texts: Religious Freedom, Housing, and Apostasy

texts:
I was raised in the LDS (Mormon) church and am an official member. I am currently attending college and rooming in an apartment complex owned by said church. To make a long story short, I am now seriously considering formally resigning from the church and am worried about how this will affect my living situation. One practically has to be a church member for an application to reside in this complex to be considered: 98% of the tenants are members. If being a non-member is hard enough, I can't imagine how it would be for a former member (culturally referred to as an apostate, with the term practically being a curse word in Mormon theology).

It's no secret that organizations cannot discriminate against individuals on religious basis. But when the time to renew my contract arrives, and I'm denied, or they terminate my residency immediately, do I have legal recourse? Also, I live in Michigan, with a state-level reinforcement of the Religious Freedom Restoration Act. Is enforcing religious neutrality in a housing complex owned by a church a 'compelling governmental interest'?

I'm also generally unaware of the LDS church's handling of legal affairs or how they'd react to this situation. Any research I've attempted to do has lead me to extremely biased sites. Any solid information is appreciated, as I may just be worried over nothing.

I also have the option to just fly under the radar and remain 'inactive' (but still on the records) until my economic situation changes and I can move out. However, I really don't want to feel like my hand is being forced.

Amendment: Apparently students at BYU (one of the church's largest universities) are expelled if they apostatize.  How is this even legal?


texts: Is there any grace period for worldwide trademark protection like patent?

texts:
When it comes to patent, it seems like there is a 12 months period where we can file International Patent from the date of provisional patent.

I have a trademark in the US. I would like to go for international trademark once I raise some money from Investors.

Is there any such grace period available for international trademark?


texts: Belgium's historical Charter for indefinite access to UK waters

texts:
In 1666 King Charles II granted 50 fishermen from the city of Bruges ‘eternal access’ to British waters, and the EU are now trying to 'grandfather' this treaty. Is this treaty valid under all possible circumstances, or is it possible to claim that this is no longer appropriate to present day circumstances? And moreover, is it possible for the entire EU to inherit the treaty in the first place without any questions being asked, given that the EU is not the 'Enlarged Country of Belgium (or any other member state)'.
This is a somewhat analagous situation to a new-build Housing Estate in a rural area. While planning permission may have been granted for the houses, the land itself is subject to an ancient historical 'Covenant' which was drawn up hundreds of years before work started on the Housing site. Theoretically speaking the Covenant applies for all time, but it is possible to make an application to 'discharge' the Covenant on the grounds that it is no longer appropriate to the present day use of the land, even if it can be very expensive to do so in practise.
Is it possible to pursue an analagous process for the seas?


texts: Copying programming problems (with proper citation) in order to write explanations on how to solve them in a blog/website.

texts:
I will be doing two things:

Make a blog/website and copy and paste algorithmic questions and other programming problems word by word (could be from books or other websites) and properly cite them. Something like: this question appeared in this book and it asks us to do this thing and this is how I solved it..
Find solutions for those problems and explain them in an article or video online and put them behind a paywall.

will I be infringing any copyright law? if yes, how can I do something similar without hurting someone else?


texts: What is the area of law for procedures setting out the legislative process called and what theory is there?

texts:
Some laws act to explicitly set out what constitutes a law change, what types of legislation are possible and the legislative process that must be followed to enact a law. What is the area of law under which these are classified and is there any prominent philosophy or legal theory on these types of rules? On the philosophy side I have read some formal work but I am looking for more informal research.

Note that, I am talking about rules that are definitional, defining what constitutes rule change. As opposed to what rule change should take place. I initially thought administrative law covered this area, but it appears not.

Some examples:

"No Bill of Attainder or ex post facto Law shall be passed" - United States Constitution. Here it refers to the type of law that can be passed.

"If a Money Bill, having been passed by the House of Commons, and sent up to the House of Lords at least one month before the end of the session, is not passed by the House of Lords without amendment within one month after it is so sent up to that House, the Bill shall, unless the House of Commons direct to the contrary, be presented to His Majesty and become an Act of Parliament on the Royal Assent being signified, notwithstanding that the House of Lords have not consented to the Bill." - Parliament Acts of the United Kingdom

Thanks.


texts: If a person is court ordered to pay child support in the state of Ohio does that person have the right to claim said children on taxes

texts: Who has the right to claim children. On federal taxes in Ohio?


texts: Do I have to pay sales tax in Utah for freelance programming?

texts:
I have a client in Utah whom I provide freelance programming services for. I am unsure if this kind of service requires me to charge sales tax for it based on the "Taxable Transactions" section in the code here: http://tax.utah.gov/forms/pubs/pub-25.pdf

The line that stands out to me as possibly requiring me to charge sales tax is:

Labor to repair, upgrade or maintain products transferred
electronically. This includes maintenance agreements.

Does that also mean freelance programming?


texts: Can media ask a non profit organization for financial informations? (Canada)

texts:
I work as a VP finance for a non profit organization in New Brunswick, Canada and last week a journal contacted us for financial informations.

I know there is a Right to Information and Protection of Privacy Act (RTIPPA) in Canada but after reading it im not sure we are a public body as described in the act. Can somebody tell me if my organization is under a law that would enable requests to get access to our financial informations?


texts: Copyright Enforcement of Specification Sheets

texts:
For the sake of keeping this question focused, I am limiting the subject matter to technical data sheets. More so, to electronic component data sheets. I.e. for such components as resistors, capacitors integrated circuits, connectors, etc. Commercial electronic component distributors such as DigiKey, Mouser, Arrow, etc. offer 100's of thousands of these for the myriad of components they sell. Most often they are in the form of a viewable or downloadable PDF. These "data sheets" or "specs" list all of the technical particulars of the components such as physical size and electrical characteristics, as well as providing lots of advice on how to use the component in a product you might be designing.
The data sheets are created by the individual manufacturers of the components which are sold by the on-line distributors. Virtually every such component has such a data sheet. These can range in length from a few pages to hundreds of pages.
My question is: are these data sheets protected by US copyright law? Could I, hypothetically, copy 10,000 of these to my own website and offer them to the general public for free? My question is NOT how to go about getting permission from the manufacturers (corporate authors). Rather, my question is do the component manufacturers have any legal ability to prevent and remedy such mass copying?
Knowing full well that such legal questions generally generate a lot of hypothetical, provisional and tentative answers, my further question is has there ever been a specific legal case decided on this specific copyright or IP issue?


texts: Is mere accusation without evidence other than testimony of the accuser, grounds for arrest in the UK?

texts:
Several years ago I was stopped in public by the police. Someone had 'identified' me as abusing them in terms of their gender two years before that. Had that happened, I suppose it would have been classified as a hate crime. In fact, it was a case of mistaken identity and a senior police officer phoned me the next morning to say so and apologise.
My concern was that, although the previous day I had fully co-operated with the police, one of them said, "We will not arrest you yet, but you will have to come in for an interview".  There was no interview because the case was dropped the following morning. There was certainly no arrest or any further proceedings of any kind.
However I was quite shocked with the idea that I could perhaps have been arrested on the grounds of an allegation, merely because someone else made the accusation without any evidence other than their own word.
Question
Is it the case in the UK that someone could call the police and have someone arrested merely on the basis of an accusation of a verbal hate crime, even though there is no evidence whatsoever apart from the word of the accuser?

EDIT
The accusation was something like, "Two years ago this person said hateful things to me about my being transgender". That's all I ever found out. The accuser didn't name me because they didn't know the name of the person who said it. Apparently it was a chance encounter in the street but I don't know the details and the police wouldn't tell me.  The accuser had spotted me walking in the street and called the police based on that.


texts: Recover fees associated with car being impounded

texts:
In British Columbia, there is an excessive speeding law where you get a ticket and your car is automatically impounded for 7 days. If you dispute the ticket and win, you do not pay the ticket but you do not get to recover the money paid to the towing company, nor do you get to recover costs associated with finding alternate transportation (like a rental car, bus fare, etc).

I am curious as to why this is the case. If you dispute the ticket and win, does that not mean that the government erred in giving you the ticket and do you not have a case against the government to recover costs incurred because of their error?


texts: Is it legal to drive a street-legal car via remote control (United States)?

texts:
Specifically, I mean modifying a car so that it can be driven completely by remote control using a first-person view camera like a drone. Would doing this be legal? Would this change if there is a person in the car who is able to take over control at any time or there is a person in the car who can not drive?

Also, if the car gets in an accident where in a normal situation, its driver would be at fault:

Who is responsible?
Does this change if there is a person in the car who can take over control at any time?
Does this change if there is a person in the car who can not drive?
Does this change if someone else is injured or killed?
Does this change if there is a person in the car who can take over control at any time and they are injured or killed?
Does this change if there is a person in the car who can not drive and they are injured or killed?

What would happen if the car was pulled over by police and there was no one inside, or if there was a person in the car who can take over control at any time?

For all of these scenarios, assume that there is either 0 or 1 people in the car at any time.

Disclaimer: I do not plan on doing this, even if it is legal.


texts: Liability for paying for medical treatment not agreed upon

texts:
I recently scheduled an appointment for a treatment plan (gum graft) that covered only some of the teeth I needed work on. The reason I opted to have only some teeth worked on is that insurance covers the cost up to a certain amount per year. On the day of the appointment, I checked in and paid the exact amount that I agreed to for the limited treatment plan before going in to see the doctor. Two days later, I receive a call from the office telling me that my doctor in fact had done all my teeth and that I was due to pay $1500 upon my follow-up visit. I did suspect during the operation that the doctor was doing more than asked, but it would have been too late to ask and I was being operated on so that was the least of my concerns. I have not met with them yet to discuss the issue, but I believe they are clearly at fault for not communicating with the doctor that I did not sign up nor pay for the full treatment plan.

