texts: Neighbor put up trampoline and planted fruit trees. HOA gave them violation notices as they are not allowed in our community. Neighbor put trampoline and trees (now in 5 gallon pots) onto their paved patio, which is covered but not screened in. HOA claims they cannot take any more action. Is this true or would the HOA attorney be able to intervene.


texts: Does a person have to be in the drivers seat while driving  in Virginia? You do not have to wear a seat belt if you get a doctors note or if your a taxi driver and there is no law about keeping hands on the wheel or sitting in the seat. So can you operate a car legally while not in the driver seat if you can maintain proper control?


texts: "Plain English" website Terms & Conditions

texts:
I'm attempting to launch a website - to be specific a job portal.

There will be two target users: 1 - Employees, 2 - Job Seekers

I wish to offer a plain English Terms of Service/Terms and Conditions/Whatever that:

Is written in as few words as possible (with each sentence written in
plain English making this alone a challenge)
Covers me with regard to the data protection act (The users agree to
the storage of their data for the stated purpose ( - to find
employees/to find work)
Makes it clear that explicit material, jobs, descriptions etc. are
not permitted and that they may be legally held accountable for
non-compliance with this point
Does not make me liable for the availability/unavailability/functions
offered or errors
Informs users that misuse/abuse of the portal may be legally
accountable
Includes something obvious that I've missed

Could anyone please point me to any resources or examples of such a 'Plain English Agreement/Disclaimer'?


texts: Some of my personal information was made public some time ago as a school project. Can I legally demand removal of said information?

texts:
Some years ago, as a group project in school, I and my group published on a certain page (REDACTED.wordpress.com) information including things like my name, email, phone number, pictures, etc. It was years ago and I don't remember exactly who hosted the website. Their (my group's) contact info is there as well, but I'd rather not have to contact them directly to try and have the page taken down, so that's like a last resort for now. I'd like to deal with this with the people running Wordpress. I've tried reaching out to them but got no real success so far. I have ways to prove my identity and the information.

Can I use international privacy laws to have the Wordpress staff take down the entire page, or at least parts that have my personal information?


texts: What happens if two people claim the same (personalized) pardon?

texts:
What would happen if the identity of an individual named in a presidential pardon could not be ascertained with certainty, but several people have a strong claim to being the named individual?
For example, two convicts who happen to share the same unusual name (say, "Ebenezer Q. McGillicuddy") independently petition the president for a pardon.  The president issues a blanket pardon for the past crimes of "Ebenezer Q. McGillicuddy" but does not include further details that would indicate to which petitioner he is referring (such as enumerating those past crimes).  He then dies before he has an opportunity to clear up the confusion.  Records indicate that the president had seen both petitions, but do not reveal further evidence to disambiguate the pardon.
How would this scenario play out in the legal system?  Presumably both convicts would proceed on the assumption that the pardon applied to them and try to invoke it to their benefit (e.g., demanding release from prison, if still incarcerated). The convicts' respective prosecutors may contest this, pointing to the ambiguity of the wording of the pardon. But then what?

If the matters went to court, would the cases possibly/necessarily be joined or would they be tried independently?
In such a court case, is it the convicts or the prosecutors who have the onus of proving that the pardon was (in)valid with respect to the given convict?
If the cases are tried independently and both judges side with the prosecutors, would this absurd result be grounds for further appeal (since the president obviously meant the pardon to apply to at least one of the petitioners)?

I can imagine that similar cases of uncertain identity of beneficiaries may come up from time to time in financial and estate law, but in those cases it's always a question of allocating or dividing some contested property among the claimants, and awarding both claimants sole ownership of the property is not an option.  But a pardon is not property; it can't be divided between the claimants, but there is also no reason (that I can see) why it would need to be awarded to only one or the other; pardoning one person doesn't exclude the possibility of also pardoning the other.  So perhaps different rules apply.


texts: If landlord doesn't return damage deposit, must you remind him before starting a case?

texts: Where I live if a landlord doesn't return a damage deposit, the tenant can go after him for double the value. From a pragmatic view, must/should the tenant warn the landlord before the 15 days are up? Or can they spring this on the landlord?


texts: What if you're purchasing a house and the previous owner wishes to reclaim some of the objects in your house? Wouldn't all the objects now be owned by the current owner, and if not, what kind of objects can be reclaimed?


texts: Using a similar concept and art style to cause confusion

texts:
Super Zoo Story is a game in development that is accused of ripping off Stardew Valley.
One of the issues is that the game uses a very similar pixel art style, similar themes, and above all gives they impression that it's a mod of Stardew Valley or is otherwise affiliated with them. The developers seem to be doing this on purpose- though they are an entirely different company with no permission to do this.
Assuming none of their assets are actually stolen, what laws (if any) could they be breaking by doing this?


texts: Why weren't these affidavits in Miller-Jenkins v Jenkins accepted?

texts:
The case involed two ex lovers (one supposedly ex-lesbin) arguing about who gets custody of their adopted daughter. The ex-lesbian had several affidavits written up from suppoters saying her ex abused their daughter, seen here: https://donotlink.it/rJQa

However according to the case files only one (Tammara Canfield) was seen in the hearings. (see here: https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.glad.org/wp-content/uploads/2010/10/03-26-10-mj-glad-response-brief.pdf&ved=2ahUKEwik6OjhtfXgAhXhYt8KHXvbACoQFjAAegQIBhAB&usg=AOvVaw3w8Od3hJhYHvIKuL39rbqz&cshid=1552146905450)

Why were the other affidavits not used?


texts: Is there any entity legally responsible for the Highway 1 collapse in California?

texts:
It is lucky that no one was hurt, but someone could easily die in such a collapse. Should that happen, is there anyone legally responsible?
The news coverage talks extensively about how “this should be patched up soon”, but somehow I don’t see allegations of who should be responsible — which is a little surprising.


texts: Germany: Does a github.io hosted site require imprint / data privacy statement according to the GDPR?

texts:
github offers free publicly accessible data storage. Many people use that to present their personal profile where they e.g. advertise for freelancing services. An example url could be http://username.github.io.

If I have such a personal page where I advertise services, do I need to make sure I have an Impressum and a data privacy statement to comply with the new General Data Protection Regulation DSGVO?

It would be hosted by github and linked to and accessible only via github, not e.g. a domain of mine. Though it would still be possible to e.g. include a contact form that sends visitor data to my email address.


texts: Is the stock ticker symbol protected from copying?

texts:
Can one create a personal email address containing the stock ticker symbol of a public company ? My understanding is that Stock ticker is not a trademark and only trademarks are protected.. Please take a look at the following scenarios where the email address may give the appearance of use of stock tickers where the creator/user may not have any intent of enriching from such use.

     Company name                    Ticker        Email address

     Agilent Technology               A             Ticker.A@xyz.com
     Americansource Bergen Corp       ABC           I.Love.ABC@xyz.com
     Apple                            AAPL          Why.AAPL@xyz.com
     Equifax                         **EFX**        whathappened.EFX@xyz.com

Question : Is the use of a stock ticker symbols in a personal email address legal in USA . Discuss using the examples above?


texts: How can the following conflict of interest situation be dealt with?

texts:
A, an individual, sues a large corporation, X. The action is acrimonious and goes on for several years.
A junior associate at A's law firm leaves the firm and goes to work for the law department of Company X, which starts a countersuit or takes other action, using the associate's knowledge both of the case, and personal details of the individual.
Does the above represent a conflict of interest for the associate and/or company X? If so, how might A deal with this? Through "estoppel" or other means?


texts: Should insurer ignore exclusions when extrinsic evidence contradicts allegations?

texts:
Commercial general liability insurance has exclusions that insurer doesn't have duty to defend or indemnify the insured in case claim arises of criminal activities, misappropriation of intellectual property or willful and malicious actions and so.

But, what if there is extrinsic evidence that contradicts claimant's allegations stated in complaint? Would insurer have to honor such extrinsic evidence if case otherwise would be eligible for cover?


texts: Why does a word like "homemade" not constitute false advertising?

texts:
I've been wondering why, when a restaurant says something is "homemade" but it's clearly not made in somebody's home, that's not considered false advertising. If homemade doesn't imply made at home then what's the difference between something that's homemade and something that isn't?

(As another example, I imagine the case I'd similar with things like "sun-dried tomatoes" although I can't really prove it one way or another.)


texts: Under English law, what limitations apply to arbitration of civil disputes?

texts:
Under U.S. law, almost all kinds of disputes between people who have contractual relationships with each other can be subject to binding arbitration with no appeal right or class action rights through a contractual term with only minimal regulation of the arbitration process.

In English law, are there significant classes of civil disputes that can not be subjected to arbitration?

For example, is binding pre-dispute arbitration prohibited (or required) for any significant subset of consumer disputes, landlord-tenant disputes, realtor disputes, employment disputes, banking disputes, or international disputes?

Or, for example, are there contexts in which the duty to arbitrate is subject to strict scrutiny, either based upon either the arbitration process or the nature of the subject matter subject to arbitration?

Also, in civil disputes, when they are subject to arbitration clauses, is the arbitration process subject to significant legal regulation in English law? For example, is the business/profession of arbitrating civil disputes one that requires licensing and is subject to government regulation that affects the arbitration process in any material respect?

To be clear, when I say "arbitration", I mean a pre-dispute agreement to have a non-governmental private individual or firm resolve a civil dispute between parties bound by a common agreement of some kind, in lieu of resort to civil courts, where the agreement is binding without further action of the parties (with or without a right to a trial de novo or appeal of the decision either within the arbitration context or to a civil court).

