texts: Can international competitors discuss pricing strategies?

texts:
Coming up soon is the annual World Low Cost Airlines Congress,

  drawing in low cost carriers from around the world year on year. Sessions will discuss business models, pricing strategies, revenue streams and more.

I have observed some meetings that bring competitors together to discuss business, and found they usually include an antitrust warning at their beginning reminding people to not discuss these kinds of topics, especially anything around pricing or market division (which for airlines might be around who's going for what routes), including at sidebars, networking breaks, and social events.

The upcoming meeting is in London, but includes a variety of companies from around the world (taking the event website at face value).

Are there any laws (especially those related to antitrust) which prevent international competitors from coming together to discuss pricing strategies etc.?


texts: Cybercrime use of cryptocurrency and stolen goods laws

texts:
I've been wondering if this line of reasoning has been tried anywhere in the world, successfully or unsuccessfully. It seems improbable that I'm the first to think of it ...

A cryptocurrency is a bit of data, recorded in a cryptographically protected blockchain ledger.
The Bitcoin ledger is public.
Despite the name, a Bitcoin is not currency. The exact status varies from jurisdiction to jurisdiction.
If a criminal obtains an object through theft, the criminal does not have any property rights. Subsequent sales may be void, with different laws as to good faith or statutes of limitations.

So the amateur assumption would be that a victim of cyber-blackmail or hacking could try and identify the current holder(s) of the bitcoin through the ledger and demand the return of the stolen property, if necessary by a civil lawsuit even if the current holder is not criminally culpable. Bitcoins may be split in transactions, but that can be followed as well.
Doing that on any significant scale might kill the concept of a cryptocurrency, of course, but the victims might not care. At the very least, there would be diligence requirements to ascertain that any one bitcoin is not tainted by crime in any significant jurisdiction.


texts: Discovery of evidence seized in a criminal investigation

texts:
The recent raid of Michael Cohen’s office and residences has led me to wonder about the interplay between discovery in federal civil procedure and evidence seized in a criminal investigation. (The rules for discovery begin on page 36.)

Suppose a party in a civil case is independently under criminal investigation, and evidence relevant to the civil case — evidence we’ll stipulate would have otherwise been subject to discovery — is seized as part of the criminal investigation. Suppose further that what is seized is the only copy of the materials and so is no longer in possession of the party to the civil suit.

What rules exist to govern whether and under what circumstances this material could be released to the other party as part of the civil suit?


texts: Sending a mass email to schools from list for company

texts:
I'm working on a product that is aimed towards schools, there was a email list online for plenty of schools. Am I legally able to send a mass email to them promoting and telling them about our product?

Are there any specific rules I have to follow?


texts: Local vs. State vs Sheriff police cruisers

texts:
I saw a sheriff's police cruiser having pulled someone over (North Carolina).  It got me wondering.  What defines the boundaries for each of state, local, and sheriff's jurisdictions?
An example that came to mind, let's say an incident happens at a gas station.  I assume if it is a gas station on a state route, then it would be a call for the state police, or maybe the sheriff (county) police.


texts:
After reading this question:

Borrow something and return it considered stealing?

I got the impression that, other than a bike, if I borrow stuff from random people without their consent and return it later, it's not illegal. Which sounds extremely unrealistic, but not being in the law field and knowing very little of it, I wouldn't doubt.

So that is my question: generally speaking (meaning, except when there are specific laws, like the bike laws cited above) is it not illegal to borrow things without consent?


texts: Copyrights owner rights in case of DMCA – user block

texts:
Recently I started to sell my digital items in the web and faced with the piracy.

Pirates fraud my files from the market, upload them to the file hosting services and posts the links to warez web sites.

I emailed to the file hosting companies and request them to remove the files.
Also I request the file hostings and warez websites to block the users that violate the copyright low and TOS of the online services where they posts my files, because I think it's more efficient way to fight with the piracy.

I had a different value of success and now I have a several question.

When I say "I" I mean any copyright owner in my situation.

1. Have I the right to request services to block the users that violate the copyrights and TOS?

2. Have I the right to request a report from a warez site or a file hosting service about the blocked users?

3. How many time have a file hosting or a web site to block the user?

For example: I got an answer that my files was removed and if I know a user url how soon should I see that the user is banned (if such message is technically available)?

4. If I can't get a report about the blocked users how should I achieve the thieve's accounts blocks?

5. The service ignore my DMCA request – don't answers me.
What should I do to proceed with removing my content?

6. The service ignore my request to user blocks – don't say "YES" nor "NO".

What should I do to proceed with the users blocks?

Thank you very much, I highly appreciate your help!


texts: Is the killing of human being less punishable than that of a cow in India because of British Common Law?

texts:
Refer to this article,

  ... 14 Years Of Jail For Killing A Cow, 2 Years For Killing A Human Being ...

What is the source of this law?

Is this law derived from British Common Law?

If YES, does Britain still have such law?


texts: Why does the First Amendment apply to states?

texts:
The First Amendment doesn't say "No one can restrict free speech" - it says "Congress shall make no law ... abridging the freedom of speech."
You could interpret it as saying, "Congress cannot restrict free speech, but a private company like StackExchange can make any restrictions it wants on speech, as long as they are not discriminatory," which I believe is a correct interpretation.
But by the same token, couldn't you also read it to say, "Congress cannot restrict free speech, but the states (and maybe executive orders) can impose any restrictions they want on speech." I'm reasonably certain this is NOT a correct interpretation.
Is there some understanding that "Congress" here means "any government entity"?


texts: Are the video files of recorded depositions for lawsuits by both the plaintiff and defendant(s) public record? and can I make a FOIA request to obtain these video files?


texts: How much are partnerships and LLCs really taxed?

texts:
Based on the IRS website, partnerships and LLCs being taxed as partnerships appear to only file (at the federal level) 1065 forms with schedule K-1 forms (for each partner/member).

If I'm reading things correctly, that means businesses taxed as partnerships are only responsible for the self-employment taxes for each of their partners/members (i.e. their respective FICA contributions). This, in turn, should mean that a partnership's total, federal tax on earnings is 15.3% (as of 2018) so long as each partner makes below $118,500. This seems a little low compared to the alternatives. Are there really no other taxes or fees I'm forgetting about.

To be clear, this question is only about federal taxation.


texts: Android Application: Is purchaseToken defined under GDPR as PII?

texts:
In our Android application user is allowed to buy subscription. From code we are retrieving his purchaseToken (using this API ) and saving purchaseToken on our server to validate his license.

According to documentation on above page "purchaseToken" is defined as "A token that uniquely identifies a purchase for a given item and user pair".

From my side as developer: we cannot get exact user who purchased this item based on purchaseToken. Google does not provide such possibility (no API for this). But in theory – if somebody has token + access to Google database – he can identify user exactly.

So the question is: For me as Android Developer, is "purchaseToken" identified as PII (Personally Identifiable Information) or not?

The question is important, because depending on if it is true or false I have to inform user or do not inform about that.


texts: Is it a crime if someone inserts ads inside an existing software?

texts:
If you search on Internet, you would be able to find apps that are modified to insert code that shows ads here and there. For example, you can take the official WhatsApp Android APK and insert code to show a banner ad on some or all pages.

The modified app holds a different signature so it is not a replacement for the original app but would be a different app technically.

So, the person modifying the app would be able to make money off WhatsApp which goes against the very philosophy of WhatsApp's user experience for having an ad free experience.

I would like to know if this qualifies as a cyber-crime and if yes, what are the implications of having done so? Are there any possible legal implications?

The context is in Indian jurisdiction.


texts:
Is there any license that behaves like LGPL as in permitting the user/customer of the software to use/and change the software as they want, but has the following properties:

Does not allow to open source the code or make it available to a third party in any way
Does not allow to resell the product directly (but allows to sell products that interact with the software)
any changes to the code of the product belong to the original author and must be made available to them, and all rights to them belong to the original authors exclusively.
the authors of the software can not be held accountable for problems arising due to changes made by the license holder
even though changes have to be made available to the authors of the software, the authors of the software have no obligation to include the changes in the next release

So LGPL, without the General Public, but the license holder is allowed to modify their copy as they want as long as they don't sell it.


texts: Same name in social networks, same product, different country, changed it as soon as it came to my knowledge, untangible goods

texts:
I started a business reading tarot online, using a Facebook and Instagram page. My attempt was to do this bilingually. At the time I started it I didn't know there was another woman in another country who was doing exactly the same, with the same name. Different logo, but same name.
She messaged me on Instagram to tell me about this and as soon as I saw her message, I changed everything: Name and logo. Her tone was a bit threatening, so I went along to search for her but although I found different trademarks with the same name along different industries, none of them had anything to do with tarot. Her website does have the same name though and I read on another post that even if it isn't registered, the name might still be legally "protected" because of the reputation it has gained. She has more than 18000 followers, I have around 200. I'm afraid even after I changed everything, she might want to take legal action (accross countries, I think she is in the US, I'm in Mexico, if that is possible) and I may need to compensate for some of the small profit I've gotten since I started it (not more than 200 dollars in no less than 6 months). I told her of course about this difference in countries and that it hadn't been an intentional copy (she suggested "it had been quite clearly a copy" in her message), that the change was being processed and then as soon as it got processed I let her know. Should I worry about any legal action she might want to take? What should I do?
Thank you for reading.


texts: Can apartment management terminate leases over a rule tenants never signed?

texts:
To live in the apartment building I reside in, a resident has to sign a Lease, and a document of Community Rules which are an "addendum" to that lease. Violation of the Community Rules counts as a violation of the Lease and thus a resident can be evicted for breaking them. The Lease states that it can only be terminated by (a) 30 days notice after the Initial Term of one year has expired, or (b) by a violation of the terms of the Lease (or Community Rules). The Community Rules "may be modified by the Board of Directors at any time". If the Board of Directors modify the community rules, I understand that residents have effectively already signed to agree to it.

