texts: Pay electricity bill after being evicted on no contract?

texts:
I moved into a house and started paying rent of $110 per week however I was unaware that none of the other tenants (and hence myself) were on a contract so we were essentially squatters. The electricity bill was also in the name of another tenant living there. After a while we were evicted by the landlord as we did not have a contract. This was a surprise and disappointment at the same time since I needed a place to live and study (I am a university student).

Now 8 weeks after we were all evicted the tenant that had the electricity bill received the final bill and now expects me to pay part of it despite the fact that I wasn't even living there for 2/3 of the billing period (4 weeks of the period I was there, then got evicted and 8 weeks I was not there and the billing period is 3 months or 12 weeks). My name is not on any rent or utility contract so I'm not even sure if I am legally obliged to have to pay that money to him (it's about $50). What are my options?


texts: What does a judge do if there was a leading question?

texts: What does a judge do is there is a leading question asked by one party towards a witness during direct examination, and the other party doesn’t object to it? I’m writing a paper on the procedure of court rooms, and I can’t seem to find an awnser to this question.


texts: Open release of a personal attorney email to a school board

texts: A school board gets an email from superintendent's personal  attorney restricting questioning of the superintendent. Is it legal to read publicly in an open public meeting?


texts:
On a highway through a rural area, the sign says "speed limit 70 mph." But, the one cop who patrols that stretch of highway pulls over and tickets anyone who goes over 60. In the last 10 years no one has successfully appealed a ticket he's written. From the perspective of the citizen, is the speed limit 70 or 60?
Clarifications: The state code says explicitly that only the posted speed limit is enforceable. The cop writes a speed over 70 on the tickets he writes, but whether he does so because his radar gun is miscalibrated, or because he is lying, isn't clear to the citizen.


texts: When I am inspired by code on Stack Overflow, and make workable code on basis of that code, is that also pastiche?

texts:
So I've been reading through the new copyright directive proposal and saw the pastiche exemption.

So take this hypothetical:

I forgot how anime.js worked to animate something.
I find a piece of example code on Stack Overflow that shows how it works to initalize it and to animate something to the left and then fade away
I write my own implementation without copying the original code in my codebase, that does a different animation, move to the bottom and fade in, inspired by the code example on Stack Overflow.

Would that be a pastiche? Or would that still fill under CC-BY-SA 3.0 because I took a work for inspiration, not copied it though, but created my own example inspired by that code, and am required to follow all requirements of the CC-BY-SA license?

The only references to pastiche I've been able to find have dealt with an artist reusing work for comedic or entertainment purposes from Britisch guidelines.

Miriam webster defines it as: a literary, artistic, musical, or architectural work that imitates the style of previous work.

Code is a literary work in my opinion. You write words in a document in a grammatically defined language, so theoretically with my interpretation, basing code upon someone elses code  could interpret that as a pastiche.

I'm mostly curious because of this part from the final text of the former article 13 text:

http://www.europarl.europa.eu/doceo/document/A-8-2018-0245-AM-271-271_EN.pdf

  The cooperation between online content-sharing service providers and
  rightholders shall not result in the prevention of the availability of
  works or other subject matter uploaded by users, which do not infringe
  copyright and related rights, including where such works or other
  subject matter are covered by an exception or limitation.
  Member States shall ensure that users in each Member State are able to rely
  on any of the following existing exceptions or limitations when
  uploading and making available content generated by users on online
  content-sharing services:
  (a) quotation, criticism, review
  (b) use for the purpose of caricature, parody or pastiche

Answers relevant to the European Union please, and i'm mostly interested if there are actual precedents for these "outlier" cases?


texts: Does the SEC apply to overseas investments?

texts: Would a US company issuing private stock outside of the USA have to comply with SEC regulations?


texts: Is it legal for an apartment manager to put advertisement stickers on my mail?

texts:
I'm in the US (North Carolina) I live in an apartment complex with 13 separate buildings that house around 700 total residents. The standard way that we receive packages that are too large to go into a mailbox is to go to the front office and sign to receive the package.

Recently management has started placing stickers (1.5in x 1.5in) on the all residents' packages advertising the apartment complex's push to get people to renew their lease.

Is it legal for them to put advertisements on my personal mail after they receive it from the mail carrier?


texts: Can I use trademarked names as example phrases in a commercial language learning app?

texts:
I'm developing a commercial app for learning Japanese targeted at manga/anime fans. It teaches how to read Japanese.

I had the idea of popular titles, most of which are probably trademarked, as example phrases. For example: Naruto (ナルト), Dragon Ball (ドラゴンボール), Gintama (銀魂) and so on.

It'd be akin to an app for learning English that uses the word Mickey Mouse to teach pronunciation, I guess.

Does this infringe trademark law? I'm not using clips or logos, just showing how those words are spelled.

Additionally, can I use a known quote (well, a meme) of a show in similar way without infringing their copyright? For example: omae wa mou shindeiru おまえはもう死んでいる. (in an parallel: does using "you're a wizard, Harry!" to teach English pronunciation infringe H.P. copyright?)


texts: Is it legal to pay a potential political candidate to do something that would disqualfy them from running for office?

texts: Before an election is it legal to pay someone to move out of a jurisdiction so that they will not be allowed to legally run for a specific office?


texts: Do public colleges in the US have to follow education laws on misrepresentation (34 CFR § 668.71-75)?

texts:
The registrar at a public college in the US claims that a lecture course is "substantially equivalent" to a course that was to be held in a lab to teach lab skills. They also claim that being a public institution makes it exempt to state consumer law and 34 CFR § 668.71-75.
Student me wonders if the registrar is mistaken. The change in venue was not announced until the first day of class.


texts: How does the statute of limitations on defamation work?

texts:
My understanding is that defamation has a very short window for a lawsuit, like one year.

So suppose a libelous statement was published in a widely circulated journal, call it the New York Times, and the victim didn't see it when it first came out. Going back through old copies of the Times, the victim saw it a year and day later.

Does that mean that the victim can no longer sue?

Why would this be? Or put another way, what is the theory behind it?


texts: Can customs taxes be considered as a breach of contract for online orders?

texts:
When buying products online with international shipping and getting hit by unexpected border control taxes (in Canada), does this constitute a breach of contract for the sale?

For example, you purchase an item worth 100$ + 20$ shipping. You agree to the price, the shipper agrees to your payment and ships the product.
When you receive said product you need to pay an additional 20$ worth of taxes that you never agreed to. The e-commerce website has no mention of extra border taxes being at our charge in their terms of use/agreement.

What's the situation here? Can I consider this a breach of contract. And if I can what can I do? Can I accept to pay taxes and ask them to pay them back? Or is my only option to just never pay and ask for a full refund?

Thanks in advance.


texts: Is Data Protection Officer obliged to conduct training of staff according to Article 39 of GDPR?

texts:
GDPR Article 39(1)(b) states:

  The data protection officer shall have at least the following tasks:

  (b) to monitor compliance with this Regulation, with other Union or
  Member State data protection provisions and with the policies of the
  controller or processor in relation to the protection of personal
  data, including the assignment of responsibilities, awareness-raising
  and training of staff involved in processing operations, and the
  related audits;

In my country (Poland), legal experts in their publications claim that this provision requires the DPO to conduct training. When I read this law in English, I have the impression that it is rather about the obligation to monitor training of staff. The GDPR translation into Polish is known to be full of errors, so I would like to know how it is understood in other countries and languages. So, is the DPO obliged to conduct training or not?


texts: In Illinois if an anonymous tips is made to state police, will they search or raid an individuals car/property?


texts: Is it legal to terminate employee after them not signing an optional contract?

texts:
I asked this question a few days ago at Workplace.SE community.

The contract stated what I mentioned in the linked question, plus that in twenty years his salary would be around 50-something thousand Euros.

Since the document was optional to sign and required Jim to take online courses outside working hours and pay for them himself, (also having a low salary raise) he decided not to sign it.

A few days after this event, the company notified Jim that he's being terminated, with the reason given that he wasn't planning to stay with the company long-term(20 years).

Can a company give this reason to fire an employee after they decide not to sign an optional contract? Is it legal in Germany?


texts: Why didn't Washington sue Trump directly in the Supreme Court?

texts:
Article 3 of the Constitution provides:

  In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

So far as I can tell, the Eleventh Amendment does not modify this in a way that makes a difference in this particular case.

Washington is a state, and it is party to Washington v. Trump.  Why is the lawsuit currently before a district court instead of SCOTUS?  Does Washington have the power to decide the venue?  If not, could the Supreme Court invalidate any rulings of the lower courts as lacking jurisdiction?


texts: Can I sue someone for publicly calling me a sex offender if I'm not one?

texts:
I was removed from the sex offender list by the state in May because I don't have a sex related crime, but I can still find myself posted on websites and posts labeling me as a registered sex offender.
Can I take legal action?


texts: Is Elon Musk's child name valid in California?

texts:
Elon Musk and his partner want to name their child X Æ A-12.

Is that name allowed in California, US?


texts: Would it have been legal to step in and prevent the death of George Floyd? (Interfere with arrest to save a life)

texts:
I know this is a viral topic right now but I don't mean to ask it simply for the sake of hype and controversy. I am genuinely curious about it. If this question isn't appropriate here, please advise me of a better place to ask it.

