texts: When is a certain combination of software, a trade-secret?

texts:
Lets say, a contractor did some work for a client in a specific industry (lets say hospitality) using a stack of very common software development tools and technologies. For example SalesForce in the back-end, ReactJS in the front-end; PowerBI for Reporting and Python for bits in between.
The contractor has an agreement with the client not to expose or steal trade secrets. The client claims that this (thin) combination of software is now unique to their industry and product and therefore that combination is a now a industry/trade secret (although they have offered no proof).
The contractor has no proof that no one else in the same industry is using the same software stack already. On the other hand the contractor chose that combination of software originally for the project because: (a) contractor was already accustomed to using some of this tech .. and (b) contractor noted that key parts (though not all) of that combination were already established for use in the industry (which is the whole reason why it was determined that it should be suitable for the client's project also)
The contractor chose the software combination after all agreements were signed, therefore the client never began the project with any indication that was their choice or their secret.
Motives:
Former client :: The non-compete with the client expires soon and so the likely recourse for the former client to prevent competition, is to claim that the contractor cannot use the same solution combination for developing a competing product for the industry.
Contractor :: The contractor has noted that the core of these tools (SalesForce and ReactJS) are already used in the industry and that the remaining parts are commonly used with the core even though its not necessarily for that specific industry. The contractor wants to continue using technologies that are well established and that he/she has invested time to learn and wants to keep working in the same industry where they have now gathered all that experience.

Is there any case law or examples that give a sense of how much of the burden of proof is on the client or how much the contractor needs to change their software stack in case the former client is actually correct?
Just assume that the judge is in the same conservative click as the former client and that the contractor should not expect partiality, considering the state's questionable judges

Big Picture:
There are states that do not honor non-competes or do not allow them to be enforced on residents of their state for an out of state plaintiff. Now with the Pandemic there will be more remote software engineers learning software stacks then using them at other jobs, possibly in the same industry. I am finding that certain companies are trying the "trade secret" angle to make it more impossible for people to switch to a competing company when their non-compete cannot prevent it.


texts: Can I be sued for demanding a refund for a service that was not provided?

texts:
Over the past few months I paid for a 1 year subscription to an online tabletop roleplay gaming service. The seller had no ToS to be signed and recently after critique about the service began circulating, the seller made a ToS. The first condition was was that any complaints about the service was to be brought up only to staff(the seller) as well as making mention of punishment to violations to the terms. From what I knew of the seller with my personal interactions with him over these past few months he was basically telling me(and the other customers) to not speak poorly of his service in the public domain of his server.

When confronted with this ToS, I responded with how I did not agree to such restrictions and that I would be withdrawing from his service if this was the way he intended to go.

Not 7 hours later I receive an email stating that my subscription was being terminated. Before this I had intended to just walk away and leave it at that. But after seeing as how he was banning multiple people who spoke out about being dissatisfied, I decided I would be requesting a refund for the 9 months of service I will not be able to get now.

I went through paypal's refund claim process and was met with the seller stating that the services I paid for had already been delivered in full(his company has not even existed for a full year yet) and with his mention of resorting to a lawyer in his response, though not directly saying he would. I recalled him once bragging about how good his lawyer friend was and can not say I'd put it past him to try to sue me if he thought he could.


texts: Can a US court monetary order against a non-US citizen be pursued outside the US?

texts:
Say person A (a US citizen) makes a monetary demand on person B (a non-US citizen) over a dealing in the US whose juristiction is the US. Assume that B a citizen of, and resides in, a "1st world" country that is "friendly" with the US. Say A sues B in a US court and succeeds. Can A then take legal action in B's country to compel him to satify the order made by the US court?

Further, if the B suspects he might lose were the matter to go to court, could B preemptively organise that he have no US assets (by moving any money he does have there offshore) and volutarily declare himself bankrupt in the US (being now unable to pay his debts) to avoid have the law suit?


texts: I agreed on 1 year rent term while signing for 3 years and now landlord wants me to leave

texts:
A year ago I started a room renting contract, where landlord asked me to stay there for 1 year maximum and I agreed. This was only accepted by my words and in written email but not signed. The written contract itself states that it lasts for 3 years, so legally I can live there for 2 more years I think.

Now landlord is asking me to leave the room because we agreed on 1 year length (the reason being, every year he is legally allowed to increase a price by little bit). I actually kind of like the room and would love to stay for at least half more year, but I think it's unethical from my point of view, but again he gave me 3 year written contract, so that's what matters, or is it possible that my email confirmation on 1 year is more important? Would it be ethical/fine to keep living there?

I know this isn't really finance related question, but I think it's fits this board most.

It's in The Netherlands by the way.


texts: Does a rental car contract violation equate car theft?

texts:
In the USA, many rental car agencies have clauses prohibiting driving on unpaved roads: for example, see those questions on Travel.SE: (1), (2), (3).  From one example agreement including some causes many renters are likely to be in violation of:

  Prohibited vehicle uses and activities include:

  (...)

  Using a vehicle (...)

  other than on paved roads (whether "off-roading", driving on unimproved roads or parking areas, or otherwise)

  (...)

  to transport any flammable (...) substances

The first point implies that any car (even a jeep) cannot be taken onto unpaved driveway or parking lot.  The second point implies one can't have fuel in the fuel tank, and even if that's likely not what they mean, it means one can't bring a lighter or camping fuel.  Many are likely to violate both items (for example, many tourists in rental cars park at the gravel parking lot for the popular Antelope Canyon tourist attraction, knowingly or unknowingly breaching their rental contract).

A comment to a now-deleted post stated that If you use a rental car in an unauthorized manner, your right to use it terminates, and you are driving in a stolen vehicle.

Is that right?  If someone has signed a rental contract stating prohibiting the use of the vehicle other than on paved roads, and then violates this by driving the car onto a gravel driveway or parking area, does that mean the renter is guilty of car theft?

For the purposes of this question, you may assume California, USA, but other answers are also welcome.


texts: Can I add a project to portfolio without copyrights?

texts:
Being in high school I created my first 3D game. It was basketball game in which all the models where created by me and I put all the logos in them to be as real as possible. The ball has Spalding logo on it, the ads have NBA logo etc. and in the background there is Eminem's music.
Few years later I found an .exe file of the game and would like to add it to my portfolio before sending resume. I am quite happy with this game and it might boost my chances by a lot. But can I put it in my portfolio with all these logos and music?


texts: Does the FTC Act of 2006 require utility companies to verify an account holder's identity?

texts:
The gas company wanted me to give them my SSN to start service. Naturally, I refused. I was told that they were required by law to verify my identity, and offered me the alternative of submitting a notarized form.

I asked which law specifically mandated this identity verification, and I was told that it was the Federal Trade Commission Act of 2006. I have searched through the text of the act, and I can't find anything that references identity verification requirements, or utility companies.

Is this actually a legal requirement, as a consequence of the FTC Act or otherwise?


texts: Can an employer withhold pay for a fire drill?

texts:
Moved from WorkplaceSE.

Recently there was a routine fire drill in an office building. As with most fire drills, it took about half an hour for the fire drill to complete and for everyone to get back to work.

When the employees got back to their desks, they were told to charge 30 minutes of time to an overhead charge number, but then management sent out a correction saying that they were not allowed to charge the time lost during the fire drill. Instead, they had to "flex" their time (that is, make up the 30 minutes at some other time during the pay period, or else take vacation time).

Is this illegal, or just bad practice? Do these employees have any recourse? Any examples of similar times when an employer mandates a period of time that an employee NOT be allowed to work during normal working hours are welcome also.

Jurisdiction is in Virginia, USA, but input from other areas welcome for my curiosity.

This didn't affect me personally so I'm not searching for legal advice, but it happened to some close acquaintances of mine. For them, the cost of just working an extra 30 minutes is far less than getting lawyers involved, but it did pique my interest so I thought it was worth a question.


texts: Does showing the county council my customer records break the Data Protection Act?

texts:
I run a home boarding dog business. As part of their home check for licensing conditions the local council demanded to see my customer records. As these include names,addressees, telephone numbers and email details as well as details of their pet dog I refused saying this was against the Data Protection Act to do so without the customers' written permission. The council employee told me it was her right to see the records under the Animal Welfare Act.

Am I correct to refuse under the Data Protection Act?  I showed her the blank forms of the information the customer provides but not the actual completed forms, which she demanded to see.

Would someone be able to advise me of my and more importantly my customers' legal rights in this situation please?


texts: Copying documentation and images from apache2 license

texts:
I am software developer and I wrote framework that is based on the same concepts as framework that is available in different language.

This framework is under Apache2 License and I want to copy big part of documentation that describing the main concepts and also the images.

Is this legal? Will credits at the bottom of the documentation enough?


texts: What is the legal limit of alcohol concentration in a person's sweat?

texts: What is the legal limit of alcohol in the sweat of a person, so that it is deemed illegal for him to drive? Im more concerned about the legal limit in the UK, but any other country is also appreciated.


texts: How does Brazilian Law work in relation to a European/foreign father having to pay Child Support?

texts:
I am soon to be the alleged father to ex Brazilian girlfriends baby who has moved home to have the child. I will not go over there until I get DNA test, then I will consider signing Birth Certificate.

