texts: Is there any benefit in writing your local judges?

texts: People always say that you should write your local representatives if you want anything done.  Or perhaps you could write to the Governor.  Is there any point in writing to judges?  The real question being, do judges have any power to do anything based upon "casual" written requests of that sort?


texts: Do S-Corps and C-Corps both end their business names in "Corp"?

texts:
I plan on starting my second company as a corporation and filing as an S-Corp. Would my new business name still be

  Business Name Corporation

or is a different form used?


texts:
I would like to know if a U.S. citizen, especially for those living in California, can face criminal charges from local or state authorities if they contact ICE instead of the local police to report the whereabouts of an illegal immigrant(s).

For example, say that someone is at a gas station late at night pumping gas and a truck pulls in to a gas pump next to their car. As the truck's driver is pumping gas, the person hears voices coming from inside the truck. Now say that this person just happens to have the number for ICE on their smart phone and they immediately call it and report the truck model and its license plate number. The next day, the local news shows a story about how ICE had pulled over a truck which had a lot of illegal immigrants inside of it based on an anonymous tip.

Now, if an ICE agent being interviewed for this news story was to accidentally reveal the name of the person who had contacted ICE the night before, would that person face any criminal charges from local or state authorities for having contacted ICE instead of contacting the local police?

Can a U.S. citizen get into legal trouble if they tip off ICE as to the whereabouts of an illegal immigrant(s)?


texts: Proper jurisdiction for injunctive relief not involving a monetary claim in Boston

texts:
I am trying to figure out the proper venue for petitioning a civil injunction, a complicated problem in Boston. The pleading is for a mandatory injunction against the directors of a corporation located in Boston which does not involve any monetary claims.

There are two possible venues: the Central Division of the Boston Municipal Court and the Suffolk County Superior Court.

I have read conflicting information. On one hand I have read that the Superior Court only hears cases involving claims over $25,000, however, I have also read that the the municipal court's jurisdiction only extends to cases cases involving monetary claims, and if a tort does not involve monetary damages, and only injunctive relief and does not fall into a special category (family, probate, etc), then it has Superior Court jurisdiction. Any opinions which it should be?


texts:
Suppose Jack is a student at a public university with a student senate. Senators are paid by the university. The senate elects one of its members to be senate president, and the senate president is paid more than the rest of the senators.  At some point, Jack makes anti-LGBTQ comments in semi-private setting (e.g. group chat for a student organization).
Consider the following hypotheticals:
(1) Jack is running for student senate. Jack makes his comments before the election, and as a result loses.
(2) Jack makes the comments after being elected, as is recalled as a result.
(3)  After being elected to the senate, Jack makes the comments, then runs for senate president, but loses the bid to become president because of the comments.
(4) Jack makes the comments after being elected senate president, and the senators vote to remove him from the office as a result.
In (1), the university is not explicitly giving money on a basis favorable to people who don't express anti-LGBTQ views, but they are offering it in a manner that has a disparate impact on such people. In (4), people acting on the university's behalf are taking a paid position away based on expressing those views. For which of these hypotheticals are Jack's rights being violated?


texts: Can a website that passively promotes illegal activities be legally shutdown?

texts:
I've seen a couple of clearnet websites that have been around for years that, although not directly, do create and promote a type of community where most of its members sell and buy stuff such as stolen/cracked online accounts, stolen databases, hacking tools such as bruteforcers, blackhat methods, perhaps a user may offer services for social engineering or a service for doxing for someone's financial or SSN information.

So although the website itself claims to be "neutral" and have a ToS that states that it does not promote such activities, pretty much half the userbase does it anyway, and half of the threads on the forums relate to doing something illegal or selling something stolen like a cracked game account.

Can such a website can be legally shut down? If so, how and would it be difficult?


texts: Can you record a public school official with or without their consent?

texts:
Some states such as Massachusetts have 2 party consent laws which restrict secret recordings by only one party, therefore, you have to ask public school officials if they consent to being recorded. The issue is they usually say no. I was wondering if it was legal to record public officials doing their job as they are employees of the public school district, which in turn is part of the state DoE? If you can record police officers while they're doing their public duty, you should be able to record public school officials during private meetings inside their offices, right?

EDIT 7/20/18: While reading some case law, I came across this quote:

  “The filming of government officials engaged in their duties in a
  public place, including police officers performing their
  responsibilities, fits comfortably within [the] principles [of the
  First Amendment].” Glik, 655 F.3d at 82

Not sure why no one pointed this out, but does this not give the right to record any public official in a public place (i.e public property such as school grounds)?


texts: What is the likelihood that you would win a case of defamation if you cannot prove who sent it?

texts: For example, if I were to have a scorned friend who is seeking my demise and he/she calls my employer and calls me a rapist or accuses me of sexual harassment, would it be effective to sue? Even if these claims are false, even if my employer does not believe what is going on, let's assume I get fired because the firm does not want to take a risk either way. Additionally, let's say I know that my friend did this but I have no proof (they reached out to my employer pretending to be someone else, or they used a burner phone) and subpoenaing their ISP wouldn't do much good, do I have much of a case in suing them? Does circumstantial evidence count (i.e.: they have engaged in similar conduct with another person in the past)? Also, what kind of damages would I be looking for? Would this be a claim in small claims court? Also, suppose my salary is $100k


texts: Does the WTFPL legally disclaim warranties?

texts:
Say I make software and release it under the WTFPL. Then, someone uses it and it causes their computer to catch fire. I did not design my program to catch their computer on fire, and in fact it might be too simple to do so. Still, they bring me to court. Does using the WTFPL (or otherwise placing the product in the public domain) offer any protection? I ask this especially because it seems to often be used as a minimal license where it's not legal to release the product in the public domain, effectively placing it there.

My biggest reasoning is imagining pencils. The design of a pencil (graphite embedded in wood with rubber on top) is in the public domain.[citation needed] If my arm swings into the pointed tip of a pencil, I don't sue the person (or family of that person) who invented the pencil. If anything, I sue the person who sharpened it, who placed it there, or who manufactured that particular pencil.


texts: Where can I find lawyers' submissions to courts in the US?

texts:
I ask NOT about court opinions. Downloading or online reading is more convenient and favoured than physical copies.

Where can I read submissions to the court for both sides of a case, written by litigators?


texts: Could asking an author for a copy of their research article be illegal?

texts:
I've been following an interesting Twitter conversation which raised the idea that merely asking a researcher for a copy of a paper they've written could be against the law. From the linked tweet:

  you would be soliciting the violation of the law by requesting access to a copyrighted work

I guess the argument is the following: in the process of publication, authors typically transfer ownership of the copyright in their paper to the publishing journal. Sometimes the copyright transfer agreement specifies that the author retains the right to distribute copies of the paper, and sometimes it does not. If the agreement does not have this provision, it is being argued that asking the author for something they do not have the right to distribute could be contributory copyright infringement. Especially if you (the requesting third party) know - or believe - that the author doesn't have the right to redistribute the paper. It's worth noting here that most publishers put the standard copyright transfer agreement they ask authors to sign on their website, and authors are typically somewhat familiar with the standard agreements used by the journals they read and publish in.

This sounds rather crazy. I find it hard to believe that a simple informal request (which the author is free to deny, of course) could be against the law. Then again, that doesn't keep it from being true.

I'm sure it will take a court to definitively decide this issue, but I want to ask here, is it even plausible that making such a request would, in fact, be found to constitute contributory copyright infringement or some other violation of that nature? Or is there no realistic way it would happen? I'm especially interested in answers that can cite relevant references, statute or case law or whatever, that would likely influence the decision in a hypothetical case testing the issue. As far as I know this has never actually come up in a case, so there may not be much to cite, but if there is, it would be a very satisfying answer. This question is as much about supporting the answer as it is about getting one in the first place.


texts: Can a sitting U.S. Senator run against the other sitting U.S. Senator in a state?

texts: I'm wondering, could a sitting U.S. Senator run against the other sitting U.S. Senator in that state?


texts: UK Immigration - is it legal to work remotely from UK as a dependent of a spouse holding a Student Visa

texts: My wife and I are US citizens. My wife has been accepted to study abroad as an undergraduate for 1 school year (September'16 - May'17) in London, UK under PBS Tier 4 Student Visa. I intend to travel there with her. I will be her primary means of financial support while there. I'm a software engineer, so my work will be done entirely remotely online for a US based company involving only US bank accounts. As I understand it, I can apply as a dependant to travel to the UK with her. My question is this: will I be allowed to work remotely for a US company receiving payment to US only bank accounts while living in the UK as a dependant of a US exchange student? If not, under what provisions would this be doable?


texts: What are my rights if someone makes a false police report against me in Germany?

texts:
My landlord (also a business owner) in Germany where I live accused me with tons of different type of accusations because he hates me personally, and he called the police on me—at least, I think he did.  I don't know if it was an act to scare me.  I had a flight I had to catch at the same time, so I didn't stick around to see if the police will come.  I think he did this just because he knew I had a flight as well.
He accused me of at least 5-6 accusations without proof.
My question is: can anyone in Germany call the police on others without proof of anything? And if they do so, what are my rights?
The person I mentioned had 2 of his employees with him, but I am sure that they are on his side.  I had no witnesses with me, so how can I prove I am innocent if they agreed on making up a story against me?
Note: I was new to Germany back then (I was a student)


texts: Why are Florida prosecutors filing for manslaughter rather than murder in the case of Michael Drejka?

texts:
Florida prosecutors filed to charge Michael Drejka with manslaughter rather than murder in August 2018.