I do not mean mediation in which the parties are required to discuss settlement with the aid of a third party facilitator that only has any legal effect if both parties affirmative sign some sort of settlement agreement to particular terms after those terms are known.


texts:
In Canada, the tort of civil unlawful conspiracy is laid out as follows:

Two or more people acted in concert, by agreement, or with a common
design or intention;
The co-conspirators engaged in conduct that was unlawful, which can include the breach of a statute, the violation of a contract, or
the carrying out of an underlying tort, such as misrepresentation or
fraud;
The conduct was directed towards the plaintiff;
    Given the circumstances, the defendants should have known that injury was likely to result; and
Injury or harm did result.

In case of simple motive or unlawful conspiracy, does it matter if the named individuals represent one organization? That is to say, if two or more agents of the same organization acted in cooperation to fulfill the latter 3 points, would this fulfill the first requirement?

Also, in the event that the individuals named in the conspiracy all acted as agents for the organization they all represent and on its behalf, would the the organization be guilty (assuming these points are all proven) of unlawful conspiracy, or just the named individuals, or both? Let's assume that the list of individuals involved spans the entire hierarchy of the organization, except maybe the board itself.


texts: Why are legal journal articles so long-winded?

texts: Having read and skimmed several articles in legal journals, but not being a lawyer myself, my impression is that many law review articles are long-winded, using many words and sentences when fewer could convey the same information. Do lawyers and legal scholars feel this way as well? If so, what reasons do they give to explain this situation?


texts: Penalty for medical malpractice in Dubai

texts:
I’m pursuing a career in a specific medical career and I’d love to one day be able to move to Dubai, but I’m a bit discouraged by the fact that doctors can potentially end up in jail for medical malpractice or medical negligence.

If the worst happens, how many years would a doctor go to jail for a mistake he/she made or for negligence? Is there any way to check this online? Are there any official governmental websites that include laws regarding this matter?


texts: Is taking an injured person to a hospital without their consent kidnapping?

texts:
I found this definition of "kidnapping" on Google:

  kidnap, verb. Take (someone) away illegally by force, typically to obtain a ransom.

  Synonyms: abduct, carry off, capture, seize, snatch, take hostage.

  "they attempted to kidnap the president's child"

But if I am lying on ground bleeding and too weak to move much less fight, and a person I do not know/trust finds me and takes me when I don't want to go with them to his car and drives me off somewhere, even if it's to a hospital, then are they kidnapping me by law of the United States? Especially if they don't call my parents/husband?


texts: Difference between "hereby moves" and "following relief" for change of venue motion

texts:
My sister need to file a motion for a change in venue (in North Carolina) to move a court case from a county she previously resided in to the county where she currently resides.  But we're a bit confused by the questions, specifically the difference in what the first and third question are asking.

Here's the three questions...
1. The undersigned hereby moves this Court to:
2. The undersigned hereby states that the grounds for making this motion include:
3. The undersigned hereby requests the following relief:

It seems like question 1 and 3 are asking about the same thing.  Our goal is to have a judge transfer her case from one county to another.  Can anyone provide clarity as to the difference in what the questions are asking?

Any input is greatly appreciated!


texts: Regarding German Patent attorney candidates

texts:
I'm thinking about becoming a German and European patent attorney.
I'm fluent in German (my mother language), English and French, (and Romanian, my other mother language).
The issue is that I have a certification in English only - C2.
I'm right now studying electronics engineering in German (not necessarily Germany), in Romania at the faculty of engineering in foreign languages in Romania.
I'm wondering, can I be a German patent attorney without a German official certification?


texts: What is your liability if you hit a super expensive car?

texts: Assume you get in an accident that is your fault and cause $300,000 damage to a $1,000,000 Lamborghini. Your insurance pays up to $100,000 in property damage. Are you responsible for the remaining $200,000? What if it was a rare $10 million dollar car that was totaled (you just dented it, but the car is very fragile)?


texts: Do I need a disclaimer on a fake confidential document?

texts:
As part of a small project, I mocked up a "confidential" "NSA" document. While it isn't real, friends are saying that it's convincing enough that I should place some text at the bottom saying

  Please note that this is only a replica, and in no way intends to masquerade as a real NSA document.

Should I add anything else, i.e. also saying "We (the creators) do not have the authority to create real NSA documents."?


texts: Is there a legal definition of race in the US?

texts: As an example, let's say someone with 1/16 of African American heritage applies for a minority scholarship at a US university. Can the university then proceed to sue the scholarship recepient on the basis of deception? If so, is there a US law which defines what constitutes belonging to a certain race or ethnicity?


texts:
I am looking for the text to the Dignity for All Students Act (New York).  There have been a couple of amendments and if I can read those too, so much the better.

I have looked at half a dozen sites that have dead links to the law itself.  Frustrating!

Here's the closest I've gotten:

I found a site that seems to have the full text to the law, but it's not an official site.  Would prefer something connected with government.

I found a site that shows some of the highlights of the law.


texts: Previous law didnt have a contract length on it.  As of January 2019 there is a law that limits gym contracts to 1 year.  If I signed a contract before January 2019, does the new law apply to me, or do i have to wait until my current contract is up? Here is the link to the new law: (sec 8). I signed mine in January of 2018


texts: Do items that I purchase for a business and for myself count as business expenses?

texts:
I know that when creating a business (specifically an LLC), I need to keep track of business expenses.

But what exactly constitutes a business expense? If I buy a camera that I use for the business, but also for personal use, is that a business expense, or are business expenses things that I only use for the business?

Am I supposed to mix personal and business items like that?

I'm interested for bookkeeping purposes. Do I need to keep track of those expenses?


texts: Is using a bot to post data to a system that doesn't have an API (via a "Ghost Browser" such as Selenium) illegal?

texts:
I am looking at creating a consolidation like service that posts data of the same type* across a network of third-party websites, most of which do not have open, or free APIs.

If you used Selenium or something of the like to take the data from your own system and submit it as normal users would, for free, to a target site, is this illegal?

For none of these services would I be using my own "paid license" to post data on behalf of users who do not have a license.  All of these services are free, but I am not sure if you could get into trouble by posting data on behalf of a real user to a third party system.

Additionally, it's worth noting that these would NOT be 'spam' submissions.  The data is real, but the way it is posted would not be by the user directly, but instead via a "ghost browser" submission.  The data posted is verbatim to that of what a real user intended to post.

If you had the target site's terms for submission on your own site, should that suffice?


texts: Got into a car accident, do I need a police report?

texts: I got into a car accident today. There are no injuries involved. Do I need to file a police report? I live in California. One police station tells me that I don’t need to file a report, another tells me that I do. I’m confused.


texts: UK: What information are the police legally required to collect when going door-to-door, and why?

texts:
A few days ago, a police officer knocked on my door in the evening and asked whether I had noticed any disturbances in my street earlier in the day - he said it was in relation to reports that they'd had, and were investigating.
I informed him that I hadn't noticed anything, and he then asked whether I had been at home at the time of the disturbance, and what I was doing at that time, as well as taking my name and date of birth.
What are the reasons/ legal requirements that the police might need my personal information, given that I had not been able to provide any further information/ witness testimony to the incident that they were investigating?
I would understand the need to collect it had I been able to provide any further information regarding the incident, or been asked to provide a witness statement, but given I hadn't been able to, what would the legal reasons be for them to collect/ hold this information?


texts: What steps should be taken in order to legalise and sell medical software?

texts:
So I thought about an idea for a medical software and I made just for fun. It wasn't that good but it was much better than what I'd expected to get. Fast forward a couple months, I made the software a lot better, made sure the accuracy is good, and I thought maybe I could actually sell it to doctors (more specifically, GPs and family doctors).

The software is basically as follows: First, you take a picture of a skin lesion. Then, the app would say if the skin lesion is cancerous or not. At first, I thought the accuracy would be pretty bad but it's actually good(it's not 100% but it's pretty close and after talking to a dermatologist and a plastic surgeon and was told that it is good enough as long as it doesn't do some specific things, which my software doesn't. They said it's something they would definitely use).

So I was wondering, what steps am I required to take to be able to sell this software to doctors? Obviously, it has to undergo some tests to make sure the accuracy is good, but I don't know where to begin.

EDIT

I'm located in New Brunswick, Canada and this is where I'm planning to sell my software and not the rest of Canada.

P.S: I'm a minor, so please bear that in mind.

Thank you so much in advance!


texts:
Why is it that a company is presumed to be liable for the mesothelioma of one of it's previous employees if it can be shown that they were exposed to above background levels of asbestos? There are a number of other causes of mesothelioma (radiation, some paints, sv40 virus, family genetics, as well as the unknown causes which result in a 1:1,000,000 spontaneous rate). It seems on the surface to be an argument which merely begs the question. Low levels of asbestos exposure cause mesothelioma because we have seen mesothelioma cases with low levels of asbestos in their lungs (which of course is only relevant if you've already concluded that low levels of asbestos can cause mesothelioma).

I'm having trouble understanding how such a situation ever became so strong without anyone having mounted a successful defense - i.e. that the litigant's mesothelioma could have been caused by any number of agents and so the company could not be held responsible, simply because of the possibility that their negligence could have been the cause.

Basically, it is still being argued whether low levels of exposure to asbestos can even cause mesothelioma at all, and yet it seems a huge (and seemingly impenetrable) quantity of litigation is built on the premise that it definitely does. Have there been any successful defenses in litigation based on the fact that mesothelioma has a number of non-asbestos causes?


texts: How to do voir dire if you had taken a Driving Safety Course?

texts:
In Can you present a clear record if you do Driver Safety Course in Texas?, it was determined that after taking a Driving Safety Course, a record of such action is placed upon one's driving record.

