texts: Mortgage broker took out life insurance without approval by client (UK law)

texts:
This is an odd one and I hope someone could explain the law for me (ideally with a link to the actual law). This case happened in the UK (England to be specific, should that make a difference).
About two weeks ago, a colleague of mine told me that while getting their mortgage application sorted through a mortgage broker, the mortgage broker offered some insurances to protect him and his family for the duration of the mortgage (life insurance and income protection), as he seemingly was working together with some insurance companies to offer that as part of the mortgage application. My colleague was hesitant to sign any deal on the spot, as he wanted to review all of the policies / quotes before signing anything, as insurances were never covered before in any of the appointments. He then felt pressured by the broker who seemingly was using typical sales techniques ("only I can offer these quotes", etc.) to which he then just replied that he will not make a decision on that during their meeting and insisted on review the policies / quotes, which makes sense to me.
They agreed to have a follow-up meeting to discuss this, but the mortgage broker never called again. Much to their surprise, they later received a letter from one of the policies who confirmed they have set up the direct debit for their insurance and that payment would be taken once the mortgage payments would start. They had, however, since looked for alternative policies and decided to go with a different policy and so basically had now two life insurances, one of which they didn't need and which was arranged by their mortgage broker without explicit consent (email, telephone, signature, etc.). In-fact, they wanted to inform the mortgage broker in the follow-up meeting that they had gone with a different insurance company but figured that since the mortgage broker never showed up again they do not need to inform him then (they did not assume the mortgage broker would take out insurance in their name without getting permission beforehand to do so).
They were able to get out of that by talking to the insurance company but were quite upset with their mortgage broker (understandably). However, here is the part that I do not understand, I have not studied law but I would bet that there must be laws in place (in the UK (England)) that prohibits third parties from taking out insurance on someone else's behalf without their explicit consent. Assuming these laws exist (and here is where my curiosity comes in), what are the consequences for mortgage broker? Slap on the wrist or potential bigger punishments (if pursued that is)?
In addition to my own curiosity, I am actually about to embark on the same journey (mortgage application) and I just want to avoid this whole situation in the first place so I would like to know what my mortgage broker is and isn't allowed to do in my name. I would assume they would know the consequences of taking out insurance that I have not instructed them to do but I would feel better / more informed if I knew what the law actually says on this.


texts: Can a U.S. citizen who renounced his citizenship, get a green card through his American wife?

texts:
Here's the situation:

A dual citizen American-British couple lives abroad (i.e. in the U.K). Because of the burdens of U.S. worldwide tax (the only country that does this besides Eritrea) the husband decides to renounce his U.S. citizenship so that he won't be doubly taxed on his income, sale of his home, etc. The wife and children however maintain their U.S. citizenship with the idea that should they ever wish to move back to the U.S., the husband can accompany the wife and obtain status (i.e. green card) as the spouse of an American.

Are there any rules that would prevent an ex-citizen from returning as a spouse? Form I-130, the Petition for Alien Relative, makes no mention of ex-citizens, but I wonder if anyone knows of any hidden rules or precedent for this sort of situation.


texts: Does the 4th Amendment have a Miranda-like precedent?

texts:
The Supreme Court decided in Miranda v. Arizona that people had to be told their rights under the 5th and 6th Amendments, since if people don't know that they have those rights, they don't really protect them. Those rights, of course, can be waived, as can the right not to be searched without a warrant.

If a police officer comes to your house without a warrant, says that they think you have illegal drugs, and asks if they can enter to search the property, do they have to disclose that it isn't legally required since there isn't a warrant? A reasonable person may feel as though they don't have a choice.


texts: Why does the monetary fine portion of a law seem so much less severe than the prison time?

texts:
I have over time seen many US laws where the text reads a penalty of $1000 or 1 year imprisonment. The latest one I’ve seen was on my Twitter feed:

But I’ve seen many like this over the years. Is this due to inflation from when the law was written? Is there no mechanism in place to automatically adjust the financial penalty? Does this problem/phenomenon have a name?


texts: GDPR: Can a website not process personal data?

texts:
I want to have a website where I publish my own articles.

When a user requests a webpage, I receive an HTTP request from their browser, which contains the IP.

Now, for a split second while the website processes the request, it stores the IP. This is cleared immediately after sending the response (and the webpage is sent to a user).

Suppose there is no other kind of IP logging for my website, nor any user data collection/tracking.

Does this constitute personal data processing?
If so, do I have to register as a "Data Protection Officer"?

Also, is any website able to comply with GDPR, seeing that any webpage visit triggers the processing and response of an IP address?

There is an exception "for journalistic purposes or the purpose of academic artistic or literary expression" (Article 85 in the GDPR). However this relies on the member states' law.

Edit: Also, there is an exception for personal activity: Article 2, paragraph 2. (c): "by a natural person in the course of a purely personal or household activity" - This would mean that if I do not publish the IP, it's "personal". But replying to an IP would technically imply that I send the IP to the ISP, and routers along the way, so I'm not sure if it's "personal".


texts:
My spouse and I currently live in the US. We plan to move back to my spouses home country, where we will live and work long term. Our current plan is to have my spouse start a company in the foreign country and we both work for/on in. I would like to start the company earlier, while still in the US so that we don't have to start the company fresh when we get there.

My spouse can't work in the US, so it would just be me working for the company. I wouldn't need the money the company earned now, so I  would just want to leave it in the company. I believe I wouldn't be required to pay taxes if the company doesn't distribute the funds and I don't own any shares in the company, but I am concerned this would look like tax fraud.

If I don't own the foreign company, and I don't receive any payments from the company, then how (if needed) do my spouse and I report earnings for US taxes purposes?


texts: I have searched for prior art in PubWest and patents.google.com.   In addition I have searched the web (Google) for any prior art that would invalidate a patent for my die.  That being said, is there any other resource that I should be searching to find prior art?  Clarification or requests to clarify the question are appreciated


texts: Are artificially generated personal data covered by the GDPR?

texts:
According to Article 2(1) GDPR:

  ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

In my country, Poland, we have a national identification number called PESEL. It has 11 digits which encode date of birth, sex, ordinal number and one checksum digit. All combinations can be easily generated on todays computers.

Article 87 GDPR states that:

  Member States may further determine the specific conditions for the processing of a national identification number or any other identifier of general application. In that case the national identification number or any other identifier of general application shall be used only under appropriate safeguards for the rights and freedoms of the data subject pursuant to this Regulation.

if I generate all 1,826,210,000 PESEL number combinations, do I become the holder of the personal database of all Polish people and (if I am a company) do the obligations arising from the GDPR begin to apply to me?


texts: A manager at my company cited a very vague New York law that I'm skeptical about. We can have no more or less than 48 hours to sign an employment contract. Is there any truth to this?


texts: Can I legally deny the President of the United States entry into my home?

texts:
If the President were to show up at my home and demand entry for some reason (unlikely as that would be), do I have the right to refuse?

I am aware that it would be a felony to make direct threats against the President's person, but this seems to be a grey area. For instance, if they tried to force my door open, and I resisted from the other side. Again, a fantasy world but nonetheless I ask. It's still my home, and there's a trespassing intruder, but then again the President has all sorts of rights and privileges denied everyone else.


texts: Why did McAlpine (M) sue under the main contract between M and Panatown, rather than under the duty of care deed between M and UIPL?

texts:
Richard and Damian Taylor. Contract Law Directions (2019 7 ed).   BAILII has Alfred McAlpine Construction Limited v. Panatown Limited [2000] UKHL 43. p 349.

  Benefits in construction contracts

  The House of Lords confirmed in the complex case of Alfred McAlpine v Panatown (2001) that,
  outside the social/consumer contracts where the contract is made by one party for the benefit
  of others as a matter of convenience and simplicity, there is no general rule allowing a contracting
  party to recover a loss on behalf of a third party.

  McAlpine contracted with Panatown to construct a building on land owned by UIPL, a company
  in the same group as Panatown. McAlpine also provided a ‘duty of care deed’ to UIPL directly
  whereby they agreed to use all reasonable skill, etc. in constructing the building.

p 350

  The project did not go well and the costs of repairs for the alleged defects plus damages for
  delay were estimated to be tens of millions of pounds. The decision was made by the group of
  companies to sue under the main contract between McAlpine and Panatown rather than under
  the duty of care deed between McAlpine and UIPL. [I boldened.] McAlpine argued that Panatown, as opposed
  to UIPL who was the owner of the defective building, had suffered no loss. Panatown
  argued in the House of Lords: (i) that it was entitled to recover the loss suffered by UIPL on its
  behalf; and (ii) that in any event it had suffered a loss itself in that it had not received what it
  bargained for even if it was itself financially no worse off.

  On the first point relating to recovery of loss suffered by a third party, the House of Lords was
  clear, as has already been said, that there was no general rule permitting such recovery. The real
  issue here however was whether Panatown could rely on a special rule traceable back to Dunlop
  v Lambert in 1839 and referred to in The Albazero (1977) by Lord Diplock in relation to contracts
  for the carriage of goods. This rule was then developed by the House of Lords in Linden Gardens
  v Lenesta (1994) so as to apply to contracts for the construction of a building.

  The Dunlop v Lambert/Albazero exception applies to contracts whereby the claimant is the
  original consignor of goods to the defendant carrier, it being contemplated that the ownership
  of the goods will be transferred on by the claimant to subsequent purchasers whilst still being
  carried by the defendant. The subsequent purchasers are therefore the ones who are, by the
  time of the breach, the owners who suffer the actual loss or damage to the goods but who have
  no contract with the defendant carrier. The exception recognizes that the claimant can recover
  damages even though he suffers no loss personally and that he holds the damages on behalf
  of the subsequent purchasers who have suffered loss.

