texts: If I've been prosecuted for a crime by another country can the US prosecute me for the same crime afterwards?

texts:
Lets say that I commit a crime in which the USA and another country both have jurisdiction.  As an example I, a US citizen, kill Bob, a citizen of country X, while we're located in Antartica.

Country X catches me first and puts me on trial; they refuse to extradite me to the USA when asked.  However, for some reason X has some bizzare rules that makes them far more lenient towards my crime - maybe the leaders X are all horrible racists towards Bob's race, which means it's both more likely that I will be found 'innocent' of the crime despite my having done it and I face a drastically lower penalty if found guilty.

Eventually some time after the trial I return to the USA.  The local authorities would like to see me face a harsher penalty for my crime. I'm wondering if they have any way to try or imprison me under these circumstances:

I was put on trial but found not guilty of the crime
I was found guilty, spent 2 weeks in jail and paid a 50 dollar fine
I was found guilty of a crime for my actions, but the crime was different from the crime as the USA would define it (for instance the country is so horribly racist they don't consider killing a member of Bob's race murder and instead tried me on something else like animal cruelty).

Would it matter if the countries have an extradition treaty, or if the crime was something other than murder, like bribery or grand theft?


texts: Are you guilty of swamp busting, if you remove non-productive trees for productive ones?

texts: The swamp buster law says that you can't remove trees, or stumps from a wetland. Does that include removing trees that are unproductive for trees that are productive (for food, and other things)?


texts: Can an EU country claim tax fees of an orphan pension refund of times where the affected person resided in another?

texts:
Explanation at the example case:

Person A is an orphan and was moved from an EU country X to another EU country Y. Lately, after a few years his pension claims were successful and he has received a refund of all pension payments as he usually had received each month.

Unfortunately, the amount of the refund is as high as that it is obliged to taxing in Y. All requirements to claim the tax are fulfilled in country Y where Person A now resides and was moved to, although it is an orphan´s pension.

The problem now:

The corresponding tax authority of country Y claims the whole refund, although Person A did not even reside at that moment of time in the country nor had a bank account or anything else in Y.

It is important, because if the amount of money to be taxed would be subtracted by the amount of money from the monthly payments where Person A wasn´t in Y, Person A would not be obliged to declare the tax and with that tax-free for that refund.

Is it correct that Y can claim the parts of the amount of monthly payments (which are part of the refund) although Person A did not even reside at that moment in Y or is there any EU law which prevents that doing?

Further annotations:

It was not taxed in X - the country of origin - yet.
Both countries, X and Y are members of the European Union.
The age of Person A of the year of the tax claim and the refund were 19.


texts: Why does there appear to be a difference between depicting vehicles in games vs. in movies?

texts:
I've been trying to wrap my head around trademark/copyright/trade dress law in the US as it pertains to the depictions of real brands in fictional works. As far as I can identify, it is legal to depict brands, including their trade dress in TV, movies and books, as long as the following precautions are taken:

Avoid slandering the item, you can say John Smith slipped and fell, but you can't say his awful Nike shoes were to blame.
Avoid misrepresenting the situation such that the audience believes you have a relationship with the owner of the trademark, are the owner of the trademark, or are sponsored by them.
Avoid trademark dilution, where the trademark is used in a generic context in a way that could lead to the trademark being genericized.

This is a consistent message across every single source I've checked, including reading quotes from the statute itself.

However there appears to be something different going on with video games:

Back in 2012, Textron, the parent company of Bell Helicopters sued EA for including depictions of three of their aircraft in the game Battlefield 3. They sued for "trademark and trade dress infringement, false designation of origin, common law misappropriation and unfair competition, and injury to business reputation" over trademark violations of the names, designations and visual likeness of the aircraft. EA tried to argue they had freedom of expression rights to use the designs but were denied by two different courts. The case was eventually settled out of court.

Full story: http://www.lexology.com/library/detail.aspx?g=44cb1bb6-e9f0-43a3-b79d-037728f8f1af

And this seems to be even more true with cars, this question on Game Development StackExchange highlights the situation, even mentioning the extensive lengths Microsoft had to go to develop Forza, their popular series of racing games.

https://gamedev.stackexchange.com/questions/32469/do-i-need-to-obtain-a-license-to-use-real-car-brands-in-a-game

What's going on here? It doesn't seem like there's a violation any worse than one that would happen in a movie and half the things Textron is claiming don't seem to make sense (What is "unfair competition" when one of you is selling helicopters to governments and the other one is selling video games to consumers?). Is the trademark advice I've heard wrong? Are Textron just throwing their weight around and hoping it never goes to court? Does it relate to the fact that video games technically involve giving the consumer a model of the vehicle, where using the design in a movie only involves giving them a flattened 2D depiction of that vehicle?


texts: Where does the burden of proof lie with a Warranty repair

texts:
When you return an item for repair and are told that it isn't covered by warranty because it has 'accidental physical damage'. Where does the burden of proof lie?
I have a device that would no longer charge. I could see inside the port that something wasn't right i.e. the pins had lifted. I know that I haven't misused the device and feel that I did nothing to cause this damage.
The company in question have told me that this is a chargeable repair as pins are broken. Is it their right to assume that I broke the device and refuse the repair? The cost to repair is £50 so I am not going to take lengthy legal process against them over this. However would tt be the case that their 'proof' is that a pin can't break/bend by itself so me plugging in the charger was clearly the cause, even though that is using the product as intended?
I had a device that was overheating it was repaired without question, even though theoretically the heat could have been caused by it being inside a TV unit with poor airflow.
So in the UK are companies allowed to refuse a warranty repair without any proof other than their own assumption? I have heard in the US that there is more burden on manufacturer so also is this also a difference in consumer rights?


texts: Why what you say to the police can be used against you, but not in your favour?

texts:
I'm asking this question from the viewpoint of an almost complete newbie in court law.
I've heard stated by plenty of lawyers that you should never talk to the police, and the only thing you should say is: "I want to talk to my lawyer". There are plenty of reasons given for this advice, one of them coming from the police itself when stating your Miranda warning: "[..] Anything you say can be used against you in court. [...]". It doesn't state that it can be used for or against you in court, but only against you. That seems... odd.
As a layman, I'd imagine that any type of evidence that is valid enough to be used against you, should be valid enough to be used in your favour. After some research, it seems that when the evidence is used against you, it is acceptable, but when used against you, it's considered hearsay. The definition of hearsay that I usually hear -- which is the one also present in the Wikipedia article -- is:

[...] testimony from a witness under oath who is reciting an out-of-court statement, content of which is being offered to prove the truth of the matter asserted.

Now, this definition seems to fit this type of evidence very well, so it makes sense that using it in your defense case would be invalid. On the other hand, that doesn't seem to stop it from being accepted in the prosecution's case.
So my question is: Why are statements made to the police considered acceptable as evidence when used in your prosecution, but hearsay when used in your defense?


texts:
Company A an INC Became Company B an llc in 2014.

Company B 18 months later brought in a contract from Company A having it signed By C

3 months later C stopped accepting Deliveries from B

1 year later B sues C on a contract from A which did not exist at the time of signing and no longer exist.

Is the contract valid the company stopped existing 18 months before signing?

Not a buyout of assets in the reverse.  Just never changed the contract with the new company's information 18 months later.

They are selling old contracts for a company that no longer exists.


texts: Is it legal to sell un-trippable circuit breakers?

texts:
About a week ago, the popular YouTuber bigclivedotcom uploaded this video, in which he showed a "circuit breaker", which on the outside seems marked appropriately, but is entirely non-functional; meaning that in the event of an overload or short-circuit, electricity would still flow, leading to potentially damaged electrical equipment, electrical fires, injury or death.
Would it be legal to sell such a thing? What would the concequences be?

Note: I am primarily interested in answers regarding the EU and the UK.


texts: Roommate got a dog, but lease said no pets, now what?

texts:
My roommate's boyfriend's dog is living in our shared apartment. She has essentially adopted it. Our lease that I signed said no pets.

My landlord found out about the dog and let her keep it. Neither one of them consulted me and I definitely do not want it living here. What recourse do I have besides moving out when the lease is up? Can I break the lease?


texts: “color of authority” Matt Whitaker vs inventor with complaint

texts: When now Acting US Attorney General Matt Whitaker was on the board of directors of a company that acted as an agent for inventors, he sent a letter to a complainant inventor client, warning of possible legal consequences if the inventor persisted. Since Whitaker stated(correctly) in the letter that he was a former US prosecutor, could he have been guilty of a crime involving “color of authority?


texts: Found at fault in non-left turn collision

texts:
I was involved in an accident and am being found at fault by their insurance company, but I do not understand why.
We were both stopped at a red light. I was in the left turn lane. They were in the straight only lane adjacent to mine. When the light turned green we both turned left and they drove ahead of me into the lane I was turning into and I collided with the side of their vehicle before I could react.
Why am I being found at fault when they weren't suppose to turn left?


texts: Are police legally required to stop a crime they see being committed?

texts:
Say that a police officer walks down an alleyway and very clearly sees a crime being committed; say a mugging or a rape. Is the officer legally obligated to try to stop the crime? By “legally required”, I mean that they could be charged with a crime if they do not intervene.

Also, would there be extenuating circumstances based on the likelihood of being able to stop it? For instance, would a group of three armed police officers be required to stop a single unarmed criminal? Would a single unarmed officer not be legally required to stop twenty armed criminals?

This is a purely hypothetical question, not one I am facing.


texts: Can a tax debt owed to an EU country cause me any trouble in another EU country?

texts:
I have recently left my country (Greece) and moved to Germany. While I am employed and everything functions perfectly, I have some debts to Greece's tax collection bureau.

