texts:
I applied for Thai visa in India, when Indian lockdown was started, visa center stopped operating. But they still didn't return my passport to me. They are saying " it is impossible because we are closed".
I should mention that there is lockdown in India right now. But at the same time I think government is not prohibits to them limited operating like passport returning, because it is very critical service.
When I ask their support about that nobody reacts properly, just "we are closed, come later". But I'm foreigner, for me extremely important to get my passport back, at opposite case I risk to stuck in India for months.

Please say their action is legal or not?

Lockdown government guidelines: https://mha.gov.in/sites/default/files/Guidelines_0.pdf

Please, I'm seeking for professional legal advise. If you're very good software engineer or system administrator try to help somebody in other topics where you have solid professional expertise =)


texts: Is information required for an Unemployment application exempt from NDAs? I signed one when I was hired, agreeing not to discuss my employer (a celebrity, hence the NDA), employment, separation, etc. but does that mean I can't explain the circumstances of my firing to the Unemployment office? I wasn't fired for something that should prevent me from receiving Unemployment, and the circumstances of my firing don't reflect negatively on the celebrity or the company.


texts: Limitations or exceptions at the state level to ex post facto laws?

texts:
There is a local (but nationally recognized) law firm that has this commercial. The "meat" of the commercial is this:

  A biker is injured and the law firm goes after the insurance company. Company says it won't pay because of a law that is "on its side". Law firm goes to Madison (WI) and gets the law changed. Law firm recovers $2 million for client.

Now I was under the impression that you cannot hold somebody liable for events that transpired prior to a law being changed/created (ex post facto). Are there cases as above where an entity (person/business) can be held liable for actions prior to them being enacted in law?

For example if my township passed a statute that says "cutting your grass is a civil offense punishable by up to $X", and then sends me a fine for every year I've lived in the house, I don't think that would be enforceable.

I know that there are ex post facto laws in the US that are held such as the "Adam Walsh Child Protection and Safety Act" or the "Domestic Violence Offender Gun Ban" that were retroactive (mostly because they do not impose a punishment). I know that States are prohibited from passing ex post facto laws by Article 1: Section 10, Clause 1, but I'm specifically asking about the legitimacy of the law offices claim and how it could possibly be true.

I do not know what law the law firm got changed, they don't mention it even though they state pretty prominently that they were thanked for doing so publicly.


texts: Can an incapacitated individual consent to marriage?

texts:
A friend was to be married on Saturday afternoon.  He suffered a debilitating stroke Saturday morning.
Today he can respond to verbal prompts to move his left hand a bit.
This occurred in the USA in the state of South Carolina but I’m also interested in law related to the issue from other areas.
Could a hospital room marriage take place, given his limited physical ability, that is legally binding in every way?


texts:
In the US, two speakers have a public debate. It is free of charge to all who show up at the public venue. No one is paid anything but (possibly) expenses such as travel. Any additional expenses for the debate like venue rental are paid for by a third party. There was no contract or verbal agreement regarding money beyond that the debaters would be there at a certain time and place.

The first debater arranges for the debate to be audio recorded, and afterward posts the recording for sale online for $13. An indirect inquiry by the second debater who desires to share the recording for free on his own site receives the answer that the first debater is asserting copyright and the recording can't be shared for free.

Who owns the copyright to this recording?
Can the second debater share the recording (obtained by paying $13) for free legally? And give rights to others to copy it further?
Is the second debater able to legally demand half of the profits?


texts: Cyclist killed in hit-and-run; will cyclists be allowed on the jury?

texts:
In the near future, a motorist who allegedly ran down and killed a cyclist will be going on trial for the offense.

Will the defense be allowed to (a) ask prospective jurors if they are cyclists, and (b) will any potential jurors who answer "yes" be excused from jury service?


texts: Can I sue breaching party if I got lucky and avoided damage?

texts:
My ex-landlord stole some of my furniture. In a settlement he agreed to return it. When I went to pick it up it was not there. A friend of mine let me borrow their truck for free (they came too). Can I sue the ex-landlord for the cost of renting a comparable vehicle?

I was advised I could sue for time spent where I could have been at work and was wondering if this is similar.

Technically speaking, is it correct to say a party "broke", "violated" or "breached" (the terms of) the settlement?


texts: USPTO: Intent to Use Trademark Registration

texts:
Intent to use trademark registration with USPTO in the US. Individual legal entity type.

An intent to use trademark registration does not show evidence of a mark being used in commerce. An ITU registration and potential extensions of time require evidence that a good/service is on its way to market but such R&D does not necessarily constitute business activity.

Do you agree with this statement?
Could a person that is temporarily but contractually and exclusively tied to an employer (a foreigner through a work visa for example) file for their own ITU registration for the future, as an individual?

What risks might they be exposed to?


texts:
I pay Microsoft $100 per year for 6 TB of cloud storage for a lot of personal videos.
Assume that there is a fire and Microsoft loses all of my data.  It is not clear whether
Microsoft stores my data redundandtly in multiple locations, but for the sake of this
question, assume that I prove that Microsoft stored my data at only one location (and
that I therefore argue that Microsoft was negligent).
The important contract terms
are below.  So, yes, I have agreed to a $100 limit, but Microsoft concedes that "SOME
STATES OR PROVINCES/territories DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES".
What state of residence would be best for me for a lawsuit?  Is there any precedent
or method I can use to assess expected legal damages (given that I lose 2000 hours of
"priceless" family videos)?

Warranties and Limitation of Remedies. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, MICROSOFT AND ITS SUPPLIERS, DISTRIBUTORS, RESELLERS, AND CONTENT PROVIDERS MAKE NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, OR NON-INFRINGEMENT. PRODUCTS OR SERVICES SOLD OR AVAILABLE IN THE STORE ARE WARRANTED, IF AT ALL, ONLY UNDER ANY LICENSE AGREEMENTS OR MANUFACTURER’S WARRANTIES THAT ACCOMPANY THEM. EXCEPT AS PROVIDED UNDER AN ACCOMPANYING LICENSE AGREEMENT OR MANUFACTURER’S WARRANTY:

YOUR PURCHASE AND USE ARE AT YOUR OWN RISK;
WE PROVIDE PRODUCTS AND SERVICES "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE";
YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE; AND
SHOULD THEY PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE STORE OR SERVICES. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL DOWNTIME OCCURS. WE DO NOT WARRANT THAT ACCESS TO THE STORE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT CONTENT LOSS WON’T OCCUR.
If, despite these Terms of Sale, you have any basis for recovering damages arising out of or RELATING TO the Store (including the Services), or any product or service offered, your exclusive remedy is to recover from Microsoft or ITS suppliers, resellers, distributors, and content providers DIRECT total damages up to (1) the price or fee for one month of any service, subscription, or similar fee (not including the purchase price for hardware, software, support, or extended warranties), or (2) if you live in (or are a business with your principal place of business in) the United States, US $100.00 if there was no service, subscription, or similar fee, or (3) if you live in (or are a business with your principal place of business in) Canada, CDN $[ ] if there was no service, subscription, or similar fee.
YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY APPLY.

Limitation of Liability. YOU AGREE THAT YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, OR LOST PROFITS. The limitations and exclusions IN SECTIONS 26 AND 27 apply even if you incur damages and even if we knew or should have known about the possibility of the damages. SOME STATES OR PROVINCES/territories DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

To the maximum extent permitted by law, these limitations and exclusions apply to All CLAIMS, UNDER ANY LEGAL THEORY, related to the Store (including the Services), these terms of sale, or any product or service offered, including loss of content, any virus OR MALWARE affecting your use of the Store OR ANY PRODUCT OR SERVICE ACQUIRED FROM THE STORE; AND delays or failures in starting or completing transmissions or transactions.


texts: Are Pornographic Websites Really Only for 18+?

texts:
Every time I go to porn sites on the internet, it always asks if I'm 18 years or older before I can enter. Are websites legally required to do this?

I honestly don't understand the point of it, if I was under 18, couldn't I just click the box saying I'm 18 years old then enter?


texts: Income tax bracket threshold for zero tax in the US and regarding no income at all

texts:
(1) I am trying to find out whether one has to file any income tax if they are an American citizen permanently living abroad but having literally no income?
(2) While trying to search about this on the internet, I wondered why is there no tax bracket with 0% or nil income tax (the UK doesn't tax income upto £12,500 for example). This means that people earning below that threshold are exempt from paying tax. Is there no such Nil or 0% tax thing in the US? So many countries have this minimum threshold income where no filing of income tax is required. Even countries like India have such policy. But I can only see that in the US you have to pay 10% tax minimum no matter how less you earn.
I would really appreciate if you could help me regarding those 2 questions.
Thank you:)


texts: Can a tenant ask the occupant listed in the house agreement to vacate immediately & legally? In Texas,USA

texts:
This is in Hunt county, Texas, US. I had signed as tenant and took a house for rent. With couple other person's listed as occupants. The person's have not signed but just listed.

But the occupant has paid his share of rent (1/3) for the current month. So am I legally eligible to ask one of the occupant to vacate immediately before the current month ends or call the cops for force eviction?


texts: In Apple's Case, Under the All Writs Act - What does "Judicial Tools" Available Mean?

texts:
Question:

Under the All Writs Act, 28 U.S. Code § 1651 - Writs, it appears that it can only be invoked IF AND ONLY IF there are no other "Judicial Tools Available" -- What does this mean?

In Apple's Case: If there are several "Alternative Methods" to attempt to hack the device -- would the All Writs Act still apply in this case?
Can the All Writs Act still be invoked if the most efficient method is not available, but other less efficient methods are available?