  This exception was applied by the House of Lords in Linden Gardens v Lenesta (1993), or more
  accurately in the second case heard and reported with that case, St Martin’s Property Corporation
  v McAlpine.


texts: How did 'consideration' semantically shift to mean 'something given in payment'?

texts:
What semantic notion connects the bolded meaning beneath with all the others that aren't related to recompense? To me,  nouns like remittance or solatium (if we prefer an uncommon term) fit the bolded meaning more intuitively.

  mid-14c., consideracioun, "a beholding, looking at," also "a keeping in mind," also "contemplation, reflection,"
   from Old French consideracion (12c., Modern French considération) and directly from Latin considerationem (nominative consideratio) "consideration, contemplation, reflection," noun of action from past-participle stem of considerare "to look at closely, observe" (see consider).

  Meaning "a taking into account, act of paying attention to" is from late 14c.; that of "examination, observation" is from early 15c.. Sense of "thoughtful or sympathetic regard" is from c. 1400. Meaning "that which is or should be considered" is from late 15c. Meaning "something given in payment" (as recompense for service) is from c. 1600.

Which semantic shift is this?

The bolded meaning looks related to meaning of 'consideration' in English contract law. See Paul Richards, Law of Contract (13 edn 2017), pp. 68 Bottom-69:

  [...] it has become preferable today to think in terms of consideration amounting to a claimant buying a defendant’s promise by performing some act in return for it.
  Alternatively, the claimant may purchase the defendant’s promise by the furnishing of a counter-promise. This modern approach was summed up by Sir Frederick Pollock (1950) in
  Principles of Contract, where he defined consideration as:

    An act or forbearance of one party, or the promise thereof, is the price for which the promise
    of the other is bought, and the promise thus given for value is enforceable.

  This definition was approved by the House of Lords in Dunlop Pneumatic Tyre Co. Ltd v
  Selfridge and Co. Ltd [1915] AC 847 and is regarded as being more representative of the
  doctrine of consideration in the modern commercial contract than the nineteenth-century
  concept of benefit and detriment.


texts: I am using services such as AWS and MS Azure to host websites for my clients. Is it OK / Legal to use those companies logos on my websites as a partner or this is considered infringement?


texts:
The recent controversy over the Drejka shooting in Clearwater Florida, involves a shooter invoking 'stand your ground'.   As I understand the matter, LEOs (law enforcement officers) are forced to make a decision of whether or not to arrest and charge a shooter based on available evidence \ testimony.  The Sheriff decided not to arrest the shooter.

I understand that burden of proof has been shifted to the state to prove that unreasonable force was exercised: is this true only in a court of law where the shooter has been charged, or is it also true in the course of LEO's evaluation of events to decide whether to  arrest and charge the shooter?  Put another way:

Do LEOs need probable cause comprising a conclusion that unreasonable force was exercised to make an arrest / charge once 'stand your ground' is invoked?

I realize that this is a highly charged topic and no inference should be drawn regarding my position regarding the matter.


texts: Did Michael Flynn commit crimes other than perjury?

texts: I understand that he pleaded guilty to perjury. On the things that he lied about, were any of them indictable offenses? Would he have been likely to be convicted?


texts: (How) Can I easily export produce from Serbia to Sweden via Hungary?

texts:
I am from Sweden and I have a friend who lives in Serbia. My friend produces cheese, honey and wine. I'm helping  my friend to investigate what would be involved in order to export his produce to Sweden.

I have started a dialogue with the customs authorities in Sweden, and it seems quite bureaucratic and complicated. I'm also investigating an alternative route: import the produce from Serbia to Hungary. Once it is in Hungary, I think it will be easy to export it to Sweden, and we can do so without any special permits or certificates.

Once the produce is in Hungary, is it actually easy and straightforward to send it to Sweden?
What are the legalities involved when exporting the produce from Serbia to Hungary? I have assumed here that it is easier and less bureaucratic than exporting it to Sweden.


texts: Is it legal to ship an envelope of glitter to somebody?

texts:
Is it legal to ship an envelope of glitter to somebody (e.g. Ship Your Enemies Glitter)?

If it's not, what are the potential penalties?


texts: What is the statute surrounding refusal to answer questions in a congressional hearing?

texts:
The US Senate Select Committee on Intelligence held a hearing today, June 6th 2017, on FISA legislation (LINK: Full hearing video recording). This hearing included testimony by the following witnesses:

  Director Daniel R. Coats\
  Director of National Intelligence (DNI)

  Acting Director Andrew McCabe\
  Director of the Federal Bureau of Investigation (FBI)

  Admiral Michael S. Rogers\
  Director of the National Security Agency (NSA)

  Deputy Attorney General Rod J. Rosenstein\
  Deputy Attorney General of the Department of Justice (DOJ)

Each witness at several points indicated that they would not or could not respond to direct questions posed by the congressional committee. Examples of this can be particularly seen in Senator Martin Heinrich's time (1:44:46 to 1:50:06) and Senator Angus King's time (1:55:30 to 2:01:55).

Selected excerpts from those two particular sections

  Director McCabe: "And I think that those matters also begin to fall within the scope of issues being investigated by the special council, and wouldn't be appropriate for me to comment on those today."

  Director Coats: "I do not share with the general public conversations I have with the President or many of my administrative colleagues... that I believe should not be shared."

  Senator King: "Why are you not answering these questions? Is there an invocation of executive privilege by the President of the United States? Is there or not?"

  Admiral Rogers: "Not that I am aware of."

  Senator King: "Then why are you not answering our questions?"

  Admiral Rogers: "Because I feel that it is inappropriate, Senator."

  Senator King: "What you feel isn't relevant, Admiral..."

  Senator King: "I am not satisfied by, 'I do not believe it's appropriate' or 'I do not feel I should answer'. I want to understand a legal basis. You swore that oath to tell us the truth, the whole truth, and nothing but the truth. And today you are refusing to do so. What is the legal basis for your refusal to testify to this committee?"

  Director Coats: "I'm not sure I have a legal basis..."

Director Coats and Admiral Rogers both refer to issues regarding the setting of this discussion and possible involvement classified information as reason why they are not able to answer. But this seems like broad authority to not answer a question, without legitimate privilege.

Senator King explicitly closes his questioning period by stating, "It is my belief that you are inappropriately refusing to answer these questions."

What are the legal requirements to answer questions when testifying in this setting?

What is the legal recourse for compelling withheld responses in this setting?

What is the legal authority of the US intelligence community leaders to determine the appropriateness of the questions asked to them?


texts: If a company made a child pornography anime (so not using real children, just drawings), would it be illegal?


texts: In the Trump Impeachment process what is the legal status of notes?

texts:
Let me give some background. In my life I make reports on people's homes. My insurance company forces me to use a standard report report that they issue. Why? Because if  I used my own format or my own notes and my work went to a court case, a clever lawyer could discredit my evidence by saying "you only have notes, not a formal report. That is a rough draft and isn't good [or even admissible] evidence.

So if we come to the Trump impeachment hearings, I think along the same lines. That witness Gordon Sondland said that he was "not a note taker". That lack of note taking was used against him in Republican questioning. But if he had taken notes [for instance Taylor brought in a notepad of what he had taken at the time] then what would have been the legal status of notes, as distinct from a formatted, final report of what a witness heard and saw?


texts:
If I had a car policy expire on 22nd May 2019 that had 3 years no claims, how long is this 3 years no claims valid for to use with a new policy ?

Is it just my next insurance policy ?

What if I started a new policy, but after 9 months realised I could get a much better deal else where with 3 yrs NCD, would the 3 years NCD still be valid, and if so for how long ?

This is for UK car insurance, just a standard fully comprehensive policy for a single driver.


texts: What is the legal definition of "constituent"?

texts:
I'm currently in US on a green card. For various reasons I'd like to engage in political process which involves sending mail to representatives.

Usually the prepared letters involve language such as "as a constituent". I know I cannot vote or pretend to be a US citizen. However I cannot find a clear definition of constituent - is it all people who live in a given district or is it all the people who are allowed to vote?


texts: Creative Commons ShareALike LaTeX template

texts:
I am writing a book in LaTeX. I am using a LaTeX template that has a Creative Commons NonCommercial ShareALike license (CC BY-NC-SA 3.0).
I would like my ebook (pdf and epub formats) to have the Creative Commons NonCommercial NonDerivatives (CC BY-NC-ND 4.0).
If the license transfers itself from the template to the compiled pdf, this change of license seems incompatible.
But, I presume this is possible, because my ebook is an original work that only uses the template mentionate above. I am not redistributing the template.
Is this assumption correct?


texts: Can you selectively consent to searches?

texts:
Often I'll go for takeout and they'll hand me my food in an paper bag. There's nothing wrong with this, but I tend to feel suspicious walking down the street with this unmarked brown paper bag. If a police officer stopped me for whatever reason, I'd explain that it was just my lunch, and I'd be 100% okay with handing it over so they could have a look inside and see that, yes, it's just a burrito and some chips.

What I would NOT be okay with is that escalating into “you let me search one thing, so now you also have to let me search your backpack, phone…”. I mean, if they thought my phone was fishy, I'd probably let them have a look, but the most I'd be okay with is a cursory examination, while I'm standing there, with the thing locked; and I certainly wouldn't provide my pin/password/fingerprint/face/whatever could be used to unlock it. Whether I'd be okay with having my backpack searched varies.

