texts: GDPR Representatives of controllers or processors not established in the Union - Is this basically a simple mail-forwarding activity?

texts:
Art. 27 of GDPR says that whoever processes data of people located inside the EU (includes storing and deleting in the GDPR definition, with a few exceptions) needs a Representative located inside the EU. This relates to a lot of apps and webpages. The Representative has to answer questions about private data in the name of the processor (who, in this scenario, is not located in the EU), and the Representative is not liable (GDPR says so, but it looks like this is not yet 100% confirmed when you read through various law blogs).
To get such a Representative, one can e.g. rent a service typically for about 100 - 200 EUR per month, and they typically charge another 100 EUR per request (actually, per hour working on a request). This could be quite expensive.
My question is, since to my understanding the Representative just passes requests and answers via mail to the processor (who is outside the EU), couldn't this be any person inside the EU working on much lower cost without real personal risk? The commercial services claim of course that much much work and knowledge is required, but going a few times through the GDPR text, I still see practically a simple mail-forwarding activity as long as the processor provides all required documents in the required form.
Businesses inside the EU don't care about this because they get the requests directly, and do the Representative's job by themselves.


texts: How much of this lease is actually binding?

texts:
Washington state, not Seattle.

I'll start by saying that the situation isn't ideal. It's an efficiency apartment in the basement of my girlfriend co-workers house. Prior to us living there the space was used as an office and work space for a dog grooming business (there is a very small bedroom, bathroom, shower and another room kept constantly locked because they're growing pot in it, supposedly legally.) We are not allowed to have anything in the main entry way because they still come down frequently to tend their marijuana plants and occasionally wash dogs. The lease is for a set duration of time (through the end of July).

They did not provide us with a copy of the lease agreement, although we asked, and my understanding is that any part of a lease that violates tenant law is unenforceable.

From memory, I recall the lease stating that they may enter the unit whenever they wish with or without notice, that although they are permitting us to have our 2 cats, in situations where they need to use the unit for dog washing, the cats are to be confined to the small bedroom. Also that they may, at any point, with our without cause, terminate the lease, at which point we must vacate within 5 days.

The "landlord" isn't exactly the nicest of people, and the floor/ceiling is extremely thin, so every small noise from the main house is heard in our living area, yet we're expected to stay extremely quiet. We constantly hear him shouting and swearing at his young (10 or 11 year old) son and his two large dogs sound like elephants walking around above us.

To put the icing on the cake, today I came home and was immediately greeted with anger because I left the bedroom door open for the cats and they needed to wash a dog, something they told me they were going to do yesterday. While I was trying to apologize for the misunderstanding, the landlord lost his temper, swearing and shouting at me to "shut my f***** mouth", then proceeded to threaten to "knock my b**** a** out" and ended by telling me that I needed to "get the f*** out, but my girlfriend could stay". Through all of this, I was denied entry to my living area because the landlord's girlfriend was washing a large and unfriendly dog.

I'm very sorry for the long winded post. I will update once I get a copy of the lease that we didn't have a choice but to sign, for fear of not having a place to live. What I really want to know is how much of this is cause for me to go for a legal approach? As far as the growing marijuana, this is Washington and he claims that he has his medical growing license, but also consistently demonstrates fear of drawing attention to the house, the reason being that he's growing pot.


texts: We moved out two months early and still have a lease with the property I just found out this morning that the landlord has been living there

texts: We moved out two months early, we were fully prepared to keep paying the rent even though we aren’t living there because of the lease. He told us if we could find somebody to take over the lease that we wouldn’t have to pay the rent but I could not find anyone. We are responsible for lawn care so I have my dad go over there and mow the lawn for us I just got a call from him this morning saying someone has been living at the house. I sent him a picture of my landlords business card and I asked him if that’s the guy he saw living at the house. Turns out the landlord has been living there for a week. Is this allowed? Am I still expected to pay rent if he is living there?


texts: At what point is a lawyer's actions considered "bad faith" and is there recourse for punishment?

texts:
I have been dealing with a lawyer for a payment dispute with an old employer. The lawyer in question has been doing some questionable things and I am not sure which ones would be considered 'over the line.'

Example:
The lawyer set up a call with me to negotiate a pay settlement on some pending deals I had with old employer. I was told (by employer), verbally and in text/email messages that I "would be paid when the deals closed." The lawyer and I had a phone discussion where he said the same thing and he also tried to negotiate my % of the payment down from 30% to 15%.  A month later, in writing, he claims I am "owed nothing" on the deals in progress.

So, I have been told I would get paid, by the employer and then the lawyer as well. The lawyer then tried to negotiate with me on the payment amount...and now has changed his tune to "you are owed nothing." Is this kosher? If there is evidence of him doing this, is there some kind of ethical violation here? Would that evidence, in support of my case, be a serious issue for the lawyer should we go to court?

There was a separate occasion where I asked the lawyer if he had discussed these matters with anyone else. I know that he has, as I am still friendly with an employee that the lawyer spoke to about these matters. He flat out told me that he "had not discussed it with anyone else" nor would he.

What would be the sensible way to use this information to my advantage while trying to resolve these matters with having to bring suit and go to court? Is there anything that this lawyer should fear, if his unethical behavior was brought to light, either in court or to a bar association? Thanks for any help.


texts: Will my employers contract hold up in court?

texts:
When I started a new job back in July of 2017, I signed a contract that had the following bindings or restrictions if I was ever to leave the company:

Cannot work for a competitor within 25 miles of current companies location for the next two years
Cannot offer my services to any organization within 25 miles of current companies location for the next two years

Now, when mentioned “my services” this can be related to my profession of website design.

This contract seems incredibly binding, 2 years in length, and I’m looking to see if it would actually hold up in an Arizona court.


texts: Can a judge remove the requirement of a jury?

texts:
From the song The Trial by Pink Floyd

The evidence before the court is incontrovertible
There's no need for the jury to retire

I know I shouldn't read too much into a song (which takes place in the mind of the protagonist), and I also know that "showing feelings of an almost human nature" is not a real crime, but I'd like to know if it has a little basis in reality. Is it legal for a judge to simply decide on a verdict because s/he decides the evidence is so strong that the jury (who have already sat through the case) isn't required?


texts: Can a game publisher restrict distributing homebrew cards?

texts:
Looney Labs' website contains the following (excerpted here; much longer there):

  Q: Can I make copies of my home-brewed Fluxx (or Chrono, or Nano, etc.) deck to give free to my friends?

  A: Short answer, NO.

  Looney Labs is the exclusive publisher of games that use the Fluxx engine, for which privilege we pay royalties to designer Andrew Looney. Fluxx is our most important brand, and it is simply not in the best interests of Looney Labs to permit competing entities to distribute copies of a game based on Fluxx (no matter how small the production run nor how unique the theme) to others in the marketplace.

Obviously, if you use their Fluxx Blanxx templates to make your cards, then they can enforce that because those templates are copyrighted. But they don't say "not if you use our templates"; they just say "no". Does that carry any real legal weight, though? If you make cards from scratch without their templates, what claim do they have over them? Is the "Fluxx engine" actually something that needs to be licensed? The two things that come to my mind are copyrights and patents, but I'm under the impression that game mechanics aren't copyrightable, and the game was released in 1996, so even if it were validly patented, it would have expired by now.


texts:
So I have a school assignment to make an advertisement video. I did a Wacom tablet advertisement.

Can I post it online for a portfolio and sharing, or might it be a copyright infringement?


texts: s 4(3) Theft Act 1968 — Why is picking wild produce on another person's land not theft?

texts:
I don't understand this law. Surmise that a wild berry shrub grows on my back yard that's unfenced. I don't cultivate it or do anything – no watering. I invite my piano student to my house  – thus no trespassing  – no watering, and he picks berries from it.

Why does s 4(3) count this out as theft? Isn't it more reasonable for berries to  belong me  – they're growing on my land!?!?!

Herring, Criminal Law: Text, Cases, and Materials (8 edn, 2018). pp 492-493


texts: Is it legal for the military to shoot down a plane that is going to crash?

texts:
In a few cases pilots have been rendered unconcious or killed and their planes have flown on as 'ghost' planes.

So imagining a situation where the pilots of an airliner suddenly die and the passengers are unable to break their way into the cockpit, but this plane is on a direct collision course for a major place like Times Square or the Whitehouse.

Is it possible for the military to legally shoot down a plane over a rural area before it reaches a location where it will kill possibly hundreds?


texts: Legality of forcibly overthrowing the government of New Hampshire

texts:
The constitution of the state of New Hampshire recognizes a "right of revolution".

Has anyone used Article 10 as the legal justification for something they have done? In how many cases has it been successfully so used, and in how many unsuccessfully? What happened?

  [Art.] 10. [Right of Revolution.] Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.


texts: Are Police legally allowed to confiscate a Camera and Phone over "suspicious activity"?

texts:
A photographer is recording from a public sidewalk when he is confronted by Police. He refused to give his information because he had committed no crime.  The Police then tried to claim that he was loitering in order to arrest him. Under threat of arrest, he gave his name and information to the Police. Afterwards the Police confiscated his camera and phone under "suspicious activity".

Did the Police act legally when they confiscated his property?
Since the photographer was conducting a 1st amendment protected activity. Could he have been charged with loitering?