Am I liable at all for paying the medical bill they are now asking me to pay?


texts: France: is it the same copyright principle?

texts:
After reading this: https://www.joelonsoftware.com/2016/12/09/developers-side-projects/

I'm stuck with this:

  Well… maybe. In the United States, if you hired Sarah as a contractor,
  she still owns the copyright on that work. That is kind of weird,
  because you might say, “Well, I paid her for it.” It sounds weird, but
  it is the default way copyright works. In fact, if you hire a
  photographer to take pictures for your wedding, you own the copies of
  the pictures that you get, but the photographer still owns the
  copyright and has the legal monopoly on making more copies of those
  pictures. Surprise! Same applies to code.

Is it the same copyright principle in France? If I make a big JavaScript "generic" implementation of something that I would like to re-use somewhere else, is it legal for me to do so?


texts:
I was wondering if I can sell a WordPress theme which is built on top of those themes that comes with  WordPress when it's downloaded
or download one for free, then modify it completely(I mean here, change the layout,  the user experience, the CSS, some JavaScript, images, icons, typography .. etc.), then resell it


texts: Can’t Justice Roberts even veto unusual hours for impeachment trial?

texts: Granted that the Senate sets all the important rules for the trial, John Roberts is still the presiding officer. I would have thought he has more authority than a court stenographer has. Since there’s no obvious reason for scheduling impeachment all the way to 2am, I would think nixing that would be something in his purview, however limited that purview is.


texts: Would the terminally ill Star Wars fan who was granted an early viewing of 'The Force Awakens' have been legally bound to keep the plot a secret?

texts:
Since reading the news story about Disney and Lucasfilm granting a terminally ill Star Wars fan's wish to see the New Star Wars movie before he was taken by cancer (Good guys Disney and Lucasfilm!); I have been curious as to what the legal situation would have been surrounding watching such a closely guarded and long-awaited storyline before general release. Would he be contractually (or otherwise) obliged to keep all plotpoints to himself? Would the fact that he was terminally ill and not a film critic mean that this legal situation would differ from that which binds critics who see films before general release (assuming that critics are bound in any way)?

I must clarify I do not have a great knowledge of law so I'm not looking for fine detail specifics, but a layman explanation would be very interesting.


texts:
The FTC has a press release with some court documents at Equifax to Pay $575 Million as Part of Settlement with FTC, CFPB, and States Related to 2017 Data Breach. The release includes the link to the document proposed settlement.

My field is data security and I have been studying data breaches for almost 20 years. In fact, I was an early contributor to the DatalaossDB project, which tracked breaches in the early years before they became popular in the press. My observations are lawyers and judges know nearly nothing about data security and identity theft, and they will agree to just about anything. This often leads to unfavorable terms for the victims, and re-victimizes them.

I find some of the terms of the settlement are ambiguous, and some of the terms settlement are obscene. I would like to object to the settlement, and state where some of the gaps are. Some of them are listed below as examples.

The settlement document does not appear to state how to object to the terms or how to offer suggestions for improvement.

How do I object to the FTC and Equifax settlement?

The settlement does a good job at securing 10 years of credit monitoring. However, the settlement does not stipulate or require a "detailed report", and consumers will only receive a "summary report" which are the warez credit bureaus hock to consumers. I would like a quarterly detailed report.

As anther example, the selections of monitoring services also lack Early Warning, which is one of the best fraud detection services available. Early Warning was created by the largest US banks and they share information on consumers in real-time, including anonymous account information (anonymous to avoid poaching of customers). I would like a quarterly detailed report from Early Warning.

As a final example, the traditional credit bureaus maintain VIP databases, which includes actors, politicians, judges, athletes and other influential people. Reports for VIPs are scrubbed for potential inaccuracies and negative entries so actors don't speak out for a cause and politicians don't write unfavorable legislation. I would like the same treatment for life, just like the VIPs.

An example of "... lawyers and judges know nearly nothing about data security ..." is on page 15 from the settlement:

  Implementing protections, such as encryption, tokenization, or other
  at least equivalent protections, for Personal Information collected,
  maintained, processed, or stored by Defendant, including in transit
  and at rest...

In data security and risk management, we say "complimentary security control", not "at least equivalent protections". It is quite painful for me to watch the legal system stumble through the non-legal stuff.


texts: Charging VAT on reselling foreign Wordpress Plugin?

texts:
We are a VAT registered web design company in the UK and we're offering a Wordpress website to a new client which will include a third party plugin purchased from a US website.

My question is; when we bill our client for this plugin, do we have to charge them VAT for it?


texts: Can you identify someone from their car plaque in the UK?

texts: If I had the numbers and letters of someone's car plaque, could the police identify them?


texts: Street Photography with a subject of a person in mind

texts:
Context

So I take pictures on the street and from searching on the Law SE, it seems that people should not expect any privacy rights, when out in public. My question is a variant of some of the others listed below under related where images are used in a non COMMERCIAL blog.

Question

My question is that if I'm taking picture of a person in particular, at a costume event for example, can I post it online to show off my photography skills and also write about it in a blog? I presume the answer is yes as it would follow under an editorial usage? (I'm not trying to defame or slander people or use the images in a negative light.)

Related if they say no but I've already taken a picture of them, is there any legal action they can take against me, if I do post it, or even have the image but never use it? (I wouldn't do this out of politeness but I'm curious. I'm also not trying to harass them for a picture after if they say no.) In a more general sense, do people who either know they are being photographed and pose for the camera or are indifferent to the camera have the same legal actions after their picture is taken, that is to saw a person may like their picture but later on realize they don't want to be in an article?

In the above cases, all images posted are NOT for commercial use and again are used for blogging or related purposes only.

Related

Do people generally have the right not to be photographed on private property?
How do laws affect photography of non-humans in public when people may be in the frame?(AU)
Is it legal to post a photograph that I captured of a stranger in the street?(AU)
Model release for image without faces(AU)
What are the legal repercussions of taking a stranger's picture in public?(US)
What is considered “public” in the context of taking videos or audio recordings?(CA)


texts: Can I copy pieces of Apache-Licensed source code if I attribute?

texts:
Suppose that there is a library (Lib A) licensed under Apache 2.0
Can a develop[er wishing to create a new library (lib B) take pieces of the source code from Lib A and put it into the source for Lib B as it is being written, provided that proper credit is given?
Can a developer instead create a modified version of Lib A (say Lib C). Is there any difference under copyright or contract law?
Does it make any difference if Lib B or Lib C are only for individual use, or if the developer plans to distribute the new library in either case?


texts: PA Learners Permit - Nightime Driving with Parents

texts: I am a teen driver (still sixteen) with a Pennsylvania learners permits, and my parents and I are unsure of something. I am required so many nighttime driving hours, however, if I understand correctly, I am not permitted to drive between eleven in the afternoon through five in the morning. Is that correct? When would ‘night driving’ be considered then? Since I only have a learners permit, I always have my parent in the passenger seat anyways. What would proper procedure be if I was driving, with my parents of course, and ten passed. Let’s assume we were on some long road (traveling to a destination, instead of driving just for experience) and there’s not somewhere to pull over, or at least for some period time. For example, if we were on a long desolate country road.


texts: Non-Party Request for Documents under Litigation Hold

texts: Assume that Party A has brought a civil lawsuit against Party B. Assume further that Party A has issued a document preservation demand upon Party B covering all documents in Party B's possession, custody and control pertaining to their dispute. Can Party B honor a request by a non-party to the lawsuit for production of a copy of a document covered by the preservation demand?


texts: Is there legal precedent for judges require marriage as a condition for probation?

texts:
So apparently in East Texas a judge has ordered that a man marries his girlfriend because he assaulted her ex-boyfriend.

The conditions for probation were:

Marrying his girlfiend within 30 days
Writing Bible verses; and
Attending counselling.

This got me wondering: is something that's happened (and reported on by either media or court reporters) before? If it's happened before in Texas, I don't think I'd be overly surprised, but has it happened elsewhere?


texts: What recourse does an ex-employee have when commission/wages are being withheld by employer?

texts:
I recently left a position while still owed commissions for a deal that closed after my departure. My activities, duties, etc. on this deal were completed. I simply needed to wait for the other departments to finish and close the deal. Now, that employer (based in Palm Beach Count Florida) is withholding a commission due to me ($55,000) and threatening not pay me unless I sign an agreement, inclusive of a non-compete, relinquishing many of my rights to continue to perform in the same field, mention past deals I was a part of etc.

Can he do this? What recourse do I have? Most of what I have researched and read states they absolutely cannot do this and cannot threaten to withhold and make me sign something to get my monies owed. Please enlighten me. Thanks.

I found this Florida statute:
(3)(a) When the contract between a sales representative and a principal is terminated and the contract was not reduced to writing, all commissions due shall be paid within 30 days after termination.
(b) In the event a principal fails to comply with the provisions of paragraph (a), the sales representative has a cause of action for damages equal to triple the amount of commission found to be due. The prevailing party in any such action is entitled to an award of reasonable attorney’s fees and court costs.


texts: Manslaughter or Negligence -does not inform all risks in surgery which results in death of a patient

texts:
Is manslaughter a potential legal consequence of treating a patient without obtaining a valid consent?

i.e. A surgeon does not inform all the risks involved in the surgery to a patient, causing a death.