Taking the course in Texas could be for either dismissing a ticket, or for obtaining an insurance discount.

If one has a jury trial for speeding, and intends to claim a spotless driving record (which happens to show the course), provided that the prosecutor would not be allowed to dispute such claim, what is to happen in regards to the jury selection?

Are people who have themselves been charged for speeding, excluded from the jury pool?  Or only those that have been convicted?  What about those whose cases have been dismissed, including through the Driving Safety Course option?

As per Are jurors allowed to teach law to one another?, is it fair to assume that reasons a Driving Safety Course is taken for is not common knowledge?  Does it follow that those prospective jurors that do know should be disqualified?  Would it be the responsibility/job of the defendant or the judge to disqualify such jurors, provided the defendant has informed the judge (and prosecutor) of the concern?  How would this be done in practice without revealing the concern to all the juries when trying to disqualify a single one at a time, because the whole selection process is generally performed in the open, and in the presence of all the prospective jurors at once, isn't it?

Or would it just be allowed to take the statement about a clean record at face value, e.g., with the confirmation of the prosecutor, without the jurors being capable of examining the driving record from the DMV?


texts: Is it legal to give away the Blu-Ray, DVD, or Digital Copy of a purchased combo pack?

texts:
If you purchase a movie bundle including multiple formats, is it legal to distribute one or more of those formats—at no cost—to varying family members and/or friends?  When I say "distribute" I mean to give away the original without making copies.

The verbiage from one Blu-Ray + DVD + Digital HD combo reads "Unless expressly authorized in writing by the copyright owner, any copying, exhibition, export, distribution or other use of this product or any part of it is strictly prohibited."

I realize the above's intent is to prevent piracy and resale, but the way it's worded suggests that it's even illegal to give away the entire set, perhaps as a gift.  That seems ridiculous and raises more questions than it addresses.  Spirit of the law aside, I'm trying to understand my rights with each original copy found in a bundle.


texts: (UK) What does "the landlord must carry out repairs within a reasonable amount of time" mean?

texts:
I’ve had a serious leak in the property I’m renting, and had to move out because the water was coming through the lights, so the water, and electricity had to be turned off.
The landlord has requested a plumber when the problem happened to come over, and investigate the problem. He left saying: “I have no idea what happened”. Next day, another guy - “someone” just to quote what the landlord said - came over, left with the same result. Nothing happened for 8 days, and then, at 3rd of September another investigator came, who also left with: “I don’t know”.
He's just asking for the property management company, and... they repaired the lift in 2 months, so not much hopes.
As I’ve read, in the UK law, the landlord must carry out repairs in a reasonable period of time. Not too sure if carry out means completing the works, or just starting the process, but if he chooses the cheapest slowest workers, it may end up even one year, and I’ll have to live in a hotel for that long just because the landlord says: “there wasn’t any delay on my side”.
So when can I sue the landlord for disrepair - not fixing the problems in time?


texts:
This question is a follow up and more precise version of Tax law and freelancing as a side-job in Germany.

As explained in the linked question, working as a freelancer in Germany could turn out to be quite complicated taxes-wise.

Here is a more precise scenario: suppose a PhD student/research assistant working at a German university (who gets paid according to 75% of the TV-L 13 wage) has a side gig on an online platform (like UpWork) as a proofreader. Suppose that this side gig ammounts to about 1000-2000 EUR per year (or less).

Would this be considered gewerblich or freiberuflich? What would the tax responsibilities be in this case?


texts: If a crime victim is a member of the US military, must local law enforcement defer jurisdiction to the military?

texts:
I was watching a cop show the other day, and city police were at the scene of a one-victim crime. It was determined that the victim was a service member. The lead detective then muttered, "which means it's a military crime"

Which makes me wonder - Suppose Serviceman Bob is the victim of a murder off base, Further suppose that this is one of those cases that the military can investigate. Question is, can the military seize control over the investigation, or are they required to allow the local police to deal with the case as the local PD sees fit?


texts: Does a cash-less place have to accept cash if other payment option failed?

texts:
I had it happen to me a few times that my credit card was blocked or deactivated by the bank without letting me know, and I only that found out while trying to pay. To counter that I always carry some cash. Now I've been hearing about some newfangled "cashless" restaurants. Thankfully, I'm not aware of any where I live, but what would happen if I went into one of those, ate, tried to pay with card, it failed, then I offered to pay with cash?
As I understand the legality would work something like this:

I accept the the contract where I agree to pay with card in exchange for food
I attempt to fulfill the contract to the best of my ability, but am prevented from doing so by circumstances beyond my control
At this point I owe the restaurant the money, but since the original transaction failed, this is a debt, which I offer to settle with legal tender

Is that how it would work? Or are there some additional issues? Or is it one of those gray areas that'll only become concrete once it happens and actually goes to court?


texts: Would you be convicted of assault, etc. for defending the passenger in the United incident?

texts:
I'm wondering what would have happened if one of the passengers who was witnessing the United incident unfold had stepped in and tried to defend the doctor, by force.

Note that I'm assuming the circumstances are exactly as they played out here; for example, the officer (if he was really a police officer) is not obviously dressed as one, so you'd have to make your own inference as to whether he was a police officer.

Specifically, I'm wondering what would happen if someone saw the doctor was being visibly injured and you punch/kick/etc. the officer to try to separate the two, in defense of the doctor. I imagine you'd be arrested and in jail until your trial, but I'm wondering what would happen afterward. Is this likely to be considered a defensive move and could you be found not guilty if you were taken to court? And if you're taken to court and found guilty, what would the consequences be like -- a few days behind bars maybe, or a years-long prison sentence?

Assume you're not trying to permanently injure the officer here, just some temporary/minor injuries so he gets the message. The goal is obviously to defend the other guy with a bit of force, not to attack the officer and make him fear for his life. So by the time the court date rolls around, he'll at most have a bruise, if anything.

(Editorial note: Yes, the better passenger-initiated solution would've  been for someone else to give up their seat, but if for whatever reason you didn't do that and this was the only option left...)


texts: Where one can notarize the copy of passport in India? Like mentioning A true copy and signed sealed verified by notary person.


texts: Is it legal to use a person's name for a commercial purpose if it is a household name?

texts:
As an example, could I make a company called "Einstein Electronics" or "Houdini Locks" (probably not a great name for a lock company) or something without getting permission from the named persons, since they're so well-known?

One real-world example I can think of is Tesla Motors. Did they have to get permission from the Tesla family or anything?


texts: false advertising on a 3rd party platform

texts:
On LendingTree.com I was searching for cars on sale in my area, and I saw a 2015 Avalon advertised for $8000. It said for more information call the dealership.  I called the dealership and they apologized and said it's a mistake and that same car is $26,000. They also said it's not the first time, and that car and wrong price must have slipped through the cracks.

I then called LendingTree.com and they said that the dealership directly provides all cars and their prices.

2 days later I went to the LendingTree.com and since my phone call to the dealership they (the dealership) have corrected their mistake and now the Avalon is listed properly as $26,000.

My question is can I hold the dealership or anybody liable for this mistake?  I mean it was nationally advertised for $8000!


texts: Does the EU GDPR apply to these types of natural persons?

texts:
Does the GDPR apply to a website operator who is a natural person (not a company or non-profit) and

uses the website directly for commercial activity
uses the website to advertise his/her other services or connect to potential clients
is not engaged in any economic activity


texts: Just the executor, or executor and witnesses to open a safe deposit box of the deceased?

texts:
The court assigns a family member or friend of the deceased to be executor  so that a safe deposit box can be accessed.

What are the laws and court considerations that govern when/whether another person or persons are to witness the executor opening the safe box and inventorying the contents?

Note: Assume that the court did not appoint a wholly independent party to be the executor.


texts: Can I legally "kick my kids out the door as soon as they are 18 years old"?

texts:
The threat my dad always used on me was, "get a job, or get out as soon as you're 18".  I'm a dad now.  I have one "child" who is 37 years old who doesn't work, and who I'd like to kick out, and another who's going to turn 18 in a few months.  I don't want to repeat the mistake of my first, on my second.

So, as the bill payer, the meal provider, the transportation, and so on, I appeal to you: is it as easy as "kicking them out the door" on the day they turn 18 years old?


texts:
Adam has a "philosophical belief" that the fairness of most forms of discrimination is debatable, as a special case of his belief that most anything should be debatable in a democratic society. He expresses this belief to Bob, who condemns the belief and cuts off communication. Did Bob discriminate against Adam?
In particular,

does the belief (assuming its sincerity) qualify as a protected "philosophical belief"?
would Bob's action be considered discriminatory if it were in response to some other protected characteristic such as race?

From the EHRC guide:


texts: The 4th Amendment and case law relevant to police power for arrests without a warrant

texts:
The 4th Amendment states that

  The right of the people to be secure in their persons, houses, papers,
  and effects, against unreasonable searches and seizures, shall not be
  violated, and no warrants shall issue, but upon probable cause,
  supported by oath or affirmation, and particularly describing the
  place to be searched, and the persons or things to be seized.

which, read literally, states conditions under which it is permitted to issue a warrant for arrest or search. It does not say that a person may not be seized or searched except if a warrant is issued, and I am not aware of any provision in the constitution that makes a warrant optional. Nevertheless, people are arrested by the police without them having first secured a warrant.