After the Birth Certificate is signed, when does Child Support decided and how? What percentage of income is taken, or is that decided between the 2 Governments in question?


texts: Is a barber liable for messing up a haircut?

texts: If a barber accidentally gives someone a bad haircut, causing them to miss a meeting and contract, can the person sue for damages?


texts: How can "intellectual property rights" prevent the publication of fire safety information?

texts:
This BBC article, Grenfell Tower: Sixty blocks 'fail new fire test', says,

Local Government Association chairman Lord Porter said housing associations and private sector landlords will be among those that own the 60 tower blocks which failed the new fire test.
He added that intellectual property rights on the installation of cladding systems means the identification of tower blocks affected by fire safety issues may not be made public.

That doesn't sound plausible to me -- I would have expected that information about fire safety (expecially about which buildings are unsafe) would in the public interest, and published.
Assuming it's true, how is it possible? Have those who own the "intellectual property rights on the installation of cladding systems" in question, obtained some court injunction against publication? Is it the building owners/operators, rather than the cladding manufacturer? Is it standard procedure to not publish such information, or is it the following some specific application to a court, to prevent publication?


texts: What is the 83b Election postmark filing deadline?

texts:
I am getting mixed opinion on how the 83b deadline is interpreted and need clarification, due to the potential financial implications.

Does the 83b election need to be filed 30 days beginning on the day stock was issued, or 30 days with the clock count starting the day after the issuance.

Which scenario is correct?

Scenario A

Date of issuance: January 1

Postmark Deadline: January 30

Scenario B

Date of issuance: January 1

Postmark Deadline: January 31


texts:
Suppose a person is a citizen of country A, and he/she traveled to the US for a business trip visiting say, a mining plant. That person, whether or not he/she was told it was forbidden or not, takes 5 or so photos of the plant interior. The plant does not allow such photos.

These photos should not be considered as trade secrets, more just confidential information, however either way it was not an appropriate act.

Would this conduct be able to be prosecuted under 18 USC 1832? Keep in mind that the person is a citizen of a different country, A, where trade secrets are not of a criminal offense.

The 1832 section states that in order to be prosecuted, you must have committed something in the US, but it was only a few photos of the interior that doesn't exactly constitute as trade secrets.

Second, let's say this person were to communicate with fellow colleagues while employed, who are based in the US, from Canada, asking for confidential/trade secret information, would this conduct be fair to prosecute under 1832? Bear in mind that the offender himself/herself is physically located in country A.

Thanks for your opinions,


texts: What are the keywords that give you a "green light" for punching?

texts:
I read here that the First Amendment allows you to say whatever you want to someone without the government interfering, so long as your words do not pose an imminent threat of harm to another (and a couple other exceptions).

So what are those keywords that give you a "green light" for punching ?

Can punching be justified ? Let's say somebody says horrible things about my wife, does that give me a "green light" to punch ? What is the "punching power" limit ?  Is "slap in the face" okay ? LOL


texts: Before his arrival at St Helena, was Napoleon legally a prisoner of war?

texts:
I would like to know whether in law Napoleon was a prisoner of war when he surrendered himself to the British after the Battle of Waterloo, did he retain that status up to the point when he was landed at St Helena and did his legal status change at St Helena because it belonged to the East India Company rather than the British government?

Napoleon surrendered himself to the HMS Bellerophon on 15 July 1815. He was transported to the southern coast of England and eventually set sail for his imprisonment at St Helena on HMS Northumberland on 7 August. He reached St Helena on 1 October.

I think two treaties are relevant. First, the Convention of St Cloud was signed on 7 July 1815. This signified the end of hostilities and allowed the British and Prussian troops to freely enter Paris. Napoleon surrendered himself after this date.

More importantly (I think), the Treaty of Paris was signed by Britain and France on 20 November 1815. Article 10 of this stated: “All Prisoners taken during the hostilities, as well as all hostages which may have been carried off or given, shall be restored in the shortest time possible.”

A search of news stories in the London Times suggests in practice the British government did not start releasing French prisoners until late December 1815: “Government gave directions in the course of last week, of the agents of the prison depots at Forton and Dartmoor (Captains MOTTLEY anti SHORTLAND) to provide vessels and send home all the French prisoners that are under their charge. Yesterday those in confinement at Forton commenced being shipped, either for Havre or Cherburgh. (The Times, 26 December 1815, p 3).

The relevance of all this is that Napoleon arrived at St Helena on 1 October, BEFORE the Treaty of Paris was signed. Since St Helena belonged to the East India Company, I suspect the island lay outside the jurisdiction of British courts AFTER the Treaty was signed. In other words, once he had been taken there, the British authorities were no longer obliged to release him according to the terms of the Treaty of Paris. It may be that that this was an important motive for sending Napoleon to St Helena,  not just because it was very isolated.


texts: Is lying to your customers prosecutable?

texts: Topical example (concerning the Facebook bias controversy of May 2016): if Facebook knowingly discriminated against conservative stories in its Trending feature, but told users and the press that there was no bias, could Facebook be prosecuted under U.S. law?


texts: Do unofficial testimonies and civil recordings hold value in the US courtroom?

texts:
As far as I know admitting to something while not under oath has no value, as it should. But if there is a case against you with some other solid evidence can an unofficial/not under oath confession be used against you in the US courtroom? And for that matter is confessing to a police officer while not under the oath of the courtroom considered a valid confession?

Also, does recorded audio or video by a civilian, for example, hold value in the US courtroom?

The reason I am asking is because in my country:
1. Any confession or testimony NOT made to a police officer or other similar legal party (we don't have oaths) is completely meaningless. This is because when speaking to a police officer, as he is considered an official representation of the law, etc. you are required to recognise the gravity of the situation and speak only truthfully, therefore anything you say is taken to be truth and can be used as valid testimony.
Similarly if you just randomly tell someone you killed someone you could be joking, not of sound mind, etc. and that is why such a confession is worthless.

.2. Audio or video footage not recorded by a police device or other officially recognised device, such as a security or traffic camera, is also worthless as you can never say for certain said footage is unedited or not inscenuated, i.e. that someone did not hire actors to look like you and perform a crime.

EDIT:
After some more researching it turns out I was wrong. Confessions to a police officer hold a lot more value than ones, say, made on the internet, but the ones on the internet could still be used in court, albeit almost noone would take them seriously for the aforementioned reasons.

Confessions to civilians, however, are different because in that manner the civilian appears in the form of a witness, which has value.

As for audio and video recordings it turns out it doesn't matter if they are made by a civilian or a security camera, both can be used in court but rarely have too much value for the aforementioned reasons.

In the end here, and as I believe elsewhere, you need more than circumstantial evidence to successfully convict a person (you need witnesses, direct evidence, etc.).


texts: Can you text a business/sole trader promotional material if they put their number online?

texts: eg. An electrician has put their mobile number on a website to attract business. Can I legally contact that electrician to tell them about a product that he/she may be interested in? .. Everything is based in the united kingdom.


texts:
I am naturally biased in the sense that when I believe a family member has been cheated in a contract, I need to 'check' myself to ensure that I have not overlooked anything: especially if I am to send a demand letter and bring the matter to small claims court.

That being said, is there a forum (unclear if this is acceptable here) to put forth the facts and have a community 'pick it apart' so as to overcome my bias?

Questions

Is this the right forum to check my bias?  If not, I will edit my question to remove the details.

If an example is OK with the community, the issue is the incorrect share is distributed (issue in the numerator):

share = (Disaster Insurance Check / #unit-owners) - Uncle's damages

The HOA bylaws state:

I believes the shares should be:

share = [Disaster Insurance Check - sum(AllDamages)] / #unit-owners

Naturally, I understand that there is always the possibility there is more in the governing bylaws that could be relevant and flip the outcome, but I think I can say with confidence nobody here has the time, energy or inclination to read them if I posted it (I will email it to you if you ask).

What is strongest argument the defendant would make to justify the first formula over the latter?

I am looking forward to clever counter-arguments.  Thank you!


texts:
In February, I paid for a Lavabit account. I "bought" an email account that cost $15, I can see these $15 on my account but I never got my email account.
Lavabit is an honest company so it's probably not a swindle. I sent four mails to their support address but I haven't any answer.

Is there any way to be either reimbursed or to have what I paid for?
I don't know if they have to reimburse me according to the Law.


texts: Is it legal to eat or drink on the bus (Singapore)?

texts:
In Singapore, is it legal to

Bring food or drink onto the bus?
Eat or drink on the bus?

(I am referring to the public buses, so SBS, SMRT, Tower Transit, etc.)

There is a law prohibiting eating or drinking on the train (Rapid Transit Systems Act) with a maximum penalty of $500. And most people assume this law applies to buses as well.

However, I am unable to find any such law for buses. Googling, all I find are these:

One website calls it a myth and claims to have called SBS verifying that there is indeed no such law.
SBS "Tips for Riding" states "4.10  Do not smoke, eat, drink or litter in the bus." But this isn't necessarily a law since those same "Tips" also state things like "3.2 Queue up and board in an orderly manner."


texts: MIT License Creating a script that is illegal to use

texts:
Let me be clear on this. We are creating some Open Source scripts to gain more attention on our social media networks. These scripts are not legal to use because they break the Terms of Service of the target websites.

My question is, while it is illegal to use them, is it legal to create them? I wrote a disclaimer in the Github page that states:

This script should be used for learning purposes only. By downloading and running this script you take every responsibility for wrong or illegal uses of it. Please read Facebook Terms of Service and the MIT License for more information: https://www.facebook.com/terms

Is it ok or are we breaking any law?

This is an example repo: https://github.com/nerdsunity/nodejs-facebook-add-friends


texts: Can I rent a unit out that has already been paid for by a past tenant?

texts:
This situation is occurring in Utah, USA.