Because it is an unlawful killing and does not involve malice aforethought, I think it is manslaughter. Am I correct? Or is it just negligence?


texts: Do I need to reveal the source of my income if it itself is a trade secret?

texts:
This is strictly hypothetical:  Say I've discovered a way to transmute nickel into platinum in an energy efficient way.  I'm now procuring and selling pure platinum in large quantities, generating large profits from seemingly no source.

It's not enough that the method not be revealed, it must remain secret that I'm transmuting the element at all, or else the market value of platinum will plummet.

Could I be compelled to reveal the source of my platinum by the state?  And do my actions amount to fraud or run afoul of other laws, should I take measures to protect and obfuscate the source of my income?  For instance, purchasing a mine without actually using it?  Essentially, can I keep the origin of my platinum a secret, legally?


texts: What jurisdictions could a crime committed in an internet chat room fall under?

texts:
This arose from an actual conversation in chat. The question was originally posed by Doorknob.

Let's say that someone denied the Holocaust in a message posted in a Stack Exchange chat room. This is a crime in many countries. What jurisdiction(s) could prosecute the offender, given that users from many different countries - some with the law, some without - might be in the room? Would it be the jurisdiction where the servers are? Could the jurisdiction of the IP address of the person who committed the crime prosecute?


texts: Can a doctor/nurse legally force me to take a drug test?

texts:
I am in California, and had an appointment today to establish care with my new doctor. The nurse checking me in noticed my high blood pressure and sores on my face from psoriasis, both conditions documented in my medical history, and decided I must be high on meth.

She asked me to take a urine test for meth, which I refused. She then threatened to have be detained by the local sheriff and tested against my will if I did not comply. I took the test because I don't have time for to deal with their... uh, stuff...

I have no history of drug use or criminal record. Is there any legal basis at all for what I was subjected to today? And what should I do the next time the medical community tries to extort money from me? Paying for the test, etc.


texts: Commercial autonomous (delivery) robot using sidewalks

texts:
Is it legal to operate a commercial autonomous robot on public sidewalks (and street crossings) to deliver pizza for example? The robot would not operate directly on roads or streets where it could meet other traffic participants.

Places of interest are California and Germany.


texts: Does utilizing "copyleft" programs like git and gcc imply that the output has to be under the same license?

texts:
GPL v2.0 states the following as git's license:

  b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

According to this, any sort of "copyleft" license will stay with "derived" works.

Does this apply in the case of utilizing "copyleft" software output within closed-source/non-"free as in freedom" project?


texts: Does the GDPR cover / apply to (in any way) photography at a workplace event?

texts:
A company organises a staff event during business hours.  Say a hackathon or similar.  The company arranges a photographer and videographer to record pictures, footage, presentations etc.

Speaking specifically about GDPR, does the company need to seek any level of consent from the attendees to use those photographs or video for published material covering the event for use internally, or for sharing with partner organisations (e.g. here's a brochure of how the day went, or here's an intranet article, or here's a video to show what we're up to).


texts: Can I pick off the fruit from a plant that another resident of my building has placed and maintained in our building's common courtyard?

texts:
A resident in a building has placed and maintained a plant in our building's common courtyard. Can another resident of the same building legally pick off the fruit from this plant?

I am mostly interested in the following jurisdictions:

California, United States
Massachusetts, United States


texts: How Can I Become A U.S. Patent Attorney?

texts:
I'm a engineer with a diploma from another country, How would i proceed to become a patent lawyer in the USA?

Will I have to make a full undergrad course or there is a shorter way?


texts: Using movies to learn English by translating the difficult words, is that legal?

texts:
I am a mobile programmer and I want to create a mobile app to learn English. One part of this app contains a list of movies and under each movie you can find the difficult words mentioned in that movie and the translation to another language, so the students can study them before watching the movie.

Is this legal or not?

Note: this app does not contain the movie itself. It just contains the words and translation.


texts: What EU law regulates the service providers liabilities and responsibilities for user posted content?

texts:
This question is closely related to:
How do community websites and forums defend against copyright claims?, but it didn't exactly answer my question as my question is about servers based in Europe.

If a server is hosted in Germany, what courses of action could the site admin take in order to defend themselves against copyright infringements of user posted content? (E.g. pictures from Tumblr etc)

I noticed that America usually uses the DMCA or the fair-use policy (as mentioned in the linked question), but I doubt it is the same in Germany. Would a similar approach work as American forums have? (e.g. put it in their policies that copyright infringement needs to be removed) Or are bigger measures to be taken because the law in Germany seems to be more strict?


texts: If a fight escalates, do both parties get charged with assault?

texts:
Many fights start out benign but evolve into something more dangerous. For example someone responds to a shove with a punch to the gut, and he responds with a punch to the fight, and it escalates.

Say Joe and Bob are get in an argument and Joe shoves Bob. Bob punches Joe and Joe hits him back. Can Bob sue Joe because Joe technically touched Bob first by pushing him?

I know self defense is only valid if reasonable force is used, but how exactly does this work? For example if Bob hit Joe and Joe hit him back and knocked him out, just because Joe won the fight doesn't mean that he loses in court?


texts: Are sellers expected to pay for formerly working Furnace after purchase?

texts:
Bought a house recently.
When we had the inspection the furnace worked and when we did the walk through they had replaced the thermostat and the heat was off.

Now, after signing, the furnace is inoperable, no current running to it looks like it might be a shorted board, upon going back to the home for some reason and my realtor, who turns out is the buyers friend and even campaigning for them, is telling me that the buyers do not have to pay and cannot be held liable.

Is this correct? The furnace was working during the home inspection but her argument is that since we didn't test the furnace during the walk through that they have no obligation to fix


texts: If I have a lease, do I have to live there?

texts:
This is stupid but I am debating with my mom.

I have a lease in an NYC apartment. In the building there are security cameras in the hallways. For some reason she thinks that you have to go home and sleep there for at least half the year, otherwise the landlord can kick you out. She thinks that someone is checking the cameras to track if people are walking in and out of my apartment.

On the other hand, I think that is total BS. I suspect no one is staring at the cameras, and even if there is, it's a 3rd party security company that only watches it if a crime happens. I believe that as long as I don't claim another residence as my primary residence, I can travel abroad for a year and come back and nothing would be at risk.

Who is correct?


texts: Could non-smokers successfully sue smokers?

texts:
I regularly see civil cases where, when one person is harmed, either directly or indirectly by another (for example, builders putting asbestos in a house, lead in pipes, etc), they are able to bring a tort civil case against the person causing the harm, to sue for damages:

https://mesowatch.com/asbestos-exposure-lawsuits/

This is because, chemically, asbestos causes cancer, and lead, poisoning.

There can even be lawsuits against offensive odours:

https://www.legalreader.com/porta-potty-odor-leads-class-action-lawsuit/

Putting the two types of cases together, both a chemical harm (EG causing cancer) and an odour, it strikes me smoking meets both criterion. Second hand smoke has clearly been documented as harmful, and certainly does smell:

https://www.cdc.gov/tobacco/data_statistics/fact_sheets/secondhand_smoke/general_facts/index.htm

Which does mean the harm is foreseeable by a smoker who continues to smoke.

And whilst I'm aware tobacco companies have been sued for selling tobacco, they're not the ones actually burning it.

Which raises my question, could non-smokers, who either get directly or indirectly harmed by smoke, successfully sue smokers? Why isn't this a more common occurrence given the harm of smoke to others?

(Country is unimportant, but I'd be interested to see if it's possible in western and European countries.)


texts: In BC can landlords charge to renew a lease?

texts:
My lease doesn't end for over a month but my landlord is pressuring me into making a decision regarding renewal already. It's too soon for me to make a decision and he said if I decide late there's a $25 fee. Is this legal? The addendum has the following term:

  Tenant  is  responsible  to  extend  the  period  of  time,  they need
  to  notify  landlord with 45 days  in advance and needs to be signed
  new agreement with 40 days in advance. Our office cutoff date for
  renewals is the 23rd of each month, all renewals made or requested
  after, will be charged a fee of $25 for office processing work.

I think this is illegal according to here http://tenants.bc.ca/fees/ but I don't see any options since if I don't pay the landlord just wont renew the lease? I'm not 100% it's illegal because it says it's free before a certain date.


texts: What if a juror admits to having disregarded a judge's faulty instructions?

texts:
There are a number of situations where this could arise, but I'll use the one that I'm most familiar with: the Frank Quattrone (mis)trial.

Frank Quattrone was an investment banker who was charged and convicted (on a second trial) with obstruction of justice when he told people to destroy emails. The judge, Richard Owen, had told the jury that they didn't need to find "intent" or "scienter" (consciousness of wrongdoing) to convict him. An appellate court overturned the jury verdict because it found that Judge Owen had wrongly instructed the jury. (He was a "Perry Mason" judge who had tried mainly mob and blue collar cases, and did not communicate to the jury that "intent" and "scienter" are essential elements of certain white collar crimes including most "securities" crimes.)

A juror is supposed to follow the instructions of the judge. Suppose one did so, and made a public statement while the case was on appeal that "I had doubts about my verdict because my understanding is that intent is an essential element of a white collar crime, and now I've talked to a lawyer, and know that for a fact."