Here you can see the arrest of George Floyd (warning, potentially disturbing): [Link]. In the video you can see the officer lethally pinning Mr. Floyd on the ground. It seems neither of the two officers were aware that Mr. Floyd would soon die because of the pinning. Many of the bystanders were worried that Mr. Floyd was being seriously hurt, but it's hard to say if any of them knew that Mr. Floyd was in grave danger. In any case, none of the bystanders were able to interfere because either they then would be arrested, or the police might then have justifiable reason to shoot and kill them.

Question: Suppose you were a bystander and you 100% knew that if the officer (Derek Chauvin) continued to pin Mr. Floyd with his knee on the ground, Mr. Floyd would die. Is there any way you could legally interfere and save his life?

For example, would it be okay to step forward, announce something like:

  "Officers I am completely unarmed. The way you are pinning that man is lethal (for XYZ reasons) and he will soon die if you continue. Please detain him in a non-lethal way."

  (*wait 10 seconds)

  "Please stop or I will push you off. Once again I am totally unarmed (*show hands). I only wish to prevent you from unknowingly killing this man."

  (*wait 10 seconds)

  "I am now going to push you off." (proceed to push the officer off Mr. Floyd)


texts:
Insurance typically follows the car and not the driver, which means other licensed drivers can use your car. However, and I'm aware this is policy dependent, insurers generally do not allow for repeated use of a car by other drivers, especially if they live in the same household without being added to the policy.

However, imagine a scenario where one is the title holder and allows someone else that has been added to the policy to use a car. However, the person added to the policy lives with someone else and repeatedly allows that person to use the car against your wishes, which means the insurance company could potentially deny coverage.

Can you be held liable if the person (roommate) not on the policy gets in an accident even if the person that is on the policy didn't honor your request (you are the title holder)? In such a situation, should one retake possession of the car in order to avoid liability issues?


texts: Not getting refund on my credit card from a student accomodation

texts:
I am a Spanish post-grad who is doing an internship at a company in Dublin. I booked an accommodation with a student accommodation agency located in Dublin.

They asked for a full year deposit even though I was only booking for 3 months. When I get there the room was full of rubbish, vomit on the carpet, WiFi not working, shower not working properly, several knives stabbed on the walls...

I worked full time from Monday to Friday, waking at 6:30 AM and returning at 8:00 PM. Not a single day could I get my daily rest due to my "kind" roommates who partied every single day. I sent lots of email to the company, asking to get a room change. Time passed without reply, then I started to call to their contact phone and got no response. I finally decided to end the accommodation. They told me that they were sorry and that I would get my money back within 6 days.

3 weeks have passed and I have not seen any money.  I keep calling but they always say that they will call me back with the details etc... Are there any legal ways to get my money back?


texts: What's the difference between "void" and "voidable" as it relates to duress?

texts:
There are two types of duress. Those that result from threat of physical harm, can "void" a contract, and those from non-phsyical threats make a contract "voidable."

What is the difference between the two? Does "void" in the first case mean "automatic" void, and "voidable" in the second case mean that you have to take legal steps to enforce it?


texts: Which licence for a Python module with methods using optional GPL modules?

texts:
Suppose that I am developing a module A that should fulfill functions f1, f2, ..., fn.

It has methods A.do_f1(), A.do_f2(), ..., A.do_fn(), written in pure Python or using non-GPL modules that can be used in a proprietary software.

Suppose now that module B, under GPL, can fulfill functions fi and fj.

There are two cases:

Case 1 : A has no method for fulfilling fi and fj, and I write methods A.do_fi_using_B() and A.do_fj_using_B() which, if module B is installed, import B and call B.do_fi() and B.do_fj(), or return an error if B is not installed.
Case 2 : A has alternative methods A.do_fi() and A.do_fj(), and I write the same methods A.do_fi_using_B() and A.do_fj_using_B() as above in order to let the user choose between alternative implementations.

I don't want to use a GPL for module A. Are the two above cases equivalent in this respect?

I can't understand how to apply the GPL FAQ (#NFUseGPLPlugins) when it comes to optional Python modules. It says: "If the program dynamically links plug-ins, and they make function calls to each other and share data structures, we believe they form a single program, which must be treated as an extension of both the main program and the plug-ins.".

If I strictly apply what I read, if any GPL module can be imported and used by A, it is in the same Python kernel instance and shares data structures with A through its methods, so you just have to license A under a GPL-compatible licence?

Main question: Can I license module A under a non-free licence if it provides in its API optional functions that will embed the use of GPL module B?


texts: How can casinos take "extrajudicial" measures against card counters?

texts:
"Cardcounting" is technically legal, but frowned upon by casinos, because it violates the "unwritten law" that casinos are supposed to come out ahead. When card counters are caught, casinos can expel them under threat of being charged with trespassing.

But apparently casinos sometimes do more than that, like refusing to cash out their chips, or taking card counters to back rooms for questioning. (Detention and questioning are powers supposedly reserved for law enforcement. The casinos are only supposed to detain people until the police arrive.)

How do casinos manage to conduct such "extrajudicial" proceedings? Do the police and courts turn a blind eye to them because the casinos are important to the local economy?


texts: How is the UK Supreme Court able to void the prorogation of the UK Parliament?

texts:
In the UK, in practice, the government has power, but in theory the power lies in the hands of the Monarch, who acts on the advice of her Ministers.

The Prime Minister advised the Queen to prorogue Parliament, and she duly did so. The Supreme Court has since found that that advice was unlawful. Therefore, they say, Parliament has not been prorogued.

  “This court has already concluded that the prime minister’s advice to Her Majesty was unlawful, void and of no effect. This means that the order in council to which it led was also unlawful, void and of no effect and should be quashed. This means that when the royal commissioners walked into the House of Lords it was as if they walked in with a blank sheet of paper. The prorogation was also void and of no effect. Parliament has not been prorogued. This is the unanimous judgment of all 11 Justices.”

How, though, does this jibe with the legal fiction that Her Majesty has the power to prorogue Parliament whenever she so wishes, and that the Prime Minister merely advised her to do so, having no power to order her? If his advice was unlawful, surely her action in response to that advice was nonetheless lawful, as the fiction is that she acts in her own right, not merely as an automaton controlled by her Prime Minister.


texts: Does this non-compete clause basically mean the signer can't work in a similar job for 6 months after quitting?

texts:
In a non-solicitation contract there is a section that reads as follows. Does this bar the signer from working in information technology sector for 6 months? Put simply, does this means he would have to wait 6 months before working at a job in a related field? Is this enforceable?

For six (6) months following the termination of my employment with
SpecialCorp, I will not, without the prior written consent of
SpecialCorp: a)         have any direct interest in or own; or b)
act as an officer, director, agent, employee or employee of; or c)
assist in any way or in any capacity,any person, firm, syndicate,
partnership, association, joint venture,collaboration, or other entity
that is engaged in a business that is in direct competition with the
business engaged in by SpecialCorp within BC. For greater
certainty, I agree and understand that SpecialCorp provides the
following services: information technology.


texts: Does my neighbour have to return my football?

texts:
I kicked a football into my neighbour's back garden.

Is my neighbour legally obliged to return it? If not, what restrictions govern his use of the football?


texts: Do French labor laws allow for the firing of employees for scheduling disagreements?

texts:
I'm doing research on the effect of highly restrictive working conditions on poverty. More specifically, I'm investigating how a number of low-skill, shift-work jobs in the United States, like fast food workers, retail employees, and cleaning staff, present frequent examples of workers being forced to work unusual hours and strange but not necessarily illegal working conditions under threat of firing.

I've found numerous examples of employees of small restaurants, large and small retail, petrol station employees, and other shift work being hired on reasonable hours and working conditions, and then gradually being shifted to very inconvenient hours and threatened with working those hours or losing their positions.

One man working as a line cook was scheduled to work four times a week, Mondays at night, Thursdays at night, Fridays during the day, and Saturdays during the day even though he specifically informed his employer he could not work on Saturdays as he had another job then. At risk of losing his job, he said he could possibly work every other Saturday, and was at once rescheduled for every other Saturday until the end of the shift schedule. In the coming weeks, the missing Saturdays were added to the schedule, and he now works every Saturday against his will.

Because there are no obvious labor laws being broken, and the legal system is often financially inaccessible to the working-class employees of such businesses, this is rampant among certain American industries. My research now brings me to evaluating the laws that allow such conditions to flourish in the US, and I'm trying to decipher the equivalent laws in France as a comparison, which my research so far suggests that once hired, employees in France are significantly more difficult to remove than their contemporaries in the US.

Do labor laws in France allow for the removal of employees because of scheduling inconsistencies, or indeed non-behavioral grievances on the part of employees?


texts: Is mandatory binding arbitration enforceable if the contract violation is also a criminal violation

texts: Given a standard contract between companies that include mandatory binding arbitration for any contract disputes:  Is arbitration still mandatory when the contract violation is also a serious criminal violation?


texts: What legal measures do venture capitalists employ to protect their investment in a startup?

texts:
Worst case founders can just run away with the money.

They can also kick the VC rep from the board since they own majority share.


texts: Can a school punish you for appearing in court?

texts:
My friend missed an assignment in school because of a mandatory court summons. The teacher gave him a failing grade, and overall his grade dropped 3 letters for something he couldn't control.

I'm almost certain that work and school have to give you an excused absence for attending court. If this is illegal could someone give me the law that says so?


texts: Employer Terminated employee during covid-19 crises

texts:
From the past six months, I was working for a tech company as an Independent Contractor in the province of Ontario. The contract states that "At the end of the ninety-day probationary period, the position will be reviewed, and if satisfactory, the continuation of this contract will be confirmed at a rate and engagement model agreed by both parties."