Here is the video for reference: https://www.youtube.com/watch?v=OWOtUDf0elQ


texts: Is it "reasonable" to discriminate on the basis of "experience" in employment (anti-discrimination law)

texts:
Anti-discrimination statutes in most Western jurisdictions prohibit a broad range of age discrimination in employment.  So far as I can see, most statutes of this kind draw a distinction between direct age discrimination, and indirect age discrimination, where the latter involves discriminating on the grounds of a condition, requirement or practice that disadvantages people of a certain age.  In the latter case, this is prohibited unless the use of that condition, requirement or practice is "reasonable", and the onus of proof for this is on the discriminator.  This is the position in Australian anti-discrimination law (see e.g., Age Discrimination Act 2004 (Cth), s. 15).

So, an obvious case that would arise a lot in employment decisions is to prefer a candidate that has more experience in the field of employment under consideration.  Experience is a characteristic that is clearly related to age, so this could give rise to a claim of indirect age discrimination.  My hunch is that this would usually be regarded as a reasonable practice, and no special evidence would be required to convince the court that a preference for experienced workers is "reasonable".  However, I am not sure if that is the case in terms of the actual case law.  In particular, would it be sufficient for a discriminator to ask the court to take judicial notice of the general fact that, ceteris paribus, more experience in a field of employment generally makes you more competent in that field.  Would that be sufficient, or would a defendent be expected to put forward some more specific evidence of this?  One the one hand, the discriminator bears the onus of proof, but on the other hand, the link between experience and competence is so general and well-known that it would seem to be something where mere judicial notice might be sufficient.

Question: Has there been any case law (in Australia) setting out the requirements of proof to show that discrimination on the basis of "experience" in employment is reasonable (or unreasonable)?


texts: Is it possible to discriminate in hiring if you never advertise?

texts:
Small businesses often just hire people they know and trust, which just seems like sensible risk mitigation.

But what about if the business keeps growing this way (above "small business" thresholds)? e.g. The owner only hiring people he discovers, and after that's infeasible, his highest trusted managers.
I'm thinking of situations where you come to understand the skills somebody has and you say "Hey! You'd be really good at helping out with X work. You want a job?". You already know the person is timely, respectful, "fits the culture" etc.

To say another way: the business never advertises, but instead only invites individuals to work for them. It could even include a non-discriminatory screening interview to check suitability for the business' goals.

I can't find any information in any jurisdiction about discrimination related to selecting individuals for employment and "creating a role to fit"

Added later: I think it helps if you let go of capitalism and the idea that an organisation's purpose would be to maximise it's profits by generating valuable goods.
Think instead of an organisation that was founded with charitable intent and the business' value creation is of a more intangible manner: behavioural / relational / mental / spiritual.
Imagine a Third World charity requiring personal alignment / investment: sponsoring a child perhaps.
Or an anti-depression organisation requiring everybody to be kind and sensitive - even for less visible/interactive jobs like lawyers and accountants.

I'm pretty sure these criteria would be discriminatory in a advertised position.

I happen to be in New Zealand, but this really is theoretical.


texts: If an apartment complex has a no smoking rule and says "you cannot smoke on our property, including the public side walks surrounding the building or you will be fined" How can they enforce that against members of the public who smoke in public? Can they enforce it against tenants if it is part of the lease agreement?


texts:
What requirements should I meet to start a bank in USA?

What are the requirements in other countries?


texts: speeding ticket while in bunch of other drivers/cars

texts: Is there any legal defenses if you are on the highway and a cop pulls you over and gives you a speeding ticket while going the same speed as surrounding traffic? It seems dangerous to goo too slow so I was thinking maybe Quod est necessarium est licitum?


texts:
As a hypothetical question: A driver crashes his or her car and anticipates that the police will eventually come and conduct a field sobriety test. The driver then, after the crash has occurred and before the police have arrived, goes to a bar and consumes alcohol. The police eventually do arrive at the scene and do conduct a field sobriety test and find the driver to be under the influence.

Will the police be able to use the results of this test to persecute the driver even if they cannot prove that the driver was under the influence when he or she was driving (since the driver can prove that he or she got intoxicated after the crash had occurred)?

Just a legal shower thought I had, curious as to something like this would be resolved.


texts: Who is the Controller and who is the Processor if Company X hosts/embeds content of Company Y

texts:
Let's say we have two companies "WeServe" and "OurContent" and the following relationships, who is the Controller and who is the Processor or are they Joint Controllers (Art. 26 GDPR) or is there another kind of relationship or none at all?

The most common case, ourcontent.com is hosted by WeServe. OurContent is the Controller and WeServe the Processor, OurContent has a Privacy Policy and needs a DPA from WeServe
ourcontent.weserve.com or weserve.com/ourcontent with 100% of the content provided by OurContent. Still the same as #1, apart from WeServe being visible in the url, I suppose.
OurContent uploads content to WeServe and is part of some page of WeServe and it may not be obvious content is provided by OurContent and OurContent does not access or process any user data.
OurContent uploads content to WeServe and is part of some page of WeServe but processes some user data on its own.
WeServe crawls the internet and copies and hosts content of OurContent that processes some user data. OurContent doesn't necessarily mind this and may even see this as beneficiary. (similar to the wayback machine of archive.org)
OurContent provides a url to WeServe which will be embedded in an iframe as part of a page of WeServe.
WeServe embeds pages of OurContent in an iframe in its own pages. (e.g. Google Translate).

If WeServe and OurContent are Joint Controllers, is it sufficient if both of them have their own privacy policy with a contact point for data subjects or do they need an extra arrangement that combines both privacy policies in an appropriate way?


texts: Correct Bluebook Citation for unpublished U.S. Supreme Court denial of writ of certiorari

texts:
I am trying to determine the correct Bluebook citation (footnote - law review article) for a recent U.S. Supreme Court denial of certiorari in which Justice Sotomayor wrote a 'Statement' and Justice Gorsuch dissented.

My best guess for each:

Mathis v. McDonald, 834 F. 3d 1347 (2016) (denial of hearing en banc), cert. denied, Mathis v. Shulkin, No. 16-677 (Sotomayor, J., statement) (June 26, 2017)

Mathis v. McDonald, 834 F. 3d 1347 (2016) (denial of hearing en banc), cert. denied, Mathis v. Shulkin, No. 16-677 (Gorsuch, J., dissenting) (June 26, 2017)

Questions:

1) Should I have "slip op." in there somewhere, perhaps:

Mathis v. McDonald, 834 F. 3d 1347 (2016) (denial of hearing en banc), cert. denied, Mathis v. Shulkin, No. 16-677, slip op. (U.S., Sotomayor, J., statement) (June 26, 2017)

2) According to Bluebook (I have the 20th edition, which I think is the most recent) in Table 7, the abbreviation for the U.S. Supreme Court is "U.S." - That is also the abbreviation for United States Reports, which I guess is okay, but I'm not sure.

3) Should I include the United States Reports volume and preliminary print part number in which the case will appear? - It is 582/2 according to the Supreme Court website, under Opinions Relating to Orders - 2016. I'm thinking not, since it will eventually be a page number (not a part number) that specifies the case, e.g., 582 U.S. xxx (2017).

4) The Secretary of Veterans Affairs was McDonald in 2016 when the decision to not hear the case en banc was made by the Federal Circuit, therefore the case citation for that decision is: Mathis v. McDonald, 834 F. 3d 1347 (2016).

But by the time the Supreme Court entertained the writ of certiorari, Shulkin was the Secretary, thus the change in case name.

Many thanks for any insights y'all can share. :O)

Mark


texts: How to acquire copyright for Digimon franchise?

texts:
I'm not sure if this is the correct exchange to ask but hopefully it is.

Now if I want to acquire Digimon franchise copyright (Correct the term for me if I'm mistaken) for example for my Smartphone apps or Art.

Now what I know is if I want to make iMessage Sticker app on iOS for Digimon for example, I can get an artist who can draw the Digimons, but if I uploaded that app on App Store with Digimon name will be rejected without copyrights.

So I searched for who own Digimon Franchise on the web and actually it was a bit complex, I found that Bandai has the right to create Games, Toei animations has the right to create Anime, and I found also that Saban Brands bought Digimon Franchise a while ago, then Walt Disney acquired Saban Brands.

Who is the responsible for a request like mine, So I can contact them ?
Can any developer ask for their permission for copyrights ?

Correct me if any info provided is wrong or outdated.

Thanks in advance.


texts: Why was the data retention period for auditable records in Sarbanes-Oxley chosen as 7 years?

texts: In Sarbanes-Oxley, does anyone know why the figure of 7 years was chosen as the data retention period (and not, say, 6 or 8 years)?


texts: Do any states provide legal authority for administrative agents to perform official state actions when they are "not working"?

texts:
Context: A state OSHA compliance officer drives onto private property in an unmarked vehicle, exits their vehicle, announces "who's in charge?", then states that they are "not working"; that they just happened to be driving by, and that they decided to stop and perform an inspection.

