, but to my knowledge were not published until 1989. The recordings are piano transcriptions of symphonic works, performed by their composer/arranger. The symphonic works in question were published well before 1910 and are currently in public domain. I am interested in transcribing the rolls to study the arrangement techniques of the composer. I would be using this information to reconstruct his arrangements of other works, and am interested in publishing my findings as it's for a thesis project. If I were to refrain from publishing the direct transcriptions, and considering that the symphonic works are in public domain, would I be violating copyright by transcribing the rolls for study? Is it possible that the rolls could be considered public domain as they are arrangements of public domain works published postmortem?


texts:
If I make a booking to rent a car or a motel - without paying a deposit, and where I have the option of cancelling without charge - and the company accepts the booking but some time later changes a material term of the agreement  (eg raises the price of the hotel or changes the pickup location of a car rental), was a contract formed and breached ?

The terms of the booking agreement did not have an allowance for the provider to cancel or modify the terms.

I'm asking this question as I'm unsure if the requirement of consideration has been met as no money has yet changed hands, and it is possible that money will not changed hands.


texts: Would pirating Train Simulator and all its DLC classify as Grand Theft?

texts:
The game Train Simulator 2017 infamously has over $5000 of DLC (downloadable content).

In the United States, the term Grand Theft is used for thefts of items over a particular value, anywhere from $200-$5000, and in Australia (where I live), there is no Grand Theft law that I am aware of, however thefts over a particular value (which I am unaware of) are considered a felony.

So, the question is, would pirating Train Simulator be grand theft/a felony?
I'm interested in answers with either Australian or United States law (or both).


texts: Can a reporter or journalist record your phone conversation without your notification?

texts: In particular, suppose a reporter or journalist calls a candidate for public office and starts asking questions. Is the reporter allowed to record the conversation? If so, is he required to notify the other person?


texts:
This is more of a theoretical question, but have been having discussions with coworkers regarding this and cannot come to a conclusion.

With the passing of article 13 in the EU, if a site chooses to simply block users from within the EU from accessing their site (I'm aware this can be bypassed with vpns and whatnot), can anything be enforced regarding possibly 'copyrighted' content? If a site had few enough European visitors, the cost of having to filter out everything may far outweigh the drop in traffic.

It may be to early in the game to know yet, I'm unaware of the finer details of said article but have a generalized understanding of it.

Note: I've tagged with both EU and US because I'm currently located and host my sites in the US. Unsure if the EU even has legal authority over what I serve here.

To summarise my question: Does the EU have any legal power over my site if I take reasonable steps to block web clients from within the EU?


texts:
My question is the following:
My great-grandparents were German. They never lost their citizenship. My grandmother was born in 1930 in Argentina (ius soli) and got married in 1950 to an Argentine (also of German descent, but no way to prove it).
My mother was born in 1954, so she couldn't become German by birth. Recently, a possibility opened for her and me to become German via naturalization.
However, this is where it gets complicated:

1) All the information available applies to people living abroad, while I am currently living in Germany

2) Here I have read that women marrying men between 1949 and 1953 lost their German citizenship if they didn't become stateless. My grandmother would fit this typology, meaning, she lost her German citizenship. This would mean that my mother would be in an even worse situation than I thought previously.

3) However, here I read that "A descendant born after a parent was deprived of his/her German citizenship and before the
parent's citizenship was restored also has a claim under Article 116 (2) of the Basic Law. This,
however, applies only if the descendant would have acquired German citizenship by birth under
the prevailing provisions of the Reich and Citizenship Law (RuStAG) or the Citizenship Law
(StAG), had his/her father or mother or his/her grandfather or grandmother not been deprived of
German citizenship."

I have read the StAG and don't know, whether it applies or not. I can't find the full text of the RuStAG. My questions are, then:

a) Does "restoration" equal "naturalization" or is it as if the citizenship were never lost?

b) Does my grandmother have a right to restore her citizenship or not?

c) Do I get the chance to get the citizenship by birth, in case my grandmother would be able to "restore" her citizenship?

d) Do I get the chance to apply for discretionary naturalization based on this, in case the former is negative? If yes, what are the differences for the groups of people in my situation applying from abroad, and people like me who are already living in Germany?

Any ideas would be appreciated!


texts: Is it legal to redistribute a digital copy of a library book?

texts:
My library provides two ways to get a digital copy of a book:

If the book is already digitized, then for a reasonable fee they allow to download it in PDF.
For another very reasonable fee, they allow to use my own camera and make photos of the book.

There is an old book (copyright is already expired), which I would like to share over the internet. Is it legal to just get PDF from them and share it, or should I create my own copy with a camera, or only the library has the right to distribute these copies?
Update:
I am located in Belarus. However, I would like to understand the international practice for this.


texts: Why do the litigants leave their paperwork as they exit on Judge Judy?

texts:
On TV's Judge Judy, at the ruling of a case, each litigant is required to leave their paperwork as they exit the courtroom.  This is especially notable because in nearly every case, both parties attempt to take them, and Byrd the bailiff instructs them that they cannot take the paperwork.

Why can't they take the paperwork?  Is this now the property of the court?  I've heard suggested that the parties should not be allowed to wield a potential weapon.


texts: How are US state laws that regard who can practice law constitutional?

texts:
I'm aware of a couple states that have alternative methods to become a lawyer but most states stipulate that all practicing attorneys must A. complete courses from a recognized college and B. stay in good standing with the state bar.

