texts: Under GDPR, why is google not considering the index entries as personal data?

texts:
I have a fairly unique name and never came across, online or otherwise, anyone with the same name and spelling.

Following this, I make the assumption that this qualifies as personal data under GDPR since my name and first name uniquely identify me as far as it can be tested.

When I request my personal data from google, I got about 2gb. Mostly my emails and, in the end, nothing really valuable.

I'm using iOS for all mobile activity and I don't have chrome, so it probably limited data capture.

The surprise was that they had a list of flights I made and I'm not sure how this was captured.

But my question is about the index: I can be found under the index and my name, the "personal data", has to be part of their database index.

So, under GDPR, I should get a copy of the index entries when my name appears, shouldn't I?

Also, if this constitute "personal data", shouldn't I have the ability to request either:

deletion, under the right to be forgotten
or, stop processing, where they can keep data but not use it?

It looks like Google is considering everything but the index under GDPR.

Is there an interpretation of the law that allows this?


texts: Is award of attorney fees and legal costs in U.S. deterministic?

texts:
There's a large space I will call "medium claims" in which lawyers are required for a plaintiff to seek judicial remedies, but the cost of litigation vs. the potential recovery leaves too much uncertainty in the risk/return calculus for aggrieved parties to actually sue.  (This may be intentional and a public good, since it reduces the burden on the courts.)

Are there conditions in which the award of costs is relatively deterministic?  I.e., are there jurisdictions and/or claims in which a plaintiff can expect with some certainty to be awarded all costs and fees if he prevails?

Just to illuminate my question, here are examples of the form of answers I can imagine, but the content of which is completely made up:

In virtually all common law claims in which a finding of "gross negligence" is sustained, the plaintiff is awarded all costs.
In claims for statutory damages that allow for recovery of costs, a prevailing plaintiff is awarded costs 50% of the time, but a losing plaintiff is ordered to pay the defense's costs 90% of the time.
Federal courts nearly always follow any cited precedent in awarding costs when they are requested.
State judges are so mercurial that nobody can predict if or how they will award fees in any case.


texts:
Assume that Bob owns a car that is not up to code. Because he can't fix it, he stores it in a Pennsylvanian storage location without insurance.
Because Bob didn't pay that, it defaulted and the storage company sold the car to Charley.
Charley got the car running enough to get it into traffic and committed a parking violation. The police send the ticket for this to Bob. Is Bob liable for the tickets?


texts: Is it legal and (legally) feasible to secretly hire a contestant on a reality TV show to pull off a fake personality?

texts:
I've noticed in the first and second season of Donald Trump's
"The Apprentice", there were some characters who I sort of felt might be paid by Trump to act outrageous and pull certain stunts in order to ensure entertainment and better ratings for the show.

It's easy to imagine that the reality show character could be paid to act a certain way and really sell their act, signing an NDA with no expiration in order to keep the show's credibility.

The problem I see with that idea however, is: The person, at any point in the future, might have much less to lose by revealing the secret than the show's producer would lose, perhaps demanding more and more money to maintain silence.

So I have a few legal questions about this particular example:

Is it legal to describe/present a show as a reality TV show, while hiring contestants secretly to put on an act?
How far can a company go to keep the agreeing contestant silent? Can they take extreme measures such as basically signing his life away, agreeing to pay more money than he possibly could or some other extreme punishment for breaking the agreement?

In other words, is it legal and is it feasible to pull off such an agreement in this particular situation, while being confident that the contestant won't be able to share the secret because of contractual penalties?


texts:
I am pretty familiar with the legalities of USA one-party and two-party recording laws, but there is one piece of the puzzle that doesn't seem clear.
For some background, I received a call from a Missouri number (landline). We discussed some things and figured out how we wanted to handle them. I then asked if the call was being recorded. The caller said "yes" and he was located in Kansas. I told them that was illegal (I will get into the why in a moment). I was in Missouri at the time the call (cell:T-Mobile) initiated. (Both are one-party consent states.)
Now for the "why". At the surface, this looks legal. But my understanding is that if the call is routed by the phone companies through a state that is a two-party state (e.g., California), it must follow the two-party consent rules of recording. Since all calls are digital and managed by computer network routing algorithms, it is completely feasible the call could be routed through a two-party state.
Since they failed to state that the call was being recorded at the beginning of the call (and there were no distinctive beeps), I believe they are in violation of the law (as it would be nearly impossible to prove where the call was routed without tons of digging through multiple phone company records, switch logs, discovery, etc).
When I have posed this question to lawyers I have worked with in the past, they get that glassy-eyed look and don't really know how to respond. So I figured a larger audience with a more technical understanding of routing, might be a better fit for my question.
Thank you for your time.

Update 5/21/21: I found an occurrence (from the Hobbs Act info @bdb484 provided) where a call in Georgia was routed to Florida then back to Georgia. Here's the source information:
https://casetext.com/analysis/interstate-offenses

United States v. Drury, 396 F.3d 1303 (11th Cir. 2003)

The initial panel decision in this case held that use of a telephone to make an intrastate phone call was not sufficient to create federal jurisdiction under the 2002 version of 18 U.S.C. § 1958, the murder for hire statute. Though the telephone system is an instrumentality in interstate commerce, the statute, as construed by the Eleventh Circuit, requires a call that actually travels in interstate commerce. The element was actually satisfied in this case, because the cell phone call relayed the signal from a place in south Georgia, to a tower in north Florida and then back to the recipient of the call in south Georgia. Though the caller and recipient of the call were in Georgia, the signal actually traveled in interstate commerce. The statute was subsequently amended to specifically provide for a conviction if a facility of interstate commerce was used – i.e., a telephone – even if the call was purely intrastate.

While it doesn't answer my question, it is interesting that it was important to recognize that the call "relayed the signal" through a two-party state.


texts: What regulations govern suspension of students?

texts:
Where students are violent, suspensions may be justified, in order to ensure the safety of other students.

However, for non-violent behaviour, what regulations are in place with regards to suspension, and what recourse do students (or their parents) have?

Surely, if a student is entitled to an education by means of some statute or regulation, withholding it needs to be statutorily or regulatorily sanctioned?

This relates specifically to the United States; I imagine states will have different regulations, so please answer with whatever jurisdiction(s) you are comfortable with. If you also have experience with other jurisdictions, that would be interesting.


texts: Consequences of failure to exclude something in the "limitation of claim" field on US copyright application

texts:
I'm filling out a US copyright application, and wondering what the potential consequences would be if I fail to exclude something in the "limitation of claim" field.
The work I'm registering is a podcast, and includes:

spoken material written and recorded for the podcast
short musical stings using themes from public domain (pre-1923) songs, recorded for the podcast
recordings of songs that are already registered by me
recordings of songs that are already registered by others, used by license
recordings of songs by me that have been previously published by not registered with the copyright office

I'm doing my best to note everything that's not new in the "limitation of copyright" field, but I'm concerned that I might miss something. What are the consequences for leaving something out? Specifically I'm wondering:

Could the whole copyright be invalidated because I forgot to exclude something?
Are there be other penalties?
Does it matter what the status of the non-excluded material is? e.g. my own registered copyright, someone else's, published but not registered work, or public domain.

Assume all work that's not owned by me is correctly licensed, and that I would never try to use this copyright to exert control over anything that should have been excluded.


texts:
Must French financial institutions know by law the salary of their customers?

One of my French banks is asking this information from me and claims they have to do so by law (and I have "declare sur l'honneur", i.e. make a sworn statement).

The best I have found so far is  Code monétaire et financier - Article L561-4-1 but I haven't seen any mention yet on the salary.


texts: Flashcards of Japanese animation, copyright

texts:
I am thinking of creating a website allowing users to learn Japanese language with flashcards. This website will be for education purpose only and totally free. Basically each flaschards contains a question and an answer about a short sequence of video to test the student understanding. These videos are short extracts from Japanese animation DVD (e.g. Dragon ball etc...).

Is the fact of displaying these flashcards on a non-profit education website copyright infringement?

Note : I dont know if it matters here, but the website will also display the link for the users to purchase the original DVD on Amazon etc...


texts: Standards and obligations for care during incarceration

texts:
In order to tease out the nuances of this question I'm going to pose an extreme hypothetical:

A very successful performer leads a lavish lifestyle.  He only wears clothes of fine cashmere, his diet includes beluga caviar every day, and he takes an expensive cocktail of drugs to treat a rare but serious disease.

Then he is convicted of manslaughter committed while drunk driving and sent to prison.

In prison, presumably, they do not care about his comfort and customs.  He is only allowed to wear the prison-issued garments, however coarse they may feel to him.  His dining options are limited to "regular," vegetarian, or Halal slop.

Presumably these privations are "features" of the punishment, and to the extent he suffers disproportionately from them the justice system has weighed that extra suffering in determining his sentence?  Is there any precedent for a feature of incarceration being found "cruel or unusual" not generally, but in a particular case?  E.g., "It's not cruel to make a peasant eat gruel – that's his normal diet in the best of times – but it is cruel and unusual to feed the same food to a king!"

Furthermore, the prison does not provide the expensive medical treatments he was undergoing.  It cannot afford to.  But, since he is being deprived of his income as a performer, the prisoner now cannot afford them either.  I.e., his sentence is in effect not only to be incarcerated, but also to be deprived of some health- or life-sustaining support.