Context:

In the case of the Court's order to Apple to provide digitally signed -- custom firmware:

In the "Information Security Stack Exchange", it is suggested that the FBI could attempt to decrypt the iPhone in question using other means, (Stack Link to the Issue).

Wikipedia's All Writs Act article suggests, (referencing this paper) that the All Writs Act can only be invoked IF AND ONLY IF the threshold Burden of Proof is met -- that there are no other "judicial tools" available.

Does this mean "no other judicial orders, or laws" -- or does it mean "No other alternate means to accomplish the task"?


texts: Why was Charles Manson convicted of murder?

texts:
Charles Manson's sentence is for first-degree murder. This is defined as

"any intentional murder that is willful and premeditated with malice aforethought. "

How can this be the case if he did not murder and only encouraged others to kill? Isn't his crime incitement at worst?


texts: Why do laws or contracts repeat themselves unnecessarily?

texts:
Legal texts - laws, contracts, etc - often contain passages that say something like, "You agree to waive your rights to blah except as prohibited by applicable laws or by the Whatshisface Amendment to the Something Act of 1985."

What is the point of explicitly calling out the Whatshisface Amendment when it is clearly redundant after "applicable laws"?


texts:
https://abcnews.go.com/GMA/News/surveillance-video-released-hotel-incident-jazz-musicians-son/story?id=74985452&cid=clicksource_4380645_7_heads_posts_card_hed
Given the assault shown on the video (female suspect tackles minor): if NYC (city) does not prosecute, what recourse does the minor's parents to obtain justice?   State / Federal?


texts: What principal of law allows the US federal government to demand that people work without pay?

texts:
Certain US federal employees are required to work without pay in the event of a government shutdown (i.e. budgetary incompetence). If you are classified as an an essential employee, you must work with no idea of when you will get paid.

How can this be legal? Why is it not a criminal offense as a sort of temporary enslavement?


texts: Does CPLR 3119 allow for pro se litigants from a foreign state to take a deposition in NY?

texts:
Unlike Vermont which has recently amended their own version of the UIDDA statute which now explicitly states that the statute also applies to pro se litigants, the New York version of the UIDDA (CPLR 3119) does not explicitly state this.

Does this mean that pro se litigants from another state are not allowed to depose in NY?

New York CPLR 3319 - https://law.justia.com/codes/new-york/2018/cvp/article-31/3119/

Vermont 45(f)(3) - https://www.vermontjudiciary.org/sites/default/files/documents/PROMULGATED%20VRCP%2045.pdf


texts:
As I understand it, a payment default triggers a process in which the storage facility locks the unit and auctions the storage unit contents.   Is there any mechanism that:

prevents the defaulter from bidding?
prevent a straw-man bidder from bidding on behalf of the defaulter?

UPDATE: The concern is that in a scenario where the defaulter is the only bidder, he could conceivably recover his / her assets without paying the bill for $1 or other unreasonable figure.


texts: Can I be prosecuted for smuggling as long as I honestly declare everything I'm bringing?

texts:
Some products are illegal in some countries, or cannot be legally imported.  If I attempt to carry such a product into the country, but then honestly declare it at the border (I would like to declare 50 g of marijuana, sir), can I be prosecuted for attempted smuggling?  Or will I simply be faced with the choice of turning around or forfeiting my goods and continue without trouble?

For the sake of this question, assume the product can be legally possessed in the country of origin and the traveller is arriving by land.

For example, methyl alcohol is readily for sale in most/all EU countries, but cannot be taken by private persons into the Eurasian Economic Union (EAEU).  If I carry it with me still and honestly declare it at the border when entering the EAEU at the Brest - Terespol border, can the Belarusian police arrest me for attempting to bring products across the border illegally, or will I at worst simply have to continue without those goods (or be denied entry and keep my goods)?


texts: What happens when a Canadian not-for-profit organization does not comply with its own by-laws?

texts:
When I search "by-law Canada" in Google, everything I get is about "municipal by-laws" such as as the first result which is the website of a law firm that explains what municipal by-laws are.
Not-for-profit organizations can have their own by-laws too, but I'm able to find very little about them.
If an organization doesn't follow their own by-law, can there be any consequences other than whatever the organization itself decides on its own (assuming that no internal policy or document says anything about what happens if a by-law is violated)?
For the purpose of this question, let's assume I'm a "stakeholder" of the organization, meaning that I am directly affected if the by-laws are not followed, but I am not a "member" of the organization so I am limited in my power to achieve anything "internally".


texts: Can you name your company after a fictional character from a book?

texts:
I would like to name my S-corp after a character from a book. This is not the real name I want to use, but it would be analogous to "Harry Potter Magic Shop".

I found one tangentially related question and the highest voted answer seems to imply that this is okay, but it wasn't entirely clear, there was no accepted answer and this situation might be different because I don't want to use the book's title but rather just a character's name in the book.


texts: How much do I have to change a logo from an Video game IP (pokemon go) to create items and sell them?

texts: I'm an entrepreneur who wants to capitalize on the wild success of the mobile game Pokemon Go. There are three teams within the game that have distinctive logos, see the bird icons in the image below. My question is, if I wanted to take those logos and modify them and print those on clothing and other items for sale, would I be able to do so? How could I protect myself from litigation if I wanted to go through with this plan? Would modifying the original icons, or created brand new stylized version of the icons suffice? Would I have to put that this is unlicensed merchandise on my sale page, and would that protect me?


texts: License incompatibility between PHP and MariaDB?

texts:
I plan to make a simple website with HTML, CSS, PHP and MarìaDB; however, when I read the MariaDB license (GPL V2) I noticed that it is incompatible with the PHP license (this can be seen in the GNU FAQ section).
I have some questions:
If the existence of such license incompatibility means that, for example, when using PHP code to make queries and insertions in MarìaDB, would you be incurring the license incompatibility?
If I were incurring license incompatibility, is there any way I can use PHP and MariaDB without incurring such incompatibility?


texts: Is it legal for someone to try to pass of my website as their own as long as they've kept the same MIT license?

texts:
The source code for my personal website is publicly visible on GitHub and hosted live with GitHub Pages. Back when I was creating this site, I didn't really understand the implications of copyright law too well and gave it an MIT license under my name. I also have a clear copyright notice in the footer of my website.

Yesterday, I discovered that someone else forked my repository on GitHub, changed the repository name to be under their name, and has been editing my site content to try to pass it off as their own, even changing the footer to claim it's under their copyright and leaving many of my blog posts published on their version of the site.

I filed a DMCA takedown claim with GitHub, but I'm wondering whether I am within my right and what steps I should take to protect myself in this particular case and future ones. So my question:

Has the user done anything illegal if they've kept my original MIT license?
What license should I use to protect myself in the future?


texts: What is the legal basis for unilateral share dilution?

texts:
As I understand it, many corporations have provisions in their articles of incorporation that allow them to issue new shares (or options) by board vote and give those shares to themselves or their friends and thereby dilute the value of shares held by other existing shareholders. So, for example, a minority shareholder could essentially have their stake in a company reduced to zero.

This just seems like theft to me. What is the legal basis for it?


texts:
Often when the media describe right to work fights, they say federal regulation mandates unions must negotiate for and give benefits to non-union employees. One example from the Huffington Post is as follows, but this can be found many places.

  Under U.S. labor law, a union must represent all the employees in a
  workplace it has unionized, even those who may not want
  representation. Unions say it’s only fair that all the workers in the
  bargaining unit pay fees to the union to cover the costs of
  bargaining.

On the other hand, I read in an article by the National Right to Work Committee (a lobbying group for "right to work" laws) that unions don't actually have to represent an entire workforce and are free to represent dues paying members only.

  In his November 2014 majority opinion upholding Indiana’s Right to Work law, Justice Brent Dickson bluntly noted:

  The union’s federal obligation to represent all employees in a
  bargaining unit is optional; it occurs only when the union elects to
  be the exclusive bargaining agent, for which it is justly compensated
  by the right to bargain exclusively with the employer.

I'm skeptical of the Right to Work Committee article. It's one lobbying group article against probably hundreds in the mainstream media portrayal, but the article quotes case law and a judge.

Does federal regulation actually require unions to represent non-dues paying employees? Are unions allowed to forgo their privilege as the 'exclusive bargaining agent' and negotiate only on behalf of members?


texts: Company closed and using my holiday entitlement for those days

texts:
I'm a little confused here so hopefully someone can help. I'm from the UK and I get 28 paid holidays a year including bank holidays.

However, the company I work for are closed for 2 days over Christmas, because of this they are currently using 2 days of my holiday entitlement for these days, is it possible for them to use my holiday for days where they are closed?


texts: Are forum users who establish their identity more entitled to protection from libel?

texts:
In an online forum or social network does a user who ties the identity of their presence there to their real world identity have more recourse open to them with regard to being libeled than a user who uses a pseudonym?