I rented a unit to a young couple in the middle of January this year on a month-to-month contract. They paid a full month rent and the prorating was going to come in February. They lived there for only a few days, then gave a thirty day notice. They paid the prorated rent for February since they gave their thirty day notice at the end of January, but apparently a manager told them that we'd refund their prorating if we could rent their unit for the month of February.

They contacted me today saying that their deposit check was late (an internal issue; their thirty day notice wasn't filed), so I'm getting it sent soon. They also said we owed them their prorating back if we were able to rent their unit to another tenant. We did get another tenant into their unit at the beginning of February, but do we legally owe them their rent back? Can they prosecute for us renting a unit that belonged to them?


texts: Why don't prisoners go through rigorous life transforming training in prisons?

texts:
A prisoner can be forced to learn and train on what they are naturally/ philosophically opposed to.

For instance,

in general, prisoners can be taught army-style discipline training, and forced to study, and sit for exams/tests.
if someone is jailed for breaking some kind of law, he can be forced to study law books and pass the law test.

and so on...


texts: Would collecting personal information on a server you have access to be "hacking"?

texts:
Suppose you have an account on a local domain, but you were given it only to use a local server for personal storage.  If you collect personal information of employees and users in this network (such as personal id, phone number, email address, home address, ...), is this work known as a kind of Hack?  And can you be prosecuted for any crime?

Does it make a difference if you only use the information obtained for sending them advertisements, or suppose that you collect the information just for your own amusement?


texts: In the USA, do parents have the right to control their children's possessions?

texts:
Let's say a minor (17 or younger) living with his parents gets a job or does chores, and with the money thereby earned, buys a video game console.

The parents decide that the console is not appropriate for the child and take it away. In fact, they sell it and put the money into their own bank account, with no plans to ever give it back to the child.

Setting aside any question of ethics or morality, is this legal on the part of the parents? If the police are called in, will they seek to charge the parents with a crime (such as theft)?

I am under the impression that there is no legal case here, as the parents are the custodians/guardians of everything for the child. Imagine a situation where the parents are very poor, and ongoingly need the fruits of their child's labor to simply put food on the table and pay for the electricity. In my mind, while parents should generally allow their children to own possessions and enjoy the fruits of their labor, they also have every right to take every last penny from their child if it is urgently needed for the basic good of the whole family.

When considering this situation, perhaps it would be easier for you to think of the purchased item as something most would agree is unhealthful for the child, though not necessarily illegal for him to possess—say, a book on how to construct a bomb or on how to commit suicide. Perhaps it is a chain saw, or a gun, or a set of lawn darts, or pornography, or anything else that most/many people would recognize is good for parents to take away from their minor children, no matter where the money came from or what previous recognition there was in the family of the item's belonging to the child. In this way, please try to avoid responding from any distaste about the parents violating your personal feelings about a child's rights, as this question is specifically about the law only.

I'd like to know if my impression here stands at odds with any laws or precedents that could inform me better.

If a more specific jurisdiction is needed, let's hear answers from Washington state, California, Florida, and Maine. Or chime in with a few other states, so we can get an idea of what the laws are throughout the nation. Feel free to add information on laws in other countries, as well, but please try to answer the USA question first.


texts: If you find some code in a tutorial but the license says "you may not upload this resource to other websites" does it mean you cannot use it?

texts:
I never understood the licensing behind websites like medialoot.com . They describe how to implement code so it would seen the implicit understanding they are designed to be copied. However their license says

  FREE LICENSE

  If you have downloaded this file without paying for an individual item
  or a MediaLoot subscription, you are governed by the free license. The
  free license grants you the exclusive right to use and incorporate
  these files in your personal or commercial projects under the
  following conditions:

All uses of these free items must contain an attribution link back to MediaLoot.com or the specific download page of this resource.
You may use this resource or adaptations of this resource in commercial or other projects for single-application or multi-use

  applications, however if the application is multi-use (i.e. a
  commercial app or theme) then the attribution must be clearly visible
  on all pages or areas where the resource is used.
      You MAY NOT distribute or resell this resource, or its derivatives, and you may not upload this resource to other websites.
  All sharing of this resource must be done using a link to the
  MediaLoot download page.

So first they say that you can use it as long as you give them credit. Then they say you may not upload this resource to other website so does that mean you cannot use it to build your own website?

Are licenses only applicable once the material they protect crosses the threshold to be patentable or copyrightable? For example if you took a few lines of CSS from this page would the license even apply?

Basically I'm asking is, can you use code snip-its found on websites with these kinds of "licenses"? For context I'm most curious about a single person using it for non-commercial activity.


texts: Can restaurants call cops on customers who leave fake "Jesus money" as tip?

texts:
I've been reading that in the US there's a thing where certain kinds of people leave fake bills with just a corner showing just the dollar amount and the rest hidden under a napkin or peeking out of the check holder, but upon closer inspection turns out to be not real money. Such fake bills contain christian-adjacent texts which read things to the effect of "Jesus's love is more important than money".

I don't think anyone can tell for sure if any such person who leaves these fake bills does it as a way to propagate their religious beliefs, or to be a cheapskate with an "excuse", but the bottom line is they're leaving fake bills instead of real bills, and it's not cool to the servers.

Some say that the Secret Service will only investigate if the bills appear to be at least not obviously fake in full view, but the way these bills are used, only the real-looking portion is left in the open until the server comes over to collect them.

Is such use of "Jesus money" illegal? Can servers (or managers) of restaurants call the police on the customers for doing that?


texts: In a contract what is the difference between indemnify and defend? I often see them used together though I believe there is a subtle difference. If party x is to indemnify party y then x can't sue y. But if y gets in trouble then x will pay for the lawyers to defend y and that's what "defend". Do I understand correctly or what is the difference? A simple example illustrating the difference between indemnify and defend would be appreciated.


texts:
I have been reading crime report and there are various outcomes to cases. What does it mean when case is closed due to reason:

Evidential difficulties (suspect identified; victim supports action) ?


texts:
Person  b steals a car from person a by forging the registration  ie a civil manner.

Then person c steals the car.

How would a civil lawsuit work? Would person a sue b and c at the same time? Or sue them separately?

Is the transfer  from b to c conveyance even though b didn't consent?

Person b now has no assets so suing them alone is useless.


texts: What happens when evidence comes to light outside the Statute of Limitations period?

texts:
I suffered damage as a result of defamation, through a previous employer breaching laws against disclosure of information.

I spoke to a lawyer at that time and was told my chances of success were small, and that they would block discovery. I don't really understand what that means but I think that it means that they would lie and ask me to prove that they actually communicated to a third party.

The statute of limitations period has expired and they are now gloating about the damage that they caused me. I have only recently come to possess actionable evidence of what they were actually doing to my reputation.

Their gloating to others has resulted in information being given to me about those events, which I believe markedly improve my chances of success.

Does the availability of this evidence allow me to bring a case even though the Statute of Limitations period has passed?


texts: Naming a game studio similar to an existing game

texts:
A friend and I are planning to start a game studio together. We planned to name it “Delta-v Games”. However, while looking into the name we noticed a game with the name “Delta-v” released in 1994 by Bethesda Softworks, https://en.wikipedia.org/wiki/Delta_V_(video_game).
Delta-v is an old game.

Related; when Mojang (Creators of Minecraft) wanted to name there new game "Scrolls", Bethesda Softworks argued they could not do that because they had a game named "Elder Scrolls". Mojang was a big name and company at that point and this was both names of games that conflicted. Ours are the name of the production studio.

Could this become an issue? Our company is probably never gong to be over 10 people, or even 5. But maybe that does not matter and we should not take the risk?


texts: A student slipped a drug into my coffee — what are the legal ramifications of this situation?

texts:
I am a high school Chemistry teacher. This morning, while my back was turned to write on the board, one of my students (age 17) slipped a pill into my coffee mug. This is a thermos-style mug that has a screw-on lid with a small opening; it was obviously a deliberate act).

About 30 minutes later, when the bell rang to change classes, another student stayed behind to tell me NOT to drink anymore coffee "because [student name] put a white pill in it". Apparently, all 22 of my other students had witnessed this and even clapped and laughed as the perp ran back to her seat when I turned around. I had no idea what had happened and continued drinking my coffee as usual until the 2nd student warned me to stop.

I quickly went to be checked out by the school nurse who checked my vitals and found an irregular, rapid heartbeat and high blood pressure (both unusual for me). I was sent to the urgent care / occupational med clinic and underwent 3 hours of testing (x-rays, ekg, drug screening, etc). Luckily, no residual problems.

While I was gone, the student was searched and "Herbal Viagra" was found. She admitted to putting it into my coffee. She was suspended for 5 days. I told the school resource officer that I wanted to file charges against her and he said all she'll get is a "citation" because it isn't actually "criminal". Maybe it's because it wasn't a controlled substance. I can't believe that it's NOT A CRIME to drug someone without their knowledge or consent. Herbal supplements can interact with other meds wreaking havoc on a body. She doesn't know what meds I already take or what allergies I have. I was lucky... this could have turned out far worse than it did.

What are the legal ramifications of this situation? Is it a criminal act? What about the other 21 students who saw what happened and did/said nothing; just watched me ingest the medicine? Are they not accessories?