What would be the judicial impact of such a statment? Has such a situation, in fact, actually arisen in the history of American law?


texts: Can a Judge Review Case Facts Without Going to Trial?

texts:
I have foggy recollections of a method where a Judge can review a collection of facts without conducting a trial.

I have been thinking the process is called "Judicial Review", but this idea does seem to match to the these descriptions:
https://nationalparalegal.edu/JudicialReview.aspx
https://en.wikipedia.org/wiki/Judicial_review

Is there a mechanism for asking a Judge to review facts and circumstances without going to trial?
If so what is it called?


texts: If in a country it's allowed to be sold a product with a harmful chemical, is the government or state legally responsible for it?

texts: Some time ago a substance used as a food preservative which is believed by some to be carcinogenic was allowed to be used. If in a case like that it is found at the time that it actually is so, is someone legally responsible for allowing it to be used, or at least not warning people about its consequences? I suppose this is something similar to the use of cigarettes, how does this work in these cases?


texts:
I traded a Domain name (http://stamp.wtf) for a year of hosting by a man.

After (permanently) transfering the domain to the man, he set up an account for.

He then deleted it a few days later (yesterday or today) before I got the chance to make use of the server, because I was writing the code for my application on my own computer.

Is there any legal action I can take?

Before we traded, I asked him to make a contract, but he said "[he] wouldnt make a contract for a $7 domain".

I'm also under 18.

He has blocked and ignore all attempts at communication.


texts: Can an out-of-court settlement that includes an NDA prohibit disclosure of illegal activity?

texts: Can this stipulation be legal and enforceable?


texts: Does pulling a gun in self defense still count as an assult?

texts:
I was speaking with a coworker who was using an example of pulling a loaded gun to drive away a mugger who as armed with a knife, with the mugger fleeing without shots being fired.  He said the gunowner's actions were completely legal and no legal action would happen even if the encounter witnessed by police.
My understanding is that would still count as an assault (or some other charge?) legally, but that he would have an affirmative defense.  He would be found innocent, but he still officially committed an assault and could be forced to justify it.
Is it true that no assault, or other crime, was committed by the gunowner in this scenario?


texts: Canada's Principle of Fundamental Justice - Vagueness and Fair Notice

texts:
Can somebody explain to me what is considered to be fair notice and whether a law is "vague"? I've read an article under the Principles of Fundamental Justice, and it said:

  A law is unconstitutionally vague where it does not give a person fair notice of what to avoid and does not limit the discretion of law enforcement with clear and explicit legislative standards.

Also, in R. v. Levkovic:

  In accordance with s. 7  of the Charter , in a criminal context, a statutory provision must afford citizens fair notice of the consequences of their conduct and it must limit the discretion of those charged with its enforcement.

Does this mean that law enforcement has to give us fair notice, or the laws themselves are sufficient? If the laws give fair notice, does that mean citizens must read the laws to get this "fair notice"?

The law of concern is the Security of Information Act, specifically misappropriation of Trade Secrets, where it is a civil offense in Canada. In order for them to prosecute under criminal laws, surely they must provide "fair notice"?


texts:
Our vehicle was parked at our apartment complex and I noticed that there was a large scratch and dent on it.

Would this be called a hit and run? The person who did it did not leave a note or anything.


texts:
A revisiting of this question.

Hypothetical facts

Alice buys a hardback book from the publisher for $70.
On Wednesday, Wanda pays Alice $10 rent for the exclusive right to use the physical book in question for that day.
On Wednesday, Wanda makes a digital copy of the book and posts it online to an account only Wanda can access.
Wanda returns the book to Alice on Wednesday evening.
On Friday, Wanda opens her digital file copy of the book Wanda rented from Alice Wednesday.

Question

Have any copyright laws been broken? If so, when were they broken? Was Wanda guilty on Wednesday? Thursday? Or Friday? On Friday was Wanda guilty before opening the file? How about after opening the file but before reading the file? How about after reading the file?


texts: Does expected value bear upon the calculation of compensatory damages?

texts:
Suppose I am given a lottery ticket. This ticket has a 1 in 1000 chance of winning me one million dollars, and will otherwise be worth nothing.

Before I can see whether I've won, some guy comes along and destroys the ticket. There is no way to buy a replacement, and no way of knowing whether the ticket would have paid out or not.

The expected value of the ticket is clearly 1e6/1e3 = one thousand dollars. My question is, would the court do that math and award me one thousand dollars? It's extremely unlikely that I've suffered any actual loss, so obviously I can't recover a million bucks in speculative damages from the guy; and yet $0 in damages hardly seems fair.

In other words: If the actual value of my loss cannot be determined with certainty, yet the statistically expected value of the loss can be, can I recover the expected damages?

Bonus question: Suppose instead of the ticket being a gift, I had paid $500 for it, or $2000. (Remember, I can't buy another one.) Would either situation change the result?


texts: Is it possible to request a copy of my client file from the public defender and district attorney office?

texts:
I have a disposition hearing for a new case and I would like to present evidence, particularly from conversations between my public defender and my doctor and the DA and my doctor, from an old case. Is it possible to request those documents from the court?

EDIT: The jurisdiction is California.


texts: What legislation in the UK or EU requires online services and software companies to care about security of their products?

texts:
... And to what extent? E.g. what is the minimum an online service or software vendor are required to do to protect personal data?
Let's not talk about PCI-DSS and payments here.


texts:
It is widely understood that New Zealand is in a "Level 4" lockdown due to the Coronavirus.  While this is sensible and logical - can someone point me to the obvious f I am missing - how have these restrictions been made legal and enforceable?   (Specifically how can I be stopped from opening my shop, or driving to the beach to walk, or meeting with my friends).

The only information I've been able to find refers to the Emergency Powers Act 2002 - but I struggle to believe it allows for the sweeping suspension of many fundamental rights particularly as except where the act provides otherwise  - according to section 6 - "
Act does not limit, is not in substitution for, and does not affect the functions, duties, or powers of any person under the provisions of any enactment or any rule of law."  - meanwhile the Bill of rights act 1990 specifically allows a raft of things not allowed under Level 4 - including peaceful assembly (section 14), freedom of association, freedom of movement, liberty of the person.


texts: Advocating for Russian presidential candidates

texts: Is it against the law to post a call to vote for a Russian presidential candidate in social networks?


texts: Congressional History and Legislative Intent of Statute 18 U.S.C.1832

texts:
To start off, I am only a high school student helping a friend of mine with a little predicament. She has asked me to research about the Congressional history and the legislative intent of a statute: 18 USC 1832.

From what she has mentioned, when Congress passes something and makes it a law, there's some "intent" at the time. This intent may change from time to time resulting the law getting modified. She wants to know how the law has evolved since 1996.

Specifically, she wants to know if an "extraterritorial jurisdiction" clause is present in the statute, and if so, when and how Congress passed it?

I have no clue what any of this means, can anybody help me? It would be great if you could give us some ideas or direct me to a good reference spot to find this answer.

This is rather urgent so if anybody could help me out here, it would be greatly appreciated.


texts: Does a subpoena's powers extend beyond the entity it is served to

texts: If a company is served with a subpoena, and it in turn emails all of its employees asking for any related documents, does the email carry the same powers as the original subpoena?  Jurisdiction: US federal law


texts: How does Qt accomplish both GPL and commercial licensing?

texts:
In Qt there are some modules which are licensed with GPL or commercial license: https://doc.qt.io/qt-5/qtmodules.html#gpl-licensed-addons
How I read this: I can use those modules in SW that I sell and I don't have to publish the source code, if I buy the commercial license (because there's the word "or" -> I can pick either GPL or commercial license).
If I'm right so far, my next question is: How do they accomplish this? In case they use the GPL licensed code in their libraries, GPL says that they should publish the source code and so should I, right? So I guess they must have coded their own versions of those libraries and sell those under commercial license?
Please explain this like to a 5-year old.


texts: Does an indemnification agreement saying it was not induced by improper conduct make sense?

texts:
I am a beneficiary of a family trust, being forced to sign an indemnification agreement, similar to the situation described in Why California codified "A trustee may not require a beneficiary to relieve the trustee of liability..."?

The trustee is Bank of America in Florida - unfortunately not in California.

The one-sided 'agreement' includes the statement that I was not induced to sign it by improper conduct of the Trustee. Does this statement have any legal value? What if I was forced by improper conduct to state that I was not forced by improper conduct?

We are 13 beneficiaries all living in Denmark. This makes the legal process quite troublesome. I guess our best remedy in case of excessive administration costs or other problems would be to publicize the case?


texts: "Contemporaneously" vs "concurrently" - difference in legal verbiage?

texts: What's the difference in meaning between "contemporaneously" and "concurrently" in contract verbiage in general?  An example could be "the following contracts are being executed contemporaneously" vs "the following contracts are being executed concurrently".


texts: In the software license BSD, what is " Redistribution in binary form must reproduce the above copyright notice..."

texts:
I'm trying to understand all the responsibilities of this license.
Does redistribution mean:

publicly placing a windows .exe using the BSD licensed library for users to download on a website(free and commercial)

sharing the exe with friends (free and commercial)

Can redistribution even mean just packaging your project into a exe because you are like rearranging the files into one executable??
Are we required to include the license in readable form in an exe in the project application itself or just in the project folder like a readme?
What if people forget to include the notices for some libraries? Do they have to pay fines or something?


texts: Why's it paradoxical that Wrotham Park damages protect the claimant’s performance interest by enforcing a sale of the claimant’s right?

texts:
I scanned both pages. Mindy Chen-Wishart. Contract Law (2018 6 edn). p 538.