After 90 days of my contact, I started approaching my Boss who is also the MD of the company. He promised me to put me on payroll (verbally) and make me a full-time employee. As I was on a Canadian Work Permit he even said that he can also help me with my Permanent Residency. So I followed by sending my PNP (PR) documents to him via email.

Two weeks went by and in my 5 months when I don't see any ongoing communication from him regarding my Full-time employment and PR. I approached him again and asked him which then he said that the Month of February is our Financial year and I have to wait.

Here come march and Still no talks from him regarding my situation. I booked some time with him to go over my situation and then he started to point gaps in my performance and said that I have to wait for more. On April 1, 2020, he terminated me from the company during the ongoing crises of COVID-19 when I need the job desperately. As no other company is hiring right now. I was furious and was not sure If I can do any Legal action about it.

Any suggestions will be appreciated.


texts: How to handle a mistake from my electric company that might mean a large bill?

texts:
Me and my partner moved into our rented home about a year ago. My partner called the electric company to change the pre-payment meter that was installed for a monthly-billed meter and move everything over to our name.

The engineer came and changed the meter and everything was sorted.

Then, a few days ago, I received a letter from the electric company telling us "you haven't topped up your pre-payment meter in a while". Sure enough, when I checked my bank account, I couldn't find any payments taken by them.

It appears the electric company didn't register the property as a monthly payment property properly.

Do I have any argument legally to stop myself being hit with a year's bill all at once?


texts: Relicensing software under GPLv2+ without all contributors

texts: I have software licensed under GPLv2, which I would like to relicense under GPLv2+.  Unfortunately, I an unable to contact some of the contributors.  Can I proceed, or am I stuck?


texts: Difference between felony assault of an adult vs felony assault of a minor?

texts:
I recently asked this question describing a hypothetical grievous assault scenario. I thank those who answered for their specific / accurate info.

I want to further understand how it affects the scenario if the person is not an adult, but under the age of 18.

Possibly you can see where I'm going with this ...

Scenario adjustment #1: The victim is a minor
Scenario adjustment #2: The victim is an infant, and the suspect is a parent
Scenario adjustment #3: The victim is an infant, and the suspect is a
non-medical person commissioned by the parent to do this
Scenario adjustment #4: The victim is an infant, and the suspect is a
medical person commissioned by the parent to do this

UPDATE:

So my previous question had 3 answers after 6 hours. Somehow I feel this is going to be a tumbleweed question.

I am seeking to understand:

Why is such an action a felony crime or GBH on an adult, but not a crime on a minor?

What is the legal basis for that?

FURTHER UPDATE

I'm looking for a specific legal framework or document or law, which provides for / accounts for the difference in handling this scenarios, please.


texts: What happens if Federal Courts contradict each other?

texts:
Regarding the recent travel ban, federal judges in Hawaii and Maryland both ruled against the ban.
What would have happened if one of those judges ruled against the ban and the other did not?


texts: Who is eligible to attend US public high schools?

texts:
A teen who's a US citizen grew up and studied in a foreign country. He wants to return to US.

Would he be eligible to attend public high school in the US (grade 10-12)?

He isn't paying US tax (his parents aren't US citizens). But he's going to living in his friend's house though (who's a tax payer).


texts:
Someone owes money in Australia, Can I file case against that person?

He owes more then $14K+ and he does say he will pay back, but he hasn't made any payment and does not attend calls anymore, it's been over year now.


texts: How does the Supreme Court ruling in *Fourth Estate* not undermine the DMCA's notice-and-takedown process?

texts:
The Supreme Court recently ruled in Fourth Estate v. Wall-Street.com that copyright registration occurs (and thus an infringement action can be brought) only after the Copyright Office takes action and registers, or declines to register, the copyright at issue.

How does this not undermine the DMCA's notice-and-takedown process?

For example, if a web news media outlet were to upload a copyright-eligible breaking news video to YouTube and the next day discover that their video had been re-uploaded on another platform, the usual go-to option for recourse is to file a DMCA notification of claimed infringement.

The alleged infringer may in turn respond by filing a counter-notification, to which the claimant must then respond by either (a) doing nothing, or (b) filing suit within fourteen days.

How is that latter option still available in light of the court’s ruling in Fourth Estate?

I know that preregistration is one option. It's not a financially viable solution, though, and almost no one uses it.


texts: I recently encountered a situation where the car in front of me did not have any functioning brake lights. Unfortunately, I didn't get the license plate number, but in the future, how should this be reported? The only thing I could find online was something on answers.com, but I don't exactly take such a site as gospel truth and am looking for further information here.


texts: Can an employer apply for exemption from the WARN act and NJ S3170?

texts: My employer is expected to release details regarding mass layoffs this week. From what I have found through research, the federal WARN act and NJ S3170 (as the employer is in NJ) come into effect here. The WARN Act stipulates, roughly, that employees must be given a 60 day warning prior to mass layoffs. NJ recently implemented NJ S3170 which extends this calendar warning to 90 days, and also requires minimum 1 week of pay per year of service as a severance. My question is, are there any exemptions allowed? Is there any way an employer can skirt around these laws and mass layoff workers without the calendar warnings? I ask because I brought up these laws to a colleague who brushed them off, claiming the employer could 'easily apply for an exemption'. Is this possible?


texts:
If one lives in NJ and purchases a car in NYC, by law are they covered under the NYC/any lemon law warranty? (assuming the car miles etc meets the lemon law requirements)

I read the NY Attorney General's web site and it explains broadly what/what's not covered, but it doesn't explicitly says anything in regards to out of state buyers.

I called the AG office and left a voicemail in regards to my question, but the person did not return my call as yet.

Thanks


texts: Does an appeal of right that is not heard or briefed remain an appeal of right if dismissed and brought in front of the Supreme Court on a jurisdictional appeal.  Also, on that appeal, would the brief,be based on the dismissal of the appeal itself for a minor technicality or would you cover original case?


texts: Can a family member's personal property be repossessed for debts? (UK)

texts:
If I live in a house owned by someone in debt, can a repo man repossess my personal property -- e.g., my computers?

I live with a person who does not have a good credit history, so I constantly get these worries.


texts: Can reading a something mean agree to to a contract?

texts:
I understand that a contract can be created by the actions undertook by the involved parties. When you visit a website you agree to the ToS by using the website (regardless if you read it or not). Related to my previous question I had an employer deduct a small fee to process my payment, they argued that they were allowed to because it stated they would on the website I had to use for the job. Does this even form a contract?

Another example, I went to a library and started using a computer. The librarian came up to me and pointed out a sign saying I had to pay before using the computer (which is uncommon where I live). Is there a contract formed by just having a sign? Hypothetically could the library sue me for not paying?

Further, if there was a sign on the door to a private building saying you have to pay $20 to enter, if you didn't read the sign and entered, could the owner demand $20 from you?


texts:
The US census is in the process of conducting its regular American Community Survey, which has received some notoriety due to some of its invasive questions, to the point where people think it's a phishing scam.  Answering the survey is apparently required by federal law under U.S. Code: Title 13.  In particular, you can be fined $100 if you refuse to answer any of the questions.

In practice, it appears that this fine is not regularly enforced, but suppose that someone objects sufficiently to the questions that they would rather pay the fine than answer.  However, my understanding is that, in such a case, the census bureau has been known to pursue non-respondents quite aggressively, including frequent phone calls and visits to the home.

In this kind of situation, where the action is illegal (and there is a legally-authorized fine), what are a non-respondents' options in dealing with harassment by census bureau employees.  E.g., are census workers allowed to enter a home without permission?  Are they required to leave if asked?


texts: Is it legal to film in a venue (e.g. bar or nightclub)?

texts:
Is it legal to film inside of a venue such as a bar or nightclub?
The film would be used for marketing material for a business.


texts: Are Performances provided for charity a valid tax deduction?

texts:
This is a tax law question.

I portray Mark Twain in a one-man performance I conceived, wrote (predominantly based on Twain's words, of course), and "direct."

I would be willing to appear at times to raise money for "charity," IOW without charging for my performance. Is it legal (according to the IRS) to count these gratis performances as "contributions" that I could thus subtract from my income so as to reduce my tax burden?

If so, what do I need from these organizations for which I provide a free performance? Would it be a document that says, in effect, "Clay Shannon donated $___ to us by providing his performance free of charge" (where the monetary amount is the amount of their ticket sales) or what?

A side question is, can I require these organizations to pay my expenses (travel, lodging, meal[s]) so that I need pay nothing out of pocket to provide the performance, or would these costs have to be borne by me and only be deductible as a further charitable contribution?


texts: Difference between Constitution and other administrative law

texts: I am asking this mainly with respect to rights. There are certain fundamental rights in India (and in several other jurisdictions ) (but I am asking with respect to India) like right to freedom and so on. These rights are provided by the Constitution. There are on the other hand other rights like those to information and right to privacy that are provided through civil law or administrative law or hounourable court's order. My question is why can't all rights directly come from the Constitution? As far as I knew constitutional law mainly deals with the functioning of states and governments so why encode certain rights directly into the Constitution while others as separate law?


texts: What is the distinction between "reduce" and "suspend" in the context of government action?

texts: I am curious about the distinction between the term "reduce" and "suspend" in the context of government action, specifically as to whether or not the term reduce would require permanence. For example: If the government were to "reduce" its arms sales to a certain country, would that mean that reduction is permanent or would the government restart sales later on? Would it be appropriate to say that a reduction of government arms sales could be temporary?


texts:
I have a software that is used by almost every country. I can not know what each country have as restrictions their laws.