I live in Louisiana, by the way. Not sure if that matters.


texts: To whom is property "delivered" when purchased on behalf of a corporation?

texts:
The Gun Control Act of 1968 prohibits a federally licensed firearm dealer from "selling or delivering" a handgun to an individual under 21:

  It shall be unlawful for any licensed importer, licensed manufacturer,
  licensed dealer, or licensed collector to sell or deliver --

  (1) any firearm or ammunition to any individual who the licensee knows
  or has reasonable cause to believe is less than eighteen years of age,
  and, if the firearm, or ammunition is other than a shotgun or rifle,
  or ammunition for a shotgun or rifle, to any individual who the
  licensee knows or has reasonable cause to believe is less than
  twenty-one years of age;

Federal law, and most state laws, allow anyone over 18 to possess a handgun (but there are limited ways someone under 21 could obtain one, usually through a private sale from an unlicensed seller, or as a gift from a relative).

ATF form 4473 states:

  When the buyer of a firearm is a corporation, company, association,
  partnership, or other such business entity, an officer authorized to
  act on behalf of the business must complete Section A of the form with
  his or her personal information, sign Section A, and attach a written
  statement, executed under penalties of perjury, stating: (A) the
  firearm is being acquired for the use of and will be the property of
  that business entity and (B) the name and address of that business
  entity.

Say a corporation decided to purchase a handgun through a corporate officer who was between the ages of 18 and 21. None of the questions on this form ask you if you are over the age of 21, so there would be no perjury when filling out the form using the corporate officer's own information.

The thing I'm wondering about is the use of "deliver" in the Gun Control Act. If a corporation purchases a firearm, is the seller "delivering" the firearm to the corporation, or to the individual who is physically present to receive it? The act does not define the term "deliver", but later uses it in such a way as to suggest that delivery to a corporation is possible:

  A licensed importer, licensed manufacturer, licensed dealer, or
  licensed collector shall not sell or deliver any firearm to any person
  not licensed under this part and who the licensee knows or has
  reasonable cause to believe does not reside in (or if a corporation or
  other business entity, does not maintain a place of business in) the
  State in which the licensee's place of business or activity is located

I interpret the parenthetical in this quote to imply that the delivery can be to a corporation.

If the firearm were considered to have been "delivered" to the corporation, does this mean that anyone between the ages of 18 and 21 who is not prohibited from possessing a handgun can purchase a handgun (for a corporation) from a federally licensed dealer when acting as an officer of said corporation?


texts: Shopping for US immigration lawyers: What to ask in consultation?

texts:
I am in the process of finding an attorney to help with my Green Card application. I consider myself very knowledgeable about this subject, but I am not an expert nor do I have any personal experience. My case is pretty straightforward and I expect that the application will be successful, but I want to hire a professional to avoid the stress of doing everything myself, as well as ensure that I don't cause any unnecessary issues for myself through an error on my part.

I have never had significant business with an attorney before. There are many attorneys in my area, and all of them seem to want a consultation to discuss any details (including price). However, I'm finding this process a bit confusing and difficult. Even though my application is mostly finished, they don't want to look at it in detail until I actually hire them (usually the consultation is free or much cheaper than their services). They often assure that my case will be simple, but that doesn't help me choose which one to actually hire. After some thinking, I've come up with my own list of what an attorney can compete on. Ranked from most important to least, it is:

Accuracy: Make sure the application doesn't get unnecessarily denied or delayed due to how it's filled
Speed: Prepare and submit everything quickly.
Friendliness and not being distracted by other cases while dealing with mine.
Experience: Ideally with other people from my country, but also family green cards in general.
Price and value (most want to charge a flat fee for this).

Generally, in a consultation a lawyer reviews the client's case and tells them what can be done about it. However, I already have a good idea of this from personal research as well as previous consultation. My goal in the consultation is really to figure out how competitive the lawyer is in the five areas I've listed above.

So, what should I ask during the consultation to help me determine which lawyer is most suitable for me? I would have liked to simply pull out the above list, and say "I am shopping around and I will hire the person who best meets these criteria, give me your pitch on how well you can meet them", but that would probably be a rude thing to do.


texts: How to stop an alcoholic from driving- distance is an issue

texts: I have a family member who is an alcoholic and I think has been driving drunk. I want to report him and potentially get his license taken away, but no family or friends live close to him, so we have no way to know when he is actually driving. Is there anything we can do?


texts:
I am curious about the "can and will be used against you", which seems to be false on its face.  I always thought that this version was a fiction, but a quick search brings it up on Wikipedia and on LegalZoom.

I have seen plenty of alternate versions online, such as "can and may", which seems plausible, or the simple "can", which also seems reasonable.

But on what basis can one say "can and will" when the officer doesn't yet know the contents of what the interrogated party might say?  Have we explicitly encoded nonsense into an important legal statement?


texts: What format should I use for citing a regulation

texts:
I want to cite section II.C.2.b of this proposed rule in my comments to the federal agency (Medicare). Is "II.C.2.b" the correct format? Or II(C)(2)(b)? Something else?

I can't find online anywhere how I am supposed to format different bullet levels.


texts: What is the law around moth damage to wool carpets?

texts:
My landlord wants me to pay to replace a carpet because the moths have damage the carpet under my couch over my 2 years of stay.
Is this sort of damage the tenant's fault?


texts: Can an insurance company drop you after receiving a bill and refusing to pay?

texts:
In June of 2018, I had a dental procedure done that ended with a total cost of about $1400.

At the time, I was under my parents dental insurance. The dentist office confirmed my policy and claimed that I would pay 50% of the total cost and they would charge the insurance company the rest.

I ended up paying, in full, as soon as they allowed.

The next month, after the procedure, my insurance company contacted my parents to let them know they are dropping me from the plan. It turns out that I wasn't supposed to be on there since I was out of college at the time (recently graduated). They refused to pay the rest of the cost.

I had absolutely no idea about any of that. Apparently, neither did my parents.

Now, I'm being charged with a bill for $1400, which seems to be double the cost they were supposed to charge the insurance company. The last I heard, the dentist has tried to charge the insurance company several times without success.

Had I been informed before the procedure that my insurance wasn't going to cover it, I would have waited until Jan 2019 so that I could use my new insurance provided by my job.

Question:

Can the insurance company refuse to pay the bill? I understand why they dropped me from the policy, but the policy was active at the time of the charge.

What is my best option?

Should I refuse to acknowledge the debt as mine? Can I claim it's the insurance company's debt?
Contact my old insurance company and try to get them to pay up?
Negotiate with the dentist office to reduce the bill and just pay it?
Simply have them fix the charge so that it's accurate (it should be $700, not $1400, since I already paid half), and pay in full?

Do I have other options?


texts: What is the Constitutional justification for Federal gun possession laws?

texts:
The US Constitution reserves to the states all powers not expressly delegated to the Federal government. What is the Constitutional provision that allows for Federal laws such as the law that felons may not possess firearms?

This appears to be USC 922(g).

So, the argument is that because a gun was at one time transported across a state line, the federal government can make laws about who can possess it?

What about a gun that was not transported across a state line, but manufactured in the same state that the felon, or stalker or whatever lives in?


texts: Is this story about US tax office reasonable?

texts:
Ages ago I read a nice story that sounds quite reasonable, but might be complete nonsense. Here it goes:

  A private detective in the USA has lots of lawyers as customers. And
  they are notoriously bad at paying their bills. As a result, the
  detective owes money to the IRS. He talks to the IRS on the phone, and
  explains that he would love to pay his tax bill, but can't because so
  many of his customers are not paying their bills.

  The tax officer says "I'll come to your office on Monday morning.
  Please have your 20 largest unpaid bills ready".

  Monday morning, the tax officer arrives, takes the first unpaid bill
  to a lawyer, and calls: "Hi, this is John Smith. I'm informed that you
  owe private detective X an amount of $Y. Is that true?" Then the story
  explains (whether true or false I don't know) that in the USA it is
  quite possible to delay a payment legally, but it is illegal to
  falsely claim that you don't owe a debt. So when the lawyers office
  confirms, he says "I'm John Smith from the IRS, and I would ask you to
  pay the amount you owe to the IRS. Today. " And two hours later, the
  detectives tax bill is paid.

Question 1: Is it indeed illegal to lie about owing money?

Question 2: Would a company owing someone money that is past due payment be obliged to send the money to the IRS to pay the person's tax bill, assuming that the tax officer and the person owed state that this should happen?

Or is this story not reasonably possible?


texts:
If an open source software licence requires to "preserve this notice", which usually appears within the source code file, and I'm not distributing any parts of the source code (but only binary files), does that mean that I don't have to do anything with that original licence? Or would I have to create a new file with that licence notice, or include it into some documentation or even let the application reproduce the licence notice on the screen?

Does it matter whether the original licence was embedded in the source files or distributed as a separate file?

I'm thinking about shorter licences like BSD or MIT, or even those called "public domain". AFAIK the GPL or LGPL require distributing the separate licence text file as it's quite lenghty. I don't know about other licences like Apache or CC.


texts:
Customer goes to a dealership in Texas to buy a used car. Car is test driven and customer likes it.

Customer makes agreement to buy the car, and they settle on a price. Customer signs a deal with a trade, and pays the down payment. Customer then expects to take delivery of the car.

Dealership says they need to put a part on the car. They say they can have the care ready the next day. I ask why and what is the part but the salesman can't tell me. Or won't tell me. I say ok and intend to come back the next day to get the car.

They tell me they 'ordered' the part and it won't be in until 5 days later and they expect me to be able to pick up the car after it's installed 6 days later.

I tell them no, I want the car now and I'll bring it back to let them install it when the part comes in. They say 'no it might be a liability to them if they release the car and there's an accident.'