  Paradoxically, Wrotham Park damages protect the claimant’s performance interest by
  enforcing a sale of the claimant’s right.

How do "Wrotham Park damages protect the claimant’s performance interest by
enforcing a sale of the claimant’s right"?
Why's this paradoxical?

Anson's Law of Contract (2016 30 ed).

        Having said that, one can perhaps defend the view that the damages in Wrotham
  Park were compensatory on the basis that it was the loss of the opportunity to sell
  the right in the future that was being compensated; or that the claimant was being
  compensated for a non- pecuniary loss (ie the claimant valued the right so much— to
  protect the views over that land— that it would not have been willing to sell it).78

  78See above pp 566– 8.


texts: Are unprotected-speech classifications questions of law or questions of fact?

texts:
Only a few categories of speech are unprotected by the First Amendment:

advocacy intended, and likely, to incite imminent lawless action, see Brandenburg v. Ohio, 395 U.S. 444 (1969);
obscenity, see, e.g., Miller v. California, 413 U.S. 15 (1973);
defamation, see, e.g., New York Times Co. v. Sullivan, 376 U.S. 254 (1964); Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974);
speech integral to criminal conduct, see, e.g., Giboney v. Empire Storage & Ice Co., 336 U.S. 490 (1949);
so-called “fighting words,” see Chaplinsky v. New Hampshire, 315 U.S. 568 (1942);
child pornography, see New York v. Ferber, 458 U.S. 747 (1982);
fraud, see Virginia Bd. of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U.S. 748 (1976);
true threats, see Watts v. United States, 394 U.S. 705 (1969); and
speech presenting some grave and imminent threat the government has the power to prevent, see Near v. Minnesota ex rel. Olson, 283 U.S. 697 (1931).

Is the classification of speech into one of these categories a question of law or question of fact? For example, if a defendant were charged with a crime based on his speech, could the judge bring the case to an early end by concluding that the speech in question was protected? Or must that determinations be left to a jury?
Does the answer change from category to category?
EDIT: I'm looking for answers with verifiable citations to the law.


texts: Is a notarized signature required on a title search?

texts: I've noticed that in preparation for closing on a house, a title search is done.  What is the name of the document that is produced when the title search is complete?  And does that document need to be signed by an attorney?  Is a notarized signature required?  Is it customary?


texts: Connecticut Distance Based Non-Compete Clause

texts:
In the state of Connecticut, what are reasonable conditions for the distance a worker must not compete within as per a contract put into place when employment begins.

Do things become different depending on the expertise required such as those requiring specialised schooling?


texts: Overly Broad Sports Facility Liability Waiver

texts:
The University of California, Berkeley introduced a new liability waiver this Fall Semester.  If students refuse to sign the waiver, they'll be barred from using the campus gym and other sports facilities starting this September.  Here's the waiver in question:

  In consideration of permission to use, today and on all future dates, the property, facilities, staff, equipment, services, and programs of the Recreational Sports Department, I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue The Regents of the University of California, its directors, officers, employees, and agents from liability from any and all claims including the negligence of the Recreational Sports Department Facilities and Programs resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, classes, observation, and use of facilities, premises, or equipment.

The part that concerns me is "I... do hereby release... The Regents of the University of California... from any and all claims including [claims related to use of the RSF]."

By my reading, this is very broad, releasing the University from all legal claims.

I have two questions:

Is my reading correct?  We've had a discussion on my department mailing list about whether "including" here acts as a qualifier that limits the scope of "all claims" to just those involving use of the RSF.  Or, does "including" only strengthen "all claims," such as to explicitly include those arising from negligence?
Is signing this waiver likely to impact students' legal claims against the university concerning matters unrelated to use of the RSF?  Do California or Federal Law, respectively, provide any protections that would make parts of this waiver unenforceable?  Suppose a graduate student has a spat with the university over intellectual property, or suppose a student is injured due to university negligence around a construction site.  Could this impact their right to sue, etc.?


texts: Private companies asking for Social Security Number?

texts:
I thought that the privacy act (HIPAA) forbade use of the Social Security Number, or even asking for it, except by banks and federal agencies.

Nevertheless, I frequently get asked for my Social Security Number by private companies. For example, I just asked a company to rent me a propane tank and they sent me a form asking for my Social Security Number. Is that a violation of Federal law?


texts: EU regulation for medical device communication encryption

texts:
In the US, HIPAA mandates that data communication with patient or healthcare data must be done according to FIPS 140-2 (pdf). E.g. use AES encryption with 128 bit keys or greater to encrypt.

Are there corresponding healthcare/encryption regulations in the EU? What are they?


texts: Who are the "inferior officers" of the federal government?

texts:
A part of Article II, Section 2, Clause 2 of the Constitution of the United States says this:

  He [the President] ... shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

News reports recently suggest that the director of the FBI, although "inferior" to the attorney general, is not one of those "inferior officers" who do not need to get confirmed by the Senate. I suspect maybe the head of the Federal Aviation Administration or the Postmaster General or the Director of the Census is one of those. (For some decades before the late '60s -- maybe the Nixon administration -- the Postmaster General was a member of the Cabinet.)

If I'm not mistaken, all members of the Cabinet and all ambassadors and all federal judges need to get confirmed by the Senate.

What is the current list of those officers who need to get confirmed by the Senate and those "inferior officers" who are appointed by the President without the need for confirmation, and those "inferior officers" who are appointed by department heads, and those "inferior officers" who are appointed by the judiciary? Would this list be on the web somewhere?


texts: I used to be a professional athlete.  Gettyimages has many photos of me but want $500 per photo for a digital download.  Do I have to pay for rights to the photos in which I am featured?


texts: I have recently encountered a website - offering free and commercial services - which belongs to a company located in Japan. Although the service is, what I believe, quite popular, the ToS are available in Japanese and English, whereas the English version is poorly translated and some of the points are rather ambiguous after translation, some even unreadable. Shouldn't the company be obliged to share properly prepared ToS? Moreover, if I accept the terms, am I obliged to comply with all of them, or rather only the understable points?


texts: Can the police seize your phone without a warrant UK?

texts:
This question relates to the seizure of a mobile phone (cell phone) in the United Kingdom, focusing on England and Wales which has a different system to Scotland.
If the police arrest someone over a rape allegation, I understand that the police take the suspect's phone as it might contain evidence. Would the police require a warrant to seize the phone, in particular if the phone is not on the suspect at the time of the arrest (say the police arrest the suspect in their home) but in another room on the shelf?
I would be curious to know if being outside at the time, or if the offence were something different, changed anything in regards to the police being able to make a seizure of a phone.


texts: Is income tax due when the work is done, or when it is paid?

texts:
For example, I do some work for my employer in the 2016-2017 tax year, but they take a while to pay me and I only actually get paid in the 2017-2018 tax year.

In which tax year should that income be included - the year when the work was done, or the year it was paid for?


texts: University diploma / various certificates under GDPR

texts:
Background: I'm considering building a web (focused to Europe) which, for one of it's part, would require users to upload their university diplomas and/or other similar certificates of achieved education. These would be visible only to other users of the said web.

My first question is: Are such documents considered sensitive under GDPR?

My second question: Usually, there are names and signatures of 3rd party on the certificates (e.g dean's name and signature on university diploma). Is user even legally allowed to scan such document and upload it on the web? Wouldn't that require to have consent of the said 3'rd party? Would these need to be redacted?

I've tried searching the GDPR guidelines, but I'm uncertain. I presume that I would need to ensure that I have consent from the users to store and show the documents on the web and ensure that these are deleted when user deletes the his/her profile.

From what I've read, it seems to me that, given the registration is completely voluntary, that it should be OK. But I feel that it might not be that simple.

Thank you


texts: Is using a person's face in satirical video without video legal?

texts: I Have Been Taking Photos Of People And Putting Them On Youtube Videos In Satirical Context Without Consent. In One Case, It Was Against Their Will. I Do Not Leak Any Information Or Send Hate Or Anything Towards Them. All I Do Is Post Pictures Calling Them Things. Is This Legal?


texts: Use of Uber app and car services and liability

texts:
I use Uber app as a passenger. I investigated Uber site.

It appears that passengers are covered up to $1mil regardless of what insurance driver maintains outside of Uber.

Is this correct?
Is this in all states?
Is this optional or mandatory for Uber drivers?


texts: Dispute began under previous contract, new contract signed, which applies?

texts:
Here is a simple scenario to explain my question:

A contract is signed in January, this contains non-competes and IP clauses.

A dispute begins around the non-compete and IP clauses in February. However, no legal action is taken and it is simple discussion via email and in person as to how to resolve the dispute.

A new contract is signed in March, mid-dispute. This new contract does not contain the non-competes and IP clauses, and also states:

  For the avoidance of doubt, it is hereby agreed and declared that all
  contracts dated before this contract are superseded in
  their entirety by this contract.

Does this then mean that, even though the dispute began on the previous contract, the dispute is no longer valid as the new contract has 'superseded' the old?


texts: Do I face liability for publishing a ranked list of companies?

texts:
I want to create a website in which I will list various of companies in a niche area. I will write pros/cons and publish a ranking list based on my opinion. So my questions are:

Can I create such a list by using company names?
Can a company sue me because I gave them a bad rank?


texts: Long haul truck driver was not paid for his job

texts:
A friend of mine had been working for transportation company (contingently company A) as a long haul truck driver in PA state before leaving it for another one (due to the poor working conditions in company A). He was employed at company A for only 1 month, which comes up to 4 weeks, meaning 4 pay cycles.