Asked another way, is it possible to commit libel against an anonymous pseudonym?


texts: How friendly are learned friends supposed to be during court breaks?

texts:
In a courtroom, just when everyone arrives before the hearing, how common or expected is it for the opposing lawyers to shake hands (covid aside) and have small talk pretending (or really being) friendly to each other?
In other words, would a lawyer who has never met the other one face to face before but has only communicated with them formally by email, be expected to just approach them before the hearing begins, shake hand and say the usual blablabla?
How does that extend to breaks in the middle, or when the hearing finishes?


texts: 'Strict construction' vs. 'plain meaning' vs. 'textualism' vs 'originalism' vs 'original intent'

texts:
Wikipedia propounds 1. 'original intent'. The other 3 terms are from: Richard A. Posner, How Judges Think (2008), p. 191 Bottom - 192 Top.

p. 191

    My last example of traditional legal reasoning is the interpretation of statutes and
  constitutions. It is the scene of interminable debate. Traditionally it was a debate
  between advocates of "strict construction," or its approximate synonym [2.] "plain
  meaning," and of "loose construction" ("construction" meaning "interpretation").
  Today it is more commonly a debate between advocates of "textualism" and
  "originalism," on the one hand, and of "dynamic" or "purposive" interpretation, and
  the concept of "the living Constitution," on the other hand.
    [3.] "Strict construction" can mean interpreting statutes (and other documents to which
  legal significance attaches) narrowly, as in the old "canon of construction" that
  statutes in derogation of the common law are to be interpreted narrowly so as to
  minimize their inroads into that law. Or it can mean interpreting statutes and other
  documents literally, that is, according to the "plain meaning" of their words, without
  recourse to considerations of legislative history, real-world context or consequences,
  or other indicia of legislative purpose. Literal interpretations

p. 192

  can be astonishingly
  broad. "Literal when narrow" may be the practical meaning of strict construction. The
  loose constructionist is a nonliteralist, but he does not necessarily favor broad
  interpretations of statutes or constitutional provisions, creating new judicially
  enforceable rights. He could in other words be a practitioner of judicial self-restraint
  rather than of judicial activism.
    [4.] "Textualism" is literalism. [5.] "Originalism" means giving the words of a
  constitutional provision [5.1] (the term is rarely used in relation to any other type of
  enactment) [End of 5.1.] their original meaning—more precisely, restoring the understanding of the
  ratifiers. So the two terms are quite close, [5.2] except when the meaning of crucial terms
  has changed over time [End of 5.2.] —I give the example of habeas corpus in chapter 10 [on p. 292 Bottom]—and
  except that if the statutory text is ambiguous a strict constructionist will want to
  construe it against the litigant who is relying on it while the originalist will be guided
  by the meaning that the text's authors (or ratifiers, in the case of constitutional
  provisions) would have assigned to the text. Textualism and originalism share with
  strict construction an antipathy to interpreting a statute or a constitutional provision by
  reference to its purpose. Semantic rather than pragmatic or policy-oriented methods of
  interpretation,31 all three are quintessentially legalistic techniques.

Scalia explained the difference between 3 and 4, also here: 3 appears more literal, unthinking, and more capable of absurd outcomes, than 4.

p. 292 exemplifies, but doesn't expound, the distinction between 4 and 5.

      Suppose now that Congress curtailed or even eliminated federal ha-
  beas corpus as a postconviction remedy, though there was no rebellion
  or invasion. Would that be a violation of the suspension clause? An
  originalist would say no; a "living Constitution" buff would say yes; a
  textualist (here illustrating a fissure in the textualist-originalist school)
  would also have to say yes (habeas corpus is habeas corpus). But one
  does not need a theory to recognize that a judge's ruling that "curtailing
  an optional statutory enlargement violates the suspension clause would
  create an irrational ratchet. Habeas corpus could always be enlarged, but
  once enlarged could not be returned to its previous, less generous scope
  without a constitutional amendment.

But how can 2, 3, 4, 5, be distinguished?
Re 5.1: Consider only constitutional interpretation: then how do 3 and 4 differ?
Re 5.2 : how does this explain the distinctions between 3 and 4?


texts: Can anything be done when people admit to crimes through an online game?

texts:
When playing an online game recently, I heard two players on voice chat discussing how they've raped women before.

Over the years, I've heard many awful things said through voice chat, but nothing like this. And though it was only discussed briefly, it was quite disturbing. I was actually able to record a bit of their conversation, and think I've narrowed it down to the two players who said it.

Now I'm unsure of what to do about it. Is this something worth taking up with law enforcement, or just Sony (since it happened through the Playstation Network)?

I do apologize if I've worded/tagged this question incorrectly.

Update: No dates, no names, and no places were mentioned in their conversation. All I have is their usernames.


texts: Non binding section in a legal agreement?

texts:
Is there a concept or known word to describe a text in a legal agreement that is not binding.

We would like to annotate an agreement with sections that explain the intended consequences without themselves being the basis for it.

Example:

One part of the agreement says:

  Service A can be cancelled with 6 months notice.

Another part says

  Service B can be cancelled with 12 months notice.
  Note that service A only has 6 months notice.

Say I change the first part to be only 4 months notice for service A. but I forget to update the added note in the second section.

A workaround being non specific:

  Note that service A may have a shorter notice.


texts: Is it legal to cut a designer logo off of a piece of clothing, sew it onto another and sell it?

texts:
What if I were to cut the Versace or Nike logo off of an old, ruined piece of clothing, sew or glue the logo onto other piece of clothing and then sell it.

I would tell the buyer in advance that the logo had been sew on and that the product wasn't created by the designer named on the logo. This would eliminate any concern of fraud.

Is this a legal and viable business strategy, or would this infringe upon the copyrights and trademarks of the designer? Would there be liability associated with this business plan?


texts:
Imagine this hypothetical scenario:

I am a faculty at a state university.
I have an entry at RateMyProfessors.com (http://www.ratemyprofessors.com/) that shows up when people search Google with my name.
Unfortunately I have been cyberstalked (there is a letter written by a colleague).
I have asked the university not to put my name on the university website.
But my RMP entry is still on the webpage.
Thus I am concerned that stalker will find me from RMP website.
But RMP will not remove my entry from RMP website.
There are no students posting on my entry at RMP website.
How would I be able to force RMP to remove my information?


texts: What does “potential for abuse” mean in the Controlled Substance Act?

texts:
According to the DEA’s Denial of Petition To Initiate Proceedings To Reschedule Marijuana from 2011, one reason for the cannabis plant’s Schedule I status is because it has “no currently accepted medicinal use” and it’s “chemistry is not known and reproducible”. The DEA admits “cannabinoids” have medicinal value, but they do not consider the cannabis plant to be a reliable source.
However, just because the DEA fails to recognize something has medicinal value does not mean it should be illegal. Alcohol, tobacco, sugar, coffee, etc., are not recognized as “medicine”, yet they are all lawful and legal to sell. So the DEA appeals to the other requirement of the CSA- “the potential for abuse”. According to the denial:

ITS ACTUAL OR RELATIVE POTENTIAL FOR ABUSE

The first factor the Secretary must consider is marijuana's actual or relative potential for abuse. The term "abuse" is not defined in the CSA. However, the legislative history of the CSA suggests the following in determining whether a particular drug or substance has a potential for abuse:
a. Individuals are taking the substance in amounts sufficient to create a hazard to their health or to the safety of other individuals or to the community.
b. There is a significant diversion of the drug or substance from legitimate drug channels.
c. Individuals are taking the substance on their own initiative rather than on the basis of medical advice from a practitioner licensed by law to administer such substances.
d. The substance is so related in its action to a substance already listed as having a potential for abuse to make it likely that it will have the same potential for abuse as such substance, thus making it reasonable to assume that there may be significant diversions from legitimate channels, significant use contrary to or without medical advice, or that it has a substantial capability of creating hazards to the health of the user or to the safety of the community.
Comprehensive Drug Abuse Prevention and Control Act of 1970, H.R. Rep. No. 91-1444, 91st Cong., Sess. 1 (1970) reprinted in U.S.C.C.A.N. 4566, 4603.
In considering these concepts in a variety of scheduling analyses over the last three decades, the Secretary has analyzed a range of factors when assessing the abuse liability of a substance. These factors have included the prevalence and frequency of use in the general public and in specific sub-populations, the amount of the material that is available for illicit use, the ease with which the substance may be obtained or manufactured, the reputation or status of the substance "on the street," as well as evidence relevant to population groups that may be at particular risk.

If I’m understanding this correctly, it means the DEA has the authority to add anything to the list of Controlled Substances based on the fact that it’s popular, it’s widely available for illicit use (because it’s illegal), it’s easy to obtain or manufacture (because it’s a plant), and it may pose a risk to a particular group of people (ex. diabetes and sugar).
So even if I were to petition the DEA to deschedule cannabis because the National Institute on Drug Abuse admits that cannabis is not physically addictive, it is not a gateway to drugs, it does not cause cancer or emphysema, there is no evidence it negatively affects driving, there is no evidence it causes an early onset of psychosis, and there is no evidence it negatively affects teen IQ- the DEA could ignore all of that.
If this is true, is it Constitutional? If it’s not true, how should “potential of abuse” be understood in the CSA?
Additional source: http://lawprofessors.typepad.com/marijuana_law/2014/02/marijuana-rescheduling-and-the-potential-for-abuse-factor.html


texts: What responsibility do I have when exporting knives to other country?

texts:
Suppose I'm an online shop owner who sells knives, but I don't have the means to learn the law of other countries.

Now suppose someone buys a knife from me, but the type of knife is illegal to own where he lives.  Can I be punished for shipping the product into his country? If yes, will I receive a fine, get a criminal record, or it's just simply the product could be seized by customs?  If it is seized by customs, do I have to refund the buyer?


texts: How would Dr. Richard Kimble go about getting himself declared innocent at the end of The Fugitive?

texts:
So I just finished watching The Fugitive. At the end of the film

   Sam Gerard realizes that Kimble is innocent

and takes him into custody. However, at that moment, in the eyes of the law, Kimble is guilty of murdering his wife.

How would Dr. Kimble go about getting himself declared innocent?  He's already had a trial, so he can't be tried again for the same offense. He obviously needs to appeal, but on what grounds? The trial was conducted properly (we presume), the evidence that would clear his name simply hadn't been uncovered.


texts: Why did s 92(14) (of the Constitution Act, 1867) permit Provincial Superior Courts to adjudicate some matters falling under federal legislative power?

texts:
Source: Introduction to Law in Canada (2014). p. 173 Bottom.

  Superior Courts

  Like the inferior courts, the superior courts fall into two categories: provincial/territorial
  and federal.