While I will be able to pay those debts in a couple of years, in the meantime, is this any cause for concern about my situation on Germany? Can this affect me in any way?


texts: How much can the GDPR be amended by EU member states in their national laws?

texts:
Citing article 8 of the GDPR (emphasis added):

Where point (a) of Article 6(1) applies, in relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old. Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child.

Member States may provide by law for a lower age for those purposes provided that such lower age is not below 13 years.

So member states can define a different age, even though the GDPR says that it should be 16. But is this an exception? Are there any other exceptions? Must these exceptions be explicitly stated in the GDPR? I'd like to understand to what extent the GDPR must be followed by member states, and to what extent it could be amended in national laws.


texts: Do cookie banners need to change for GDPR compliance?

texts:
Many sites these days display a "cookie banner" which declares that cookies are being used on the site, generally with a link to a policy document, which state that continued use of the site amounts to implicit consent to the use of cookies.

Some online resources suggest that since GDPR states that consent must be explicit and revocable, that this also applies to cookies, rendering the "cookie banner" insufficient.

Many sites use 3rd party libraries which will store cookies for tracking, such as Google Analytics. Additionally, other 3rd party libraries, such as AddThis, store tracking cookies which cannot be disabled. To prevent the storage of these cookies, AddThis and some other functionality would need to not be included on the site at all if the user hadn't opted in, which could affect functionality. It may also require a fairly significant investment of time.

However, I don't see anything in the actually GDPR that relates to cookies in this sense. The application of GDPR to cookies seems to be based on independent interpretation.

Does GDPR actually require a change to cookie banner functionality, or are current implementations sufficient?


texts: Can my gym charge me monthly dues even though it shut down due to the coronavirus epidemic?

texts:
My local gym shut its doors on March 16th due to a government decree requiring all non essential services to be closed until further notice. Today (March 18th) I was surprised to find out that the gym charged me for monthly membership, even though the company is unable to render its contractual services.

Am I eligible for a refund? Normally I'd file a chargeback immediately, but I'm not sure if this being a health emergency gives the gym the right to charge for membership while keeping its doors closed.


texts: Can an impeachment charge be dismissed on the grounds of double jeopardy?

texts:
Two impeachment articles were drafted by the House and then sent to the Senate

Abuse of Power
Obstruction of Congress.

Now say the senate looks at the original articles and underlying evidence and acquits the president.

Then later on, the House discovers more evidence which makes for a much tighter case and again draft the same articles (with different evidence) and sends to the senate.

Can the senate dismiss the charges due to double jeopardy since they already acquitted the president on the same charges for the same situation?


texts: Can I be charged for a crime for simply confessing?

texts: If I were to walk into the police station and confess to a crime I did not commit - that wasn't even under investigation - can they arrest or charge me just because I gave a confession?


texts: What protection against a perjury prosecution does a hostile witness have?

texts:
Smith is subpoenaed as a witness for the defense in a criminal case. The prosecution is allowed to treat the witness as hostile, and Smith is directed to limit his responses to yes and no. Assume that the defense attorney decides that Smith is not helping his client and sits silently during the cross-examination. Prosecution asks a question which Smith reasonably feels he lacks the legal acumen to answer without putting himself in jeopardy of prosecution for perjury. Smith invokes the 5th, but is granted immunity from prosecution and is ordered to testify. However, the one crime that immunity does not cover is perjury for that testimony. Smith clearly needs his own lawyer, but he is not "under arrest", and AFAIK has no right to an attorney to tell him whether to say "yes" or "no" to the question. Assume that the judge and the prosecutor are unsympathetic to Smith, and will only act as mandated by law on his behalf. Bear in mind that "yes" and "no" are not literally true or false taken in isolation, they only have truth value given an assumed context, which Smith fears he does not understand (but doesn't have the background to explain).
What legal mechanism exists under US law to protect Smith from placing himself in legal jeopardy in this situation? As always, case citations appreciated.


texts: Can the owner of a private establishment confiscate the personal property of a trespasser?

texts:
While I was reading this article, this line caught my eye:

  Anyone seen videotaping in any capacity will be deemed trespassing and will be escorted out by security. Your video equipment may or may not be confiscated until all video recordings are destroyed.

As far as I can tell, unless the person has consented to such, most jurisdictions within the United States generally do not allow private entities to confiscate personal property, even from a trespasser.

Does the owner of this facility (located in Florida) have any legal authority to confiscate personal property? Am I missing something?


texts: Relative vs constant salary in US Employee and contract law

texts:
So I was listening to mathematician and economist Eric Weinstein, and he told an anecdote about salary in a hyper-inflationary economy. In the story, the employee and employer argue over the "fair" compensation as it relates to inflation(then further tied to Gauge theory but that is not relevant), where the employee states salary should be derived from the real spending power of the currency.

Would the argument of salary derivative wrt purchasing power(or relative value) hold any water if the notion of constant salary is not explicitly stated? Or is it just implicitly assumed? Would this question differ for a contractor?


texts: Is it normal, or at least precedented, to require an attorney to publicly divulge his/her client list in a crime-fraud prosecution?

texts:
As has been widely reported, for instance here, Judge Kimba Wood recently required Michael Cohen to reveal his client list in open court during the legal proceedings surrounding his prosecution via the crime-fraud exception to attorney-client privilege.  Notably, this has caused significant embarrassment for Sean Hannity, an otherwise secret member of this client list.

So far as I am aware Wood's ruling is perfectly consistent with the law: attorney-client privilege protects communication between a client and his or her lawyer but it does not protect the fact that such communication occurred.  Nevertheless Wood could have chosen to require Cohen to reveal his client list to prosecutors privately, and I am wondering how much precedent there is for instead requiring that the disclosure occur publicly.

  Are there other examples where an attorney prosecuted under the crime-fraud exception to attorney-client privilege was required to reveal his or her client list in open court?

I can't claim I am personally concerned a great deal for Hannity's reputation, but the case has much broader significance and I am trying to understand the context as thoroughly as possible.

As pointed out in the comments, this question is quite similar to another question.  The answers to that question did not answer mine because I was already convinced of the legal justification for publicizing the client list and I am specifically interested in precedents / case studies - the current answer to this question is exactly what I had in mind.  But the similarities are undeniable and I am new to this forum, so I leave the decision to mark this as a duplicate to the existing community.


texts: How to find status of criminal prosecution (Alberta, Canada)

texts:
Calgary men charged after 864 investors lose $33M in Crowsnest Pass development
Jun 10, 2016
I can't find any further news about this. I tried contacting CBC but got no reply.
(Not to be confused with a related civil suit involving Becker and Bradley.)


texts: Can daring someone to a dangerous act be considered manslaughter?

texts:
Last year there was a teen sentenced for manslaughter in Massachusetts for texting, calling, and encouraging her then boyfriend to commit suicide over several months; at one point telling him to finish the job when they were on the phone. The case is pending possible appellate action, but it made me think about how her words and persistence that defined the ruling.

For example sake, If her or a group of his classmates had dared the young man to jump off a bridge to kill himself, versus just generically encouraging him to go through with suicide, how does that change the situation?

Is daring or otherwise inciting action constitute manslaughter, or does it take persistent intent to be manslaughter?
If she or they offered him money to do the action, would this have have made the case more clear cut, versus just the mere suggestion to take action?


texts: Is the NSA liable for not reporting a security vulnerability?

texts:
The NSA created several toolsets that involved 0-day exploits that were not reported to the vendors of software & hardware. This put in danger the safety and security of anyone using these pieces of software/hardware.

After public leaks showed the NSA found/created the security holes and the exploits were released to the public. Criminals with malicious intent created several worms and ransomware that spread across the globe causing lots of financial damage and loss.

Would the NSA be liable if anyone directly affected by these worms or ransomware wanted to sue?


texts: Is it legal to host a directory of .onion urls?

texts:
.onion is a special-use top level domain suffix designating an
  anonymous hidden service reachable via the Tor network.

.onion. (2016, March 11). In Wikipedia, The Free Encyclopedia. Retrieved 12:46, March 23, 2016, from https://en.wikipedia.org/w/index.php?title=.onion&oldid=709560870

I would like to host and maintain a directory of .onion urls on the normal Internet. I am not sure if this is 100% legal because these urls often refer to highly illegal services. There are already directories on the Internet but that does not mean that they are legal.

I am living in Germany and the servers will be hosted in Germany too.

Is it legal?
Do I need a special disclaimer?


texts: Is it legal for a software company to have more than one CTO?

texts: It is my understanding that a company is not allowed to have more than one CEO. If this is true, similar restrictions should apply to the CFO. Could anybody tell me whether it is legal (in Delaware) to have 2 people with the CTO job title, or there must be one at most?


texts:
I had a question regarding the ToS of Google Maps/Earth, it can be found here: https://developers.google.com/maps/terms

Section 9.1.1a states that:

  (a) Free Access (No Fees). Your Maps API Implementation must be generally accessible to users without charge and must not require a fee-based subscription or other fee-based restricted access. This rule applies to Your Content and any other content in your Maps API Implementation, whether Your Content or the other content is in existence now or is added later.

and Section 9.1.2b states:

  (i) The rule in Section 9.1.1(a) (Free Access) does not apply if your Maps API Implementation is used in a mobile application that is sold for a fee through an online store and is downloadable to a mobile device that can access the online store.

Does that imply that if you created an android app that uses Maps API that costs money to buy, you're allowed to implement a subscription model? Is freemium disallowed under this?