Is there some relevant case where it was decided that police have the power to seize people without a warrant?


texts:
In many cases rule books are copyrighted. For example, the standard set of rules to play chess in the United States is copyrighted. Also, the standard set of rules to play baseball is also copyrighted.

This creates a problem in that often these rule books are published in some inconvenient format or size for some uses. Also, players who need to summarize rules for various purposes have the problem of how to do so without getting sued. In many cases organizations would like to display the rules on a poster rather than have them in a book. Once again, there are copyright problems.

Rules could be construed as "information" or "data" rather than a form of expression, so at some level, to the extent that the rule is "data" it is not copyrightable. How can organizations that need to republish rules (for example to put them on a poster) be able to do so without violating copyrights?


texts: Under the 5th Amendment, how much compensation must a government agency pay after it seizes a piece of land?

texts: I have a friend whose property was seized by the city for public use. We think he was underpaid because it was worth more than the City paid. How could this disagreement be prosecuted?


texts: GDPR & Privacy Policy for a personal website where the only potential personal data is IP logs

texts:
I'm based in the UK, and I am building a personal website (basically an online resume/portfolio) which I have ensured does not collect any personal information (there are no forms, cookies etc.). I do not currently run a company/business.
The only form of potential data collection is that the web host I use has logging of IP addresses which logs when a webpage or file is requested. These logs are temporary (a max of ~2000 log entries are recorded at any given time, and automatically expire after a week).
The web host which manages the service for me hosting my website is owned by a US company, but when choosing to set up the web app, I have specifically chosen servers in Europe. The host has mentioned that the logs for the servers may route through US servers, but they are using the EU - US Privacy Shield framework set forth by the US Department of Commerce and the EU.
On my contact page, there is a button which allows visitors to contact me using email (a mailto:// link). Only if the user wants to contact me, do they have to click the button, which will open up their email application and they can then send me an email.
I'm somewhat confused by what needs to be included in a privacy policy/notice. Do I simply need to state that IP addresses are logged but are deleted after a week? Not sure if there is anything else that needs to be included, specifically for GDPR. As the user is choosing to send me an email, do I need to state anything about the email communication between us both)?


texts: Can someone who gave me a gift (pro camera) demand I give it back?

texts:
My ex bought me a pro camera a few years ago (when we were a couple). It cost around 1000 euros at that time. He said that for it I need to make 14 days of photoshooting for him. Since we spent a lot of time together, I made a lot of pictures for him and did not count the days. Now we are not together and he asks me to give the camera back.
Our agreement was not written, it was verbal. Can he sue me saying that I did not follow the agreement?


texts: Is viewing pornographic content with questionable consent of depicted person illegal?

texts:
Many pornographic sites have a community that is uploading videos to the site. Some of the most well-known sites like pornhub.com and xhamster.com are an example for such websites.

There are several types of pornographic content where the visitor of such sites does not know whether the persons shown in the video are consenting with the video being uploaded to the site (or depending on the kind of pornography, even consenting to take part).

Examples for such (possibly) problematic content are:

so called "amateur videos"
videos of sunbathing (nude) persons on public beaches
exhibitionist videos (public nudity, masturbation)

Does this pose a legal issue for visitors of such sites?
Is it illegal to even accidentally view such videos?
Am I obliged to take specific action when recognizing such content? Would ignoring be illegal?

I am specifically interested in U.S. and German jurisdictions.


texts: When I was 18 I broke the law, was convicted and had to pay restitution.  Recently I hired a lawyer to expunge my record.  I paid up front and then later was told that they could not find any flies on me.  I decided to search myself.  I just got a letter back from the city I was arrested in and they said that I had no files.  If I decide to register to vote and/or register a gun and there is still a record, what kind of punishment would happen?  I have kept the literature, where I was told that I have a clean record from the lawyer and the city I was charged in.  Is here any other way to see if I can find my records?  I am thinking that since it was from so long ago (32 years ago) that the records might have been deleted.  Probably a bad assumption.  I just don't know what else to do.


texts: Do judges get penalised when their decisions are quashed by a higher court?

texts:
In New Zealand, court decisions are fairly often taken to a higher court and got quashed / overturned. When this happens, the higher court judge would typically rule that the previous judge "erred" in this and that, and produce a significantly different result/ruling.

So, when a judge is found to have "erred" in their decision, does this somehow affect them? Do they get somehow penalised, fined, warned or otherwise receive something that would motivate them to not "err" again?

If they do not, (how) does the law protect people from biased/corrupt judges who would "err" intentionally — taking chances that their devious decisions will not be appealed against?


texts: Can you sue someone for online harassment if you agreed to it?

texts: Say that you're on a toxic online forum and you know that the community is anonymous and that everyone bashes everyone, and you've agreed to the terms of use which state that the owner of the forum is not responsible for any emotional distress/slander you acquired during the bashing. Could the site's owner or the anonymous members be subject of your (possible) lawsuit ?


texts: What if the US electoral winner drops out?

texts:
Someone posted elsewhere, "If I were Biden, I would say 'I know there was fraud' and concede."  That's not the same as no majority, so it seems to me it would not make the house decide.  But even if it did, the twelfth amendment limits the house to choosing from the top three.  As usual, there is no third place, so the house would be forced to either vote in the guy who conceded or vote in Trump.  I am not aware of anything in the constitution about a new election.
Is there any law that would cover this?  (Assuming Harris also concedes.)


texts: How long are schools allowed to confiscate items from students?

texts:
According to this question and the corresponding answer, schools are legally allowed to confiscate items from students. This is not considered theft, as the intent is not to permanently take the item away from the student.

My question now is, how long is a school allowed to confiscate items from a student? "Common Sense" would indicate something like until the end of the class, or the end of the school day - or more formally, until the student leaves the school building.

However, I recall teachers confiscating phones until the end of the week, and even refusing to hand them back upon the parent's request, citing that "the student would just play on their phone again anyways". I can't imagine that this is legal, or that a teacher has the authority to confiscate an item for longer than necessary.

I am mostly interested in answers regarding Austria, but answers regarding other jurisdictions are accepted as well. Furthermore, I am talking about "general" items in a student's rightful possession. This excludes things like cigarettes, alcohol, weapons, etc., which may by themselves warrant different procedures.


texts: Using Fitness Trackers In Kickstarter Campaign

texts:
I'm working on an app for iPhone that uses fitness tracker data. For my stretch goals I'm offering additional device support. Can I use a photo from the device company's news resource website?

News Resource Example

Example of my Stretch Goal


texts:
I hope that it is obvious from the questions my inquiry is NOT politically motivated, but seek to understand how citizens can avoid repeating a similar long-term detention.

A US citizen was detained for 23 days by CBP.  The CBS article indicates that the citizen was denied a phone call.  After one month, his case was expedited when an attorney brought the issue to the press.

Did the citizen have the right to make a phone call after being detained?
If not, what prevents the indefinite detention of the citizen?
Absent any indication of a crime or violation, does CBP have the authority to detain a US citizen if presented with proper identification documentation (passport card, passport)?
What obligation does CBP have to process a detained US citizen in a timely manner?
Does CBP \ ICE have juris diction or authority to demand ID from citizens in a non-border or non-airport context?

The above questions are posed because, I would like to understand:

Did the citizen do anything to warrant the detention?
Is there anything the citizen could have done at the checkpoint to avoid detention?
If the citizen refused to answer CBP questions, could this produce a better outcome?
Once, detained, what could the citizen do to reduce the detention duration?
What are the lessons-learned for other citizens?
Why is it that the CBP process did not resolve the matter in timely manner and was not resolved until media indicated attention forced the issue?  There is a claim that 2/3 Americans live in the CBP inspection zone:

I realized that the subject matter is politically charged, however, I would like to keep the politics out of the dialogue and focus on the legal questions of the case.  Obviously, I am not a lawyer and seek to understand the contours of law and its resulting process.

Update: CBS news indicates the detention of American Passport Holders in CBP detention of unknown duration:

  Last week, a California congresswoman visiting the Border Patrol's
  processing center in McAllen encountered a 13-year-old girl holding a
  U.S. passport. The girl was waiting with her mother, who had allegedly
  crossed the border illegally. After inquiries were made, the Border
  Patrol released both.

Reports of detained US 9 year-old at the boarder.


texts: When can a payment hearing be adjourned without a decision?

texts:
A person has a validated court order from the Civil Resolution Tribunal (CRT). The CRT does not have authority to enforce its orders but small claims court does. In the payment hearing the debtor told the judge that he had just filed to dispute the decision made by the CRT. The judge "believed" him and adjourned the hearing to a future date. To me this seems like abuse of of process, the CRT doesn't even issue a validated order until the deadline to dispute is passed. The judge did not seem too concerned about this point, though granted they were probably not familiar with the details of the CRT. Is this allowed to happen, and if not can anything be done?
From the CRT website

You need to give the BC Provincial Court a validated copy of your CRT
order. This will be sent to you after the time limit for making a
Notice of Objection has expired (approximately 29 days after the date
of the CRT decision). If you don’t receive a validated copy of your
order after 40 days, please contact us.

The judge ordered the debtor to supply the creditor with a copy of the dispute to the decision, and financial information. What if the debtor does not supply this information, can a debtor be found in contempt of court in small claims?


texts: Copyright question about selling photographs/postcards of owned antiques

texts:
Over the years I have collected many fine arts antiques and/or vintage collectibles. Most notably hand-painted porcelain plates, dinnerware, and figurines or art glass (stained glass windows, lamps, figurines, paperweights, fine crystal), and oil paintings.