If convicted of manslaughter, Drejka can be sentenced to up to 30 years rather than receive life in prison for the shooting of Markeis McGlockton.

Why did this incident fall under the umbrella of manslaughter rather than murder? Why did the prosecutor opt for a lesser charge?


texts: What is the process if a debt collector is unable to identify someone?

texts:
What is the process if a debt collector is unable to identify an individual of which they have purchased debt on?
I am aware that many of these debt collectors often don't get much information to go on. They buy the debt (at a very low cost) and often very little information is included with that debt, perhaps just an email address, phone number and potentially an old address. This can sometimes make it very hard for these debt collectors to identify individuals. Which got me wondering what happens if they cannot actually identify someone?
Of course, the obvious answer is that they would eventually try and obtain a County Court Judgement against the individual. However, my understanding is that for a CCJ to be valid/acceptable they have to reasonably know that the individual is at the given address. If they're unable to contact that person via email, telephone, letters or otherwise. Can that qualify as "reasonably knowing" that the individual is at that address?


texts: "Affidavits" which aren't signed under penalty of perjury?

texts:
In Trump's lawsuit in Arizona:

A Trump campaign attorney conceded in court on Thursday morning that he tried to enter hundreds of dodgy form-filed affidavits into evidence, even though their own investigation found that a subset of the sworn statements that they received were filled with lies and “spam.”
... Trump campaign’s lawyer Kory Langhofer, who explained the automated process that reflected their post-election evidence hunt. It included an online form whose reliability Langhofer claimed was boosted by the fact that it included a CAPTCHA, which weeded out the bots. The attorneys then visited the complainants’ homes. The Trump campaign said it excluded the submissions of those who swore to lies, but they included the ones they could not prove were lying into evidence.

It would seem that Trump's lawyer did not print out the affidavits and then have each affiant sign it under penalty of perjury, because if he had done that then he wouldn't have needed to mention CAPTCHAs at all.  So were the things the lawyer was trying to submit really affidavits?  Were they intended to be some weird form of exhibit rather than testimony?  Hearsay admitted under a hearsay exception?


texts: How should contracts which have no Liability/Indemnification provisions be interpreted?

texts:
Normally, contracts have a Liability/Indemnification provision where the Parties agree what kind of liability applies in case of contractual breaches.
Also, it is very common to see disclaimers of liability for e.g. Indirect, Consequential, Incidental damages (and the list could go on).

I wonder how contracts that have no reference to Liability provisions should be interpreted? Does that mean that all types of liability are applicable?
Let's say under US and Central Europe jurisdictions.


texts: E-signing: legal ramifications of "identifying" a person

texts:
On several occasions I've found myself e-signing documents* (one such instance was consenting to a background check for a rental agreement). The companies that offer these services use questions to identify you, which ostensibly only you should be able to answer. In my experience, I've gotten two types of questions:

Questions about places I've lived, e.g. "in which of these cities is 6th ave?", or "in which of these cities have you lived?"
Questions about people I've known, e.g. "which of these people have you been acquainted with?"

The first question is usually unproblematic. The second one however, is why I'm here.

This question comes up almost every time I have to "sign" such a document and I'm not sure how they come up with the names, but when I'm lucky, they've misspelled the name of a person I know. Other times though, I've seen them butcher names of people so badly that I can only assume, of the four people listed, this one is the one "I should know"**.

When it gets that extreme though, I catch myself thinking, "technically I don't know any of the people in this list", and as such I'd be lying about knowing a person that (in the worst case) might actually exist. I'm caught in the dilemma of needing to get my document signed by "reading behind their algorithm" to intuit what they actually mean to ask and not getting my document signed because I really don't know anyone in the list***.

So can someone tell me, what would/could the legal ramifications of this lie of convenience be?

* I almost always have the option of signing some other way, e-signing is just more convenient in those situations.

** I've done this often enough that I know that this is the deciding question, whether they'll be able to "verify" my identity

*** I've always chosen not to lie :)


texts: Is it legal to lie to a US federal law enforcement officer?

texts:
If a law enforcement officer stops someone on the street and asks questions related to an investigation, the person is not under oath.  The person therefore presumably cannot be prosecuted for perjury.

Assuming the person decides to respond to the questions, is there any federal law requiring the responses to be truthful?  If so:

What law or laws apply?
Does the law supply a definition of "truth"?  Must it be "the whole truth and nothing but the truth," or is there a different standard?

One reason for this question is interest in the degree of inequality between an interrogating officer and the subject of the interrogation, in light of the fact that the officer is allowed to lie.


texts:
I am finding the answer by Dale M. to this question trying.

The German pop singer Nena (in much of the world a one-hit wonder but enduringly popular in German-speaking countries) gave birth to a son when she was 28. He died at the age of 11 months, remaining in a hospital until shortly before his death. I've read Nena's written account of the matter, that I think was about 30 pages long. When she was displeased with the way a doctor was treating her and her son, she informed him that she had decided to take him to a different hospital. If I decide to post something here on this page and someone disagrees with my decision to do so, that disagreement does not result in a lawsuit; rather I may disregard it and post here. Similarly no lawsuit occurred in Nena's situation; she told the hospital of her decision and carried it out.

None of the news media coverage that I saw ever once said explicitly that there was some legal impediment to Charlie Gard's parents doing just what Nena did. The answer to the linked question said there was a dispute and therefore a lawsuit. But any disagreement over whether I should post here doesn't result in a lawsuit, and Nena's decision didn't either. So we are left to surmise that at the very least either (1) the hospital or someone else unlawfully forcibly prevented the parents from taking their child to America or (2) the law forbade them to do it.

But that should not be left to surmise. Can someone explicitly confirm this? And if the second alternative is right, can someone say what that law says?

(The subject line "Charlie Gard" was not long enough for stackexchange's robots that regulate posting; the additional name is that of the German patient.)


texts: Software Development Contract and Inventions

texts:
The following is in a contract:

  For purposes hereof, the term “Inventions,” shall mean, without
  limitation, all software programs ... developed by Consultant, either
  alone or jointly with others, during the term of and connection with
  its consulting relationship.

I'm concerned that since this is a part time contract, and because I have other work going on, that this clause would allow the new contact to claim work not done while on the clock for them. If, for example, I have a side project that I develop while under this contact, and they want it for some reason.

They've mentioned that the "connection with its consulting relationship" means they cannot do that. Is that correct?


texts: Tenants access to perform repairs after vacating

texts:
Jurisdiction: Victoria, Australia
I had a tenant who recently, legally and voluntarily ended a tenancy and formally vacated (handed back the keys, etc). There are some relatively minor repairs that need doing due to damage they caused. All parties agree that there is damage, the tenants caused the damage and that repairs are required (to restore the property to entry condition, factoring in fair wear and tear, etc).
The tenant wants access to the property to conduct repairs himself for some items, and by his friends/associates for others. I am disinclined to allow this, because:

The repairs may not be completed to a professional standard
The work done would not be done at arm's length - responsibility of quality becomes blurred
I want nothing to do with the tenant because the relationship between us was strained due to reasons I won't go into here, but I will say I had both the moral and legal high-ground over the interactions that caused the tension

Am I required to allow him access?, or can I flatly deny access, get 3 quotes and take the costs out of the bond.


texts: Virginia employer terminated employee and wants signing bonus returned

texts:
A Virginia employee was terminated within 1 year of hiring because the on-site customer felt he was "too negative". Offer Letter:

Along with this offer, you are receiving a $10,000.00 signing bonus, which includes $3,000.00 to be paid directly to you in your first company paycheck and the remaining $7,000.00 to be paid to you at 30 days of employment with xxxxx. A 1−year commitment required or the bonus will be repaid in full to xxxxx.