Can I provide an EULA and say:

  By using this software, software developer can not be hold liable for
  anything in any law jurisdiction and you are the responsible for any
  possible law penalty that might caused by using this software.

I do not want to be held liable for anything for my software. My software does not do any harm at all but I want to protect myself from any rare law condition.

Software and Usage Example:

My example software simply downloads Facebook videos for the user.
Downloading Facebook videos are not allowed by Facebook TOS. Facebook
may cancel user account if it detects account owner downloaded a Facebook video.

Given both facts, user may sue me because of using my software that downloaded the video which caused her/him account to be canceled. Download action is done by my software. User may simply claim she did not know her account would be canceled by using my software.

And Facebook may sue me for downloading the Facebook videos. But the software runs on user computer and video is kept in user computer. Can software developer be hold responsible of a TOS breaking user action?

Given the answers by you, I can not think how can I protect myself for these circumstances and different country laws?

Can't I say my software is for education and can be only used as an experiment for video downloading in the EULA? Am I still bound to the infringing actions of users that use my software?


texts: Are there any protections or policies people do differently in case of a large scale police walkout?

texts: Recently Atlanta has begun a police walkout, in which the police in certain zones are no longer able to respond to the majority of calls. In case something like this happens where I live, are there policies in place that a business or home owner needs to know in case of a break in? In particular if I stop someone at gunpoint, am I allowed to now hold or transport a person I find breaking and entering if the police cannot come to take them? Do I just let them go?


texts: Can republican advocacy be grounds for discrimination in the UK?

texts:
In the UK there exists a republican movement (i.e., those advocating for the replacement of the monarchy), chiefly focussed around a group called Republic.
Technically, advocating the establishment of a republic—even through peaceful means—is still illegal in the UK (though currently not enforced due to incompatibilities with the Human Rights Act 1998). However, the HRA appears to be firmly in the sights of the current government, so that might not be the case forever (though I imagine ‘bring back treason’ might be a hard sell, politically).
However, MPs who refuse to make an oath/affirmation of allegiance are treated ‘as if they were dead’ if they try to vote or join a debate, so it is clear that republicanism can still cause headaches in modern Britain.*
On the other hand, the Equality Act 2010 defines ‘philosophical belief’ as a protected characteristic that cannot be discriminated against, though with some exemptions. Republicanism appears to fulfil the criteria for such a belief.
Given this somewhat ambiguous legal environment, my question is: is it legal to discriminate against someone in the UK for peaceful republican advocacy, such as paid membership in a group like Republic?
And then some sub-questions:

Given that an oath/affirmation of allegiance is required for membership of the Armed Forces,† Parliament, etc., can these organisations deny or revoke membership for republican advocacy (provided they still make the oath/affirmation and don't breach other rules, such as claiming to represent the Armed Forces at political events)?

If the answer to #1 is ‘yes’, is this different for the reserve forces?‡

Can such advocacy be grounds for refusing meetings with royals?§

Notes
* Famously, Irish Republican party Sinn Féin refuse to take up their seats in Westminster for this reason. Other republican MPs have tried other tactics.
† The Armed Forces are explicitly exempt from four of the protected characteristics of the Equality Act, though not belief. As an answer to a previous question of mine explained, however, conscientious objection is nonetheless grounds for refusal or dismissal, so that appears to be a de facto exemption.
‡ Section 7 of the Reserve Land Forces regulations 2016 (for example) explicitly states that ‘Officers and soldiers of the Army Reserve...have the normal rights and responsibilities of citizens of the United Kingdom’, as opposed to Regular Army personnel.
§ Part of the reason I'm asking this question is also how I first heard of Republic - someone told me they had purchased membership for a monarchist friend as a joke, and that as a result they would never be allowed to meet a royal. However, I've not been able to find any evidence that this would be the case.


texts: UK Consumer Rights - Closed-loop watercooler leak caused damage to other components

texts:
I received a replacement closed-loop (meaning it does not need refilling and has no way of leaking) watercooler from a very well known company as my old one had a failed pump. Within a couple of days, this new watercooler developed a leak and caused a motherboard/CPU failure.

At this point, per the Consumer Rights act, what can I demand of the manufacturer? I've been told mixed things so far. Some people say that I can only ask for a replacement watercooler, and other people says that it is in the act that they must replace the damaged parts also as the cooler was not fit for purpose (and effectively went out in a fit of mutually ensured destruction).


texts: Can a sitting president of the United States be indicted by one of the states?

texts: Some lawyers say a sitting president cannot be indicted, other lawyers disagree. Apart from that, does what they are saying apply to both federal and state indictments? I mean could the president be indicted by the state of New York, say?


texts: Recording a phone conversation with customer support/sales

texts:
I understand the law about private communications in person and over the phone not allowing recording. However, in cases where a consumer records a conversation between him and a company offering them service (e.g. Comcast Cable), and before the human conversation begins there is a recorded notification that the call will be recorded for quality assurance, doesn't that count as consent? If anything, it proves intention for the business to record the call!

Thus, in a two-consent state such as California, if I were to record my call to Comcast, and that notice was heard over the phone, both parties (myself and the employee speaking with me) have consented by taking the call. Would this be legal then?


texts: What recourse does a patient have in the event of accidentally false medical records?

texts:
This story relates to my husband. He's 35 years old and had a vasectomy a few months ago. After the waiting period, he underwent the lab test to check that the procedure was successful. A few days after submitting his sample, he received an email from the urologist's office saying he had new information in his record (online patient portal).

To his excessive surprise, the new information was NOT the results of the lab test, but was in fact a record of a cancer diagnosis. Double testicular cancer, to be precise. After a bewildering and frantic hour, he was able to get confirmation from the urologist's office that no, he doesn't actually have testicular cancer. An orchiectomy (testicle removal) had also appeared on his record, although this was clearly false, if only due to the date on the record; the office confirmed that also didn't belong on his record. This was all an accident made by someone in the office, presumably.

A few weeks later, after many phone calls and two in-person visits to the office, the cancer diagnosis moved to a classification as a past condition, implying that it had been cured. The patient portal is handled by some other group, and the office claims they don't have the ability to remove records, hence the large volume of phone calls and trying to reach someone who does have that ability. Eventually, one cancer diagnosis was removed, but the other testicular cancer diagnosis and orchiectomy remain.

It seems clear that having this appear on his medical record will affect my husband negatively, at the very least in regards to insurance. And, as one can imagine, this has been a traumatic emotional experience for him. So here are my questions:

1. What, if any, law is being broken by the accidental addition of false information to his record?

2. What is the best way to actually enforce removal of the false information?

3. What kind of recompense can we seek, or expect to get, from this situation? (I.e., would it be reasonable to demand that the office reimburse him for the cost of his procedure?)


texts: It is considered fraud to register a business just to get store discounts / benefits?

texts:
I went to this store where in order to buy merchandise, I need to have a membership card from them, but in order to get the membership card, I need to own a business. I found that some of the things that they sell are very cheap, so if I am able to get the membership card, I might be able to save a lot in groceries. But here is the thing: I do not own a business.

I was wondering, it is illegal/fraudulent to register a new business, just to be able to get the membership card from the store?

Assume that the business will not offer any services and will not sell anything (which I do not know if this is possible at all). It will solely exists to get the membership card from this store, and to get other business discounts.


texts: What "meritless patent litigation" has Facebook been victim too that the BSD + Patents license would prevent?

texts:
Facebook claims here,

  The patent grant says that if you're going to use the software we've released under it, you lose the patent license from us if you sue us for patent infringement. We believe that if this license were widely adopted, it could actually reduce meritless litigation for all adopters, and we want to work with others to explore this possibility.

Does Facebook have any reason to believe that? Have they ever been a defendant in a patent suit by a company that used products that they released under the BSD license? It seems like they're trying to turn their software into a legal weapon.

I sense drama here, and I just wanted to know more.


texts: Why was no constitutional amendment needed to change the rules on succession to the Canadian throne?

texts:
In 2013 a statute altered the rules on succession to the throne in Canada. (Specifically, if a woman is the eldest child of the monarch then she inherits the throne upon the monarch's death even if she has a brother. Earlier, a woman could inherit the throne only if she had no brothers.)
Juxtapose this with the fact that nothing short of a constitutional amendment could make it lawful to build a bridge connecting Prince Edward Island with the mainland, and it seems weird.
In Canada maybe it's not as easy as in the U.S. to discern which parts of the law are to be considered part of the constitution. (By comparison.) But this seems "constitutional" if that means how the state is constituted.
Why was no constitutional amendment needed in this instance?


texts:
My contract (Delaware Law) doesn't specify how notices have to be delivered.

By default, is email a legal notice ?

I want to terminate a contract and have to notify the person of the termination.

Thanks !


texts:
My understanding of Spanish Law is as follows:

14 is usually the age of criminal responsibility.

Menores de edad from 14 to 18 can only be given a maximum sentence of two years in prison per crime.