What laws give authority to the non-gov state bars, who in turn dictate which schools and education are required? Why isn't law practiced freely on an open-market where merit alone is all a person would need to build a law practice?


texts: Finding court cases involving some organization

texts: How can I find court cases that involve a given organization (e.g. some company)?


texts: When a pastor gets a marriage license from the state are they required to marry homosexuals?

texts: I've heard a lot of controversy over whether or not pastors who deny same sex couples should be fined, jailed, etc. If the pastor is licensed by the state don't they then have to be religiously unbiased like any government employee or establishment?


texts: Given I am selling my video software online is it legal not to sell it to certain customers who are supposed to use it for processing "adult" content? If they check a tickbox before purchase where they agree on not using it for such purpose, am I allowed to suppose the opposite and refuse selling it to them if their company website clearly indicates their business? I am in the EU and customers sometimes are too.


texts: My landlord's dog damaged my car. Who pays for the damages?

texts:
Last night my landlord's dogs bit/scratched/dented my vehicle and it looks quite costly to repair.  This has been confirmed on camera.  My landlord has asked for the bill to be split 50/50.  His reasoning is that:

He cannot control what the dogs do
The dogs provide security

Legally speaking (I live in Fiji), should my landlord pay for the full repairs or should it be split?


texts: Is there a difference between "faithfully executed laws" and laws which are technically executed but not "faithfully"?

texts:
I'm trying to persuade someone in a policy area to do something.  One of my points is that, supposing what they're already doing is technically legal, it is not "faithfully executing" the law.

In the abstract, is there any history that might suggest there are two differing standards of legality...one which is "faithful" and one which merely passes a base level test of legality?

Obviously I am referring to clauses in different constitutions which require the executive to (in so many words) "take care that the laws be faithfully executed."


texts: Can my landlord ask for a fee for a non-executed lease?

texts:
In my lease, my landlord stipulated that on or before March 1st, he was going to email us a new lease (presumably for the next year), and we had to respond within 5 days whether or not we accepted this new lease. We never responded, in part because COVID hit our area hard right after we got the email. One of my roommates and I were planning on staying, and one was moving out, but we couldn't find another person to take over her part of the lease. The landlord knew we were looking for another roommate and planned on staying, but we never formally accepted or signed the new lease.
Now, he's charging us $500 for withdrawing from the non-executed lease. Holding fees are illegal in Massachusetts, and he's confiscated a $300 key deposit to partially cover the charge, which itself was illegal but we paid anyway under the impression that if we gave the keys back, he'd refund the deposit. So, do we really owe him the $200, does he owe us $300, or does neither party owe the other anything?
here's the actual language in the lease:

PRIOR TO 03-01-20, LESSEE shall provide email notice to LESSOR of its desire to enter into a new lease upon expiration of the current lease. LESSOR shall then email terms of a proposed new lease and LESSEE shall respond yea or nay via email within 5 calendar days of receipt of same if it accepts /rejects terms offered by LESSOR. If accepted,   LESSOR shall email proposed lease dox. If rejected, LESSOR shall begin, and LESSEE shall allow, showing the unit to     others during hours between 10AM and 6PM with prior emailed notice to LESSEE. If LESSEE rejects LESSOR offer,   LESSOR rescinds all previous offers and LESSEE acknowledges that it will vacate the apartment at or prior to 12Noon on  the last day of the lease.

A fee of $500.00 shall be assessed by the LESSOR against the LESSEE in the event of the LESSEE withdrawing from an executed lease or non-executed lease prior to lease commencement date, but for which LESSEE has tendered a one month deposit, or more, or for which the LESSOR retains a last month’s rent payment from a previous lease, to remove the respective leased premises from those available for leasing to others

We lived in Boston, MA, if that's helpful.


texts: Is there a commonly agreed definition of "third party" or does a contractual agreement have to define the term?

texts:
Does a contract have to define "third party" or does it have a standard meaning of "any entity not a party to this agreement"?
If third party is not explicitly defined in an agreement between Party A and Party B, is Party B free to regard its agent, or any company it contracts with to perform services (even a company that is a competitor of Party A) to be not a third party?
Does the answer to these questions vary by jurisdiction?
I have seen the following explicit definition in a company's Privacy statement:

Third Party: any  entity that is not Acme Widgets, an Acme Widgets
employee, contractor, or agent.


texts: Am I Entitled to a Refund for Services Not Rendered?

texts:
I pre-paid for 12 months of a SaaS service.  At the time I paid, I was not sent nor emailed a copy of the Terms of Service.

Now 2 months in, this SaaS company was acquired.  I have no relationship with the acquirer, nor did I knowingly execute any agreement with the acquirer - how could I when they entered into the picture 2 months into my existing agreement with the SaaS.  However, as a result the acquirer is directing them to  shut down a part of the SaaS service.  The part getting shutdown happens to be the part of the service that I wanted, and paid for on the assumption that I would receive the service for 12 months.

Is this considered a breach of contract?
Am I entitled to a refund for the months where service is not rendered ?


texts: I purchased a vehicle with my money for a business and now the business owner is claiming it is his

texts:
There are two titles because the original owner thought he lost the title in the past and requested a duplicate title and didn't realized he gave me the original.
Using the original title I obtained insurance under the company name (not my company) but on the policy my name is under financial responsibility and driver.  The business owner found the title on my desk and signed the back of the title to his name and forged a bill of sale.
He then gave it to a third party company, when they tried to register the vehicle it was kicked back because the title was not valid because there is a duplicate title.
Now I have the valid duplicate title and the vehicle and the valid bill of sale in my name.  The company owner is threatening to call the police and report the vehicle stolen.  What do I do? Can I actually be arrested?