However, while employed at company A and after leaving, he never received a single pay check from the company. Trying to connect with the company's audit department led to nothing, no one answers phone calls, no one responds to emails. Going directly to the lawyers for some $6K-7K doesn't sound reasonable. Is there may be some Labor Unions where the company A behavior can be reported?

My question is: what are the legal rights my friend can apply to the company in order to get at least his salary back?


texts: Can you legally create a game which is inspired off an anime? If so, can you use concepts / ideas but labelled under something else without issue?


texts: Is it commonly legal to permit life-sentenced mass murderers to procreate?

texts:
Swedish news reports that a convicted mass-murderer who is serving a life sentence has during his time in prison become a father of 3 or 4 new children. Is that a common practice?

It surprises me that the legal system should accept that kind of relations for a murderer while there are other persons in confinement that may not have that kind of relations, for instance a person in involuntary medical care may not have that kind of relations.

And also a bit contradictory since the Swedish criminal system recently moved another convicted murderer to a new prison just because he had a romantic relation in his prison.

Would the criminal law in USA allow a convicted mass-murderer to have sexual relations or procreate?


texts: If a tenant is responsible for repairs, are they liable if they do not fix something?

texts:
Hypothetical: A single person rents a home, and it is specified in their lease that as the tenant, they are responsible for repairs and maintenance.

The dishwasher breaks down. Since this person usually washes their few dishes by hand and does not use the dishwasher much, they decide not to fix it.

Are they liable for repairs to the dishwasher when the lease is over?

[The question is not dishwasher-specific, it just used as an example. If it matters, the reason for not fixing something could be inability to find a contractor or lack of funds to do so.

Also for hypothetical's sake, let's assume there is no clause in the lease that defines any item's expected condition before or after the lease term.]


texts:
I am having an Android app which uses certain Analytics services such as Google Analytics, Firebase etc. These services collect certain information from the user.

For this reason I have drafted a Privacy Policy for my Android app. Now whenever the app starts I am asking the users consent(only once) using a tick box which IS NOT PRECHECKED.

Now I am having certain questions -

1) Can I use an pre checked tick box under GDPR?

2) Since GDPR also requires the data collector to ensure that the user is not under the age of 13 so I am planning to ask the users age only for that region i.e. EU Region. Now will simply mentioning that "By continuing you acknowledge that you are above 13 years" will work or will I have to ask the users age?

3) The GDPR requires the data collector to have a proof of the users consent. Now what kind of proof will be required for my App? I am ensuring that the user cannot move forward without providing the consent(only once) is that sufficient as a proof or is any other proof required?

Any answer would be really helpful.


texts: Is it legal to secretly record audio of a housemate in their shared home?

texts:
My housemate claims to have made a secret video and audio recording of me and shown it to someone else. I'm not really concerned about the contents of the supposed video going public, but this housemate is becoming problematic (obviously), and this might provide some leverage to have him evicted or get a restraining order or something.
I looked at the statute in Oregon and it says you require consent of all parties for an in-person interaction. However it lists some exemptions, and one of them is this:

The prohibitions in subsection (1)(a), (b) or (c) of this section do not apply to subscribers or members of their family who perform the acts prohibited in subsection (1) of this section in their homes.

I'm not sure if this means people can record their family members inside their home or if a person can record in their home and their family members' homes. My housemate and I are not family members. I'm not sure exactly where the videos were taken, could be a common area or something like a bedroom.
Here's a link to the relevant statute: chapter 165 section 540


texts: Can the GDPR be used to obtain US voting information

texts:
This grows out of a comment in the question Who Has the Right to Access State Voter Records and How May That Right be Expediently Exercised?
If a US citizen is currently resident in the EU, can that person use a GDPR request to the proper government agency (state board or elections or a similar agency)  to obtain that person's own voter record and whatever other information about that person the agency may have in its files?


texts:
I know that estate planning is typically for those that are planning for their future and distribution of assets in a will. However, I'm close to a situation that is after the fact, so to speak. Please bear with me for a minute and I'll explain, then ask my question.

My father-in-law passed away this past summer. He and his wife had several large properties, and most of the family (except my wife and I) live on one of those properties. My mother-in-law decided that the property is far too much for her to handle so she's signed over the trust deeds to three properties to her children, without specifying how the land is to be divided up.

There is a working ranch (I call it a hobby ranch because it's for their pleasure, not a real business) on the property where the family lives. The mother-in-law is leaving it up to the children to decided how the land will be divided up. She doesn't want to be the "bad guy".

My question is this. Given the circumstances described above, would the kind of thing fall under the category of "estate planning"? And if it does, will any attorney with estate planning experience be able to handle this kind of situation? Or do we need to look for specific expertise?


texts: Performing a song with changed lyrics — is it a cover or a remix?

texts:
I rewrote most of the lyrics of a song, keeping just a few key phrases from the chorus. Most of the background melodies (piano, guitar) are the same, although there are a few small changes. I plan to play this live with my own instruments and singing it with my voice. This was a pet project of mine, and I might upload it to YouTube in the future.

I doubt this is considered fair use, so I'm curious about the legal ramifications of this. Is there anything I should be wary of, legally? Is this considered a cover or a remix, and will I have to pay any licensing fees to share this on the internet?


texts: What are the types of authority required for the release of medical records?

texts:
I am filling out medical records release in the United States. I noticed that the signature requires the patient's signature or a person authorized to sign. It also states that if not the patient, include type of authority to sign.

I only know of Power of Attorney as well as specific authority when unable to make medical decisions. What types of authority exist for release of medical records?


texts:
The President nominates the Attorney General, and is responsible for seeing that the Attorney General faithfully upholds his duty to execute the laws of the land.  The Attorney General is subject to the policy direction of the President, and serves at the President's pleasure and discretion.

Why then, when the Attorney General is derelict in his duties, does it take the House to charge him and the Senate to try him, for him to be removed? Can't the President simply fire him?


texts: Can you be convicted for being a murderer twice?

texts:
Germany has this weird specialty¹ in its criminal law's murder paragraph. While most paragraphs say something like “The person who does A is punished with B”, the murder paragraph (“Strafgesetzbuch § 211”) reads²:

  The murderer is punished with lifelong imprisonment.
  A murderer is, who kills a person

  motivated by the lust to murder, to satisfy sexual desire, because of greed, or of other nether motives,
  in a perfidious or gruesome way or with means dangerous to the public safety or
  to facilitate or hide another crime.

Now, don't get held up by the conditions in Sentence 2. The important point here is that a person is being punished for being something (namely a murderer), not doing something.
It is worth noting that lifelong imprisonment in Germany usually means something like thirty years. So it's perfectly possible to murder somebody, go to prison, get out, murder somebody else.

However, at the point of the second murder you are already a murderer, for which you already have been punished. The paragraph says that you are being punished for being a murderer, not for murdering somebody.
Thus – do you walk free the second time? I imagine the answer being "obviously not", however how does that follow from the above paragraph?

¹ Which has been subject to a lot of discussion, especially since it stems from Germany's Nazi times…

² Translation is mine, and I'm not a law person, so take it with a grain of salt.


texts: When stolen property is illegally seized, must it be returned to the party which stole it?

texts:
Consider this recent ruling:
U.S. Supreme Court rules against police over motorcycle search

In it, the court ruled that the police unlawfully searched a stolen motorcycle parked on private property in Virginia because they did not have a court-approved warrant.

The case involved a stolen motorcycle that was covered by a tarp and was parked on private property next to a house in Charlottesville, Virginia.

The man who stole the motorcycle was convicted for receiving stolen property.

Now, in this case, SCOTUS returned the case to a lower court, which will allow the police to argue exigent circumstances, or maybe rule that there were alternative measures that the police could have done.

So, suppose the court rules completely against the police.  Barring no other evidence, the case is thrown out, the man's conviction is overturned, and he's free.

What happens to the bike?  Is it returned to the person who stole it, or is it returned to the original owner on its title?

In this question...

Evidence found during police search of incorrect address listed on search warrant

There is discussion that the police do not have to return "contraband".  So, maybe that answers my question - but I don't know the legal definition of contraband.  Stolen property may be contraband (having a motorcycle certainly isn't) but the police can't show that the motorcycle was stolen, because legally, they can't use any evidence they have of it (fruit of the poisoned tree).

I guess if the cops keep the motorcycle, and the man then tried to claim it, they could get him for receiving stolen property again (new case), but the man who owns it probably wants his bike back.  So that doesn't seem like a viable option.

How does this work?


texts: SIL OFL License v1.1 and Embedding Icon Fonts in Software Binaries

texts:
I am unclear on some of the nuances of the OFL when it comes to things like modifications and what that means in terms of permission to redistribute it.

My use-case is as follows:

I developed a plugin for an e-book type setting software which allows you to include vector images.  Essentially, you can hit a button and it positions the icon on the editor screen - ready for you to move/scale/rotate and apply a fill colour.

It is mostly designed for users to import their own vector libraries.

However, I am also playing with the thought of including some well-known OFL licensed icon sets - some 5,000 icons in total.

Here are the specs:

I am deleting a couple of icons from each icon set - in turn meaning that I modified that font
The fonts are not re-distributed by themselves, but included in a "larger work" (my app)
The icons are not embedded in source form, but their SVG sprites are combined into one large icon set (SVG inside XML) and then compiled into a DLL.
When icons are added to the document, their SVG markup is extracted from my DLL, sometimes slightly modified (viewBox attribute) and added to the document.