What would happen if a 14 year old minor did a serious crime, for example murder, but the police only discovered the crime and arrested the person when they were 26? Would they get two years, or tried as an adult where the sentence is much longer?


texts: How is digital property protected by the fourth amendment?

texts:
I recently watched a documentary called Deep Web. It featured the drug market on the deep web and the arrest and trial of Ross Ulbricht. He was indicted on charges for drug trafficking over the deep web among others. The FBI hacked into Ulbricht's computer to find evidence against him, which the defendants claimed as unconstitutional since it was a search and seizure of property without a warrant. According to the documentary, the FBI simply dismissed the claims.

The movie was clearly biased towards Ulbricht, so I didn't get the full story and I suspect some of the information was somewhat skewed. But it raised a good point, the FBI did hack into Ulbricht's computer, which is his private property, without a warrant. On what basis would this type of action by the FBI be justified/legal?


texts: What would happen if you can't pay because your credit card stopped working?

texts:
I'm interested in situations were you pay after you use or consume something (like eating at a restaurant or renting something). What would happen if your credit card stops working before you pay?

In my job I am given a company credit card. Once it stopped working (I called my manager and she said everyone was having issues) but I was able to pay out of my own pocket and get reimbursed. What would happen if I didn't want to or wasn't able to pay out of my own pocket?


texts: Could Executive Order 9066 be repeated with other groups today?

texts:
In World War II, Executive Order 9066 suspended basic rights of Japanese Americans - even people whose loyalty to the United States was never questioned, though the government feared the group as a whole might contain some spies - and led to a lot of people (>100K) being rounded up and kept at internment camps.  Korematsu v. United States ruled this was constitutional.

Today, in the "War on Terror," at least one politician can make surprisingly strong statements about plans for negative treatment against large groups of people (e.g. Muslims) because of concerns that a small minority of them might be radical enough to kill a bunch of people, and [the politician can] remain surprisingly popular.

Supposing such a candidate were elected President, could that President do something like Executive Order 9066 again today?

If not, specifically why not, citing what's changed about the US constitution between WWII and now to prevent that?

Answers that just say "no political leader would try that because it'd be so unpopular" are not satisfactory answers to the question and not consistent with the evidence of what happened before and what is happening in present polls.


texts: Is it legal to guide someone to suicide?

texts:
The context here is a video game, which I won't name as it'd be a bit of a spoiler, but the relevant part of the plot is: The deuteragonist's boyfriend was guided and goaded to suicide by one of the antagonists, who gave full details on how to end his life, how to obtain the materials, etc, etc, etc. The story took place in England, but I'm looking for general viewpoints that would apply to multiple jurisdictions.

The deuteragonist went on a quest of vengeance, rather than seeking legal recourse. My question is: Had she been able to positively identify the person who did this, would he have been able to be charged with a crime? Or alternatively, would she have been able to sue him in civil court?

All the materials used were completely legal (I'm not 100% sure if the physics and chemistry actually work, but I'm not asking about that). There were significant difficulties in identifying the person behind the user name, which constitute a significant portion of the game's plot, but if there'd been anything definitely illegal happening, it would have been possible to bypass a lot of that via a subpoena to an ISP. But if what he did wasn't illegal, then the next question is: what is the legal status of a vengeance rampage against him? I suspect she may possibly have been opening herself up to some serious criminal charges.


texts: Build upon parts of CC BY-NC-SA 2.5 in a paid, educational content

texts:
I am reading some great articles licensed under CC BY-NC-SA 2.5.

On the License's site, I read that this means it's

  Non Commercial: This means that I "may not use the material for commercial purposes."

Tooltip for Commercial Purposes is:

  A commercial use is one primarily intended for commercial advantage or monetary compensation.

In the FAQ

  Do Creative Commons licenses affect exceptions and limitations to copyright, such as fair dealing and fair use?

  (...) CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions (...)

On the Limitations and exceptions to copyright [Wikipedia] page I read that in the case of educational content, limitations and exceptions to copyright may apply.

I might want to create tutorial videos and sell them online in the future that might contain quotes from content licensed under CC BY-NC-SA 2.5.

So my question is: Can I build upon parts of CC BY-NC-SA 2.5. content in a paid (so I'd charge visitors) and educational content.


texts: Break Contract after company sells to new owners and changes names

texts: Company A signs a contract with company B, a scrap metal vendor, to buy all of company A’s scrap metal produced. Company A sells out to new owners and changes names. Company B continues to purchase scrap metal from the new company A under the contract terms. New company A wants to change scrap vendorswhen the contact expired, but there is a 1 year auto renewal clause if Company A does not give 30 days written notice from the expiration of the contract. Since Company B did not sign any type of Novation to the new Company A’s name is the contract null and void?


texts: Which 'condition' fits "‘basis’ or condition on which the benefit was transferred"?

texts:
Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 465

Which of these three homonyms fit the 'condition' colored in green beneath? p. 449.


texts: What compensation could a UK property buyer get if the seller pulls out after exchange of contracts?

texts:
Imagine a chain free buyer has transferred a 10% deposit and contracts have been exchanged on a property he/she would like to buy.

If he/she pulls out, this deposit would be forfeited.

In the English market, which seems more geared towards sellers, much reading ignores the opposite situation, the case of the seller pulling out.

In that case it would seem fair if the buyer was compensated in addition to the deposit plus interest, legal fees and possibly housing costs, as for instance house prices could have gone up by thousands or tens of thousands during the 2, 3 or more months it may take to get from non-binding verbal agreement to exchange of contracts.

(I guess nothing prevents people including that in the contract, but also that sellers might balk at the idea as I do not think that is traditionally done.)

What could the buyer realistically expect in this situation?

Would it depend on whether:

The buyer was not chain free?
There was a chain on the other side of the seller?


texts: Jury completes deliberations, but a juror dies before the verdict is read

texts:
Suppose a person is on trial for a serious crime and the case has been sent to the jury.
After some deliberation, the jury comes up with a guilty verdict. Before it is read in court, one of the members of the jury complains of chest pain and needs to go the emergency room.
This juror is rushed to the emergency room for medical treatment. He dies in the emergency room. Does the verdict stand?


texts: Who (according to the law) is allowed to access confidential information?

texts:
Take the following scenario,

  I own an institution and have recently employed a system which involves a questionnaire/feedback form which gives the new starters the ability to give feedback on their experience settling in and other areas of the institutions. The questionnaire/feedback form in question is strictly confidential and they are allowed to request to see it and update their answers anytime they feel. The feedback forms will be held by the administration team, roughly 2/3 people who manage all the office work.

My question is as follows,

Who (according to the law) is allowed to access these feedback/questionnaire form or is that up to institution?

Is there anything else in regards to the DPA that needs to be considered?

The paper copies will eventually be turned in to digital copies through Google Forms so in terms of security they will have that covered.


texts: Data & privacy: what is the actual extent of this audio/video approval form?

texts:
In the context of a tech conference I'll attend, a big tech company is organizing a social event which requires to RSVP. The process involves a form, with an obligatory check box to the following terms of agreement:

  Photo/Video Approval: By submitting your response below, you agree to the following: I grant to COMPANY NAME and its subsidiaries, affiliates, licensees, successors, and assigns (collectively, “COMPANY NAME”) an unrestricted, sublicensable, assignable, irrevocable, perpetual, worldwide, royalty-free license to my, and my minor child(ren)’s (if depicted), voice, image, persona, likeness, and performance in any audio, visual, and audiovisual recordings (including, but not limited to, photographs, digital images, digital video, digital audio, video tape, and audio tape) taken of me by or on my behalf and submitted to COMPANY NAME (the “Content”). This license includes the right to: 1. Reproduce, modify, create derivative works of, and otherwise use the Content or derivative work thereof, in whole or in part, in any manner and matter or in combination with any other material, in any format or media, whether now existing or hereafter devised, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video, audio, and all formats of computer readable electronic, magnetic, digital, laser, or optical based media (the “Works”); 2. Publicly display, publicly perform, sell, rent, distribute (directly or indirectly), transmit, or broadcast the Works by any means now known or hereafter devised. I waive all rights, including any right of prior approval, and release COMPANY NAME from, and will neither sue nor bring any proceeding against COMPANY NAME for, any claim or cause of action, whether now known or unknown, for defamation, copyright infringement, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the use and exploitation of the Content. I agree that there is no obligation to use the authorization granted by me hereunder. The terms of this authorization commence on the date the Content is captured and continue in perpetuity. Do you agree that COMPANY NAME may capture and use the content as described above?

The terms used in the form seem quite powerful, especially regarding:

the extent of the rights ("unrestricted", "irrevocable", "perpetual")
the part about giving up the rights to sue or claim anything.

My questions are:

I don't exactly understand what's the scope of the approval, i.e. to which material does it refer. Is it limited to the material taken during the event or is it more general? What is the technical meaning of the phrase "submitted to COMPANY NAME"?
How "usual" is this? How often do we approve such terms without reading them? Am I just being paranoid?

In general, for lack of a more rigorous formulation, should I accept it?

Additional info: I live in Germany and the event takes place in Germany, however, the company is a large US based multinational. Also, it might be worth adding that said company deals with and gets its profits mainly from data related business (targeted advertisements, etc.).


texts: Is it legal to search for commerce sites listing items at erroneously low prices and exploiting such errors?

texts:
Occasionally a website will post incorrect prices for items they are selling.  (Maybe it was caused by a typo during their data entry process, or the result of a bug in their code.)  Once they realize their error they correct it.

If I notice the error before they do, and I attempt to buy the item before they fix it, is that legal?  I.e., if I knowingly try to exploit their mistake could I be violating any law?

Now, if I continually monitor websites, waiting for such an error, just so I can buy at erroneously low prices, does that pose any further legal issues?