Questions:

Do any states provide legal authority by statute for an OSHA compliance officer to inspect a site when they are in their own words "not working"? Can any statutes, administrative regulations, judicial decisions be cited as authority for an OSHA compliance officer to perform official state actions when they are not official on duty or assignment; "not working"?
What is the test to determine if an individual is acting in their official capacity or acting in their individual capacity? Is an individual who identifies themselves as an agent of the state who in their own words is "not working" at that moment a private citizen acting as an individual and not acting in their official capacity as an agent of the state?
What is the legal "bright line" for state administrative agency employment as to acting in their official capacity as an agent of the state? Do administrative agency employees act in the official capacity of an agent of the state when they are not officially on duty? When does the work day officially conclude for a state administrative worker?


texts: Do I need a physical address to get a driver's license?

texts: I'm currently homeless and need a license for work. I do not want to go to a shelter or request help from friends or family. Yet, the local DMV will not let me apply for a driver's license without an address. Is there any way around this?


texts: Retroactive Copyright Registration Versions Original and Derived Works

texts:
I want to register a software package with the US copyright office but it is not new. There are many versions. What versions should I register? Should I register the very first version as the original work and then select versions as derived works?
For example, let's say there are versions like:
1.0.0
1.0.1
1.0.2
...
1.0.88
1.1.0
1.1.1
...
1.1.46
2.0.0
2.0.1
...
2.0.26 (current)

and so on. Should I register 1.0.0 as the original work and the current version (2.0.26) as a derived work for a total of only two versions?
What if I want to file suit for infringement regarding 1.1.22? Is that version covered if I only register 1.0.0 and 2.0.26 in my example?
Note: I know this question was asked before to some extent but it was not actually answered.


texts: How will GPDR effect the use of peoples names as unique identifiers?

texts:
I'm a network admin at work, and in some circumstances peoples names as used as identifiers for rules, maybe for DHCP, or firewall rules to explain why a rule exists.

'Bob McBobberson needs access to X,Y,Z'

Everything I've seen on GPDR says that Bob may have the right to request to have information about him deleted, however a rule such as this isn't information about Bob, it's information for allowing Bob to do his job. Would this be included in the kind of information that we would have to provide to Bob if he wanted to 'export' his data under the description that GPDR gives?

If so, is any exclusion made for when said data could actually cause a security issue for the exporter? Can parts be censored or left out, as required, to make sure it doesn't fall foul of revealing information about the company which should be kept secret?

What if Bob demanded to export his 'secret' key, which is used to encrypt sensitive business data, because his key is named after him? bob.key ?


texts: When did beating your child as a form of discipline become illegal in North America?

texts:
I was reading about how Michael Jackson's father used to beat him when he messed up practising a performance. When did beating your child become illegal? Or was it always and now it is just more strictly enforced? Is spanking a child technically legal?

A man I knew, who fought in World War 2, once boasted about how well behaved his children were growing up. He said that only once one threw a tantrum and it was in a store and he "swiftly pulled down his pants, hit him a few times, pulled up his pants and carried on." Is this illegal?

EDIT: what about how it was done in public?


texts: Why could the ‘but for’ tests swallow up virtually all duty-defining clauses?

texts:
Mindy Chen-Wishart. Contract Law (2018 6 edn). p  432.

Kindly can someone expatiate the

red underline?
green underline?
In the green underline, what do 'the parties' normative rights and obligations' mean?

Lord Templeman. Smith v Eric S. Bush (1989) 21 H.L.R. 424. p. 444.

  I read these provisions as introducing a 'but for' test in relation to the notice excluding liability. They indicate that the existence of the common law duty to take reasonable care, referred to in section 1(1)(b), is to be judged by considering whether it would exist 'but for' the notice excluding liability.


texts: Are there only two, or are there three, forms of conventional involuntary servitude in the antebellum U.S.A.?

texts:
In 1865 the 13th Amendment provided that neither slavery nor involuntary servitude, except as punishment for a crime, shall exist in the United States. I have heard it said that slavery and indentured servitude are the two forms of servitude that were abolished. However, a commonplace practice was that parents signed up their 12- or 13- or 14-year-old son as an apprentice to a tradesman, and such an apprentice was forbidden to resign. If he left his master, the master would advertise in newspapers that whoever found him should arrest him and return him to his master, and the master would sue anyone who employed his "runaway apprentice" (google that term!) and the court would award damages.

Was that kind of apprenticeship also abolished by the 13th Amendment?


texts: Is it illegal to lie and say you're under an NDA?

texts:
Is lying about being under a non-disclosure agreement illegal?
Imagine that A manages a bunch of gaming servers online, and B keeps bugging A for information that A does not want to disclose. If A lies and says he's under an NDA, has he violated the law?


texts: How do i refer to a trademark I don't own without infringing on it?

texts:
Say, for example, I have created a product which is compatible with a specific existing technology. Like an Apple iPhone case.

I would like to tell the user that my new case can be used with their apple device. How do name my device such that it doesn't infringe on the apple trademark but still tells the user what it is?

For example, can I name my case as an "Apple iPhone Case", or would that be trademark infringement? If not, what is allowed?


texts: What happens if open source software infringes existing patent?

texts:
What happens if an open source software is released globally and it violates a patent? I found an interesting answer on MetaFilter and would like to know if it is considered to be correct by local community. The answer says in short that theoretically a patent infringement exists but in reality the open source project won't be sued for various reasons at least as long as no commercial entity uses the software to make profit from it.

Can a distribution and usage model be found that "works around" current patent legislature for example by making the developers anonymous or by using largely anonymous distribution channel (for example P2P sharing - like bittorrent). I know nothing can really be 100% anonymous and for example the music industry is able to take legal action against torrent trackers (have them shut down), but it probably goes back to how strong is the patent holder and if there is an asset to be gained from a possible judgment.

An example case for such patent violation may be writing software that works as a driver assist the same way as is already patented. By a work around I mean a form of distribution what the end user would play a large role since the end user crowd is probably the hardest to sue by the patent holder. The end user would download the software to the car by him/herself.


texts: Does revealing the owner of an anonymous forum account breach GDPR (or other) laws?

texts:
This whole thing is to do with using an IP address to identify an anonymous forum account and then sharing details of the ownership of this account with another member.
I will explain the best I can:
I'm a creative professional and frequent a forum dedicated to my industry. On the forum I have 2 accounts — one 'official' account under the name of my company, used to make official announcements etc, and a personal account under an anonymous username.
On the forum I had a discussion about a competitor company and made some personal comments about what I think about them. It's a small industry and the competitor company is very influential, so I wanted to keep these comments separate from my official company account and posted them from my anonymous personal account.
Weirdly (and this is what seems questionable to me) the forum owner has figured out that my personal account is linked to my professional account since they share an IP address, and has shared this info with my competitor. (As far as I know the competitor has a relationship with the forum owner because they advertise there regularly.)
Now my competitor knows that the anonymous account belongs to my company and can see my posts about them. The whole thing has caused a stir for me professionally since they are interpreting these comments as the official views of my company.
It seems like some law must have been breached during the sharing of this information? Does anyone have any insight?
I don't necessarily even want to do anything about this, but am just interested in the legality around it.


texts: What happens if the cabinet does not want to trigger the 25th amendment even though the President is in a coma?

texts:
This is a hypothetical.  Let's say Trump's cabinet has not resigned yet.  Joe Biden is sworn in and, overwhelmed by the emotions, he has a stroke and can't move or speak, or he is in a coma, but he is alive.
The cabinet does not want to hand over the power to Harris and so they turn down the vote to trigger the 25th Amendment.  Who is in charge?  Who makes executive decisions?  No one but the President can fire principal officers.  So they cannot be fired, but they can be impeached.  Let's say the impeachment fails in the Senate because the Senate does not want to give power to Harris, either.


texts: Why are state income taxes not a violation of Section 9 of the Constitution?

texts:
A naive reading of Article I, Section 9 of the Constitution would seem to suggest that income taxes, which is the same thing as a "captitation" tax, a tax on a person, are not allowed:

  No Capitation, or other direct, Tax shall be laid, unless in
  Proportion to the Census or Enumeration herein before directed to be
  taken

The XVI Ammendment created an exception to this rule, but only for Congress, not for the several states.

How is it that states can legally impose income taxes?


texts: How is it possible for millions to use pirated software at home and never get arrested?

texts:
It's not like talking about using weeds that you tell your friends about but you don't go in public shouting about it. Instead people go to online forums sometimes posting with their real names- bragging about using pirated software.

What is exactly stopping the police from having them arrested?


texts: Early morning parking enforcement without signage in California

texts:
I recently moved to Glendora, CA which has an early morning parking prohibition. I was unaware of this until I got a ticket.
Where I got the ticket is a typical suburban street, no posted signs or curb markings indicate this is a restricted parking area.
I saw CA 22500.2(b) which requires signs for local authorities to "post signs that delineate the area specified".
Since the area is not clearly marked, can this ticket be enforced? Are there any CA laws specifying how close the posted signs need to be to the parking area?


texts: What U.S. Constitutional or statutory authority gives Congress the right to pre-empt state law?

texts:
There are many cases where a federal law is passed that includes language that pre-empts state laws that are stronger (or weaker, depending).

Under what authority is this allowed?


texts: If HOA fees are not yet due at closing are the fees the responsibility of the buyer?


texts: Is it legal for me to prototype simulated gambling software in England?

texts:
I am a programmer in England, and am potentially interested in one day working to open a licensed online casino.

I have several ideas about products I would like to work on, but am a bit confused as to the reach of s(41) of the Gambling Act 2005. This section reads:

  A person commits an offence if in the course of a business he
  manufactures, supplies, installs or adapts gambling software unless he
  acts in accordance with an operating licence.

Meanwhile, "gambling software" is merely defined as:

  computer software for use in connection with remote gambling.

In the Gambling Commission's guidance, they say:

  The activities of manufacturing and adapting are similar and
  relatively straight forward in that both activities involve developing
  gambling software to produce a finalised (or almost finalised) product
  [...]

If I as an individual (not a business) were to prototype software ideas I have, one day seeking to use them in a licensed/published operation, would this be a violation of the Act? Such prototypes for idea purposes would not be set up to accept actual money.