Now, my questions are:

I want to show the icon's source/author in a status bar when it is selected (before adding it to the e-book) to attribute the authors:

But is this in keeping with the requirement to have to rename the icon set? I mean, I can't say "(c) FontSoAndSo 2017 by XYZ licensed under SIL OFL" because the license says I must rename it and I must not use their trademark.
If I can't mention their names, then I would rather like to remove any sort of attribution whatsoever, although I find that unfair. Would that be an alternative?

The license also forbids sub-licensing - seeing as I am embedding the fonts in a wider piece of software, this point should be covered? The software has features besides inserting icons.
I must include the license:  does this only hold for actually distributing the font in a modified way and "as a font"? Does it also apply when embedding the font in a software application that is not a font, but facilitates the use of parts of that font?

If this does apply, I wonder if it would suffice to include a hyperlink to the SIL OFL.


texts: Can a religious baker refuse service to an underage couple-to-be, in accordance with his deeply-held religious beliefs?

texts:
As previously asked, bakers in certain US states can legally refuse service on the basis of sexual orientation. For the purposes of this question, assume that the state is Colorado.

Child marriage is legal in 48 states (all except New Jersey and Delaware) - in 48 states, minors under 18 can marry with parental consent, even in the absence of their own consent, and irrespective of the age of their spouse-to-be.

As an example, I am not a baker, but I personally belong to a religion in which you generally need to be 21 to marry, and our leadership won't even consider it unless both partners are at least 18. Marriage before 21, and definitely before 18, is fundamentally against my deeply-held religious beliefs.

Now let's suppose that I own a bakery. A couple comes in to my bakery to order a custom wedding cake, similar to the Masterpiece situation. One or both members of the couple are under the age of 18. Can I call on my religious freedom to refuse service to this couple?


texts: Do portfolio projects count as 'commercial use'

texts:
I may be overthinking this bit but... I want to use a certain audio file with creative commons license, which states that I may not use it for commercial purposes.

Hence the question: do portfolio projects (which may indirectly give me income if I get a project/job because of it) considered commercial use?


texts:
I am looking to licence my software under the GPL, but I want to add a clause that allows me to change the licence at any time.

How can I do this?


texts:
Unit Link is a combination of investment and insurance.

It's often scammy.

The reason it's scammy is because by combining it with insurance, the company can charge much more and the customer may not notice.

Imagine if expected coverage is $50 or if insurance with similar coverage is sold for $50. Imagine if I tried to sell that for $5k. Any customers will know it's heavily overpriced and don't buy. Because customers know that no money is invested, the customer knows that all $5k will be gone for something that's just worth $50 and won't buy.

However, if the premium is $10k, where $5k of the money goes to fees, customers may not know how much money of the $5k is truly invested. The company can simply obfuscate the fee, the agent can simply mislead customers that there is no fee.

This is one sample https://www.kaskus.co.id/post/5e807230af7e9310bd3f3123#post5e807230af7e9310bd3f3123

Another way the customer can know if they're being had is by analyzing the future value of the investments.

The insurance agents will tell customers that the stuff is profitable in long term but not in short term. Unless the customer uses excel and stuff they wouldn't easily know that their investments value is much lower whether it's in the long term or short term.

I've heard that due to this Unit Link is illegal in Australia. Is it true? Where is the law?


texts: In Ohio, If someone has a personal lock which needs to be opened for which they have lost the key, is it illegal to possess lock picking tools?

texts:
For easier reference, here is Ohio law on the subject:
https://law.justia.com/codes/ohio/2011/title29/chapter2923/section2923-24/
It would appear to violate B2, but I am curious how a locksmith would operate legally under the same conditions.


texts: Are hash checksums of licensed software copyrighted?

texts:
I want to distribute a list of MD5 file checksums of closed source software, in the form:

<checksum> <filename>

The purpose of this list is to help forensic researchers to identify whether installations have been tampered with.

Am I allowed to do distribute such a list? Or does it depend on the given license?

Generalized, this question is about whether metadata is copyrighted by the owner of the original IP. It was partially asked here but went unanswered.


texts: What are the consequenses of reporting criminal damage by my partner?

texts:
My domestic partner - we are unmarried - has maliciously destroyed a computer belonging to me (approx value £2000) following an argument. I don't want to respond in kind, but I want to send a signal that this is not acceptable behaviour.

If I report criminal damage to the local police, will this be taken seriously? And is a prosecution automatic or will I need to press charges? I don't actually want to end our relationship (we have young children) but I want this incident officially logged.


texts: What constitutes 'taking an oath...of allegiance to a foreign state or a political subdivision thereof'?

texts:
I am an Accidental American, which would be fine if not for their insistence on imposing arduous Eritrean tax requirements. If filing pointless tax returns and risking double taxation ever gets too irritating, I would like to know my options for citizenship loss.

8 U.S. Code § 1481 provides 7 ways of losing one's citizenship. (5), ‘taking a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State’, is the simplest but comes with the catch of getting one included in some FBI records and barred from purchasing firearms (which is pretty serious for America, so presumably there would be other negative consequences if I later chose to relocate to the US as a non-citizen).

As far as I can tell, (2)—‘taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof, after having attained the age of eighteen years’—counts as relinquishment due to an expatriating act and therefore avoids the punitive consequences of voluntary renouncement (although one's name is still published by the IRS). The other advantage seems to be the ability to backdate one's loss of citizenship, presumably with subsequent impact on any tax liabilities (particularly if the event was pre-2004).

That preamble out of the way, if I did decide to invoke (2), what would count and what would I have to provide as evidence?

General advice welcomed, but for me personally I can think of three potentially-qualifying acts:

would taking the oath of allegiance to join the University Officers' Training Corps (part of the British Army Reserve) count?
would any oath involving swearing allegiance to the Queen (e.g., a Scout Promise) count as declaring '...allegiance to a foreign state or a political subdivision thereof'?
would my having gained UK citizenship count if it happened at birth, or would I need to be able to prove that I did so with an intention to renounce my US citizenship (and I wasn't that advanced as a baby)?


texts: Jurisdiction of Texas Rangers in Louisiana?

texts: I understand that Texas Rangers are responsible for killing Bonnie& Clyde in North Louisiana.  Is it lawful for a Texas Police Agent to engage a citizen in New York City?


texts: Would killing a human by accident (without any premeditation or intent) be considered homicide or manslaughter?

texts: My question is a hypothetical one. I was conducting some research into the differences between murder, homicide and manslaughter and I didn't understand the difference between homicide and manslaughter. Let's say there are two friends walking down a busy street, teasing each other. One of them playfully pushes the other who falls into the oncoming traffic. That person doesn't make it. Will the friend who pushed be charged with manslaughter or homicide, if he were to be charged at all?


texts: How to verify validity of a notarized document or a document issued by means of Apostille

texts:
How do you make sure that document signed and verified by notary or by means of Apostille are not false, tampered with? Is there a central registry for authenticating notarized documents? I am dealing with documents verified all over the world, looking for an answer for English speaking countries.

For example I found Verify an Apostille government website for UK. What about documents notarized in UK? For Ireland, I found e-Register government website, but what about notarized documents?

For USA, I can not find online verification of Apostille and I did not find out if there is federal central registry or I will have to verify documents state by state.


texts: Modify firmware on purchased device to improve security

texts:
Scenario:
I purchase a device (Chinese IP camera) from an online retailer (Amazon) that has a number of security vulnerabilities.

The firmware file is publicly accessible from the OEM's website and is basically a file system image that can be extracted. The webpages could potentially be modified to fix the issue.

From a legal perspective:

Can I modify the webpage and upload it to my device?
What about if a free tool was created to perform this modification on the firmware file that the user must first download from the OEM's site (not distributing the firmware with the tool)?
What if that tool was monetised/commercialised in some way?

Physical example

I purchase a pen.
I modify the pen to better suit my needs.
I then give it away as a free sample.
I buy more pens, modify and then sell them.

The product was not copied at any point, just altered.

I realise that it is very difficult to never create a copy of the software as even loading it into memory creates a copy.

In this particular example no license was contained in the packaging, on the retailer's site (contract formed through purchase) and there was no license agreement displayed on the device when using the inbuilt website.

Country in question is England, but interested in any country.


texts: Is it illegal to say online that a particular individual should be assaulted?

texts:
I'm on an online chat system for a game and one player said "Mr X needs to be stabbed in the throat" (actual name changed). The statement was accompanied by an image designed to give maximum offense. It was clear they meant in real life, not in the game. The player who said this has a history of aggressive and violent online speech that goes beyond what happens in the game.

The player who said this, "Mr X", and I are all in Australia. Is this illegal in Australia?


texts: Impersonation/False portrayal of character - maximum punishment?

texts:
There are 2 individuals, Person A and Person B.

Let's say that A is hellbent on ruining B's life, but not in the way some/most people would think.

A has stolen pretty much all of B's personal information, (SS#, emails, texts, etc)

A also wants to make sure no one suspects him to be involved in the slightest.

How does he do this?

As a promoter/marketer, he knows that if he were to promote something in B's name, no one would ever think that someone else is doing it.

Instead, A fabricates content making it appear to come from B and purposefully spreads it around under the lie that B does not like to talk about his personal life and other lies to make it seem legitimate.