  Provincial and Territorial

  The provincial superior courts, as noted above, are constituted under section 92(14) of
  the Constitution Act, 1867, with their judges appointed federally under section 96 of the
  Act. Because of this they are sometimes referred to as section 96 courts. Why are the
  judges in these provincial courts appointed federally? Though these are provincial courts,
  they can, under section 92(14), hear not only matters falling under provincial legislative
  power (for example, motor vehicle accident cases) but also some matters falling under federal legislative power (for example, bankruptcy cases). (See Chapter 5 for a discussion of
  how legislative power is divided under Canada's Constitution.) The fact that the judges in
  these provincial superior courts are federally appointed ensures balance. Balance is needed because of the power these provincial courts have to adjudicate certain federal matters.

Why did the framers allow provincial superior courts to adjudicate some matters falling under federal legislative power (for example, bankruptcy cases)? Why didn't the framers confine to the Federal Court?
Why blur the distinction between provincial v. federal jurisdiction?


texts: Significance of double negative language in 19th amendment of US constitution

texts:
The relevant part of the text is:

  The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Why the double negative language ("not" + "denied")?

I'm a mere dabbler, but it sounds like the population by default is allowed to vote and that any inequities among the population are by denial rather than having 'allowed' populations of voters. Is that how it works? If not, how? If it is (or if for some other reason), is that (or the other) a persistent viewpoint (both further in the past and into the present) or has that changed over time?


texts: Is it illegal for a US voter to disclose their ballot choices?

texts:
This is a follow-on question from Politics SE, wherein several participants claimed that it was illegal for a voter to divulge their own ballot choices. As this is purely a question of law, rather than politics, this issue is more appropriate for Law SE.
So, are there any US States that have made it illegal for a voter to disclose their ballot (voting) choices?


texts:
I live in a town that has lots of second-hand stores that sell second-hand vinyl records, tapes, etc, for incredibly low prices.
I recently bought the soundtrack from A Clockwork Orange for 1 dollar on a vinyl record.
I believe the right holders will never see the color of this money. The CD of the same soundtrack, brand new from a store, or as a digital download, costs between 15 and 80 dollars.

It seems obvious that anyone in their right mind would buy a vinyl for 1$, rather than a 15$ copy considering the price difference.
But does it break a law to do so?


texts:
There have been heated discussions(1 2) over what license should be used to cover the code posted on Stack Exchange because the CC-BY-SA license is inadequate. Both have been received with criticism from both legal advisors and common folk.

So, what are the possible licenses that would benefit Stack Exchange. I am aware there is no perfect license and that there is always room for opinion, but here are the things you could consider:

Many users don't care if their code is copied.
For other users, they don't mind their code being copied to another post, as long as there is a link to the post and a mention of the original author.
I don't think anyone cares what happens to code that is less than 3-4 lines at least.
Stack Exchange does not probably want people to own the code they submit. For example, Stack Exchange has (and probably wishes to retain) the right to keep even deleted posts in the visibility of the high rep users (even if the author is against it).
At the same time, it doesn't seem fair for SE to acquire complete ownership of the content. The user must still have the final say, if the content is to be used for purposes not already agreed upon in the licence.
Stack Exchange can expect a high level of decorum and respect for laws from its users. At the same time, it cannot expect redundant attributions anywhere and everywhere, because one of its main aims is to not waste the users' time.
There should be a clear-cut way to determine what is code and what isn't. The code formatting indicators on SE may not be adequate because some users simply use backticks, or 4-space indented text for other not-so-codey text.


texts: What type of evidence to prove continuous residence

texts: Specifically, I am asking about the category "Your immediate family remained in the U.S." My brother and his wife remained in the US during the time I was absent. What evidence should I provide to prove that he was present in the US during the time I was absent?


texts:
Do existing laws bar cyberprostitution?

I’m putting this in for Oregon, but I’m also curious about other jurisdictions.

There have been numerous advances in “teledildonics." Let’s just say for the sake of argument that this technology is perfected, and two people can put on suits and have sex over the Internet.

Do existing laws make it illegal to charge for cybersex?

Follow up question: If it is illegal, what if the other person is in Nevada in a county where it’s legal? Are both parties breaking the law or only the one in Washington?

Please note that I currently have no plans to engage in this activity personally, regardless of the answer.


texts: In the US, what stops public libraries from being overcrowded with remote workers?

texts:
The main con that comes with the double-edged sword of remote work is isolation from in-person human contact.  You can socialize just fine, to an extent, through applications like Slack, but there's also something to be said for having some in-person socialization throughout the day.  Therefore shared workspaces and things like that have a solid purpose.
However whereas shared workspaces can be expensive, public libraries are free.  So assuming someone just needs their laptop to work, and not two huge monitors or anything else like that - assuming they can just throw everything in a normal-sized laptop bag - what's stopping them from using the public library 8 hours a day, 5 days a week indefinitely?
(Just to be clear, I'm not talking about chatting with people throughout the day.  It's just the idea of having other people in close proximity, as an ambient aspect, and that sort of thing in general.  Occasionally having someone to nod to while walking by and that kind of thing.  The thing that's being avoided is being completely alone inside one's apartment all day or something.)
Libraries will often have free wi-fi, a free place to charge the laptop, free everything except coffee.  And if it's just the occasional person doing this, they probably won't mind.  However, especially considering the work-from-home situation with COVID-19, what's stopping these places from being swarmed and overcrowded indefinitely with people of this nature?
In particular, in a typical US municipality, what legal setup blocks public libraries from being swarmed by people using them indefinitely as free work offices?  What are the normal legal limits that allow libraries to get used like this in moderation, while preventing them from getting overrun?
FWIW, the main reason this has come to my mind is that, for certain reasons, I've been spending a few weeks on the other side of the US from where I live.  During this time, I've found working inside the local library to be usually fairly preferable to working inside the hotel/hostel.  So much so, that it's tempting to keep doing this once I'm back home next week, and I'm wondering how much is too much, and how that's reflected in a typical legal setup.

This question was suggested as a duplicate: Legal Doubts Regarding Park Rules
The important thing here is that I am not talking about breaking any rules.  The second the library tells me to pack up the computer, I will.  However no such limit has been imposed for several days, and they've actually acted fairly friendly and accommodating up to this point.
Therefore, is there anything in the law (in a typical setup) that places a major limit on this type of usage?  If it is nothing more than just simply waiting until the library staff say something, then that answers the question.  I just want to make sure there's nothing in a typical legal setup that places a meaningful limit on this.


texts: Same game company name, but in a different country

texts:
I finally came up with a good name for my game studio, however after searching for it there appears to be another game company with the same/very similar name. They were founded this year, have an empty website with only a logo and no published games (at least I couldn't find any).

Normally I wouldn't bother, but the company is from US and I live in EU and as far as I know company names are protected only in specific regions, so for example it's possible for two restaurants with the same name to exist in different cities. However, I'm not sure if this is applicable to game studios, which aren't operating in specific countries - if I publish a game on some platform it will be visible everywhere, same for the other company.

I'm also not sure if the other comapny is even registered, doing a quick search here didn't yield any results. Assuming it's not, how does it change my situation? Is this the proper way to check if it's registered?

EDIT: It turns out this comapny is registered, but only in California.


texts: As the estate executor, is it ill-advised to try to obtain credit report on decedent? I am unsure if the ramifications of doing this are good or may result in potential legal issues? The estate is currently in probate. I presume that the credit reporting agencies will provide a report upon proof of being appointed.


texts:
I need to create a two member LLC.

Initially the LLC will need to be fully controlled by one person, but in the future control will have to change to be 50/50.

What is the easiest / safest way to accomplish this?

Make one member a 10% owner and the other 90% and then shift to 50/50?

Or do 50/50 ownership at the start and use an operating agreement that specifies 90/10 control and then file a new one to 50/50?

Both partners are happy signing any type of updated operating agreement or form to change ownership from 90/10 to 50/50. Trying to figure out which method is easier.

Thanks in advance!


texts: Can my manager use my picture without my permission after termination?

texts:
My photo was taken while I was a part of a company based in California.
It was used on printed corporate documents and web pages. I didn't sign any document of image usage by the company, but didn't mind while being employed as it indeed reflected my being a part of the company. Nothing in the employee handbook states that my image can in certain cases belong to my manager or be used for commercial purposes.

After my termination, I would like to ensure that my image will not be used by the company anymore. I do not work there anymore so it is inaccurate in suggesting I am a part of this company and endorse its activities, and I do not want my picture to be used for lucrative reasons, and without my consent now that I am no more part of the company. I am also not comfortable with them keeping too much personal information about me on their computers and outside of my control.

According to California law, can I request them to stop using these images in web and print, and delete them from their machines, as well as the promotional documents they appear on?


texts: Since I am unemployed, can I get PR card any faster?

texts:
I arrived in Canada on a closed work permit (on GSS) but was terminated in less than a year because of the pandemic. I appeared for IELTS over and over again, and eventually got picked up in express entry for Permanent Residency. I have submitted all the documents, but my friends (and website) say it will take about 4 months to process the application.
Is there a way to get my PR card faster, I have interviews lined up and I don't want to miss those opportunities.


texts: Can a tenant break a lease if a Landlord disobeys city ordinances in MO?

texts:
I am a tenant that rents from a landlord who owns a multi-family rental housing complex. Recently, I was notified via email that they would be renovating a unit in my particular building as early as 6AM. According to my local city ordinance, construction or repairs to any structure must be made after 7AM on weekdays.
In the leasing agreement addendum that includes this information regarding this specific renovation, it does not state a specific time that the renovation work should be done.
I'm wondering what my options are as a tenant going forward. Is it possible to break my lease without a penalty due to this?


texts: What, if any, was the legal basis for the powers of the regional seats of government and commissioners?

texts: A major part of the UK’s contingency planning for nuclear war was the system of regional seats of government and regional commissioners; Wikipedia says under such plans, regional commissioners would have ‘absolute power’ in their region, implying the rule of law would be abrogated.   Was there ever any legal basis in either prerogative or statute for giving dictatorial control to regional appointees if central government was hit? Or was the assumption that once nuclear war set in, law was not sustainable due to necessity?


texts: Redistribution of fan art that used copyrighted assets as a reference in the US

texts:
(In the context of United States law)

Basically I plan to rip model files from legally-obtained video game ROMs and then use those models as references for fan art (high-poly remodels of characters, vehicles, etc.)