I was interested in making photographs or postcards of some these objects to sell (on my own property), but wanted to know if I can copyright these or if I am infringing on other copyright laws?

Some of these pieces are signed by the artist and many of them were once commissioned by a factory/production company (ie: M.H. Fritz Porcelain figurine for Hutschenruether).


texts: Can I legally drive over speed limits in medical emergencies?

texts:
Say one had a pregnant wife that was going into labor: I've already called for an ambulance, However: They are far away from reaching me. So in order to reach them faster: We jump into a car and drive towards to meet them. Now here is the thing: If I consider it to be a safe move: Can I speed over the limits without getting a ticket, or perhaps get a reduced ticket?

And this could also be a scenario: If I approach a red light: Can I drive slowly into the crossing while honking and flashing the hazard lights?

I'd like to know how this works all around the world. So one answer for each continent would be perfect.


texts:
This following question concerns different copyright issues.

A friend of mine and myself are planning to develop an app to facilitate a role playing game. (Most of the time it is called "Werewolf", I believe that the game "Ultimate Werewolf" is at least one of the English versions of it. It has got the same principle as a game often referred to as "Mafia".) And as we are German, we would base our app especially on one of the german versions of the game, but there are at least two german ones (3), one french (4) and an English one that I know of.

The questions that came up was: How much can we use from one of the rulebooks? Can we use the texts? Are those protected? Could we maybe even use the pictures of the cards, …? What if we would produce pictures that are clearly inspired by the images from one of the editions? What kind of laws apply, as we are developing for the whole world when we are basing us on a german version (which is produced by a french company)?

The descriptions of the different roles and the functioning of the game are for example also found on the Wikipedia page of this game.

Thank you in advance for any insight!

(Sadly I am not allowed to post the other two links to the other german and french version, the other german version (3) is found by googling "werwölfe pegasus" and the french one (4) is called "Les Loups-garous de Thiercelieux".)


texts: what is "just compensation" during eminent domain?

texts:
The United States government uses eminent domain to seize private land for public use in exchange for "just compensation", but would the landowner be compensation for the structures on the land being seized? The United States government describes "just compensation" as:

  Just Compensation is the fair market value of a parcel of property that must be paid to a landowner who has had his or her property taken by the government.

The idea in many courts in relations to eminent domain that the landowner's lifestyle should not suffer injustice indirect results of eminent domain.

United States v. Commodities Trading Corp. Quote:

  "when market value has been too difficult to find, or when its application would result in manifest injustice to owner or public."

If a farmer had recently built a barn (within the past year) that cost 45,000 dollars (paid for from a loan), on a piece of property that was originally 10,000 dollars(not paid for from a loan), but the market only values the property with the barn at 35,000 dollars, is the government only responsible for paying the market value if they decide to seize this land through eminent domain?

Eminent domain:

  the right of a government or its agent to expropriate private property for public use, with payment of compensation.

The legal background of eminent domain


texts: Little misunderstanding in Creative Commons licence BY-NC-ND 4.0 (section 2b1, about moral rights)

texts:
I am reading the Creative Commons license BY-NC-ND 4.0 and I have to translate and modify it.

Unfortunately, I dont fully understand the 2b1 section:

  Moral rights, such as the right of integrity, are not licensed under
  this Public License, nor are publicity, privacy, and/or other similar
  personality rights; however, to the extent possible, the Licensor
  waives and/or agrees not to assert any such rights held by the
  Licensor to the limited extent necessary to allow You to exercise the
  Licensed Rights, but not otherwise.

The "not otherwise" part is misleading to me, what does it refer to?


texts: Exemplary (punitive) damages vs. recovery of attorney’s fees: Is one a subset of the other?

texts:
I’m a little unclear about exemplary damages vs. recovery of attorney’s fees.    Is one a subset of the other?

In other words, could exemplary damages due to actual malice be used to recover attorneys fees expended by a plaintiff due to tort?

Applicable law in Maryland if it matters.   I understand MD uses the term exemplary in place of punitive for damages.


texts:
I have encountered this term "If you are a publisher, you are prohibited from using the Services in an app that offers any real monetary value to the end users."

I don't really understand what that means. Does that mean that I cannot use any other services that have monetization for my app?

This statement is from https://www.appodeal.com/terms-of-service . It's for publishers. But if I publish my apps, does this mean I fall under this rule?

I was thinking of using their ad services but if later on, I cannot add in-app purchases than it's not what I want. Is that the case?


texts:
A friend of mine works at a skin care and retail store as an esthetician (dealing with skin care and other spa related treatments). Her boss has had her sign a non-compete agreement that would bar her from working as an esthetician in the local area if she were to leave. I would like to confirm if this is legally binding, and to what degree.

I am under the impression that non-competes are difficult to enforce if they prevent you from making a lively in your chosen field, particularly since there would no proprietary knowledge being taken to another organization. What vulnerability is she open to?

*This question pertains to New Hampshire, USA

**I will not use any guidance here as legal council. I am looking for some initial information.


texts: How can a US agency refuse to accept certain US banknotes?

texts:
It has just come to my attention that the US embassy in Bern, Switzerland, accepts US dollars for the payment of passport fees only if the notes were after 2006:

U.S. Embassy Bern
Payment Options:
...

Cash: U.S. Dollars ($)
In-person only (No Cash in the Mail)
U.S dollar bills issued after 2006 only

How is this not in violation of 31 USC 5103 (or is it)?  The full text of the statute is

United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal tender for debts.


texts: Is it illegal to carry an improvised pepper spray in the UK?

texts:
Civilian possession of pepper spray is banned in the UK, due to its use in self-defence.
There are, of course, many household items that can have a similar purpose. While not nearly as effective, no attacker wants a face full of deodorant or disinfectant spray.
Is there a law against carrying items with an intent to use them in such a way?


texts: Are there any US laws protecting journalistic sources?

texts:
I saw the President explicitly tell a newspaper that it should reveal its sources:

  But for the sake of our national security, the New York Times should publish his name at once. I think their reporters should go and investigate who it is. That would actually be a good scoop.

Is this not illegal in the U.S.?


texts: Do federal student loans come with IRS-like arbitrary levy power?

texts:
I have a nelnet loan for 10k. If it was tax debt I understand the irs could bypass the courts, give no service and seize my bank account. Does this apply to student loans as well? Or is it limited to wage garnishment and due process in court like a normal debt?

I.e., would the federal government bypass the courts and levy my account with no court judgement OR would they be required to sue me in court and serve a lawsuit like a normal debt?


texts: Is it illegal to throw away the previous tenant's standard mail?

texts:
Is it illegal to recycle standard mail addressed to, presumably, a previous tenant of an apartment?

Context: I have received the mail for someone who I assume is a previous tenant of the apartment I live in. I have tried writing Not at this address and Return to sender on them and the mail carrier continues re-delivering most of them to my mailbox. Most of the mail is AARP stuff, so I assume it's standard "junk" mail (though they are addressed specifically to the person and do not include "or current resident").

On this question there were two US-based answers:

It's a crime to throw away mail
It's only a crime if it's first-class mail. It's ok to recycle if it's standard (bulk/junk) mail.

A question on Quora similarly distinguishes between first-class and standard mail. The problem is, the person who answered that it's a crime to recycle a previous tenant's mail provided a source (Cornell) and that source starts with

  Whoever takes any letter

It does not distinguish between first-class and standard mail. Whereas the answers on Stack Exchange and Quora that say it's ok to recycle standard mail do not provide sources.

Am I safe to assume the mail carrier returning the mail to me is a sign that it's ok for me to recycle them or do I need to keep dropping the ever-increasing stack of mail back into the mail system?


texts: If someone has no hands or arms, how would they swear on a bible in court?

texts: For example, if someone had some form of birth defect causing them to be born without arms.


texts: If there was no written contract in the first place would a phone call be enough to terminate relationship with the other party?

texts:
My friend's small business engaged in a relationship with another company that provides credit card processing service. They did not ask my friend to sign a written contract at the time of signing up for the service (she signed just Application Form). Since the service did not live up to my friend's expectations, she decided to terminate it.

First, she called them and verbally over phone told that she is terminating service (I don't know what exactly she said over the phone, but she expressed intent to terminate the service as soon as possible).

However, the customer representative insisted that she signs their companies' written "Termination Notice". In this Termination Notice they sneaked in condition that my friend has to pay them $840 as Early Termination Fee that was not disclosed at the time she signed up for the service. Unfortunately, she did not read the "Termination Notice", signed it and sent it. Now this company has charged from her bank account $840.

Since, there was no written contract in the first place that would determine contract termination process, would a phone call have been enough to terminate relationship with this company?

If yes, then would the written "Termination Notice" that she was fooled to sign after the phone call would be considered valid? To me it seems no, because the relationship between both parties should have already been terminated via phone call, because she said that she is terminating service and there is no contract that determines Termination notice needs to be in written form; Hence this Termination Notice could be considered as void because it does not have anything to terminate after phone call.

In the answer to this question I expect to see how judge might evaluate the whole situation (especially the bold part where I asked questions)

Note that I am trying to find a hole that I could use in how this fraudulent company deals with their customers. Also, my friend and I both know that she was very irresponsible by signing whatever the other party sent her


texts: Expert trying to blame me for an accident

texts:
First off, this is happening in France (although any advice is welcome).

Last December, as I was driving home on my motorbike, a car suddenly changed lanes and cut me off. Despite trying my best to avoid the collision, the accident occurred leading to the bike being severely damaged and me having a few bruises.