Also, under the FAQ (found here), you're allowed to use a freemium model when it comes to posting?

  If you charge people to place information on your map (e.g. to list their homes for sale), but you display this information using the Google Maps API on a free part of your site, you'll also meet the Google Maps API Terms of Service.

For reference, I was planning to build a freemium Map-view based app that allowed users to post things that would show up as markers on the map (using geolocation of course) for a duration and charge more to have it permanently placed with additional options (more info, e.g. a live update of a restaurant's seating capacity).


texts: What is the procedure to file an RTI act against the police for a case on IPC507?

texts:
I have already filed a case on ipc507 in Hadapsar police station in Pune.

I have to check the proceedings of the case through the RTI to the Superintendent of the Police.

What is the procedure to file such a case?


texts: Using fonts with a pirated version of Photoshop? Violating copyrighted materials?

texts:
So Windows and Photoshop copyrighted most of their fonts.
Now let's say my friend uses a pirated version of Photoshop and Windows and creates some photo with subtitle or a meme.
Then what?
Did he violate the copyrighted material and can now Microsoft sue him and have the court order him to take down these images?


texts: Can a brick fence be built outside the title boundary in Victoria Australia?

texts:
Does a brick fence have to be built wholly within the title boundary of the owner or can this tresspass onto an adjoining owners title, which while within the owner of the brick fence's common boundary, this would place most of it another owners title.
There would be no issue if the owner had applied for adverse possession but no claim has been made.


texts:
In the current security landscape it is common to offer responsible disclosure to (ethical) hackers to report vulnerabilities in such a way that the company does not pursue legal action against this person if the report was filed according to the rules set by responsible disclosure.

However, hacking is illegal is most countries (for reference, I'm from the Netherlands), it certainly is here. Can responsible disclosure be seen as an open invitation to try and penetrate a website or service legally? Or what is the legal status of responsible disclosure in relation to illegal hacking?


texts: How does the double extension of the doctrine of vertical direct effect discriminatorily limit the no-horizontal-direct-effect rule?

texts:
Robert Schütze. European Union Law 2 ed. 2018. p. 101. All emboldenings are mine.

Transcribing everything takes too long, thus I'll transcrible just the gag line. See my red arrow.

        Vertical direct effect would thus not only apply to private parties exercising
  public functions, but also to public authorities engaged in private activities.116
  This double extension of the doctrine of vertical direct effect can be criticised
  for treating similar situations dissimilarly, for it creates a discriminatory limitation
  to the no-horizontal-direct-effect rule. However, the Court has recently confirmed
  that both extensions are an integral result of the Foster doctrine.117

How does this "double extension of the doctrine of vertical direct effect"

treat "similar situations dissimilarly"?
create "a discriminatory limitation to the no-horizontal-direct-effect rule"?


texts: Follow-up question about summary only offence

texts:
I am following on from a question that I posted here.

Person A: Reported suspect for one indictable offence.
Person B: Reported suspect for several summary only offences.

I understand based on the feedback from my original question which I linked above, that the police would have power of entry into the suspect's home without a warrant because Person A reported the suspect for an indictable only offence.
When the suspect is being arrested for this indictable only offence, are the police allowed to then arrest the suspect for the summary only offences too whilst the police are still inside of the suspect's house, or must they wait until the suspect is taken outside (or somewhere else like a police station) before doing this?
Based on the answer to the above paragraph, if the police were meant to have arrested the person for the summary only offences outside of the suspect's home, could a suspect have those summary only offences thrown out of court?


texts: Are the roles specified in a Founders Agreement (contract) legally binding?

texts:
I am in the process of producing a Founders Agreement for myself and my team working on a startup.
I've read in many places that specifying the roles of each founder (CEO, CTO, etc.) is highly recommended, and it's in fact mandatory in a template I'm using.
My question is this: does the specification of these roles have any legal implications?
Does having the role of the CEO assigned to you in the contract, for example, give you certain legally binding responsibilities/limitations, or are these roles just symbolic?
Thanks!


texts:
TLDR
Although I am disabled, I have experienced high quality tipis with a special oven as extremely comfy, even when I did observations in snow covered mountains.
Presently, I have an Appartment which is near the university and near the forest, which are both good for my work. But in 11 months I will have to vacate it
However, our house has several shared toilets and I could always shower at the gym. Therefore the seemingly crazy question crosses my mind:
Question
Would it be legal in Vienna, Austria to camp on the roof with my landlord‘s consent, provided I install sufficiently high lightning rods? Could we even formulate a contract?


texts: Is the NYC gender identity law too harsh?

texts:
https://www1.nyc.gov/site/cchr/law/legal-guidances-gender-identity-expression.page

Examples of Violations
Intentional or repeated refusal to use an individual’s preferred name, pronoun or title.  For example, repeatedly calling a transgender woman “him” or “Mr.” after she has made clear which pronouns and title she uses.
Refusal to use an individual’s preferred name, pronoun, or title because they do not conform to gender stereotypes.  For example, calling a woman “Mr.” because her appearance is aligned with traditional gender-based stereotypes of masculinity.
Conditioning an individual’s use of their preferred name on obtaining a court-ordered name change or providing identification in that name.  For example, a covered entity may not refuse to call a transgender woman her preferred name, Jane, because her identification says that her first name is John. 11
Requiring an individual to provide information about their medical history or proof of having undergone particular medical procedures in order to use their preferred name, pronoun, or title.

To me the issue is being intentional about misnaming right?


texts: Can a surrogate mother abort or can abortion be legally enforced upon her?

texts:
In jurisdictions where surrogacy contracts are regulated and abortion is legal:

Can a surrogate mother (who has signed a contract and is earning money for her service) legally abort the child in her womb as any other mother could? (This would not be a case where pregnancy risks her life, but where she just wants to end her pregnancy.)

What would be the legal consequences of this? Would she have to pay some kind of indemnification to the intended legal parents?

Would there be any difference if the intended legal parents were the genetic parents of the child?

Now, suppose the intended legal parents don't want the child at some point before the pregnancy ends?

What would be the consequences of them breaking the contract?

Could they legally enforce the surrogate to abort?

Again, would there be any difference if they were the genetic parents?

I'm assuming that these varies across jurisdictions, so I'm mainly searching for responses summarising several cases of jurisdictions around the world. However, jurisdiction-specific answers are also welcome.


texts:
I have a question regarding The General Data Protection Regulation 2016/679 in European law and I'm not even sure this is the right place to ask, but I'll ask anyway as I'm stuck on where to find this information.

I work for a company that controls several different websites under one legal entity and we currently serve newsletters to each website asking for consent in each case (per domain), however, we're looking at consolidating them under our overall company identity and confused as to whether or not we can requeset permission from one domain e.g. websiteone.com and serve them content from another e.g. websitetwo.com even though they operate under the same company.


texts: How does the CC ShareAlike provision affect dictionaries/data sources?

texts:
For a website, I'm using some dictionaries which were created by a community and licensed with the Creative Commons "ShareAlike" provision:

  If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.

Let's say that in our hypothetical dictionary, an entry is as follows:

  banana (noun):
  1. a curved yellow fruit.
  2. a crazy person

If I have website where a user can search a word and get just the first definition (1. a curved yellow fruit), does leaving out other information count as "transformation" or "remixing"?

I suppose this likely applies to other data sources, not just dictionaries, as well -- if I only partially use the information in the source, is that "snippet" affected by the ShareAlike provision?


texts: I am in a 2 BD apartment in NYC. I'm on the lease along with the other tenant. There is a guarantor on the lease. I want to leave the lease, which has 10 months remaining. I have sent the landlord a registered mail asking to be able to reassign the lease. The building super today contacted me via text to say that the landlord would like to keep me on the lease but would allow me to sublet. They don't seem willing to budge. I really, really need to get out of this lease. Any suggestions?


texts: Is there a difference in a lawyer's culpability between "negative" and "positve"malpractice?

texts:
By "negative" malpractice, I mean sins of omission, such as missing a deadline, or omitting a key document from a filing.
By "positive" malpractice, I mean a sin of commission, such as misrepresenting information or manufacturing evidence.
IS one type of malpractice more serious than the other and more likely to draw sanctions because it is "willful?" Is the first type of error more likely to be fixable?


texts: How Google Play Policy applies to different Developers

texts:
I have a quiz game that was rejected from the Play Store on claims that it violates the Gambling policy because it currently allows users to win money for playing quizzes.

On appealing, I asked the Policy team "How is my app different from Loco or Zupee? Basically, why can I not offer cash prizes for quizzes while they are allowed to?"

Their response "Any perceived compliance or non-compliance of other developers’ apps does not have any bearing on the compliance of your own apps."

Could this mean that Google Play's policies are applied differently for different developers or apps?


texts: Why doesn't London airport's Lost Baggage policy conflict with Theft by Finding or other UK law?

texts:
I lost a bag whilst going through security on a recent flight through Heathrow Airport in London, UK.

Since getting home I've been online to try and track the item and have discovered that their process, according to their website, is:

  Register for the online service,
  Find your item in their database,
  Submit a claim,
  Pay a fee to reclaim an item,
  Pay postage to have it sent to you.

I fully accept the paying for the postage to have it sent to me, and to a lesser extent I accept paying a fee for the storage and processing of my item, which takes extra resources (and hence extra costs) on their part.

But my query is about the way they have implemented this service charge which I am presuming I have to pay even if I turn up to collect my item in person and don't use their website (I doubt they would accept this). My question also hangs on the assumption that if I do not pay the fee requested to reclaim the item then they will refuse to return the item.