Can the employer legally keep the employee's last check and send the employee a bill for the remainder ?


texts: Why doesn't the Second Amendment allow physically fit non-criminal adults to own militia (National Guard) arms?

texts:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

As mentioned in the title, that tells me in 2019 that someone who can squeak through Army Basic Combat Training (aka boot camp) must be allowed to own the small arms currently used by the military.

What am I misunderstanding?

(States with strict gun control laws should love this, because they could greatly raise the bar on gun ownership, while pointing to how well they're following it.)


texts: Can a landlord ask a tenant to sign an addendum to the lease that changes the terms of the first lease?

texts: If a landlord asks a tenant who signed a 12 month lease to sign an addendum after they have already moved in that changes the terms of the lease to move out within 3 months of the landlord's death, and receive $5,000 for the inconvenience of moving out, is the tenant obligated to sign this addendum?  Also, let's say that the addendum was originally referred to as the "garage lease" but became the addendum when it specified changes to the original lease.  The rental is hypothetically in Chicago, Illinois.


texts: Canada Permanent Residency: Express Entry and Ontario Nominee Programs

texts:
It is around 2 years that I have immigrated to Canada (Ontario). Currently I have a valid work permit until 2018 but I want to apply for permanent residency.

I got confused about different programs that are available to me. I have the master of science in computer science from a Canadian University and currently I am working in a good company as software developer.

I noticed that there are two main programs that I can apply for them: Express Entry and Ontario nominee program (OINP) and each program has a number of sub programs (confusing).

I am wondering which one I should apply considering the processing time, chance of success, and fees.


texts: What determines the order in which witnesses testify?

texts:
After day 5 of Floyd case, all of the witnesses thus far appear to be from the prosecution.
When does the defense call their witnesses?
What determines the order in which witnesses appear in court to testify?


texts:
Is there copyright on sporting results? For example Tour De France results have the rank/position of each cyclist, the cyclist's name, and the cyclist's finish time/result.

1, Thibaut Pinot, 3:17:21;
2, Nairo Quintana, 3:17:39;
3, Ryder Hesjedal, 3:18:02;
4, Alejandro Valverde, 3:18:59;
5, Chris Froome, 3:18:59;

This data is factual so can copyright be applied? This data is not original so can copyright be applied? There's an argument that finish times are an original work because they originated from the Tour's timing equipment. The counter argument is finish time could alternatively be sourced from mainstream media, social media, or from the cyclist themselves and so are not an original work.


texts: Is a video demonstrating a small portion of a movie sync fair use?

texts:
I want to make a YouTube video that talks about a movie synchronization (not that specific one). Could I reasonably assume that showing a very small portion of the synchronization would be counted as fair use?

Both the music and movie are copyrighted separately by different organizations. I do not have the copyright to either.


texts: Business legislation regarding selling homemade cosmetics

texts:
My business partner and I are looking to start a UK based hair product business which is 100% plant based and made from natural ingredients. Shampoo's, conditioners etc.

All products are created from home and all ingredients are known. Samples and prototypes have gone well.

We are now almost at the stage of wanting to sell these products to the world, for example, listing on a company website or on eBay or even getting them into local stores.

What is the legislation behind selling homemade cosmetic and beauty products?

The products being used on skin and hair which have the potential possibility of triggering allergic reactions, adverse side effects. What do we need before we start selling and is it against the law not to follow or is it just recommended guidelines?

We are a UK based so please bare that in mind when advising.

If this needs to go into another community, please advise.


texts: Court transcripts of U.S. trials about claims of voter fraud

texts:
When you argue with QAnon proponents online, a common claim is that none of the “evidence” for voter fraud has ever been tried in court, and that this is all just “fake news” made up by the “mainstream media”, which is controlled by the “deep state” and whatever. They demand actual court transcripts instead.
But court transcripts are rarely being referenced directly by the media, so it takes some digging to find them. For instance, after some work, I managed to find Law v. Whitmer in Nevada. The verdict itself is in document 20-44711.
Can someone provide me with more, similar court transcripts from the trials where the “evidence” of voter fraud has been debunked?


texts:
I have a question about a common problem ... I have a female friend who lives in Saudi Arabia and her ex-boyfriend who lives in Germany blackmailed her with her own private pictures, that if she does not send him money , he is going to post her pictures all over the Internet .... She got to know him with PUBG and started to talk at Instagram with him so he blackmail her from a fake account 20 days ago I live in Germany too and I wonder what she can do so that she saves her from him and what can I do as someone who lives in Germany too.
Please help she is dying right now.
and thank you so much


texts: Can an invoice factoring company operate abroad?

texts:
Premise:

Invoice factoring is a transaction in which a factor (or factoring company) purchases invoices from a business.
The transaction involved is literally purchasing receivables and, for accounting purposes, the payables are classified as trade debt and not financial debt.

Invoice factoring (and other variations of this scheme such as supply chain finance) is used as a form of financing for suppliers to get cash in advance and for buyers to get better payment terms.

Understandably, in many countries factoring companies would be required some financial service license in order to operate business. For instance, in Singapore they would need a moneylender's license unless they are already in possess of a banking license.

Question:

In general, would a firm need some license to factor international invoices?
Sure it's a form of financing, but the operation involved is literally purchasing invoices...

Would the factor need some financial service license in the country where the invoice is issued to? Or maybe some import/trade license in the country where the invoice is issued to? Or... ?

To make it all more clear, think of this example:

I am a factor based in Singapore, and I am purchasing invoices issued by a supplier in Thailand to a buyer in Indonesia.

If all these countries have annoyingly stringent regulations, I'm guessing I might need some business license (maybe for import/export) in Thailand, and some moneylending license in Indonesia. But do I need any license at all? I'm "just" taking over a pre-existing trade, and the physical goods have already been shipped.


texts: How are programming books written if language names are trademarked?

texts:
For example, you might want to talk about Java, but Java and its mother company Oracle are trademark names. Or you want to mention the Spring framework which is a registered trademark. Or mentioning Microsoft, Google, Twitter, Facebook as technology companies.

How do trademark laws apply when one wants to write a programming book and needs to use these names of languages, frameworks, or companies inside the book, all trademarks.


texts:
We are working on a medical app for children.  (Of course parents will access the application.)

Is it lawful to store children's health records on a webserver?

My client says it's illegal; that we should always store the data on a remote local server to protect the minor's protected information.

Is this the case?


texts: how can I get my $1000 deposit back for goods I bought in USA and vendor decided not to complete and sold elsewhere

texts:
I bought a small plane from E bay ($8000 USD) and paid $1000 via paypal, I went to see the item in The USA at a csot of about $3000!! Both Parties signed a contract agreeing that I would pay remainder when it was packed.
About 6 weeks later vendor said he had sold it elsewhere and now is refusing to refund my deposit. Paypal says it is not covered by there paypal scheme as it was listed under vehicles . I used my credit card top pay paypal.any suggestions what I can do


texts: Where would Boulton v Jones (1857) fall, under the minority decision in Shogun Finance Ltd v Hudson (2002)?

texts:
Where would Boulton v Jones (1857) 2 H & N 564 fit in the red branch or columns, under the Minority's decision?
The author mentioned it on the left in green, but not on the right in red.

Unquestionably not Column 3, because Boulton wasn't dealing face to face.

Prof Richard Taylor, Damian Taylor. Contract Law Directions (6 edn, 2019). p. 217

  Written contracts

  The courts take a different approach in relation to written contracts. In Boulton v Jones (1857)
  Jones posted a written order for a hosepipe to Brocklehurst (with whom he had a set-off arrangement
  and who would not therefore require payment), but, unknown to Jones, Brocklehurst
  had just transferred his business to Boulton, his former foreman.
  The court held that there was no contract between Boulton and Jones because Boulton must
  have known that Jones only wanted to contract with Brocklehurst, the person to whom he sent
  his order and with whom he had the set-off [I don't replicate book's definition.] arrangement.

p. 218

  This case can be seen as an application of the objective approach to offer and acceptance: a
  reasonable person in Boulton’s shoes would have realized that the offer was addressed to
  Brocklehurst and not to himself, and it is clear that one cannot accept an offer if it is addressed
  to another. This is the basis on which the case was dismissed. Pollock CB said: ‘if you propose
  to make a contract with A, then B cannot substitute himself for A without your consent.’

p 222.


texts: Is the Signal App, although recommended by the EU for internal use, in violation of GDPR?

texts:
There are articles commenting that the European Commission has recently told its staff to switch to the encrypted Signal messaging app. When I look into Signal's privacy policy, as linked from their app, I find several points which don't fulfill GDPR in my understanding (just listing the most obvious):

Their webpage is available in several languages of EU countries (e.g. German) and they offer a service (for free), so they have to fulfill GDPR
They store the user's phone number (and optionally more), so they process private information, but they don't name an EU representative located in the EU
They don't tell the user the rights like deleting data, making requests and so on.