I say - wait - you were letting people (myself included) test drive the car at highway speeds and you didn't think it was a liability and now you just don't want to release the car.

I told them I'm paying 15 dollars a day in interest on the car, and you're refusing to deliver my car to me. I consider that a breach of contract. So I want to void the deal. Give me my down payment back.

They want to keep the car but keep me bound to the contract.

Is that legal? It should be my car and my decision as to whether or not I want to drive the car while waiting for a part. Not theirs. And they won't even tell me what part they ordered and want to put on my car.

I've researched it and Texas law doesn't seem to really have many laws requiring a 'cooling off' period. See: Contract Date Vs Date of Possession

Any recourse?


texts: What's to stop a homeless person living in a church or a mosque?

texts:
Aren't churches and mosques basically public places of worship?

Couldn't a homeless man just claim he is doing an extensive period of praying?

Sorry if this question sounds ignorant or dumb. I'm just curious.


texts:
First let me say this, I'm not a Sovereign citizens, i'm not trying to not pay taxes, i'm not trying to argue if it is legal or not that you have to pay, you do.
What im more interested in is the concept, notions and rulings before 1913 and the amendment, legality, conflicting Constitutionality, etc.... 1911-1913 very shady time in USA political history. They could admen the Constitution to make a law Constitutional. Article I, Section 9
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.
Also the arguments of Jefferson and Jackson on our monetary system.
Wasn't the whole point of the revolutionary war not to pay taxes to Lombard Banks, Bank of England? And the whole Idea of America was to make its own money and not borrow or have money backed by these private companies/people?
Pollock v. Farmers' Loan & Trust Company, 157 U.S. 429 (1895), affirmed on rehearing, 158 U.S. 601 (1895), was a landmark case of the Supreme Court of the United States. In a 5-to-4 decision, the Supreme Court struck down the income tax imposed by the Wilson–Gorman Tariff Act for being an unapportioned direct tax.


texts: Would a second illegal detainment by Police increase a settlement amount?

texts:
In the following video; https://www.youtube.com/watch?v=Kez1-dVN3iE

A Pueblo, CO L.E.O. illegally detained an individual while taking video outside of a police department on a public sidewalk. The individual sued the city, PD and they settled for a sum of $41,000.00. The PD edited their policy regarding public recording and I would assume informed/trained their officers on the updated policy.

If a second incident of illegal detainment while video recording in public occurred.

Would this increase the payout from the city/PD in the event of a settlement?
Would the Officer be personally liable?


texts:
Subject to statutory provisions, all Provider’s warranties, conditions, and representations (whether written or oral), or other terms implied by statute or common law are excluded to the fullest extent permissible by law.

I am not sure how to understand this part, especially the passage in bold. Does it mean that the common law is not the guarantor whether the conditions are in accordance with the law? Does it mean that mentioned Provider is not held responsible?


texts: Murder vs aggravated assault vs attempted murder

texts:
Just watched "Night watching" on A&E. On the show, someone was stabbed 23 times. At the end the narrator said that a suspect was arrested and charged with 23 counts of aggravated assault.

Why not charge attempted murder? I would imagine the penalty for attempted murder is about the same as murder right?


texts: (UK) Ex-employer didn't pay out my holiday in-lieu and then flew to Pakistan and stopped replying

texts:
It's a continuation of the story started here  a few months ago.

After being explained that during the probation period I have still built up a few days of holiday entitlement which should be paid out in-lieu when the company stopped operating, my ex-boss actually admitted she was in the wrong and promised to pay it out soon. (~ £250)

The case involved me and another ex-employee and the second employee got the money soon after but mine never reached me. (Even though I've been sent a corrected payslip and everything)

I've been in contact with the employer to resolve the situation (she has in the mean time moved to Pakistan, or at least claims she did) and she actually told me that there's a chance that she sent the payment to the wrong person and that she will resolve the situation within a week.

Fast forward two months: she's not responding to any of my messages and the payment never reached me.

Citizen Advice Bureau told me that I probably won't see the money since she's moved to Pakistan and UK can't force her to come here.

Actual question:
Can I do anything to either get the money back or at least report it somewhere so that she'd be on some kind of list or anything that'd make her life harder in the UK?


texts: What happens when a contract agreement ends?

texts:
Before I start, I would like to mention that I'm totally new here, so apologies in advance if I'm posting in the wrong place. Please notify me of such before down-voting and I'll close the topic.

I'm pretty new when it comes to contracts. I("Client") am hiring a freelancer("Designer") to design a logo for my startup and I am drafting a contract agreement.

However, one thing that has been bothering me for now is what exactly happens after the Agreement? Do I get the rights, or do I need to make another contract where the designer assigns the rights?

Allow me to explain.

In my Agreement, I specifically say the following:

  (a) The final Logo design delivered to Client pursuant to this Agreement
  shall be deemed as “contract for commissioned work”, as described
  above, and the Client shall be the sole owner and gain exclusive
  license of the final Logo design and of all rights, including but not
  limited to, Copyrights, Economic Rights, Trademark/Commercial Rights
  and any other form of Intellectual Property Rights, in <myCountry> and
  Worldwide. Designer shall execute all documents, and perform such
  other acts, as Client may deem necessary to secure for Client all such
  ownership rights.

  (b)   Client understands that Designer owns all the rights and exclusive
  license of all the Preliminary Concepts/Designs created before Client
  has selected the final Logo design, except for elements in those
  concepts that are incorporated into the final Logo design that
  Designer delivers to Client.

  (c)   Client will be solely responsible to make sure that the final Logo
  design that Designer will create for Client will be available for use
  in commerce and protectable under trademark law in <myCountry>.

  (d)   Client hereby grants Designer the right to display the final Logo
  design in her personal portfolio or as means to demonstrate and market
  her creative skills.

Now that I have said this in my Agreement, does the Agreement ever end? I mean the Agreement should end after the files are delivered to me, but what about the rights I get on the files? Do these end? Do I have to specify that the Agreement ends after the final files are delivered to me?

How do I properly close the Agreement?

Here's a link to my contract draft, if that might help:
https://docs.google.com/document/d/1dJyChQ4l94f5N0Z2B0I7gt7QKjqzyX9H7ooQJOhDFOk/edit?usp=sharing

Thanks

P.S: I'm not a lawyer or a student of law. I'm just a Computer Science Student looking for some help here.


texts: Is it legal to use "Java" in a domain name for a website?

texts:
I want to register a domain (within Poland) that contains "Java" word in it. Am I allowed to it, or is it illegal?

I heard about the case of Vavr (formerly Javaslang) which changed the name due to trademark issues - http://blog.vavr.io/javaslang-changes-name-to-vavr/

Does this law works globally or just in few countries? Is it ok to use "Java" in a domain in Poland?


texts: Is it legal to use a company name that has one word trademarked in the UK?

texts:
Is it possible for legal action to be taken in the UK, for example if the word

  FormatA

has been trademarked, and then someone else starts up a company called

  FormatA Diagnostics

Even if the two companies do completely unrelated things?

Thanks


texts: Is Streaming Copyrighted Content Illegal in the UK

texts:
Obviously, it is illegal in most countries to download films, games, music etc without paying for them. However, there are a growing number of people who argue that streaming is not illegal as, they claim, that because streaming does not save the files after you have viewed them (despite there being caching) it does not count as downloading.

What does the law have to say on this?


texts: Can the CDC stop the state of New York from testing for COVID-19?

texts:
At the end of this video NY Governor, Andrew Cuomo, criticizes the CDC for "not letting" the state of New York and other laboratories test for COVID-19.

What did he mean by that? Does the CDC have some legal authority to prevent the State of New York and other private laboratories from testing for COVID-19?


texts: Is a student allowed to sell online photos of biological material made at the educational institution?

texts: I made a couple of nice photos of a model organism I used in the research at my educational institution. The organism was provided to us students by the educational institution. I was wondering, is a student allowed to sell such photos online? Does the copyright belong to me or my educational institution?


texts: In the US what is/are the legal definitions of 'workplace'?

texts:
According to this online USA guidance many US states give smokers the same sort of anti-discrimination class as for example pregnant mothers or other groups.

  Most states have some laws that protect smokers from discrimination

and

  However, 29 states and the District of Columbia do prohibit discrimination based on legal activities outside the workplace, which includes smoking tobacco.

What, in these states, constitutes 'the workplace'? For example, while under mandatory Covid19 homeoffice, while participating in teleconferences from home, is the home a 'workplace' for the purposes of these laws? Can an employer dismiss a smoker for smoking at home during mandatory homeoffice (and on a teleconference) or would this be perceived as discriminatory?


texts:
This earlier question asked whether a pricing scheme could be copyrighted.  I wonder if pricing could be trademarked.

Suppose Christopher Columbus Pizza was famous for selling a large pizza for $14.92.  Can they obtain a trademark on $14.92 to prevent competitors from also advertising their pizzas for the same price and confusing customers as to the quality or source?


texts:
I have read that arbitration proceedings and decisions are private. I have not seen any reference regarding what information can be made public before, during and after the process: Filing and Initiation, Preliminary Hearing, Information Exchange and Preparation, Hearings, and the Award

Could the one party post a blog or take out a newspaper advertisement to document their arbitration claim?


texts: Why did Judge Hugo Black consider Humanism and athiesm to be a religion?

texts:
As this site declares: https://donotlink.it/9NEO

While sometimes labeled “Secular” Humanism (to falsely frame it as non-religious), Humanism most certainly is a religion, and was acknowledged as such by the US Supreme Court in Footnote 11 of Justice Hugo Black’s majority opinion in Torcaso v Watkins (1961).
Importantly, Hugo Black was FDR’s Marxist agent on the court who shifted the US Constitution from a Biblical to a Humanist foundation in Everson v Board of Education(1947) and then leveraged the Everson ruling to, in effect, declare Atheism a religion vested under the 14th Amendment with “equal protection of the law” in Torcaso.