My question is, what prevents this policy, of keeping the item until I pay a fee, from conflicting with the UK laws such as Theft By Finding, Criminal Conversion or perhaps (tenuously I feel) Blackmail?

It feels to me like this should be breaking a law, perhaps one of the above or perhaps another, as (if my presumptions are correct) they are effectively showing the intention to deprive me permanently of my property. Why isn't this the case?


texts: UK - Can contracts override property deeds

texts:
If a property is held 50/50 on the deed by two people, can a contract be written up to adjust the ownership based on further conditions?
Is there a specific name for this?
For Example:
A home is purchased through mortgage by two people, held in deed equally. Can a contract be written to say each person owns a proportional amount of equity based on money put towards the mortgage.

100k Mortgage on 0% interest
Person A pays 20k
Person B pays 10k

As such...

Bank owns 70%
Person A owns 20%
Person B owns 10%

Edit: Specifically looking at UK law


texts: What if you follow the kidnappers' instructions to not talk to police?

texts:
Suppose your child is kidnapped.  The kidnappers call you, give you "proof of life" (i.e., irrefutable evidence that they have your child in their custody and that the child is unharmed), and tell you that if you convey any information to law enforcement about the kidnapping they will kill your child.  (Otherwise, if you comply with some other demand they will release your child unharmed at a specific date in the future.)

Before long, police determine that your child is missing and you are detained to explain what is going on.  You conclude that it is in your child's best interest to comply with the kidnappers' demands.  Therefore, you refuse to talk to the police.  Are you guilty of obstruction of justice?

Before long, the police through other means determine that your child was kidnapped and is being held for ransom, which the kidnappers will demand of you.  Once again the police detain you and demand that you cooperate by giving them information that may help them find the kidnappers and your child.  Once again you conclude that the best course of action is to refuse to convey any information to law enforcement.  Could you be charged with any crime?

Eventually, using other information, law enforcement tracks down the kidnappers, who kill your child.  Are you now guilty of aiding and abetting either the crime of kidnapping or the crime of murder (of your child)?  If you truly had no involvement other than as the parent and target of the criminals, can you be named as an accessory or conspirator for failing to provide law enforcement with information relevant to the ongoing crime of kidnapping?


texts: Are lawyers allowed to keep charging money after termination?

texts:
I was wondering if attorneys are allowed to keep charging money even after termination. The situation is this: a lawyer has been terminated. A new lawyer has been retained and he/she has filed notice of appearance and whatever. If before the previous lawyer shows the client a detailed bill of the charges per hour/min, and charges the client, will they be allowed to continue adding to the charges every though a new lawyer has been retained? The extra charges would be under correspondences where the client may continue to communicate with the lawyer to demand said detailed bill.

My apologies if anything doesn't really make sense. Please advise, thanks in advance.


texts: How can loss be difficult to quantify, but be a familiar type for which damages are frequently awarded?

texts:
Richard and Damian Taylor. Contract Law Directions (2019 7 ed).  pp. 318-319.

  As to the application of the law to the facts of the case Lord Reed continued by saying, at
  paras [98]–[99]:

I now quote Lord Reed. Doesn't  the emboldened phrase contradict itself?

  This is a case brought by a commercial entity whose only interest in the defendants’ performance of their obligations under the covenants was commercial. Indeed, a restrictive covenant which went beyond what was necessary for the reasonable protection of the claimant’s commercial interests would have been unenforceable. The substance of the claimant’s case is that it suffered financial loss as a result of the defendants’ breach of contract. The effect of the breach of contract was to expose the claimant’s business to competition which would otherwise have been avoided. The natural result of that competition was a loss of profits and possibly of goodwill. The loss is difficult to quantify, and some elements of it may be inherently incapable of precise measurement. Nevertheless, it is a familiar type of loss, for which damages are frequently awarded. It is possible to quantify it in a conventional manner, as is demonstrated by Mr Hine’s report.
  The case is not one where the breach of contract has resulted in the loss of a valuable asset created or protected by the right which was infringed. Considered in isolation, the first defendant’s breach of the confidentiality covenant might have been considered to be of that character, but in reality the claimant’s loss is the cumulative result of breaches of a number of obligations, of which the non-compete and non-solicitation covenants have been treated as the most significant, as explained in para 17 above.


texts: If HR51 (admitting DC as a state excluding a "Capital" area for federal buildings) were passed, would the "Capital" be entitled to 3 electoral votes?

texts:
The House of Representatives passed H.R.51, the Washington, D.C. Admission Act. Under the current text, it would admit Washington, DC as a state, excluding a small area around the federal buildings known as the "Capital", which would continue to serve as the seat of the US government. Section 111(b) of the bill says:

(b) Exclusion of portion remaining as seat of Government of United
States.—The territory of the State shall not include the area
described in section 112, which shall be known as the “Capital” and
shall serve as the seat of the Government of the United States, as
provided in clause 17 of section 8 of article I of the Constitution of
the United States.

But under the 23rd Amendment to the US Constitution, the district constituting the seat of the US government gets to appoint electors (in a manner that Congress decides) to the Electoral College that elects the President and Vice President. (The number of electors that the district gets is the number of Senators and Representatives it would have if it were a state, but no more than the number of electors of the least populous state, so effectively the number will always be 3 electors, since each state has 2 senators and at least 1 representative, and there are some states with only 1 representative.)

Section 1. The District constituting the seat of Government of the
United States shall appoint in such manner as the Congress may direct:
A number of electors of President and Vice President equal to the
whole number of Senators and Representatives in Congress to which the
District would be entitled if it were a State, but in no event more
than the least populous State; they shall be in addition to those
appointed by the States, but they shall be considered, for the
purposes of the election of President and Vice President, to be
electors appointed by a State; and they shall meet in the District and
perform such duties as provided by the twelfth article of amendment.

Assuming that H.R.51 passes as currently written (I know that there are severe doubts it can pass the Senate, but let's assume it does), and assuming that no Constitutional amendment is enacted, would it cause the small "Capital" area, which will have few residents, to have 3 electors in the Electoral College? It seems this will cause its residents to have a disproportionate influence on the electoral vote for President.
If so, could Congress somehow fix this without amending the Constitution (for example, by repealing the law governing how electors are selected for the district, thereby providing no mechanism of selecting electors for the district)?


texts: What is required for a change in payment terms?

texts:
I've experienced a situation and I'm interested in the legal side of it, although not after specific legal advice.

The situation is:

A person holds an account with a company in the United Kingdom, who's terms of payment when opening the account were: payment for services required within 60 days.

The company has now changed their terms such that payment is required immediately on payment.

The company provided notice of this change in the form of an A4 sheet pinned on the wall of their reception.

My questions are:

1) Would the A4 sheet be sufficient notice, or are there other legal requirements for a change in payment terms?

2) If there are additional requirements that they therefore did not follow, would a person be entitled to make payment under the old terms until the requirements are fulfilled?


texts: Is the termination of a contract valid without a confirmation paper?

texts:
So I terminated my gym membership about 2 months ago (notice period was 1 month, but I wanted to have it done at that point just to be sure). I handed in the paper personally, because I still worked out there. I made sure to get some sort of confirmation in order to prove afterwards that the termination was handed in. I handed it in to one of the employees, which signed that he had received it and then copied it (one copy for me, one copy for the gym/boss). In the termination I wrote, that the gym owner (who is obviously the contract holder) should send me another confirmation of receiving the termination and telling me the actual termination date of the contract.

Since then, I have not received any mail from the owner regarding this additional confirmation paper. I asked him about 1 week after turning in the termination if he got it, he said he got it. Another 2 weeks later I asked if he already sent the confirmation, he said he'll do it at the end of the month (for whatever reason). I wasn't really worried about that because we never had any disagreements or something. I just quit the membership because I'm moving soon. Today I asked again, and he said something along the lines "oh, you did not get it? I'll send you one the next day".

Since he already said he'd send the confirmation weeks ago, without him actually doing so, I don't really trust him this time either. So my question now is: Is the termination of the contract valid without me receiving (or him sending) the confirmation? Or in other words maybe: Is the signiture of the employee under the termination enough for me to be sure I don't have to pay the next membership period (which is 6 months, starting in march).

All this takes place in Germany, may be relevent to the case because of local laws and stuff I guess.


texts: Legal aspects of using trademarks for sponsorship in free computer games

texts:
Because I am a layman, I ask that you excuse my plain language when expressing myself.

Hypothetical situation:

An open-source car racing game has multiple skins (paintjobs) for each car. The car models are fictitious but the skins contain trademarked elements such as logos of real life software, energy drinks, fast-food restaurants, cosmetics and so on.

Each skin corresponds to a single sponsor and there is one skin per sponsor. The player can choose his car skin freely while the computer-controlled opponents have the skin chosen randomly. The developer's intent is to have the skins serve as a sort of non-intrusive advertisement in-game.