So do I miss something or is Signal in violation of GDPR?


texts: Accidental infringement of 3rd party IPR

texts:
Need some help with a peculiar problem Google is unable to help me with.
I’m about to enter into a contract as a Software Consultant with a product company to help them with their product development. I would be required to actively code with their team. However I’ve been facing a hard time negotiating one particular clause that deals with third party IPR infringement. Here is the specific question on which I’m unable to find any literature.
When faced with a specific task, I usually spend some time looking for an implementation which can be used after acquiring the appropriate rights of use. However if I don’t find an implementation within a specific duration, then I end up having to write an implementation from scratch using a common programming language such as Python. If I write custom code for a specific functionality, and that ends up being very similar to a third party implementation, and I’m unaware of any such overlap, then does this constitute as an infringement of their IPR?
And if a third party ends up raising a concern around infringement, am I liable for the damages sought by them? Or can I claim that the piece of software is absolutely original since I wrote it myself from scratch?
Any tips are welcome!


texts: Firearm restriction while open carrying in Florida

texts:
A person is going fishing out into the Everglades. They make the decision to open carry a firearm.

Are there any restrictions as to the type (Shotguns, Rifles, Pistols, etc) of firearms a person can open carry?


texts: How strictly is "competition" interpreted in a NDA?

texts:
My previous company specialized in affiliate marketing and produced a comparison website for a certain market (let's say cars). I left the company 4 months ago and would like to setup my own affiliate comparison site in a related but different market (alloy wheels for instance). I signed an NDA when I started my previous job, which stated I could not create anything that is classed as direct competition within 6 months of leaving the company.

The site I have produced is all my own custom code, and is no way a copy of what my previous employer had.

My previous employee has contacted his solicitor stating that I have breached my NDA, and is going to take legal action. The employer has also stated that they now own the website I have created as it is based on knowledge I gained from working at my previous employment.

Is what I have done really direct competition? Is there anything I can do about it?


texts: What is the relation between Trademarks and Domains?

texts:
For what I have read here, I understood that if I buy a domain of an already registered trademark (in which country, by the way?), I might have a problem at hands.

But it is not clear to me what happens if I register a domain when no trademark exists, but then someone registers the trademark (and where?).

Can that person sue me and take out the domain, which I bought before she acquired the trademark?

Here I quote some of the text from the link above as reference:

  Warning. Warning. Possible trademark infringement

  Here’s how it works: Mandated by ICANN for all new gTLDs, the
  Trademark Claims service warns trademark holders AND domain name
  registrants (people who register domain names) of possible trademark
  infringements. First, the service sends a potential domain name
  registrant a warning notice when they attempt to register a domain
  name that matches a trademarked word or phrase in the TMCH. Then, if
  the registrant continues to register the domain name after receiving
  and accepting the notice, the service sends a notification of the
  registration to the trademark holder.

  As реr ICANN ruleѕ, the registrar (like GoDaddy) must notify customers
  who pre-registered or registered a domain with a trademark claim
  against it. The customer must acknowlеdgе the claim аgainst their
  domain in order for us to proceed with the registration of the domain
  at the registry. The way we notify customers about trademark claims,
  and how they acknowledge them, depends on whether they registered
  during Pre-Registration, Early Access or General Availability.


texts: Do I sue the insurance company or the insured contractor for home damage?

texts:
I have an investment mobile home built in 1972 which I paid $2,000 for sitting on an empty storage lot next to boats, vehicles and other trailers. I spent the summer remodeling it at a cost of $8600. I am a licensed and insured general contractor. 4 weeks ago a tree pruning contractor fell a big one right in the middle of it, cutting it half and totaling it as well as totaling several other's vehicles, trailers and boats. This contractor was insured. However, his insurance company is insisting on ACV (Actual Cash Value) for the trailer only not including any renovations, to a total estimate of: $2800 (estimated via NADA in "Excellent" condition)

They won't negotiate. Who do I sue in small claims court for the depreciated value of the renovations? The contractor or his insurance company?

State: Montana


texts: Natural status of flavors produced via fermentation but using GM organisms

texts:
If a flavor ingredient (e.g. vanillin) was produced via a natural fermentation process, starting from a natural substrate (e.g. sugar) I know that it can be labelled as "natural" (at least in the US and EU).
Now my question is, suppose one were to use a recombinant organism for this fermentation, would the product vanillin be regarded as natural?
Alternatively, suppose only an enzymatic treatment of the substrate sugar was involved, however the enzyme itself was produced by a recombinant organism would this impact the natural status of the product vanillin?
A related question: If a product is made using a GM enzyme does that automatically make the product a GMO? (note the substrate is NOT a GMO in this case. Only the enzyme is.)


texts: At an unlawful traffic stop, police searches the car and find the weapon used in a recent murder

texts:
Say that a murder was committed. Some time after, without any justifiable reason (perhaps on a hunch, or just by coincidence), a police officer stops a car, unlawfully searches it and stumbles upon the weapon used in the recent murder.
What would happen in this case? Is the murder weapon inadmissible? If so, what would happen to the driver, who was most likely the murderer? Can the police arrest him, and investigate him with the hope of finding other evidence that would be enough to sentence him for the murder, despite the inadmissibility of the actual weapon? Or is the murderer in practice immune from being charged for this case, since the weapon cannot be tied to him?
If the weapon is considered inadmissible, is it returned to the suspect? If yes, would it also be returned even if it is of a type that the suspect is not legally allowed to own?
Is the weapon permanently inadmissible for all future, or could it be used in a later court proceeding?


texts: Why did the US Supreme Court hear this case?

texts:
An op-ed entitled A Major Church-State Ruling That Shouldn't Have Happened claims that

  In Trinity v. Comer, there was no remaining dispute between the actual parties

As I understand it, courts have no power to seek out cases or issues to rule on.  A party with standing must bring the case to the court.  (I've usually heard this in response to rhetoric about "activist judges.")  So either my understanding has been wrong, or there's more to the story of Trinity v. Comer.

If there was no remaining dispute, why did SCOTUS hear this case?


texts: How do overpaid repayments work from employee to employer in regards to taxes?

texts: I get paid hourly 20 dollars an hour. In 1 week I earned roughly $1025.00. However for some reason my company paid be twice in one week so I saw 1025.00*2 hit my bank. This obviously was in error and I want to pay them back; BUT a significant portion of the over-payment pay was taxed. It took roughly ~200.00 from the second payment made to me. So my question is; I should only be obligated to pay back the net over-payment not the actual 1025.00 correct? I never actually received 1025.00 in my bank, I received roughly ~800.00 of the over-payment of 1025.00. So isn't it fair that I only pay back the 800.00?


texts: What happens if OCI (Overseas Citizenship of India) is not renewed?

texts:
I am reading conflicting information.

1) OCI is lifelong. YET-

2) OCI is needed to be renewed each time passport is renewed before 21. YET-

3) OCI card holder can travel to India with OCI on old passport without renewing it. enter link description here

Now, if someone under 21 is living in India, who has OCI on old foreign passport, in India gets foreign passport renewed, but does not renew OCI, is that person's stay in India legal or not ?


texts: UK second hand car - should catalytic converter be covered under Sale of Goods Act?

texts:
I recently bought a second hand car from a fairly small dealership. Within 60 miles of driving the engine management light came on. I took it back and they diagnosed the problem as being the catalytic converter and said this wasn't covered by the warranty as it is classified as "wear and tear".

They cleared the fault code and gave the car back to me, and said to bring it back again if the warning light comes back on. Again, after about 60 miles driving the light has come back on, so I need to take it back again.

I'm certain that they knew about this fault before I bought the car - it's too much of a coincidence that it happened just after I bought the car. I think it should be covered by the 1979 Sale of Goods Act because any reasonable person would come to the conclusion that the fault was there before I bought the vehicle, but the dealer obviously disagrees.