This doesn’t sound right at all. Athiesm is a belief yes but not a religious one.


texts: What does ‘common carrier obligations and duties mean’?

texts:
Lina Khan whilst still a law student at Yale Law School published an article in Yale Law Journal on applying competition law to Amazon titled Amazons Anti-Trust Paradox. The New York Times described it as:

  Reframing decades of monopoly law

It was also picked up by Foreign Policy Magazine where they noted:

  She argues that Amazon’s market dominance and its accumulation of user data demonstrated a need for the US to urgently update its anti-trust law for the era of tech giants. The paper got more than 140,000 hits and Khan was suddenly a legal celebrity. In July 2018 she joined the Federal Commission as the agency stepped up its scrutiny of tech giants.

In the Wikipedia article linked above, they say that she proposes that:

  Restoring traditional anti-trust and competition policy principles or applying common carrier obligations and duties.

What does ‘applying common carrier obligations and duties’ mean in relation, say, to Facebook?


texts: Is it illegal to make a puppy fur jacket?

texts: I watched 101 Dalmatians for the first time and wander: Can dogs or cats be raised like farm animals for the purpose of food or fur? What species of animal is not allowed for product other than endangered species?


texts: Estate Planning - Spouses with survivorship clause - could a named beneficiary "double up" on simultaneous death scenario?

texts:
Lets say there is a married couple and they both have identical wills; with a survivorship clause along the lines of:

I direct that the reside of my estate shall be paid, transferred and delivered to my spouse (xxx) for his/her own use... provided s/he survives me for a period of (30) thirty days.
In the event my spouse (xxx) predeceases me or does not survive me for a period of (30) thirty days, then: give $10k to the church and split the remainder in equal shares to my children.

Questions:

if both spouses have the same children and die at the same time, does the church get $10K or $20K ?
if the church gets $20k; how would you change the will so the church get $10K total regardless who dies first and the time between the deaths.

Links to source would be greatly appreciated.  Thanks.


texts: Why use USPS to Deliver Demand Letter when email is available

texts: A Florida HOA is in breach of contract: the next step is to send a 'demand' letter seeking actionable remedy.  There is a history with HOA of using email: is there any compelling reason to send the demand letter via USPS registered mail?


texts: Has risk been transferred to the consumer?

texts:
I have a question about the passing of risk in the Consumer Rights Act 2015, in the context of the Consumer Contracts Regulations.

If I order something addressed to myself, but at the address of my office, which has a reception, is that the equivalent of nominating reception to take possesion of the goods. Has the risk transfered to me?

Alternatively, are the goods delivered to reception counted as having already come into my physical possession in this situtation?

Summary:

  The Consumer Rights Act, which came into force on 1 October 2015, says that the retailer is responsible for the condition of the goods until the goods are received by the consumer, or by someone else they have nominated to receive them on their behalf like a neighbour.`

Wording:

  Passing of risk

  (1) A sales contract is to be treated as including the following provisions as terms.

  (2) The goods remain at the trader’s risk until they come into the physical possession of—
      (a) the consumer, or
      (b) a person identified by the consumer to take possession of the goods.

  (3) Subsection (2) does not apply if the goods are delivered to a carrier who—
      (a) is commissioned by the consumer to deliver the goods, and
      (b) is not a carrier the trader named as an option for the consumer.

  (4) In that case the goods are at the consumer’s risk on and after delivery to the carrier.

  (5) Subsection (4) does not affect any liability of the carrier to the consumer in respect of the goods.

  (6) See section 2(5) and (6) for the application of this section where goods are sold at public auction.


texts: Shared Parenting - How intoxicated does a parent have to be to deny visitation?

texts:
I'm posting as a guest for anonymity.

My ex-wife and I have a shared parenting plan (50/50 time) of our 3 year old son. We live in the US (the state of Ohio) and have been divorced (technically a dissolution) for around 2 years. As our child is not yet school age we opted to put off assigning a "custodial parent" (which, I know, is rapidly approaching).

Since before we were divorced I have suspected my ex has a drinking problem but perhaps naively (or more likely for lack of visibility) I had thought she compartmentalized her drinking to her off-parenting time. Recently, however, there was an event that gave me great cause for concern and I want to be sure I understand the law so as not to mistep.

Last weekend, I was asked to watch my son for a few hours on a day that was scheduled hers (he had been cooped up in the house sick and was apparently driving her nuts). I took him out to run errands with me for a few hours but when it came time to drop him back off I received an alarming text message.

Essentially, she let me know that she had been drinking so it wasn't a good idea for her to meet us at the playground where we were going to be, so instead could I drop him off directly at her house? Obviously concerned, I asked her how much she had drank, to please stop and indicated I could keep him for an additional couple of hours while she took efforts to sober up. She was (understandably?) outraged, claimed to have drank only 3 beers and demanded I drop him off immediately. I held my ground and (after a lot of arguing) we eventually rescheduled the drop-off time to later in the day.

One of the things she let slip (verbally) while we were arguing was that she apparently regularly drinks while she has him but never drives "even after one beer" and "never gets drunk" when he is around.

Since this episode, I have been reading up on denied visitation and the contempt charges that can spur from that and so I want to be very careful in how I act. At the end of the day I want to protect my son but I'm also scared that I could jeopardize my ability to gain primary or full custody of him. I understand I need to document everything I see to begin building a case (which I have started) but I also want to be sure that if I have to involve the police that I do so in a way that doesn't harm my case.

My Questions:

Is there a legal standard as to how sober a care-giver must be to safely watch a child (or in other words) how drunk does my ex have to be for me to deny a drop-off? Is it entirely based upon outward signs or blood-alcohol level?
Am I correct in assuming that in order to protect myself from being accused of denying visitation, that (in the future) I need to involve the police if I suspect her of being intoxicated?
If I involve the police, do I need to be sure that she is extremely intoxicated in order to avoid a "false alarm"?  (Obviously this scares me as I'd prefer she didn't drink at all)
What options do I have, if any, if she drinks around him in her own home? Is she within her legal right as long as she doesn't get in a car, doesn't pass out or does something blatantly abusive?


texts: Can Donald Trump's Tax Returns be obtained through a Freedom of Information Request?

texts: The IRS, which is part Federal Government clearly has copies of Donald Trump's Tax Returns. Can these be obtained through a Freedom of Information request, given the public's legitimate interest in the matter?


texts: What gives me the right to use user-generated content for ... anything?

texts:
I'm building a website where users contribute original content to a collaborative story writing process.  I assume since they are submitting it to such a site, they are implicitly giving me the right to display said work on the site.  I understand that I cannot claim copyright ownership of said work, but for example, when I make a post on Reddit, Reddit doesn't own the content I wrote, but yet they are still permitted to display it to all other users who visit their site.  Since I own the copyright to my own work, do I have the right to send Reddit a take-down notice for my own work (assuming I didn't already have the ability to delete my own post)?  Could users do this to me on my site?

I would eventually like to be able to use this user-generated content on my site for other purposes, all expressly related to or in the context of my site (e.g. publishing a compilation of user-generated work from multiple users, either for free or at-cost).  Is this in any way possible without some process of getting legal documentation from every user of my site?

In short, is there any way to enforce that original content posted to my site shall be covered by commercial-use-allowable Creative Commons or other such licenses, effectively making them public domain or something like that?  I understand that I'm throwing some of these terms around a bit without really using them correctly.  I don't know anything about legal stuff, this is a hobby project and I basically just don't want to get myself into trouble.

It's already on my radar to provide an avenue for owners of copyrighted material to send me take-down notices if they find that a user of my site has posted their content without permission, but when a user posts their own original content to my site, I want to know what I am allowed to do with it.


texts: A Specified Percentage Of Quorum Is Required To Carry A Motion

texts: The Bylaws state that a quorum is 25% of active members (130 x .25 = 33). A specific vote requires 75% of the quorum in order to pass (33 x .75 = 25). My question is, if 100 people are in attendance, and the quorum threshold is only 33, does the 75% of the quorum (25) vote requirement cause the vote to be affirmed even though 75 people might vote against the item?


texts: A website is refusing or failing to remove personal data I've requested removed: is this against GRPR?

texts:
I have been a member of a website for 13 years and would like all of my old posts removed. I have contacted their support team however the experience has been dreadful:

it look a lot of back and forth messaging until they understood what I need
the support team is fairly disconnected from the tech team that can actually do it
in 9 months of continuous messaging there has been little to no progress and I feel I'm running 'round in circles

I had a quick at GDPR and these points don't apply:

  the personal data your company/organisation  holds is needed to exercise the right of freedom of expression;

  there is a legal obligation to keep that data;

  for reasons of public interest (for example public health, scientific, statistical or historical research purposes).

Is the website's refusal/failure to remove my personal data against GDPR ?
What can I do about it ?


texts: GDPR: Receiving marketing as precondition for receiving a free service, legitimate interest?

texts:
I am interested in the situation where a company provides a free service on condition that they can market to the customer (by electronic message) until the customer unsubscribes from the service.