My first question is if it's legal (ripping assets for personal use without redistributing/sharing them). If so, is it also legal if I download illegally redistributed model files and use them for the same purpose? Obviously redistributing is illegal, but is consuming?

I also want to state that I have always assumed distributing fan art is legal, even if I did use copyrighted assets as references and even if they are trademarked (I see it everywhere in drawings, etc., so long as I don't use it for profit or any other personal gain...?) If someone could definitively clear that up for me, that'd be great.

(Also a possibly related question, though I understand if it should be separate, but would uploading full renders of ripped models to a website be legal, as long as it's not the model itself?)

Thanks.


texts: Barring a Vote due to conflict of interest

texts:
Florida HOAs are governed by FS718.3027 Conflict interest criteria. "Litmus" test comprise (are not necessarily limited to):

(a) A director or an officer, or a relative of a director or an officer, enters into a contract for goods or services with the association.
(b) A director or an officer, or a relative of a director or an officer, holds an interest in a corporation, limited liability corporation, partnership, limited liability partnership, or other business entity that conducts business with the association or proposes to enter into a contract or other transaction with the association.

That being said, when a board is deciding on an action involving a violation and 2 directors, that does not quite fit in the "litmus test" described above: there are violations regarding the bylaws and possibly other statues, what is the basis in law that allows, if not forces, the board to bar said directors' vote?


texts: Is it legal to "shoot down" a drone on your property in the US?

texts:
18 U.S.C 32 states

... to include destruction of any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated or employed in interstate, overseas, or foreign air commerce.

According to the FAA, drones fall under the category of UA (unmanned aircraft):

The US Federal Aviation Administration has adopted the name unmanned aircraft (UA) to describe aircraft systems without a flight crew on board. More common names include UAV, drone, remotely piloted vehicle (RPV), remotely piloted aircraft (RPA), and remotely operated aircraft (ROA).

Under these circumstances, it is illegal.
But do non-government/non-commercial drones fall under this category? (drones owned by the average civilian)
According to FAR 119-91C

Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

It's common to see people flying drones at lower altitudes than this.

So assuming that drones are considered aircrafts and fall under these laws...
Question
If someone flew their drone under 500 feet over your property, would it be legal to shoot it down under a circumstance such as self defense? Could the shooter be charged under 18 USC 32?
To avoid potential gun laws from interfering with information gathering:

What if an imitation firearm, such as a BB gun , was used?
What if no firearm was used? (Take the drown down by hitting it with a towel or broom)

Feel free to include info relating to real firearm use (handgun, rifle, etc..), just know it's not what I'm truly asking about.


texts: Circuit court misquotes supreme court: what precedent does district court follow?

texts:
In United States v. Bowman (1922), the Supreme Court ruled that the presumption against the extraterritorial application of a statute does not apply to statutes that are "not logically dependent on their locality for the government's jurisdiction, but are enacted because of the right of the government to defend itself against obstruction, or fraud wherever perpetrated, especially if committed by its own citizens, officers, or agents." (I call this the Bowman quote)
The Seventh Circuit later wrote in United States v. Leija-Sanchez (2010) that: "what Bowman had said is that the same rule of interpretation (for whether a statue applies extraterritorially) should not be applied to criminal statutes which are, as a class, 'not logically dependent on their locality for the Government's jurisdiction'".
This wording by the Seventh Circuit misconstrues what the Supreme Court had said. The Supreme Court essentially said that the presumption against extraterritoriality doesn't apply when the government exercises its right to self-protection, but the Seventh Circuit's partial quote of the Bowman decision says that the presumption against extraterritoriality doesn't apply when the crime isn't logically dependent on its location.
Would a district judge within the Seventh Circuit be allowed to consider the full Bowman quote, or is it restricted to the Seventh Circuit's interpretation of the Bowman quote?


texts: Can I use a (undeveloped) trademark or business name as part of a longer name for my business?

texts:
There is a Website (for the sake of discussion) called www.maxgrav.com.  The site has no content except a landing page (with no discussion on what the product is), which hasn't changed since 2011.  The MaxGrav logo shows to be Trademarked (R) (though a search in USPTO showed no results).  And supposedly there is a MaxGrav Inc. company name.

If I wanted to created a company called MaxGrav Solutions (www.maxgavsolutions.com) which is in no way modeled or named after this company, and the name was something I came up with before searching to see if a similar name was in use, and this name is available in my state...

Am I in an way infringing upon their trademark or business name etc?  I'm thinking since the company has no real presence, and a search of MaxGrav doesn't show anything related to their site until the 3rd page of the search results, that no one could say that I am infringing upon anything?  Especially if I grow my company and show an association of MaxGrav Solutions to MY company.


texts: Can terms of a will be legally kept secret before filed in court?

texts:
Let's say a father has two sons and he creates a will. He leaves something to son A and something else to son B. He doesn't want either of the sons to know the amount the other gets.
And let's assume neither of the sons are aware of the total amount in order to figure out the other's portion of the inheritance. We can introduce more than 2 sons to remove the assumption of the sons' unawareness of the total.
Is it possible to create a will like that?
I am in the United States. If it varies by state, could you share examples of states with different answers?
CLARIFICATIONS:

The father doesn't want his executor to disclose son A's inheritance to son B and vice versa. If the sons want to share this information between them, that's their choice.

The will is a complete secret from his family until his death.


texts: Can statutory rape charges be dismissed if the minor is now of age?

texts: I am a 16-year old female in Michigan and I am going to have to testify against my ex-boyfriend in a statutory rape case. What happened was consensual and my parents are not pressing charges, the state is. Because I am of age now, is it possible for me to get the charges against him dismissed?


texts:
I was just wondering if it is legal for a restaurant to lock the doors of a kitchen where food is being prepared. The door can be opened from the inside

It would seem that in case of a fire in the kitchen, the door would not open from the outside, creating a safety hazard.

Thanks for the info.


texts: Was anyone held liable/accountable in the 2018 Hawaii False Missile Alert?

texts:
On January 13, 2018, with belligerent threats and nuclear tensions between the US and North Korea on a knife edge, civil authorities in the US state of Hawaii sent out an alert to all cell phones, television, and radios in the state, saying:

  BALLISTIC MISSILE THREAT INBOUND TO HAWAII. SEEK IMMEDIATE SHELTER. THIS IS NOT A DRILL.

This caused emotional trauma and interruptions of various kinds across the state.  The stress caused at least one heart attack and lots of other disruptions.

Has any civil (or criminal) liability attached to any person or organization as a result of that false alarm?

Are there strong legal theories or case law setting precedent for or against such liability?


texts: How must undercover police officers identify themselves?

texts:
This question (and this one written in parallel) comes out of discussion on a more specific question with details about a particular situation, which was apparently too specific for this site.

When plainclothes officers driving an unmarked car want to arrest a person, how do they identify themselves in a way that isn't easily faked, especially when they're acting against somebody who has government-mandated duties to protect items in his custody?

This is different from "(When) are police required to identify themselves?" because that question is about getting the name and badge number of a uniformed on-duty officer, where it's clear they are police but not known exactly who/which specific officer they are.  This question pertains to individuals who are not wearing a uniform and not driving a marked police car, and who are making demands of another person, including detaining that person and taking them away against the person's will and in violation of the person's duties.

While the option of calling for backup by uniformed officers in a marked car could be one strategy, suppose that the people who claim to be police are not using that option for whatever reason (maybe because they aren't police, maybe they just don't want to).

This is also related to "How can you tell if you have to follow a police officer's instructions?" but for the case of someone who is not in uniform and just claims to be a police officer.

There are examples of people who kidnap others by claiming to be police, and it seems to be illegal to resist such a kidnapping (see motivating question about that specific situation here).  Not all the people who use this strategy have made the news and even of those who have, not all have been caught.  It's common enough there are even pop-culture memes about people falsely claiming to be the police not having to identify themselves ("We don't need no stinkin' badges!") but the meme may or may not match the law.


texts: Which legislation makes abortion illegal in Scotland?

texts:
A recent article in The Scotsman said that—

  ... thanks to archaic Victorian laws means [abortion] is still technically punishable by jail sentences ...

What is the legislation that has this effect?


texts: Is it legal to record audio using a phone if the phone has been stolen?

texts:
I am thinking of creating a business wherein I use specialized software on a client's phone that can be leveraged in the event that the phone in question gets stolen or the owner kidnapped.

The specialized software can, among other things, record audio from the phone's microphone.