The questions are as follows:

Is the above situation legally feasible? (given that I have not yet seen it occur in real life?)
If the game is licensed as open-source, must the skins have a separate license that allows only redistribution but no modification?
Is it expectable that competing brands can reconcile to each having their representative skin in the game?


texts: Is "Advanced Matching" of Facebook against GDPR?

texts:
I am wondering if sharing a hashed email or phone number with facebook with the purpose of matching that hashed value on Facebook's side is against GDPR? https://www.facebook.com/business/help/2445860982357574?id=1716638325041491

  You can choose to share hashed email addresses and phone numbers. This information gets hashed before it’s shared with us. We use the hashed information to more accurately determine which people took action in response to your ad. After matching, we promptly discard the hashed information.


texts: Can someone plead the fifth regarding impeachment?

texts:
Recently, former president Trump turned down the opportunity to testify at his own impeachment hearing.
However, given the magnitude of the charges, could he be compelled to testify by subpoena? Or could Trump plead the fifth, thereby avoiding having to testify against himself?
The basis for this question is that there's a bit of debate upon whether impeachment itself is a legal process or a political one. The criteria by which a president is impeached is deliberately vague, but the penalties for a successful impeachment are partially legal and partially political (i.e. removed from office, barred from serving again; but this does not otherwise deprive the defendant of their liberty (though other legal charges may)). Regardless, because impeachment does not have any stated criteria other than, "Treason, bribery, or other high crimes and misdemeanors," those penalties could theoretically come about simply by virtue of Congress holding a 2/3 majority of an opposing party.
Given that the 5th amendment protects a defendant from being a witness against themselves in a criminal proceeding, could Trump exercise that protection to avoid being compelled to testify before Congress?


texts: Are there any AGPL-style licences that require source code modifications to be public?

texts:
So my understanding of the AGPL, is that it requires modifications to be distributed to the users of the network service, but I'm looking for a licence that would require any modifications (non-internal) to be public rather than be limited to the users. Are there any licences that would support this.

So an example use case is, let's say Company A takes my program/source code (let's say it's a webapp) under AGPL and makes modifications to it that significantly improve performance. Company A charges it's users $1000/month to use it, following the AGPL by distributing the source code to it's users but only it's users. It's users would likely not be technically-literate so wouldn't really be inclined to publish that source code, so what I'd want is for the company to not just distribute the source code to the users but make it publicly available for everyone or contribute it through github.

Asked on (before being alerted on crossposting etiquette): https://opensource.stackexchange.com/questions/8219/are-there-any-agpl-style-licences-that-require-source-code-modifications-to-be-p


texts: At what point does foreign interference in a civil war trigger law on international armed conflict?

texts:
Recent international humanitarian law such as the Geneva conventions draw a sharp distinction between international armed conflict (IAC) and non-international armed conflict (NIAC).  See for instance How is the term "Armed Conflict" defined in IHL? by the ICRC.

As I understand it, the main motivation for this is that states have agreed to provide protection to the armies of other states that they may be unwilling to extend to rebel groups in a civil war.  So they have negotiated two tiers of treatment.  Defining a conflict as one or the other has some bearing on how the war can be legally conducted.

However, since the Nuremberg Principles and the UN Charter established the crime of aggression, it seems that this distinction becomes important for other reasons.  There is no international analogue to aggression for starting a civil war as it would fall under the domestic jurisdiction of the state.  Therefore Chapter VII doesn't apply and the UN is much more limited in its ability to respond.

But what makes a war "international"?  It is difficult to think of a conflict that was not in some way influenced by other states, somewhere along the spectrum from media support, diplomatic cover, supplying weapons, sharing intelligence, through training forces, deploying troops and military hardware, all the way to directing or fabricating the existence of a proxy force from abroad.

My question is, what do international treaties and case law have to say about where this line is drawn?  What type or level of interference by other states changes the character of a civil war into an international armed conflict?


texts: Does the Commonwealth of Australia Privacy Act 1998 apply to CV reference companies

texts:
I asked a company that purported to be operating out of Perth called CV Check about which legislation applied them. This was their response:

  CVCheck will only obtain information from an international source if you order an International Check.

  On return of your result we handle all information consistently with our privacy policy available at https://cvcheck.com/privacy-policy; and deploy numerous security measures to keep your information safe.
     For further information in relation to how we handle information, please visit cvcheck.com. For further information on your rights and our responsibilities in relation to your privacy, you may care to look at the following website: https://www.oaic.gov.au/privacy-law/privacy-act/

Does the above say that the Privacy Act applies them and if so why are they charging me to access information held on me? Isn't there supposed to be a free/at cost way of obtaining this information under that act (I cannot connect to austlli as I use tor at the client).

Furthermore, what does their response mean if the client requests this? If I ask this for me, and it is available then this should be given me, should it not?


texts:
This question popped up on the HNQ sometime over the last couple of days and it started a discussion in one of the chat rooms.

https://academia.stackexchange.com/questions/66409/is-watching-porn-in-university-a-crime

We all began to wonder about US law and whether or not it was legal to watch pornography in public places.

Imagine walking up to Starbucks dragging along a 1st and 3rd grader and running into streaming porn on laptops throughout the store.  Not that they would allow it but, you get the idea.

So my question

Is it legal in the US to watch pornography in public places?

I imagine this may trail out into state laws and skip Federal altogether but I seem to remember Larry Flint having a Supreme Court victory related to pornography sales and Hustler magazine as a product being visible to potential consumers in stores.  So there's that.

Edit

Regarding localization to US States and commentary to that effect.

This is a Federal question.

This seems to pertain.  Flynt vs Fallwell in the Supreme Court regarding the 1st Amendment.  Flynt won regarding the display and definition of pornography vs expression.

This addition doesn't change the question, it simply justifies it as a Federal question rather than one for the States as this is primarily a Constitutional issue.


texts: In Austria, is a disclaimer that your device is not a medical device enough even if all your other material suggests it is a medical device?

texts:
This company "powerinsole" in Austria makes wild claims about the scientific merits of it's medical device "powerinsole". It is a device they claim uses electro resonance to transmit information from chip storage to the cells in your feet. The claim is dubious yet the overall tone of the website is science/science/science. There are links to papers and supposed endorsements from prestigious research organisations, one of which has publicly rejected the claims made by the company.

https://www.powerinsole.com/science-en/?lang=en#university-of-salzburg
Notwithstanding the attempt to veneer the product with scientific credibility, at the bottom of each page there is the disclaimer.

Please note that despite its repeated success in various fields, the Powerinsole is not a medical
product! In the event of illness, Powerinsole is by no means a substitute for going to the doctor, nor
does Powerinsole replace medication prescribed by a doctor or medical treatment!

My question is:
Is this disclaimer by powerinsole enough in Austria to protect the company from prosecution for selling medical devices without the correct authorization?


texts: Are websites mandated to retain I.P. addresses fr five years or not under this regulation or id is a mis interpretation?

texts:
If one searches about "Indonesia data retention law 5 years" one will find that there seems t be a regulation in Indonesia that states that one must retain ll collected data fr five years and it applies to personal data contollers.Now I.P. logs are generally considered personal data .Does this mean at must I.P. logs must be retain ed fr    5 years?On top of that generally I find websites delete I.P. addresses after few months and emails of inactive user after few years.   All this is illeagal or not?Lastly can we run a website but be out of scope of the Indonesian ministry of informaon regulation legally?
Also (though this is not a part of the question) it also seems we must retain a history of the information like if an user changes i.p. or email 10 bare times a day does that mean all those have to be stored? Similar requirements also seem to exist in philipenes data privacy law section 16 d) .


texts: Can I visit my partner, according to current restrictions in the UK?

texts:
I currently live 10+ miles apart from my partner. I do not go indoors with them, I as I walk around their neighbourhood and chat with them, all the while wearing a mask and attempting to keep distance between other people and us. My partner is classified as Extremely Clinicially Vulnerable, and as such I could be classed as their carer while I spend time with them. If I was stopped by a police officer, would it be a reasonable excuse that I am exercising with my extremely clinically vulnerable partner, who does not leave their house apart from to exercise?
Or is this illegal by law?
National Lockdown restrctions - https://www.gov.uk/guidance/national-lockdown-stay-at-home?priority-taxon=774cee22-d896-44c1-a611-e3109cce8eae
Extremely Vulnerable advice - https://www.gov.uk/coronavirus-shielding-support?priority-taxon=774cee22-d896-44c1-a611-e3109cce8eae


texts: How do i evict a son who wont work, pays nothing and is 26 years old. I'm the homeowner

texts: My son is 26, he doesn't work. My wife and I are pensioners. We keep him and he doesn't contribute in any way. We own our house. We have reached the end of our patience and help. How do we get him out of the house? If anyone can provide the answer we would be very grateful. We live in the UK. Thank you.


texts: What Is the minimum required for someone to consent to a contract on a website

texts:
After some searching i have found that a textbox where the user enters their name along with a check box that verifies that they understand that typing their name above is confirming they agree to the contract.

Is this enough in the EU and other non US regions?


texts: Is publishing a web scraping script on Github to get data from a website to publish it on another place, illegal?

texts: I have written a script that fetches some information that is on a website and upon command it publishes it on another place. Is it illegal to publish it on Github and also if you use it?


texts: How does preponderance of evidence work in the following tort scenarios?

texts:
My understanding is that the burden of proof in a tort case is preponderance of evidence. that is, more likely than not. Consider the following:

Defendant hits the plaintiff. The plaintiff suffers a broken arm, and did not have one before he was hit. The act was witnessed by several people. I would guess that plaintiff would likely be able to prove his case by preponderance of evidence. Is that likely to be the case?

The plaintiff was also hit in the arm a few seconds later by a third party, X. This confuses the picture. A medical examination of the arm shows a broken bone by one blow, and internal bleeding by a lesser blow. So consider the following cases:

Case 1: The defendant is 6'0", 180 pounds, and X is 5'4", 120 pounds. (He may be even weaker, basically, "weak" to the point where he could not have administered the harder blow without an adrenaline rush.) I would guess the preponderance of evidence would work against the defendant. Is that the case?

Case 2, a: The defendant is the "weak man," and X is the stronger. I would guess that the preponderance of evidence would work in favor of the defendant. Is this true?