The Lease and Community Rules never address the usage of The Front Door. The Front Door is locked outside of business hours, and requires a key to open from the outside, or can be opened by a button by anyone already inside the building. Each adult resident has a front door key. The Front Door, once opened, swings open slowly and remains open for around ten seconds before swinging slowly shut again.

The Former Building Manager requested residents not to open the door for "anyone who is not a resident", and never threatened leases over it. He was fired (for protesting a huge rent hike) and the New Building Manager has posted a sign on the door saying:

  "do not open the door for ANY PERSON. Anyone caught on camera
  violating this rule can and will have Lease Termination Proceedings
  begin immediately".

There are two issues I see:

Firstly, this rule is unreasonable, as "ANY PERSON" includes spouses, children, and "guests" (described and allowed in the Community Rules). It could also include any illegitimate person who loiters around The Front Door - if a resident opens the door for themselves, it will stay open for long enough for an illegitimate person to enter after the resident without the resident's  consent or even knowledge.
Secondly, I think this rule threatening Leases can not be legally enforced. Looking over our Lease, the only way a resident can be evicted is if they violate The Community Rules as written now or as modified by the Board of Directors. The new door rule threatening Leases is written only by the Building Manager, not the Board of Directors.

My questions are:

Am I right in thinking this is non-enforceable as it is neither Lease, nor Community Rules, and it is (apparently*) not a Board of Directors modification to the Community Rules?
Or is there any federal, state, or city rule which would allow management to terminate leases even without a violation of the Lease/Community Rules? (location is Greeley, Colorado, USA)
If I or another resident are told we are being evicted due to this rule, to where can we appeal? (Other than the Board of Directors). A good answer will also note what processes involve lawyers and/or are expensive.
Is threatening Leases over a rule that is non-enforceable actually illegal? As in, has the manager potential committed a criminal offense?

I realise management may terminate a lease with 30 days notice after the initial term has expired, so my question is only addressing threatened Leases still within their initial term (my own Lease is within its initial term until some time in 2019).

*Unless there is a loophole where the Building Manager represents the Board of Directors. If there is, I haven't seen evidence of it yet.

Addendums

We know nothing about the Board of Directors other than that their
name and logo is on the front of the Community Rules. Otherwise,
there is no reference to them in our other paperwork.
Some of the apartment units, such as my own, are federally subsidised (20-50% of rent depending on income), but not all the apartments in the building are.


texts:
I wrote a math book and published it with a publishing company in Germany. It went out of print after 12 years. The company still holds the rights and does not allow anybody to print or publish it. I talked to them,  but they don't see any possibility to make available to the public anymore.

I do not have financial interest in the book - I just want it to be available to gifted students whom it was written for. Do I have any chance to make it available, against the will of the publishing company?


texts: Being Billed for Services Not Rendered During Lockdown (UK, 2020)

texts:
My accommodation for the 2019/20 academic year included certain housekeeping benefits---these are in-built into the price, not billed separately.
The exactly details are not so important, but the UK lockdown (starting March 2020) meant that these had to be cancelled.
I completely support the decision to remove the services---it would involve housekeeping agents visiting many houses; clearly very dangerous.
However, come bill-time, the accommodation provided, which is the university/college, is refusing any reduction in the rent. The provision of these housekeeping benefits are clearly stated on the company's website and in the "handbook" describing obligations of the student/provider.
Note that I remained in the property throughout the entire lockdown. The provider's reason for not providing a reduction boils down to roughly the following:

the rent is already subsidised (seems irrelevant)
giving reductions would limit the ability of the university/college to support students in the future (they're insanely rich, btw);
students were given the option to remain (I'm fairly sure eviction in this context was prohibited during the lockdown)

Do I have a right to demand a suitable[*] reduction in rent?
[*What comprises suitable can be discussed elsewhere.]
I am sure that there are many other students in similar situations, where their accommodation has not provided what was promised but are being told to pay up anyway.
I hope that this question can become a base-point for others to gain relevant information.
(Feel free to make it a community wiki if that is useful.)


texts:
I plan to record lectures given by my professor in a public institution in Florida without letting the professor know. I only plan to use these recordings for personal use (i.e. not going to sell it or post on the internet). I understand that Florida is a two-party consent state (which means that all parties must consent to recording), but I've also seen sources [1] that say that Florida courts do not apply this law to places with no "reasonable expectation of privacy."
My questions are:

Does a public institution (public school) count as a place without a "reasonable expectation of privacy?"
The NLRB ruled against banning recording in a workplace[3]. Does this extend to schools?
In my case, can I legally record my professor?

Sources:
[1]
[2] Fla. Stat. § 934.03
[3] Whole Foods Market, Inc v. United Food and Commercial Workers


texts: Is attorney client privilege extended to a person not paying for the service?

texts:
Consider this hypothetical situation:

Say you commit a hit and run and a friend takes the blame for you so you don't lose your career. Then asks you to help tell his lawyer what happened. Can they turn the tables on you and disclose your crime?


texts: Result of illegal search, but against another party

texts:
This is inspired on a story in a TV show: The police have the DNA of an unknown murderer X. Search of DNA records finds a person A who is most likely a close relative of the murderer (but totally innocent himself). Based on this result, the police finds the criminal X. It turns out that A's DNA should not have been in the system, and A's rights have been violated.

Can X claim that the evidence should be inadmissible because A's rights were violated? (In the TV show he claimed so successfully, which I found dubious).

(I think a real case was the Unabomber, where on one of his letters the police found the finger print of a copy store employee who had sold copier paper to the Unabomber).


texts: Is a lawyer allowed to "rescue" his witness on redirect, and if so, when?

texts:
A lawyer puts up an expert witness to testify on a technical matter. The opposition leads him through several questions on "cross," and then concludes with, "So it is possible that X could have occurred?" (X being an event that helps the cross examiner's case.) The witness says "yes," and means to say "but that is not likely" when the cross examiner cuts him off.
Can the first lawyer then "redirect" with questions like, "So you say X is possible? How likely do you think this is? Why do you think this is unlikely?" etc.
Under what circumstances "can" this be done? ("Can" in this context has two possible meanings. 1) is "legally admissible or allowable. 2) is legally "advisable.)


texts: How can the burden of proof be shifted on the defendant?

texts:
NOrmally, the burden of proof is on the accuser (plaintiff).

But my understanding, from reading the link, is that if the accuser makes a prima facie case, the burden proof can shift from the accuser to the defendant.

What constitutes a "prima facie" case (I believe that the Latin means "on its face") and how does that shift the burden of proof to the defendant?

This could be for either a civil or criminal case, but my primary interest is in torts.


texts: Can I restrict a contractor from disclosing to others information that is not patentable?

texts:
Suppose I am contracting out some research / experiments to improve upon a process my company already practices. Obviously I need to first tell him what we practice under status quo.

Now I want to restrict the contractor from disclosing any of this to third parties. On the other hand, a lot of stuff we practice is not exactly patentable since there are old papers and expired patents out there describing some of these steps and innovations. i.e. If some third party did indeed independently come up with the same combination of process steps there's not much we could do about it.

But then again there's a ton of patents and articles and the value lies in knowing which ones to combine to produce a commercially viable product.

Can I still structure the agreement such that I prohibit the contractor from disclosing what we practice? Although he could argue that all of  it is described somewhere in the open literature?

As an extension, if a third party hypothetically started practicing what we do on the basis of stuff disclosed by the contractor, we'd have no patent to sue them for. But could we still do anything about it?

Just want to get opinions on what the body of law is (or precedents) that I ought to be reading to understand such situations.


texts: Assuming some number of shareholders believe that the bankruptcy process is inadequately compensating them (i.e. by setting the company valuation too low and thus giving creditors too much equity in a new entity), is there a possibility of exercising appraisal rights as there would be in a merger?


texts: What act or legal document specifically defines an "Act of Parliament" as a federal act, or primary act under the government of Canada, and not for example a provincial parliament?


texts: What does it mean when an investor say "I will give you $100k in exchange for 10% equity upon conversion"? What does upon conversion exactly mean in layman's terms?


texts: Trademark used only for profit motive / trademark not the right solution?

texts:
My daughter is starting a podcast. It will have a focused theme, say for example "Artists against Racism." (Note: this is not the topic, just a similar type of example). Now the purpose of the blog will be to interview artists, with a focus on how art can be used to help people join together, etc.
When I went to see about trademarking the Podcast title, the application seemed focused on the income the trademark is looking to protect. This...

To me, the purpose of the trademark would be to protect her from investing her time, potentially years of it, and then getting a DCMA or similar notice that someone trademarked the name for a similar, profit driven, business.
The question is - Is a trademark not suitable for this purpose? And, if not, what would one use to protect the entity and her work?
(And, as I write this, and reflect, a fix might very well be that we also buy a nice logo, and just offer to sell some simple items, shirts and coffee mugs (?), and then I proceed to spend some money to show she has income from the podcast. I'm open to this, but it seems disingenuous.)
Please ask questions in comments if I missed any appropriate detail.


texts: FCC: 1975 Rules Relating to Multiple Ownership ( 47 C.F.R. § 73.34, 73.240 and 73.636 ) source? does it exist?

texts:
Where can I find the original/historical 47 C.F.R. § 73.34, 73.240 and 73.636? To clarify, I'm looking at wikipedia: Cross ownership rules of 1975, but cannot find the primary source: Amendment of §§73.34, 73.240 and 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM and Television Broadcast Stations, 50 F.C.C. 2d 1046 (1975).

law-cornell:47-cfr-73 is blank for each entry:

The sections were amended/superseded at some point before the Telecommunications Act of 1996. I've found mention to neighboring sections which were amended, for instance tel-com-act-1996-text on fcc.gov comes up with references to 47 C.F.R. § 73.3555 which seems relevant, but is not what I was looking for.