In the limit there is some duty of care to prisoners.  For example, they cannot be starved to death, and must enjoy some level of medical care.  But is there any precedent for suspending a sentence because it would adversely impact the health of a convict, as in this hypothetical?


texts:
This took place in NJ.
So I was in a minor fender bender car accident with a mid age woman.
I was at fault being that I hit the rear bumper.
I right away asked her if she was ok and she asked me to call her husband since she didnt have her phone. So I dialed the number and gave her my phone (Galaxy s10 XL).
She just walked off with it When I asked for my phone back she said NO...had to wait 30 min for the cops to come so I can get it back?
At one point she was holding it by the edge I attempted to grab my phone.
Now she's claiming I assaulted her, and she has a bruise. I didn't touch her, none of this is on the initial police report, but I received a summons for assault charges.
Im freaking out, could anyone make an assault claim just like that? What is going to happen, could I get fined, placed in jail etc?


texts: Is there a jurisdiction where child pornography is not illegal?

texts:
There is somewhat recent research (PDF) which has found there to be at least links to child pornography on the bitcoin blockchain with also one one explicity file on the blockchain which may be classified as actual child pornography.

Now, assume there is actually a clear and indisputable case of child pornography on the bitcoin blockchain. This means that everyone who a) mines bitcoins and b) verifies the blockchain themselves have a copy of this file on their machine.

This raised (at least for me) the interesting question:
Is there any country / jurisdiction in which it is not illegal to own child pornography (on your personal computer)?


texts: Is there any country where hacking back is legal?

texts:
Building on this unanswered question: Under what circumstances could laying hacker "traps" cause civil or criminal liability for non-law enforcement civilians?
I was wondering if there was any place where hacking back is legal, and if would be possible for companies to base their operations there, so they have a legal basis to hack back at their attackers.
As far as I can tell, it is illegal in most places, but I'd like to make sure there isn't a country that permits it.


texts: Does a financial company have to disclose information about my account when requested?

texts: I have submitted a complaint to a finance company (vehicle) who completed an investigation where I am unhappy with the outcome. I requested all evidence they have regarding my claim including information supplied by a third party (vehicle dealer and broker). They have said that as they do not own that information provided to them they cannot disclose it. Is this correct?


texts: Landlord wants to switch my lease to a "Land contract" to "get back at the city"

texts:
I've been living at this place for about two months and my lease looks pretty typical. Nothing unusual. I've had no problems so far.

Today my landlord called me and explained something about the city wanting to charge him for a rental inspection that only covers the outside of the house, and so he's outraged that he has to pay for some guy to just look at the house from the sidewalk. He then explained that his plan is to present me with a "land agreement" and also a contract to invalidate the current lease so that I'm just paying him for the land agreement instead. I'm pretty confused about this whole thing and it doesn't seem right.

Through some quick googling, it sounds like I'd suddenly have to pay taxes on the property as if I owned it. Suddenly I would become responsible for paying the fee he's complaining about? Not to mention I don't know if any tenant rights apply anymore.

I'm deeply confused and would like to know if this is a thing many landlords try to do and whether there's anything I should start doing to cover myself if my landlord starts getting weirder.

Update: He says it could be a few months before he has the land contract for me to sign. I haven't agreed to anything and told him I'm going to check with a lawyer before taking any action.

Update 2: I'm not going to be signing anything and am going to be upfront about that rather than entertain the notion of having a lawyer look over the agreement. Thanks everyone!


texts: How do I properly evict a tenant in NY given these conditions?

texts:
I offered a tenant a place to live, gave her the first month free, and started the lease the 2nd month. In the lease she agreed to switch the utilities into her name. She never paid rent and never turned the utilities into her name. When I started the eviction process she retaliated by calling the cops and making up false police reports against me. At the time I rented the apartment I did not realize I needed a Certificate of Occupancy so I didn't have one.

What is the process for evicting this tenant?


texts: Can you get jail time if you were bribed forcefully against your will?

texts:
Let's say you are a judge presiding over case regarding crimes committed by a criminal group. Then, the criminal group tells you to not give them a harsh sentence or else they will get back at you by hurting people that are close to you.
Since they are a powerful and resourceful group of criminals, you take their threat seriously and decide to be on their side. Can you be punished for doing so if it was discovered afterwards? What if they force you to take money, to make it seem like you took a bribe?
Note that you really want to protect your family and friends, and you know that any federal organisation (FBI, CIA, etc) will not be able to reliably protect them (since the criminals are very resourceful).


texts: Can I post a private email conversation on a social media forum

texts: I recently had a dispute with an online retailer. The customer service representative really showed their colors in the emails they sent to me. I then wanted to show a social media forum this interaction so I posted our entire email conversation. The retailer threatened to sue me of k didn’t remove the remarks. Have I broken the law or am I being bullied?


texts: What are the options for non-americans to set up and operate a non-profit in the US?

texts: Could it be done if you are not a citizen of the US?


texts: What liability might be incurred for exposing truth in private matters

texts:
Here's a hypothetical:

Suppose person A is married, and person B is married. But Person A has an online intimate relationship on an online service with Person B. Both persons conceal the relationship from each of their spouses.

During the course of the long relationship a lot of intimate, incriminating personal information regarding Person A and Person A's spouse is revealed to Person B.

Person A decides to end the relationship, ghosting Person B.

What legal repercussions might Person B get into if Person B copied every message onto a thumb drive or paper and gave them all to Person A's spouse?

Assuming everything is true and correct and was copied without modification directly from the online service?


texts: Why is there a year generated in copyright license code?

texts:
I just generated a new MIT licensed repository on Github.  Part of the license looks like this:

  Copyright (c) 2017 superfly-css

What is the purpose of having a year in the copyright line?  Is it just an indicator of when the copyright started?


texts: Was cannabis legal in the U.S. in 1969-1970?

texts:
In 1969, Timothy Leary challenged the Marihuana Tax Act of 1937 in Leary v. The United States. Leary claimed that the requirement to have a tax stamp to possess cannabis, while also requiring possession of the illegal cannabis to obtain the stamp, was self-incriminating and unconstitutional. The Supreme Court ruled in his favor on May 9, 1969.

A year later, Congress enacted the Controlled Substance Act, and to this day they use the Commerce Clause of the Constitution to outlaw cannabis. The CSA was effective on October 27, 1970.

Does this mean cannabis (and any other previously banned substance) was legal under federal law for 17 months between 1969 and 1970?


texts: Article 116(2) Citizenship Restoration - Germany

texts:
I'm trying to determine if I might be eligible for German citizenship under Article 116(2) of the Basic Law.  Article 116(2) affords restoration of citizenship for those who were stripped of it by the Nazis.
I'm having trouble parsing the guidance that the German government has offered. Specifically, I can't tell whether somebody whose only blood link to Germany is a female would be eligible for citizenship.
These two pieces of guidance seem contradictory:
(English) guidance on eligibility for Article 116 (2) restoration
(German) guidance on eligibility for children born to mothers abroad
From 1:

Born between April 1, 1953, and December 31, 1974
During this period, German citizenship generally could be derived only from the father. It could be handed down from the mother only if the child otherwise would have been stateless. If this was not the case, it was possible to acquire German citizenship from the mother through a
statement. This option, however, was available only until December 31, 1977. For reasons of restitution, the Federal Office of Administration applies Article 116 (2) of the Basic Law also to these descendants of formerly German mothers.

From 2 (translated with Google):

I. Who can be naturalized? Persons who after 23.05.1949 and before 01.01.1975 as a child of a German Mother and a foreign father are born married and their mother on the day of birth a) was in German citizenship or (b) was no longer in possession of her German nationality, since she was in possession of her German nationality 23.05.1949 according to then valid law by marriage with a foreigner had lost or c) her German nationality between 30.01.1933 and 08.05.1945 deprived of marriage for political, racial or religious reasons before marriage had been.

1 and 2 appear to disagree on someone born to a would-be German mother and a foreign father born between 1953 and 1975.  Would such a person in fact be eligible for Article 116 (2) restoration?


texts: Is it legal to post end credits of a movie to YouTube?

texts:
Is it legal to post "end credits" of a movie to YouTube? This video provides a straightforward example of both what end credits are, and the action in question.

Obviously, it's a part of an original work which is protected by copyright, but one can tell this is not a creative part of work, only meta information.


texts: What criminal laws apply only to certain sectors of the populace on account of their biology?

texts:
I realise that laws vary by country and by jurisdiction within a country. I would therefore invite answers according to the preference and expertise of the person answering. If I have to specify more narrowly then I will restrict my question to first world English speaking countries.

I'm not a lawyer so I will give my own ideas and ask for more qualified people to expand on them.

Men
I presume that a charge of rape can only be pursued against a man or against someone who has the necessary anatomy. Is that right?
Mature individuals
A criminal charge can only be made against people who are over a certain age. Children under that age are exempt.
Human beings
Although in the past, non-human animals could be convicted of crimes. That is no longer the case in Western societies.
Is there a fourth category?

Question

What criminal laws are there that can only be applied to certain sectors of the populace according to their biological status.  (Age, gender, anatomy, species etc.)


texts: Requirement of attribution when reusing Wikipedia articles licensed under CC BY-SA

texts:
All of Wikipedia's content is licensed under the CC BY-SA, and Wikipedia encourages fulfilling the attribution requirement for CC BY-SA by linking to the original Wikipedia article, which contains a page history with all authors attributed. However, Wikipedia deletes articles on occasion, causing page history to become inaccessible.