Case 2, b: The defendant is the weaker, but yelled at the plaintiff prior to hitting him, possibly creating the required adrenalin rush. Does this impact the result in 2a?

Case 3, Defendant and X are of equal size, leading to a 50-50 chance that each cast the harder blow that probably broke the arm. In addition, there is a non-zero chance that the softer blow may also have broken the arm, through leverage, etc. The defendant clearly cast one of the two blows. Does the preponderance of evidence work against him?

One more thing. Under (Arizona) State vs. McNair, Assault and battery is a crime, and even a "bystander" can become an accessory or accomplice that is equally guilty with the principal, if there was a relationship between them, or if they acted in concert (confronted the plaintiff together). Could defendant and X share criminal liability at least in Arizona? Does this extend to civil liability?


texts: Is there a Statute of Limitation for crimes such as molestation?

texts: A girl is 17 now. She lives in Illinois. When she was 6, she was molested by her 17 year old uncle. Does the fact that this crime happened 11 years ago mean she cannot get justice? It was either in Phoenix or Southern Illinois.


texts: Clarify section of the Hire Purchase Act

texts:
can someone let me know if i'm reading this correctly.
Is point 2 stating that if I purchase a vehicle from a private seller, and he/she does not inform me that the vehicle is subject to a hire purchase agreement, then the title of the vehicle still goes to me? As I purchased this vehicle in good faith, and wasn't informed.
Some of the terminology trips me up:
disposition: the act of the sale?
debtor: the finance company?

Section 27
Protection of purchasers of motor vehicles.

This section applies where a motor vehicle has been bailed or (in Scotland) hired under a hire-purchase agreement, or has been agreed to be sold under a conditional sale agreement, and, before the property in the vehicle has become vested in the debtor, he disposes of the vehicle to another person.
Where the disposition referred to in subsection (1) above is to a private purchaser, and he is a purchaser of the motor vehicle in good faith without notice of the hire-purchase or conditional sale agreement (the “relevant agreement”) that disposition shall have effect as if the creditor’s title to the vehicle has been vested in the debtor immediately before that disposition.

https://www.legislation.gov.uk/ukpga/1964/53


texts: Can I copy & paste an entire article from Medium if it's written by me?

texts:
If I use the blogging platform Medium, to which extent can I (not) reuse the content I have published there on a personal blog website? My naive view on that matter is:

I am still the owner of the text and can republish it anywhere, same goes for own or public domain images
I can use links with text and image previews on my own blog, linking to Medium-posts
I cannot embed Medium posts in an Iframe on my own site
I cannot copy comments from medium which belong to their rightful owner, even if I participate in the discussion under the article

Is that correct?


texts: Is it illegal to download abandoned apps no longer sold on Google Play Store?

texts:
Lets say you want to buy an app. Specifically Super Monkey Ball 2 which is no longer sold because it is unsupported by newer versions of android.

The game runs great in newer versions of android.

You just can't buy the game anymore.

Here are the games by Sega and there's no Super Monkey Ball.

So, you can't buy the game if you wanted to!

So, is it illegal to get the game in an unauthorized way since the game has been abandoned by the copyright holder?


texts: Can video game companies sue for slander or defamation

texts: So I know this may turn into a large debate, but I just want to address the question if video game companies could sue the people saying that they are causing mass shootings for slander or defamation? If they could, do they not do it because they are unlikely to win or are there other reasons? Also I have very little background in law so please explain it in detail, I'm not even sure what the difference between the two are.  Please stay on topic of the question.


texts: "Designated Survivor" scenario: What if a President is sworn in and someone earlier in succession resurfaces?

texts:
If something like what's depicted in "Designated Survivor" (TV-show) happened – POTUS, VPOTUS, Speaker, &c, were all (believed to be) dead – and the "designated survivor" had become acting President and then sworn in as President:

What would then happened if someone further-up the line of succession were found to be alive?  Would the new President then be automatically removed from office?
Or would he remain President even if it turns out he was sworn in by error?
 Would he be obliged to step down?  Could he refuse?

If he didn't step down, would the one higher up in the succession have a claim on the office?  Could he too be sworn in, and become sort of an "anti-President" (like how there were two Popes – the Pope and an "anti-Pope")?

Would it matter who resurfaced?  For example, is the answer different if it was the Vice President who was later found alive, or some other elected official (e.g., the House Speaker) instead of "just" another (but higher-ranking) appointee?

And what if the President himself was found to be alive days later (and still able to perform his functions)?  Would that compel the new acting President to step down?


texts: Can I assign a 2nd copyright to my employer

texts:
We are using some of my pre-existing, personally copyrighted open source software libraries at my employer. Recently they have asked me to "fix" the copyright so that it is theirs.

I have no objection to them owning a version of the code, i.e. that they own the copyright to, however I want to retain the ownership and copyright of the original code as it existed before I came here.

Is there a reasonably painless way to achieve this?

Thanks.

Cross-posted from Open Source, per a commenter's suggestion.
https://opensource.stackexchange.com/questions/6230/can-i-assign-a-2nd-copyright-to-my-employer


texts: If my client's website gets hacked, who is responsible?

texts:
I have a software-development firm based in Austria and my client's website got hacked.

The Client wanted the website to be based on Wordpress, and since Wordpress gets hacked regularly, there was no wonder that the website actually got hacked after some time.

Via the server logs I can clearly see the hack was perpetrated by an exploit of Wordpress itself and not via the server or some other exploit.

I have no backup of the site.  The client wants me to rebuild the site without any additional payment.

Am I liable for the damage and do I have to rebuild the site free of cost?


texts: Can the law limit what heath care providers I see if I have commercial and medicaid?

texts:
There's a bit of story to this:
We had been trying to find a therapist for my son. We wanted one that we felt comfortable with. We didn't care if the provider was out of network or if we'd have to pay for their services out of pocket. We found one that we all really like and have seen them for several sessions now.
We have commercial health insurance through my work, and my son also has insurance through the state (Wisconsin) under Medicaid. My commercial insurance has zero out of network coverages.
The provider billed my commercial insurance first for the services, knowing that it would likely be declined due to being out of network.
After it was declined, the provider then sent the claim to Medicaid, and they declined it too, saying they won't cover any of it since it was out of network to my commercial insurance. I'm fine with that, we just pay for the services out of pocket and that's that. Apparently not. The provider has told us that we can no longer see them because they cannot accept payment from us. The provider said they heard this from a representative at Medicaid and that they read it in some documents.
One supporting quote that I was provided with to support their claim that they can no longer see us is this:

BadgerCare Plus and Wisconsin Medicaid will not reimburse the provider if the commercial health insurance plan denied or would deny payment because a service otherwise covered under the commercial health insurance plan was performed by a provider outside the plan. In addition, if a member receives a covered service outside their commercial health insurance plan, the provider cannot collect payment from the member.

The provider went back to the representative to confirm that they can't bill us even if insurance isn't involved and they were told:

No they can’t, that would be considered fraud.

Is this legal? How can I not just pay for a service out of pocket? What fraud would I or the provider be committing? I'd understand if we went into this whole thing thinking that it was going to be covered by insurance, but we knew insurance likely wasn't going to cover it.
Any help or advice would be really appreciated.


texts: Required data entry seemingly against GDPR

texts:
From https://security.stackexchange.com/questions/186327/why-do-some-gdpr-emails-require-me-to-opt-out-and-some-to-opt-in :

  As a consequence the "G29", the group of national data protection
  authorities in the EU, affirmed that if a user has no real choice,
  feels constrained, or will face negative consequences for refusing
  consent, then the consent given is not valid. The G29 therefore
  affirmed that GDPR guarantees that giving consent to processing
  personal data cannot be the counterpart of providing services.

Spanish law demands that anyone providing hospitality enter personal data into a database on every guest within 24 hours.  Seems like we would have to start asking guests to sign a stupid consent form, and not let them stay if they don't.  But that would violate what's quoted above.  If we let them stay and don't enter their data, https://www.vacaciones-espana.es/rentalbuzz/policia-explica-el-proceso-de-identificacion-de-viajeros-en-vft says we are subject to huge penalties.  If we enter their data without their consent, we AND the Guardia Civil are violating the law.

At least that's my untrained interpretation.  What am I missing?


texts: Designer starting business and what area of laws to investigate

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What arrears of laws would be best to investigate if I am trying to open a original design business (flyers, graphic tees, paper products)?

Contract law,Business law, Copyright law?

Specific examples of classes online or at community colleges?


texts: Taking advantage of seller pricing errors

texts: I saw a website which was selling things, but a few of the items were $0.00. If I was to buy the item, I'd only have to pay shipping for it. I'm no expert but I've been around the block and the website seems legitimate and it just looks to be an error or mistake on the website. Would it be illegal to take advantage of this and get the item for free (not including shipping)?


texts: How strict should I be with "to the best of my knowledge"?

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The Question:

In many legal documents, there is a section for you to sign where you declare that the document is correct to the best of your knowledge.  If something small or relatively unimportant is incorrect in the document, would you sign it?

Some Context:

I'm completing a loan application where both I and my wife are joint applicants.  Included in the document is a table showing our current debts, which is mostly our mortgage.  The table also has a mark on each row indicating if the debt belongs to the primary applicant (me) or the "other" applicant (my wife) and then a "total", which is the sum of all the debts.  For some reason, the table lists the mortgage for me, and then again for my wife, so the total is about 2x what it should be (a large sum).  I informed the loan officer that this was incorrect and did not reflect the actual debt that we carry.  They indicated that they cannot change it because the table is auto-populated using data pulled from our credit report and the mortgage is listed twice because both of our names are on the mortgage.  Instead they countered that many people sign this and that it isn't all that important because I'm just disclosing my debt.  So I offered to not sign that portion since it was so unimportant.  They obviously would not allow that.