I found an incomplete 1975 memorandum opinion & order on fcc.gov: in the Matter of Revision of rules permitting multiple ownership of non-commercial educational radio and television stations in single markets.... The document closely matches my subject, although the pdf ends after the opinion, without giving the order itself. Interestingly, the pdf opinion mentions section 73.35(not 73.34), although 73.240 or 73.636 are the same.

What happened to these documents? Where do I find them?


texts: Self incrimination during medical examination

texts:
If, during a medical examination, an alleged accused says anything that might incriminate himself, it should be neither recorded nor reported.[emphasis mine]

source: Synopsis of forensic medicine and Toxicology by K.S. Narayan Reddy

Country: India

Why should the officer not record this clue? or report it?
If the convict is self incriminating (though by ignorance) then why not take advantage?


texts: What is the legal and administrative status of honk-on-lock in California?

texts:
The California Vehicle Code Section 27001 states

(a) The driver of a motor vehicle when reasonably necessary to insure safe operation shall give audible warning with his horn.
(b) The horn shall not otherwise be used, except as a theft alarm system which operates as specified in Article 13 (commencing with Section 28085) of this chapter.

However, 95% of the times when I am startled by a car horn, the car is empty, and the horn has nothing to do with safe operation or a theft alarm system. Rather, the car is honking to let the owner know that he or she has just successfully locked the doors using a remote control - the so-called "honk-on-lock" feature.
Is this legal? Is it legal to sell a car which is configured to have this behavior? If not, why is the law not enforced? Would enforcement require additional legislative action? Proof of property damage?


texts: Possession of both Texas ID/License and Out-of-State ID permitted?

texts: The state of Texas will not issue a driver license and a state identification card simultaneously. It also forbids carrying multiple in-state license/IDs, recommending destruction of the prior card after receipt of a new/renewed card. However, I still have a state identification card issued by another US state. Is it legal to carry the out-of-state ID card alongside a form of Texas identification?


texts: Can a police car follow you to increase citations and fines?

texts:
Let's say you are traveling on city streets.
A police cruiser notices you are speeding and starts following you from an inconspicuous distance.  During the time he follows you, he sees more violations.
Is it legal for a police cruiser to keep following you, and tallying additional citations and fines?
I am wondering specifically whether they could follow you to see if your excess in speed lasts for a distance / time, and further penalize you, but am also interested to learn whether they would tally several distinct citations by following you for a long time.
I am asking specifically of United States law.  I am unsure if it would be different for state police and local police.


texts: Does a licensed driver need to be present while riding in the back seat of a fully autonomous car?

texts: I have a friend that I fear will never have her driver's license. Now with the back seat type of fully autonomous cars does she have to be licensed to be able to use one?


texts: Is extracting gender specification by utilising author names from scientific publications GDPR-compliant?

texts:
It is clearly stated in the European Commission website that gender is considered as "Personal data" which is "sensitive" and is subject to specific processing conditions.
However, I am not sure about extracting gender specification on the data that is publicly available such as scientific publications (authors name) or patents (inventors name)? Yet the extraction of gender information requires a process for extracting authors' names and using external API services (i.e Gender API).
Would such experiment be compliant with EU regulations and GDPR? If not, and the gender extraction is considered as "sensitive" analysis, what would be the "specific processing condition" to mitigate any potential risks?


texts: Is it legal to send web requests on behalf of an app user in the UK?

texts:
I wish to create an app which will order taxis from all available cab companies in the area and will cancel the other orders when at least one of the taxis is en route.

At the moment I am doing this by taking the users information, creating them an account, and sending web requests on their behalf to the cab companies endpoints with the user's permission, but without the cab companies (they do not have APIs - meaning they have not intentionally opened their site to allow requests from anything other than the web app they have designed).

I understand they may not be happy, but legally under UK law is there anything I need to worry about when doing this (expect from being liable from any incorrectly ordered cabs - but I would set up a limited liability company if I was ever to release to the public).


texts:
Due to an ongoing case, I was wondering the following.

Can any complaint be made if a barrister suggests something plainly absurd (e.g. the witness made it up when there is CCTV evidence) and also how can anyone claiming to have any ethics lead with that sort of abusive question when he knows there isn't a cat in hell's chance for it to be true.

I am aware of the belief that everyone deserves a fair trial which many lawyers put forward as the reason why they take such cases, bit distressing questioning based on what the lawyer knows to be a lie seems to be more a case of attempting to subvert a fair trial than give the defendant one.

Note the second part is of course being asked within the bounds of 'professional-ethics; I have no doubt that the person indulging in this especially when he knows for sure that it is not true is acting in an evil manner.


texts: Can class action lawsuits be filed against game developers that release broken games?

texts:
When game developers release games that are unplayable at launch, are there any applicable laws that protect the consumers that paid for the game?

Most recently, Rockstar Games released Red Dead Redemption II on PC and it has been riddled with numerous issues, most of which have prevented consumers from actually playing the game they purchased.

While that is just one example, we are seeing this happening more and more lately. In most cases, subsequent patches and updates do fix the issues eventually, but this is not always true.

So my question is this: are there any legal protections for consumers that purchase a defective digital product? If a game were never patched/fixed to an acceptable point, could a class action lawsuit be filed? How long do developers have to deliver that viable product to the consumer?


texts: Is a DoB required to waive injury rights?

texts:
Dance clubs (ballroom, jazz, ..) in the US and Canada sometime require participants to sign a waiver. Briefly, the waiver says: "Dancing is inherently risky. I hereby waive injury rights."

Dance clubs do this to avoid getting sued out of existence if someone is injured on the dance floor. The liability is on those who injured them, not the organizers of the dance club or the dance club itself.

My question is: For this statement to be binding, does it need to be accompanied by a date of birth and a confirmation of participants' IDs?
Could the process be simplified by adding this statement to a web site and stating that "By clicking here, I certify ..."? (If a web form suffices, how can the organizers confirm this was not added after the fact?)

I have the impression that in North America people generally consider their DoB private and will not be too glad to write it for something such as a dance club. Ironically, and despite the frequent noise in the news about how privacy rights in Europe are stringent, the culture there tolerates asking participants in something as innocuous as language courses to write down their DoB, which people there gladly, or at least habitually, do.


texts: Can I lend my car to a friend and leave my handgun under the seat in a cabled lockbox?

texts: I’m in Michigan, I have a permit to carry a concealed weapon, and I keep it in a combination lockbox under the driver seat. The lockbox is cabled to the seat. Is it legal for a friend or family member (who does not have a permit to carry a concealed weapon) to drive  that car (assuming they do not know the combination to the lockbox)?


texts: Is deterministic anonymization of test data ok?

texts:
Deterministic anonymization of test data?

When anonymizing multiple data sources and preserving data consistency we usually end up with a mapping table for "real to anonymized" values. Typically files or database.

Deterministic approach

If one instead uses an algorithm to determine the anonymized value, you would not need a mapping-table and thus processing would be much faster. Furthermore you would get repeatable results which makes it easier to unit test.

Example
1. Real SSN --> (algorithm) --> Anonymized SSN
2. Anonymized SSN --> (algorithm) --> Name, Addresses, Phone, etc

For (2) when masking I cannot see any issues, but for (1) I can see the practical limitation for a non-reversable algorithm when the anonymized values needs uniqueness, one-to-one.

What is good enough?

Creating synthetic data from scratch is an unrealistic dream for most businesses. Anonymized copy-of-production is often an enourmous job by itself and you preserve realism and "dirty data" necessary for all-round realistic tests.

Anonymizing test data is by itself not enough if one was to publicize, since it is almost always possible to re-engineer portions of it. However, data that is used internally for developing software at a company will never be publicized and barely shown at demos.

Is it "good enough" to use deterministic approach ?

It is not a perfect world, anonymization in itself is just a "good enough" approach for test-data used internally at a company. Deterministic one-to-one value generation may technically be possible to re-engineer, but it is "good enough" for use in a testing and development department.


texts: Where can I get a list of driving "primary offenses?"

texts:
As I understand it (and please correct me if I am wrong), (the law in many if not all U.S. states) classifies (non-moving) driving offenses into at least two categories.

Primary offenses are non-moving violations which authorize the police to stop and ticket a driver. All other offenses require the officer to cite a moving violation or a primary offense during the same stop in order to issue a ticket.

For example, some non-moving violations that might or might not be primary offenses include:

Not wearing a seatbelt
No proof of insurance
Broken headlamp or brake light
Expired tabs
Cracked windshield
etc...

Question

  Where can I get a list of primary driving offenses in any (not all) jurisdiction in the U.S.?


texts:
Say you have had a hearing and it was thrown out for lack of evidence.
Now you're having a second hearing with a new judge.  Does he have to read all the new evidence, or can he throw it out, too?


texts: Is the cop right? Is it OK to harass people, but only as long as it's non-sexual?

texts:
(The protagonist of this clip, the "bagel guy", went viral recently in someone else's video)

In this Youtube video (now removed, Twitter copy) a cop tells him it's not illegal to harass people, but only as long as it's "non-sexual". Is he right?