I'm not hacking or changing their prices.  I'm just waiting to buy until an incorrect price is mistakenly posted.


texts: Can I use whole poems from classic writers in my book?

texts:
I'm writing a non technical book and would like to add a poem in one of my chapters to emphasize an idea. Any work published before 1924 should be safe to use, but since copyright law is just full of lots of gray areas, I was wondering about the following items.

Can I use something like a poem from Anton Chekhov for example? He wrote his poems before any copyright laws, so logic would dictate it's safe to use (although law and logic don't always mix).

It's not actually a poem from Chekhov, but I'm using him as an example because of the fact he didn't write in English, which gets me to my second item.

Can an English translation of Chekhov's poems be protected by copyright? My book is written in English so I'll use an English translation. I was unable to identify who translated the poem so can someone claim the rights to the translation? Since it's a translation, it's not actually a new creation, right?

And finally...

When large publishers print poem volumes, say some publishing company releases a book with all of Chekhov poems, how do they deal with the copyright? Can they just use the work? Do they now own some sort of rights on Chekhov's work? Does it differ if they publish the original work in Russian or if it's translated?


texts: Does nulidad de pleno derecho cause effects ex tunc?

texts:
spain

Does nulidad de pleno derecho1, 2 cause effects ex tunc?

1: I don’t know the translation.

2: See also art. 6 of Real Decreto de 24 de julio de 1889 por el que se publica el Código Civil and art. 47 of Ley 39/2015 de 1 de octubre del Procedimiento Administrativo Común de las Administraciones Públicas.


texts: Can I steal cash from my roommate to recover unpaid rent?

texts: We have a roommate who consistently does not pay her rent on time. We are all signed on one lease, and the landlord is unwilling to take her off. This month, she decided to spend 1,500 on a condo for her birthday instead of paying the $400 she owes us. The money is laying on her dresser, can we legally take $400 of it? If not, what are our options?


texts: Is an implied physical threat via looming over someone legal?

texts:
Lets say that two individuals approach another person and start asking him questions or ask him to do something (for instance leave an area).  They do not make any explicit verbal threats.  However, their posture, hostility, and body language all are used to physically intimidate the other person and make him afraid to refuse their request.  (This is a one time incident, and not recurring harassment.)

Is the use of such implied physical intimidation to compel someone legal?  If it isn't are there rules in place to decide what qualifies as implied intimidation?  There must be some yardstick, otherwise anyone could claim they felt intimidated regardless of the intent of the person they were speaking to.

This is a question mainly asked out of curiosity, derived from my thinking of a situation over a year ago where three people decided that just because the child I was with was a different race then myself I must therefore be plotting to drag him away to a windowless van with the words "Free candy" written on its side.  In that case the child's mother (my close friend) came over and sent them away, but it bothered me that they left muttering that I was"'lucky" as if my horrible crime of being a mentor for a child was something that clearly should have resulted in a worse fate then just being harassed by three men and accused of something that is obviously quite morally repugnant.)

I find myself curious what the laws would be about their trying to harass me into answering their questions.  In this case they outnumbered me 3 to 1.  Looking back I realize one man actually left to get the other two to back him before returning to harass me, and I feel there was a clear intent to physically intimidate me into answering their questions.  The child confirmed he knew me and I was a family friend.  At that point they continued to harass me both to explain my exact relationship to the child's mother (which I refused to, due to the personal nature of the relationship), give them my full name, and to take them to his mother.

I cooperated with them because I'm not one to cause trouble, and in particular did not wish to concern the child, but if I had chosen to be obstinate, or the mother wasn't available to appease them, what would the legal rules have been?  Had a police officer came over that moment would he have been able to do anything about the others, despite their not verbally making a threat, based entirely on what I viewed as an implied threat?


texts: The employer is refusing to pay the full salary

texts:
I did some freelance work for one India based organization. There is one contract signed by me accepting all their terms and conditions (it was printed on a plain A4 sheet of paper).

From start till the end of the work they have not raised a single issue via email or phone. Never notified me about the content or behavior or anything but on payment day deducted a huge amount from pay stating different reasons. These reasons are not mentioned in the agreement like it will deduct payment based on that.

The question is: How can I make them pay me completely? Is there a government body who can stand on my side inquire/investigate them and so I can get my money.

Are these portals good enough to complain:

https://consumerhelpline.gov.in/

https://pgportal.gov.in/


texts: Does downloading a ROM put me in legal trouble?

texts:
I am misled on the legal doctrine for ROMs. I am aware that I am using the word ROM, not emulator, because I am aware of the difference. My research has shown that one for sure way of being in legal trouble is by downloading a ROM from a site or by hosting such content, but I am confused if I fall into this case. This is due to conflicting information.

I am a 24-year-old Caucasian male residing in California, where United States law applies. I do not wish to host ROMs, but I am researching about how to stay within the law and play video games. I wish to play Wipeout: The Game because I feel nostalgic for it, using the Dolphin emulator. I do own a copy of the game on the Wii, and I would like to know how can I play my game legally, regardless of if my save data is there or not. The game is available for purchase currently by Activision, and was released in 2010. The game contains content from American Broadcasting Company, who has rights to the Wipeout property. The Wipeout TV series ended in 2014. I do not wish to stream or publish gameplay of the game, and instead play it by myself.

Please cite sources if you are willing to answer my question. I cannot take your word for it. Also, before I am marked as a duplicate, I have a special case not mentioned in the other questions.


texts: Is it election fraud or otherwise against the law to call a leaked caucus hotline being used for election?

texts:
Part of the media's narrative for the Iowa caucus is that pro-Trump pranksters/trolls from 4chan prank called the Iowa caucus locked up the phone lines preventing the redundant system from assisting when the app failed.

If a number is released online expressly for the purpose of phoning in election results,
And, if you knew that and intentionally tried to lock up the line

Did you commit a criminal act, and can you be changed?


texts: Do the MD/DC Boards of Physicians have legal policies for physicians with an active license that are charged with a DUI?

texts:
Does the Maryland Board of Physicians and DC Board of Physicians have any regulations or rules indicating what to do when a board-certified physician with an active license to practice in Washington, D.C. and Maryland is charged with a DUI ?
From my preliminary research, it looks like the answer is no.  But I am neither a lawyer nor a physician, so it is not clear to me.
Would appreciate if a lawyer or physician who knows law could point me to a specific title / statute indicating what these two boards (MD and DC) require of a board-certified physician with an active license when they are charged with a DUI. It is possible there is no answer, but I just want someone credible to concur.


texts: If I want to become a law professor after working at a law firm for a few years, does it matter what my practice area is at the firm?

texts:
I'm not even in law school yet, so I'm thinking way ahead here, but I'm curious. Suppose I want to teach constitutional law. Will it matter if most of the work I've done in private practice is transactional? Conversely, if I want to research and write about corporate governance, but my experience is mostly in litigation, will anyone care?

My understanding is that securing a job teaching law depends mostly on published work. It seems like practice area shouldn't have much bearing on whether or not a law review will want to publish a budding legal scholar's article, but I'm not sure.


texts: Can a traffic citation be issued solely off of witness account?

texts: In general, one driver reporting the plates of another is not likely to result in a citation being issued. Even if a citation were to be issued, I'd assume the initial caller would be required to testify in court, thus turning it into you word against theirs--an easily winning case. But what if multiple people call someone's plates in? I've read that officers are more likely to issue a citation in this case, but it seems there's an obvious exploitation. For example, a group of friends could conspire against a common enemy by all reporting their plates. Or let's say someone in a car with multiple people in it believes they have been cut off. Everyone in the car could then report the accused driver, getting him a ticket by default. Where is the line drawn and how possible are these scenarios to result in convictions? If taken to court, couldn't the accused driver simply say they weren't even on the road at the time? What's the point in witness based citations (without any proof but a testimony) even being issued?


texts: Criminal action for "accidental" property damage

texts:
I recently saw a story on YouTube about a family which had an issue dealing with a roofing company. The roofing firm somehow made an error about which house they were supposed to re-shingle and ended up stripping all the roof tiles off the wrong house, leaving the roof completely bare and destroying the shingles.
After this error, the company apologized but rather than offer to re-shingle for free due to the error, they offered the family a "reduced rate".
My question is if a situation like this would be a criminal violation? I assume civil action would be possible to recover damages, but has a crime been committed?
For example would the roofing firm have comitted a vandalism type crime? Even though it was a "mistake" they did ruin the roof "on purpose" - their intention WAS to destroy (strip) the roof. Also potentially I thought some kind of racketeering because the firm is essentially drumming up business for itself by destroying a functional roof then offering to fix it for money.


texts: Car towed from shopping center, can prove towing company is lying about the time my car was parked

texts:
My car was towed from a shopping center in Santa Clara county. I had parked at the said location around 8pm. I got my car released from the towing company after paying $450. The release document says that my car was first noticed at the shopping center at 7.30pm and picked up at 8.43pm. However, I can prove that my car wasn't there at 7.30pm and the towing company is lying. 1) I was at a restaurant 4 miles away at 7.30pm, and my receipt shows the time as 7.25pm. 2) My google location history shows that I was at the restaurant from 7.25pm - 7.50pm, and started driving from the restaurant to the shopping center at 7.50pm.