In other words, would my intention to adapt the software in the future to work with real-cash (once I have the funds to get relevant licensing) prohibit me from manufacturing a simulated version of what I would like to produce?


texts: Legal to use Alexa in childcare setting without permission?

texts:
This is in the UK.
For anyone who might not know, Alexa is an AI voice command application often attached to other devices. It lets people issue demands for things like music, or ask it questions, such as, "Who was the first man on the moon?"
In its default mode, it constantly listens and records. These recordings are apparently only kept when the wake word is used. The voice recording of some time prior to the wake word, plus the command issued, is sent to the cloud so it can be deciphered and turned into something the device can process. Example: "Play [song title]."
Questions:

In a childcare setting, is it legal for Alexa to constantly be
listening around the children?

In a childcare setting, is it legal for voice recordings of commands
the children give Alexa to be made in the first place, and then sent
to the cloud?

This is under the assumption the parent/guardian has not been made aware of Alexa being in the setting, or that it is being used with the children. No permission has been given.
I know the law on voice recordings is difficult to pin down, and I couldn't find anything pertaining specifically to Alexa, so I wondered if anyone here might know.


texts: Legality of current salary question: which state's law applies

texts:
Some US cities and states have made it illegal to ask about a candidate's current salary. https://www.businessinsider.com/places-where-salary-question-banned-us-2017-10

However, in each interview situation multiple states can be involved, so I'm wondering how to determine which law(s) apply here. Options are

Residence state of candidate and/or interviewer
Headquarter state of the company
State where the company is incorporated (mostly Delaware these days)
State where the interview takes place (could be two, if it's a phone or video call)
Location of work place (often not known during exploratory phase)

The last one seems like a reasonably choice, but it many cases it's not been determined yet.  For example, my current employer has offices in multiple states and we leave it up to the candidate to pick the location they like best. That happens fairly late in the game and sometimes only after the offer has been signed, so any salary negotiation would happen before that.

Another example: if it's a Work Remotely gig: Is it the candidate's resident state or the nearest company location, where you need to show up once a month?

Related: Will New York City's new law prohibiting questions about salary history protect residents who are applying for jobs outside the city? gives a partial answer but is less comprehensive.

Also related: Statutory Rape: Which State's Laws Apply?. This one concludes "state is determined by the location of the offense". If we apply the same logic here, we'd get "physical location of the interviewer at time of interview". Which would mean that an interviewer from New York (here it's illegal) could just drive over the river and make the phone call from New Jersey (where it's legal).


texts: Can a jury always convict on a lesser included charge?

texts:
There is a question on movie stack exchange regarding the Few good men movie (spoilers) regarding why some people were not found guilty of first degree murder but only of a factually fully different crime. The currently accepted answer points out that in the case in question the defendants didn't commit first degree murder due to there not being premeditation nor was the death even intentional. Thus they could not be convicted of murder one and the jury acquitted.

I've already heard this kind of argument before regarding for example the Zimmerman case. But looking at lesser included offenses it would seem the jury is allowed to convict on those rather than just the offense charged. Actually in the case of murder it seems that the court must instruct juries that they can find for a lesser included offense.

So the question is sort of two fold:

If the jury is not instructed that they can find for a lesser included offense can they do it anyway if they understand it on their own?

How can there be issues with overcharging in murder trials if the jury must be instructed about the lesser included offenses?

EDIT
 With regards to jurisdiction multiple US would be great (federal, couple state) but for choice lets say Florida.


texts:
Scenario (see mostly accurate diagram below):

normal road with traffic lights for cars (horizontal)
no traffic lights for cars (vertical)
horizontal traffic lights are red (cars stopped)
cars going up (vertical) or going down (vertical) and no cars turning up from horizontal lane (ie safe to cross)
no pedestrian lights (horizontal)
pedestrian lights (vertical)
location: Canada

Question:

Can I legally cross (and not be considered jaywalking) in the scenario if I am at the top right and want to go to the top left? (circled woman in diagram, assume cyclist is not there)


texts: Is it ever doctor's responsibility to ensure insurance coverage for services received? California

texts:
If patient before appointment gives explicit instructions to doctor to proceed with appointment only if patient's insurance would fully cover appointment; and then doctor in writing confirms that appointment would be fully covered because it will fall under "routine checkup" category. However after appointment doctor invoices patient for full amount, because insurance did not cover appointment at all as doctor reported that appointment to insurance under "radiology services" that are only covered once high deductible is met.
Is doctor in this case entitled to receive payment for remaining balance from patient? Are there statutes regulating these kind of situations in state of California?
Obviously, nor patient, nor insurance company have any idea how appointment would be reported by doctor to health insurance company. Only doctor knows this. So it seems that burden of ensuring coverage should fall on doctor.


texts:
A minor's ability to contract at face-value is straight forward, any contract with a minor that is not for necessities (food, medicine, clothing, and lodging), and was not approved by the parents/guardian, can be dis-affirmed by the minor as long as its before they become the age of majority.

But how does Facebook handle their agreements with minors?

Facebook, a social networking site that allows minors thirteen years of age or older to use their site without parental supervision (in compliance with COPPA); Facebook receives it's revenue from collecting personal information about its users and targeting the user with ads that might line up with their values or interests. Although Facebook is in compliance with COPPA, it still holds agreements with individuals that have not yet reached the age of majority, and uses their information for things like "testing" and "research".

Can Facebook legally conduct these "research and testing" activities with minors and their accounts if the contracts(TOS) with Facebook's users that aren't the age of majority are considered voidable/unenforceable?

UPDATE

It seems as though Google, YoutTube, and other large tech companies (e.g. tiktok) have been found in violation of COPPA, with this new information can FaceBook conduct their "research and testing" with minors information without violating COPPA.


texts: Does this district bylaw prohibit staff talking with the press about the school buildings themselves?

texts:
Does this district bylaw prohibit staff from discussing the building itself with the press, or prohibit staff from providing the press with photos or videos of the building itself? (that is, with no people or individually identifiable information in the picture at all)
This is a district that is having air quality issues, and some on the staff are under the impression that sharing anything with the press (photos of classrooms with dust and debris, for example) will be a violation of their contract or district policy in some way.
Of course, the district could still retaliate, but that’s outside the scope of this question.
Can staff speak with the press about, or share photos of the inside of the building, as long as no people are visible in the photos at all? Is this in any way a violation of the below policy?
I understand that the lawn as a whole maybe unconstitutional, because it may violate the First Amendment. So this is a two part question:

Is the bylaw now in void as a whole?
Assuming that it is Indeed constitutional, does the wording of this particular bylaw forbid the sharing of pictures of the building itself?

District Policy
9400- NEWS MEDIA RELATIONS
Section: Community
Date Created: October, 2008
Date Edited: October, 2008
Representatives of the local newspapers and radio and television stations are an important link in the communications chain between the school district and the community it serves. The maintenance of a good working relationship with members of the media is essential to meeting the objectives of the district's school and community relations program.
The Board of Education must give formal approval to all basic practices governing relations between news media and the district and reserves the right to negotiate, on terms most favorable to the district, for the radio broadcasting, televising, filming, or  sound recording of any school event by an outside agency.
The Superintendent shall be the chief communications representative of the Board. He/she shall be readily available to media representatives, provide media representatives with all appropriate and necessary information, suggest or supply feature articles or stories, prepare "press kits," assist school and parent organizations with press relations, meet periodically with media representatives, and protect school personnel from any unnecessary demands on their time by news media representatives.
The Superintendent (chief communications representative) must approve in advance interviews between staff members or pupils and media representatives and authorize the release of photographs, video or digital images of district subjects, personnel, or pupils. Photographs, video or digital images of disabled children shall not be disseminated or used in print or media in any way if they are identified as disabled unless permission is granted by the parent(s) or legal guardian(s). Photographs, video or digital images of children placed in the district by DYFS shall not be published without the permission of the Division case worker. Where the release of a photograph may violate the privacy of a pupil or staff member, the Superintendent (chief communications representative) must first secure the written permission of the staff member or the pupil's parent(s) or legal guardian(s).
Cross reference: Policy
Guide Nos. 0146, 0162   Adopted:  October 16, 2008


texts: Violating trespass warning - arrest after the fact?

texts: If you have a trespass warning and visit the place but are not arrested, can you be charged later from video evidence or a credit card transaction?


texts: What is the legal basis of speed signs in Victoria, Australia?

texts:
When I went for my driver's licence test, they told me to follow the speed signs on the side of the road.

What law requires me to obey these signs, and what law authorises whoever puts the signs there to do so?


texts: How notary documents are kept when the notary passes on

texts:
In thinking about notaries, I'm wondering what happens when they pass on. My understanding basically is that a notary is an unbiased 3rd party that observes a transaction and creates some legal documentation about it or a legal document of some sort, and then "stores that at their office". It sounds like they are independent contractors or lawyer-like people who work for themselves. It looks like you need to be certified as well.