Asking a (very short) guy "How tall are you?"
Asking a woman "How big are your breasts?"
Asking an apparently foreign-born man "What country are you from?"

(All featured in the video) Is there a substantial difference in the legality of these actions?


texts: GPL License type that permits museum fees?

texts: Is there a GPL license type that permits non-direct revenue (from the asset), such as the entrance fee for a museum? Or educational tuition?


texts: What is the point of filing a case with an absurd damage/loss amount?

texts:
In light of recent college admissions scandal, a woman has sued Loughlin and Huffman for $500 billion.

Here is a man who filed for $2 undecillion dollars, in case you need to look it up, it is more money than exists in the entire world.
Dalton Chiscolm v BoA for $1,784 Billion Trillion

What is the point of suing for such an absurd amount? For any of these cases it is obviously not recoverable from the defendants in this lifetime or the next 100. Why would a judge entertain such lawsuits with those damage amounts, and why would a lawyer even attach their name to that kind of case?


texts: What is the rationale behind fair use exemptions?

texts:
"Fair use" is one exemption that allows the use of copyrighted material.

From what I understand, this exemption falls into one of two broad categories:

Teaching, research, news reporting, etc. Basically, this is "educational" use of one sort or another. Although there may be a commercial purpose (for a college, research lab, newspaper), etc., there is a public policy priority of informing people.
The second category is comment, criticism, or parody. Here, the use is clearly commercial, but is often allowed. My understanding is that's because such work is protected under free speech, and perhaps opens new markets (e.g. among people who are "anti" a given work, and who probably wouldn't purchase the original).

On the other hand, certain other "derivative works" are not considered fair use, even though they may be at least somewhat "commentative," and also have educational value.

Why might that be? That is, how might they differ (legally) from items in (2) above?


texts: Criminal liability for neglecting to stop a suicide in the Netherlands

texts:
In The Netherlands, suppose adult person A knows that adult person B is actively planning to commit suicide. Person A does not attempt to either assist in the suicide or block it.

Person B commits suicide. For what crimes, if any, can person A be prosecuted?


texts: Department of Motor Vehicles driving test makes no sense!

texts:
I have just received an instructional permit in the state of California after passing my written test at the Department of Motor Vehicles. I am currently trying to find opportunities to use this instructional permit for the very purpose it was issued to me, namely to practice driving with an individual holding a valid driver's license before the real deal.

At the DMV, I was advised to find a "friend" who could allow me to use their car to practice and then bring this "friend" as well as their vehicle to the DMV. The DMV does not provide vehicles on test day. I have two major problems with this:

1) "Bring a friend" is not very professional or rigorous legal jargon. What if none of my friends have cars? What if I have no friends?

2) It so happens that some of my friends do have cars. However they all have the same legitimate reaction when I ask for help.There reaction is unanimously "What about insurance?" Their name is on the insurance, so if something happens to the car during our practice or even during the driving test at the DMV, they are ultimately responsible. Is the challenge of finding someone who is willing to jump in head first to a possible legal entanglement part of the driving test?

Someone please help as this makes no legal sense to me.


texts: Talking about a crime after a non-disclosure agreement

texts:
Let's say I have this scenario.

I commited a crime. No one has caught me yet.

Another person catches me. We agree to sign a non-disclosure agreement.

That person ends up speaking out about my crime.

Does this mean I will be investigated by some sort of government and sentenced if I was found guilty?

OR

Will my crime not be legally allowed to be investigated into unless another reason shows up of why the government should investigate.

Then what will happen to the person who spoke out?

This is all a scenario and just looking for the answer out of interest.


texts:
I have read many opinion articles which discuss the possibility that some states fail to appoint any presidential electors (as actually happened with the state of New York in our first federal election). And they often go on to say something to the effect that, "if nobody gets to 270", then the House of Representatives elects the president (and the Senate elects the vice-president).
Is that correct?
I am not a lawyer, but I read the plain language of the 12th amendment (emphasis added):

The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President.

If for some reason the states of GA, MI, PA, and WI (to pick four states at random) did not appoint any electors this time around, then if I did the math right, there would only be 476 electors. In that case it seems to me that a mere 239 electors, not 270, would be "a majority of the whole number of electors appointed"; and the election would only go to the House of Representatives in case of a 238–238 tie; or if, instead of failing to appoint any electors, those states would instruct their electors to cast blank ballots or to vote for a third candidate.
Am I right, or what?
(By the way, I noce that the founders didn't provide for a four-way tie in the electoral vote, but that would be another question.)


texts: Have there ever been examples of public school's restriction of community service being unlawful?

texts:
My school's community service policy (while ambiguous throughout the whole thing) Seems to me to discriminate against not only religions, but my religion specifically. The particular clause I'm referring to states:

  Your community service project must benefit a group, organization, or person outside of your household, immediate and extended family. Eagle Scout, Church-related or court-ordered community service hours may not be used for this Project.  (Emphasis not mine)

The particular portion of this clause, the last part; "Eagle Scout, Church-related or court-ordered community service hours may not be used for this Project." is what I'm at ends with. The project makes a specific statement to disallow all service associated with "Churches", in the same clause it refuses to accept projects being used for other purposes.

And to add confusion to the mess, the phrase, IMHO is unnecessarily ambiguous, stating "Church-Related" instead of being specific as to what is and isn't allowed. I've asked my guidance counselors as to what is and isn't allowed in terms of this, and they said to ask my PE teacher, as they (as per stated) are in charge of the Volunteer Community Service Project (VCSP). My PE teacher told me they can clarify questions during a pre-approval phase for the project. As I understand it, that phase goes like this:

The student signs up for service or alerts the organization and receives permission to perform it.
The student goes to their PE teacher and asks if the project can be used for the VCSP
The student can ask questions about the VCSP (For some reason, only if they've already prepared a project)
The PE teacher either approves or denies the project, citing a reason if denied.

This whole process makes no sense to me and seems completely illogical, so I figured that before I schedule any more projects that I find out if there are cases of similar organizations to my school losing similar cases to this.

Some Details

The school is a public school, Located in Rhode Island (United States)
The Project is required to graduate
To my knowledge, the school has never had problems with policies before
I am a minor


texts: Work related injury, their doctor wants to know if I am single or divorced, how long ago was I divorced, how many children, how old are they, every surgery of my life.  I hurt my shoulder. Marital status is a moot point. A surgery 40 years ago has zero impact. They are fishing?


texts: Can the trial court's jurisdiction over new trial motion be extended by itself on the basis the court "tolled statutory time limit" due to COVID-19?

texts:
This is a family court DV case in CA, which a trial was held and both parties prevailed in prosecution but failed in defense. After the trial, a party timely filed a new trial motion seeking a new trial (primarily on the basis of errors of law, and additionally on abuse of discretion), and subsequently filed an amended motion in a month when transcripts became available. In response, the court vacated the original hearing date for new trial motion, and set it for a later date when the amendment was filed.

However, the coronavirus crisis happened. As a result, 2 weeks before the hearing, the clerk of the court moved the hearing for the motion to a later date, presumably following the general order from presiding judge which limits the type of hearings the court could have during COVID-19 crisis.

There is one problem: the new hearing date is set to be more than 30 days beyond the 75-day deadline set in CCP 660. This means at the time of the hearing, the court no longer has jurisdiction over the motion (see also Maroney v. Iacobsohn). In this scenario, the motion would be considered denied by operation of law, as discussed in Maroney.

To address this issue, the moving party filed an ex-parte request, asking the court to move the hearing back to its original date, or to just rule without oral arguments. The court denied the request, citing "the court deems tolled the statutory time limits" thus "the moving party's motion won't fail by operation of law". Although the court's view seems reasonable, its legal foundation is ambiguous. The doctrine of tolling generally applies to computing statute of limitations for new filing by litigants, not the court. Additionally, nothing in the statute seems to support the court's view on this matter.

Given the motion for new trial is purely a statutory right and the higher courts have been historically very firm and rigid in terms of its procedures and deadlines (again see Maroney and cases cited), it calls the question whether the court's view is valid, and whether the moving party should seek a higher court to review the trial court's order.

Can anybody shed any insight into this? Was there any case in the past where there is an ongoing emergency that severely impaired the court's functions, and statutory deadlines are extended?


texts: What happens to IP owned by a defunct company?

texts:
Say you have a tech company that over the course of its run develops several projects worth of proprietary software and related IP.  Then for whatever reason (insolvency/winding up, voluntary deregistration, etc.), the company ceases to be a valid corporate entity.

My question is: What happens to the IP held by this company?  For instance, if someone were to get ahold of the software/IP developed by the company and publish (or otherwise use) it, is there any legal recourse against them?  And if so, who would have standing to take that action, and how is that standing established?

Though this question is tagged with 'Australia', I think it would also be interesting to know how it might work in other jurisdictions such as the U.S. and/or other common-law nations, and what the key similarities/differences might be.


texts: Am I responsible for unpaid water bill of a previous tenant?

texts: I recently moved into a house in South Carolina. Upon trying to get my water turned on they informed me I was going to have to pay $1500 in "unpaid fees" in order to get it turned back on. I have a lease, I don't understand why I'm being held accountable for these fees. Can they really deny me water and force me to pay this?


texts: How do I protect my child's assets against medical expenses incurred by their potential guardian?

texts:
I am in the process of drafting a will for my estate and would like to designate friends of mine as potential guardians for my children in the event of my death.