Basically, he is pretending to be B and is narrating his life and promoting things as if it were coming from him.

Let's say that he's created this whole false persona that he's gotten even B's family and friends to believe it.

An example would be spreading false content about B's friend and causing them to believe there are issues between them, when none existed in the first place.

QUESTION

Let's say all of this is true. B is living his life having knowing that he has never done anything to promote himself in any way, he has never written, spoken, etc about his life or his family/friends in any way.

But because of A, no one believes B and as a result, no one will help him because they think he is lying.

What kind of recourse or maximum punishment can be dealt to the perpetrator, if and when any/all evidence if found?

Let's say this is in the USA.


texts: I believe that police are regulated by the state, but could the national government pass a bill that penalized a police officer through suspension? (for committing whatever crime the bill outlaws)


texts: Revoking a durable medical power of attorney once principal recovers?

texts:
I know a person with end stage cancer in Washington state that went with her husband to Hawaii.

She collapsed in Hawaii, went into a coma, went to the ER, and got admitted to hospice. I'm assuming her husband now should automatically have medical power of attorney since she entered into a coma?

Since then, she has recovered greatly. She has woken up, is talking, is lucid, having normal conversation, a good amount of energy, etc. The doctors in Honolulu cleared her to fly back to Seattle on a private plane.

She really wants to go back to Seattle. Her husband forbids it, stating he has medical power of attorney and he gets to decide on everything.

How does a durable medical power of attorney for Washington residents get revoked in a different state once the principal gets better? I'm assuming, but can't confirm, that the hospice must have been given paperwork stating that the husband has the medical power of attorney? She is lucid now, but the husband still is making sure that everyone around knows that all decisions must go through him and him alone.


texts: If a police officer was in pursuit of someone else's car, with their lights and siren on and there was a second police car following the first police car, but they did not have his/her lights, or siren on, and the second police car hits your car (from behind). Are the police responsible for the damages?


texts:
Can I legally record a video when driving and talking to the camera?

E.g.:

Some clarifications following comments the question received:

It seems like this might run afoul of laws against distracted driving.

I'm unsure whether laws pertaining to hands-free phone use would also apply to the a driver talking to a hands-free video recorder. E.g. in Arkansas, all cell phone use, including hands-free, is illegal in school or highway work zones. (http://www.pcworld.com/article/246574/cell_phone_driving_bans_state_by_state_where_you_break_the_law.html ; http://handsfreeinfo.com/arkansas-cell-phone-laws-legislation/)

I am only interested in the case where the driver is talking "to" the camera, meaning that the first intent of the driver is that whatever they say is recorded by the camera.

  Are you only interested in the situation where the camera is in front of the driver? What about the situation where the camera is in the back seat, held by another person, but the driver still does intend that whatever they say is recorded by that camera. Is that situation within the scope of this question? –

Yes, I am also interested in that situation.

  You might want to add "over 18" and "fully licensed" to the conditions, because even hand-free cell usage by drivers under 18 is illegal is some states (Colorado), or with instructional permit (Washington). – user6726 1 min ago

Let's assume the driver is fully licensed and over 18.

I am mostly interested in the following locations:

California, United States
Illinois, United States
Massachusetts, United States
New York, United States
Paris, France
Seoul, South Korea


texts: Privacy Policy for my App - asked by Client's Legal Department

texts:
My company has a B2B mobile app on iOS/Google Play. Our app links to our privacy policy on our corporate website which is encouraged/required by iOS/Android these days.

My Client needs to make sure their Users have accepted a privacy policy that is acceptable to their legal department. Since my app is used by many clients I am unwilling to have their privacy policy be displayed directly.

Their question is, when is an app user specifically signing into my apps privacy policy as it currently is?

I cannot see at any time my apps privacy policy is displayed directly to the user. I think it's just a link hidden away within the AppStore listing. How does Apple/Google deal with this?


texts: Are the legal claims and observations made by the medical examiner in the Ronald Opus fictional story legally accurate?

texts:
In the story of Ronald Opus, a medical examiner makes a number of observations on an apparent suicide:

On March 23, 1994, a medical examiner viewed the body of Ronald Opus and concluded that he died from a gunshot wound of the head caused by a shotgun. Investigation to that point had revealed that the decedent had jumped from the top of a ten-story building with the intent to commit suicide. (He left a note indicating his despondency.) As he passed the 9th floor on the way down, his life was interrupted by a shotgun blast through a window, killing him instantly. Neither the shooter nor the decedent was aware that a safety net had been erected at the 8th floor level to protect some window washers, and that the decedent would most likely not have been able to complete his intent to commit suicide because of this.
Ordinarily, a person who sets out to commit suicide and ultimately succeeds, even if the mechanism might not be what they intended, is defined as having committed suicide. That he was shot on the way to certain death nine storeys below probably would not change his mode of death from suicide to homicide, but the fact that his suicide intent would not have been achieved under any circumstance caused the medical examiner to feel that he had homicide on his hands.
Further investigation led to the discovery that the room on the 9th floor whence the shotgun blast emanated was occupied by an elderly man and his wife. He was threatening her with the shotgun because of an interspousal spat and became so upset that he could not hold the shotgun straight. Therefore, when he pulled the trigger, he completely missed his wife, and the pellets went through the window, striking the decedent.
When one intends to kill subject A but kills subject B in the attempt, one is guilty of the murder of subject B. The old man was confronted with this conclusion, but both he and his wife were adamant in stating that neither knew that the shotgun was loaded. It was the longtime habit of the old man to threaten his wife with an unloaded shotgun. He had no intent to murder her; therefore, the killing of the decedent appeared then to be accident. That is, the gun had been accidentally loaded.
But further investigation turned up a witness that their son was seen loading the shotgun approximately six weeks prior to the fatal accident. That investigation showed that the mother (the old lady) had cut off her son's financial support, and her son, knowing the propensity of his father to use the shotgun threateningly, loaded the gun with the expectation that the father would shoot his mother. The case now becomes one of murder on the part of the son for the death of Ronald Opus.
Now comes the exquisite twist. Further investigation revealed that the son, Ronald Opus himself, had become increasingly despondent over the failure of his attempt to get his mother murdered. This led him to jump off the ten-story building on March 23, only to be killed by a shotgun blast through a 9th story window.
The medical examiner closed the case as a suicide.

I feel like this sequence of interpretations both makes sense and doesn't make sense. For example, I'm surprised that in the 4th paragraph, they're talking about murder instead of manslaughter, which seems more appropriate for an accidental killing.
Now, I know that law requires a jurisdiction. Since the original creator of the story worked at the universities of Cincinnati and Southern California, I'm wondering whether the above story, and especially the legal claims and observations the forensic examiner make, hold up under Ohio or California law.


texts: What should a contract contain if a person signing isn't person contract is between, but authorized by them?

texts:
I have agreed to make something for a client. We have just been communicating by email and are now ready to sign a contract. The client has informed me he will be sending someone (who is not himself) to sign the contract. What clause should I include in the contract to make it clear that the person signing may not nescecarily be the one who the contract is with but are authorized on their behalf? The client is an individual, not a business, and this is an independent contractor relationship.
I think what I’m looking for is Authority To Sign clause, but am not sure because they usually say that the person who is signing works for the client’s business. Since there’s no business involved I’m not sure if Authority To Sign is right. Could it say something like “those signing warrant they are authorized to sign by the those whose name appear in the contract”?

TL;DR example:
Fred agrees to build Bob a house. Fred wants Bob to sign a contract and Bob sends his trusted agent Bill to sign on his behalf, even though Bob’s name is on the contract. Is there anything special the contract should have to make it valid in such a situation?


texts: Can a Power of Attorney nominate a successor/backup?

texts:
I have my Dad's Power of Attorney, and he is in assisted living and hospice.  I was the backup for his wife who died.  Since I'm single, can I appoint someone else in case something happens to me?  Or if I create a Power of Attorney for myself, can that person step in the shoes of my Dad's Power of Attorney?
The concern is that if something happens to me, would the state come in to assign a ward/guardian for my Dad?
My Dad can still sign his name, but he wouldn't understand what he is signing.
Side note.  I'm also the trustee of his trust, and the backup for it is his wife's sister.  However, I'm not sure she would want the responsibility of his care.
(Located in Texas)


texts: Reasonable interpretation of the term "In connection with" with respect to intellectual property

texts:
In the phrase:

"You agree that any rights you may have in any intellectual property produced, invented or conceived by you in connection with any of our business whether before or after the date of this document automatically vests in us without any requirement to make payment to you"

What is a reasonable interpretation of in connection with?


texts: Can I have my soon to be born child's last name as something different than either parent?

texts:
My fiance is just starting the process to get his last name legally changed before our daughter is born. I will be getting mine done after we are married. She will be due very soon on September 15th, and im not sure that the process will be all completed before she arrives. She will be born in North Dakota if that helps.
Is it possible to put the new last name he wants on her birth certificate before the process for him is finished? Or would it be better to use his current last name for now and change the both of them later?


texts: Can I use novel as a basis for the plot of video game?

texts:
Let's say there's Hyperion Cantos, a novel by Dan Simmons. I'm planning to use that novel's plot as a basis for my video-game plot/script.

No character names or place names would be used (basically anything that could violate copyrights, etc).

Question is, how legal it is to re-use ideas from that novel in my video game?

(e.g. some fictional events/special abilities of a protagonist, basically everything that doesn't have name on it, but it has some properties/features that are related to original novel's fictional properties/features)