Given that, I'm wondering what happens if the notary passes on. I wonder who is in charge of their documents, the ones where they were the third party. Say Google and Space X had a notary called Foo Bar, and then Foo Bar passes on. I wonder if there is some state-structured system for passing their notarized docs to some other notary to take over, so Google and Space X would have some sort of guarantee that they would always have some notary to vouch for their contract for as long as the companies were in existence. Wondering what the protocol is here. It's not as if the notary's documents get dispersed to their children, or passed on to people according to an arbitrary will. I would imagine they'd need to be part of a highly structured system so that there is a chain of notaries that is unbroken and that is known to always be legally valid or something like that.


texts: False advertising against seller's interest

texts: 15 USC 52 makes it illegal to disseminate a false advertisement. There are similar laws in each state. In every case that I am aware of successful false advertising charges, the false statement works to the advantage of the seller, making the product falsely appear better than it is. By the letter of the law (at least the federal law), a false statement that makes your product appear worse than it actually is would also be actionable false advertising. Is there any case in the US (any jurisdiction) where an advertising statement was false but against the seller's interest, and the prosecution was successful? Alternatively, is there any precedent for the notion that a false advertising claim against seller's interest is not unlawful. (Note that my question is not limited to that specific piece of US code, it is about all such laws, including RCW 9.04.010 which makes false advertising a crime)


texts:
Under the Doctrine of Merger a vested or possessory life estate merges into the next vested future interest in fee simple (whether a reversion or a vested remainder) when both are held by the same person (unless they were created in the same document).

Above is a quote from my property law textbook. I am confused by what it is trying to tell me. I know what a vested interest is (it is vested because the recipient is already ascertained or at least one member of the category of recipient is ascertained in the case of Vested Remainder Subject to Open) and I know that possessory is what a vested interest is guaranteed to become (unless we are talking about Vested Remainder Subject to Complete Divestment or Contingent Remainder). By next vested future interest in fee simple I assume it means a fee simple that is currently a reversionary or vested remainder interest but I am really not sure.

Help me piece this together and correct me wherever I am wrong. Providing examples could also be helpful.

It appears that Doctrine of Merger is something that appears in other areas of law too. I am only interested in an explanation of doctrine of merger solely within the context of the quoted material above.


texts: Can companies add their own age restrictions to sales?

texts: In recent days, two very large companies have decided to require that gun buyers be at least 21 years of age [Reuters]. I understand that the government can add age restrictions to sale of certain items. However, can an individual company elect to do so if it is not legally required? Doesn't that amount to age discrimination?


texts: Are Canadian provinces and territories administrative divisions, and what is an "adminstrative division"?

texts:
In its current version, Wikipedia's article titled "Quebec" tells us that

  Quebec is Canada's largest province by area and its second-largest administrative division; only the territory of Nunavut is larger.

Thus the ten provinces and three territories are here being considered "adminstrative divisions".

Maybe a year or so ago I was appalled to see this Wikipedia article telling us that states in the United States are administrative divisions of the country, and I changed it.

In the U.S. there were formerly "organized incorporated territories" (and maybe the District of Columbia could still be considered one of those?). These I take to have been administrative divisions of the country. Congress passed an "organic act" for each such territory that said the government in this territory shall be organized in thus-and-such manner. During the existence of such a territory, if it was decided to change the term served by the governor from two years to fours year, or make some other change, the change was enacted by Congress, not by the voters in the territory. The constitution of a state, by contrast, is drafted by politicians in that state and submitted for the approval of the voters, and any changes are made by popular vote; there is no involvement of Congress or anything at the federal level. Thus states are not administrative divisions of the federal government. Counties, in those states where they exist (or parishes in Louisiana or boroughs in Alaska), are administrative divisions of the state.

Thus it seems appropriate that in the U.S., states get "admitted" by Congress whereas territories get "organized" by Congress. However, in Canada, if I'm not mistaken, both provinces and territories get "admitted".

So

Is this understanding of the concept of "administrative division" right?
Is the article about Quebec right?


texts: Landlord breach of contract, deposit refund

texts:
I have an issue with my previous landlord which I am not sure how to deal with. I am new in the US (in Los Angeles more specifically) and not familiar with legislation. I rented a room over the internet. The contract was signed over email. The lease term was supposed to start on the 1st of August. When I came here on the 3rd of August I found out that my room was rented to someone else who had a contract until the 15th. The landlord supposedly made a mistake and didnt notice the discrepancy in the lease terms of the two contracts.

After staying for two days in a different room in the same property I moved out and asked for a refund of my deposit (claiming that he breached our contract) and the guy of course didnt give it back. Honestly, the reason I moved out is because I didnt like the guy's attitude at all, and found it hard to believe that he didnt notice the overlap on the contract' terms.

So, my questions are:

How do I legally proceed in order to get my deposit back? Do I need to sue him?

Would it make any sense for me to sue him? or if I do, I might end up paying more money and never getting my deposit back?

Could I make additional claims? So for instance in my home country if a landlord breaches a contract then s/he has to refund twice the amount of the deposit to the tenant. Anything similar here?

Thanks a lot!


texts: Can the landlord force viewing of apartment during lockdown? (England)

texts:
My landlord is considering selling the flat I am currently renting and would like to arrange viewings. However, we are still in a national COVID lockdown, and I do not feel comfortable letting people in and out of the flat (I also work at home).
Can the landlord force the viewings? What are my rights as a tenant?


texts: A company finds out that it has made a material decision based on incorrect personal data, what should it do?

texts:
A company terminates an employee based on what it believes to be a record of the actions of person gained from log files.

Months later the company finds out that this information is not correct.

What actions should the company take?  Thinking employment law, GDPR obligations and ethics.


texts: Sedative Administration by Law Enforcement: Legal Precedents?

texts:
Question: Are the any legal precedents (U.S. legal system) that have firmly addressed the administration and usage of sedatives on apprehended individuals by or at the request of law enforcement ?

To be clear I am asking if any court has established that the administration of sedatives by or at the request of law enforcement is fair game and not in violation of ones right's: state, federal or otherwise. Law enforcement might be broken into two cases. (1) federal law enforcement to include: "Border Patrol,"FBI", Drug Enforcement Agency, and U.S. Marshals. (2) local law enforcement in all of its combinations and permutation.


texts: Can a spouse buy separate property in a community property state?

texts: In Texas (a community property state), is there a way for a person to buy or own property to which to a spouse will have no right?


texts: Leasing terminology in the USA: What is the difference between "Lease Contract" and "Contemplated Lease Contract"?

texts:
A question on the leasing terminology in the USA:

What is the difference between "Lease Contract" and "Contemplated Lease Contract"?


texts: Could there be a trademark infringement if one "slightly" mimicks the end-name of a well known product in the same industry

texts:
Say there is a famous product in the cryptocurrency software industry called "Mixilux".
An ex-employee starts his own business and creates a new product and calls it "Flexilux"
The names are different but the '-xilux' end is the same.
Would there be grounds for a lawsuit in this case?


texts: Is this call from "the Treasury Department" an attempted identity theft?

texts: I got a phone message in which a robotic voice identified itself as the Treasury Department, contacting me about some matter related to my taxes, and saying if I didn't reply I could be arrested.  Is there any chance at all that's legitimate?


texts: How much time is allocated for analyzing case law during a trial

texts:
In a rather simple trial (driving infringement, penal court - NOT criminal), how much time is allocated to each party to analyze each others case law?

Is it expected to be done during the hearing, or is it expected to be done in writing within X days?


texts: Landlord Gave Me 30 Days Notice to Move Out

texts:
My landlord gave me 30 days notice to move out of my room that I am renting as she is selling the house. She told me a couple days in advance (2 days ago) when she gave me the notice. I have a month-to-month verbal lease with her and pay her the 1st of every month. I have found a new place to move into quickly and am moving the 1st of the month. Do I still need to pay my old landlord rent for the room even if she told me that I have 30 days to move out?

I live in California and have been renting for less than a year.


texts: out of print board game - scan of board permitted?

texts:
There is a simple children's board game that is apparently out of print.  May I make a color scan of the board and include it in a scholarly article?

May I include the scan in a blog post?

I want to include a visual and description of the basic game, and then describe variants that help a special learner with basic math skills.

I acquired this game from some second hand store.  It is in English but the box says it was manufactured in Spain in 1985.

The name of the company is "Sallent Hermanos".

What might make this a little tricky is that the board features Disney characters.

The box says copyright-symbol 1985 Disney.  It also displays "Educa".  I tried a search, among other places, at http://www.educaborras.com/ -- nothing coming up anywhere.


texts: Under what circumstances do you have to report the income of your LLC for the state of Michigan and how often?

texts:
Under what circumstances you have to report the income of your LLC and how often in the state of Michigan?

I have a friend with a business license operating an LLC in Michigan and he told me that he doesn't need to report his income because he hasn't had any and that it only applies if you make more than a certain amount of money.

I thought I'd read that you are supposed to report it monthly. He is operating a video game design studio so naturally there would be no income until the game is finished and ready to sell.


texts: If I develop a roll of film bought second-hand, and it contains illegal or copyrighted imagery, would I be held liable?

texts:
I found a roll of camera film in a box of old cameras purchased second-hand at a thrift store. I'm interested in having it developed. However, I'm concerned as to what might happen if there were to be any form of contraband images discovered on the roll of film. Due to it being from a thrift store, I do not have a receipt showing my purchase of it.

Would I be potentially liable if anything illegal were to show up on the film after it was developed? Are there any copyright issues involved in developing film that is not mine?

Would it be better not to risk it and simply dispose of the roll?


texts: Are game shows legal by nature or is there a catch that allows them to be legal?  Are they considered a sweepstakes?  How is one able to give away prizes without it being "gambling?"  Do the game show contestants have to agree to some sort of contract to be involved?  Is it a state by state issue?


texts: French copyright law for posthumous works (a book)

texts:
I'm wondering how French copyright law would apply to a book which was first published in 1952 and whose author died in 1944. I understand that under French copyright law works are protected for 70 years after the author's death, which would mean the work is now not under copyright. However, there is something I've read and I can't determine if it conflicts with the previous statement or is irrelevant:

  In the case of posthumous works, the term of the exclusive right shall be that provided for in Article L123-1*. In the
  case of posthumous works disclosed after the expiry of that term, the term of exclusive rights shall be 25 years from January 1 of the calendar year following that of publication.