The concern I have is that my friends have a child whom has special needs and is likely to require expensive special needs. As my estate would benefit from a substantial payout from life insurance in the event of my death, I don't want that additional money to become a burden for the future guardians.

To clarify the situation, they have difficulty affording health insurance regularly and their son has significant heart issues. Their son is 2 years old and has had 2 open heart surgeries thus far. They are able to have certain bills forgiven via charity care and other avenues which consider their assets in making a determination.

If I indicate in my will that the estate is to be placed into either a trust or pot trust and designate the potential guardians as the trustees, would that create a sufficient divide between the guardians' assets and my children's for the purposes of determining financial status when a hospital or other entity attempts to determine applicability for charity care or other debt forgiveness?


texts:
The exact words: " Look Up a ZIP Code™ " appear at the top of one of the pages at USPS.com. "Zip Code" seems to have the Trademark™ next to it in many other places on the site, but not everywhere.

According to Wikipedia, it did have some sort of trademark, but it expired.

What sort of trademark was this (without getting too complicated)? And if Wikipedia's right that it expired, can they still use it like a Trademarked Phrase™?


texts:
This is not a joke question. I've learned something strange through the reply to a minor interpellation by parliament.

One would assume that a passport is a proof of citizenship of that country?
In Germany apparently it is less than proof. In Germany a German passport only counts as presumption of German citizenship.

They wrote, in German language, and translated by me to English (German original below):

The citizenship card is the only document with which the existence
of German citizenship in all matters for which it is right -
is significant and binding (§ 30 StAG).
The German passport and identity card are no proof for the German
Citizenship, they justify a presumption that the holder of the
German nationality.

Most Germans poses a German ID card and a lot posses a German passport. The citizenship card (Staatsangehörigkeitsausweis) however is a rarity of which in the year 2018 only a number of 174558 existed (Germany has a population of 83 million). This number comes was soured from another minor interpellation by parliament.
Rather, noways it is difficult for Germans born citizen to acquire a citizenship card (Staatsangehörigkeitsausweis). Authorities refuse to process applications for citizenship cards due to "lack of justification" (German, really hard to translate, "fehlendes schutzwürdigen Sachbescheidungsinteresse"). Even a court ruled:

  Applications for the determination of the existence of the German nationality (§ 30 paragraph 1 sentence 1 StAG) are rejected if they are lacking the necessary dignity of interest.

Let me summarize that for you:

The German passport and identity card are no proof for the German Citizenship, they justify a presumption that the holder of the German nationality, yet authorities refuse to process citizenship cards, which would be proof, and a court agreed with them. In the view of German administration, unless German citizen specially are required to have a citizenship card for some purpose, they don't have the right to acquire a document that would proof that they are German citizen.

Is a passport proof or presumption of citizenship?

German original:

  Der Staatsangehörigkeitsausweis ist das einzige Dokument, mit dem das Bestehen
  der deutschen Staatsangehörigkeit in allen Angelegenheiten, für die es rechts -
  erheblich ist, verbindlich feststellt wird (§ 30 StAG).
  Der deutsche Reisepass und Personalausweis sind kein Nachweis für die deutsche
  Staatsangehörigkeit, sie begründen nur eine Vermutung, dass der Inhaber die
  deutsche Staatsangehörigkeit besitzt.

German source:

Landtag von Baden-Württemberg
16. Wahlperiode
Drucksache 16/1883
04.04.2017
https://www.landtag-bw.de/files/live/sites/LTBW/files/dokumente/WP16/Drucksachen/1000/16_1883_D.pdf


texts: Probabilistic justice or what is reasonable doubt

texts:
We all know that a person should be convicted of a crime if there is no reasonable doubt that the person is guilty.

Let's consider this ideal case.

Bill was killed. Police suspects John. John says, "It is not me."
They go to court and there is only 1 evidence some kind of expert report, which tells that probability that Bill was killed by John is 80%. Or maybe this report is a summary based on many evidence, but anyway, final result of expert conclusion "probability that Bill was killed by John is 80%."

Let's say expert is very professional, experienced and nobody has doubt about his competence and etc. Everybody trust this expert.

What is the correct verdict in this case?

If 80% is not enough to establish guilt, what should the number be? Is it 90%, 95% or 99%?

UPDATE:

Or for example pure mathematical case. Maybe it is stupid example, because I do not expert in all these things, but still. On shooting range was 3 persons, John, Bill and James. John and James shot from the gun at the same time and Billed was killed accidentally, unintentionally. They had the same guns and bullet was not found and they cannot determine exactly who's bullet actually killed the Bill. Let's assume that it was proven, that for both John and James it was criminal negligence. Somebody definitely have to go to jail. But some ballistic experts calculated bullets trajectory and mathematically proved that probability that it was John's bullet 80%, probability that it was James bullet was 20%. Who is going to jail? John or James? And interesting what will happen if calculation gives 50% and 50% :)

UPDATE2:

Another example, almost real :)
Beginning the same as initial story with killed Bill and suspected John who declines everything. There is DNA analysis and something went wrong, for example there was not enough DNA or it was partially damaged and expert gives some numbers, that DNA of killer match with John's DNA with probability 80% (or 90% or 95%).

Please before giving long explanation answer briefly, what by your opinion and from your experience court will decide in the cases UPDATE and UPDATE2? Just something like
80% - not guilty
90% - not guilty
95% - guilty

or less 99% - not guilty, more than 99% guilty.

I do not ask how it is defined in the law, it is clear that in the law there is no any numbers like this. I ask what should be threshold by your opinion and from your experience?


texts: Is a shop that prints your photos on cakes allowed to print photos including people wearing (licensed) brand t-shirts?

texts:
A large supermarket chain in the UK allows you to have photos printed on to cakes (they print it onto a layer of icing, then stick that on a cake). It's someone's special birthday and my wife took in a photo of the family (11 of us) to have it printed.

The store refused because I was wearing an (officially licensed, and maybe even bought from that store!) Mario t-shirt. It's clearly visible, but it's just a t-shirt on one person out of eleven on a photo.

I tweeted them about how ridiculous this is (surely it falls under fair dealing - photo shops don't refuse to print all photos of people wearing licensed t-shirts, or with company names/logos in them?) and got back essentially the same response:

  I'm very sorry to hear about this. Unfortunately we are unable to do this for you, I know it is a frustration but we do not own the rights to this image and branding. I'm sorry for the inconvenience caused.

To what extent is the shop right about being able to print this photo on my cake?

They're right and this is not allowed
It's probably allowed but they're just being cautious
It's ridiculous nonsense


texts: Is it illegal to reverse engineer .docx file format?

texts: Micrsoft's '.docx' file format is closed source. There are many softwares that convert '.docx' file to any other (ex. pdf,rtf,odt,txt) . These software developers must have to reverse engineer '.docx' file format in order to study it and be able to convert it to another. So is it legal to reverse engineer these kind of proprietary file formats?


texts: How do I go about having a guilty plea withdrawn in New York?

texts:
I was falsely arrested for Criminal Trespass and during the arrest I was mistreated. I told my lawyer i wanted to sue the city and cops for the wrongful acts they did to me and the fails incarceration. the Lawyer told me that he agrees. He told me he would take care of everything. When the day came for me to show up with my lawyer he told me to sign some papers and then I fond out after the fact it was a guilty plea. I have been trying to reopen the case for almost a year now. I have filed paperwork with the court and with the attorney general's office. No one will respond to any requests I have made.

What is the process for having the plea withdrawn?  Is it even possible at this point? It has been over a year and I don't expect any justice to be served. I'm merely asking if things could have been done.


texts: How can the US House of Representatives transition to be elected by proportional representation? Would editing "PL 2 USC 2c" work?

texts:
Here is context for my question: I am a student studying political science. I am researching policy that could be used to dismantle the stranglehold that the Democratic and Republican parties have on American elections. In some ways it seems that our national electoral system is engineered for the success of only these two parties. In recent years, some ideas have been floated to make third party campaigns more viable, such as ranked choice voting. However, maybe I think these ideas don't go far enough to dismantle the two-party system. Let's say I have one objective: Transition the United States House of Representatives to be elected by a system of proportional representation. This applies only to the US House, not the Senate, not state assemblies, not anything else. Just the House of Representatives.
(Here is my understanding of proportional representation, I would love more insight: Proportional representation is an electoral system used by democracies all around the world, but not by the United States. We use a "first-past-the-post" system to elect representatives. In proportional representation, everyone within a state would vote for a party, not a candidate. Let's say, in the state of Colorado, the Democratic Party gets 35% of the vote, the Republican Party gets 35%, the Libertarian Party gets 15%, and the Green Party gets 15%. Each of those parties would get a number of Colorado's US House seats proportional to their share of the vote. For example, the Libertarian Party would get 15% of the seats.)
So my objective is to transition the House of Representatives to a system of proportional representation. To my understanding, our "first-past-the-post" system is federally reinforced, since "PL 2 USC 2c" mandates that representatives be elected via single-member districts. As far as I know, as long as these single-member districts exist, we cannot have proportional representation.

What is "PL 2 USC 2c?" What does it mean? What does it legally mandate?

What is the legislative process for overturning or editing an article of public code like "PL 2 USC 2c?"

Can it be edited to let states choose how to elect their representatives, so that proportional representation can be implemented on a state-by-state basis?

Are there Constitutional obstacles to proportional representation and specifically to editing "PL 2 USC 2c" in this way?