Are there any issues with this? Can you selectively consent to searches this way, or do you have to politely decline any search at all to prevent things spiraling out of control?


texts:
Indiana Code 35-43-2-2 states:

(c) A person has been denied entry under subsection (b)(1) when the person has been denied entry by means of:
(1) personal communication, oral or written;
(2) posting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public;
(3) a hearing authority or court order under IC 32‑30‑6, IC 32‑30‑7, IC 32‑30‑8, IC 36‑7‑9, or IC 36‑7‑36; or
(4) posting the property by placing identifying purple marks on trees or posts around the area where entry is denied.

Should this be taken to mean that a physical barrier (with out signage) does not deny entry?
Also as a second question how does no trespass signage affect delivery people, such as USPS, etc.


texts:
Within a copyleft license is it possible to have a clause that would grant exclusive rights (=private license) for the same content to a company?

I mean something liky CC-BY-SA plus "company X is being given license to do ...". Is it possible to incorporate this into a single license? Or is it better to incorporate the license for the company within terms of service?

I want to cover that the company will also have "private license" to the derivatives of the content.

EDIT: Learned abozt what "exclusive" rights are and I do not want that. Otherwise the question remains the same.


texts:
I would like to obtain minutes of Board of Trustee meetings from a federal charity organization in Canada.  I know how to do that in the U.S.  How does one do it in Canada?  Is this something that technically only a Canadian citizen can do?

Update: I checked at the Canada Revenue website and discovered that there is a distinction at least for their purposes between charity and non-profit, and that the organization I'm interested in is a charity not a non-profit.  For what that's worth.


texts: Can landlord require me to pay rent through ACH?

texts:
I'm undecided as to whether this question belongs here on in the Money & Personal Finance SE, so apologies in advance if it should be migrated.

I'm facing a situation where my landlord had previously collected rent through an online service, in which I had to initiate the payment each month and specify the amount.  That service has since been discontinued.  As a result, the landlord is now asking all tenants to sign a modification to the lease agreement that specifies two actions:

The ownership of the rental property has changed names to a different LLC.
The rent will be collected through automatic monthly ACH payments from a bank account that I would furnish.  This form authorizes the LLC to withdraw funds from my account as determined by my rental agreement and any future addenda to this agreement, until I move out.

My first question is not so much a legal one, but a plea for advice:  is this something I need to worry about?  If I agree to these terms, would I be exposing myself to financial risk?

Second, is this type of contract legally enforceable under California housing law?  I know I haven't provided the verbatim wording or additional details (mainly to preserve some sense of anonymity), but this whole thing smells fishy to me and I cannot imagine how an arrangement in which a landlord has direct access to my bank account is permissible as a condition of rental.

I am not able to move on such short notice.  For the previous month, I wrote them a check, and it went through, so their request isn't out of an absolute need to have this arrangement, but it appears to be for their convenience.  For what it's worth, the property owners have been very gracious to me and we get along extremely well, but I have learned not to confuse the personal with the professional.  This whole thing smells to me.

Update:  I spoke to my bank and was informed that by signing the ACH authorization form, I would be giving my landlord complete access to funds in my checking account.  The representative told me that they would not need subsequent authorizations.  It's similar to scheduling automatic payment of utility bills, but this is obviously unacceptable to me for such large transactions on an account where I get my paycheck deposited.

While it is true that my account number and the bank routing number are printed on paper checks, the critical difference is that I have to sign each check I write, and that instrument can only be used once.  The form I am being asked to sign permits repeated withdrawals without further intervention on my part.

I have also found the relevant portion of California law, in Civil Code Section 1947.3.  Because I have never been delinquent/late in paying rent, I not obligated to sign this request, nor can the landlord force me to sign it as a condition of remaining on this property.  Moreover, I would tolerate paying in cash if necessary despite the monthly inconvenience, as the issue is about control of my funds.  But in the meantime, I will try to negotiate some other arrangement.  I've also discovered that I've been overpaying my rent for the last 8 months.


texts: Can a landlord refuse rent payment with the intent to evict a tenant?

texts: I've been renting a room in California, USA for like 4 years. The rent is $650/month. For the last 10 months, there has been serious noise issues coming from the landlord's household. Those are: loud talkers, kids' screaming, kids' crying, yelling at kids, kid jumping in the bathtub,....that sort of things. It has worsened to a point that's intolerable. Last week, I gave the landlord a complaint letter regarding their noises, and he didn't seem quite happy and willing to fix the issues. Chances are he might turn into hating me, and refuse my rent payment to create a not-paying-rent cause, then file an eviction lawsuit against me. Is that legal? And if that happens, how can I prove to the court that I offered him the monthly payment, but he refused to take it?


texts: Registering a trademark in the UK - Lowercase, title case or uppercase characters?

texts:
I'm in the process of applying for a UK trademark through the UK government IPO service.
I've used the Right Start Examination Service and my application has been approved for the next stage.
Before I continue, I wanted to ask whether it makes a difference if a trademark is registered in title case, lowercase or uppercase?
I have registered one word mark in title case, like so:
My Trade Mark
I've read in a few places that registering the trademark in capital letters gives you broader protection, e.g. MY TRADE MARK.


texts: Differences between SoCal and NorCal real-estate

texts:
I recall that there are some significant differences in real estate law or procedures between Northern California and Souther California.

What are the exact differences and where is the dividing line?

Additionally, it'd be interesting to know why there is such a separation of the state in the first place, where everyone to the north and south agrees to a certain mutually-exclusive set of procedures.


texts: Am I at fault? Can I get my security deposit back from Landlord?

texts: I signed a weekly rental agreement in Pennsylvania to live in someone's home. I ended up not staying and I text messaged the landlord that I left and no longer wished to stay. The landlord says he will be retaining my security deposit because I didn't give him proper notice. Am I at fault? What should I do?


texts:
Say there's website X that features a bunch of recipes authored by themselves. The recipes feature

Afaik you can't have copyright on a recipe, only on the imagery and textual description of how to prepare the recipe.

Say I scrape all these recipes and their data (nutrition, ingredients, etc) and use it in my app to do calculations. Based on these calculations I display a link to my users to the page that contains the recipe on website X.

Would this be legal?
And what if I use their image and recipe title, still linking to website X's recipe.
And what if I generate revenue with my app.


texts: Do any UK laws dictate how a person's title shall be determined on their passport?

texts:
This question is related to gender issues, and should be seen in that context.

A person's legal gender in UK law and on official UK documents such as a passport, is legally determined. But what about the title they stipulate on the same documents? That seems a lot more open to choice.

This question is about whether their title on such documents is of their own choosing, or whether it's legally limited in any specific ways (and if so, on what legal grounds and how it is limited). I'm assuming the title is one they use everyday.

Traditionally and usually, a person who is legally recognised as male uses "Mr" as their title, and a person who is legally recognised as female uses "Ms" or some variant on theirs. The main exception is if they have some other title they are known by, such as Dr, Lord/Lady, Professor, or any of several others.  But what determines whether some title is able to be used on their official documents?

What promote the question is that the title, unlike gender, does seem to be something that a person can choose or acquire without legal recognition, and in many cases it's completely up to them the title they wish to have, and their choice will be used on official documents such as a passport, other than on the grounds of legal designation.

Three quick examples (there are probably others):

A person may have a social award (a degree or tenure for example). If so, they might still choose to be known as Mr/Ms but could at will opt to have a passport with title Dr or Professor.
If female and unmarried one person might choose Miss and another Ms.
if married one person might choose Mrs and another Ms, but presumably a married female who wished to continue using Miss as before would not have their passport application rejected.  (My reason for this guess is that if they didn't change name they would not have their old passport invalidated just because it used "Miss" and was therefore legally incorrect, on the grounds they were legally now "Mrs". I could be wrong though?)

There seems to be scope/flexibility for a person to choose what title is used for them on their passport. I'm not aware of a UK law saying what title a person may or may not use.  So how much choice is there? What governs valid and invalid choices of personal title?

More specifically, can one state a gender-indicative or marriage-indicative title at will? Two quick examples:

Could a legally female person who was not married but habitually used "Mrs", have "Mrs" on their passport anyhow?(Examples of why they might wish to:  They might be divorced but not wish to change title. But suppose they had never been married, or might use Mrs all the time and on documents because of perceived benefit in not appearing to be a single female, especially when travelling)
Would a legally male person who used "Ms" in everyday life be prevented by law from using "Ms" as their title on their passport?


texts: Can a landlord hold damage deposit after changing a contract?

texts:
I recently signed a contract with a new landlord.  Both parties agreed to the terms (specifically having 1 month free rent with a year lease) and signed the lease.  They also took my damage deposit.
I received an email today from the landlord saying that he cannot uphold the 1 month free and would like for me to sign and resend an updated lease.  I refused as that was a major part of why I picked that location and asked for the damage deposit back and he claimed that the damage deposit was non refundable.

Is this actually a fair claim from the landlord?  No where in the lease does it say this and I see no reason why he wouldn't simply return the damage deposit.

Also I live in Alberta, Canada if that helps.


texts: Am I required to hand out my private encryption key by german law?

texts:
I have posted a question over at academia.stackexchange.com (see [1]) which involves a legal question that may better fit here.