*Article L132-1:

  On the death of the author, that right shall subsist for his successors in title during the current calendar year and the 70 years thereafter.

Does this mean 70 years + 25 years, or 70 years, of which the additional granted 25 years might run concurrent to?

I'm citing the French copyright laws from here.


texts: Can a claimant rely on an estimate of cost incurred rather than actual costs?

texts: I am the defendant in a case where I cycled my bike into an oncoming car. The claimant is asking me to pay him an estimate of the costs he required to fix the car (carried out by an expert witness-a consultant motor engineer). Why can't I just pay the actual amount the repairs came to as evidenced by receipts etc. How do I go about challenging this?


texts: Delinquent utility bill after landlord paying for over 5 years

texts:
I've been living at my current residence in Montana from late 2011 to date. Upon moving in and since then my landlord has paid the water bill. I received a delinquency notice today from the city which was taped to my door while I was at work yesterday giving me until tomorrow at noon to pay the bill or risk having my water shut off by the city. My lease (the term of which technically ended on June 7, 2012 and has since been month-to-month) mentions that

  Lessee shall be responsible for arranging for and paying for all utility services required on the premises, except that _________________________ shall be provided by Lessor.

but the blank space left for the list of lessor utility obligations is, well, blank. I wrote an epic(-ly nice) head's up text to my landlord but received an immediate reply from my carrier insisting the number I have for her and have used with success relatively recently, doesn't exist. That's where things really went South for me tonight.

I suspect come Friday morning I'll be pretty grumpy if I can't shower before going to works, so I'm going to do what I need to do with the city to get the situation resolved before the showdown tomorrow at high noon.

Easy enough, I'm not going to let the city intimidate me with a delinquency notice in somebody else's name - I'll even shell out some back pay and fees for them so I can scrub up Friday morning, but what I'm planning on doing when the first sneaks up is cutting my rent check less the amount the city wants to keep the water on with a friendly note and/or bill justifying the smaller amount.

The Question

Seems pretty legit to me, but IANAL so I'm wondering what kind of trouble I might be getting myself in to with such a move. I'm not sure it's worth pushing the envelope if she balks about not getting enough rent but on the other hand I'm pretty confident she'll be mortified upon finding out it was let to get to this point in the first place. I believe she's off drinking margaritas somewhere tropical and has a relative handling the clerical doings. She probably has no idea it's delinquent and she's extremely nice, but I'm curious nonetheless. Will this constitute breech of lease, or do I have any legal precedent to take it out of my rent?

Bonus Round

What leverage might I have with the city when it comes to being responsible for delinquency fees and back pay to preserve service considering I haven't received any notices at the address in question until they taped one to my door considerably after-the-fact? Last payment was in early January; they've had many weeks to mail a letter to the address serviced by the utility but apparently such a thing hadn't occurred to them.


texts: Can my wife as a bankrupt's partner ask for trusties costs in bankruptcy to be assessed? And what are those questions to ask?

texts: My trustees in Bankruptcy have tripled their costs as result of my appeal against HMRC assessment of income tax whereas they informed the Tax Tribunal that they are not representing me in the appeal case but just want to be informed of the outcome and yet they were claiming 3 times their initial costs with no detail break-down. When I asked to assess their costs only to be told by their lawyers that I am not in the position to ask. Can my wife as a bankrupt's partner ask for their costs to be assessed? And what are those questions to be asked?


texts: Are server-logs reckoned as storing of personal data by website (GDPR)?

texts: Well, almost all website have IP logs in "/home/logs/" folder (which is stored by hosting's Apache web-server (or whatever), and not by my site CMS).  Should I state that in our privacy policy?


texts: Legal considerations when choosing a mobile app name

texts:
We have written what I anticipate to be a fairly popular mobile app in the DIY mechanic category. We are in the alpha implementation/testing phase for google play, and discovered the name we chose for the app is the same as a drilling rig parts manufacturing company located in Texas. Aside from the domain name also being owned by that company (doesn't really matter to us), we are concerned with Trade Mark law.

The mobile app we are developing already has a large marketing channel with a certain amount of anticipated downloads immediate. We could change the name slightly (adding even one letter). Is this even necessary (or effective?) given that this company has no reason to develop a mobile app for public use, and is in a completely different state and industry?

More specifically, the scenario we are concerned with: Our app quickly gains popularity, google search results for the name bring up our app primarily (not the manufacturing company) - this WILL likely happen immediately. Manufacturing company notices and sues us for trade mark infringement?


texts:
Try to find the translation of Indonesian term "Lembaran Negara" which means 'a piece of paper where all government regulations are promulgated. A regulation is considered valid if it is put on the Lembaran Negara.

Is this concept the same with "statute book" which means ‘the collection, chronologically, of statutes approved by the legislative body of the country forming the legal code’? Is a bill considered as an official regulations only if it has been written in the statute book? Or statute book is merely a compilation of legal code? And what about government gazette? Do those terms share the same concept?


texts: E-filing Form 1120 and Form 5472 as a non US resident

texts:
Is Form 5472 (used in case owners of Delaware C Corporation are foreign) required every time with the submission of Form 1120 (used to file Federal Corporate Income Tax Returns)?

I submitted the necessary number for Form 5472 the first time around with 1120 and since then there has been no change in ownership and the same has been mentioned in the latest 1120.


texts: Under British law if first copyright belongs to a company, does it expire and if so, when?

texts: Under British law (s11 of the Copyright, Designs and Patents Act 1988), the first copyright of a book belongs to its creator, or, if the creator writes it for an employer, his employer (s9). Now his employer does not have to be a natural person; it could be a fictitious legal person, such as a company. If it is, does the copyright expire and if so, when? S12 states that copyright endures until 70 years after the author dies. Does that mean that if a company holds the first copyright then the copyright lasts as long as the company stays in existence, plus 70 years? If so, what is to stop an author avoiding the automatic expiry of copyright 70 years after he dies by incorporating himself as a company for which he does the work of writing? Or perhaps a company that holds the first copyright loses it 70 years after its employee dies?


texts: Can non-consentually recorded conversations be used as evidence?

texts: A collection company calls a client. When the client is connected to the collection company agent. The agent informs the client that the call will be recorded. If the client states, "I do not consent to being recorded" but continues the conversation. Can that recording be used as evidence later on during a court case regarding collections?


texts: Accusing me of committing hit and run (when I didn’t)

texts:
I got a call from an investigator from Arlington Texas informing me that a couple has accused me of hitting their car in in December in their apartment complex parking lot.

The husband stepped out of the car to stop the car from driving away. Apparently the person drove forward and he had to step out of the way. They followed that car and stopped at a kroger. They lost the car but later found it in the kroger parking lot.

They took photos of the car and the plate and said it was me.  I work in that Kroger that’s 30 min away from where I live due to an emergency. I don’t know anyone that lives in that city that I’d visit. I’ve never been to any apartment complexes there and definitely don’t remember having the confrontation with a guy in front of the car. My car has a Florida plate on it and they were sure it was me because the plate stood out a lot as they followed.

The officer called again today and said there was a male passenger in the car that hit them. I never had any male passengers because when I go to that city, it’s only because I have to work there. The officer took my insurance info and said if the investigation swings their way they’d get my insurance info.

I also sent her photos of my car all the way around like she asked so she can match it with the description of the accusers. The bad thing is that I already had scratches on that car before it was given to me by my mom. It does not look good for me.

Should I get a lawyer? I tried to contact a lawyer but none of them called me back :(. The officer said something about she could have a warrant for my arrest when I tried to explain to her that it might be insurance fraud since they only have photos of my scratched up car which is frequently parked in that kroger because... well I work there and that none of the other events matched what I have.


texts: Can I make a copy of a well-known movie or video game character in my own artistic style?

texts:
If I were to take a well-known character from a movie or video game, lets say Super Mario, and I drew an image of him in my own art style, completely from scratch. Would I be infringing on Nintendos IP? Nintendo own the image of Mario, but I drew an image that was based on him but not created by Nintendo.

Take the images below. These are crude drawings that look nothing like the characters from the Super Mario series, yet they are identifiable as the characters. Would it be legal to sell these images as posters or tshirt prints etc? Does Nintendo own to copyright to this image because it contains characters they created even though the artwork itself is original?


texts: What is the meaning of "trade secret" when the secret is being publicly distributed?

texts:
Reviewing some software licenses I found statements like this:

  The software code shall be treated as trade secrets and confidential information.

But the source code can be freely downloaded from the very same author's webpage, which hardly makes it a secret. Does it mean I am supposed to treat it as if no one could have access to the code, even though everybody can see it?

Edit: I will add that this is scientific software. They come accompanied by a public paper that describes the inner workings of the program; so one could in theory read the paper and reimplement the software without ever looking at the original source.


texts: Am I allowed to sell photos online at 15?

texts: I am a 15 year old amateur photographer, and I am looking to sell my photos online. Are there any legal limitations to this? Or am I allowed to sell photos without any legal trouble?


texts: Le Petit Prince and the public domain status in France

texts:
Trying to reply in this question, I found this interesting link:
https://www.communia-association.org/2015/01/23/the-little-prince-almost-in-the-public-domain/

This is a 2016 article talking about the public domain status of Le Petit Prince in particular and the public domain harmonisation in general. An excerpt follows:

  If you know a bit about the rules for determining when a work goes out
  of copyright, we can assume that on 1st January 2015 “The Little
  Prince” became part of the public domain. This is because in France
  copyright lasts for 70 years after the death of the author. And since
  Saint-Exupéry died in 1944, this would put “The Little Prince” into
  the public domain in France.