What recourse do I have? Can I get my money back?


texts: Downloading Music I bought from Google Play

texts: I have bought a new song on Google Play (using Opinion Rewards). Google gives me the option to download the song but I want to know if it's legal or not.


texts: Is the usual contract writing style being questioned and a radically new one proposed?

texts:
As someone who is not a lawyer and needs to sign contracts, I often find the conventional writing style as an instrument to justify the inclusion of clauses that represent a client/provider relationship as if it actually were a master/slave one. This is noticeable in cases where a small company intends to sell its services to a bigger one.  In my experience, the language used in these writings acts as a protection for imbalance, as if the "master" were allowed to pretend that an otherwise abusive clause is just regular jargon. At the same time, this accepted language seems to indicate that its author (a lawyer) is more interested in creating the conditions that would favor a conflict, rather than assisting the parties in avoiding them.

My question is whether there exists any serious new framework, guidelines or proposal for writing contracts in a way that avoids verbal aggression, underlying instead the spirit of collaboration and commitment that a client/provider agreement should protect. I'm asking this question because I would like to learn of a valid alternative that I could propose to the other party.

Finally, note that I'm not asking why things are the way they are. I'm asking where to look for alternatives.


texts: Providing additional evidence to prosecutor

texts: My question is this: My Granddaughter (allegedly) attacked her mother, and caused several injuries including one that will require surgery to her face. Is it possible to ensure that evidence is provided to the prosecutor? She has already been released on her own recognizance with misdemeanor charge, awaiting court appearance, but the court does not have any of this evidence. All they have are the pictures the LE officer took. Thanks.


texts: Is there an online version of the most up to date Uniform Commercial Code? I'd prefer a free copy but would be happy with any electronic copy.


texts: What's the age in which people are allowed to engage in cybersex in Germany?

texts:
As far as I understand, Germany has an age of consent of 14 or 16 depending on the context but in addition a law. On the other hand § 184 sets up a ban for "Verbreitung pornographischer Schriften".

  Translation via Gesetze im Internet

  §184 Distribution of pornography

  (1) Whosoever with regard to pornographic written materials (section
  11(3))

  offers, gives or makes them accessible to a person under eighteen years of age;

Does cybersex, especially when it's text-based, fall under that statute and is therefore outlawed?


texts: Is robbery a non-violent crime? Can police deliberately ignore robberies? Is it legal to violently resist a robbery?

texts:
I just came across the following facebook status. I cannot testify to its veracity, although given the SF DA policy not to prosecute quality-of-life crimes it sounds believable. Anyway, this status triggered several questions:

Is a robbery that includes smashing a car window with the driver inside considered a non-violent property crime?

If the police witness such a robbery do they have the duty to intervene?

Is it true that if the victim fights back in such situation and injures the assailant, the robbery victim may be prosecuted for using violence against the robber?

Andrew Bland
Robbery in Golden Gate Park:
On Thursday evening, I was witness to and nearly a victim of an aggressive robbery near the bison paddock on JFK Drive in Golden Gate Park. I was photographing great horned owls. Around 8:10PM, I was packing up equipment and putting it in my car. Another photographer was doing the same further down the road behind me. As this person got in their car, I saw a small white car pull up and abruptly stop right next to it. A masked man jumped out and began smashing in the rear window of the other photographer’s car.
By the time I got my wits about me and managed to get into my car and start the engine - no more than 10 seconds - they had finished robbing the other person and had now pulled up alongside me. The passenger-side door opened and the masked assailant began to step out, ready to smash his way into my car. With only a few seconds to spare, I stepped on the gas and pulled away, fully expecting that they would give up and flee. But they chased me, and pulled up alongside me, either trying to run me off the road or cut me off and stop me. I sped up and got ahead of them.
Probably going 50MPH with the assailants’ car right behind me, we ran through two stop signs and barreled over speed bumps for nearly a mile before they slowed down, made a U-turn, and disappeared out the 33rd Ave gate. (Keep in mind, I bike this road nearly every day and am very respectful of more vulnerable road users when in my car. I gave the few cyclists that happened to be out a wide berth as we passed.)
I circled back and by then the cops were there. I gave a statement, along with the other victim and two witnesses. Nobody saw their faces or license plate. They were fast, prepared, and extremely aggressive.

The officer explained that these smash-and-grabs are merely considered property crimes and are NOT considered violent crimes (yes, you read that correctly) so they don't really pursue them, and if they did hypothetically make an arrest, the judge would just let them go, including repeat offenders. He even said if police were to witness one of these incidents occur, they would NOT chase the culprits. He also informed me that if one were to fight back and injure (or worse) one of these thieves during a robbery, then that person would likely be charged with assault for using violence against a "non-violent" criminal. Unbelievable. So scary and so very frustrating.
So be careful out there. I am finished shooting pictures and video in the park. Way too dangerous, and the police are not going to be there when you need them. And even if they were, they wouldn't help you anyway. I'm sharing this story as a reminder to others to stay in groups, and always be aware of your surroundings.


texts: Do you need a business license(In California, USA)

texts:
I am curious if I need a business license or permit for an online Social media Startup company?

I am located in California and applying for a LLC through LegalZoom and it asked me if I needed a business license for my LLC.


texts: What prevents me from making a derivative of a work never fixed in a tangible medium?

texts:
Suppose I'm a singer-songwriter in the United States, and at one of my concerts, I perform a previously unreleased (and in fact never-before-recorded) song. I play this song from memory and by ear; I have never written down the tune or words. Perhaps I invented this song while on tour, and I intend to make a recording when my tour is over. Over the course of the tour, there are thousands of eyewitness accounts to this song's existence and its authorship by me.

Before I ever produce a recording of the song, though, a fan produces some kind of derivative recording (a cover, or a song that's simply very similar) of my song. Do I have any grounds to claim copyright infringement, considering that I never fixed the work as either a sound recording or written musical composition? (Let us ignore the fact that I could lie by creating such a fixation after the fact and saying that it predates the recording -- suppose I honestly admit as a point of pride, or am unable to deny due to long-term witness accounts, etc., that the song was never fixed prior to the creation of the fan work.)

What if a fan recorded my actual performance with a camera at my show? In that case, I was in no way responsible for the creation of the recording, but a significant part of the recording's value is my music. Do I have a copyright claim to control the distribution of such a fan recording, and does the prior existence of such a recorded fixation influence the derivative-work case above?


texts: Alternative systems without the Right to Remain Silent

texts:
As I understand it, the "Right to Remain Silent" errs on the side of innocence in the USA justice system.
Jurors are usually supposed to rule as if the defendant testified in the manner voiced by his attorney
(in opening and closing arguments) even if the defendant does not really testify.
What would be the harm in removing this right when questions are asked through his attorney with a long
allowed response time?  For example, suppose the judicial system (and even the police in the executive
system) allowed questions like "Were you inside your house at any time on March 30, 2021?" and required
an answer of either "Yes", "No", or "I don't recall" (with allowance for further supplemental information
if the defendant wants to clarify further).  There might be a limit of only a few such forced questions,
but answers to these forced questions are all admissible in court.  It's important to realize that the
attorney fields these questions for the defendant, so direct police interviews still would be refused.
Of course, some defendant accused of murdering his wife on March 30 would rather not answer this question
if he was truly at home with her.  But, jurors would know that this incriminating evidence was forced
out.  So, jurors get more information in the end and can stay open to circumstances which allow the
defendant to still be innocent.
I'm ultimately looking for alternative justice systems which drop the "Right to Remain Silent".  There
are many cases in the current system where defendants don't even try to give an alibi and this often puts
a wasteful burden on investigators.  Are there any such candidate justice systems in other countries? or
am I missing something that makes such a system impossible?


texts: If a bystander has no legal obligation to help, can they dissuade others from doing so?

texts:
Hitler* is walking down the street. Suddenly he has a heart attack and collapses.
Alice sees this. She considers calling 911 or giving CPR but realises it's Hitler and decides not to. Bob also sees and is about to help.
If Alice tells Bob not to help Hitler and Hitler dies, could either be considered liable?
Jurisdiction is US (not Minnesota), though interested in answers from anywhere without Duty to Help.
*For purposes of the example, the victim is a disliked person. Rather than use a contemporary example and derail the thread, it's Hitler.


texts: Can I use the copyright symbol and rights statement if I haven't registered the copyright?

texts:
Am I legally allowed to put the

  (C) Copyright, all rights reserved

text at the bottom of my website, if I have a logo that I own but have not registered the copyright or trademark in the logo in any way?


texts:
Suppose the following exchanges:

  Telemarketer:  Hello, I'm calling from Company X which sells Y.
  Call Recipient A: Sorry, I'm not interested.

and

  Telemarketer:  Hello, I'm calling from Company X which sells Y.
  Call Recipient B: Please add my name to your telemarketer's and seller's internal "Do Not Call" lists pursuant to title sixteen of the Code of Federal Regulations section three ten point four a one small roman three capital A.*

EDIT in response to comments: Would the answer be different if the telemarketer didn't say "which sells Y" but the call recipient already knew?

It seems clear that Call Recipient B's request should be legally effective and that the company should be legally required to stop calling.  However, is Call Recipient A's request enough?

If Call Recipient A complained that s/he had clearly expressed s/he was not interested (by the line above) and the company kept calling, would that complaint be sustained?  (Assume for this question that the facts are undisputed.)  If not, what is the minimum a person must say or wait for in order for a request like B's to be legally effective both in stopping further calls just like that, from that caller or other telemarketers working for the same seller?