Am I covered by the Sale of Goods Act? Or should I just give in and get it repaired myself? I don't want to start mentioning legal stuff like this to them if I don't have a leg to stand on.


texts:
If all the paperwork to purchase a certified pre-owned car in TX is negotiated, signed & dated by the buyer and dealership.

However, the buyer was not given physical possession of the vehicle until over a week later; this being caused by the dealer and not the buyer.

Then the buyer decides 24 hours after gaining possession, that they want to return the vehicle under the “3 day return with no penalty” laws.

Does the date the paperwork was signed apply as to when the 3 days begins, or does the date the buyer was actually given possession by the dealer apply as the date the 3 days begins?

I haven’t been able to locate any references to the specific legal distinction in any sources yet, so any references, sources and non-legal advice is all appreciated!


texts: Will a US bank share any detail about immigration status of a customer?

texts:
I know undocumented immigrants can open a US bank account legally and that would come with some benefits for them such as having a credit score (useful for buying properties, for instance) and a history of their presence in the US.

Both are signs of good moral character if the immigrants get to immigration court and that could mean they don't get deported.

The question is: will opening a US bank account be a tangible risk for the undocumented immigrant? Will the person be caught just because of the bank account? (supposedly, the immigrant hasn't committed any crime)


texts: Is it legal to publish email that someone sent to me?

texts:
I'm not asking whether it is ethical - that would be a totally different question.

I'm asking whether it is legal?

In my book - in my way how I interpret consensual reality - once I press SEND button it is transmitted via email client, via email server, via internet, to a destination email server....  On the way there are so many entities that can intercept the traffic that I effectively consider all my communication public.

Event when using GPG / PGP:

I don't trust myself (I'm yet to learn reliable way of generating private key)
I don't trust my device (see what they did to Snowden's laptop)
I don't trust the recipient (they can publish it online)

I'm thinking about implementing a buffer system:

email is received
automated reply: "we consider your email public, 7 days to opt-out"
sender has an option to opt-out, ignore, or edit the email (to remove non-public bits of information)
after 7 days with no action it defaults to be public

Would that system make it any more legal?

UPDATE: I'm still thinking about designing email system. Maybe best of two worlds:

one public that goes directly to email group
one private, that strongly suggest all messages to be encrypted
(general philosophy - full transparency, everything in public - without infringing anyone's right and playing by the cultural norms accepted by society)
THINK: email password resets are not compatible with public email inbox?


texts: If I don't live in a school zone, I shouldn't have to pay for that school's property taxes, correct?

texts:
My wife and I bought a house this year. We live just outside of my cities municipal school zone. We don't have any kids so we didn't think much of looking into the school zone maps when we moved.

However, this election we had a ballot measure about the school getting a very large bond. To pay for it, they announced they would raise the levy for schools on property.

My wife and I didn't like the reasons for why they wanted the bond so we were eager to vote no. However, we didn't see the measure on our choices when we voted.

We later looked up the school zone map and found we were just outside of it. From that, we concluded that we must not have been able to vote on the matter because we don't live in the zone. One would then reasonably believe that we don't pay specific property taxes that go towards the school district.. wrong answer.

We got a property tax assessment in the mail today from our county clerk. There is a line item specifically showing the amount that we pay that goes towards the school district. Not only are we paying for the local school, but we didn't get to vote on it while others did. Obviously the bond passed as pretty much all of them do. So now we have to pay more in taxes.

Am I missing something or is this the very definition of taxation without representation?


texts: How do I license a font I created to sell

texts:
I just recently created a font using the Fontself plugin for Illustrator and I want to figure out how to protect my font with a license and distribute it.
The problem is that everything I've found online is for the user and how to purchase a font license, not license a font FOR purchase/distribution.


texts: Reasonable to assume mobile application trademark protection will allow for robust competition?

texts: The USPTO 009 International Class category for trademarks, which covers "recorded and downloadable media, computer software", is where every mobile application seeking trademark protection will at the least register. I hope the USPTO realizes how giant this sector already is and how much more it will grow and allow for robust competition. There are literally millions of apps in circulation with millions more to come. Conversely, there are definitely not millions of chemical companies, for example. Is this a safe assumption given the history of how it treated other similar sectors? For example, if a personal finance app can successfully claim a trademark on "pineapple" (in IC-009), is it safe to assume the USPTO would allow a children's game app to claim the same trademark in IC-009 also?


texts: Are there any cases where the witness has answered the cross-examiner to highlight what he is attempting,and what are the potential consequences

texts: Often a cross-examiner will make suggestions that are almost certainly not believed by the cross-examiner himself. I am sure that there have been belligerent witnesses who have thrown abuse, but have there been/is it common for people to answer along the lines of 'as you well know, no',  or even to call the lawyer unethical/ evil  for persuing that course of action to his face. Also, is there any study/experience that suggests whether this would be positively or negatively received by the jury and or judge.


texts: Are the people who sell pre-owned copyrighted media on sites such as Amazon breaking a law?

texts:
Say you buy a pre-owned (second-hand) copy of a movie on a website like, say, Amazon.

AFAIK, no one who made the film or distributed it will ever see the color of your money, therefore, the prejudice and losses are comparable, if not worse (because they are a much larger scale system) to piracy.
But Amazon, on the other hand, will make a profit.

Now, when you bought it brand new, there might even have been a message telling you to not resell it on the box or as a roll-up before the film. I understand that you shouldn't be able to resell, and that the user who would buy it would have to buy it new, which would make the distributors and the rights holders make profit (not sure what you should do with your copy though, trash it?).

And yet thousands of dollars (probably more) are made everyday by people and by amazon through the sale of second hand media (also books, audio tapes, etc).
(And sometimes second-hand media sells for as little as 1 cent of a dollar on sites like these, which makes its price value even smaller for the sellers and the website, and the price difference for the buyer versus "buying new" impossible to fight.)

Yet, no one talks about this when people mention online piracy and circulation of copyrighted media that doesn't profit the copyright holders.

So, is there an understanding between Amazon and copyright holders that no one is aware of?
Are second-hand physical goods not concerned by copyright laws?
Is it impossible to enforce, and on what grounds? (every transaction has been recorded on a server and includes people's addresses, etc).
Or is Amazon (and the likes, such as eBay, etc) such a giant and powerful company, that big media companies find it easier to target piracy websites "first" than these kinds of distribution websites?


texts:
We are currently using google analytics to track our site.

The issue we now have with GDPR is we don't have a clear picture of our entrance pages. Our landing page data is messed up badly because the tracking cookies have to be blocked initially until the consent is given. In our case it's a soft opt-in on continual use.

So I was wondering. Can I add some in house code directly on the server to record landing page hits. only recording say the page name & time. Maybe even a couple of element clicks.

This way no cookies are used and there is 0 chance of identifiable relational data being used other than reading the php session. Which doesn't count as UI.

And more importantly I don't need consent and can start getting the data I need right off the bat?


texts: What prevents someone from claiming to be the murderer in order to get the real murderer off?

texts:
Say someone is on trial for a murder they committed. During the trial, one of the witnesses, a friend of the defendant, admits that it was actually they who were the killer. It seems that this would be enough to create reasonable doubt and get an acquittal, or even possibly have the state drop the charges because they now believe that they should be charging this other person.

After the trial ends, the friend presents irrefutable proof that they weren't actually the murderer. Of course, this friend could be charged with perjury, obstruction, etc... but the original defendant can't be re-tried for the murder because of double jeopardy, and their friend can't be tried (or won't be found guilty) because of the evidence that he didn't do it.

Is there a flaw in this system? Something that prevents someone from actually doing this?

Related: Can someone get protection under Double Jeopardy for a crime by arranging to be put on trial with fake evidence that is then disproven?

Side-note; something just like this happened in an episode of Law and Order; though I had been wondering about this long before seeing that.


texts: Can my landlord require me to agree to third-party terms of service if they install a smart lock on my door during my lease?

texts:
I am in the middle of my current fixed-term lease and have always had a mechanical key-based lock on my apartment door. My landlord has announced that the doors of all apartments will shortly be converted to electronic "smart locks". The smart-lock maker's website says that any use of their product constitutes agreement to their terms of service.
Is the landlord allowed to install this new type of lock? How does responsibility divide among myself, the landlord, and the smart-lock maker? My concerns are:

Smart locks raise new reliability, security, and privacy risks versus mechanical locks. When I agreed to rent the apartment, mechanical locks were in use and no indication was given that they would be replaced. See this article on tenants who have objected to installation of smart locks.