  However, the harmonization of the duration of copyright is not
  uniform. In France, works of authors who died for France during the
  First and Second World Wars benefit from additional copyright
  protection. Copyright for works created by these authors is extended
  for an additional 30 years to compensate for the losses and
  difficulties in the commercial exploitation of their works during the
  war.

  Beginning this year, “The Little Prince” is in the public domain
  almost everywhere in Europe. But in France, the novel will pass into
  the public domain sometime between 1 May 2033 and 1 January 2045,
  depending on your interpretations of the rules! Interestingly,
  Canadians have been freely using “The Little Prince” for the last 20
  years, as copyright expires there 50 years after the death of the
  creator.

My question is what is the current status of the public domain in France. Having found the text of Le Petit Prince available online (see also here), does that mean the aforementioned French Law has been changed since 2016?


texts: The Legality of Naked Photos of a child for an abuse case

texts:
I am filing for divorce from my husband, and I had several photos printed which showed where he left bruises on our daughter's bottom. These photos were requested by my lawyer (through documented emails). I sent them to Walmart, who turned my photos over to the police. Now my husband is threatening me with child pornography charges. Will I really be in legal trouble for printing photos for evidence against him?
Can I be in trouble for not reporting the alleged abuse to Department of Family and Children Services?


texts: Impact of GDPR on remote work outside of the EU (as LLC)?

texts:
I do remote work for clients in the EU. The legal foundation is a B2B contract between two EU legal entities, one of which is the client's limited company, the other my limited company. Since both legal entities are in the EU, they are subject to GDPR laws. However, I as a person would like to perform my duties outside of the EU. Can I do this?
Most answers I found were in the context of being an Employee of a company in the EU (or processing EU citizens' data), who wants to work from outside of the EU. So there was an employer-employee relationship, tax implications etc. In my case, I am the sole shareholder of the limited company, my tax situation is separate to this question (I know there are implications). The only legal relationship in scope of this question is client-service provider, where I am the service provider.
I know there are many companies which hire employees in non-EU countries (India comes to mind) or subcontract them to perform some tasks, which leads me to believe this should be possible.
The work itself is strongly focused on processing sensitive information. It is stored in a cloud system provided by a third-party vendor, it's certified and highly secure. My role is to interact with this system. All connections are encrypted. To perform my duties I use two computers. One is provided by the client, so I follow all their policies around data and IT security. This is the only device that is used to access client's systems. The other computer is mine. It secures data at rest (hard drive encryption), web connections are encrypted (https), I use VPN, and I don't store data on my device for longer than necessary to perform my duties. I do not maintain a database of any sort. My job is to write programs to process client data. Programs run only within the third-party system that I mentioned before. To summarize, I download the data I need to write a program locally on my computer (the program does not interact with the outside world at this stage), once I am confident it works, it is uploaded to the secure system, where it would process all of client's data in a secure fashion. In other words, data would leave the EU for the purpose of developing the software only. Note it would not be processed in the United States. I do not share the data with any third parties. Currently, I do not have any Employees, so there is no data sharing even within my own organization. My services are not public facing.
I hope this gives a good understanding of what my situation is. What I would like to know:

Is it legal for me to perform my duties from anywhere outside of the EU at my own discretion?
Is data security I outlined sufficient to be GDPR compliant?
Most of the contracts I signed in the past did not require me explicitly to be physically present in the EU and they allowed me to subcontract the work as long as the subcontractor had necessary skills. If the contract does not explicitly state all work must be physically carried out in the EU, can I do it outside of the EU without explicit clause in the contract, i.e. what's not forbidden is permitted?


texts: In BC, Canada, may an adult seek & receive a Protection Order if the respondent is the mother of the petitioner but the parties do not live together?

texts:
(N.B. I've never studied the Canadian legal system, I'm not Canadian, I don't live in Canada, and I've never been to Canada. But I like cheese curds.)
In a nutshell: what I want to know
(Hypothetically) A mother is abusing her adult child, but they do not live together. Does the Family Law Act, or any other law, enable the victim to seek and receive injunctive relief, such as a Protection Order?
Laws that might apply
Family Law Act, S.B.C. 2011, c. 25 (FLA).
Hypothetical facts
Parties
Aaron is an adult natural-born Canadian citizen residing in British Columbia. Aaron lives alone in his domicile. Rita is Aaron's mother, and she is an adult natural-born Canadian citizen residing in British Columbia. All legally-relevant actions occurred within British Columbia.
Assumptions
The government is not prosecuting criminal charges against either party. Assume each has fully vested rights, privileges, powers, and immunities: for example, neither of them has been found incompetent or been placed under guardianship. Assume the default legal-relationship between them: the rights, privileges, powers, and immunities automatically granted by the law due to their familial status have not been mitigated.
Actions by the parties
If a court were to fairly and thoroughly examine evidence presented by Aaron and Rita, the court would likely find that one or more of Rita's actions were psychological and/or emotional abuse of Aaron. The court would likely find that Rita's actions included one or more of the following: harassment of Aaron, coercion of Aaron, unreasonable restrictions on and/or prevention of Aaron's financial autonomy, and restrictions on and/or prevention of Aaron's personal autonomy.
What (civil) relief is available in British Columbia?
I'm unsure about the scope of application of the FLA. Specifically, I am unsure if a court can issue a Protection Order against a respondent if the two family members do not live together.
Procedures such as seeking a Protection Order under the FLA in provincial court are intentionally designed to make it easier for laypeople to seek and receive relief. Whether or not Aaron may seek relief under the FLA, what other layperson-friendly laws might provide relief?
Thank you for your time.


texts: Would open source programs that use encryption be illegal under this draft of the "Compliance with Court Orders Act of 2016"

texts:
The U.S. congress has a draft for a bill that would require companies to fetch information from a device when requested by a court. A consequence of this is that many types of security technology become illegal for any company subject to U.S. jurisdiction.

My question is, would this make open source software that uses encryption illegal?

In particular, could open source developers be sued?
Can a company that contributes to open source software be sued?
If a company distributes open source software, can they be sued (such as the owners of gnupg.org or github.com (note that difference between the two))?
If a phone maker puts open source encryption software in it, can they be sued?
If a user installs open source encryption software on a phone, can the phone maker be sued?

What if they downloaded it from a software center provided by the phone maker?

I am specifically talking about the types of encryption that could lead a company to be sued.

Note: I think I may be using the word "sue" incorrectly. Feel free to edit this question in order to make more sense legally.


texts:
We live in a community with small yards and restrictions on putting up fences in the yards.  Recently, my neighbor assembled a trampoline and I'm sure it's a couple of feet on my property.  I'm not worried about a few square feet of yard, since our kids play together all the time, but I am worried that I may be liable for damages if one of our other neighbor kids was hurt on said trampoline.  This is in Illinois, USA.

I know trampolines are red-flags, and would not have one in my yard, but since it's obvious who's trampoline it is, how much risk am I assuming with this situation?

EDIT:  So technically the lots are organized under a "condo" association, and we most definitely have a HOA.  Tramps are not addressed since they would not be considered "permanent" fixtures.  My swing and slide playscape did need to be approved.  No biggie.

Also, Insurance company informed me that I am not at risk in the current state of things.  If it was all on my property or was operated as "my trampoline" it would be a different matter.  ( I do intend to get that in writing  :)  )


texts: Does YouTube legally need proactive takedown?

texts:
YouTube needs to figure out what to do about people posting copyright material. The actual solution they arrived at, after some negotiation with the media companies, includes programs that scan uploaded content and proactively block material that matches a copyright database. (Inevitably these programs sometimes get it wrong, which is a problem.)

A friend of mine has claimed they are not actually required to do this. That US safe harbor law only requires them to take down copyright material after it has been brought to their attention. That they could stop using the proactive programs completely, and just replace them with a call center to take and act on copyright infringement notices.

I'm not sure about that; it seems to me that Napster is case law to the contrary, and anyway Google employs a bunch of expensive lawyers who wouldn't have advised them they needed a negotiated solution unless they really did.

Which of us is right? Could YouTube really revert to a purely reactive system, or could the media companies sue them if they didn't continue the proactive takedown measures?


texts: Sanitation Standards for Public Residential High School in North Carolina

texts: I attend the North Carolina School of Science and Mathematics, a public boarding school in North Carolina. The school generally provides all necessary sanitation equipment (brooms, soap, etc.) to each hall so that it can keep sanitation standards high; however, recently the school has limited the number of paper towels which it is willing to provide to my hall to stock its bathroom. Unsurprisingly, we nearly never have paper enough paper towels to last us through the week. I have spoken to an administrator about this issue, and he claims that the use of more than two rolls per week is costing the school an excessive amount of money, but this does not seem logical, as paper towels are extremely cheap. I have spoken to residential life assistants on other halls, who have told me that their halls use an average of 2-3 paper towel rolls per week, and they do not think that they could get through a week with only two rolls without running out. Does the school have any duty to its students (who also live on campus) to provide a sanitary living environment, and if so, is the severe limiting of paper towels issued a violation of this duty? I would like to have some legal weight as I speak to other administrators at the school about this issue.


texts: Regulations for stock taking of fixed company assets?

texts:
As an European finance/law student, I am currently studying the legal part of the stock taking process of fixed company assets in the United States.