*: From Title 16, Chapter I, Subchapter C, Part 310, §310.4 of the Code of Federal Regulations, (b):

  (1) It is an abusive telemarketing act or practice and a violation of this Rule for a telemarketer to engage in, or for a seller to cause a telemarketer to engage in, the following conduct:  ...
  (ii) Denying or interfering in any way, directly or indirectly, with a person's right to be placed on any registry of names and/or telephone numbers of persons who do not wish to receive outbound telephone calls established to comply with paragraph (b)(1)(iii)(A) of this section, including, but not limited to, harassing any person who makes such a request; hanging up on that person; failing to honor the request; requiring the person to listen to a sales pitch before accepting the request; assessing a charge or fee for honoring the request; requiring a person to call a different number to submit the request; and requiring the person to identify the seller making the call or on whose behalf the call is made;
  (iii) Initiating any outbound telephone call to a person when:
  (A) That person previously has stated that he or she does not wish to receive an outbound telephone call made by or on behalf of the seller whose goods or services are being offered or made on behalf of the charitable organization for which a charitable contribution is being solicited[.]


texts: Does any western European country prohibit its citizens from travelling to particular areas abroad?

texts:
In several countries, including European countries, there are public worries about citizens travelling to Syria.  Although those press reports are not always precise, what is usually meant is people travelling to territory controlled by Islamic State with the purpose of taking up residence.  Some are arrested upon return.

What are they arrested for?  Does any country in Western Europe prohibit its citizens from travelling to an area controlled by an organisation designated as terrorist?  That would leave journalists travelling to IS- or PKK-controlled areas in violation of the law, so I suspect not.  Joining an organisation designated as terrorist is often prohibited, as is joining a foreign military.  But does taking up residence in an area controlled by such an organisation constitute either of those?  Or do legislators suspect anyone returning from Syria to have actively supported the Islamic State (para-)military forces and/or be preparing terrorist attacks at home?

(This question is hypothetical.  I am not asking for myself.  I am not even asking for a friend.)


texts: How do I apostille an original NYC birth certificate without Letter of Exemplification?

texts:
I have an original long form New York City (Manhattan) Birth Certificate issued by NYC Department of Health in 2016 signed by Steven P Schwartz (City Registrar) needing apostille but missing a Letter of Exemplification
The NY State website indicates they require Letter of Exemplification for all birth/death certificates but some Apostille agency websites indicate they can apostille these certificates without exemplification, and others mentioned on chat they first "get" the exemplification and then submit for apostille; How do you "get" the exemplification? As far as I know the only way is re-ordering a new long-form certificate but they don't do that, so how do they obtain the exemplification?
I previously did send a non-exemplified NYC death certificate to the NY Department of State for apostille and they rejected it due to missing both the exemplification letter and county clerk's authentication (I hadn't bothered sending it to county clerk beforehand since I knew they can't sign non-exemplified certificates anyway, or can they?)
What is the special procedure/protocol to apostille this non-exemplified certificate?


texts: Uploading purchased (edited) music to YouTube

texts:
Say that a hobbyist DJ purchases CDs, digital tracks and what are known as mixtapes (free music) and slows them down or things like that.  If that DJ wants to share the result of this, is it legal to upload and try to monetize it?
Let's say that the DJ also places small sample noises to signify that it’s their work.


texts: Is there reliable intellectual property protection in overtly international markets?

texts:
Say I have a device I wish to sell to airlines. This device provides incredible value for commercial flights, and I'd like to start a business selling it. I have a problem. Where do I patent my device, when given the information in the patent, anyone can recreate and manufacture the same device in a country that doesn't conform to the same intellectual property standards, and then compete with me by selling my device to those same airlines?

Commercial aviation is perhaps the most international industry in existence, with the possible exception of shipping, so how could I ever make a device for the commercial aviation industry without fear of being outcompeted by copies outside the jurisdiction of my patent protection?


texts: I am a US citizen from birth.  I may be able to get German citizenship due to my ancestors, if I file all the proper forms.  Are there any downsides to dual citizenship?  Other information: I am married with adult children, also US citizens, and do not plan to have more children.  I have no financial dealings outside the USA.


texts: Instagram: publishing a publication image if it has been modified by some third-party app?

texts:
I am addressing the legal community. My question concerns Instagram:

The user is the owner of the image he has published on Instagram.
The user has published on Instagram an image of which he is not the owner.

For each of these cases, does Instagram authorize one to use a third-party application that would modify pixels of the image in question?

Is the publication of this image, after having been modified by the third-party application, authorized by Instagram?


texts: Can anyone record a cover of a song I put on SoundCloud?

texts:
My friend asked me if he could record a cover of a song that I put on SoundCloud called Gratitude (License: All Rights Reserved).

What legal rights does my friend have? Does he need my permission?
What benefits, compensations, acknowledgements, etc. am I legally entitled to? Does my friend have to pay me mechanical royalties if, e.g., he publishes his version of the song to SoundCloud such that anyone can listen to it for free?


texts: Can you sell a program that breaks the Terms of Use of a website?

texts:
I want to sell software that automates user activity on a website.
Automated interaction is against the website's Terms of Use, as you would expect.

Is it possible to legally sell someone a tool to automate certain aspects of their use on a website if it breaks said website's Terms of Use?

If and when a user is punished for automation, they might want to come after me for creating and selling them the software. Assuming I am able to sell this tool legally, are there terms I can add to a EULA, Terms of Use, or something similar that protect me from users who were punished for automation, from coming after me?


texts: Default judgement when the court can't provide the requested relief

texts:
Bravo v. Pelosi is the latest attempt to overturn the 2020 US Presidential and Congressional elections.  The plaintiffs are suing everyone they think is even remotely related to the election, and a number of those defendants haven't responded to the summons.
Normally, if a defendant fails to respond to a summons, the plaintiff can get a default judgement and the requested relief is granted.  However, in this case, the core of that relief is:

Permanent injunctive relief in the form of a new federal election for Congress, President, and Vice President;
Permanent injunctive relief forever restraining Defendants from ever holding public office or participating in any way in an election campaign to public office other than exercising their own right to vote;
Permanent  injunctive  relief  forever  restraining  Defendants  from  violating Plaintiffs’ constitutional rights described herein,

Most of it looks like it's either outside the power of the court to grant, outside the power of the defendants to provide, or both.  How would the court proceed in this case?
(If it matters, ignore the fact that a few of the 643 defendants have responded, some haven't yet been served, and others don't yet need to respond.  The case itself is a royal mess.)


texts: Can I legally share online a picture of police officers interacting with individuals in a public place in France?

texts: Is it legal to share online an unblurred picture of police officers interacting with individuals (e.g., to discuss, taze or make an arrest) in a public place in France?


texts: Does charging one with premeditated murder weaken the case if the murder was not premeditated?

texts:
This and this are articles about an Indian Engineer being shot dead in a Kansas Bar.

According to these -

  The suspected gunman, US Navy veteran Adam Purinton, 51, has been charged with the premeditated murder in
  Olathe, just outside Kansas City...

and

  Adam Purinton, 51, is the man Johnson County prosecutors charged on Thursday with one count of premeditated first-degree murder and two counts of premeditated attempted murder related to the shooting of three men Wednesday night at Austins Bar & Grill, 2103 East 151st Street, in Olathe.

Does this weaken or dismisses the case against Adam Purinton if he had not entered the bar with a plan to commit murder?


texts: Whether to enter a Scottish address on a UCAS application to a Scottish course when gaining work experience+eligibility for it in England

texts: If one has resided in Scotland until graduation in Summer 2020 and worked in England since then for the purposes of gaining eligibility to a postgraduate Scottish course, is it permitted to enter one's Scottish address on the UCAS application in January 2021 for a September 2021 start? (Being ordinarily resident in Scotland on August 1 2021 qualifies you for free/reduced tuition fees in courses which begin in September 2021.)


texts:
I've never seen examples listed under a law, but it'd make them a lot less ambiguous and easier to understand.

For example, the 4th amendment (a law I'm familiar with) could've given a few examples of reasonable and unreasonable searches and seizures. The 2nd amendment could've given a few examples of "well regulated" and "the people". I think regular state/federal laws are the same.

Note: this isn't specifically about the U.S. constitution, but state/federal laws in general.


texts: Volunteer Created Work: Who Owns the Copyright?

texts:
A volunteer creates many works for a nonprofit, without signing anything or giving ownership of the works to the nonprofit. The work is used, but after about a year, the volunteer resigns and, a month after the resignation, demands the nonprofit cease and desist all use of his/her intellectual property. This includes the logo, website, photos, documents, videos and artwork. Must the nonprofit comply with the former volunteer's demand?

Because the volunteer was not an employee, the copyright laws don't apply and copyright falls, by default, to the volunteer, however, if the nonprofit has been using the material for some time, does that constitute a gift to the nonprofit, in some way?


texts: Legal aspects of Firebase Crashlytics SDK

texts:
Let's say we have a mobile app, where every user is associated with app-generated unique user id (ex. 57d2ef8b391277001aad7784).

Having the uuid itself that's not possible to identify a user.
Having the uuid and access to the app backend infrastructure that becomes possible (by querying users by uuid).
During sign-up to our service every user accepts Privacy Policy and allows us to store personal information on our backend infrastructure.

What're legal aspects of usage Crashlytics.setUserIdentifier method in such case? Is it safe to use considering GDPR changes?

I believe the answer depends on the jurisdiction user belongs to. I'd like to find a rock-solid legal answer at least for the US, the EU (GDPR), and Russia (152-FL).