Obviously, in practice, these proposals would be met with resistance from legislators, and accomplishing this would be a bureaucratic nightmare. I am not interested in hearing about those kinds of obstacles, I am simply wondering if this can be accomplished legally. Thank you all so much.


texts: Can action be taken against a Discord server for someone admitting in chat they're under 13 then changing their age to over 13 thereafter?

texts:
Suppose you have a Discord server with a member who voluntarily tells people in chat that they are 12 years old. For purposes of this example, the user says

I am 12 years old.

Then after making that claim, they tell the moderators they are instead 18 years old in a private DM. For purposes of this example, the user says

I am actually 18 years old.

My questions are

Whether or not the Discord server is legally required to ban this user after voluntarily saying they are 12 years old, even if they then say it was fabricated, either in the public chat or via private DM.

Outside of banning the user, is there any other action the server administrators are required to take?

Hypothetically speaking, could the server owner/server be held liable if god forbid something happened to or on behalf of that individual?

Useful Information
Discord TOS says:

By using or accessing the Discord application (the “App”) or the website located at https://discord.com (the "Site"), which are collectively referred to as the “Service,” you agree (i) that you are 13 years of age and the minimum age of digital consent in your country, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 (or the minimum age of digital consent, as applicable) and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms.

A recent Tweet from Discord:

Anyone under the age of 13 cannot use Discord per our Terms of Service. If a server owner is aware and ignores it, we will take action on the server and/or owner.


texts: How is the legal successor of the rigths of a no longer existing state determined?

texts:
I was reading about the conflict between Spain and a company (Oddisey) about the ownership of a wrecked treasure ship. Essentially that ship was sunk in 1804 full of gold, and the dispute was about the ownership of the gold. That ship was launched in Cuba in 1786.

That gold belonged to a state called "Spanish Empire". I understood that american territories were not legally part of that "Spanish Empire". However there were several legally successor states between 1804 and today, more specifically there was a constitution in 1869 that declared Cuba and Puerto Rico as belonging to a successor state (First Spanish Republic). Countries that later on they get independent from, actually, a different successor state.

My question, in terms of the rights over previous possessions, in this case a ship wreckage, how is the legal successor of an state determined? In this case I see several potential successors who can claim the wreckage might belong to them:

Current Spain can claim as the natural successor.
Cuba and Puerto Rico can claim it was part of the legal country in 1869 that owned the ownership rights of the wreckage from the "Spanish Empire".
Cuba can claim, on top, that the ship was originally launched in La Havana in 1786.

So, how is the successor state determined? I see the problem here with Spanish Empire but I imagine USSR and Austrian Empire as similar situations...


texts: Is it possible to offer an loyalty program that doesn't have intrinsic value

texts:
My website offers a social network and a software-as-a-service that allows users to build their own website. The SaaS solution has three pricing plans ranging from free to $15 monthly.

Users of the social network earn 'points' for actions they perform within the social site.

How much of a legal mess is it to allow users to 'redeem' their points to:

Unlock features of a website using the free pricing plan
Add subscription days to a paid website plan at $0 cost -or- allow them to use their points to get a percentage discount on future paid plan monthly costs

My ultimate concern is that someone will construe that N number of points has some real world value based on the discount they could receive when purchasing a service. Does a system like this fall under gift card and trading stamp laws when you don't have to make purchases to earn the points?

Please note: this is a startup company with a tiny/non-existent budget.


texts: Could a person with a noble title take a federal office without abdicating that title?

texts:
The Emoluments Clause of the Constitution bars people holding office from accepting a title from a foreign state. But what about a pre-existing title? If, say, the President appointed a Duke to head the Department of Education, or if an otherwise-qualifying Count was elected as a senator, would they be forced to abdicate before they could take office? Or no?
It at least seems to me that since the never-ratified Titles of Nobility amendment did specify "accept, claim, receive, or retain" (even if that was drafted 20 years later), that the Emoluments Clause was intended purely to prevent accepting a title once in office, but searching around I can't find if this ever came up in practice, or any commentary on this hypothetical situation.


texts: Is it illegal to record a voicemail greeting?

texts: Let's say I wanted to compile voicemail greetings for a fun project which may be put online. The voicemails would be of school district administrators from their office phone numbers. Would the practice of recording the greetings be illegal? What about posting them online?


texts: Standing to sue the President for injunction to stop National Emergency Powers

texts:
Who would have standing to seek permanent injunction stopping the President from declaring a national emergency and redirecting funding from Military Construction or Civil Works under 10 U.S. Code § 2808 - Construction authority in the event of a declaration of war or national emergency  or 33 U.S. Code § 2293 - Reprogramming during national emergencies?

As I read Raines v. Byrd I don't think an individual Member of Congress would. Certainly a citizen would not. Could the House of Representatives by House Resolution gain standing or would it take a J Res which would be hard given the Republican Senate?


texts: Is it legally considered texting and driving if you ask Siri to send a text for you?

texts:
Virtually every state has laws forbidding texting while driving. However, iOS devices have the ability to send text messages through the Voice-activated Siri (Android devices may have similar capabilities). For instance, you can say the following:

Me: Hey Siri. Send a text to my wife.
Siri: What do you want to say?
Me: Traffic is bad, I'll be home a little late.
Siri: [Displays my message on screen] Ready to send it?
Me: Yes.

All of this can be done without touching the phone, and although a transcription of your message appears on the screen, it is not necessary to look at it.
From a legal point of view, would asking Siri to send a text while you are driving be considered texting and driving?


texts: Is it legal for Maltese border officer to ask where an EU citizen is coming from?

texts:
Long story short: the officer first checked my passport, then asked me where I was coming from. I replied that he had no right to ask such question and that me not answering wouldn't be a valid reason to deny my entry. He then asked to check my boarding pass and I gave in because I didn't want to make the people behind me wait for us to have an argument.

My question is: did the officer have the right to ask where I was coming from and (even worse) to present a boarding pass? His excuse was "they changed the law last week and now we are vetting EU citizens from non-Schengen countries".


texts: Indefinite leave to remain. Working abroad

texts:
I read that a person may lose ILR by leaving the United Kingdom for more than two years.

Does this apply also to an employee who continued to pay taxes in the UK, continued to work by a British company, but was asked to work abroad, at the client site, by his employer?


texts: Is not raising a mitigation argument, ineffective assistance of counsel?

texts: If a defendant's counsel does not raise a mitigation argument, is that considered ineffective assistance of counsel?


texts: Can I use another websites drag and drop program to create an image that I will sell?

texts:
More specifically can my customers do it? They want to create a design but have no programs or knowledge to create a design. So can I refer them to a website that has a simple drag and drop, add text and scale options to create their design, then send a screenshot of it to me so I can create the end product for them?

Thanks


texts: Are Putin's constitution amendments legal?

texts: Putin is shaking up the constitution and there were reports suggesting that the process, as well as the amendments themselves, are probably unlawful/illegal despite the Constitutional Court's ruling stating otherwise. Speaking strictly from a legal standpoint, what can be said on the issue?


texts: How can I discover what regulations a biomedical device needs to meet?

texts:
Please note: the contextual jurisdiction of this question is primarily the United States, but could be extended to European and Asian countries as well.

The OpenBCI is a recently-funded startup that will provide open source hardware (that is, open for any derivation but requiring attribution) capable of reading biodata such as "brain waves" (EEG), as well as heart (EKG) and muscle movement (EMG) data. It is clear from their site that this is not meant to be used as a medical and/or clinic/diagnostic tool, and is just a (high quality) hobbyist toy.

However, because it is a high quality "hobbyist tool", there's no reason why someone couldn't come along and build a commercial hardware device on top of its design (it's open source, afterall). This is actually pretty common in the electronics industry. You take an open source design (to save yourself the hardship of designing your own circuit/system from scratch) and then extend its capabilities to suit your commercial/proprietary interests.

I am interested in doing this, however the commercial device that I plan on building would be used in a biomedical/clinical setting. As such, there will be legal medical standards I need to ensure the hardware/firmware/software live up to. I believe this would be:

IEC 6061; and
FDA CRA 21
HIPAA (?)

However I am not sure if this is a comprehensive list or not.

What I'm asking here is: how do I know what standards I must design my device (hardware + software) to live up to, for its intended purpose, inside the intended jurisdictions (which like I said are primarily USA, but might also be Europe and Asia)? Are there agencies I can call? Websites I can turn to? Places like Underwriters Laboratory ("UL") that I can consult?

To make a safe, legally-compliant and industry-compliant biomedical device, one must build that device to a certain set of standards. How do I find out what those standards even are?


texts: What is US Citizenship status of two persons born to a US mother outside the US before 2017?

texts:
I have two children both born in the UK before 11th June 2017. I, their father, am a British citizen, their mother was a US citizen and we were not married.

Between the birth of the first child and the second, their mother was granted indefinite leave to remain.

At no point did their mother register their birth with any US authorities.

Accord to the website of the US State Dept (bottom section on Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother), both of my children qualify to apply for US citizenship.

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

I am correct in my belief that they do not automatically have US citizenship?

Note: I am not asking for advice in seeking US citizenship for them, merely confirming their current status.


texts: What does "Government of India" means in Fundamental Rights?

texts:
So far my understanding has been that the government is the driver, the face of the State, and executive, legislature and judiciary are the three branches of the government. That's what I have so far considered to be the case for India too. However, a reading of Article 12 confused me. Here's what it says:

Definition

In this part, unless the context otherwise requires, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

Why does it explicitly writes State includes the Government and Parliament of India?
Does Government of India means only the Executive branch? Furthermore, is it same as Union Government?
Or, is it used to refer to Union Executive there, because Union Legislature is referred to by name as Parliament of India.