Context: I am a PhD student of a german university. Due to illness a coworker was absent for a longer period of time. Therefore the accessibility of employee data was discussed. Most of my colleges including myself encrypt their data, and are therefore asked to hand out the private encryption keys for the case of "emergencies". I am having problems with this, since this would (at the current state of my setup) give access to a lot of private data (emails, some music, etc.) but also enable to "speak in my name", i.e., e.g. send emails from my professional email account, sign documents, etc. So, for a privacy concerned person this is a no-go.

Am I required to hand out my private encryption key to my employer (i.e., certain members of the institute) by german law in this situation?

[1] https://academia.stackexchange.com/questions/142617/am-i-required-to-hand-out-private-encryption-key-to-head-of-institute


texts: Copyright notices: a team or project declared as copyright holder

texts:
Sometimes I see copyright notices like

Copyright © 2016-2018 The TokTok team.
Copyright © 2013 Tox project.

I wonder if I can use similar copyright notices in a project of mine (licensed under GPL). The are some closely related questions: What defines a team? What happens if the team grows? Is some paperwork or registration necessary or the use of a version control system (VCS) makes it unnecessary? As you know, VCSs record the evolution of a project, the time and amount of contributions made by each developer.


texts: Can a person be charged above the amount of damages by laws as a fine?

texts:
Added after edit: Is there any clause in the Constitution of California that prevents a law from attaching fines that are worth more than the actual damage that was caused by violation of the law?Has there been any such cases?
_______________________________________________________________________

The jurisdiction is : USA -> California
The law used as example is: CCPA
The CCPA states that if someone fails to respect a user's privacy rights, the website owner may be charged $7,500 per visitor or violation. Now, let's say a company has 10 million users from California. The website either fails to delete IP logs of the visitors or suffers a data breach. The company only makes $100,000 per month through ads, with operations costs of $10,000 per month.
Can the company be given a $7,500 * 10 million = $75 billion dollar fine? Are there any laws that prevent this?
In general, can any law just demand any amount from anyone?


texts: Freedom of speech vs freedom of the press

texts:
Are there any substantial legal distinctions between the First Amendment's right of freedom of speech compared to freedom of the press?

I'm specifically looking for any distinctions officially drawn by any of the three branches of U.S. government.

To clarify further, I understand speech and press to be modes of expression.  Freedom of speech has limits of reason, as in yelling fire in a crowded theater.   What I'm wondering about is if there are concrete, factual examples where the limits on expression have been explicitly distinguished based on mode of expression.


texts: Interactive installation copyright management information

texts:
Assume an artist Abel creates an installation from mirrors. It is placed inside a building not open to the general public, so the architecture rule for photos of it does not apply. When passing through the mirrored hallway, one will see fractured and distorted projections of oneself. With clever etching, the copyright information (in the shape of a copyright sign, year, and signature) of Abel is always seen from each angle while you see the inside of the hallway. He took the necessary steps to register the copyright in the installation with the copyright office.
Photographer Peter by chance sees the thing when in the building on an unrelated job and takes a photo series. So on first blush, he's creating a derivative work, without a license or property release that allows photographing this hallway. Now, he spends painstaking hours retouching the copyright line, altering in his own name in the same style below Abel's. He publishes the photo in a magazine, where Abel is discussed as a painter without mentioning any non-painted work. Especially, the installation itself is never mentioned, discussed, or indicated but for the photo, the photo is not captioned. The only indication that the photo is of a work of Abel is the context in which it appears and the included (altered) copyright line that is part of the installation.
Did Peter and the Magazine violate the integrity of copyright management information section 17 USC 1202 in addition to infringing on copyright as there is no discussion of the piece of art itself?


texts: Is service provider obliged by law to provide me with copy of DMCA takedown notice?

texts:
I'm running into problem with my content being removed from certain website through copyright notice.

The biggest problem is that I don't even know who posted DMCA notice or what copyright my post supposedly infringed upon. It was large text post talking about technology so it's very likely that DMCA notice was without any merit.

I've interacted with support of said website and only recourse they are offering is for me to file counter-notice. I obviously don't want to get into that without first at least understand what copyright I'm supposedly infringing upon.

So, is it possible to request service provider to send me DMCA takedown notice? Isn't there some part of the law that requires them to serve me with notice after post is taken down? This way I don't even know what I would be disputing in counter-notice.


texts: Do companies formed in other states require a separate registration in California?

texts:
Various online resources claim that if you register a company in another state while living in California, then under California law, you have to also register the company in California as a "foreign" entity, thus making the whole process cost twice as much and requiring you to pay twice as much in taxes, essentially making the whole approach useless.

Is this true or false? Reliable government sources would be much appreciated, but I'll take any insight at this point, just to have some foundation for further research.


texts:
Considering US law (federal, state and local), are there any laws which fall outside of the following categories (pulled from Wikipedia)?

Criminal Law
Tort Law
Contract Law
Property Law
Constitutional and Administrative Law
International Law

As I am not versed in law, it may be that the term 'law' itself is ambiguous or perhaps I have not been precise or accurate in the naming of these categories.

For instance, I'm not sure if military law is properly included as a subset of the bodies I've listed or if it is maintained as separate within our legal institutions.

The long and short of the question intends whether there are any actions (including the null action -- inaction) that can be committed by a person (human or corporate) that, under the jurisdiction of the US, can fall afoul of the law and can't be incorporated into one of the above categories.

To say 'no' would mean than any action (if that term is not itself legally ambiguous) that contravenes the law, criminal or civil, would fall into one of these categories. I suppose it may also be incoherent to consider law merely as a collection of impositions or prohibitions of 'actions'.


texts: Is it Cyber defamation and cyber insult crime to talk about someone else in the private chat?

texts:
So me and my friends had a group chat and we were talking about someone not in the group chat. We gave her some funny nickname but we never said it publicly. It was all in the private group chat thats all. but one of our friend send a screenshot to that person we talked about. And now she is threatening us with sue us with Cyber defamation and cyber insult crimes. My questions are if she sue us, is it possilbe that she can win? because she get the text without our permition, and we never insult her publicly, is ist still counts a cyber crime? and isnt that illegal to provide that private chatroom  and also reading it without our permition?
note: groupchat as only 5 people and its happen in South Korea


texts:
What is the legal status of secret societies?

Some assumptions on these societies to restrict the question:

1) They are not involved in unlawful activities in the countries in which members operate.

2) They may be concerned about politics or religion.

3) They operate online. (This point raises the further question: under which jurisdiction they would be regulated?)

4) By secret I mean: they want their members, activities and operations to be concealed to non-members. They want the organisation itself to be unknown.


texts: Can the owner of a copyrighted work use an unauthorised derivative work?

texts:
Let's say a company makes video games and unauthorised  fanart of one of the game's characters is made and posted on the internet. The company finds this fanart and uses it in merchandising etc.

Who is liable to whom and to what extent?

Could the fanart author sue the company for use of his work? If they countersued for his creation and distribution of the unauthorised work what would the "net" effect in terms of liability be?

As secondary questions how would trademarking of the original character design affect liability?


texts: Legal hurdles to providing personalized service based on protected demographics?

texts:
I am a computer scientist and UI/UX designer working on a fun project - perfect interface discrimination. Essentially, in the same vein as perfect price discrimination, I want to create a system that provides the perfect interface for people based on their demographic information. Some of these demographics, such as sex and age, are legally protected, and thus the question focuses on those in particular.

The use of this would follow as such:

User enters system
System magically detects demographic information such as age and sex (the latter of which is a protected class) (how doesn't matter for the question, just assume that it is 100% legal)
System provides interface that we know appeals more to User's demographics

What it does not do:

Prevent user from accessing any services the business provides
Make it unduly difficult for User to access any services

I know there are legal problems with providing different prices under 15 U.S. Code § 13, which prevents prices from discriminating for the purpose of lessening competition. However, I cannot find anything regarding using different interfaces for the same purpose, and definitely nothing on using demographics to tailor these interfaces.

Are there any legal requirements for providing the same experience based on protected demographics? I seem to recall department stores being able to lay out men's and women's sections differently, but does that apply here?

Note: I know that if there isn't a law banning it, then it is allowed in the US. I'm just seeking the help of people better able to know what to look for.


texts: Is it OK to charge for a component or service that is fully available in a free version?

texts:
Suppose I am a television manufacturer. I produce TVs that can (and do) show High-Definition broadcasts as well as standard definition broadcasts.

For marketing purposes, I clearly state that all my TVs can show HD broadcasts - my question is: Is it legal for me to charge a additional premium for HD viewing, even though the entire functionality already exists in a non-premium version? Any smart person reading the literature would realise that the TV already supports HD, but a less-smart person - let's say they're ripe for the picking.

Or alternatively, is there any stupid-person-protection-laws that prevents me from selling identical items at two different prices by advertising specific features, even though from the business point of view, the premium is pure profit?


texts: Say two companies are working on some software that does essentially the same thing: Can one of the companies patent the idea before it's finished to prevent the other company from working on it, or can they only patent the software once they have a working product?


texts: What are some remedies for a poor person if a petty rich guy buries him with frivolous lawsuits?

texts:
A poor, jobless person made a careless remark about a rich and petty person. The rich person gets to know about it and sues the poor person for defamation.

Does the poor person need to hire a lawyer to defend himself against the lawsuit? Lawyers charge by the hour. The poor person can hardly afford lawyers.

What are some cost-effective remedies a poor person can take if a petty rich person buries his poor victim with frivolous lawsuits?