If I am a (partial) author of a Wikipedia article that was reused under the CC BY-SA by someone else, but then Wikipedia deleted that article (and with it, the attribution), do I have the right to send DMCA takedowns to websites that attributed that work simply by linking to the original (now deleted) article?


texts: What do, "X speed limit while children are present", street signs mean, specifically?

texts:
while I'm driving near schools I often notice street signs that say something like, "speed limit 15 mph while children are present". I am curious what this means specifically. Does it still count if any child is in school? What if they're outside, but in a fenced area? Is there some specific distance from the road that drivers need to be aware of?

What is the specific meaning of these types of signs?


texts: Can I decline an offer I have already signed?

texts: I received an offer letter for a job and they want me to give them a response very soon. I'm still waiting to hear back from other offers. If I sign the offer letter but later on I receive another offer, can I call them back and decline the offer? I've heard of other people doing this before and had no issues. I've found articles saying that you can decline an offer after accepting it, but they don't specify what they mean by "accepting" the offer. Any thoughts?


texts: What are my options for becoming ordained in the United States?

texts: How can I go about doing this?  Google searches yield hundreds of ads for becoming ordained through different websites, but I am hesitant to trust any of them.  I understand that different states have different rules, but there has to be a starting point that is non-religious and easier/less expensive than these google results.


texts: Are open letters protected by freedom of speech? Any court precedents?

texts:
I would like to know if there is legal precedent protecting the freedom of speech in distributing an open letter or something similar.

A friend owns a unit in a condominium, and since day one she has been subjected to random fines and hostility from certain neighbors. The condominium is managed by a private company, and the manager finds every opportunity and every excuse to slap fines on her, for all kinds of random things that she didn't do. She tried and fought back by filing complaints with fair housing organizations, but it has had little effect. The management company retracted some fines but still shows express hate and hostility toward her and fines her whenever they can.

My friend has requested a meeting with the HOA board many times in email to the manager, which have all been ignored or denied. Then an extremely discriminatory and hateful thing against her happened. With her access to the board blocked, she had no choice but to write an open letter to other residents, asking for their help, and leave the letters at their doors. A few weeks later the management company found out and slapped her with several other fines, claiming her act of distributing an open letter constituted a violation. (Funny thing is the section they cited in the Condominium Bylaw in regard to the violation doesn't even exist.)

Are open letters protected under the First Amendment to the U.S. Constitution? Are there other specific clauses on the federal and/or state level that are relevant in this case?


texts: Can you legally do medically approved testing on mice?

texts:
I am looking to see if certain approved medications alter the life span of mice/rats.

I have noticed mice and rats aren't covered with legal protection for some reason https://awionline.org/content/rats-mice-birds

Does this mean my life expectancies test are legal?

I guess my question becomes is my at home expirement considered testing or research?


texts: What are the laws on using a company's logo in a graphic design course?

texts:
I'm making a commercial course on graphic design and one of the sections I go over the types of logos like IBM/CNN/HP/NASA are Lettermark based logos.

My question more so is how can I legally use these logos in my course?


texts: Is telling others how to crack software illegal?

texts:
There's this program from a few years ago that isn't being sold anymore, and there's a simple way to extend the free trial forever by changing the expiration date in a text file.
I was wondering if it would be problematic to write and publish a guide on my website detailing how to use this exploit, since I am not distributing anything.


texts: Is it possible to enter a work into public domain by transfering copyright to a dead person?

texts: If I were to find a dead Canadian, who is deceased long enough that all copyrights they hold have expired, and if this person has no heirs, and if this person has no departing legal requests regarding their legal property (eg: a will), could I transfer my copyright to them, and in doing so end up with my work immediately in public domain with no way for anyone else to claim copyright of it?


texts:
Can I use Country's names in my online championship game to allow players to recruit themselves in for their favourite/geographical nation and play against other nations?

Cases:

Is it legal to schedule a match between say, Czech Republic V Kazakhstan at 13:00 GST where players play as teams against each other.
Is it legal to create a olympic style leaderboard where the medals per country will be counted and displayed.

Thanks.


texts:
One of the provisions of the Convention on the Rights of the Child is that a person under the age of 18 - or else under the age of majority - can not be executed. Two countries - Saudi Arabia, and Sudan - still have the death penalty for juveniles, or, rather have used it since 2009. Iran appears to have abolished it in 2012.

These executions constitute blatantly breaking international law. Here is an excerpt from Wikipedia concerning the Saudi scenario regarding juvenile capital punishment:

  The Committee on the Rights of the Child, which reviewed Saudi Arabia's treatment of children under the Convention in January 2005, strongly condemned the government for its practice of imposing the death penalty on juveniles, calling it "a serious violation of the fundamental rights". The committee said it was "deeply alarmed" over the discretionary power judges hold to treat juveniles as adults: In its 2004 report the Saudi Arabian government had stated that it "never imposes capital punishment on persons ... below the age of 18". The government delegation later acknowledged that a judge could impose the death penalty whenever he decided that the convicted person had reached his or her majority, regardless of the person's actual age at the time of the crime or at the time of the scheduled execution.

The last bit is taken from here. It gives one example of criteria used to determine whether or not a person has reached the age of majority (emphasis mine):

  In September 2005, Human Rights Watch urged the Saudi government to commute the death sentence of 14-year-old Ahmad D., sentenced to death in July 2005 for killing another child when he was 13. The court in Dammam tried Ahmad as an adult based on its assessment of the coarseness of his voice and the appearance of pubic hair.

How do Saudi judges decide whether or not a person has become an adult and is eligible for the death penalty?


texts: Refusal to discharge from a private hospital in New Delhi, India

texts:
I will give a background of the situation.

70-80 year old is admitted to a hospital due to chest pain... feels fine after a few days... hospital pressurized for a endoscopy... endoscopy causes hole in tissues... patient on verge of death but can't be operated on due to age... hospital refuses to discharge... possible reason is rich family (easy source of income for hospital)... hospital blackmails family when asked for discharge even though no scope for improvement in health of patient

I know that there is specific paperwork before admission but I don't know much about that so a source to a sample would be helpful. I would also like to know if the family has a right to discharge the patient (the patient also consents) or they are legally bound. If the former case is true, can the family sue the hospital in case the patient dies? (as per New Delhi, India laws)


texts: Is there liability for distributing someone else's copyrighted material to those with permission to use it?

texts:
For example, multiple companies that resell widgets are given permission by WidgeCo™ to reuse content (descriptions and images of products) from widgeco.com.

As a third-party website provider to companies that resell WidgeCo™ widgets:

Do I have liability by either collecting this content from widgeco.com and providing it on the websites that I create, or by providing a tool to the resellers that does this for them?
Am I legally obligated to verify that these reseller companies actually have the permission? If so, am I also legally obligated to know if/when the company loses that permission?
If WidgeCo™ decides to take legal action against me, does this fall under DMCA exemption since (A) I believe the content is used with permission and thus non-infringing, (B) I am not selling the content and thus directly profiting from it, and (C) I will remove it immediately provided a takedown notice?

WidgeCo™ not only makes widgets, but also provides reseller websites. This means that while my services help to increase WidgeCo™'s widget sales, I also compete with them as a website hosting provider.


texts: Can an Australian freelancing platform refuse to pay money to the freelancer?

texts:
I was hired as a freelancer via an Australian freelancing platform, did the job and got money credited into my account. However, they suspected that my client made a fraudulent transaction and does not allow me to actually withdraw the funds using this line from ToS:

  We reserve the right to suspend a User withdrawal request if the source of the
  funds is suspected to be fraudulent.

Now let's suppose the client will never respond to their request for documents/information. Given that this transaction will not be otherwise found fraudulent/reversed, does the platform actually has the right to indefinitely hold the monies they have no ownership over?

Is there any law that would protect the freelancer in that case?


texts: In what country do police have to clear scenes for EMTs?

texts:
I read this on Reddit:

  Not a lawyer, but work for a law firm as an Investigator.

  One of our clients stabbed an ex-lover multiple times over $100. Perp
  then ran out of the house all bloody. Neighbor and her teenage
  daughter see him covered in blood and rush inside to see if they can
  help while they call 9/11. Victim is still alive. On the 9/11 call the
  daughter made, you can hear the mom singing amazing grace while she
  tried to stop the bleeding. You can also hear the victim, with a stab
  wound in her neck, gurgling on blood while she tries to sing along.

  The EMTs arrived in under 3 minutes, but it took the police 19 minutes
  from the call to show up to clear the scene for them. She lived for 17
  minutes. I saw the photos of the scene with the body still in place.
  It looked like a scene straight from Dexter.

I find it shocking that EMTs would ever have to wait for police (except if they would be putting themselves in danger) before saving someone's life. Of course that someone writes about it on Reddit doesn't mean it actually happened, but is there any western / first world country where that is actually the law?

Edit: When reading through it again, it sounds like this happened in the United States. The currency in question is dollars, the story is written in perfect English, and an English song was reportedly sung. In which U.S. state could this have happened?


texts:
The U.S. Securities and Exchange Commission (SEC) requires the filing of a Form D "to offer and sell securities without having to register the offering with the SEC." This is commonly used to allow privately help companies to raise capital from venture capital and angel investors.

Form D filings are public, and available from the SEC's EDGAR database or from various third parties who attempt to make the data more user-friendly and useful, a great example of which is Rank and Filed.