When the smart lock is installed, I will have no choice but to use it in order to access my apartment for the remainder of my lease. It seems unfair for me to be bound by the smart-lock maker's terms of service when my use of their product is non-consensual. If the terms of service are viewed as a contract, I see a few possible arguments:
A. There is no meeting of the minds because I have no desire to use their product.
B. The obligations imposed on me (and limitations on their liability) in the terms of service are void for lack of consideration because the ability to access my apartment, which the lock provides, is something I am already entitled to by my lease, i.e., it is being used to fulfill an existing obligation of the landlord.
C. The landlord cannot require me to take on additional obligations to a third party in order to continue the enjoyment of the apartment promised by my already-signed lease, so the landlord must indemnify me from any such obligations.

What are my rights and how can I assert them? If I cannot prevent the smart-lock installation, can I somehow establish that I am not bound by the terms of service despite what the smart-lock maker's website says? Would I simply wait until such time (if ever) that I have a dispute with the smart-lock maker, and then use my non-consent to argue that the terms neither protect them nor bind me? How strong would that argument be, and what if anything should I do now to document that non-consent?


texts: How does the exclusive right to public display apply, e.g., to t-shirts?

texts:
17 USC §106(5) says that the copyright holder of work holds the exclusive right to display the work publicly:

  (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly

Yet I publicly wear shirts with copyrighted designs all the time, on clothing I legally purchased from the copyright holder.

Is this a prima facie case of infringement defensible via fair use?
Or is it allowed by some other legal mechanism?
Or is it flatly illegal and merely a terrible business idea to litigate?

I understand the first sale doctrine of §109 allows the owner of a copy to distribute their own copy, but it doesn't seem to allow display.

To add a few other examples beyond a t-shirt, what about displaying sculptures or other works of art in my yard? If I wanted to publicly display the entire text of a short story in my yard, would that be different (perhaps due to the "nature of the work" fair use factor)?


texts: Can I claim asylum after I land in New Zealand with visit visa?

texts:
I'm having the following situation:

My home country has been in civil unrest for about 7 years, you may guess the name.. And because of my age I am under the risk of being immediately take into forced military service upon my return. I am also known to the community around me of having my own opinions and thoughts about the authorities, some of my family members were killed/taken away because of that. Everyone who speak has a mark on his name to be 'dealt with' later (when I return to my home). Not to mention I lost my home there and have no assets or anything.

The country I'm living in currently does not grant citizenship or permanent residency. I have to keep working to keep my residency visa through the sponsor. The sponsor will not keep you under his sponsorship for free or for not working for him. Currently the economy is failing badly and non-citizens are getting life harder. And if I leave my current job I'll not get another one, means sponsor will force me to leave him which cannot happen without another work, so it will end up for me to be deported by the request of the sponsor since I cannot work for him anymore or cannot find another sponsor because I was unable to find a new job... TLDR: no social/economic security or future in the current country I'm in right now...

For the future of my family I have to leave and I am looking at New Zealand. I need a visa to be able to travel there... So my question is if I get a visit visa for me and my family and once we land in the airport we claim asylum, is my case going to be accepted? or I'll be deported back to the country I came from (to either my home or the second country)...?

Thanks


texts:
Say I would like to sell hand framed art prints, for decorations, on e.g. ebay.
I have some example posters and so on, mainly modern art works from various modern art gallery's, often in the form of posters I have mocked up myself, with added text. It won't be recent works, mainly things like Picasso or David Hockney.
What is the copyright situation? Do I need to pay someone if a customer buys a print?


texts: In Indonesia, has insurance company ever win defamation suit?

texts:
Many insurance company are pretty scammy. When customers get burned they simply blame the agents. That happens even though they know what their agents are doing.

Are there any insurance company that successfully sue customers crying fraud in public.


texts:
I'm planning to move to NY soon into an apartment or Airbnb I'll be renting. My understanding of the NY travel restrictions is:

I need to get a PCR test at least 3 days before entering, and have the results negative.

I need to self-quarantine for at least 3 days after entering NY.

My main question is: can I move directly into an apartment or Airbnb and quarantine myself there, assuming the living space is not shared with anyone? Or will I have to stay 3 nights in a hotel anyway?


texts: Can residences be repossessed as with other real property?

texts:
Real property seems to have peculiar legal customs.  For example, if somebody has leased property like a vehicle and defaults on their lease the most expeditious way for the true owner to recover the property seems to be repossession, which is essentially physical recovery by "reasonable" force.

But when it comes to a living space the old saying, "Possession is nine-tenths of the law," seems almost literally applicable:  To my knowledge, in the United States at least, there are state and local laws that make it extremely cumbersome for a property owner to evict a tenant in default (and thereby recover the use of their rightful property).  Is this accurate?  Or are there conditions or methods whereby a property owner can legally use private force (i.e., not the force of agents of the state) and occupation to repossess living spaces being held by "squatters?"

Amendment: If someone trespasses on my property I can not only arrest them myself, but I can also immediately summon police and ask for their arrest and criminal prosecution.  At what point does trespass become "squatting?"  (I presume that the difference between "squatters" and "non-paying tenants" is the fact that the latter party can show that at some point they had legal rights to the residence?)


texts: What is the meaning of this condition for who the act applies to?

texts:
In the BC residential tenancy act, it states

  This Act does not apply to... living accommodation in which the tenant
  shares bathroom or kitchen facilities with the owner of that
  accommodation

So if the owner of the house rents it out, but also lives in it, the tenants are no longer protected by the act? Does I understand this correctly? This seems a bit unfair, I've seen houses before where the landlord lives in a shared house and uses the same kitchen as the other tenants do.

Also does

  Living accommodation owned or operated by an educational institution
  and provided by that institution to its students or employees

Mean that students living on a university campus aren't protected by the act?


texts: Derivatives of Unauthorized Derivatives & Copyright

texts:
Imagine 3 parties: A, B & C.

Party A owns all rights to image X. Image X is not in the public domain, and no explicit licenses for use to the other parties have been granted.

Party B adds some minor annotations to image X, and calls it image Y (whether or not the annotations are original enough to constitute a derivative work is unclear).

Party C then removes the annotations from image Y (so it is again visually similar to image X) and uses it (let's call it Image Z)

Party B now takes offence and claims copyright infringement against party C for image X/Y.
Does party B have a reasonable case for Cease & Desist against Party C in the following scenarios:

Image Y does not contain annotations original enough to constitute a derivative work
Image Y does contain annotations original enough to constitute a derivative work (bearing in mind that image Z contains none of the additional material in image Y)

Party A obviously have grounds to issue a C&D to both parties - but whether or not Party B have any such rights is unclear to me.
Edit - Follow Up Question
If instead Party B's work (Image Y) was an authorized derivative of A's work (Image X) - would Party B have the right to legally issue a C&D to Party C (still assuming C removed B's changes), or would it still have to come from Party A?


texts: Is using proxies to circumvent rate limit to scrape data legal?

texts:
Im under the Indian jurisprudence and this is what the Indian Information Act of 2000/66F says on the matter,

Indian Information Act 2000/66F

Punishment for cyber terrorism.– Whoever,– with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people by–

(i) denying or cause the denial of access to any person authorised to access computer resource; or

(ii) attempting to penetrate or access a computer resource without authorisation or exceeding authorised access; or

(iii) introducing or causing to introduce any computer contaminant,

Since the administrator of the API has authorised only a certain number of API calls for a network, can it be construed as a violation of 66F clause 2 if we try to circumvent the rate limit even though the information is on public domain?


texts: Where can one check that the agreement made and sent to any client by a stock broker genuine and legal?


texts: What does "this software is licensed, not sold" really mean?

texts:
When paying for software, the EULA often contains the clause "This software is licensed, not sold." I'm confused on what this clause actually means regarding one's ownership of the software. I have heard two possible interpretations of this clause:

You own the copy of software that you paid for but you don't own the copyright to it. This is the same kind of ownership you have over a book you buy at the book store. Among other things, the first sale doctrine would apply to your copy of the software. However, you can't produce new copies and sell them as you don't own the copyright. This is the interpretation expressed at 10:30 into this video.
You don't even own the copy of software you paid for. You are being granted limited, controlled permission to use this software. As you don't have ownership rights over it, among other things, the first sale doctrine would not apply. This interpretation is expressed in this post on the site.

Which interpretation is valid?


texts:
A while back (It looks like 2012ish), I think before MakerBot bought Thingiverse, Thingiverse changed their Terms of Service/Use (ToS/ToU) and The Internets were up in arms about it, claiming that the owners wanted to steal the work from creators.  It went so far that people were posting text explanations protesting in their projects in an attempt to raise awareness of the change.