Answers in the context of U.K, U.S, Australia are welcomed.


texts: What is the difference between a subpoena and a court order?

texts: In the context of trying to get someone’s real personal information from online/social media accounts, which is necessary?


texts: What are the legal bounds of a "well regulated militia"?

texts: Let's say a team of well equipped, former special forces soliders left the U.S. Army and formed a "militia." Legally, what could some of their missions be, if they were even allowed to operate? Who would authorize that, if anyone? What are the legal bounds of this organization/militia?


texts: Does filling U.S. postal service business reply envelopes with junk incur any legal peril?

texts:
Some companies that send junk mail include a "business reply" envelope.  This allows the junk mail recipient to send a "reply" through U.S. mail at the originator's expense.

In fact these business reply envelopes can be filled with heavy junk and given to the U.S. Postal Service in order to impose additional postage costs on the junk mailer (perhaps discouraging them from further junk mailing).  If a person did that could he be found liable for damages in a civil action?  Or does it run afoul of any criminal statute?  Are there any examples of either?


texts: If a stolen item is stolen again, who has the liability?

texts:
This is a follow up on a poorly phrased question. Assume a car is the only asset anyone has in this scenario.

Person B steals a car from person A by forging the registration in a fraudulent manner.

Then Person C steals the car.

What happens to the car once everyone is caught? Does person A get the car back, or are they only able to collect damages from person B, who is broke? Does person C keep ownership  of the car since they didn't steal from the legitimate owner, or do they give it back to A?


texts:
Reading through a summary of the Enron Scandal, one of the mentioned "ventures" that Enron took, was a joint venture with Blockbuster to provide online movie rentals. In secret however, Enron had set up a loan with a Canadian bank in the amount of $115 million, in exchange for 10 years of profit gained from the Blockbuster venture.

My question is, is this legal? It seems like the burden of debt was on the bank, and that if Enron was able to convince the bank to trade profits from the venture in return for upfront cash, then it's not Enron's fault if the profits weren't what the bank wanted. To be clear, I am not asking for legal advice, I am asking if what Enron did was legal in this case.


texts: Has there ever been a successful defense based on "self-defense" in a case of a person charged with killing an on-duty police officer?

texts:
Title says it all. Is there any example of someone being found not guilty of killing an on-duty police officer? Obviously this must happen all the time when the facts cannot be proven. I'm wondering about the case where the defense acknowledges that the defendant did indeed commit the act.

I've seen a question or two on here about hypothetical lines of defense in such a situation. But does anyone know of any actual examples?


texts: Can a company selectively allow violations of their Terms of Service?

texts:
https://venturebeat.com/2018/12/28/netflix-permanently-pulls-itunes-billing-for-new-users/

Unless iTunes shuts down the Netflix app they will be selectively permitting one of their vendors to blatantly violate their Terms of Service which explicitly states that anyone that attempts to circumvent Apple's ability to profit from subscription services within their store will have their apps removed.

I'm curious if there's any legal restriction on a company deciding selectively who they enforce their terms on and whom they don't.


texts: Are you required to act to preserve evidence that will otherwise be destroyed?

texts:
Deliberate destruction of evidence is a crime in most jurisdictions. However, consider the following scenarios:

Log files that could be used as evidence are periodically deleted unless you act.
On the third incorrect password entry data is automatically erased, and you witnessed the police about to enter the third wrong password.
You set up a dead man's switch that will incinerate your personal papers if not reset. You are arrested and asked for the papers, but decline to produce them.
The police believe you attacked someone with knife, and your fingerprints will be on it. You wait until the knife has rusted and the fingerprints are unrecoverable before revealing its location.

What are the legal consequences of not acting to preserve evidence in these cases?


texts: Would changing the medium of disclosure of code change how and whether copyright is enforceable?

texts:
I recently encountered someone that wrote a paper including 100 pages of pasted (computer) code. When I suggested that the pages of code could be better uploaded and made freely available on github.com (a public open platform where people upload code to share, and can specify a license for the code) as it is common practice.

He answered that due to copyright he could not do that. How would disclosing code printed on paper be different from disclosing it on a web page?


texts: What's the difference between "GDPR" "Privacy Shield" and "Safe Harbor"?

texts: I'm getting confused on the differences between "GDPR", "Privacy Shield", and "Safe Harbor".  Can someone please elaborate?  I think Privacy Shield replaces "Safe Harbor" but I still don't understand why GDPR wouldn't just apply to everything.


texts: Can students on F-1 visa in U.S. operate a software business incorporated offshore?

texts:
If I were to form an offshore company (IBC) for an internet business, can I run it in U.S. on F-1 Student status? It is just a software application. People go on the website to pay and download it. There is no major maintenance required, everything is almost automated.

Would I be allowed to hire freelancers to work for the offshore company?

Would I be allowed to hire employees(US or non-US) in the offshore company?

Does my presence in the U.S. as an F-1 student restrict me from earning money to my home country company and home country account?

P.S: the business will have no presence in the U.S. other than the owner living there and working for a job


texts: Are there any Utah, USA laws about landlords providing fire extinguishers or other fire suppression?

texts:
I recently had a problem with a faulty light switch that had me worried about my townhome having an electrical fire. When I contacted the housing manager about it, he fixed the faulty switch, but told me that he doesn't provide fire extinguishers because they're too expensive and maintaining them is too much of a hassle.

Given that the building is over 30 years old and I've now had two electrical problems in as many months, I'm not going to risk my family's safety, so I bought a fire extinguisher last night. But I had always assumed that landlords were required to provide at least one fire extinguisher for residential dwellings. Is this not the case?

Are there any Utah or federal laws about whether a landlord is required to provide and maintain some means of fire suppression? Maybe in relation to renter's or property insurance?


texts: My landlord verbally told me that they have a secert setup of cameras, what should I do?

texts:
I was discussing something with LL and in heat of moment he verbally said that he have a secert setup of cameras.

He wasn't explicit if it's inside building or outside, but he said that he knows how many people live in the building.

What should I do ?


texts: Why do agreements contain clauses already covered by the law?

texts:
Many times, lawyers include clauses in a contract that is already covered by the law.
For example recently, a customer's lawyer wanted to add a clause to our service agreement that in summary says "we will comply with data protection laws, anti-bribery laws, etc."
Our contract is not above the law and we, as a service or product supplier, already have the obligation to comply with these laws. Why the need to add them to the contract ?


texts: Is it legal to vote in the state of New Jersey in the primary if you turn 18 by November election day?

texts:
I am trying to determine if it is legal to vote in the New Jersey state presidential primary if you're 17 years old, but turning 18 by November election day.

I honestly thought that it was a nationwide law that 17-year-olds could vote in their primaries as long as they turn 18 by November election day.

Acording to

http://www.njelections.org/voting-information.html

  To register in New Jersey you must be:
  At least 18 years old by the next election

After speaking on the phone with the superintendent of elections in Burlington County NJ, she says that "election" means "whatever it is that you are voting for", meaning you must be 18 on the day you cast your ballot in the primary itself. She could not give me a source to confirm her interpretation.

We also found this:

http://www.nj.gov/state/dos_statutes-elections-31-63.shtml#ele_19_31_5

  Each person, who at the time he or she applies for registration resides in the district in which he or she expects to vote, who will be of the age of 18 years or more at the next ensuing election, who is a citizen of the United States, and who, if he or she continues to reside in the district until the next election, will at the time have fulfilled all the requirements as to length of residence to qualify him or her as a legal voter, shall, unless otherwise disqualified, be entitled to be registered in such district.

Is the primary legally "an election"? Thank you for any help and guidance.


texts: Can an employee be penalized for missing work due to medical appointment?

texts: Can an employer discipline an employee for taking time off work for a medical appointment? What if the employee is still on the probation period? I won't get into specific details, but a somewhat urgent need for me to see a specialist came up and the soonest appointment he has conflicts with my work schedule. The manager is saying he cannot change the schedule.


texts: Is a governing law clause always enforceable?

texts:
If I'm elsewhere and a contract has a clause stating that it is to be governed by the laws of the state of New York, is this always enforcable? Could I be placed in situations where I would have to choose between violating local law or the contract? If a dispute does arise, would that mean I have to travel to NY just to go to court?

Example:

  This contract shall be governed under the laws of the State of New
  York without regard to its choice of law principles. The parties
  consent to the exclusive jurisdiction of the state courts and the
  United States federal courts to resolve any dispute regarding this
  contract.


texts: What exactly does “enclosed” land means under the Massachusetts trespassing law?   Does it mean land with defined boundarys such as old New England rock walls.


texts: Are websites legally obligated to provide a non-javascript login page?

texts:
I have read a couple times now that Websites are obligated to provide an alternative login page when their login form uses Javascript. I have not been able to find much resources on the matter though. (Google likes to present me with websites that discuss legal information that happen to have a login feature.)

Are there any legal requirements for a website to have an alternative to a Javascript login form? I'm interested in answers from all over the world.


texts: Are the names of parked domain websites trademarked?

texts:
If somebody registered a distinctive website name, that has no content or services related to it (i.e. it's an empty page), is the name trademarked?

https://en.wikipedia.org/wiki/Domain_parking


texts: Setting up two corporations to split profits and reduce tax brackets

texts:
Let's say I am receiving income in a corp from multiple entities for consulting services and most of the money I make I keep in my company to potentially pay out dividends in future years.

Would it make sense to split the income (and therefore the profits) between multiple corporations to keep in the lowest corporate tax brackets?