In the event of the aforementioned crimes occurring is it legal to record the conversations of the parties committing the theft/kidnapping?


texts: would it be legal for a company to rate clients, and customers exprience share the info with other companies

texts: I'm considering in regards to freedom of expression, is it permitted for a company to reveal a persons dept for a service provider, is it contrary to the Fair Debt Collection Practices Act (FDCPA), I know that Uber and AirBnb are rating their customers, my question is is it legal to share the customer experience and their payment with other service providers, or can they claim lawsuits as a violation of privacy or what.


texts: Am I allowed to use recorded Text to Speech audio files in my Android or iOS App?

texts: Am I allowed to create audio files with apple TextToSpeech on my Mac and then use these recordings in my app or web page?


texts: What are the US Federal laws on Shared VPN IP

texts: There are Images uploaded to a certain website not linked to any accounts, just IP, linked in a case towards a federal case. can this evidence be inadmissible if the only proof is  "IP : Picture". Prosecutor tagged all the pictures into evidence to the certain person.


texts: Selling an application that scrapes Google, Bing, Yahoo

texts:
Is it legal to sell an application that scrapes search results from several search engines and uses this information for the application functionality?

Application is sold to people for their personal use, interest
Scrapes happen inside the application, they are not done by a  cloud service of any kind, it is a standalone application

Let us say functionality is similar to:

http://www.scrapebox.com/search-engine-scraper


texts: What constitutes 'pre-existing structure' in a tax abatement?

texts: I recently purchased a new construction condo in Philadelphia, PA which is subject to a tax abatement via Philadelphia Ordinance 1456-A. According to a document I have from the City of Philadelphia's Office of Property Assessment, "all values for land and pre-existing structures will remain taxable once the abatement starts". The value I expect to continue to be taxed for. However, in looking at my Real Estate Certification Bill there appears to be some exempted (X) and some unexempted (Y) building value. The latter I imagine comes from the aforementioned "pre-existing structures". However, this structure doesn't exist anymore. It was torn down prior to the construction of my condo. Does it make sense for me to still be taxed on the value of the previous building? Should I not be exempt from X+Y?


texts:
What prevents authorities from setting up a  dropbox for mail-in ballots at local voting precincts (maybe something similar to testing where you do not need to exit your automobile)?  I ask because in the context of COVID-19 and problems with the US mail system, it could make sense to setup collection centers.
I am not interested in the politics, however, I am interested in understanding if the dropbox laws (if any) renders the headlinesmoot.


texts: Does a SaaS needs to offer a license grant?

texts:
I run a SaaS service (https://pdfshift.io) and I've recently received an email from a potential user that is worried about any IP infringement between them and their client when using our service.

This is their request:

  We are concerned about infringement of intellectual property.  If for
  example, a third-party approaches us and claims that our use of your
  proprietary API infringes that third-parties' rights, there is nothing
  in your Terms of Service that protects us.  Typically, in Terms of
  Service for Saas products there is some form of license grant as well
  as reps and warranties by the Licensor. I'm not sure what to answer to
  that. From my reading
  (https://www.techcontracts.com/2018/06/01/dont-use-licenses-saas-contracts/),
  as a SaaS, I shouldn't provide a licence, but I'm not sure.

Here are my Terms of Service.

I must say that I'm a bit lost about what to say here. I saw that some recommends to not have license when being a service because they don't get a copy of the software (https://www.techcontracts.com/2018/06/01/dont-use-licenses-saas-contracts/), but I'm hoping you'll have more details about what to respond.

Thank you in advance.

Update: I've added this clauses to my terms:

  Licensee Provisions Note: Licensee is PDFShift whereas, Licensor is
  the user using PDFShift.

  — Licensor will defend, indemnify, and hold harmless licensee for
  third party intellectual property infringement.

  — If Licensee’s continued use of the Software is restricted or
  prohibited as a result of any such infringement, Licensor shall, at
  Licensee’s option and at no charge to Licensee: i. secure for Licensee
  the right to continue using the Software ii. modify or replace the
  infringing components of the Software so that they are non-infringing
  iii. refund to Licensee all amounts paid by Licensee for the Software
  — Exclusions— Licensor will not be obligated to indemnify Licensee to
  the extent of the infringement claim based upon (i) use of the
  Software in breach of this Agreement (ii) any modification of the
  Software made by Licensee (other than at Licensor’s direction)

  — Defense of Third-Party Suits— Licensee will notify Licensor of third
  party suits promptly. If licensee tenders claim to Licensor, Licensor
  will have right and obligation to defend such claim. Once Licensor
  assumes defense of a Claim, it will be conclusively presumed that
  Licensor is obligated to indemnify Licensee. No settlement of a Claim
  will be binding on Licensee without Licensee’s prior written consent.


texts: My girlfriend has overstayed her visa and wants to marry to obtain a green card. I'm only willing to do it if there is an air tight prenuptial agreement. Will she still obtain a green card if this happens?


texts: Amending a contract for COVID-19 for reasonable delay for a known event

texts:
I am negotiating a contract with a client prospect which includes the following Force Majeure clause:

  "Neither party shall be liable for any delay or failure to perform its
  obligations hereunder resulting from any cause beyond such party’s
  reasonable control, including but not limited to acts of God, weather,
  fire, explosions, floods, strikes, work stoppages, slowdowns or other
  industrial disputes, accidents, riots or civil disturbances, acts of
  government, inability to obtain any license or consent necessary in
  respect of any third-party software, delays by suppliers or material
  shortages, design defects, flaws or errors in third-party equipment or
  software, epidemics, pandemics, COVID-19 and dangerous conditions that
  pose a threat to either party’s personnel."

The client has responded with the following statement:

  "The current contract is written in such a way where you could simply
  collect a check and walk away “because COVID-19” happened. We need
  this removed and explicitly excluded as it is now preexisting and no
  longer considered an unknown event. If you would like a separate
  clause allowing reasonable delay due to COVID-19 caused illnesses that
  would be fair and reasonable given the ongoing pandemic."

What specific wording can I amend to this contract to fulfill my client prospect's request?


texts: Can an immigration law firm in Bulgaria sue me in the US?

texts:
Two months ago I started to conduct an investment-based immigration program to Bulgaria with the aid of a Bulgarian law firm. After two months, I found they were extremely unprofessional (the bilingual documents provided had typos, many duplicated articles, even Google Translate results) and there were also hidden fees after I enrolled. I tried to negotiate with them for refund, which did not work. I started to question them for fraud and noticed them that I would ask for chargeback from my bank.

Then they sent me a quite threatening email, which included notify the embassy, file criminal complaint in Bulgaria, and some stuff about bilateral agreement between US and Bulgaria for lawsuit.

Some facts:
1. We did not sign any contract for the immigration service. I only provided them the scan copy of a lot personal documents. (Passport, no crime certificate, etc.)
2. The total number I asked for chargeback via my bank was around USD 11,000.
3. Currently I lived in the United States, but not a US citizen or PR.

Can they take legal action against me? By what method? In future, when I travel to EU (or even do another immigration program), will I get into any trouble if they really sue me in Bulgaria? I'd like to ask for advice for this situation.


texts: How to describe your experience in your CV/Resume without breaking copyright / GDPR rules?

texts:
Are there rules (EU & US) defining how far one can go in decribing his professional experience as a software developer, and telling about the projects he worked on?
For example, if I do not include any line of source code, I rename the real project names with fake ones (Ex: Project Atalantis, Backoffice Gamma, etc.) and I avoid diving into deep details. Though, still tell the technical stack (Ex: Java8, AWS, CURL, etc).
A description that might look like this, would it be legal ?
I provided content managers with fine control over the end-user’s web portal. Solutions overcame the challenge of balancing between SPA, intuitive frontend and fast backend that wires up new Symfony4 applications with a legacy monolith.
TechStack: #Doctrine #Symfony4 #jQuery #CSS #SPA #Bootstrap #DTO #SOA #Elasticsearch
It would be fine for me even if you provide me with links or hint to check :)


texts: Can victims respond to victim-blaming in court?

texts:
From this article about a rape case

  Mr. Khan’s lawyers worked relentlessly to discredit the account of the
  woman, who was not identified by name in the arrest warrant
  application. They asked repeatedly how much she had to drink, and how
  she could claim not to remember certain details, such as how she
  arrived back at her dorm room, but remembered others, such as the
  alleged assault itself. They parsed her text messages with Mr. Khan,
  asking if she had not been flirting with him in the days before the
  incident. They showed off her Halloween costume, a black cat outfit,
  and asked her why she had not chosen a more modest one, such as
  “Cinderella in a long flowing gown.”

These questions and arguments just sound like "Gish Gallop" to me.

Assuming we can't make lawyers stop victim-blaming: Can a victim respond to such accusations in court?


texts: Is a doctor liable in the stated circumstances?

texts:
Consider the situation where a doctor knows that his patient is a carrier of a genetic disorder and she is going to act as an egg donor.

Is the doctor liable to the egg recipient for failing to warn them?


texts: Is publication of classified information enough for a journalist to be compelled to reveal sources?

texts:
Based on my research so far, the United States has a rather interesting relationship with the press. Reporter's privilege is well-established in the case law, and every state except Wyoming has shield laws on the books.
Branzburg v. Hayes however established that journalists can be compelled to reveal confidential information or sources, provided certain conditions (the Branzburg test) are met, and I'm trying to figure out whether the conditions of the test are de facto met whenever classified information is published.
According to The First Amendment Encyclopedia (Middle Tennessee State University), the conditions of the Branzburg test are as follows:

“(1) show . . . probable cause to believe that the newsman has information that is clearly relevant to a specific probable violation of law;

(2) demonstrate that the information sought cannot be obtained by alternative means less destructive of First Amendment rights;
and

(3) demonstrate a compelling and overriding interest in the information.”

The clear argument for the above in any case of journalists revealing classified information, picking off the requirements of the test one by one, is:

Disclosure of classified information is in itself a specific probable violation of law
This one is case specific, but the presence of alternative means of acquiring this information would obviate the court case in the first place, implying this condition to be true and likely defendable
Information is classified only for reasons of national security, making the source revealing such information a threat to national security, which demonstrates a compelling and overriding interest in the information

Does this mean that in any case in which classified information is revealed by a journalist, that fact alone is enough to compel the journalist to reveal the source of the classified information?


texts: What comes first: the arrest, or the charge(s)?

texts:
Forgive me if this seems like an asinine question, and please feel free to be as pedantic as possible if answering. I'm working on data modeling a piece of software and it's relevant to my data structure design. I appreciate any insight that can be offered.