The UK ICO documentation on GDPR definition of legitimate interest says that emails/text messages to individuals – obtained using ‘soft opt-in’ are allowed.

From their direct marketing guidance:

  The term ‘soft opt-in’ is sometimes used to describe the rule about
  existing customers. The idea is that if an individual bought something
  from you recently, gave you their details, and did not opt out of
  marketing messages, they are probably happy to receive marketing from
  you about similar products or services even if they haven’t
  specifically consented. However, you must have given them a clear
  chance to opt out – both when you first collected their details, and
  in every message you send.

(They go on to say that soft opt-in doesn't necessarily require a sale, merely e.g. a request for a quote, and that this only applies to commercial organizations, not charities).

This would appear to allow emailing existing customers, but then that is possibly contradicted by the following (from direct marketing guidance linked above)

  The ICO recommends that organisations do not make consent  to
  marketing a condition of subscribing to a service unless they  can
  clearly demonstrate how consent to marketing is necessary  for the
  service and why consent cannot be sought separately. It is also
  relevant to consider whether there is a choice of other  services and
  how fair it is to couple consent to marketing with subscribing to the
  service.

Possibly when the service is free then it might be argued that it is necessary and fair to couple consent to marketing with subscription to the service. (Though remember I am aiming to define this activity as legitimate interest rather than consent if possible - so am confused as to why consent now applies). However they also say this

  It is not enough to argue that processing is necessary because you have chosen to operate your business in a particular way.

Unfortunately this would appear to scupper the "free service in exchange for marketing" business model.

If the user is allowed to withdraw consent on signup (or afterwards) then they can obtain the free service without marketing - even though this may cost the company money which they could only justify spending if it generates a marketing lead
Requiring consent on signup also, obviously, might affect signups pre GDPR implementation

So the question - how can free-service-in-exchange-for-marketing be justified under GDPR (1) for commercial organizations? and (2) for nonprofits?


texts: Previous Employer using my electronic Signature

texts:
My previous employer uses an electronic signature program to execute General Tenancy Agreements.
I have since left the company in August. However, it has been made known to me that the company is still using my login and signature (not just an electronic version, my actual signature) to execute these agreements.

They are known in the industry for having little respect for the legislation and laws (fraudulent invoices, employing unlicenced staff etc). Which is why I have left.

WHAT laws protect me and/or how can I make them stop? Pointing me to the legislation would be great.
I am in QLD Australia - should I contact the OFT?


texts: Legal uses of not-at-fault auto insurance money paid to mechanic

texts:
This all happens in California.

Driver D has an accident clearly caused by responsible party R.  (No one disputes that R caused the accident.)  There is some damage to D's car.  A claim is filed with R's insurance.  D gives them the contact information for his mechanic M.

R's insurance provider writes a check for several thousand dollars to M, enough to cover the repair and a rental car for the duration of the repair.

In the meantime, D has a mishap while parking, further damaging his car (in another area than the damage from the accident above), but causing no damage to anyone else's property.

D turns out not to need a rental car for the duration of the time his car will be repaired.  D would like to get all the damage to his car repaired, and possibly some additional unrelated improvements.  The check received by M is more than enough to cover this work.

The question: Would there be any sort of illegality (i.e. insurance fraud) or repercussions for either D or M if the money is used to fund repairs/improvements beyond the damage actually caused in the accident for which the claim was originally filed?


texts: If I accidentally leaked my school's IP address and someone attempts a DDoS attack on my school am I at fault?

texts: I found my schools IP address and if it accidentally got out and my school got a DDoS attack am I liable for damages? (I'm in Colorado if that helps.)


texts: Are US doctors allowed to charge insured clients more than uninsured clients?

texts: Is a U.S. doctor allowed to charge a client with insurance more than a client without insurance?  I was told the cost for my visit was $40 if no insurance but $60 co-pay if I have insurance.  I called my insurance but was told to ask a lawyer.


texts: What is the effect of a pardon by the President of the United States?

texts:
An answer to a recent question stated:

  In modern, peacetime U.S. practice, the main use of the pardon power has been to restore the civil rights of people who admit to having committed crimes and have served their sentences and reformed, so that they can, for example, apply for a job not available to felons, or vote, or get a hunting license and use a firearm. Only a tiny share of modern pardons are granted to people who are currently serving sentences for the crimes of which they were convicted or to people who have not yet been convicted of crimes.

My understanding is that a pardon only effects that you no longer must bear the consequences of a conviction, it does not remove the conviction. Thus I want to ask for clarification on the part where it states that pardoned individuals "apply for a job not available to felons, or vote, or get a hunting license and use a firearm". I figure the three options are either:

I am not entirely correct about what a pardon by the President does.
The prohibitions on felons to applying for jobs not available to felons, voting, get a hunting license and using a firearm are part of the pardon
The statement is not correct.

What are the actual legal effects of pardons issued by the President of the United States?


texts: Do I need to mention policies on cookies if my site is using Amazon associates program?

texts:
I have started participating in Amazon Association program. Now, this program uses cookies while users visit my blog site. My web site as such is not using any cookies. Still some cookies are presented to the user while they are visiting my website. So, Do I need to include Policy on Cookies?  If Yes, what content shall I need to provide?

I did read the Associates Program Operating Agreement it is not explicitly stating about this scenario. It states following thing in its Section-8

  You must, however, clearly state the following on your site: “[Insert
  your name] is a participant in the Amazon Associates Program, an
  affiliate advertising program designed to provide a means for sites to
  earn advertising fees by advertising and linking to amazon.in.”

But, nothing clear on cookies.

Now, If i write in my privacy policy that "MY SITE IS NOT USING ANY COOKIES", That is true but it is half true, as through advertisement cookies are used, and if I need to write about this, how I will be make sure that these cookies are not collecting any personal information?


texts: How well can one know the rules in gambling before it's legally fraud?

texts:
A Wired article from earlier this year describes how a regulatory change in Russia (suddenly prohibiting most gambling) flooded the market there with old slot machines.  Some technically skilled people bought those machines and figured out the rules by which they operate in great detail.  They then used that knowledge to classify the operation of similar machines in the US, making predictions about what button-press timing would lead to improved payouts, and use those predictions to guide their gameplay and win money.

This seems very similar to a common purpose for entering casinos: people go in, at least thinking they know the rules of a game and intending to use that knowledge to win money.  Most of them do win money.  Only some walk away with a net gain, but those folks are then touted as example customers so that more people will be convinced to come in and place bets.

However, the folks who learned how the slot machines worked and use this to win by playing well were then prosecuted and jailed for years as perpetrators of fraud.  What is the particular law that they violated?  What is the threshold where it's considered fraud if you know too well how the game works?  Why does the casino get the option of prosecuting players as criminals instead of making the tradeoff between accepting losses vs. using better pseudorandom number generators?


texts: One Unit Trust with many classes of unitholders: is it possible?

texts:
If different assets are contributed to a Unit Trust, say one real estate property in San Francisco and one real estate property in Los Angeles, can the Deed of Trust specify 2 classes of beneficiaries/unitholders: "San Francisco" unitholders and "Los Angeles" unithoders, each receiving the rental from the respective asset?

If answer is "yes, it's possible", would there be an advantage (tax/cost/other advantage) in having just one "flexible" Unit Trust and then amending it to include more assets and more classes of unitholders VS setting up a Unit Trust for each asset?


texts: Do fonts integrated in the browser need licensing?

texts:
Fonts like Helvetica and Arial are commercial, meaning that one needs to purchase (rent actually) a WebFont license when providing that font.

However, both fonts are available on the very most systems and browsers. Instead of embedding the font into the website, one can simply say font-family: Arial, Helvetica, sans-serif; in the CSS which makes sure the browser retrieves the font locally, on the user's hard drive. This is different from the first case, where the website provides the font.

In the latter case, is there still need for a license?


texts: What types of questions can I legally ask in a technical interview without violating Title VII

texts:
The HR department at my company is concerned about what can and cannot be asked in a technical interview for a software position. We are being told that under Title VII we cannot do the following:

Have candidates perform a simple coding exercise where they write some code to solve a general problem we provide
Ask technical questions on a phone screening (e.g. ask the candidate to explain what a particular technical term means or how that technology is used), without the questions being vetted by an IO psychologist and administered by a trained professional

I have been a part of hundreds of interviews as both the interviewer and interviewee at many different companies. Technical questions and tasks have always been a part of the process. I have spoken with friends about technical interview questions they were asked when interviewing at Google, Apple, Microsoft, etc.. If these large companies are able to ask technical questions, I feel that our company must be mis-applying the law somehow.

Can we legally ask technical questions of candidates and/or ask them to complete a coding exercise?


texts:
A common claim seems to be that mailboxes in the United States are federal property (example, example, example). (To be clear, some mailboxes are owned and maintained by the USPS, typically cluster boxes, but this is referring to mailboxes purchased and installed by property owners.)

The justification for this statement is typically that U.S. code makes mailbox vandalism or use for non-USPS materials a federal crime; thus, USPS has total control over your mailbox. This seems questionable. Obviously, if you go smashing other people's mailboxes or go box to box inserting pamphlets, you are liable to get in trouble with the postal inspector, but that seems unrelated to who owns the mailbox.

In fact, the USPS website seems to acknowledge that some mailboxes are privately owned.