I understand that the purpose of this section was to say "hey, here's all my debts, I'm not stretching myself too thin."  So if my reported debt is high and the bank is willing to give me a loan anyway, then this section of the document shouldn't matter to me.  However, I don't feel comfortable signing a legal document saying "this is all correct" when I know it isn't correct.  Am I being unrealistic?


texts: What does phrases "Deserve an asterisk" and "Putting an asterisk" besides someone's name, means morally and in lawman's terms?

texts:
I got to see this amazing web-series called "Suits", I just wonder is there an actual legal proceeding called "putting an asterisk" besides some lawman's name ? If there is what would it mean in Law & Constitutional terms and what it would mean, looking from general and moral perspective ?

Now I know that everything they have shown in "Suits" might not be true and somethings are ought to be exaggerating and false but if they have mentioned this terms repeatedly and with emphasis then I don't think this could be entirely false and irrelevant with the Legal Processes.

I googled it and couldn't find any relevant info on this pertaining to Law...

So could anyone help me understand this concept in detail, as I said, from the perspective of Law and moral side of it ?


texts:
There is a case where a person born in england and held the UK citizenship but at the age of 7 he/she left the UK along with her family into another country and never entered the UK for almost 12 years is he/she still considered as a british citizent or he/she have to go throuhg the process of getting a new citizenship

Is there an absence limit to withdraw the British citizenship from a person born there?


texts: What does "resting on" mean in Vehicle Code 27400 VC (drivers aren't allowed to wear headphones in California)?

texts:
The California state law Vehicle Code 27400 VC (mirror) states that:

  A person operating a motor vehicle or bicycle may not wear a headset covering, earplugs in, or earphones covering, resting on, or inserted in, both ears.

What does "resting on" mean? Does that mean touching? Covering more than x % of the ear? etc.


texts: I live outside of Europe. If I gain e-Residency in Estonia, will I be protected by GDPR regulations?

texts: Are people who gain an Estonian e-Residency treated as a European citizen under upcoming GDPR regulations?


texts: Paid double state taxes as a remote worker, how do I resolve?

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During the 2014 tax year, I moved from Pennsylvania to North Carolina. I kept the same job working for my employer in Pennsylvania as a remote worker.

Despite several requests on my part for my employer to update my tax withholding information for the state of North Carolina, my employer never did so.

Come tax time, my tax advisor had me file taxes as a part-year resident, paying taxes to both North Carolina and Pennsylvania, despite my W-2 only showing taxes withheld for Pennsylvania. As a part of the PA tax return, we requested a refund for the time worked remotely, and taxes were paid to North Carolina for this time.

Pennsylvania rejected this request for a refund because of what the employer reported with my w2, despite me sending a copy of my mortgage showing my change in residency, and a copy of my North Carolina tax return showing the taxes paid.

Pennsylvania wants something from my employer backing up my claims, but I've since left that employer, so they are unwilling to do anything for me.

How should I proceed in this matter?

Was the advice of my tax preparer incorrect, and I should've never reported income to North Carolina?

Can I hold my former employer liable in any way, or make them cough up the information that Pennsylvania wants?


texts: What remedies are there if it was subsequently discovered that a witness lied at trial?

texts:
Suppose this is a tort case (my understanding is unlike a criminal case there is no double jeopardy in tort cases), where a plaintiff was suing a defendant for a lot of money in a tort.

A witness testifies that s/he was with the defendant at the critical time (true) and that the defendant was not at the scene of the tort and could not have committed it, and this testimony causes the defendant to go scot-free. After the trial, a police or other investigation establishes that the witness, and probably the defendant, was at the scene of the tort, meaning that the testimony was false.

What remedies are therein the United States? I would imagine that the witness could be prosecuted for perjury. My guess is that the plaintiff could prosecute the witness for the lost damages. Are there any other remedies like reopening the original trial or declaring a mistrial so that the plaintiff could sue the (deep-pocketed) defendant, or would this be double jeopardy?


texts: Should "LLC" be included on the sign on my business front door (California)?

texts:
Does California require that I append ", LLC" to my business name for the letters silkscreened on the front door of my business, or the building directory facing the street?

Things I've read online suggest yes, but none were California-specific.

My landlord recently silkscreened my name on the door, and didn't add the LLC. I need to ask them to re-do it if that's the case.


texts: Can BAC (blood alcohol content) be interpolated for DUI/DWI criminal prosecution?

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It is common for a statutory BAC (blood alcohol content) level to determine whether the operator of a motor vehicle is guilty of Driving Under the Influence (DUI, which in some states is called DWI for "Driving While Intoxicated").

My question is: Do any states have a provision in law for interpolating a suspect's BAC backwards in time?  It is known that alcohol is metabolized over time.  I am wondering if a lower threshold on that metabolic rate has been codified anywhere in law.

E.g., suppose (as is the case in many jurisdictions) that the statutory BAC threshold for DUI is 0.08%: If a suspect is measured to have a BAC of 0.07%, but is known to have been driving at some point in time prior to the measurement, how (if at all) do any jurisdictions allow the suspect's BAC to be interpolated to the earlier point in time?

For example, there may be some significant delay between when a suspect is observed driving and when the suspect's BAC can be assessed with a legally sufficient test.  During that time the suspect's BAC continues to decrease through alcohol metabolism.  Given enough of a delay, a suspect who was in fact operating with BAC over the legal limit may end up showing a BAC under the legal limit when finally tested.  Do any jurisdictions allow the state to account for that delay to assert that the BAC while operating the vehicle was higher than the level read by the test?


texts: How to find your public criminal record?

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When dealing with insurance, people always tell me after so many years, certain offenses "come off" your record and your insurance prices go down. I'm curious how this works.

I don't have any serious infractions and my insurance is not unreasonably high, this is motivated by pure curiosity.

The two infractions that I do have from when I was a teenager, I am able to find the court records by going to the specific county court. But my current insurance provider doesn't know what county I lived in when I was younger, so unless they searched every court in the nation, they wouldn't be able to find anything, and if they did, I'm not sure they could even prove it's me. Additionally, I can't expect court records to ever expire. The judge clocked time that day, a trail happened, my gut says the record of that really shouldn't ever disappear.

So what does it mean when someone says an infraction is "on your public record"? How is that accessed?

Thank you.


texts: Is the typo in the 25th amendment significant?

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The fourth section of the 25th amendment to the US constitution provides for the president to be declared unfit involuntarily.  The first of its two paragraphs describes the declaration itself, made by the vice president along with "a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide."
The second paragraph describes a mechanism for the president to resume the "powers and duties" of the office by declaring "that no inability exists."  This paragraph also establishes a mechanism for "the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide" to challenge the president's declaration.
This question is about the difference in the designation of those whose action is required along with the vice president.  The first paragraph uses the word "departments," plural, and the second uses "department," singular.
I suppose that the second paragraph was added during the debates on the amendment, and that the use of the singular in the second paragraph is probably an error.
Would courts be likely conclude that the difference is unintentional?  If not, does the use of the singular change the meaning of the phrase significantly?
I am especially interested in answers that look at the the legislative history of the amendment to support or refute the hypothesis that the second paragraph was an addition to the original form of the text.  As far as I can tell, the relevant congressional documents are not available online for the 1960s.


texts: Exposed to toxic chemical, but little symptoms - workers compensation or personal injury claim?

texts: I've been exposed to a toxic chemical 5 days a week for 2+ years at work because I was improperly trained and told it was safe to use without gloves. I was trained directly by the owner of the business if that matters. Besides a burning sensation on my hands after work and coughing because of inhaling small amount of the chemical a few different incidents I have no noticeable injury. Am I eligible for  workers compensation or a personal injury claim?


texts: do "temporary" rider's carry over to final divorce agreements when the whole agreement is carried over

texts:
When my ex an I got divorce I agreed to a clause and specifically put "during the temporary period" to ensure that it expired. We went to the final hearing and carried over all provisions from the temporary agreement without discussing this one. She is now arguing that it is still valid about a year after the final agreement was signed(Aug '18).

We are going to court tomorrow to discuss before a judge...just wondering what the consensus here is


texts: Is is lawful to install a hidden camera on my car?

texts:
I have a terrible neighbor, whom, among the litany of other offenses, I suspect of putting nails in my car tires.

I approached my apartment management about installing a hidden camera, and they responded essentially by saying, "We can't give permission, but we can't say no. Good luck catching him, not that we condone it."

Is it lawful to install a hidden camera on my car with the intent to use footage/images as evidence to give the police or use in court?


texts: Does the term "commercial" exclude nonprofit?

texts:
The terms and conditions for the use of Getty images allows the free use of embedded images legally.  As it says at the web site (http://www.gettyimages.com/embed)

"Share more than 50 million images. It's easy, legal and free."

However the terms and conditions page says this:

  Content may not be used: (a) for any commercial purpose (for example, in advertising, promotions or merchandising)

So my question is this:  If a church, a bona fide 501c3, is having a food festival, and the church's web site is used to publicize (one might say advertise the event) may the Getty content be properly used according to these terms? To put it another way, the imagery will be used in advertising, but the purpose is not commercial. The terms and conditions seems to assume that all advertising is commercial. Can I ignore their error, if it is one?

To be clear: The church will charge money for food and use the resulting revenue to offset its operating expenses.