Having looked through these filings, the question arises: where and how do news sources (such as VentureWire or the Venture Capital Dispatch) discover who the investors are in any given private offering? This data isn't listed on Form D as far as I can tell (only the total number of investors).


texts: Does a GP sending patient info to a hospital without asking for consent violate medical ethics?

texts:
So, let’s say that you went to a General Practitioner (GP) about some pain, got some tests done, and they told you that you were fine; all the tests came back normal.

Then, some time later, they look back over the tests, and notice a condition that they had missed on their first look over them, and promptly sent the patient’s information to a local hospital so that they could book a surgery to correct the condition. This is done without consulting or informing the patient; the first time that they hear about it is when the hospital sends them a letter asking them to book an appointment for their surgery. If they had asked, the patient would have consented, but the patient wasn’t asked. This condition isn’t an immediately life-threatening one; the official categorisation that the hospital gave to it was “Semi-Urgent” which states that the surgery is to be performed within 90 days of the appointment being booked.

Does this violate formal codes of medical ethics, or any professional or legal regulations regarding patient privacy? What would the consequences be for the GP if the patient were to make a complaint to a regulatory authority? This occurred in Australia.


texts:
Does hosting online chat require registering a dmca agent? I'm developing a multiplayer game and would include chat amongst friends and during gameplay. The chat messages are temporarily seen by the users while they are communicating and are not viewable after that.

I would assume that there can't be a dmca takedown notice for just temporary text in a chatroom. But I couldn't find anything in dmca section 512 that makes that clear. Does 512(a) apply to this?

According to 512(a)(3) only the sender must choose the recipients of the message and not the service provider. Does sending messages in a chatroom with random other people who joined count?

According to 512(a)(4) no copy should be maintained for long after the transfer of data.
What if I were to keep internal logs of messages that can't be accessed by anyone else? Would that change anything?

According to 512(a)(5) the material should not be modified as it trasmits through the system. What if I use profanity filters and similar software?

If 512(a) doesn't apply is there another way to avoid having to respond to dmca notices?


texts: To what extent can a country criminalize acts outside its territory?

texts:
Indonesia prohibits pornography.
If someone creates porn in Indonesia, that's illegal.
What about if an Indonesian citizen creates porn somewhere else?
What about if a non-Indonesian is a porn star somewhere else and then becomes a tourist in Indonesia?
Another recent example is this
https://9gag.com/gag/a2WR2je
China criminalized criticizing the CCP government for all people in the world. Can they really do that? Are there other examples of such codes?


texts: Maybe it is a strange question but as a curiosity, if there are pirated softwares installed on our school's computer, is it considered as fair use to take exam using them?


texts: If my neighbour wants to build on the boundary line can he enter my property to construct it?

texts:
If under the Planning and Environment Act of Victoria is there any provision for the owner of an adjacent property to enter another property in order to build a structure on his property.
The neighbour wants to render a brick wall built 50mm from the boundary line. I told him that he cannot and that he should of thought of that earlier.


texts: What would happen if an illegal immigrant's country of citizenship can't be established?

texts:
Imagine a person is detained for being an illegal immigrant in the US, fully admits it, and makes zero attempt to contest their deportation. However, this person refuses to state what country they're from, and the authorities don't find any foreign passport or other evidence.

What would happen to this person, given that the government wouldn't know where to deport them to?

Note that in this hypothetical the person is not claiming to be stateless, and fully admits to being the citizen of some country, but refuses to say which.


texts: Is it usual and cutomary for seller to provide credit card debt amounts and bank accounts to title agent

texts: Got an unusual one.....selling a house, from an estate, as court appointed administrator.  Title agent is asking administrator to provide the consumer credit cards and amounts, of decedent, owed to consumer credit  and a summary of medical debts to be paid.  Familiar with providing mortgage, lien amounts, ect.  Consumer credit amounts seem a bit excessive and, is that customary for an estate property sale.  Medical can theoretically have some bearing, but curious what contemporaries feel about disclosure of medical debts to buyer, buyer agents, and everyone in the chain of ownership of title documents (imagine a HIPPA violation could be a risk...)


texts: Is a Supreme Court ruling the same as a law

texts:
When the U.S. Supreme Court decides something, does it apply everywhere right away or do we have to wait until laws are passed?

Either way, what part of the Constitution says that, or which laws? Links please.


texts: How often are requests for search warrants declined?

texts:
Before law enforcement can search a property, they need to obtain a search warrant (with some exceptions). That is, they request the warrant from a judge/magistrate/court, that then decides whether to grant the warrant or not. It is clear that this system is intended to prevent arbitrary searches, as the judge might simply decline a warrant request if there is no reasonable justification behind it.

How often does this actually happen? I've never heard of a warrant request being declined by a judge, but surely there must be statistics about it.


texts: What are the legal risks associated with a business or organization that provides insurance for fare dodging?

texts: I'm wondering about the legality of a system like planka.nu (Swedish subway fare dodgers) (More info here: NPR article and Planka.nu site) as they would be implemented in the USA.  Is there any law or regulation that might restrict or prevent the formation or operation of a cooperative that charged a fee in exchange for agreeing to cover the fines associated with summary offenses?


texts: How an Advance Medical Directive works in practice?

texts:
I will be signing a DPOA and Advance Medical Directive in a few days, but I live in a different state than the person those documents are for. If that person becomes incapacitated or is deemed unfit to make their own decisions, will I be required to be physically present (for example, to sign something) to make those decisions if called upon?

I live in Washington State, the person I am signing these documents for is in California.

Originally posted in Medical, I was told this question was better suited for Law. It is possible that there is not enough overlap between the two SE sites to arrive at an answer to this question, which is also an acceptable answer. If that's the case if anyone knows a plausible next step in answering this I'd appreciate it.


texts: Emergency vehicle laws in the United States

texts:
In the United States it is commonly taught and practiced that when you see an emergency vehicle coming from behind you with its lights and/or siren going, you slow down and pull off to the right-hand side of the road to allow the emergency vehicle to pass on the left.

Generally, this is not a problem, however, there is at least one instance where this is not ideal.

  In a hilly area, or immediately following a left-turn, the driver does not notice the coming ambulance until it is close and quickly determines that it is too risky to cut all the way across the road from the left-hand side to the right-hand side before stopping. There is not much traffic, so there is still plenty of room for the emergency vehicle to pass.

A very similar situation occurred for both my wife and myself. In both instances, the ambulance stopped directly behind us and honked until we moved to the right-hand side of the road in spite of the fact that there was ample room for them to pass.

Is there something in the policy for the drivers of emergency vehicles that simply prohibits them from passing traffic on any side but the left? I know in extreme circumstances, they can even carefully drive through oncoming traffic.

In a situation as mentioned above, should one simply cut across the road in front of the coming emergency vehicle?


texts: Publishing anti-forensic hard drive firmware

texts:
Forensic write-blockers, such as the TD3, sequentially copy data from one hard drive to a second drive ("cloning" the drive) while preventing the first hard drive from receiving any write commands. This is done in order to avoid the claim that the evidence was modified during the cloning process.
Hard drives contain firmware that determine their behavior and in some cases this firmware can be modified. What laws influence whether or not an individual can publish modified firmware and installation instructions for a hard drive which causes it to initiate an internal erasure upon detection of drive cloning? What laws influence whether or not another individual can use said firmware?

Consider the following hypothetical scenario: Alice creates this modified anti-forensic firmware and publishes it in open source form. Bob puts this firmware on his hard drive. Some time later, Bob's computer is confiscated by police. Rather than physically removing the individual platters within the drive and putting them in a drive whose firmware they control (an expensive and risky process), a forensics lab simply attaches a write-blocker and attempts to clone it. The hard drive firmware detects the cloning in progress and initiates an automated erasure, destroying the only copy of evidence.
Assume neither Alice nor Bob did this specifically with the intent of interfering with lawful digital forensics processes. Alice published this because it was a cool proof-of-concept she had made, and Bob installed it to prevent thieves from copying his hard drive. The firmware has no way to distinguish between cloning the drive for illicit purposes and lawful collection of evidence with a write-blocker.


texts: What does "possible" mean in this compensation context?

texts:
This article is titled "Paddington station: Commuter gets £27k for 'possible pigeon poo slip'". Later in the article is say the compensation was payed out after "possibly slipping". Finally, it references a "possible lacerated finger" as a cause for compensation payout.

What does possible/possibly mean in this context? Is it that cause was possibly the fault of the party making the payout or that it was possible that the slip happened, or some other meaning?


texts:
I can have a 6-months J1 visa to work in the US and I'm wondering how I could stay working in the US after the visa expires.

On http://j1visa.state.gov/basics/common-questions/ it says:

  My visa has expired during the program. What do I do?

  If your visa has expired and you do not plan to travel outside of the U.S., you do not need to renew the visa.

So, is it legal to stay in the US after the visa expires?

Also, what about my girlfriend, could see come too?


texts: Legal to mine bitcoin when on U.K. benefits?

texts:
I am a uk citizen lining in England who is currently on ESA benefits since I cannot work at the moment.

I understand that I am only allowed a certain amount of money in my name at a time and if I have more, my benefit income may be reduced.

If I were to spend some of the money on cloud mining in bitcoin, would that be legal? Would I have to declare it or affect my benefits etc.?