Let's say I have a yearly profit of $120,000. If the current tax brackets for corps are as follows:

   Taxable income over     Not over      Tax rate

      $         0        $    50,000        15%
           50,000             75,000        25%
           75,000            100,000        34%
          100,000            335,000        39%
          335,000         10,000,000        34%
       10,000,000         15,000,000        35%
       15,000,000         18,333,333        38%
       18,333,333         ..........        35%

It seems I should set up 3 corporations, have my clients pay each of them about $40,000, and thus each corporation would only get taxed 15%. Thereby saving $12,000-$23,000 in taxes.

I could easily imagine creating N number of corps and spreading profits between them all to have the lowest tax rate.

This all seems pretty easy and obvious to me, yet I don't see any advice on the subject anywhere on the internet.

Is this legal?

Am I missing something fundamental? Because otherwise, it seems like a pretty huge tax loophole that I would imagine would be heavily abused.


texts: What to do after an employee leaked our algorithm?

texts:
One of my company's internally developed algorithms was published online. It's a complex algorithm that took years to develop, I have a pretty good idea of which employee leaked it based on the team who worked on it and personal information on the blog, but I want confirmation. The algorithm is covered in detail but without any code from our codebase, so my employee might have thought it was okay to share this information publicly when it is absolutely not.

It looks like the algorithm has been online for at least a month. What can we do to mitigate damage from competition? Should we go ahead and license it? Should we even talk about this on our company blog?

(Related management question asked here.)


texts: Can presidential electors be challenged for performing "strictly a ceremonial function"?

texts:
BACKGROUND

Despite the basically accurate title of this question, the full question is a bit complicated so I am going to start with some background and then ask an expanded version of the above title. I am curious on how/if this would work in the context of Constitutional Law.

In a recent interview, Montana State Sen. Jeff Essmann, chairman of the Republican Party of Montana stated being a presidential elector

  “is strictly a ceremonial function, and I hope people remember that.”

My understanding of Federalist Paper #68 is that electors are supposed to perform their duties in a manner which is decidedly not a ceremonial function. Note the following excerpt with certain keywords I have highlighted in bold...

  It was equally desirable, that the immediate election should be made by men most capable of analyzing the qualities adapted to the station, and acting under circumstances favorable to deliberation, and to a judicious combination of all the reasons and inducements which were proper to govern their choice. A small number of persons, selected by their fellow-citizens from the general mass, will be most likely to possess the information and discernment requisite to such complicated investigations.

I believe (though I may be in error) the courts have in the past looked to the Federalist Papers, along with the minutes and other writings from the Constitutional Convention of 1787 to determine the Framer's intent.

(sub question) Is anyone here familiar with details of the Constitutional Convention of 1787 enough to know if there is any corroboration with the purpose of the electors as described in F.P. #68 ?

THE FULL QUESTION

So, here is the full question. If the founding fathers indeed wanted us to have an electoral college that was an active, reasoning, and deliberative body, could it be submitted to a court that any electors who affirm they believe that they were appointed to perform "strictly a ceremonial function" and that they intend to do just that are not qualified for and/or not fulfilling the obligations of the office to which they were elected?

PS: I believe this is called "non-feasance" in legal terms.


texts: Invalid information in Impressum on German web site

texts:
What are the possible legal implications, and what possible recourse is there for a visitor from outside Germany, when a German website has an Impressum section with invalid contact information?

The background for my question is that I want to reach a site owner regarding a web site which took over a domain name which used to be in my possession. I don't particularly have a problem with the site, I'd just like to get in touch regarding the possibility of setting up some redirects. But so far, every attempt, by email or phone, including whois contact information as well as impressum, has been unsuccessful.

My - admittedly speculative and somewhat vague - line of thinking is that, since the law presumably requires the Impressum information to be correct, the hosting and possible other upstream providers should be able to coerce the guy into providing contact information; even though they likely cannot volunteer his private contact information, they must have an obligation to pressure their customer to rectify the situation if they are notified of a violation.

Be that as it may, where can I turn to hopefully get the situation fixed?

I'm in the EU, if that makes a difference. I can probably produce a few sentences of roughly intelligible German if need be.


texts: How is it legal to sell soup as Oxtail Soup when it contains less that 1% of Oxtail?

texts:
Looking at the ingredients of my dinner, Oxtail Soup, I noticed that it actually only contains 1% Oxtail and contains 4 times as much beef.

I'm wondering how the company can get away with calling this soup Oxtail after an ingredient that only makes up 1% of the final item you are buying.

The question can be generalized to all food products. Are there any laws relating to food that specify amounts of ingredients that are required to be able to use that ingredient in it's name.


texts: What steps must an employer take to keep health information confidential?

texts:
I asked this on workplace but perhaps it's a better fit here.
With my job we are required to get COVID testing frequently. They normally hire different labs to do the testing so each time there's some administrative differences.
Last time I was asked to fill out a survey that was done through Google Docs/Google forms. The survey contained health information such as my personal health care number, birthday etc. Is it legal for a medical office to put client information on Google Forms? Is it safe and private enough?
Also there was a lineup to check in. The receptionist was behind a thick piece of plastic. She told us to yell so she could hear us. She needed personal health information (simillar to the survey) so when each person in the line was yelling it everyone else could hear it. Is this legal?
If I refused to comply with these, could my employer dismiss me or what would happen? I understand I must get COVID tested to do the job but perhaps a better lab could be contracted.


texts: What is the penalty in Hungary for giving a child the wrong surname?

texts:
When a marriage is registered in Hungary, and both spouses opt to keep their unmarried surnames, the spouses must make a declaration as to which surname will be given to any future children. This declaration is recorded in the marriage certificate. What is the penalty for failing to assign children of the marriage this surname?

For example, Kovács János and Szabó Mária get married and opt to retain their surnames. They tell the registrar that their future children will be given the surname Kovács, and so this is recorded in the marriage certificate ("A gyermekek születési családi neve: Kovács.")  They go abroad and have a daughter which they name Szabó Erzsébet, not Kovács Erzsébet.  The foreign authorities duly issue a birth certificate with this name because they do not know or care about the restriction listed in the parents' marriage certificate. If János and Mária then attempt to register the birth in Hungary, what penalty or problems, if any, do they face for giving their daughter the wrong surname?


texts:
Someone stole my car and fraudulently registered it. She is someone I let borrow the car, who then stole the title. Also, car was registered without insurance. This is all public record. I bought the car in 2018, let her borrow it, she stole in 2019 and registered without insurance and then added insurance a few days later.
Police are saying it's a civil issue and refusing to do anything about this obvious fraud. Her pimp is apparently in jail for something else now but police have not taken any action on the car.
Is there some legal reason police are not doing their job or do they just not care? If I find the car in a public place can I just break into it and drive off?


texts: When I moved to Florida from Michigan the only thing I had to go by were the pictures in the ads and on their website.  When I got to Florida I found out the apartment complex they posted so many really nice picture of didn't look anything like the pictures at all.  It was horrible !  They so badly misrepresented this complex I didn't want to live there.  I thought my apartment would look like the pictures they showed, but it was nothing at all like they were showing.  Would this be considered fraud ?  They  misrepresented these apartments very badly.


texts: Will I have to pay for training if resigned before probation?

texts:
I am based in UK. About 4 months ago I started a job that turned out to be different to what I expected. Responsibilities are below my qualifications and ambition; I was basically sold dreams during the hiring process.

As they have half a year probation, I am considering leaving on the basis of not being the right person for the role. The problem is that the first weeks of employment was training with some external coaches and there is a statement in my contract that says resignation before 1 year of employment implies paying for the training taken. It does not state how much exactly I will have to pay.

My question is, do I have any right / chance to refuse to pay it if I am still on probation and I think the role is just not what I was promised it will be? I personally think the training did not benefit me in anyway: it was mainly coaching and lectures – no certifications whatsoever that I can use further in my career.


texts: When is "at the time of the gift or inheritance"?

texts:
"Similarly, if you received specified foreign property as a gift, or inheritance, the cost amount is its fair market value at the time of the gift or inheritance"

Question:
If I am the beneficiary of a foreign non qualified annuity and I opt to leave the annuity in place for a few years (five year rule) and take out a distribution here and there.....

What is the timing of this gift?  would I be in receipt, time of death, time of reporting death to insurance company, time of receipt of distributions?

Would the full amount of the annuity be a part of my calculation of ACB for currency gains/losses or just the distribution?


texts: Can the president of the Peruvian congress appoint the president if the former officeholder is removed?

texts:
Article 115 of the Peruvian constitution says the following:

Por impedimento temporal o permanente del Presidente de la República,
asume sus funciones el Primer Vicepresidente. En defecto de éste, el
Segundo Vicepresidente. Por impedimento de ambos, el Presidente del
Congreso. Si el impedimento es permanente, el Presidente del Congreso
convoca de inmediato a elecciones.

Loosely translated:

In the case of temporary or permanent impediments to the ability of the President of
the Republic to fulfill their role, the first Vice President assumes their duties. Failing
this, the Second Vice President does so. If both are unable, the
President of Congress does so. If the impediment is permanent, the President
of Congress immediately will hold elections.

Among the various conditions mentioned previously (Articles 113 and 114) that can lead to such an impediment to serving as President is impeachment for permanent moral incapacity. So it would seem, from a plain reading of the text, that if a president is removed by Congress, then new elections must be held immediately, with the implication that the President of the Congress serves as president until then.
However, in at least one recent case, after such a removal the President of Congress, in their capacity as interim president, appointed another person as president. Is this legal under the Constitution?


texts: Where is the £60 fine for school absence legislated?

texts:
In the UK there is apparently a £60 fine per child "per absence" (not sure if this is per day or per contiguous block of days) for taking them out of school.