I am of the opinion that the charge(s) must exist before an arrest is made, i.e. one must be charged (by the police, or by another agency with the authority to make arrests) with something before they can be arrested, i.e. one is arrested on charges. I also realize that the charges can and do sometimes change (or disappear, for that matter) after the arrest, but for my purposes that is irrelevant. I am strictly concerned with the circumstances leading to an arrest and jail.

The question also extends to summons and warrants. Charges must exist before one can be summoned or a warrant for the arrest issued.

Am I looking at this the right way?

Thanks in advance to anyone willing to take a few minutes to help me sort this out.


texts:
Theoretical question:

What happens if you come to police and report your own crime that happened some time ago, but the police can't find any evidence it happened.

Let's say you come and say you beat up a guy or raped someone, but there is no evidence. What happens then?


texts:
Let's say your house window is right in front of a famous monument, and you want to enable people to see it at any time of the day and night with a webcam.

Obviously when you place the webcam towards the monument, a lot of things from the street will be broadcasted over which you have no control (people's faces, car plates, street advertisement, shop fronts, etc).

Can you be liable for something for displaying life outside your window? In what circumstances (like, if you make profit from it maybe)?

EDIT: Jurisdictions for which I am interested in  knowing the answer: USA, France.


texts: I have paperback comics which I legally bought. I was wondering, if I scanned them into PDFs and uploaded them on my website for people to VIEW for free, not DOWNLOAD, would it be illegal? I'm in the UK, and if it is illegal, is there a way to get around that? Thanks in advance


texts: Are pictures saved from snapchat illegal?

texts:
Is it illegal to save a picture from a snap/story of someone on the snapchat app?
I just want to save a picture and keep it for myself, I'm not going to share it or put it on internet.

Can the victim take legal action against you?


texts: NON-COMPETE inside a small country, inside a small profitable market

texts:
I have received a Consulting Agreement in the middle of a project.

I live in Cambodia.

The NON-COMPETE clause in question

During the Term of this Agreement and 05 (five) year thereafter, the Consultant shall not engage, directly or indirectly, in any capacity, to be in any competition in the Client or any of its subsidiaries, including any company engaged in the business which is in competition with the Company's business.

Clarifications from comments

@Greendrake
Need clarity as to which party is Client and which one is Company. Are they the same thing? Which one do you work for?

Company refers to the CEO and his company. I have read the whole contract and "Client" only appears once in that NON-COMPETE.

My Questions

The market is small for the services I provide. Only banks are willing to pay for the services. Would this clause prohibit me for offering this service to anyone outside the current company I'm working with?
The CEO, with his lawyer have tried to convince me that this only apply to current client and any past clients that I have work on. Is this true?
If I start my own company, this would also apply to me right? Even if I start a company that provide online courses and don't offer services, this will still apply?
Would this make it impossible for me to take any job from any company in the country that provide this service?
From your view, how fair is this? Should I expect the CEO to offer a fair contract or is this something you read and negotiate? (This service has nothing todo with legal matters and I'm not expected to be good in legal matters)

Country size: around 15 million people

market: Only the capital, with less than 50 clients.


texts:
I will apply for naturalization soon. I answered the question of martial status as divorced (this is the real situation), but I have no divorce documents to provide because both (me and my ex-wife) are living apart in two different countries. I do have marriage papers.

So, is there any problem with not providing divorce documents?
What should I do if there is a problem?

Edit #1: I and my ex-wife are Iraqi nationals. After researching, I think I will change my answer to separated because I have no papers of divorce. Any suggestion would be helpful.


texts:
I'm in contract negotiations with a company which have a trial period before offering full-time employment.

Reading the contract, I felt the wording around own IP was a little vague. I am working on my own side project with some co-founders and was worried that they would be able to claim IP ownership of our work.

I asked for clarification by email. They went one better and added an appendix on the end of the contract stating that the specific project would be owned by us.

I showed this to a solicitor I know. They were surprised that the main body of the contract didn't reference the newly appended appendix (the body remains as it was). I asked for an adjustment to include a reference to the appendix in the body. They said they could not do this (stating too much behind the scenes work).

I'm wondering: Is the appendix and the reference to the appendix in the email enough? Or is the absence of a reference to the appendix in the body of the contract damning for our project?


texts:
I have been working in a company in Cambodia for about 5 months now and I am thinking of leaving the company for various reasons. When I asked them for resignation, they said that the minimum prior notice is 60 days. Reading the contract once again, it seems like the contract contradicts itself. Please read the below agreement:

Termination of Contract:

During the probationary period, either the Employer or the Employee may terminate this Contract by forwarding seven days' prior written notice with an indication to terminate this Contract.
Upon satisfactory completion of the Probationary Period, either the Employer or the Employee may terminate this Contract without a prior witten notice.
Subject to the "minimum period of prior written notice" requirement pursuant to Article 75 of the Labor Law of the Kingdom of Cambodia, the Employer may cancel the Contract for a valid reason including the Employee's lack of skills, inappropriate behavior, or failure to satisfy the requirements of the Employer (the "Lay Off"). However, the Employee may cancel the Contract with prior written notice, minimum 60 days before quit.

As I understand, 1.) If i were in the probation period, then I need to give seven days prior notice before I can terminate the contract. 2.) After probation period, both parties (employee & employer) can terminate the contract without any notice.
Is there anything wrong with this Analysis? The second point is stated that both parties can terminate the contract without any notice, but point 3 state something else?
So any people can give me an explanation about this so I can get this more clearly?
Note: I have passed the probation period now (3 months require only).
Cambodia Labor Law reference


texts: The UK GDPA article 17 right to erasure. Can I retain the person's ID number if it no longer identifies them?

texts:
I manage a small relational database for members of a club with about 600 members.  The 'member' table has records  holding the memberID , their name, address phone etc. The memberID is then used as a key into in other tables, such as the 'club_officers' table that hold the dates when someone with a particular memberID held certain positions in the club.
Under the 'right to erasure', if I delete all the personally identifiable data (name, address, phone etc) from the 'member' table, would I be able to retain the memberID in that table, associated with just a load of blank fields, so that I can still link it to other tables?
That way I would still be able to see that, for example, somebody with memberID  1234 was the club secretary between 2012 and 2014, which would be useful.
However, since nowhere in my database does that memberID 1234 provide any name, address phone etc.  I cannot identify who that person was.
Is this sufficient for this part of article 17?


texts: Are there advantages to forgiving a mortgage

texts:
I hold a mortgage on a house owned by a relative and his wife. They made the monthly payments for a few years, but haven't paid anything for more than twenty years.
Now that relative has died, and his widow says she's concerned that if I die, it will be difficult to sell her house. [Edit: Her stated concern, borne from her current situation, is that upon my death the mortgage might become the property of multiple creditors and the question of that ownership might take a long period to resolve.] She has proposed making monthly payments again if we immediately file that the mortgage has been satisfied. I realize the big disadvantage here - I'll have no recourse if she doesn't pay - but are there any other advantages I should be aware of?


texts: Does modifying/improving a patented device extend the rights of the original patent in any way?

texts:
Let's say that I invent and patent something, a computer chip for example.
Then over the next 15 years I add a whole bunch of new features to that invention and patent each of the modified designs. Now my chip runs faster, handles new functions, etc. All of these modifications expand the chip's abilities but are useless without the underlying chip's original design.

So what happens to my rights in the original design -- which is central and essential to the new designs -- when the original patent expires? Does that mean that as soon as the original patent expires everyone who wants to can start using my old design in unlimited ways without licensing (except of course for any uses that would run afoul of duplicating my newer devices)? Could they manufacture and sell chips identical to my first design even though that design is the core integrated into my newer designs? Would I have any rights to sue them for infringement of any kind?


texts: Changing Copyright date notice for a revised edition

texts:
Follow on to At what point and how should I change the license/Copyright notice when I create a derivative?.

When an author revises and publishes an updated version of her/his previously published work, does the revised edition count as a new (derived) work for purposes of establishing the Copyright date?

For example:

First edition: "Copyright 2010, John Q Author"

Second edition: "Copyright 2017, John Q Author"

I understand that the Copyright of the original would not be extended, but would the revised edition have its own, or would it also expire when the original edition expires?


texts: What should I do if I denied my wifi company to do a hard inquiry ( credit check) but they did It anyway?

texts: I did not gave them my social and unchecked the option where it said uncheck the box if you don't want us to do a credit check. I confirmed with them on chat and on phone that they wont do it. Just 15 mins after submitting the order I get a mail from credit karma saying the wifi company did a hard inquiry on my credit report.


texts: How to calculate years for a Permanent Residency in Poland?

texts:
I was a student for a 3.5 years, and later I worked for one year. How many years count toward Permanent Residency according to "USTAWA z dnia 12grudnia 2013r.o cudzoziemcach"?

Art.195.1.  Zezwolenia  na  pobyt  stały  udziela  się  cudzoziemcowi  na  czas nieoznaczony, na jego wniosek, jeżeli:
6)bezpośrednioprzed złożeniem wniosku oudzielenie  mu  zezwolenia  na  pobyt stały przebywał nieprzerwanie na terytorium Rzeczypospolitej Polskiej przez okres nie krótszy niż:
c)4 lata  na  podstawie  zezwolenia  na  pobyt  czasowy  ipracę udzielonego ze względu  na  cel,  októrym  mowa  wart.114ust.1a,   iposiada  źródło stabilnego  iregularnego  dochodu  wystarczającego  na  pokrycie  kosztów utrzymania  siebie  iczłonków rodziny pozostających najego  utrzymaniu.