Fast forward 2-3 weeks during the Christmas holiday, I get a call from the expert sent by the insurance company. This guy is supposed to determine whether the bike can be fixed or not. Long story short, he tells me the damage on the bike leads him to say I was performing a wheelie when the accident happened and that I am thus responsible for it.

At this point, it might be worth saying that the road the accident happened on is very crowded and that a wheelie is not even practicable (if we set aside the fact that I can't even perform one). Also, the expert was evidently not present during the accident and only speculates on the circumstances.

Of course, I explained that his expertise is erroneous but he kept saying that I am the one responsible for the accident. I have a couple witnesses in addition to the other driver saying orally she was at fault.

Now I have discussed a lot with fellow bikers and it is pretty obvious the expert either is incompetent or simply lies to put the blame on me.

My question is: can I actually sue the expert for his wrong (and very questionable) expertise?

Don't get me wrong. I'm not into legal proceedings but I gave the expert many opportunities to revisit his (obviously wrong) assessment. His statement to the insurance company has been directly damaging (I have expenses that won't be covered by the insurance because of his nonsense) and I don't want such an incompetent (dishonest?) person being allowed to harm others.

This is not a question to know if I am accountable for the accident.


texts: What is the point of website Terms and Conditions?

texts:
I was considering answering How prominent must terms of service be?; when I was struck by a thought: what is the point of website Terms and Conditions anyway?

Clearly, if they form a contract and they are properly brought to the attention of and agreed to by the user then they are binding (knowledge of and agreement by the provider could safely be assumed). However, one of the fundamental requirements of a contract is that both parties must provide valuable consideration. If the user is paying to access the service then this requirement is satisfied (e.g., a pay wall on a news site or a purchase agreement on an auction site). If they are not then they provide no consideration and there is therefore no contract.

For example, participation on this website is putatively subject to the agreement you can read by following the legal link below. How prominent must terms of service be? is the appropriate place to address whether the terms are prominent enough to constitute agreement (IMO it's arguable), so take it that they are. It is possible, that what we post is valuable consideration but I think that is worth a question on its own so I did Are the Q&A posted on Stack Exchange websites valuable consideration?, so take it that it isn't. In the absence of its users providing valuable consideration then there is no contract: What then is the point of the terms and conditions?

Clearly, such terms and conditions could be to draw the users' attention to legal obligations that exist as a matter or law without a contract (e.g., Copyright and other IP obligations). They could also be used to create rules that would allow users to be denied service, however, since anyone can be denied service for any reason so long as that reason is not unlawfully discriminatory, it seems pretty pointless.


texts: What is meant by Capacity to Perform Juristic Acts

texts: What is the difference between Capacity to Act and Legal Capacity?


texts: Is it legal for police to travel with a film crew and publicize arrest footage without consent?

texts:
Am I right to assume that police bodycam footage is only allowed to be released as part of a court order / as evidence?

If this were true, than wouldn't a news crew accompanying the police officer be illegal? I'll explain this further:

I recently saw a video on Youtube where a person is being arrested by a traffic officer for a minor violation. Accompanying the officer is a videographer who apparently works for a news network. The traffic stop is being filmed as part of a Cops-type series called Bad Drivers or something.

If the news crew were to have simply stumbled upon the arrest, I can understand their right to publicize. But this situation happened on the side of the freeway, and it's clear the news crew was either following or being transported by the police. Furthermore, as the stopped driver is basically under arrest, the cop is the only one in this situation who can command the filmers to stop.

Since the filming would not occur without the cop's support, it seems like the cop should be responsible for the filming (and the same laws as body cameras should apply).

I am in San Francisco, California, USA, but interested in other areas' laws as well.


texts: Defective motion on its face - does judge deny, dismiss, or strike it (without hearing the motion)?

texts:
I received a motion that fails to state facts or elements as required. I always thought that motions get denied, not dismissed. The motion fails raise all issues as required, e.g., in child custody cases, the primary consideration (by statute) is the best interest of the child. His motion is devoid of that issue. If the court would hear it, due process would require the judge to sustain my objection (evidence that is outside the issues raised in the motion) and the judge would find that the motion cannot be heard as written.

My client can't afford the fees and delay involved in having the motion heard; I'd like to set my response or motion to dismiss/deny heard on a motion calendar (a docket for non-evidentiary 5 minute hearings).

So, if the judge were not going to hear the motion for failing to "state a cause of action", does the motion get dismissed? I've seen cases where it says that a motion was dismissed, but I've always thought that wrong. Does the judge deny a motion for being defective, or dismiss. If it were a pleading, there is no question that it would be dismissed.


texts: If someone steals something of mine, is it legal to steal it back?

texts:
Let's say someone steals my phone. I use tracking tools to figure out where it is, then call it to make it ring (so I know it is my phone and not just someone else's with the same model).

If I take it back, is that theft too? Do I need a police officer present or a court order to take it back? What if I need to break another law to get it (while still staying nonviolent, such as trespassing)?


texts: GDPR in a scientific, transborder scenario

texts:
Let us assume that a dental clinic, in a country that is not part of EU, is making dental x-rays for its patients, which may or may not be EU citizens. By the law of this country, the clinic is sole owner of these x-ray images. These images would be stored in something called DICOM format that, besides the image itself, contains metadata that uniquely identifies the patient. Now, let say that a researcher employed in this clinic conducts a research within clinic, with permission of legal dept. and ethics board of the clinic, such that through automatic processing of these images, the researcher derives some data from these images. As an example, let say that the result of the processing is a radiation dose received by the patient undergoing the procedure. So, all that is left from processing is a single number which cannot by reversed to identify patient.

The question is, can a researcher use these numbers, with the permission of ones employer, use these numbers in a master thesis submitted on a university within a EU country? If so, what are the obligations of the researcher?


texts: How to remove an entry from Boston Herald database

texts: A Boston Herald database posted information about government employees' salaries here. Can a person named in the database remove their entry?


texts: What are some laws about limiting the number of foreigners in a country? Which country has the strictest such laws? For example, the number of foreigners shouldn't exceed 50,000 or 1% of the number of citizens.


texts: What is the legality behind landlords throwing away tenants belongings UK?

texts:
Me and my housemates have started having issues with our landlords, where they will dispose of any utensils left on the kitchen worktop or in cupboards without being cleaned. Before moving into the house we all signed an agreement to the house rules. Here is an excerpt from the agreement:

  "In the kitchen/lounge and all of the communal areas: there must be no dirty plates/cutlery/cooking utensils left lying around. Please ensure you do your washing up and put it away before cleaners visit. DO NOT put dirty plates in cupboard as they will be removed and disposed of. Please ensure you remove your personal belongings from the lounge and any washing drying on radiators or airers to allow the cleaner to clean and dust properly."

When signing this agreement I thought nothing of it, that they were merely covering their own backs. However, now they have enforced these rules I am curious as to the legality of it.

By signing an agreement does it make it legal for landlords to take our stuff? Is this covered under the "Torts (Interference with Goods) Act 1977"

Thanks


texts: Does a certified letter proof the content?

texts:
My previous company has recently updated their website, and included pictures of the employees as well as events and reviews to boost their image.
I don't know if they have asked permission to current employees to post pictures where they appear, but they have definetely not asked me (an ex-employee) if they could post a picture where I appear in their website.
I'm not comfortable appearing in their website and I wrote an email to the HR department asking them to remove the picture from their website.
HR has not replied to my email (which is not very surprising, since they usually reply very late or not at all).
My next steps will be to write again an email asking them to confirm that they have received my email and they are processing my petition, but I have little hope of receiving an answer.
So, what I was thinking to do is write a certified letter where I ask them to remove the picture from their website and I prohibit them to use my image or data for any promotional purposes of the company.
My question is: From a legal point of view, a certified letter proves that addressee has received the letter (since they have to sign the reception) but it doesn't really prove the content of the letter. So even if at a later stage I try to prove that I requested them to remove my picture with a certified letter, I cannot prove that the letter had this content.
How can I legally notify a company about something, so I have proof of reception and content?


texts: Can I use a corporation name that has been "Merged Out" as my new corporation name in California?

texts: I did the search on California Secretary of State - Business Name site, and it shows the status as "Merged Out" (more than 20 years ago). I also searched the US Official Trademark Db site for the company name keyword, and none was found. I wonder it is ok for me to register the name or it would be better to suffix it with general/industry word (such as "Group", "Enterprise", "Foods", "Tech" ...)?


texts: Can U.S. states form or join new unions?

texts:
The U.S. is presently a country with deep political divisions, which are distributed in part geographically.  One possible resolution is a split into multiple nations; this idea was firmly refuted by the Civil War.

However, another possible solution is to form additional new governments out of existing states.  This would be a governmental layer above the state layer but below the federal layer.  These super-states would represent multi-state regions of more closely aligned political views.

The constituent states would cede some of their authority to these super-state governments, which would then be empowered within their borders to collect taxes, write and enforce laws, etc.  However, neither the states nor the super-states would deny the authority of the Federal government.  The super-states would not be nations, would not form treaties with other nations, and would leave all international policy to the Federal level.  They would also defer to  Federal law when applicable, e.g. the commerce clause.

The benefits of super-states would be similar to the domestic benefits of the federal government, but at a smaller scale.  For example, rather than each state individually setting entitlement/ education/ health/ energy/ environment policy (which has high administrative costs due to duplication), or each state trusting the federal government to do so (which is likely to displease a lot of states due to political divisions), the super-states can set the policy for their constituent like-minded states.