Where is this fine legislated? The only thing I can find is the amended Education Act 1996 section 444 which says:

  (1) If a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the school, his parent is guilty of an offence.

  (1A) If in the circumstances mentioned in subsection (1) the parent knows that his child is failing to attend regularly at the school and fails to cause him to do so, he is guilty of an offence.

  ...

  (8) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

  (8A) A person guilty of an offence under subsection (1A) is liable on summary conviction—

  (a) to a fine not exceeding level 4 on the standard scale, or

  (b) to imprisonment for a term not exceeding three months, or both.

(Yes they can really send you to prison for going on holiday with your children. Insane law.)

Anyway, level 3 and 4 on the standard scale are £1000 and £2500 respectively. I can't find any mention of £60. So my questions are:

Where is the £60 mentioned?
Bonus: Does any legislation clarify whether the fine is per day or per contiguous block of days.
Bonus: Does any legislation clarify what "regularly" means in the Education Act? I think one could argue that attending school for the entire year except 1 week is attending regularly.


texts: Is it legal to call a magistrate “My lord”?


texts: Is there any law that requires private companies to divulge the information they know/posses about you when formally requested?

texts:
In the U.S., Is there any Federal or State law that compels private entities to hand over the information they have about the requester? If there is, what would be the penalties for not complying with an order to divulge that information?

For example;
Bob wants to know what information a company like Sony possess about him between his product registrations, PS4 accounts and any other type of account that would fall under the "Sony" umbrella. So Bob follows what ever "formal" process Sony has put in place to make this type of request. At which point Sony refuses to give up the information.

Clarification Update: I'm not asking about deleting data. My context is simply on the "What information does the company have on me".


texts: If a law, which is in force but hasn't got royal assent, is amended on the way, would this have retroactive effect?

texts:
I have been evaluated for tax purposes under the current finance bill, which has  effect, even though it is not finalised, ie. it has not gone all the way through Parliament.

My situation is sensitive to some of the finer points (it has already changed twice during the drafting of the bill). Now if some of these change on the way to royal assent, what is customary, would it have retroactive effect or would the changes have effect from the date they were decided during the stages of the law passing through Parliament..?

Or does this completely depend on how the amendments are phrased?


texts: What to do if ex changes child school without my consent? (UK)

texts:
If one parent changes their child's school without the others consent (both have Parental Responsibility), what can the other parent do to cancel that?

The current school's new vacancy might be filled very quick, teh child might not be able to get back to it if a court order takes only a few weeks. Is there such a thing as emergency court order for this? (if so, how long does it take?)


texts: Can computer generated images, text, or other artifacts infringe on a copyright?

texts:
a few examples:

An artificial intelligence draws a picture identical to hello kitty, without having ever seen hello kitty before.
an algorithm for generating science fiction novels creates a work nearly identical to some already published work, again without ever having received any of the copyrighted information as input.

The reason I ask is because it is likely that this will eventually happen, and the spirit of a copyright is that it is intended to prevent someone from benefiting from another person's legitimate work. These cases strike me as a bit odd primarily because (given sufficient auditing of the generating system) it can be proven that the work (although nearly identical) is also original.


texts: What does "exclusion of the defence of continuation of the offence" mean?

texts:
Could you please explain what this clause (from an employment contract) might mean:

  For every case of culpable violation of the obligation of
  confidentiality stipulated in section xx, the Employee is obliged
  under exclusion of the defence of continuation of the offence to  pay
  a contractual penalty of ...


texts: Is it possible to receive a presidential pardon before being charged (a "blanket" pardon or "pass")?


texts: What can a user do if a service does not enforce their TOS?

texts:
With many websites requiring a agreement to a TOS, this usually means that a user is restricted from doing certain things on the site or application, but does the user gain anything out of these agreements like standards that all users must follow?

This leads into my next question which is, does a user have a right for legal action for a service not enforcing equally?

I was trying to think of an example that didn't involve speech but I couldn't think of one so for example a blog site requires all users to not slander other users based on identity in their terms of service. Two users in this blog get into an argument and one of the users starts attacking one of the other user's identity groups. Moderators on the site deem the speech an attack but do not take any action like removing posts or banning the first user.
Does the second user have any action for the lack of enforcement of the TOS on the site?


texts: Oklahoma city reverses face mask requirement amid threats of violence

texts:
https://abcnews.go.com/US/oklahoma-city-reverses-face-mask-requirement-amid-threats/story?id=70481052&cid=clicksource_4380645_4_three_posts_card_hed

OK and OH are reversing requirements \ mandates to wear face masks amid violence & claims of constitutionality.

What exactly is the constitutionality argument?
Where do governors and local leaders gain their authority to issue a mask requirement?
Is the threat of violence against workers criminal?

https://abcnews.go.com/Politics/ohio-governor-face-mask-order/story?id=70472856

"It became clear to me that that was just a bridge too far. People were not going to accept the government telling them what to do," he said on ABC's “This Week."

I feel that I do not understand the governing dynamics.   From my view: a seemingly reasonable  order is rebuffed with violence and is walked back by authorities.   Any clarification is appreciated.

I do understand that there is a population segment does not like to be 'told what to do' and that they fiercely guard \ exercise constitutional rights and will protest any perceived erosion of said rights.

Apparently, the violence and enforcement of mask usage in a US pandemic extend back to the 1918 Pandemic in San Francisco.  Maybe anyone that uses the word unprecedented to describe COVID-19 should read the history of the 1918 pandemic.   describe COVID-19


texts: Will I be able to move house during the UK’s new restrictions

texts:
My current fixed term tenancy expires soon. Will I be able to move house during this “lockdown”, as it is not one of the listed exemptions.

As the alternative, will be landlord / lettings agency be required to extend my fixed term tenancy, to allow me to avoid moving house?

Note that this is a student letting - there are tenants already lined up after my tenancy ends.


texts: Does pre-trial detention exist only because of a resources constraint?

texts:
A lot of people are talking about alternatives to cash bail recently, which made me wonder, why does pre-trial detention exist in the first place?
My layman's understanding of pre-trial detention is that it's a kind of "buffer" or a necessary evil. The root problem appears to me that we don't have enough judges, public defenders, etc. to get everyone to trial immediately, so we have to hang onto them until a slot opens up. Bail exists because of flight risk, so if in some world there were no need for pre-trial detention, we wouldn't need bail or any alternative.
Is my understanding essentially correct? In other words, does pre-trial detention exist because of a resources constraint? Or is there some more fundamental reason why we have this intermediary step between arrest and trial?
My question is coming from a US-based context, hence my lead-in about "cash bail". However, I'm curious about pre-trial detention in general, regardless of whether bail is used or what form it takes.


texts: Scope of Trade Name Protection (word vs phrase)

texts:
Suppose I make up some name, like TripleW and register it as a trade name.

I would then be entitled to display TripleWTM on my merchanidse.

Suppose I sell both books and clothing. I would have two options for branding each line:

TripleWTM Books /
TripleWTM Clothing

vs

TripleW BooksTM /
TripleW ClothingTM

The first option would presumably be the appropriate one, since I registered "TripleY," not "TripleY Books."

But could I get in legal trouble if if displayed "TripleY BooksTM" instead?

I may have the cart before the horse. One of the things I'm trying to figure out is, if I register "TripleY," could someone else come along and register "TripleY Books"?

Or to put it another way, to protect all the above, would I have to register "TripleY" AND "TripleY Books" AND "TripleY Clothing"? Or if I register "TripleY," will that automatically prevent other people from including "TripleY" in a longer phrase (e.g. "TripleY Hot Dogs")?


texts: If suing for property damage can I claim for my time spent to replace those items?

texts:
I am claiming compensation for property damage due to negligence.

I will simply using the money to replace the damaged items.

Can I also claim for my reasonable time in replacing the items? For example, one hour per item to travel to the appropriate shop, find a suitable replacement, buy it and take it home.

If so, at what rate should I charge for my time? Would my hourly salary rate be appropriate?


texts: Is it legal to litter in international waters?

texts: Suppose I'm on a private yacht. I'm in international waters, and I forgot to bring a trash bag. So, I go ahead and just dump all my crap into the ocean. Is that illegal?


texts: What exactly does it mean that Polygamy is illegal in Canada?

texts:
As news about Mormons convicted for polygamy in Canada make headlines worldwide, I wonder what exactly this law should even mean nowadays?

This question is related to this one about the US, which states that basically just one marriage is valid and the others are not officially recognized. How is the situation in Canada different?

As the Canadian state does to my knowledge not prosecute having children with multiple partners, is such a conviction for polygamy based more on "impostering"/"faking" marriages which are void/do not exist by law, or what happened here?


texts: Is it prohibited to accept DMCA takedown notices from non-authorized individuals?

texts:
I asked Github to take down some infringing Capcom content. I'm 100% sure that the Capcom doesn't want the content there because it's software to bypass their copy protection. I specifically asked Github to bypass the DMCA route and instead call the takedown a "ToS takedown" or something else just to let a non-authorized third-party request content to be removed, and took it via their regular form instead of their DMCA form just to get the content removed via a another route.

I got the following reply:

  Hi Sebastian,

  Thanks for your question. Unfortunately, the law prevents us from
  accepting DMCA takedown notices from individuals who do not have
  authorization from the copyright owner. You can read more at our DMCA
  Takedown Policy page:

  https://help.github.com/articles/dmca-takedown-policy/

  Please let me know if you have any other questions.