If someone knows the answer, please could they link their sources so I can read through them please?


texts: United States: Can an insurance company sell a policy that pays fines and costs incurred by the policyholder knowingly breaking the law?

texts:
Is it legal in the United States for an insurance company to sell a policy that pays fines imposed on a person or corporation as a result of the policyholder knowingly breaking the law?

An example of such a policy for individuals is DWI insurance: A motorist buys a policy that will pay fines, fees, a motor vehicle interlock, alcohol education classes, attorney costs in the event that the motorist is charged or convicted with driving while intoxicated?

An example of such a policy for corporations is a policy that pays fines imposed on a company for violating environmental regulations in the event that they get caught. A factory is knowingly discharging emissions of a controlled pollutant at a level over the legal limit. They (and the insurer's underwriters) know they probably won't get caught, but if they do, the policy makes the softens the blow of getting caught.

Are there laws in place in the United States that forbid this type of insurance policy, either at the federal level  or at the state/local level?


texts:
In the US, what are the steps that lead to prosecution (or otherwise)?
By way of example

Rep. Maxine Waters (D-Calif. ) traveled to Minnesota this weekend,
urging protesters to "stay in the street" and to even become "more
confrontational" if former Minneapolis police officer Derek Chauvin is
acquitted of killing resident George Floyd this week.
https://www.youtube.com/watch?v=we7ikgSeABU

Some people believe that the above is incitement to violence and perhaps more. They say that Waters 'should' be brought to trial for this.
Question
In such a case, what are the steps? As a non-lawyer, non-US-citizen, my guess is the following:

Someone (anyone?) complains to the police.
The police are obliged to investigate (?)
The police seek evidence, such as the accused person talking on video
They forward this evidence to someone for a decision on whether the case is strong enough
The case is brought or dropped

Are my guesses correct?  What details have I missed?


texts: If there is no EULA with a program, can a person use it?

texts:
It's my understanding that programs come with a EULA (End User License Agreement) to inform the user that they are allowed to use the software but under certain conditions.

Hypothetically speaking, if a program doesn't come with a EULA, does that mean someone in possession of it (who isn't the owner) would be breaking the law if they used it? For example if someone found a USB stick lying on the ground and it had software on it but no EULA, could they use the software?


texts: Worst realistic effect in the U.S. of JSLint license?

texts:
The JSLint license specifies that code "shall be used for Good, not Evil". It's been a source of (what appears to be) alarmist and ridiculously overblown controversy for a while now.

I've noticed this conversation tends to attract a lot of developers who really like open source, know next to nothing about the law, and reach the conclusion that this might have real legal implications.

I'll freely admit I'm a developer who knows next to nothing about the law, but it seems obvious that since the license makes no attempt to precisely define either "good" or "evil", and they don't already have legal definitions (as far as I know), or even consistent definitions in common parlance, no sane judge would attempt to enforce that part of the license.

Then again, my uninformed opinion is just as uninformed as all the uninformed opinions I'm disagreeing with, so I could be completely off base with my analysis.

So what is the worst thing that could (realistically, legally) happen to someone using JSLint because of that specific section of the license?


texts: What is the point of sending a demand letter?

texts:
Usually disputes don't happen out of the blue, usually things lead up to them. If the parties positions are clear what is the point of a formal demand letter before suing?

For example if person x sent an invoice to company y and they are ignoring his messages and phone calls, why not go straight to court instead of sending one more letter?

Can a demand letter be limiting if the plaintiff changes their mind about the compensation or charges? For example if the plaintiff sends a demand letter for $1000 can they change their mind to $2000 when going to court?


texts: power of attorney in an elder abuse retraining order hearing in california

texts: In California can a son or daughter with a Power of Attorney, but no legal experience, represent a parent with dementia against another sibling in an elder abuse restraining order hearing? Also, can the one with Power of Attorney file the request for a restraining order on their parent's behalf?


texts: Instructor feels homework demonstrates student is a public hazard, can they show it to a mental health professional for confirmation?

texts:
There was a question asked on another forum.
An instructor received a student's project assignment and was very disturbed by the contents (it was a diary of a serial killer which included splattered blood on the pages and drawings of a disturbing nature - yes, it did meet the assignment's criteria).

My guess is that they have a Stephen King on their hands, not a serial killer - but with school shootings becoming more common, how would I know?
Anyway, just in case it could save someone else, I advised they take it to a mental health professional for review (just content; no name).

In case the professional thought it was disturbing (not creative writing) I added this near the bottom:

  Don't tell me that when someone poses a credible threat to the public the name can't be disclosed, maybe you can't disclose it but someone or some process can. It would be bad to hear that they need the name today, and you don't know if you can, and you don't know who they can talk to about it.

So, I know that there are laws that protect student grades/identities/etc. and I'm not opposed to those.

If a psych has a duty to report actionable things to the police if a patient confides them (not patient confidential protected) I figured it would probably be legal for an instructor to take something that disturbed them to a mental health professional for a consult to ask if that professional thought it was disturbing... or if it just looked like creative writing.
(No student data released at this point except showing the assignment; name concealed)

Two comments are basically saying that they don't think it would be legal.

So here's my question:
Would an instructor be legally allowed to show an assignment to a (non-specific) mental health professional because they thought it was so disturbing that maybe the public was threatened/endangered?
To keep it simple let's assume the student isn't a minor and isn't in High School.

I'll happily delete my answer if they cannot.

P.S.
1. I did ref law.stackexchange but no on else posted anything.
2. The closest thing I found searching this site was a reference to the Joint Guidance on the Application of FERPA and HIPAA - which seems only to concern info collected by the school (not assignments) and who this can be disclosed to.


texts:
Been doing a lot of research in a few separate fields of law, and I'm trying to understand how the peices combine in the following presenting what legal tools to solve the matter.

Scenario:

If a contractor produces some IP for a client (e.x. writes software), the client claims they're unable to pay for any of it, then a significant time later the client gets aquired as part of an asset aquisition for an amount less than what's available to pay all creditors (at this point it's more than just the one contractor), what legal tools does the contractor have to get full payment?

Key parts to this equation:

It's an asset aquisition
No payment has been made for the work
There's not enough money to go around (between debts, legal fees, employees, etc.)
Contracts signed at the outset of the project assigned the IP of the work to the client

My guess to the answer is:

File a notice in the PPSA (Canadian law) aka a lien. However there was no prior sales agreement stating the work done is collateral. Perhaps this can be assumed because it's not paid for?
Remove the client's access to the IP. This would be a breach to the initial contract according to https://law.stackexchange.com/a/42865 and put the contractor at risk of damages if this causes the aquisition deal to fall through.
Client pays everyone pro rata?
Sue? This could destroy the deal perhaps, or maybe it would put the right pressures to get the money.


texts: Can I release someone else's work under creative commons or some other license, if its fair use?

texts:
Okay, let's say a website has some content. You can take a small amount, what would usually constitute fair use, and incorporate into a larger work. You know put this under a creative commons license or MIT or some other license. Am I allowed to license this work to people?

I don't this directly breaks fair use, but I don't think I can license it, since this would be giving others the right to violate copyright, which I can not do.

Based on a discussion here and here.

Note: Let's say that you required to license the entire work under the license, not just parts of it (such as required by the SE TOS).


texts:
last week I was in London for some sightseeing. In a park, I saw a lot of squirrels, and most of them were quite tame, came to other people, climbing on their trousers and ate out of their hands. I think we all can agree that squirrels are awesome and with animals so tame, the thought of taking one away with you comes to mind.

Apart from the question of whether you should do that (which I would answer with a definite no, the flight in the plane alone would propably be too much for the little guy), I would be interested if there would be a legal way to do that.
I come from Germany and traveled by plane. Would it be legal to do that?
I think you would at least have to take the animal to a vet and get some sort of certificate that the animal is healthy and don't has any diseases. Are there specific laws that prohibit taking a wild animal from a different country and make it your pet?

I know, it may be a funny question, and I wouldn't want that anyone would do something like this, but I'm really interested in the answer to that question.


texts: Compensation for working more than contract states

texts: The employment contract that I signed specified that I work a maximum of 20 hours a week. For the past two years I've been scheduled more that, around 24-40 hours a week. Does this entitle me to additional compensation, such as overtime?


texts: Does The Crown have the authority to restrict the rights of a Royal family member?

texts: An issue that somehow got lost in the recent Meghan and Harry allegations is the claim that Meghan had to give up her driver's license and keys. The only reference to legality of this action I found was this article in which several Royal family experts express doubt that The Crown would actually deny her the possessions. However could the Queen act in this manner since she isn't legally accountable?


texts: How to gather Compelling Evidence to prove that business is fraudulent?

texts:
My friend's small business agreed to a one-month risk-free trial service from one Credit Card Processor company. However, she did not like the service, because it did not live up to verbal promises made by sales person - monthly processing fees actually increased with them compared to the previous processor company. And now this credit card processor company auto-charged her $840 as ETF (Early Termination Fee) even though she gave them a notice within one month that she does not want to continue service with them once the trial is over.

My friend does not have written contract - either nothing was signed on a paper at the time of signing up for service or they did not leave her a copy of written contract. I actually would not be surprised that there is no written contract in the first place, because other their customers are complaining about exactly the same issue on Better Business Bureau and YP websites that they don't have "written contract". This company also is not sending us a copy of contract - they simply told us that they don't have a file with us and hanged up the phone. However, I have to admit that this would be bold and dumb move by this company to practice such fraud if they really don't have a written contract.