My question is this.  Does the U.S. Constitution or existing legal precedent prevent the establishment of  such super-states?  That is, do states have the authority to transfer their own rights?


texts: Does an E2 visa allow someone to work in the US unrestricted

texts: I have an E2 Visa for the USA, this has a named company on it. What I’m unclear about is - does this allow me to work in the US for anyone? Or does it restrict me specifically to that company.


texts: The condition of leasehold improvements at the end of the lease

texts:
My understanding is that the default / customary approach to leasehold improvements is that they go to the lesser at the end of the lease. When that's the case, how is the condition of the improvement(s) evaluated when it comes to returning a security deposit?

For example, say I lease a space in which I put up a couple of partitions in the corner to create a room. The lesser agreed to and approved the improvements when they were completed. So there is no conflict as to the initial improvement itself. However, when the lease expires, the lesser attempts to hold back a portion of the deposit for repairs to the drywall on the partitions. The damages were minor from hanging equipment on them - they did not materially decrease the utility of the wall itself.


texts: Can one avoid paying US income tax by being paid in Bitcoin?

texts: Is it possible for a U.S. citizen to evade income tax by being paid in Bitcoin?


texts: The inner law "overrules" law of a country

texts:
I would like to know if there is a term for the following situation/fact:

For a certain situation, for a certain country there is a law, and because I live in this country I have to adhere to it.

But sometimes there is a higher law, the inner law in someones heart / understanding, to act according to this, which is opposite to the law of the country.

So there is some kind of "overruling" by the "inner" law.

For example: My country is in war with another one (only an example). I'm in the army. The military law says that I have to fight. But my inner law says "no" to it.

In jurisprudence there are lots of terms for such situations. Is there a term for this? Maybe something like "priority of conscience", maybe a latin expression?

Thanks a lot in advance


texts: UK Law Question (England): Can I Sue someone if they post a video of me on social media Without my Consent?

texts:
Scenario: Someone starts talking to you while they record you without you knowing it. You notice they're recording you and they tell you the video is going on Youtube. You tell them that this is only OK if they blur out your face. They agree to do so. Then they post the video without your face blurred. Q: Can I sue this person?
The video was taken as I was walking down a highstreet.


texts: Legality of importation of Insulin from Mexico

texts:
NBC Nightly News (1/22/19) carried a story about people purchasing insulin (which may or may not require a prescription) in Mexico because the same drug costs approximately 10% of the US price.

One person said they were purchasing a one-years supply for 104 USD versus 1400, had it been purchased in the US.

It would appear that this "might" be a federal crime FDA Basics, however the FDA link does not specify if this misdemeanor applies only for prescription drugs.

So, is insulin covered? Does it make a difference if it is obtained in Mexico without a prescription?

If it is not illegal, and a prescription is not required, is there anything to prevent a person from purchasing (in Mexico) say, five years worth and then "giving" the insulin to their US friends for a donation of 104$ to cover expenses.

Lastly, how would a person declare such purchases at the border?  (based on US market price or actual price paid)?


texts: Does data protection apply under a power of attorney relationship?

texts:
I have hired a relocation company to help me with dealing with the immigration office and I have signed a power of attorney so that they can visit the authorities and get feedback on my application on my behalf.

So far the relocation agency have been providing me with the names of the case workers and any relevant email exchanged with the immigration office but, recently, after the authority has illegally taken more time than they are allowed to so as to issue the residence permit (and I have mentioned to them that I am considering legal actions against the immigration office) the relocation agency refuse to provide me with any names or email communication due to data protection laws in Austria.

Does this make any sense? I mean, why am I paying them if they are allowed to hide information from me?


texts: What are the legal limitations of private security, regarding the use of physical force?

texts:
I am just wondering what are the legal limits to the extent to which private security can use physical force?

For example, if I am in a private establishment (let's say, a shopping mall); a security guard asks to me to leave and I refuse. Is he legally allowed to beat me up and break my arm?

Another example, if I am on a facility owned by a private company and a security guard asks me to hand over my cell phone and I refuse - can he beat me up and take it?

More extreme examples might be if I was damaging property or trying to harm someone on the private premises. I would assume private security would have some powers to use force to defend people/property from damage?

In terms of jurisdictions, it is US/UK I am primarily interested in.


texts: If I was granted citizenship but my wife was not, will my daughter also become a citizen?

texts: I was granted citizenship through the naturalization process. My wife is the mother of my daughter. My daughter was under 18 years of age at the time that I became a citizen.


texts: Is it legal to use counterfeit money as defense against burglars and robbers?

texts: I have produced small amounts of counterfeit money, I keep this in a few wallets in a few rooms in my house. When going outside I always have one such wallet with me in case I get robbed. Is using counterfeit money for this specific purpose legal?


texts: What constitutes a series of books for trademark purposes?

texts:
I'm working on a series of books that I plan on publishing only as epubs (e.g. Kindle). Just as books are marketed as "Penguin" or "Alfred Knopf," I'd like to get a trademark that I can list on my books.

I've learned that can't get a trademark for a single title. You have to have a series of titles to qualify.

However, it isn't clear to me what is meant by "series."  Do they mean well define series, like "My Horse Book," "My Horse Book II," etc.? Or does series in this case simply refer to multiple books?

I'm already working on half a dozen books focusing on a variety of topics, including state symbols, political science and philosophy.


texts: Consumer Rights 2015 (U.K.): Faulty vehicle & Trader avoids responsibility and cannot reach him

texts:
I have been sold a faulty vehicle by a second-hand car dealer. The place is in the United Kingdom. According to the Consumer Rights Act 2015 I can claim a full refund if I request it under 30 days. But then I didn't do that cause of my ignorance, I did though notify him about the issue in less than thirty days. Long story short, I am chasing him to fix the car now, but he is always difficult to catch, I have been chasing him for a couple of months now.
I once sent a letter with a deadline, then I reached to him online and he said that he did not receive it. I used the address on the gov.uk page where his business is registered. It was recorded and someone signed for him.
I have two questions.
Firstly, according to Consumer Rights 2015, is there a deadline from when the issue is raised to the trader to then taking action to fix it, or is it based on what deadline I set on my letter?
Secondly, if I do send a letter, for instance, notifies him for court, to which address should I send it to? His official one in gov.uk, where he claims he didn't notice or his yard? What is the legal sound thing to do, for then the judge to tell me that he wasn't notified (Is that a thing)?


texts: "Intent to avoid payment of lawful postage"

texts:
I just found (here and here) it very surprising that, apparently, in the US you cannot just write a letter and drop it in someone's mailbox: even if you deliver it yourself, you still have to pay postage:

18 U.S. Code § 1725 - Postage unpaid on deposited mail matter
Whoever knowingly and willfully deposits any mailable matter such as statements of accounts, circulars, sale bills, or other like matter, on which no postage has been paid, in any letter box established, approved, or accepted by the Postal Service for the receipt or delivery of mail matter on any mail route with intent to avoid payment of lawful postage thereon, shall for each such offense be fined under this title.

So, say I want to write a physical letter to my neighbor next door. I don't want to hand it in person or put it under their door. I just want to deliver it to their mailbox.
Does the above law require me to pay postage on it? Or, can it be argued that I have no "intent to avoid payment of lawful postage thereon" as there is no reasonable necessity to use postal service in the first place?
Then, as a marketing agency who finds it more economical to hire delivery persons rather than use postal service, would there be any "intent to avoid payment of lawful postage"? As with the neighbors example, it is simply neither reasonable nor necessary for the agency to use postal service in the first place, so what "intent to avoid" can even be talked about? Even if it was more economical to use postal service, is the agency not within its rights to not give a damn about even the existence of postal service and hire its own delivery personnel just because it fancies so?
How do private courier services operate in the US? Do they obtain permission from the Postal Service to use people's mailboxes? (assuming the parcels are small enough to fit in them)
Finally, as someone who wishes to receive letters like that, what can I do to allow the senders do it without breaking the law? Install a separate mailbox which is not "approved, or accepted by the Postal Service" and clearly marked like "non-postal delivery only"?


texts:
Based on US law, how can authorities (judges, police) deal differently with a male vs a female showing their nipples in public (or picture)?

Is there any explicit mention of a legal difference between both? Doesn't a distinct legal reaction to a topless male and a topless female imply discrimination?


texts: "Personal ideas" website: using contributions from readers freely

texts:
Let's say I'm thinking about an unsolved mathematical problem for a hobby and I draw some conclusions of my own. I'd like to make these ideas public, allow anyone to use them absolutely freely (even without mentioning me) and maintain these ideas on my blog/notes website.
Now let's say a reader leaves a comment and contributes with something extra, advancing the quest to solving the unsolved mathematical problem. Maybe he/she improved an idea I already posted. I want to then continue with my hobby free to use ideas that my readers are posting, meaning, make it clear that I don't owe them anything as I use their ideas, it is therefore their responsibility if they choose to post something under this condition. I don't want to get to be in a situation where someone demands something from me because 'they came up with it'. Once some mathematical result R is communicated from person A to person B, B cannot simply "undo" this exchange even if he wants to. He cannot simply pretend he "doesn't know" R.
How could I approach this? Is it enough to mention my conditions on my website? Would I be legally bound to anything in such a situation or is this actually a non-problem and I'm overthinking it?


texts: Have there ever been any cases where someone sued their government for not delivering their passport in a reasonable amount of time?

texts:
I am wondering if there have been any cases in Canada that were heard before a court or tribunal, or even if there was any informal dispute that was discussed in any media. Surely many people in the past have had to miss flights and perhaps a lot of money (by missing conferences, or business meetings) due only to the negligence of some civil servant in a passport office who lost the paper work or lacked diligence.