Thanks


texts: How to challenge validity of housing inspections in regards to eviction

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Jurisdiction is Western Australia.

If a landlord is experiencing financial troubles, and is attempting to evict their tenants on false grounds, in order to increase his sale price or make finding a buyer easier, how can those tenants challenge these false assertions and retain their tenancy?

The landlord is asserting lack of maintenance/cleaning of the property, including leaving tracks and windows dirty, whereas the tenant asserts that they are clean.

Is this behavior illegal? Can having a dirty rental be grounds for eviction, and if so, how can a tenant determine what maintenance is needed? Can the eviction be preemptively stopped or must it be challenged in court, and if so how?


texts: What does "without apportionment" mean in the 16th amendment of U.S. Constitution?

texts:
Here's the text of the 16th amendment to the U.S. Constitution:

  The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

What does "without apportionment among the several States" mean?

To me it sounds like something similar to the electoral college, where Florida has more people than Georgia by an approximate ratio of 29:16, therefore we will charge Florida 29% income tax but Georgia only 16%. That sounds absurd to me and I'm pretty sure it's not done that way (and hopefully wasn't done that way before the 16th amendment?). But I can't understand what else "without apportionment" might mean.


texts: Want to rent mother-in-law suite to short-term, vacation renters, what type of business should I establish to protect me?

texts:
I am trying to figure out what type of business (not what type of insurance) I should establish to protect us from people who might do stupid things while on our property. For example, if someone injures himself while misusing the instant hot water, how do we ensure we're protected against litigious, accident prone, stupid people? Is an LLC enough? Thank you for any help!!
I will not have ANY employees. It's just me and my husband and I will be the "inn-keeper". I realize I need to get insurance as well, but I'm trying to understand if an LLC is the best way to go for establishing ourselves as a business.


texts: How are royalties handled for modern orchestral music?

texts:
I'm curious how royalties are handled for orchestral compositions (e.g. symphonies, concerti, quartets, etc.) in modern times (20th Century and later).
For example, Dmitri Shostakovich's compositions are presumably still under copyright in Western Europe and the USA, since it's been less than 75 years since his death, and all his compositions were published after January 1, 1923.
(I'm picking Shostakovich in particular since I've grown fond of his symphonies, concerti, and other works in the past few years and have amassed a collection of CD's and digital downloads of many recordings and performances.  His body of work would presumably fall under current copyright laws internationally, e.g. Berne Convention, etc. since all his compositions were published in the 20th Century.)
First example:
André Previn conducts a studio performance of Shostakovich's 8th Symphony with the London Symphony Orchestra, recorded for EMI/Angel records.  The record label releases the album for commercial sale.

Does the composer receive any royalties from the sale of this recording?
I'm assuming the record label collects mechanical royalties and profits from the sale of the album - do they usually give a flat fee or a percentage of sales (or both) to the orchestra?

Second example:
The Pacific Arts Trio (also featuring Previn) stages a performance of Shostakovich's Piano Trio, Op. 67.  This performance is presumably for a paying audience, of which the trio is expected to earn some performance royalties as a "...life raft for the three of us."

Does the composer receive any royalties from this particular performance?  Or, from any contemporary public performance of his compositions still falling under copyright protection?
If not from particular public performances, then is the composer's only source of royalties from publishing the written work (i.e. sheet music score)?

Please note that I'm using the present tense wherever I can here to inquire about how copyright protection and performance royalties work in the modern sense.  I already have a pretty good idea (still unclear on some parts) how royalties work for contemporary popular rock/country/R&B music, etc.


texts: What is the priority of potential extraditions in Assange case?

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Julian Assange has been arrested by the Metropolitan police for jumping bail and also pertaining to an extradition request from the US.

Also the lawyer for one of the alleged victims of sexual assault in Sweden has asked the Swedish prosecutor to re-open the investigation. This could result in the prosecutor asking the UK for Assange to be extradited to Sweden to face charges.

I would expect that Assange would serve any sentence for the bail violation in the UK prior to being extradited. However, what would the priority be between the US and Swedish extradition requests were Sweden to request such?

And as a follow on, if the UK granted both requests and extradited Assange to the US, say, is the US obligated to then send Assange to Sweden following the completion of their process?


texts: Is it a crime to shoot a kidnapper who is in the process of kidnapping your child?

texts: If someone was in the process of kidnapping your baby and you were chasing after that person, if you have a gun on you and you use it to shoot that person and then that person dies, would you be charged with murder?


texts: Is a fraudster liable for losses in this situation?

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The usual rule of law is that a fraudster is liable for all losses/restitution, due to their fraud, whether or not reasonably foreseeable.

Suppose a fraudster's deception causes a person to take a course of action they wouldn't have otherwise taken. As part of that, they suffer losses due to a second person's tort. Is that loss recoverable from the fraudster as well?

Specific situation:

A person (A) seeks to buy an asset but is greatly deceived by the owner (F) of the asset. (I'm assuming that deceit, reliance, litigation etc are clear, see assumptions at end of Q).

A attempts to be safe by asking a professional valuer (V) for an opinion on the asset before signing, but V was negligent and the valuation was defective. (I'm assuming blatant negligence, reliance, etc)

As a result, A suffers a loss.

If either (1) F had been honest, or (2) even with a dishonest seller had V not been negligent, A would not have bought the asset and therefore would not have suffered the loss.

Usually A would seek damages for their entire loss from V, because professionals often carry insurance against negligence claims.

But I am interested in whether, in law, F still remains liable for A's entire loss, despite any impact of V. Reasons for A wishing to hold F liable for the entirety of loss might be:

V is now living overseas and hard to litigate against;
V did not actually have insurance, or there would be no  assets to pay the claim if successful;
V is a personal friend of A and A wants to avoid suing his friend and breaking a friendship;
A incurred various unrecoverable expenses in claiming against V, and he feels that F should be liable for all losses flowing from the deceit;
An associate or relation of A (called "B") has also suffered from the deceit and purchase of the asset but B lacked a contractual relationship with V and was not foreseeably reliant on V's defective valuation, and therefore B's only recourse is against F for the loss flowing from a deceit, not V.

Legal arguments

A argues that, but for the deceit, neither A or B would have been exposed to a defective valuation or defective asset in the first place, so their entire losses flow from F's deceit and the subsequent valuation error is irrelevant: without F's deceit they wouldn't have put themselves in a position of relying on V in the first place.
F argues that he isn't liable for any material amount of damages to A or B, or for any unrecovered outlay A incurred in suing V, because ultimately A and B only suffered loss in the end due to an unconnected third party's negligence (V). In the alternative, F argues that if found liable, he is only liable for part of the losses claimed by A and B, due to contributory negligence by V.

Is there clear precedent in case law that backs either of their positions?

Or, put another way, is there case law precedent for a deceiver being liable for loss due to a subsequent problem, on the legal ground that "but for the deceit the claimant would never have put themselves in a position where they would have been exposed to the risk of that subsequent problem, in the first place"?

NOTE: Assume for this question that UK law applies, and all criteria for the claims are met: the fact of any deceit or negligence is blatant and uncontested, the fact of reliance or mitigation is uncontested, and so on. So the question is only about how the subsequent matter affects F's liability.


texts: GDPR: what can I record about website visitors?

texts:
My use case is very simple. I have a website, on which I have articles that I wrote. It behooves me to learn about the people who visit my site so that I know what articles are popular and why, mainly. I want to record the following:

time/date of visit
what browser they used, and what OS
what their ISP is (or other type of host), which seems hard to determine so usually I don't have this info.
what webpage they visited.

Noticed I do not record:

IP address
GPS coordinates (no drone strike possible)
any username or password
the person's name, because I don't know it

And there are no cookies.

Does the GDPR allow this limited recording?


texts: Searching license to allow commercial use but not selling

texts:
I'm currently distributing my software to create websites under the Creative Commons BY-SA 4.0 license. Now some people are selling my software as it is, which is allowed by this license. I don't like that users are paying for software to people who didn't made it and which is available for free.

If I would switch to the non-commercial version of CC-BY-SA 4.0, this would also forbid companies to use my software for their business website, wouldn't it?

I'd be happy about tips which license I could use for my software to allow commercial use but not selling it.

Thanks for your answers!


texts:
I don't know much about the law so terms may not be correct.

I am in a contract with a party (partyA) that is closing part of the business as it is losing money. The nature of the contract is I just get a small portion of income from the services they deliver using software I provide.  That portion (%) is in the contract.  PartyA needs to transition the service to existing customers as they would risk getting sued.  They are turning contracts over to a general hosting provider.

So I am thinking OK we just end the contract. I have been informed that partyA plans to exercise an "18 month divestiture" clause and I am still bound to the to support even though I will get zero income. There is really nothing more than "18 month divestiture".  The hosting company is not picking up my contract. I have been told data (data does not belong to me) and my software will be handed over to the new hosting company and they may chose to enforce support via this divestiture clause. The new hosting company will take over the contracts with existing customers. This is not a court forced divestiture or bankruptcy.  This is voluntary closing of part of the business.

The company (LLC) is staying in business.  I am having a real problem claiming divestiture and leaving the company in business.  There is nothing in the contract that identifies hosting as a separate business.  That component is (was) actually the main component of the company. The company in still enforcing other terms in the contract - for example I cannot sell to another local competing company.

Can I be forced to support software I am not getting paid for?

Can partyA even give my software to this new hosting company?  My contract is with partyA for in house use of my software.  They don't even have a license to distribute my software.

I did this under a guest account as partyA is aware of my regular account