This link attempts to address the phenomenon, and is written by one of Thingiverse's lawyers.  Their current ToS have the legalese on one aside, and an attempt at plain English on the right (A great idea).

I'm not a lawyer, nor do I really have access to one.  I would like to design and post things to share, much in the same manner as Thingiverse.  I believe GrabCAD makes a point of saying that they will not try to steal or take your work from you in clear text when you sign up, as if it were a feature.

What can Thingiverse do with my Things according to their Terms?  Am I potentially signing away something I would probably regret if I decided to try to monetize on something later?


texts: What exactly is a "title of nobility" under the US Constitution?

texts: Article 1, sections 9 & 10 of the US constitution prohibit granting titles of nobility by the federal government or the states. What exactly is a title of nobility for these purposes? Why is (say) the title of "Kentucky Colonel" not considered a title of nobility as opposed to some theoretical knighthood that could be granted by the state of Kentucky?


texts: Is using Twitch-broadcasts solely for research fair use?

texts:
For my bachelor thesis, I need to download ~10Tb of data from Twitch via Twitchleecher. I would like to use it for Deep-learning (emotion recognition), which means processing the data and deleting it afterward. I don't plan on publishing the trained network itself, making any profit off it or mentioning their name (should I mention them?).

I asked the programmer of TwitchLeecher before and he advised me to abandon the project or get a good lawyer/ ask every streamer and Twitch for permission. I've tried asking a couple of the streamers and Twitch and got no answer at all (which was to be expected I guess and will probably not change).

Is this fair use and is there a feasible way to make sure I don't get in legal trouble for this?


texts: May I show a printed circuit board of a device on the internet?

texts: Do I need a permission to show pictures of a printed circuit board of a device (consumer electronics) on my personal blog? I would like to show how certain modifications to the product can be made. I took some pictures during the process. Does sharing these pictures infringe any IP rights?


texts: Trouble understanding a paragraph within a French contract

texts:
I cannot understand the last paragraph of an article in a reservation contract to acquire our main residence.
The context: We advance 1% of the sum to "book" the Appartement we wish to buy while we try to find a loan.
Anyhow, the contract is in french.
Here's the complete article (Article 6):

Le Réservataire déclare dans les conditions particulières le mode de financement du prix de son acquisition.
Dans l'hypothèse où le Réservataire ferait appel à des prêts
bancaires, conformément aux disposition des articles L312-1 et suivant
le code de la construction relative à l'information et à la protection
de l'emprunteur dans le domaine immobilier. les présentes seront
soumises à la condition suspensive de l'obtention par le Réservataire,
au plus tard dans le délai stipulé aux conditions particulières, d'une
offre de prêt dont les caractéristiques principales sont énoncées
auxdites conditions particulières.
Le Réservataire s'oblige à déposer auprès du ou des organismes
prêteurs une demande de prêt avec pièces nécessaires à la date
figurant eu paragraphe B des conditions particulière du présent
contrat, soit dans les trente (30) jours de la présente signature. Le
réservataire s'oblige également à poursuivre les démarches nécessaires
à la bonne fin de cette demande, et à en justifier au réservant à sa
première demande.
Cette justification sera apportée, soit par une copie du récépissé qui
lui sera délivré par la banque, soit par l'accusé de réception en cas
d'envoi par lettre recommandée.
Le Réservataire s'oblige à notifier au Réservent la décision (des ou)
de l'organisme prêteur par lettre recommandée adressée eu plus tard
dans un délai de huit (8) jours de ladite décision.
Si un refus de prêt lui est notifié, le Réservataire s'engage à
déposer une nouvel et même demande de prêt, dans les 8 jours suivant
cette notification auprès de l'interlocuteur du RESERVANT chez le
courtier «Meilleurtaux.com » et de répandre avec diligence à toutes
les demandes d'informations ou de fourniture de documents qui lui
serait faite ce qu'accepte expressément le RESERVATAIRE.
En cas de refus de prêt, la notification devra, pour entrainer la mise
en jeu de la condition suspensive, être accompagnée de(s) la
demande(s) de prêt dans les conditions ci-dessous et du(es) refus
justifié(s) de(s) l'organisme préteur(s).
A défaut de production par le Réservataire des justificatifs
ci-dessous, les présentes seront, en conséquence et si bon semble au
Réservant, caduques et le dépôt de garantie demeurera acquis au
Réservant.
Le Réservataire déclare qu'il n'envisage pas de solliciter d'autres
prêts que celui ou ceux indiqués pour financer son acquisition.

And this last part I cannot understand :

Il reconnait avoir été informé qu'en conséquence il ne saurait se
préveloir du bénéfice des dispositions de l'article L312-1 et suivant
du code de la consommation, en cas de non obtention d'un crédit autre
que celui ou ceux qu'il aura mentionnés, notamment pour obtenir la
restitution du dépôt de garantie stipulé ci-après.

If there is information missing, I'd be happy to provide it.
Any help would be appreciated.


texts: Is an 'MP3/MP4 Player' that cannot play .mp4 files, "misdescribed" under the Sales of Goods Act 1979?

texts:
We recently purchased an mp3 player from argos (908/2218), which is labelled as "Philips SA4VBE08KN/12 GoGear VIBE 8GB MP3/MP4 Player".  This item is excluded from their 30-day return policy.

We'd like to return it, because it doesn't support the .mp4 file format.  Given that it's described as an MP4 player, can we argue that it's been misdescribed?

If the shop staff don't agree, what's our recourse?  Is it worth pursuing in small claims court?


texts: What law requires Canadian and South African citizens to do a mathematical skill test when winning promotional gifts?

texts:
In the terms and conditions of a keysight promotion to win an oscilloscope, I stumbled over the following sentence:

  In accordance with local laws, if the selected entrant is a Canadian or South African resident, that entrant will be required to answer a mathematical skill-testing question, without assistance of any kind (whether mechanical or otherwise), within the time frame provided above.

What is/are the law(s) behind this, and what is that law trying to achieve?


texts: US Patent Law: Can a consumer of patented technology be held liable?

texts: Under US patent law, if a company releases a product or technology based on a patent which they do not have the rights to, can the end-user / consumer of this product or technology be held liable by the patent owner?


texts: Can a US President, after impeachment and removal, be re-elected or re-appointed?

texts:
This answer in its present form states

  If Donald Trump were impeached and blocked from running again (which is one of the things that impeachment can do, disqualify from office)...

Is that true?

Does impeachment by the House of Representatives, with or without subsequent removal from office by the Senate, actually disqualify one from being re-elected to the same Presidential office?

Before the present time, this might have seemed politically impossible regardless of the law, but impeachment and even removal from office does not seem as likely to hinder the viability of a candidate supported by the base of voters supporting the current US President.  This question is intentionally on Law.SE instead of Politics.SE as the focus is intended to be on law rather than political viability.

As an example of a similar case, consider Roy Moore, who in 2001 was elected as Alabama's 27th Chief Justice, removed from office in 2003, was again elected chief justice in 2013, again forced out, then won a Republican primary for Senate in a heavily Republican state, earning Trump's endorsement, and is again a candidate for the US Senate.

As a closely related question, does impeachment by the House of Representatives, with or without subsequent removal from office by the Senate, actually disqualify one from being re-appointed as Vice President or elsewhere early in the line of succession, and re-reaching the same Presidential office by resignations or otherwise?


texts: Purolator Shipping Insurance "At Shipper's Risk" clause

texts:
I shipped personal items from Canada to the US with Purolator. One package arrived significantly damaged (the delivery man also acknowledged and made note of this).
I purchased 1200$ worth of insurance, and I'm claiming 967$ with proof of invoices. The claims department is replying to me saying that personal effects are not covered, but are offering me 500$ as a kind gesture.
They had the following message:

...
(vii) Articles not packaged in accordance with Purolator’s shipment
acceptance policy (see “Shipment Acceptance Policy”).
(viii) Articles not properly labelled in accordance with Purolator’s
labelling requirements (see “Tendering
Shipments to Purolator – Proper Labelling”).
(ix) Seeds.
--> (x) Household goods and personal effects.
(xi) Articles designated as “Prohibited” in these Terms and Conditions
but which have been tendered to Purolator and accepted for carriage
(see “– Prohibited Articles”).
Any “At Shipper’s Risk” Shipments accepted by Purolator travel on a
“no-value” basis for the purpose of claims for loss or damage (i.e.,
the Customer cannot increase Purolator’s liability by declaring a
value for such Shipment on the face of the Bill of Lading or, in the
case of Shipments prepared using an Automated Shipping System, in the
designated user entry field).