My goal is to help my friend to dispute this $840 ETF (Early Termination Fee), because to me this seems like a typical fraud scheme where:

sales person over promises that service will be better than the current one.
once victim realizes that service is worse, she (or he) tries to terminate it within this 1 month trial period.
then credit card processor company charges Early Termination Fee of $840 which is ridiculous.

My concern is that I don't have a copy of written contract and I actually don't know if one exists in the first place so I have to gather evidence via other sources.

If this case would go to court where we have to prove that this company is practicing fraud, what would judge consider as "Compelling Evidence" to waive the ETF and void the written contract, if there really is one?

Since I don't have much experience with Court I am not sure what evidence judge would consider as compelling enough:

If I would manage to get other mistreated customers to testify?
If I would manage to record a phone call with their customer service representative where he would admit that service was actually free for a month? They don't seem very professional and I thought to try this out, but how can I prove authenticity of this call to the judge?
If I would get in touch with one of their ex-employees and try to get them to confess at court?

Any other ideas what could be done here?


texts: How can a restaurant, Old Homestead Steakhouse, continue their false claims of selling Kobe beef?

texts:
About a year ago, Inside Edition reporters first revealed that two high-end restaurants in New York City, La Bernardin and Old Homestead Steakhouse, were serving beef that they claimed to be Kobe beef, which was untrue, given that there were only 9 certified Kobe beef locations in the United States, and neither of these restaurants are certified.

When both restaurants were exposed on television and on YouTube, La Bernardin apologized to their customers and have since changed their menu back, stating that the beef was "Japanese wagyu".

However, Old Homestead's owner became contentious with the reporters and felt no remorse for charging $350 dollars for fake Kobe beef.

What's surprising to me is that is it still on their menu today, and still sells for $350 dollars.

So my question is: how are they able to continue doing this, without facing hefty fines / being reprimanded for false advertising?


texts: Laws regarding amateur chemistry sets for lawful and safe exploration of science

texts: Last week a squad of 20 members of the weapons of mass destruction division of the FBI shut down my block and raided my apartment. They didn't find what they'd expected to find (basically they found a nerd with a chemistry set) but it reminded me there has got to be some degree of civil regulatory oversight of possession and use of chemicals and safety standards and the like. I live in California and also spend a lot of time in texas. I'm hoping someone may be able to provide a reference to either the codified location of the law, or perhaps even be familiar with what (if any) restrictions there would be for a person playing around with chemicals in their dwelling.


texts: What might've spurred the demand of repeating facts in the Plaintiff's Claim, instead of referencing their paragraphs?

texts:
Source: Ontario Small Claims Court - A Practical Guide (2011). p. 166 Bottom.

  §8.34 It is essential for the drawer of the affidavit (who might be the plaintiff
  himself or his representative) to understand that the affidavit must contain
  facts to substantiate the plaintiff's entitlement to damages. That means that
  the facts relating to the issue of damages that were set out in the Plaintiff's
  Claim must be repeated in the affidavit. So many drawers of the affidavit
  make express reference to the Plaintiff's Claim without restating the facts
  contained in that document or they simply attach to the affidavit a copy of
  the Plaintiff"s Claim. Neither method is correct.

This demand feels wasteful (of attention and time, in rereading the same facts)? What's wrong with mandating litigants only to reference paragraph numbers for the facts in the Plaintiff's Claim?


texts: Can a judge question me about facts of my case?

texts:
I'm the defendant in a Maryland traffic case. It's an automated traffic enforcement ticket (red-light camera). I'm pleading not-guilty and have requested a trial. I'm not a lawyer but I have spent a lot of time in court successfully fighting traffic tickets and I have some legal background.

In my observation these red-light camera trials are usually perfunctory open-and-shut affairs where the defendant stands little chance of winning. Most of the time, they don't even have a good legal argument. There is little formality and the defendants hardly ever insist on asserting their full legal rights. Sometimes when they do, the prosecution and judge are caught unprepared. I hope to exploit this unpreparedness to win my case.

In a normal trial, the prosecution gives it opening statements, then the defendant gives their opening statement, then they cross examine each others' witnesses then they give closing statements. If one side fails to ask a question during the cross-examination, they cannot return to the cross-examination after the closing statements have started. Right?

But I have frequently seen traffic judges asking important questions about facts right before issuing their verdict. "How fast were you going?", "Did you have your turn signal on"? These seem to be questions that should have been asked by cross-examiners -- not the judge. If the prosecution failed to make their case when they had the chance, the judge should not help them by asking questions they failed to ask, right?

If -- after my closing statement -- the judge asks me factual questions that the prosecution forgot to ask, is it legitimate for me to raise an objection about it? Do you think its likely to be upheld? Would a good objection be something like "Your honor the prosecution has to make its case without this court cross-examining on its behalf"?


texts: Do sports figures control the right to use their name in a game?

texts:
In sports game simulations, do real people control the ability to use their name?

I am not talking about their likeness, only their name. So, for example, if there is a game that uses generic figures that do not represent specific people, but give them real player's names, does that require permission? Another example would be a sports statistics program. Imagine there is a sports statistics program or a sports betting game. Does the software designer need to get permission to use the names of real players in his program?

If so, what is the specific law that controls it in the United States?


texts: How will changes to section 21 affect me?

texts:
The following question relates to English housing law.

Following on from the news today that the government plans to abolish section 21 evictions I was wondering how this affects my current circumstances.

For the last 4 years I have lived in a property which I rent. My financial dealings are with a letting agent who act on behalf of the landlord.

When we moved in initially we were required to sign a 12 month contract. Before the end of the 12 month contract we were served a section 21 and told that if we wanted to stay we would need to sign another 12 month contract rather than allowing the existing tenancy to roll on. This has continued since I've lived here.

I imagine the main motivation behind this practice is two fold:

It guarantees the property is filled for another year
It allows the letting agency to charge extortionate signing fees every year.

Will this change in law effectively mean that my letting agent/landlord can no longer do this, i.e. I can actually move onto a 'rolling' contract at the end of the 12 month period and therefore also cannot be charged another signing fee?

In the addition to the above how long do acts like this take to pass through law? My contract is up in July this year (2019). What are the chances it will come into force before then?


texts:
The Pontifical Biblical Commision of the Vatican produces documents in several languages - but not in all of them. For instance, the document L'interprétation de la Bible dans l'Église (The Interpretation of the Bible in the Church), published in April 15, 1993, is in German, Italian, Portuguese, Swahili, and Ukrainian. I was looking for a copy in Spanish (as I do not know any of those languages), and found this pdf. It mentions no translator, nor does it acknowledge the copyright of the Vatican on the original document.

But, does the electronic text in the Vatican website (in any language) has copyright? Well, as this was published in 1993, probably in a printed book, it must have a copyright. There is no mention to it however in the website.

Now, assuming the document has a copyright, is the pdf version in Spanish infringing the copyright of the original document?

Reasons why it should:

it's a translation, which require official permission.
it's the whole document, and so not under fair use

Am I right? If so, would the only way to produce a legal pdf version of a full (copyrighted) document of the Vatican website require to ask permission for it?


texts: Can I use the term "tweets" for posts at my own site? And if I put the word "tweet" in quotes?


texts: Are people allowed to use photos for commercial products that contain a logo?

texts:
I was looking on unsplash when I came across this photo https://unsplash.com/search/gaming?photo=eCktzGjC-iU

Now, under unsplash's license agreement, people may use these photos for commercial purposes. However, this photo clearly contains the logo of a game company known as "playstation" on the controllers. So...is it actually legal to use that photo for commercial purposes? Or is unsplash about to get sued? Or...what?


texts: Difference between an affirmative defense and defense

texts: I am trying to understand the nuances of using the adjective affirmative in the context of affirmative defense.  How is an affirmative defense different from a defense (sans any adjective modifier)?


texts: Can you disown a child that is not your own?

texts:
I am wondering about this question - can you are disown a child if he is not your own?

Imagine a situation when you signed the birth certificate of your wife's child not knowing he is not your biological child. One day, you somehow finds out and divorces her. Do you have any obligation to this child even though you (arguably were deceived to have) signed his birth certificate?

I am curious how various country would treat this case.


texts: Is the warranty valid by the day the product presents a defect or by the day the customer complains about the defect?

texts: As an example, if a washing machine has a warranty of 12 months and it presented a defect 11 months and 29 days from purchase and the customer reported the product to the manufacturer 3 days later, just after the end of the warranty, is the manufacturer still liable to fix the defect?


texts:
I went through this Wikipedia page wikipedia.org/wiki/Ministry_of_Minority_Affairs. It says

minority religious communities in India, which include Muslims, Sikhs, Christians, Buddhists, Zoroastrians (Parsis) and Jains notified as minority communities in The Gazette of India under Section 2(c) of the National Commission for Minorities Act, 1992.

And based on that I have three questions:

Why is Judaism not included? To the best of my knowledge the Jew community is a minority community in India.1

Does the definition include scope for newer entries?

Are neo-converts also termed minorities?

1: https://en.wikipedia.org/wiki/History_of_the_Jews_in_India


texts: What to do about images whose author is unknown?

texts:
Just as an example, images like this http://www.wallpapersxl.com/wallpaper/1366x768/lord-of-the-rings-nature-69103.html are all around the web. They all feature the lotr ring inscription, and backgrounds in different colors. They appear on many wallpaper sites, and are used on websites by many people. Is that legal?