The Wikipedia page for India shows that Government of India has all those three branches.


texts:
In the recent trial of former officer Derek Chauvin, today he was found guilty on all charges.  Those charges include:

Murder in the Second Degree (Murder 2)
Murder in the Third Degree (Murder 3)
Manslaughter in the Second Degree (Manslaughter 2)

Now here's my question: One person died.  Three charges, all called "Murder" or "Manslaughter".  Defendant found guilty on all.  How can someone be guilty of 3 different charges for killing someone when only 1 person died, without violating double jeopardy rules (that you can't be charged more than once for the same crime)?


texts: Can someone from a non-English speaking country and university apply for universities inside Canada or US without TOEFL or IELTS?

texts:
Someone at OneKeyVisa immigration agency told my friend that she can apply for and get accepted to US universities and get her Student Visa without any English test scores and then request some English units instead after being accepted as a student.
Is that true? Any thoughts on the agency itself? Is it a scam or is this real?
Please provide official solid sources in your responses. Thanks.


texts: In what circumstances are the police permitted to break the law?

texts:
I assume (but this isn't necessarily the case) that the police are permitted to break the law in order to enforce it. By break the law, I mean perform acts that would usually be illegal - say, if a private citizen did them - without sanction.

There are some powers that are explicitly granted to the police - for instance, to use a vehicle with sirens and lights - that's not really the point of my question.

For example - but an answer should not be limited to these:

When can the police direct another person to commit an illegal act?
In what circumstances can the police exceed speed limits or ignore traffic lights/signs?

Yes, they're intentionally broad - I'm hoping at least one answer for this will be detailed and thorough, and contemplate a few examples of situations.

Is this the case? In what circumstances? Do they need written authority to do it in every instance, and/or what kind of authorisation do they need?

For simplicity's (although I doubt it will be) sake, let's limit this question to the United States.


texts: Are there any laws governing US employers retaining images of SSN card?

texts:
I know that a company in the US can ask for your SSN, and you may refuse just as they will refuse to employ you.

On the W-2 section of the SSA site, it states that IRS Pub 15 says:

  “You should ask your employee to show you his or her social security
  card. The employee may show the card if it is available.”

If I am a US citizen with a Social Security Card and can and will provide the SSN to a US employer,

are they violating any Federal laws by requiring me to allow them to retain a copy of it?
Does it matter if they are private or funded by a Government?

I'm also interested in any State laws, but that would be incredibly broad.

I ask because I know the risks from an information security perspective, but I don't know how to translate it to a business perspective.


texts: What's the difference between Ordinary, Class A and Class B Shares?

texts:
I incorporated my company using an Online service. Not knowingly, I created class A, B and Ordinary shares during the incroporation. However, in the company constitution there are no mention of what differentiate these shares.

Is there a common legal definition for class A, B and Ord shares?

I live in Australia.


texts: Placing a Police Officer Under Citizen's Arrest

texts: If you place a police officer under citizen's arrest, does that officer still hold the authority to arrest you?


texts: Buying contracts/agreements from another company

texts:
Company A creates agreements/contracts with instructors who have created courses to sell online.  The agreement/contract is signed by the instructors and owned by Company A.
Company A wants to sell the company to Company B.  However, Company B would rather buy the courses and the agreements/contracts and allow Company A to dissolve.  Is this possible without having the instructors sign another agreement/contract with Company B?
Thank you.


texts: Why are Nazi war criminals being prosecuted now?

texts:
Lately numerous former Nazi war criminals are being prosecuted. The latest being a 97 year old former SS soldier.

But why are they being prosecuted now? Why did they take so long to do this?


texts: Is it legal to hack a hacker back (in the US)?

texts:
I was wondering if it's legal to do what most people call a "hack back." Suppose someone tricked you into downloading software onto your computer that was designed to steal your data, but it was advertised as an online security software. Then you found out. Would it be legal to shut down their servers, or maybe even delete all the data on them, to prevent yourself and other people from this attacker?
Because I think of it sort of like self-defense: Someone tries to attack you, you can defend yourself (mostly). If a hacker attacks your computer, could you go and prevent them from doing so (by shutting down their servers)? I would think yes, but I don't have any idea of the law.

I have taken a look at this post, and though it does clear a small bit up about this, it does not fully answer my question.


texts: Is there a rule of thumb for determining the amount one should accept for a settlement offer in the U.S.?

texts:
For this question let's use the amount of $200,000 owed to the plaintiff by the defendant in a breach of contract dispute. Is there a rule of thumb for calculating how much you should accept in a settlement?

Some factors:

The monies owed are for specific damages based on transactions and do not include anything arbitrary such as emotional damages, etc.
50% of the $200K is based on a verbal agreement and past practice
If I had to estimate the odds for a trial, I would put them at 70/30 for the plaintiff


texts: If someone leaves a scooter from a vehicle sharing service in my yard can I dismantle it?

texts:
A scooter from a vehicle sharing service (Bird) was left in my yard. What laws do I break if I dismantle it? Does the owner have any civil claim against me? Assume the scooter can be reassembled.

Also assume that I have no contract with Bird. I’ve never even been on their website.


texts: Republishing in old book, what are ones rights and obligations?

texts:
I have an old book on shelf, published in, and copyright date of 1913 (US). Looking over a copyright law page on the subject, I am thinking the copyright has expired but am not 100% sure.

What kind of research do I need to do to reasonably determine the copyright has expired?

What I am considering doing is scanning the book, the pictures in it (photos and hand art), then perhaps self publishing the results on amazon or maybe a website.

Assuming the copyright has expired and there is no infringement, I publish it online, what (copy?)rights would I then have if any?


texts: Is a verbal agreement to start the hiring process (i.e., "preparing the contract") binding?

texts: Is a verbal agreement to start the hiring process with a German company in Germany binding by the German law? In other words, does one have to sign the contract once it is ready?


texts: Pay a company to refuse business with a specific individual?

texts:
Can I pay an apartment complex to refuse business with a specific individual?
Or more generally, can I pay any company to refuse business with any specific individual?

I believe that this would be illegal, but I don't know what laws it would break. Would it be discriminatory, bribery or other?


texts: Would towels under floorboards (for sound insulation) be considered an unacceptable fire risk?

texts:
I am a live-in landlord (UK), with two lodgers. My bedroom is on the ground floor, my lodger is in the bedroom above me. I want to reduce the noise from above, and this video suggests that folded towels make great sound-insulation.

I want to put some folded towels under the floorboards in my lodgers' room for this reason. However, most towels are 100% cotton and so burn quite well. Would I get into trouble for doing something like this?


texts: Offering a free service (SaaS) via website as a personal individual person in Germany for everybody (global)

texts:
Want to offer a free service to scan code via my website (Software as a Service - SaaS) . It will be free for now, run as a individual in Germany to be used globally (anybody in the world). Hosted on server in U.S. This is side project along full-time employment.

Can I put on the website only my Fristname and Lastname and email as binding entity to Terms of Use, Privacy Policy and Disclaimer? I don't want to put my home address on the website.

I think as long as I don't take payments, financial laws and tax laws should not apply.

Can I also safely offer for it to be used by companies in Germany?

Where can I find good examples of those for my adjustments.

Thanks


texts: Can physical force be used to protect your property?

texts:
When can physical force be used outside of personal self defense? If you see someone repeatedly kicking your car can you chase him away? Say someone is at your door step and pushes past you inside, can you use force on them? What if you're carrying your laptop and some nut keeps following you and kicking it?

On another note, if you see someone getting attack, is it legal to intervene by using force e.g. tackling or hitting the attacker?


texts: In section 3B of the United States v Microsoft Corp Final Decision the court orders that "Microsoft's provision of Windows Operating System Products to Covered OEMs shall be pursuant to uniform license agreements with uniform terms and conditions." What are uniform license agreements? I have not been able to find a definition on google or Stack Exchange.


texts:
What is the processing time for a HIPAA complaint filed with Office for Civil Rights?

I filed one two months ago (a lab who performed a blood test on a patient failed to send the results to the patient no later than 30 days from the date of patient's request), but I haven't heard back from the Office for Civil Rights.


texts: What actions to take when a Data Processor doesn't respect GDPR?

texts:
We've recently exchanged emails with one of our Data Processors, because they don't grant the ability to permanently delete hosted documents (pdf, png, etc.) on their platform. Such documents might contain personal information.
In the event where an end-user would want to permanently delete such documents, we don't have the ability to do it for them (because the Provider doesn't give us any tool for doing so). Thus, we can't comply with any privacy-related request from our end-users. It also seems even the Processor cannot perform such a request in the event where we would forward the request to them. (they don't seem to have the necessary tools, either)
Therefore, we believe they don't comply with GDPR because of the Right to erasure/rectification.
The Processor doesn't recognize their responsibility on this matter, and are stating they respect GDPR regulations. Although, they haven't provided us with any meaningful reply regarding that particular matter. They're basically saying they're doing things "by the book" and sending us links to their online documentation, which do not answer the issue at hand.
At this point, we're concerned about what to do next. It feels like they won't acknowledge the issue and won't take responsibility about fixing it. We're thinking about opening an official enquiry, but we're unsure how to proceed.
Edit: The data processor is based in the US, while we are based in France (EU).
We have signed a DPA with them.


texts: The legality of fictional stories involving sex with minors in Canada?

texts: What Canadian laws govern the writing and publication of fictional stories involving sex with minors?


texts: What is the punishment for slavery in the United States?

texts: It appears that slavery is in fact illegal.  What is the punishment for practicing it?


texts: Why might Eric Abramovitz not be able to collect his damages from Jennifer Lee?

texts:
Eric Abramovitz is a talented clarinetist whose girlfriend, Jennifer Lee, accessed his email account to decline a once-in-a-lifetime scholarship and opportunity to study under Yehuda Gilad, a world-renowned clarinet instructor. According to Slate, Abramovitz was awarded $350,000 CAD in damages from Lee by an Ontario court and might not be able to collect.