Unfortunately, I could not figure out if there are any legal requirements to inventory fixed assets. In particular, I want to know if US company owners are legally required to inventory their company assets and if so, which inventory system they have to use (perpetual or periodic). Also, are there are any regulations regarding the stock taking process in the US GAAP?


texts: Is asking a website user their age the same as asking their birthdate?

texts:
COPPA says you must ask a user's age in a neutral way. Most websites make you enter your birthdate to check whether you're old enough to be using it. But what if you just simply ask the user's age? That seems to be just as neutral as asking their birthdate. Legally speaking, is that the same?

Assume that there are no unique sections of the site. Only 13+ users are legally allowed on any given part.


texts:
it looks like you have to learn from examples of what constitutes copyright violation when sampling someone else's tune for example in a hip hop song (or even in a rap song).
I used search engine duckduckgogo to find "song copyright trial" in video section but found no examples of actual trials discussing this matter. I remember not too long ago Led Zeppelin got away with one, maybe it wasn't too similar. But cannot find the trial on the internet- maybe it was livestreamed and no one recorded.
Is there anyone that can share examples of how they decide if a song is similar enough to another song? maybe you are solicitor or they copy from you? or even the one copied (if you are not in jail!)?


texts: If someone has left their residence for a few days, due to fear of the homeowner, can they get a restraining order against the homeowner and return?

texts:
My mother and I fled our home this weekend due to concerns for our safety, caused by my step-father. We're staying at a friend's house across town while we sort things out.

The home is one which we have lived in for decades, with some of those years pre-dating my step-father's presence in our lives. So, naturally, we would like to return to it as soon as possible. But we still don't feel comfortable going back with him living there.

I don't know exactly what my mother is planning to do about the situation in general - she may not even know herself. But this did make me curious about one possibility.

Could one of us get a restraining order against my step-father, and then return to our home, thereby forcing his ejection from the house? If this is legal, is there any reason not to do this in terms of how a judge may look upon it in later proceedings?

Jurisdiction is Orange County, Florida


texts: Is an English will valid if the testator dies while living in Scotland?

texts:
If a testator makes a will while living in England, to what extent will it be valid if the testator—

permanently moves to Scotland, and
subsequently dies there without making a further will?


texts:
Having read this question, it makes reference to treason, to which part of it states:

  The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.

Unfortunately, the archaic language makes it difficult for me to understand. I presume attainder means detention, but I can't work out what "corruption of blood" or "forfeiture except during the life of the person attainted" means or why it's prohibited.


texts: Help with understanding copyright vs patent

texts:
I am stump on why the answer is Copyright because of the code.

  Matthew authored an innovative algorithm for solving a mathematical
  problem, ...... he wants to obtain some sort of intellectual property
  protection. Which type of protection is best suited to his needs?

  A.Copyright
  B.Trademark
  C.Patent
  D.Trade Secret

I thought it would be patent,  since it involve mathematic algorithm.  If it just code, I would go with Copyright.  Thoughts?


texts: What’s the legality of creating gametes from deceased individuals?

texts:
If I recall correctly, there are laws prohibiting human cloning and regulating stem cell research.

Would the creation of a gamete--say, a sperm cell--from the genetic material of a deceased person, with the permission of the deceased person, be illegal under these laws?


texts: Can I legally allow my dog to pee on someone's fence?

texts:
I live in Scotland and my dog likes to have a wee at 3D objects. Particularly he likes peeing at wooden fences and bushes of my neighbours.
Now they're not very nice, they always complain no matter what.

Am I breaking the law by letting the dog have a wee there or is it considered to be public area because it's the side of the street?


texts: Got a jury summon last year, forgot about it, just remembered

texts:
What should I do? I would like to serve on a jury if I can.

Ive passed 2 background checks since the jury duty notice. If i recall correctly the notice misspelled my name.


texts: "Right of access by the data subject" if the IP address is the only personal data

texts:
IP addresses are "personal data" according to the GDPR. When saving IP addresses in web server access logs, data subjects have the right to get the log entries for the IP addresses they used (article 15 GDPR).

If the IP address is the only personal data in the log, a controller has no way to verify that a requesting person is actually the data subject. Even the requesting person’s ISP could only verify that the person is the subscriber (i.e., that the subscriber’s Internet connection had this specific IP address at a specific time), but it’s possible that someone else used the subscriber’s Internet connection at that time (e.g., a family member).

Does this mean that a controller never has to provide the log entries if the IP address is the only personal data involved?


texts: Where to draw the line when it comes to data Copyright law

texts:
I am currently developing a fitness utility application and have reached the point where I need to populate it with a real data-set.

After quite a lot of research I found that there were literally no companies that allow their data-sets to be used openly. Now, although this is understandable I don't exactly understand how they can copyright their data when it comes to things like a fitness exercise.

For example, if we take a record from bodybuilding.com like:

{
    name: "Barbell bench press",
    type: "strength",
    main_muscle: "chest",
    other_muscles: ["shoulders", "triceps"],
    equipment: "Barbell",
    mechanics_type: "Compound",
    level: "Beginner"
    sport: "No"
    force: "Push",
    reputation: 9.2,
    description: "Lie back on a flat bench. Using a medium width grip (a grip that creates
                  a 90-degree angle in the middle of the movement between the forearms
                  and the upper arms), lift the bar from the rack and hold it straight over
                  you with your arms locked.
                  ........
                  ........
                  When you are done, place the bar back in the rack."

}

How can this data be copyrighted if just recreating it would yield the same result, given that the values are not ambiguous/subjective?

The only thing I feel could be copyrighted is the sequence of words (phrasing) in the description – please correct me if I am wrong.

If this is the case: Would it be legal for someone to use the exact same data-set, rephrasing the words in the description? and, for example, replacing beginner with amateur?

Edit 1:

Except from the description and the reputation, all the other fields, and the data structure in itself are completely standardized. The exercise names are not thought of as so by the author of the data-set, they are standardized; the same is true for equipment names, force, level, etc. (again, excluding description and reputation field).
So if one were to remove the description and reputation field, could it still be thought of a copyright infringement. Being that everything else is not subjective or does not require creativity to add?


texts: Foreign national drawing up a will in the US

texts: My wife is a German she wants to draw up a will in the US. Will it be valid in Germany and Canada?


texts: Is it illegal to resell software licenses?

texts:
This commentsays

Most of the “windows 10 license keys” on eBay are illegitimate. Downvoted

I quibble with "most", and believe to be an all or none issue.
More importantly, it is a jurisdictional issue. For some reason, people tend to believe that the majority of us come from the USA, which is not the case, so maybe that is the source of the comment(?).
Obviously, we cannot have another worldwide answer, but, can we have some generalizations (even specifics) on the theme of "Most of the “windows 10 license keys” on eBay are illegitimate"? USA, Europe, other jurisdictions ...


texts: Purchase of LLC Interest in Connecticut, USA

texts:
I currently own 30% of an LLC in the state of Connecticut, USA. The LLC currently has a total of 2 members, meaning another person holds the remaining 70% which I would like to purchase.

Where could I find a template of a legal contract to purchase the remaining membership interest? I have looked online for a while now, but most of the contracts that I find refer to the company as a Corporation and membership interest as stocks, which makes me believe that the contract applies to a different type of company, INCs for example.

If the best thing is to get a lawyer involved, about how much would this cost? Is there a site that I can get in contact with a lawyer and do the whole transaction online (this site for example)?

Thank you.


texts: Are there any Social Security loopholes I can use to justify my inability to pay rent to my parents?

texts:
I received $750 in SSI until May 2018, plus $130 in SNAP, and every year, they ask if I'm paying room rental. Then my mother usually signed an 801 form. However, this was the first time I heard about that since the investigator who was working on my case was different from the one who usually called me in the past.
As of March 2017 to April 2018, I haven't been able to pay my parents who are head of the household because I had endured severe medical hardship, and then I accumulated credit card debts so I could survive, and I am currently paying for phone and internet, and, because I'm blind, I take cabs a lot, like Uber and Lyft. I also buy my own groceries and meals.
Since the house is being mortgaged, and the money I should be paying would help them pay for it, was I legally obligated to pay them in any way?
Since my mother told Social Security that I wasn't paying rent, my SSI was cut, which made it more problematic for me to get out of credit card debt, plus twenty months of rent.
However, my attorney and I have a hearing in a few days and are going to argue
Nobody from Social Security, until that investigator called me in March 2018, told me that I had some obligation to pay rent, or that they were also required to go and confirm it with my parents.
Similarly, my mother's telling me to pay her could be considered hearsay since it was second-hand information.
As far as I know, I had never signed any 801 forms until April 2018.
On Friday, 17 February 2017, I asked the investigator who was checking up on me if I needed to report any new credit cards I opened. They assured me and said I didn't have to because I'd be paying for those. So, based on that statement, I assumed that as long as I was paying for something, I didn't have to pay my parents.


texts: Can more recent evidence be considered in an appeal?

texts:
I requested an impartial special education hearing to establish eligibility under IDEA for my son.  I lost at hearing but won on review.  (I am in a "two tier" state, New York.)  The evidence considered in the hearing, and the review, was all collected prior to the start of the current school year.

The school district has recently filed an appeal to state court (county supreme court).  The petition mentions some education records that were generated in the current school year (i.e. based on the student's current school year academic performance).  Will those recent records be admissible in the district's appeal?