I was unable to make out the original author, because everyone is using them and apparently no one cares about giving sources. Could I use images like this in my own projects?


texts: Landlord provided photos and information for a different apartment

texts:
I recently rented a unit sight-unseen (moving across country while working). The building had good reviews from previous tenants and the property manager provided photos of the unit.

Upon moving in, the photos I was provided are of an entirely different unit. The unit listed on the lease is missing appliances, shows water damage, and was built to be accessible (very low counters, low toilets, no rim on the shower pan, etc.).

I'm frustrated both with having been obviously misled about which unit I was renting and am in constant discomfort from having to work on lowered surfaces.

I've browsed local websites and other questions here for a discussion of being misled by a landlord, but can't find what an appropriate action might be.

Ideally, I would like to terminate the lease without penalty (and move to a different apartment). Is there a course of action that enables this?


texts: Where to find the Vatican copyright law?

texts:
This article writes about the current copyright law in the Vatican City State. It claims there is a new law from March 19, 2011, no. CXXXII.
Where can I find this law? According to this Vatican website the Vatican laws are published "in a special supplement of the Acta Apostolicae Sedis". The normal AAS can be found here, but this does not include the special supplement.
Does anyone know a (online) resource where this supplement or the text of the copyright law can be found?
The Pontifical University Gregroiana has the supplement in its library. If there is no online resource, does someone know if it is normal for theological faculties outside of Rome to have this supplement in its library?


texts: How to count study-years toward Polish law for Permanent Residency

texts:
I studied in Poland for 4 years. How many years count according to:

Art.212.1.   Do   5-letniego   okresu   pobytu   na   terytorium   Rzeczypospolitej Polskiej, októrym mowa wart.211 ust.1, zalicza się:
3)połowę okresu  pobytu  na  terytorium  Rzeczypospolitej  Polskiej –wprzypadku cudzoziemca przebywającego na terytorium Rzeczypospolitej Polskiej:
a)na  podstawie  wizy  wydanej  wcelu,  októrym mowa wart.60  ust.1  pkt9 lub 10, lubb)na podstawie zezwolenia, októrym mowa wart.144 lub art.187 pkt1 lit.b

Article 212.1.  The 5-year period of stay in the territory of the Republic of Poland, referred to in Article 211 section 1, includes: 3) half of the period of stay in the territory of the Republic of Poland - in the case of a foreigner staying on the territory of the Republic of Poland: a) on the basis of a visa issued for the purpose for which  referred to in Article 60 (1) point 9 or 10, or b) on the basis of a permit referred to in Article 144 or Article 187 point 1 (b)

AND

Art. 212.2.Do   5-letniego   okresu   pobytu   na   terytorium   Rzeczypospolitej   Polskiej, októrym mowa wart.211 ust.1, nie zalicza się pobytu cudzoziemca:
3) w okresie jego nauki na terytorium Rzeczypospolitej Polskiej;

Article 212.2. Up to the 5-year period of stay in the territory of the Republic of Poland, referred to in Article 211, paragraph 1, the stay of a foreigner shall not be included: 3) during the period of his / her education in the territory of the Republic of Poland;

http://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20130001650/U/D20131650Lj.pdf


texts: Do alcoholic ingredients in food prohibit distribution to minors?

texts:
I just received a supply of Member's Mark Beer Cheese from Saint Mary's Foodbank in Phoenix, Arizona USA, and I am only 20 years of age.  The ingredient label confirms that Beer Cheese contains beer.

Is it legal to distribute foods that contain alcohol to people under the legal drinking age?


texts: Were the barristers for May Donoghue (before the Judicial Commitee of the House of Lords) pro bono or paid?

texts:
Source: p 127, Is Eating People Wrong? Great Legal Cases and How They Shaped the World (2011) by Allan C. Hutchinson

    Undaunted, Leechman made the final maneuver available
  to May – he applied for leave to appeal to the Judicial
  Committee of the House of Lords, the highest court of appeal for all cases in the United Kingdom, including Scottish cases.
  Her petition to appeal in forma pauperis was presented on
  February 26, 1931, and granted on March 17, 1931. All was
  now set for the final showdown in which there was much
  more at stake than the commercial relations between gingerbeer
  manufacturers and their clients.
    [Glaswegian Solicitor Walter] Leechman, but not May, traveled down to London to listen
  to arguments in December 1931. As was and remains the
  custom, local lawyers brief more senior counsel on such occasions.
  May was represented by George Morton (king’s counsel)
  and W[illiam] R. Milligan, who was later to become Scotland’s
  lord advocate.

The source above, Wikipedia and MRS. DONOGHUE’s JOURNEY1 by
Martin R. Taylor QC
all state that Solicitor Walter Leechman (altruistically, benevolently) acted freely to represent May Donoghue; but they do not clarify whether the two barristers (bolded above) were paid or pro bono?

1Originally published in Donoghue v Stevenson and the Modern Law of Negligence, Continuing Legal Education Society of British Columbia, 1991


texts: UK - how are jurors replaced after having been dismissed?

texts:
In England, after a prospective juror has been rejected (say for cause), how is she or he replaced?

I see from http://www.inbrief.co.uk/legal-system/jury-selection-process.htm# that

  The selected jurors are most commonly divided into groups of 15 and then assigned to a court case. The court clerk will select 12 out of the 15 potential jurors at random to sit on the jury. [...] If the courts require the juror to stand down then one of the remaining 3 jurors that was not originally selected will fill the space.

My questions are :

Do I understand correctly that a juror is picked at random among the 3 remaining jurors to replace the one that was dismissed?
Can this replacement juror also be challenged?
What happens if more than 3 juror end up being dismissed? Where do the replacement juror come from then? (subsidiary question: does that ever happen?)
Do the parties know anything about the 3 potential replacement jurors, or do the parties know only about the potential jurors currently sitting in the box?

Note : if possible, I would very much appreciate if answers could point to references from official sources.

Hope that's not to many questions at once.


texts: Differences between Detinue, Conversion, and Trespass to Chattel in U.S. law

texts:
In U.S. law do practical distinctions exist between the torts of detinue, conversion (by detention), and trespass to chattels?

In particular, is it conceivable that each of those torts could be named as a separate cause of action in a single pleading on the same factual allegations?  If so, how would the statement of cause and demand for relief differ for each tort?

Or if they would not be used in the same pleading, can you provide minimal examples that would discriminate between the most applicable tort?


texts: Can an employer claim defamation against an ex-employee who has claimed unfair dismissal?

texts:
In UK law, in a case where an ex-employee claims unfair dismissal against their previous employer. However both claimant and employer settle before Tribunal Hearings through negotiation of a COT3 agreement. Can the ex-employee later face defamation claims by the employer regarding their dismissal?
For example, the ex-employee claims their dismissal is because of reason X while the employer has claimed at the time it is categorically not because of reason X but Y & Z. The ex-employee mounts their tribunal claim on the fact that Y & Z have not resulted in dismissal for other staff so X must be the reason. If the claimant shares their believe that X is the reason for dismissal, with friends or colleagues, can they later face defamation charges?
I understand Defamation in the terms of this HSE page.


texts: Can a president legally issue an executive order prohibiting someone form becoming the next president?

texts:
Source

President Donald Trump ramped up attacks against his opponent, Joe
Biden, calling Biden the "dumbest of all candidates," and went so far
as to declare, "maybe I'll sign an executive order that you cannot
have him as your president."

Would that be legal?


texts: Can I use other brand name in advertisement when manufacturing peripheral?

texts:
For example, if I manufacture mouse for Apple computer, can I advertisement that my mouse is for Apple computer? That is, use the Apple name in my advertisement.

Can Apple prevent me from saying that "my product is for Apple computer"? If that is the case then how can I tell the customer that my product is for Apple computer?


texts: Is there any need for "except as required by law" notices?

texts:
In the US, do notices like "except as required by federal, state or local law" in contracts have any purpose other than to serve as a reminder to the reader/party?

If something is required by federal, state or local law, then surely it overrides any contradicting clauses in the contract, so can these notices be omitted without change to the substance of a contract?


texts: Can a fine incrue interest? Can a fine be/become unreasonable?

texts:
In the United States, there are certain situations where you must pay a fine that government in the United States puts upon someone.

However, is it legal to impose a fine greater than what a person is capable of paying? Let's say a homeless man (no income, no assets) commits a felony, and must pay back a fine of $100,000. Is that legal? Most laws say that X felony/misdemeanor deserves "a maximum of $X fine, X amount of years imprisonment, or both." Anyone can serve imprisonment. Not everyone can pay a fine.

If it is, what happens when they don't pay the fine? Can the fine incrue interest? Can you declare bankruptcy on a fine?


texts: Tenant facing issues with landlord agent (GA, USA)

texts:
We recently signed a 1 year lease for a house. A realtor was representing the landlord. We moved in about 2 months ago.

At the time of move-in, the realtor gave a walk-through of the house and filled a form documenting all damages. We asked a copy of the filled form, but he said we can take another 1 week to find other problems and he would add that to the form and send us the final one. It has been 2 months and he still has not returned us the form. We have requested him multiple times via email, text and phone call.

Also, the rent includes a pass to the condominium amenities which he has not given us yet despite several attempts to request one. Finally, there is a bathroom with a broken toilet bowl which we found out in the first couple weeks (since this house has multiple bathrooms we did not use this for a while). Again, he has not fixed it despite several requests.