  Best, Elizabeth

Now to the question:

Is it actually prohibited to take down content if a non-authorized individual sends a DMCA notice? What I have understand, DMCA sets the minimum requirements (what you must take down), and then you can take down more material than that, because it's your site. Nobody forces you to have user-submitted content that you don't want (let's say off-topic content or whatever).

I understand that a "DMCA notice" from a non-authorized individual is not a valid DMCA notice and the site are not required to take down the infringing material, but are they prohibited from doing that if they choose so?


texts: What responsibility I have by letting customers take payments from their clients on my system

texts:
I want to let users add their Stripe, Braintree or other payment processors API keys to my system and then let them send links to their clients where they can pay for services or whatever they are asking for.

Question is how much responsibility/liability I have taking into account I will only provide a system to connect their payment processor's accounts. I will never receive money from end-users. But domain, where they will be making payments, is mine.

Thank you for your help


texts: Is port-scanning my own WiFi network illegal in Australia?

texts: I've recently been drawn into pen-testing and port-scanning and I wanted to give it a try. I am unsure of the laws around port-scanning in Australia. Could I get in trouble with my WiFi provider if I scanned my network?


texts: Legal requirements for video game accessibility in the USA

texts:
The USA has several laws regarding accessibility of resources, both physical and electronic, with regards to persons with disabilities. For this reason, popular operating systems such as Windows, OSX, and Android all have settings to help people who are hard of hearing, have poor vision, color blindness, inability to press certain key combinations, or another disability relevant to computing. However, I am specifically interested in how these laws apply to video games under U.S. law.

The Americans with Disabilities Act of 1990 and Communications and Video Accessibility Act of 2010 are two examples that both help to ensure that persons with disabilities have access to communications systems and software (this question is not limited to the scope of those two laws, they are simply prominent examples). However, I have had a difficult time finding out exactly what this means and what means are used to determine if a particular piece of software must abide by the terms of the laws. The searching I have done has resulted in either information locked behind paywalls (e.g. papers in journals) or walls of text of legalese.

For example, I can gather that the PlayStation 4 itself (hardware plus operating system/shell) are now required to take measures to be accessible. This appears to be primarily because the system does more than simply play games: one can use it to browse the internet, play music, stream TV shows and movies, etc. It is, in effect, an appliance that can not only play games but also be used for general content consumption.

However, common sense would tell me that games designed for PlayStation VR would not be required to take measures to be accessible to the vision-impaired. That is the issue I have: common sense and intuition tells me this, not a law or a summary of the law written for laymen. I am not sure what specific legal test applies to software in this case.

The same applies to PC video games, and some PC software clearly must be accessible else disabled people be left behind in the digital age. Again, common sense tells me that a web browser or word processor must be accessible, but Skyrim might not: however, I am not sure what the law has to say about this.

What got me thinking about this was a reddit thread about Factorio. I am not asking if the laws apply to the scenario in that thread, I am asking what criteria does U.S. law have to say about video games sold or distributed in the United States' jurisdiction?

How would I, as a legal layman, be able to tell with reasonable certainty if or how accessibility laws in the USA apply to video games or other software designed purely for entertainment purposes?


texts: In the USA, some of the states gambling is illegal. River boats and cruise boats allow gambling because vessels in open water are subject to federal not state law. Applying this logic to aircraft, would a Zeppelin have these same freedoms to allow gambling even if loitering over a state that prohibits gambling?


texts: Is it defamation if the defamatory comments were unintentionally published?

texts: A person writes down defamatory statements, and they accidentally are communicated to someone else. Is that considered defamation?


texts: Name of interrogation technique used on multiple suspects

texts:
I read about an interrogation technique quite a while back in which the detectives separate all suspects into different rooms and try to get one of them to confess by telling them that the other has already confessed. This technique had a particular name which I can't seem to find anymore (nor can I find any mention of this way of interrogation).
Note: I'm not sure if this is the correct community for this question. I would be happy to be directed to the right place if it is not.


texts: Can I relinquish all liability, or have all liability relinquished prior to a possible offense?

texts:
Can I have full immunity or liability relinquished prior to any possible legal acts/offenses of a certain nature? For example, say I'm hired to be the voice of a public image that one day may be associated with terrorism. Is it possible that I can be granted immunity in such a case so that I am not liable for terrorism because I only voice such a begin -- and do not actually control them/their actions?

I know this may not be specifically easy to form an idea around, but I feel that someone will get this.

For example, say I request immunity in the case that a certain group I wish to work for is in legal trouble. I want immunity because I do not want to be charged with a crime that the group commits, not me, even though I may be the representative or CEO/etc. of such a company, group, or etc.

Is this possible? How does this work & under what conditions can immunity be granted beforehand?


texts: Is an agreement made through WeChat enforceable?

texts: If and counterparty and I agree to a contract through WeChat, is that contract enforceable?


texts:
Researching something I stumbled over the following Terms of service for a website:

Notwithstanding any other part of these Terms of Service, and notwithstanding any other express or implied grant of permission, the following persons/entities are expressly forbidden from using, accessing, or obtaining any information from [the site] for any reason:
Federal and state law enforcement agencies operating within or under the authority of the states of New Jersey, New York, Connecticut, Pennsylvania, and Washington. Agents of the offices of the Attorneys General of New Jersey, New York, Connecticut, Pennsylvania and Washington. Agents of the offices of Consumer Affairs or Consumer Protection in the states of New Jersey, New York, Connecticut, Pennsylvania, and Washington.

Is such a Term of "non service" legal and hold any water? The website claims that the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (the “CFAA”) would give their blanket ban force.


texts: Is it legal that I use Windows 10 without activating it?

texts:
I want to use microsoft Windows as my OS but I don't want to buy it after the Windows trial time expires. According to the microsoft licenses:

Is it legal that I use Windows 10 for years without activating it?

Note: I download Windows 10 iso image from microsoft website.


texts:
A Florida residential tenant contract is written such that after the term the renter is on a month to month contract and either party may terminate with 15 days notice.

Is this example coined by "Tenant at Sufferance"?  If not what are the differences?


texts: Is A Signed Written Agreement Alongside A Lease Contractually Binding?

texts:
I leased a new car a few months ago under certain conditions. Whether due to it being on the showroom floor or from whenever it was test driven, there were quite a few paint scratches and paint chips.

Before agreeing to a lease, I said I wanted a written statement that the dealer would cover all paint scratches and chips. Once I got this in writing on a formal dealer IOU slip (it has three copies), I signed it as well as my lease agreement. All files were packaged up and the IOU was stapled to the lease contract.

The dealer has yet to make good on their written promise and, in fact, has wasted my time by taking the car from me three times in order to do the paint yet the chips have never even been touched and most scratches remain. (One of the employees I know there said they actually never even took it in to the autobody shop.)

Is the written agreement legally binding?


texts:
GDPR states that a data subject have the right to get a copy of the data about the subject the data controller has collected, and in some cases deletion of said data. If I understand correctly, this also includes data that are collected with an ID set in a cookie, like Facebook Pixel does. Do Facebook Pixel have any way of getting the data of a single user through a userID, and also a function for deleting this data?
I know Google Analytics have a function for deleting the data of a userID, and was wondering if Facebook Pixel had a similar function.
If this doesn't exist, then I can't believe that Facebook Pixel is GDPR compliant.


texts: can i trademark an image someone posted online from their friend

texts:
I really like a drawing someone posted. It was an image someone's friend drew for them so she could put it on her car. she was just showing it off in an online forum. thx

If I cant trademark it, can I redraw something similar and trademark my own drawing?

I want to use the drawing as a logo/image for my business.


texts: Should I write my full name on license files?

texts:
I'm a software developer and currently working on some projects.

I want to protect them by adding LICENSE files inside the projects. This files will contain a simple line:

  (C) Copyright 2017 [NAME], all rights reserved.

It is common practice when developing software to add LICENSE files in your source code.

I am spanish, so I have a name, and 2 surnames.

My question is, should I write my name and my 2 surnames, or can I get away with just 1 surname?

I would like to use only my first surname, but I don't know if that would be as "safe" as using both.


texts: Is the law of unjust enrichment based on an 'absence of basis' or 'unjust factors' approach?

texts:
Many common-law practitioners should be familiar with the competing theories on how to conceptualise the law of unjust enrichment.

Is the law still confined to an 'unjust factors' approach as recently reiterated by Lord Sumption in Test Claimants in the FII Group Litigation v HMRC [2012] 2 AC 337 [162] (UKSC).

  It is necessary, as the law presently stands, to bring the facts within one of the categories of case in which the law recognises that the recipient's retention of the money would be unjust.

Or should the late Peter Birks approach of an 'absence of basis' being the foundation of an unjust enrichment claim be given more merit? (See his 2005 book, Unjust Enrichment.) The approach seems to be rather successful in other jurisdictions such as the German courts.

META: I do not feel this is a question of opinion per se. This is serious academic discussion on a developing area of law, which imho should be the primary focus of discussion on Law.SE, and not questions on substantive answers/legal solutions to specific problems.


texts: GDPR - Service storing other people's clients' emails

texts:
I am working on a service that allows people to import data regarding their sales within a particular platform.
This data is imported in an excel format (CSV) and contains all sales informations for a particular person or company.
It contains also all the different email addresses of their customers that I would then store in my database for statistic purposes regarding users.

Would this be violating the GDPR compliance?

Of course, I won't make use of any of those emais at all. They are just a way for my users to get relevant information for them such as "number of customers per month", "average purchases per customer" etc.

There's no other way I have to identify their customers than by storing their email. There's no such thing as a customer id.