Please pardon me as this is my first question here on Law Stack Exchange! I would be very happy to modify or delete the question if it can be more appropriate!


texts: Is it legal to generate attention in an industry to increase stock value?

texts: Let's say I invest a large sum of money into stocks for the gun industry. Assuming I have no other affiliation with anyone in the gun industry, I do not work for a gun manufacturing company and I have no other interests outside of personal financial gain. Would I be allowed to go around and generate hype to encourage people to buy guns? An example might be going on local news and talking about new gun legislation in the works, or something to that effect.


texts: In the Hammond / Harney County land-use situation, what precedents does the BLM act on to restrict landowners?

texts:
I have read a number of accounts of the details involved, most of which resemble this one, and are biased against the BLM.  I have yet to find information on what position the BLM took in changing the land-use in that area.

The primary cause of arresting the landowners involves seems to be a claim of arson, but I am asking about the land-use dynamics that constructed the relationship between landowners and federal/state government parties.

Does anyone have a picture of the facets of this situation?

In a DOI / BLM land use situation, what precedents exist for similar regional initiatives?


texts: Can Warner/Chappell be sued to recover royalties paid to them for the 'Happy Birthday' song?

texts:
The District Court of California recently ruled that Warner/Chappell Music do not hold the rights to the 'Happy Birthday' song lyrics.

Assuming that this is not overturned, and given that Warner/Chappell have been pursuing and collecting royalties for the song for some time - a likely reason why, on television and movies, one doesn't hear it very often - are those who paid them entitled to recover the fees that they paid for its use?

And, I suppose it goes without saying, even if they can sue Warner Chappell, what are their prospects of success, based on legal principles, and maybe not so much based on their prospects of succeeding against such a large corporation?


texts: How do platform sites ensure their users do not abuse forwarded user data?

texts:
I am asking this question based upon the specific case of open source software sites, but the concept should probably apply equally to other websites that serve as a "platform" for their users to publish and collaborate.

I have a number of open source software projects that I develop during my spare time on various large open source software (OSS) websites (think Github, SourceForge, ...).1

I sent some GDPR-related inquiries to them to find out about how I can make my project sites GDPR-ready.
Something that appeared to be more or less a consensus was that for the representation of my projects that are displayed in the OSS websites' default layout, they are the "controller" and I am a "processor".

Now, if I am a processor, wouldn't those controllers have to make me sign a DPA? I am wondering especially for the case of forwarding notifications about activity related to my projects to my e-mail. Such notifications are likely to contain some kind of personal information (at least the name of a fellow user who did something related to my project).

Bonus question: Does that also mean I am not allowed to set up the e-mail forwarding to any of my existing (mostly Germany-based, if that makes any difference) e-mail accounts, but need to sign up a for a "business-level" (or whatever it's called) e-mail account somewhere so I can have a DPA with the e-mail provider?2

1: These websites are based in the U.S. This is not generally my preference, but there simply seems to be no comparable website for such services anywhere else.

2: It's indeed still unclear whether an e-mail provider counts as a processor for which a DPA is needed. If it turns out it does not, the second part of the question is a non-issue.


texts: Inheritance question: Is it worth it to talk to a lawyer?

texts:
My mother was an abusive person and seemed to be bipolar. One minute she loved me, the next she didn't. For the record, she died when she was 85, recently. My family lives in Texas. I moved to Canada around 25 years ago.

I was going to get half of her 1 million-ish inheritance and my adopted brother would get the other half. She got paranoid about me trying to talk to my estranged brother, thinking I was trying to plot with him how to defraud her of everything before she died, and she wrote me out of her will.

Something tells me my brother didn't fight too hard to stop her from leaving everything to him. True to her word, she left everything to him, the jewelry that was supposed to be mine, all her household goods, family heirlooms and memories. He threw away my mother's entire life because he hated her for how she raised us and how verbally abusive she got at him towards the end of her life.

I've got friends telling me I should try to contest her will. The thing is, she's always been this kind of woman so to suggest she did this due to dementia or declining mental state doesn't fit with how she simply was. As well, I'm an advocate for inheritance rights and if she honestly and legally wrote me out, well... she has the right to do that, no matter how ugly or unfair it seems for me.

I'm wondering that since my mother was in her right mind when she changed her will, and since I'm all the way up in Canada, is it even worth it to try to contest this? I'm also worried that doing so would eat up most of whatever settlement I could even be awarded, making it pointless.

Should I bother contacting a lawyer or is it likely a dead case in the water?


texts:
Lets assume there is a piece of software I would love to use while programming at work. My company will not buy it (or it will take months before it goes through bureaucratic wall).

Can I purchase it for myself, and then use at workplace, or would that violate law?

Edit:

I think in my case the best answer would be to make sure it is legal with both company policy and software EULA (in case of not clear - ask company directly).

In my case the software (which was a GIT client) ended up being perfectly fine to be used on company computers as long as it is me using it :)


texts: Company advertising something $100 cheaper than it is

texts:
A company is advertising a product on Google for $44. However, after going to their website, I found that the product is $130.

After contacting them, they said in the TOS they state this:

  Product Pricing: All prices are subject to change without notice, and may make changes to any products or services offered at the Store, or to the applicable prices for any such products or services, at any time, without notice.

Are they meant to change the advertisment to the real value after changing the price?


texts: Using copyrighted or trademarked names for different ideas in fiction

texts:
My question concerns using names in fiction that happen to be the same as copyrighted or trademarked names. I've developed a large fictional world for my writing, with hundreds of names of people, societies, countries, groups, religions, gods, etc.  How worried should I be that one of these names happens to be the same name used in another novel, game, or movie?  As one example: I call the people who do witchcraft in my world "witchers."  I have just learned that there is a book series and now a videogame called "The Witcher" (which is trademarked).  I can find many pages describing restrictions on using copyrighted or trademarked names and images when doing fan art or fan fiction, or on using names like Burger King and Reebok when your characters use those products.  But I can't tell how these laws apply to what I'm doing – using the same name, but a distinctly different idea.

I have no idea how many other names I use in my stories are also affected; if I do have to look up each one of them, what specifically should I be looking for?


texts: Can law enforcement use a GPS tracking device without a warrant?

texts:
In 2007, a man named Juan Pineda-Moreno was suspected of purchasing products to grow Cannabis. Rather than put a GPS tracking device on his car and leaving it, they put several GPS devices on his car throughout a four month investigation. Most of the time his vehicle was on public property, but twice the car was in his driveway, so they entered his property at 4 to 5 in the morning to place it.

I'm aware that in United States v. Jones the Supreme Court ruled that police must obtain a warrant to use GPS devices. However, their conclusion had to do with how long the GPS was attached to Jones' car. In Pineda-Moreno's case, the GPS was used to follow him for short distances.

I cannot find any new information on this case past 2010. Can officers still use a GPS tracking device without a warrent?


texts:
Few years ago there was an interesting affair. There was an IT guy whose laptop was stolen.
The owner used his IT skills to get pictures of the new owners of his laptop (not neccesarily thieves) remotely. The owner shared some of the pictures on his blog.
The new owners noticed it and sued him for invasion of privacy or something like that. They won and the original owner was forced to pay them for the damage done.
My question is, how could these ordinary people sue somebody for taking their pictures without permission, when there are tabloid journalists who do this every day to celebrities ? (And obviously they get away with it.)


texts: Can a landlord charge me for one day of unpaid utilities after my lease has expired?

texts:
My lease expired several months ago and I just received a bill via email from my old apartment complex for unpaid utility charges. Apparently my gas company started billing me for service the day after my move-in date, so there was one day of gas service that was billed to the property management company instead of me.

I lived in that apartment for over a year and never heard anything about this. The charge didn't show up on any of my monthly bills and I have a copy of my account statement on move-out showing all charges paid with zero balance remaining. The new bill has a due date set a year and a half ago.

The bill claims I owe approximately $2 for gas use and $50 for a "gas cost recovery fee" that isn't mentioned anywhere in the lease. I do feel morally obligated to pay something, but this charge is more than most of my monthly gas bills. Additionally, I'm worried that if I pay this bill it sets a precedent for the company to be able to go back and find other things to charge me for.

Is this charge legal in Georgia?


texts: What does the patent litigation piece of the Apache License mean?

texts:
I am looking at this from Wikipedia:

The Apache License 2.0 makes sure that the user does not have to worry about infringing any patents by using the software. The user is granted a license to any patent that covers the software. This license is terminated if the user sues anyone over patent infringement related to this software. This condition is added in order to prevent patent litigations.

I don't follow what this is saying, can one please explain in plain english? If I have a project and make it Apache License, what does this section mean for me? As a related question, why does OpenBSD think this section makes the Apache license "not free"?


texts: Can the phrase "who is on my wifi?" be protected from use by others?

texts:
I own a app called "who is on my wifi?" which offers a functionality you can guess, giving you list of devices connected to your wifi router.

There is one similar app which is older than mine and own a domain whoisonmywifi.com and claiming that it own a phrase and I can not use them in my app. I have following sub-questions.

Is "Who is on my wifi?" copyrighted?
I have gone through their site but there is no such copyright taken by them, so does just owning a .com domain mean have copyright?

Links:
My App: https://play.google.com/store/apps/details?id=net.speednethalvad.whoisinmywifi
Their App: https://play.google.com/store/apps/details?id=com.whoisonmywifi.agent