What are my options now? Is there a way I can make a new move-in inspection sheet with all the damages documented and attested by lawyer or something. There is already some tension in the relationship, and I ma not sure if I want to write him a strongly-worded email to push him a little bit. I am worried that he has my 1-month deposit and he is going to make sure I lose all of it.


texts:
The current wave of sexual abuse allegations are (often) about actions that happened a LONG time ago (15+ years). I thought that, due to the long time, these crimes will be time-barred.

Is this true? or can the accused be prosecuted for old crimes?


texts: Can I have a patent by discovering new application of a chemical compound

texts:
A compound called CxHyOz in the history has been discovered as an antibiotic for killing bacteria.
But in the future when I discover a new application of it, for example I can use it as an efficient treatment for diabetes that no one discovered before. Is that possible for me to register a patent for this new discovery?

What is the benefits of registering this kind of patent?


texts:
Why the duplicative language at the end of Art. 1. Sec. 7 as to the process for presenting and vetoing legislation in the last two paragraphs?

Article 1, Section 7:
1: All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
2: Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
3: Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.


texts: Is it actually illegal to escape from a prison or will it just have effect on increased sentence in practice? I heard something that in Sweden where I live it is not illegal to escape, but is that no matter what you did?


texts: Are employees in the EU more protected than in the US for sexual harassment?

texts: For example, I know someone who was hired in the US for companyX. CompanyX has three locations, one in the Netherlands, one in the US, and one in Australia. CompanyX told my friend that he must work in the Netherlands for 4 years and afterwards will be working in the US branch. To my knowledge, my friend is working on a visa. If my friend sexually harasses someone on the job, is he tried based on US law or EU law? And if it's EU then is he more protected than in the US?


texts: Municipal judge says arguments without merit are not allowed in New trial ordered after appeal

texts:
A new trial was ordered by the appeal court and ordered to allow previously denied discovery video into evidence. Along with requesting supplemental evidence, I also argued to acquit for the traffic violations, but the appeal opinion only said arguments for acquittal to be without merit. It didn't explain why the arguments were wrong.

The municipal judge says the new trial can only be about the the discovery video and that arguments made in the original can not be repeated because the appeal court said the arguments were without merit.

The municipal judge asked if I understood and I said no. The judge didn't explain when I tried to ask him what is allowed in a new trial. He got upset and told me to leave.

What is a new trial?

Can't I try to argue my case better in a new trial?

Does a new trial have to be limited to only new evidence?

It sounds like the officer witness from the original trial doesn't have to testify again.

What does the appeal court mean when my arguments were without merit? I thought it meant I just didn't support it well in the appeal brief, so they don't explain why the argument was wrong, but I get to argue again at the new trial.


texts: What are the penalties for filing a false report to Child Protective Services?

texts:
I have essentially 3 questions:

1) If someone knowingly files a false report of child abuse to an organization which oversees child welfare (ex Division of Family and Children Services in Georgia), and is found to have done so - have they committed a crime?  What are the penalties for this action?

In some states, the answer seems to be pretty clear.  Arizona, for example, has AZ Rev Stat § 13-3620.01 (1996 through 1st Reg Sess 50th Legis) which states that:

 A. A person acting with malice who knowingly and intentionally makes a
false report of child abuse or neglect or a person acting with malice
who coerces another person to make a false report of child abuse or
neglect is guilty of a class 1 misdemeanor.

B. A person who knowingly and intentionally makes a false report that a
person has violated the provisions of subsection A of this section is
guilty of a class 1 misdemeanor.

However, my understanding of this document on childwelfare.gov is that this is not a federal crime, and that penalties vary by state.  According to the same source, 22 US states and territories do not specifically mention any penalties for false reports of child abuse* - does this mean it is not a crime in those states?

2) What might happen to an individual who knowingly files a false report of child abuse, and then submits a signed written statement indicating that this took place along with an apology and some sort of justification?

3) What justifications might permit such actions without consequences?

Some examples:

A mental illness which is usually treated by medication that went temporarily untreated

An appeal towards some great emotional distress

Say Jane Doe calls child protective services to report that her nephew, John is being mistreated after she has been unable to see her nephew for months because of an argument with the child's parents.  Jane is very fond of John and cares for him like a parent.  She becomes so worried about her nephew that she calls cps because she is (unreasonably) afraid that he might not be eating enough.  Has Jane committed a crime?  Is there any way for Jane to recount her false report without admitting to committing a crime?

*This document claims that in regards to false reporting of child abuse in Alabama, Alaska, American Samoa, Delaware, District of Columbia, Georgia, Guam, Hawaii, Maryland, Mississippi, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Northern Mariana Islands, Puerto Rico, South Dakota, Utah, Vermont, West Virginia, and Wisconsin:

This issue is not addressed in the statutes reviewed.


texts: Life in prison is already long enough, why add 30 years?

texts: Saw the original sentence for Adnan Syed and I couldn't understand why it's life AND 30 years. What does that mean?


texts:
I was trying to find a definitive answer to this question but it seems to be very hard. My DVD collection is rotting in the sense that soon some of them become unusable since the discs are so old. In many countries there is a law which states that you cannot bypass a copy-protection measure in order to make a backup of the rotting DVD's.

Technically some copy-protections are implemented simply by encrypting the contents of the disc. Personally, I would argue that if I do not decrypt the contents of the disc and simply make a backup of the encrypted data, I am not bypassing any copy-protection.

Is there any cases that confirm or object this viewpoint?

I'm not located in the US but I'm interested in the US copyright law as ours is very similar to it. In my country some guy turned in himself to the police in 2006 on a slightly similar case since he wanted to find out whether decrypting DVD's for watching is OK using non-licensed open source software. The court of appeal decided that it was illegal. So technically in Finland it is illegal to watch DVD's using various open source operating systems like Linux.


texts: What is the definition of an "involved party" as used by the International Humanitarian Fact-Finding Commission?

texts:
A page on the website of the International Humanitarian Fact-Finding Commission (IHFFC) states

  One of the most important characteristics of the Commission is that it may conduct an investigation only with the consent of the parties involved.

Let's say that Country A recognizes the IHFFC and asks it to investigate a conflict between Country A and Country B, which has also recognized the IHFFC and declared so accordingly.

If any other parties are involved, they must give their consent to any investigation. However, what is the definition of "involved"? If Country C lent arms to Country B that were used in the action under investigation, is it counted as "involved", or would it have to take direct military action for it to be considered "involved"?


texts: why is a person allowed to lie in court and get away with it?

texts: In a court of law, the defendant can tell as much lies as she wants in order to vindicate herself of the charges. But if the court finds them guilty, the false explanations that the person had given are not revisited. Why is this so? Even if a person is doing so to save her skin, shouldn't giving false testimonies in court be regarded as a crime after the person has been proven guilty?


texts: Can the US Supreme Court hear an appeal from State Supreme Court w/o a federal question?

texts: Is it a matter of choice that the US Supreme Court will reject a case from a State Supreme Court that does not have a federal question or are there binding jurisdictional requirements that would prevent them as well? I understand the point about their inability to reinterpret state law already interpreted by state courts.


texts: If a company changes terms of service, can I refuse and get a refund for the affected product?

texts:
Presumably if they want to change the contract I entered, and I refuse, the contract has to stay the same. Sometimes this may be impractical for the company, so can I get a full refund in such a situation.

For example, Samsung recently updated their terms of service to show adverts to users on the menu. If this makes my product unfit for purpose, what can I do to get my money back?

For reference I am in the UK, but I would be interested in global answers as well.


texts: Is it illegal for a mailperson to throw away mail addressed to current resident?

texts: I recently labeled my mailbox with my name and asked my mail carrier not to deliver mail addressed to other people at my address (I live alone). I would also like to request my mail carrier not deliver mail addressed to "current resident," "occupant," etc. Is it illegal for my mail carrier to dispose of mail addressed to "current resident" if I request it?


texts:
From what I understand the GPL license can only be enforced by the copyright holder.

Therefore, given a scenario like this:

A developer finds an abandoned software project licensed under GPL.

S/he builds upon the project and extends the functionality (which I'm assuming would counts as derivative work).

S/he releases the improved source code to everyone else.

At some point the GPL license has been violated.

Could the new developer enforce the license if the original copyright holder is long-gone or undisclosed in the original work?

Or is the license only enforceable by the original creator?


texts:
To my understanding someone can only sue for damages when they can prove that someone (the defendant) caused the damages. Does this mean if someone is in breach of a contract, the other party needs to let damage happen before they can do anything about it?

One simple example would be how when renting a home the landlord shouldn't let themselves in without reason/notice. But if  the landlord does this it is unlikely to cause damages so what remedies are available?

Another would be noise pollution. If your neighbor is making a lot of noise, can you do anything about it before you can prove it has caused some grievance like being late for work and getting fired due to lost sleep?

Another way to phrase the question is when can someone be sued when there are no damages?


texts: In New Jersey USA, if married couple buys a house, is the default "tenants in common" or "joint tenants"?

texts: In New Jersey USA, if a married couple acquires real estate, is it by default "tenants in common" or "joint tenants" (if not expressly stated on the deed)?


texts:
COPPA 312.2 defines "Internet" as

  collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire, radio, or other methods of transmission.

A literal reading of this means that if you use UDP instead of TCP, you would be exempt from COPPA.  Have there been any rulings on this?