  Lee never showed up to the trial or attempted to defend herself, and Abramovitz says he is unaware of her whereabouts, so he may be unable to collect the damages.

My question is: why is his inability to locate Lee relevant? Do the courts in Canada not help find the people who have been ordered to pay damages? What are Abramovitz's options in this case?


texts: Does having medical marjuana card override non-smoking?

texts: If someone has a medical marijuana card, can they smoke in areas that don't allow smoking (for example inside restaurants or at work)? I'm curious about Vancouver, BC in particular.


texts: Can a School Keep a Child from their Parents, as a byproduct of discipline? (USA)

texts:
This issue had been bugging me for a while, and I think I finally figured out how to phrase it:

As one of the punishments for infractions, some schools will detain children, hold them past the end of normal class schedule as punishment.

Parents and teachers don't always see eye to eye on this, so my question is this:

What happens if a parent refuses to allow the school to detain their child?

I imagine that in the case of the weekend detention, the parent simply doesn't bring their child to the detention. Is the parent  in any legal jeopardy for failing to do this?

If a parent shows up to school on the day of their child's scheduled detention, demanding their child be released at the usual time, must the school comply?

Strictly speaking I'm interested a legal perspective as is written in laws, not in contracts. I am aware that a parent may have signed a consent form to such detentions as part of the enrollment process, which could trigger civil action

Jurisdiction: I'm in NC, USA, but an answer from another jurisdiction is always welcome :)


texts: Does "furtherance of a crime" exception to attorney–client privilege apply if the attorney is unsure?

texts:
If a lawyer suspects that a client shall commit an imminent crime, then attorney-client privilege ceases and communication is not privileged. But what if the lawyer is unsure whether the crime is about be committed? For example, consider this hypothetical:

  A client informs their lawyer after killing someone through torture
  (for example, by burying them alive), and also of the location of the killing.

If the victim has already died, then the crime is murder; so presumably this communication is privileged.
However, if the lawyer doesn't know definitely that the person has died (attempted murder),
then  furtherance of that crime may be prevented.

Does the lawyer have a duty to report the information to the police?
Are there any legal implications if the lawyer is wrong?


texts:
How to tell if an image is copyrighted?

For example, I want to say that my client uses a product for their hairdressing service.

Can I use images of the product directly from the product website?

What are some general ways to tell?

And who gets sued, me or the hairdresser?


texts: I have been recently hired by a US based company to code on their platform. Living in a different country, how can I verify that the company is legit and how do I find any information regarding the company. Like in my country the government has a portal where I can check the registration details of the company including the registered office address, board members, paid up capital etc. I have requested the registration information of the company and they have provided me with the registration file number. But I cant find an official site, where I can cross verify them. Any help would be appreciated.


texts: Can the police video-record sexual acts of underage children during an investigation?

texts:
I have read today that "New England Patriots owner Robert Kraft charged with soliciting prostitution in human trafficking probe". In the article itself, they state the that:

  "Robert Kraft, is being criminally charged with soliciting
  prostitution at a spa in Florida, where surveillance video showed him
  receiving sexual services, police said Friday"

Also, police says that 25 other people are being charged 'with soliciting prostitution', and that 5 Massage Parlors are being shut-down due to the investigation.

So I can only assume that those Massage Parlors did not check people's IDs for age etc. So theoretically an underage child could have went there to get the "same services". The police seems to have planted hidden video cameras and were recording all these clients getting sexual treatments (assuming sex and handjobs).

So now comes the legal question:

Can the police video record you naked or having sex?
Can the police video record underage children naked or having sex?
If the police record you, and the video clip gets hacked or leaked, what is the police's legal responsibility? Wouldn't it be distribution of pedophilia materials which is illegal?


texts: Do you get paid more if your notice period ends on bank holiday/weekend in UK?

texts:
I consider leaving my current job in UK and wanted to ask about the following situation. I work in UK, my contract is indefinite and my notice period is 3 months. Let say I hand in my resignation today, then my last day of work would be Thursday 22nd of December (23rd?). However, in 2016, the 24th, 25th, 26th and 27th of December 2016 are not working days (weekend + 2 bank holidays).

Does it mean that if I hand in my notice on the 27th of September I will get paid for extra 4 days?


texts:
From: Small Claims Court: Procedure and Practice (4th edn., 2017)

p. 84 Top defines cause of action as:

  the factual and legal grounds for seeking a remedy from a court

p. 141 Bottom defines merits of the case as:

  the legal principles upon which a party's assertion of rights is based

How do they differ?


texts: Who can legally sign an easement in the event of the death of the land owner?

texts:
I own property in Snohomish County, Washington, United States (MY PROPERTY) that requires use of a driveway on a neighbor's property (NEIGHBORING PROPERTY) for access. The owner of NEIGHBORING PROPERTY passed away a couple months before I took possession of MY PROPERTY, and there is no documented easement. The previous owner had a reverse mortgage and the loan is owned by HUD (Department of Housing and Urban Development). The family has opted to release the deed to NEIGHBORING PROPERTY in lieu of foreclosure.

According to the county, NEIGHBORING PROPERTY is still owned by the deceased. Does the family have the legal right to sign an easement, or will I have to wait until someone purchases NEIGHBORING PROPERTY from HUD?


texts: Does the European Union allow to store medical (sensitive) data in cloud platforms such as Amazon Web Services or Google Cloud?

texts:
Does the EU allow to store patients medical data in cloud databases from providers such as Amazon Web Services or Google Cloud?

What are the legal requirements?

Can you point at some legal source about this matter?


texts: Must a partnership agreement contain 754 provisions in order to make a 754 election?

texts:
I am a limited partner in a nearly 40 year old limited partnership agreement governed by the laws of the state of Nevada.  The partnership agreement is silent with respect to 754 elections.  Can this partnership make 754 elections on behalf of its limited partners or must the partnership agreement state that the partnership will make (or consider) 754 election requests?

Given that the partnership agreement is silent with respect to 754 elections, can the general partner refuse to make a 754 election?


texts: Discrimination, job application and essential requirements

texts:
Is it an act of discrimination when the employer rejects your job application, given that you a) belong to a protected group and b) can demonstrate experience in all the essential job functions (as described in the job description) using the previous projects you have done, as much as it's possible objectively? For instance, the job description says "must have experience working with X, Y and Z" and you can prove that you have a lot of experience working with X, Y and Z.
If not, why?


texts: "No logs" in Switzerland and Internet crime

texts:
ProtonVPN says that their servers are in Switzerland and that:

  Under Swiss law, we are not obligated to save any user connection logs, nor can we be forced to perform targeted logging on specific users. This allows us to ensure that your private browsing history does in fact stay private and cannot be turned over to a third party under any circumstances.

How come this is viable? What if people use their service to commit crimes?


texts: Filing a lien if a client is unable to pay

texts:
Is it possible to file a lien on the work done as part of the contract if the client is unable to pay for it.

For example, if a contractor writes software for a client, and the client makes no payments, can the contractor file a notice under the PPSA (Canada) without a prior sales agreement outlining the work done was collateral.

And is filing a notice under the PPSA with collateral as the contracted work enough to count as a lien?


texts: Can a Supreme Court Justice be recalled?

texts:
Hypothetically, an individual has been nominated by the President to fill an open position on the US Supreme Court.

The Senate has held committee hearings, the entire Senate has advised and consented, and the new Justice has been sworn in and started work.

Then, it becomes absolutely certain that the new Justice has acted in the past in a reprehensible (possibly criminal) fashion, and has lied about his behaviour to Congress.

is there anything that any part of the government (President, Congress, or balance of Supreme Court) can do to remove the new Justice?


texts: Given the doctrine of Contra proferentem wouldn't it be better for the non-drafting party to not point out ambiguity?

texts:
This question is a follow up to If a party says something about interpretation of contract, is it binding? Since courts usually interpret an ambiguous term in the favor of the party that did not draft it, why would the non-drafting party want clarification? If the party that didn't draft the term gets the benefit of the doubt, wouldn't it make more sense for him not to point out any ambiguities and to not ask clarifying questions before agreeing?

Am I looking at this right?


texts: Removal of made public personal information. Privacy laws

texts:
There are many websites today which scrape and aggregate data. Are these laws protecting US citizens and/or New York state residents which ensure that, upon request, the information must be removed?

Fictitious scenario:
Whoami.tld posts addresses, phone numbers, family members, etc-etc.

Am I entitled to have said company remove that information, for my safely and privacy?


texts: Is there any mechanism to enforce judicial recusal?

texts:
Is there any mechanism to force a judge to recuse him/herself from a case? (I mean above and beyond filing a motion and leaving the decision to the judge him/herself to decide?)

For example, Justice Ginsberg recently commented on the U.S. presidential election by taking a favorable position for one leading candidate and against another. If a case were to come before the Supreme Court (à la Bush v. Gore) with the potential to determine the outcome of the election, is there a mechanism by which Chief Justice Roberts (or any subset of the justice panel or any other body, like congress) could force Justice Ginsburg to recuse herself from the case? Or could she unilaterally make the decision to stay on as a potential swing vote?

Even if there is no legal mechanism for an ex parte recusal, I'm curious what the legal ethics of this situation are also.