Article 195.1.  A permanent residence permit is granted to a foreigner for an indefinite period, upon his / her request, if: 6) immediately prior to submitting the application for a permanent residence permit, he / she stayed continuously in the territory of the Republic of Poland for a period of at least: c) 4 years on the basis of a temporary residence permit  and employment granted for the purpose referred to in Article 114 paragraph 1a, and has a source of stable and regular income sufficient to cover the costs of maintaining himself and his dependent family members.


texts: Is work able to force me to install software on personal equipment?

texts:
Due to the corona-virus around the world, like so many others I am working from home as possible.

Work has just decided that because of this, we should be using Mircosoft Teams to help us all communicate as a team. I have no work equipment outside the office, so this would mean having to install it on my personal phone. Which I am not wanting to do. I have read tales from online where using personal equipment for work has lead to issues (remote wipes, who owns the data, who has rights to the equipment, ...).

As I live and work in Canada, and have not agreed to use my personal equipment for work, is there any way they are allowed to force me to do so or to react to my refusal?


texts: UK District Councillor Nepotism over Planning Application

texts:
I hope this is a suitable question for a law forum.

We applied for planning permission to build a small extension on the side of our house. Our neighbour had objected however planning officers deemed the build to be in regulation and motioned for it to be passed.

Our neighbour has an uncle who is a Parish and District Councillor and he requested that the planning be brought before the planning committee with the hope of stopping the application going through.

The Councillor used to own the house his nephew now lives in.

The same councillor has been actively involved in helping 2 other local residents get their planning approved by ways of advice and political means - one of these residents these is our neighbour on the other side of the objecting neighbour.

There is no record of this councillor stating an interest in the planning application and there is a written record on the planning file stating that 'Cllr X has expressed a wish for the application be brought before committee if a recommendation of approval is made'.

Our planning went through without any problems (another councillor told me he thought it was a waste of time bringing it before committee) and building work is due to finish soon.

Now the dust has settled on this issue I want to know if the councillor has broken any rules by helping his nephew in this way? Is this classed as nepotism and should he have stated an interest by helping his family members?

I also feel that as an elected councillor he shouldn't be treating residents differently based on their proximity to his family members.

Would it be advisable to request an official explanation and potential apology or would I be wasting my time?

Thanks


texts: Price fixing concern (UK competition law)

texts:
I run a sporting events website where freelance photographers that have been to the events are free to upload their shots for sale, and I take a commission of anything they sell.  Every photographer is free to set their own prices...

...except, when I created it I opted with PayPal as a payment provider and elected to impose a minimum price of £3 on each photo, as I deemed the fees for PayPal to be too high on lower prices (it was 20p + 3.49% at the time).

A handful of those photographers are asking me to increase the minimum price, as they think that it encourages rank amateurs to upload poor quality photos at £3 each, hurting their sales of (unquestionably generally MUCH BETTER) photos at (say) £7.50 each.  And diluting the "good" photos on the site, making the site seem like a less-reputable resource for competitors to go to.

I'd like to increase it for the same reasons, and also because I expect it would increase my income marginally.  Not by a lot, but to £4 or £5 maybe.

Currently, the mode and median price are both £6.50 and the mean price is £8.40.

Would this be classed as price fixing?  Photographers ARE free to sell their photos to the competitors via other means (SmugMug, their own sites, or even give them away free on facebook etc)...  but realistically most competitors DO come to my site in the first instance to find photos to buy.

Thanks


texts: Do nonimmigrant aliens in the US accrue unlawful presence while imprisoned?

texts:
According to INA 212(a)(9)(B), an alien who is unlawfully present for more than 180 days during a single stay in the US, and then departs the US, is banned from the US for 3 years. If they were unlawfully present for more than 1 year during a single stay and then departed the US, they are banned for 10 years.
According to INA 212(a)(2) and INA 237(a)(2), conviction of certain crimes renders an alien inadmissible or deportable. However, there is no general rule that aliens who have been convicted of felonies are deportable or inadmissible. It depends on the specific type of crime. For example, DUI can sometimes be a felony, but is generally not a crime involving moral turpitude unless there are aggravating circumstances. Thus, an alien who is lawfully admitted for permanent residence may be convicted of certain crimes such as DUI and may potentially be imprisoned for over a year without facing any immigration consequences.
However, if the alien is a nonimmigrant, their status may expire while they are in prison. This would seem to cause them to become unlawfully present, potentially for a long period of time. Being incarcerated, they could not depart the US in order to stop the accrual of unlawful presence. They also most likely wouldn't have any basis to apply for an immigration benefit that would help them maintain their status. Upon release, they might be deported, but there's no guarantee of that happening; they might also leave the US voluntarily. I wonder if they would then be subject to a 3- or 10-year bar on account of their unlawful presence while being unable to leave?


texts: In Alabama, USA can someone 18 years old get on a plane without parents permission?

texts:
My son, who will turn 18 this month said he wants to meet a girl he met online who lives in Indonesia. I said no, because even though he'll be 18 soon he is definitely no adult enough yet to travel to a foreign country by himself. We argued for about an hour and basically at the end he told me to go screw myself and he was gonna go anyways when he turned 18.

But once he's a legal adult I know I can't stop him. However, I'm fairly certain Alabama state law says that 19 years old is the age of consent and I think it's the legal age to move out. So would that also entail he can't leave home and board a plane without my permission?

And I had planned on going down to Florida this month with my son because my mom wants to see him on his birthday and stay a week then come back. Since the age in Florida is 17 I think could he just leave and I not be able to stop him?


texts:
Consider the scenario where a student requires a huge list of names, emails, zipcodes etc. This student makes a little application to scrape the internet and saves all to a public database.

GDPR states that it only concerns enterprises, and the possibility to be exempt when the company size is less than 250. However, it also describes this to be due to smaller companies posing a smaller risk.

  To fall within the remit of the GDPR, the processing has to be part of an "enterprise". Article 4(18) of the Regulation defines this as any legal entity that's engaged in economic activity. You must be careful not to mistake business conducted from home for household activity.

Does this mean that students/individuals who process potentially huge amounts of PII are exempt from GDPR compliance? Or does GDPR cover this in another way?


texts: In Ontario, is it legal to step into a seldom-used bike lane in order to ask a car driver for a ride?

texts:
Background

In the Canadian province of Ontario, there are bike lanes on some streets.

Late at night, on snowy days, some of these bike lanes are used pretty rarely.

It's difficult to hitchhike inside a city.  (Source.)  And it's harder to hitchhike at night than during the day.  (Source.)

But buses can be infrequent at night.  It may sometimes be faster to hitchhike.  Also, hitchhiking is free.

At a traffic light, the standard hitchhiking strategy is to get drivers to open their window a tiny bit, then to ask them for a lift.  If there's an empty bike lane between you and the car, this is probably more difficult.

It may not be wise to step into the bike lane.  (Bicycles are fairly quiet, and a cyclist may be text messaging instead of watching for pedestrians in his lane.)

But I still wonder whether or not it's legal to step into the lane, in order to ask for a ride.

The relevant laws

Here are the relevant excerpts from the Ontario Highway Traffic Act:

1 (1). In this Act:

"roadway" means the part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder.
"vehicle" includes a ... bicycle.

177 (1). No person, while on the roadway, shall solicit a ride from the driver of a motor vehicle other than a public passenger conveyance.

My questions

A)  If almost no cyclists use a bike lane, is the lane still considered "ordinarily used for vehicular traffic"?

B)  In Ontario, is it legal to step into a seldom-used bike lane in order to solicit a ride from a car driver?


texts: Why do legal scholars influence civil codes' interpretation, more than judges?

texts:
Source: A Brief Introduction to Law in Canada (2017). p. 39 Top. Publisher uploaded chapters 1-3.

    As the foregoing account makes clear, the civil law system has a long and historical evo-lution on the European continent. It has been shaped by Roman law more than English
  common law was. It also differs from the common law in that judges play a more active role
  in the judicial process (such as in the questioning of witnesses and marshalling of evi-dence), in what is referred to as an inquisitorial system. Further, the interpretation of civil
  codes is more influenced by legal scholars than by judges.

  inquisitorial system
  a feature of civil law
  proceedings whereby
  trial judges actively
  assist lawyers in present-ing their cases and are
  free to call and question
  witnesses and to order
  investigations into other
  evidentiary matters;
  contrasts with the
  adversarial system used
  in common law courts

I know that Continental Law judges "works within a framework established by a comprehensive, codified set of laws". But how does this absence of official stare decisis explain the grey sentence overhead?
https://imgur.com/ZEKyLhx may help.


texts: What conventions or traditions concern translation of legal abbreviations?

texts:
I am currently working on a legal translation, a judgment from Estonian to English.

What is the conventional solution with regard to translating abbreviations of acts?

In my situation, there's the Act on Granting International Protection to Aliens mentioned in the text of the judgment. It's välismaalasele rahvusvahelise kaitse andmise seadus in Estonian, abbreviated VRKS. Does it make sense to keep the established (Estonian) abbreviation, or use a made-up English one (AGIPA, for example)?


texts: Is there a law against leaving the engine running in a parked vehicle?

texts:
So let's say the scenario is people parking on a public road in close proximity to homes (no gardens or footpath between houses and road), and waiting for 10-20 minutes with their engines running.

Would those people be in breach of the Road Traffic Act 1988 (RTA), or something else, that can be explicitly referenced?

I know the Highway Code includes the following with respect to parking (at para 214) 'you MUST switch off the engine' and it references section 42 of RTA, but it is unclear to me how the two are related.