What is the real story here? Are U.S. mailboxes property of the USPS? To what extent do property owners have control over their own mailbox? Can they deface or place non-mail in their own mailbox? Can they tear it down with no intent to replace it?


texts: Do nonqualified stock options need term limits to be exempt from deferred compensation (409A) treatment?

texts:
Suppose that I want to build a startup with independent contractors and want to compensate them with non-qualified stock options (NSOs).  I expect the business to take some time to stabilize and become profitable, and I do not want to force the contractors to prematurely exercise their options and pay income taxes on the stock received before the business is a proven success.

I therefore would like to set the NSO expiration date to, say, 20 or 30 years from grant date, rather than the usual 10.  For similar reasons, I would like to omit (or greatly extend) the typical requirement that NSOs be exercised within 90 days of leaving the company.

Is all of this possible while still keeping the NSOs exempt from 409A treatment?  (A variety of online articles discuss stock options and 409A—see here and here for examples—but I haven't yet found any that give a clear answer to this question.)


texts: Does Paypal have the authority to charge for currency conversion?

texts: Paypal charges somewhere around 4% to convert US dollars to Aussie dollars when they pay me. What is this fee for? All conversions are computerised now. I have written them and they don't respond. To me, it's theft.


texts: UK solicitors as sole executors of a will: any brake on their time and fees?

texts:
Somewhere in England:

John is the only child of the widow Jane and sole beneficiary of her will.  According to her wishes he was living in her house and managing her affairs while she was sick. When she died, it turned out that her will had not been recently updated: the latest copy, lodged with Darke, Stanić, Mills (solicitors), did not name John as an executor, but rather her late husband (John's father) and the partners of the law firm itself. I presume this means that the solicitors are effectively the sole executors.

If so: to whom, if anyone, are the solicitors now answerable for the time or money they take to obtain probate and administer the estate? Can they just take as long as they like, and invent busy-work and complications in order to charge the estate as much as they like?

What steps, if any, can John take to ensure that the impact on the estate is minimized?

EDIT:  The Solicitors’ (Non-Contentious Business) Remuneration ￼Order 2009 seems like it might (?) apply. But even if so it seems extremely vague in stating, "A solicitor's costs must be fair and reasonable having regard to all the circumstances of the case..."  Who's to judge what is "fair" or "reasonable"?  What incentive is there for the solicitors to operate efficiently and with restraint here?


texts: GDPR compliance when people submit file with other's person personal data

texts:
I've published a tool on my website, allowing people to submit a CSV file for a transformation into a XML file according to a governmental XSD. I would like to add a functionality that would allow people to get a link for downloading that XML file and share it with their team for instance.

The problem is that the input CSV file contains some sensitive data on employees of the company that uses my tool. For now, I do not ask consent for anything because I do not store the file on disk and there is no data on my server that can identify the user that uses the tool.

The new functionality would allow people to submit a file named 'myEmployees.csv' and to download the XML file on 'https://example.com/download/myemployees.xml'. Thus, anyone could download the file with the URL.

I would like to share a GDPR compliant tool but I'm not sure of the consent I should ask, how I should store the file on disk and how should I allow people to access the file ?

My current knowledge on this subject would make me add consent explaining my intent of storing the file (only for sharing file) and for how long. Maybe I can add a password that the user could set to allow access to the file, it might be more secure but is it really more GDPR compliant ?

Moreover, I read a few thread :

GDPR - User entering other peoples data
Gathering data about individuals from a different individual under GDPR - can you give away other peoples personal data?

For further information, the tool would not store the file for more than 12h time period.

Thank you for your help


texts: Can the U.S government break up an international monopoly?

texts:
In the event a national monopoly forms such as a major railway or oil company, the U.S government (or any other government) can choose to take action such as breaking up that company into smaller companies. This would not be an option and that monopoly would have to comply.

However, let's imagine a scenario where there is a large international monopoly. Would the U.S government (or any other government) be allowed to force that international monopoly to break apart?


texts: Could it be illegal for an individual in USA to hire a software developer in Syria or Venezuela for short project?

texts:
This question is about an individual in USA hiring a software developer for a short project through a site such as guru.com or freelancer.com.

Considering that U.S. has sanctions on Venezuela (described here) and Syria (described here), could it be illegal to hire someone who is living in either of those countries?


texts: What is the overall conviction rate of U.S. criminal courts?

texts: Of all criminal cases that go to trial and end in a verdict in the United States, what percentage result in a conviction for at least one of the offenses being prosecuted?


texts: Can you use someone else's idea in your own youtube video without citing it?

texts: If I were to watch a video on how to do something on youtube, is it legal to post that same method in my own video? Say, for example, I saw a minecraft video on how to create something. Would I be able to make my own video creating the same thing in the same way without citing the source? What are the bounds?


texts: Where to file Operating Agreement for an LLC?

texts:
I've registered a new LLC with the State of Iowa. My state does not require an operating agreement, but I read online that it's a good idea to have one to protect your personal finance from liability further that just having an LLC would, so I made an operating agreement. My question is: what do I do to put this agreement on record, besides just keeping it in my personal folder at home? There is nowhere on my state's filing website where I could upload such an agreement.

I'm a sole proprietor with no employees at this time. My concern is that if a question comes up that would put the operating agreement into play, how would people know that the agreement was established originally and I didn't just write a new one to suit the situation? Would the creation date of the PDF file be enough proof? How often is such proof needed? Or am I worrying about this for nothing?


texts: When does an attorney have to "voluntarily" disclose information to the other side?

texts:
My understanding is that in criminal cases, the prosecution must disclose exculpatory evidence that they have come across, to the defense.

Is there a similar rule in civil cases? Suppose someone who wants to build a home assumes that the contractor has insurance, and the contract warrants and represents this assumption. If the contractor's lawyer then discovers that the contractor doesn't have insurance, is the contractor's lawyer required to disclose this (presumably) material fact? Or at least see that his client does so?


texts: Protecting self from unknowingly posting copyrighted material

texts: Someone is getting me to make them a Facebook page. They are giving me the material. They also want me to edit (Photoshop) some images for them. I'm worried that I may be breaking copyright. If I get them to sign a contract agreeing that all material they provide me, they own the copyright for, and they agree to indemnify me, are these two things enough to protect me if someone makes a claim that I posted copyrighted material?


texts: how does the court define being "in the presence of..."? ie if my girlfriend sleeps over and never sees the kids

texts:
there is a rider in my divorce agreement that says my current girlfriend is not allowed "in the presence of" my kids. There are no legitimate safety concerns, my ex-wife is just upset due to the affair. it got into the agreement because I agreed to it in the temporary agreement in order to smooth the transition. it was then automatically carried over.

Burlington VT


texts: How do you determine who has the best claim to lost and hidden objects?

texts:
This is a question that relates to the nature of the land -- property law. How do you determine who has a claim over an object they found and in which situations would they have a claim?
Say, person A was invited to person B's house so they could dine together. Person A found a £60 note in front of person B's house. Person A also found a £20 note on person B's doorstep and another in person B's kitchen. None of these were the property of person B, originally.
Who, in this case, would have the best claim to the property found? Why?


texts: In the US, can a senator get a prisoner out?

texts:
In the latest TV series Scandal episode, "Get Out of Jail, Free", Olivia asks Mellie, a senator from Virginia, to release a prisoner imprisoned in Virginia, assuring that this is within her powers. I know this is just a TV series and even she might mean she has powerful friends or non-lawful tricks, but out of curiosity, is that possible or is there anything in US constitution or US law that let a senator get a prisoner out??

FYI, the senator did get two prisoners out, one imprisoned for embezzlement and another one for killing a president's son (and is put in Supermax!)


texts: Could I register a trademark already registered for other classes?

texts:
I am thinking about a trading name but it seems that it is a registered trademark in the UK for the following classes:

Class 9: Computer software and computer programs for use as web service   components of grid computing architecture and the aforesaid goods supplied from the Internet or from an on-line database; electronic downloadable publications relating to the aforesaid goods provided on-line from a computer database or the Internet.
Class 16: Printed matter; printed publications; paper articles being in the form of reports and manuals; books; periodicals; journals; magazines; manuals; newsletters; instructional and teaching materials (other than apparatus); all the aforesaid relating to computing, computer programming and computer architecture.
Class 41: Provision of educational, instructional and teaching courses; education and instruction courses provided from a computer network or the Internet; provision of training workshops; conducting, organising and arranging conferences, seminars and exhibitions; library services; provision of education services relating to computer software education provided from a database, computer network or via the Internet; production and rental of instructional materials; providing on-line electronic publications (not downloadable); publication of texts, books, pamphlets, magazines and of electronic books and journals on-line; provision of information, consultancy and advisory services relating to any of the aforesaid services.
Class 42: Research and development services; technical research; technical research and development services in the fields of computing and computer programming, information and knowledge systems; consultancy and research services in the fields of computing; leasing of access time to computer systems; information services relating to computers, computer programming and computer software; provision of websites relating to any of the aforesaid services; information provided on-line from a computer database or from the Internet relating to any of the aforesaid services; computer programming and computer software services; information, consultancy and advisory services relating to any of the aforesaid services.

My company would only do telecommunications (class 38) and not fall into the aforementioned classes from the other trademark.

Can I register the trademark for my specific class and use it?

Also, while we wouldn't sell the services to the general public, we would obviously do software development in-house for our service, thus clashing with class 9 and possibly class 42. Same with our advertising, which could clash with class 16. Are any of those problematic?

Furthermore, the trademark seems to be registered by an university, and a search on Google yields little relevant results, with only abstract promotional material about some research (which makes little sense as to what actual product they are planning to sell, if any) but no clear product. No official web presence either, only a .org domain that doesn't seem to lead to any active server.

Regards.