I think they are liable. They clearly mishandled the package and I have invoices to prove the value of the goods that were damaged. I don't know what I should reply to this. I would appreciate some guidance.


texts: Can a software developer/company be held liable for illegal acts done with their software?

texts:
If a software developer(s) / company creates software that can be used for hacking purposes but has "Terms of Use" that state it can not be used for an illegal activity. Can the creator(s) be held liable for an end users breach of those terms?

An example of this type of software is Metasploit.

Relevant details about the software;

Open Source
Free
No way to control its use


texts: Can someone explain what these number means in trademark description?

texts:
I was doing some trademark search in TESS. I sew the following description.

  Goods and Services:   IC 038. US 100 101 104. G & S: Communications
  services -- namely, transferring of electronic messages for groups of
  two or more people by means of a global computer network. FIRST USE:
  19980120. FIRST USE IN COMMERCE: 19980120

While I do understand IC 038 means international class code, I couldn't figure out what these numbers means US 100 101 104.

I believe its more like subclasses. But i'm not sure.

Can someone tell me where I can get that details in USPTO?


texts: Tear gases/chemical weapons for civillian use?

texts:
I was wondering if civilians can legally carry and use a chemical weapon/tear gas in an event where you need to protect yourself. I have found that pepper spray is okay for self defence in the USA, but all I can find on more potent substances is for police use or that they are banned in warfare.

An example is say someone needs to protect themself from an attacker and uses CS gas or benzyl chloride. How would this hold up on the victim's side in court?


texts:
Under GDPR can data processors charge a fee over their normal charge just because they have to perform GDPR requests on request of data controller?
One scenario->

Data subject asks controller to delete all data under GDPR.
Controller tells Data Processor to delete all data.
Data processor asks controller to pay $1000000 to delete 1 mb of easily locateable data.
Is this legal?By the way DPA reads that the controller must pay for expense.


texts: Does all public assistance need to be listed as income when filing for bankruptcy?

texts:
Asking with respect to the USA. I'm currently homeless and on food stamps and public assistance. I've googled and it's stated everywhere that foodstamps and public assistance cash need to be listed as income. That's fine, seems very cut and dried.
While I am staying in a shelter, my state welfare office is also paying my monthly fee for a storage facility, about $150. I don't get this money directly, they send a check to the storage facility. Do I need to include this as income?
Likewise, I don't pay any rent, but the welfare office does pay the shelter an amount for me residing there. Should I also declare that amount as income? Should I even declare it as rent, since I don't pay it directly?


texts: What does "human-perceivable form" mean?

texts:
I am trying to find the differences between Version A and Version B of an executable binary to determine whether Version C (a localisation) is based on Version A or Version B. The problem is the license. In the restrictions section, it contains this text:

  The Software contains copyrighted material, trade secrets and other proprietary material.  You may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

Looking around the internet, I have found several instances of similarly worded licenses, but nowhere have I found what this phrase means.

Does printing the executable to the screen (using something like cat) count as producing a "human-perceivable form"? What about creating a hex-dump of the executable? Going a step further and turning the hex-dump into assembly is explicitly stated to be considered as such, but Real Programmers use hexadecimal anyway; I know of several humans who can perceive code in the form of a hex-dump. Going back to simple printing, in a character set without unprintable characters it wouldn't be very difficult to learn the mappings between two-digit hex numbers and characters; one could even use a font where each glyph consists of two hexadecimal numbers.

Where is the line drawn? What would be legal, and what would not? Is it different if the form is never directly perceived by humans?


texts: Is it legal for a business in the US to charge to make change?

texts:
Is it legal in the US, for a business to charge a fee to make change (cash to smaller denominations, e.g., taking a dollar bill and giving back coins) or the reverse (e.g., taking coins and returning bills)?

For example, would it be legal for a business to offer to change a dollar bill into three quarters?


texts: Is it legal in the UK to give different prices to different users, for price optimisation, using A/B testing

texts:
I'm the CTO for a startup that is about to launch.
We have a monthly subscription plan, and we are not sure what price to set it at.
We have done some rough analysis, but we are considering using A/B testing to optimise the price further.

I want to know if there are any laws against this, considering we are a UK incorporated company, and we will be marketing to people worldwide.

I don't want to know reasons for or against A/B testing prices unless they have a legal basis, such as angering users and so on, only any potential legal ramifications. So far I haven't found any online.


texts: What is the process of requesting collected personal information for a major company online?

texts:
Recently I took a personal trip to a resort and theme park a large company owns in the US. As a US citizen, I have the right to request any and all personal information digitally and physically collected by this company in accordance with the Privacy Act of 1974. The reason for my request is simple curiosity about the data collected, and how identifying it actually is, as well as simply seeing how much and what they have collected. This site discusses what appears to be a long legal process in making the request. So,

Do I need a lawyer for this?
What is the overall process for me, as a legal US adult citizen, in requesting all physically and digitally collected information from a very large and physically distant business after using their services a short time ago?

EDIT:
    For anyone coming here in the future: the information in my question is incorrect. This is not what the Act is talking about. Please see the accepted answer.


texts: Is it libel if I reasonably believed it to be true?

texts:
Suppose I'm a major newspaper journalist. A rape occurs, and the police arrest the suspect. Bucking all journalistic trends, I run a story with the headline, "Rapist CAUGHT," not "Alleged Rapist Caught."
As time goes on, it is eventually proven that the "rapist" did not actually commit the act, and I or a fellow journalist promptly retract my previous statement.
In the first article, did I commit libel? Does it matter whether or not I had reason to believe what I published was accurate?


texts: What happens when someone sells a found item?

texts:
I got into a discussion about finder's law yesterday. I live in Canada, so that's the law we were looking at, but I'd be interested in law from any jurisdiction. Most of our discussion was based on this page: What is Finders Law?, and this one: All is not lost: the law of lost and found.

During our discussion, someone proposed this hypothetical:

Alice loses something of value, let's say a necklace.
Bob finds the necklace. He puts up FOUND posters, makes phone calls, and generally does his due diligence in searching for the original owner.
After a week, Bob is convinced that the original owner isn't showing up, and with no desire to keep the necklace for himself, sells it to Charlie for a fair price.
After Charlie buys the necklace from Bob, Alice shows up, sees the necklace, and asks for it back. Let's assume that she has proof that it was originally hers.
Does she get it back? Who pays?

Under the law as we understand it, Alice, as the original owner, has the superior claim to the necklace no matter what. However, Charlie paid for the thing, and he's not the finder. Bob can't give it back, because he doesn't have it anymore. What is the legal situation here?


texts: Can one claim unclaimed poultry living on their property?

texts:
Some time ago I dug out a pond on my piece of land in a small rural town in New Zealand. The intention was to attract wild ducks there and maybe have some domestic ducks, which I told all my neighbours.

Almost a year ago a couple of white domestic ducks showed up in the pond. They have been living there since then, occasionally fed by myself. None of my neighbours have any idea where they came from and who the owner could be (at least this is what they are telling me). The pond is rather prominent in the town so most locals now know that the ducks are there, still noone has ever shown up to say they are the owners.

Can or could I ever legally claim the ducks?


texts:
In legal circles this quote, in one form or another, has passed into legend:

  Judge: Your client is no doubt aware that Vigilantibus, et
  not dormientibus, jura subveniunt?

  Lawyer: In Barnsley, m'lud, they speak of little else.

What is the origin of this quote?  Or is it entirely apocryphal?


texts: How can GDPR affect user generated content?

texts:
I'm wondering where the lines of GDPR are in regard to user generated content and how it meets the Communications Decency Act.

Section 230 has been what ISPs and websites (Yelp as an example) use as a defense for processing and managing user generated data on individuals and businesses.

  Effectively, this section immunizes both ISPs and Internet users from
  liability for torts committed by others using their website or online
  forum, even if the provider fails to take action after receiving
  actual notice of the harmful or offensive content

Where do we stand in 2018/2019 with GDPR compliance vs user generated content?
To what extent could an individual's private data be submitted by an anonymous user and then "processed" and made public by a website legally?
What other implications does GDPR have on the Communications Decency Act?
Are there differences in your answers when these questions are applied to the United States?


texts: Is there any way to recoup financial damages after spending everything you have on defense and being found innocent?

texts:
I just read about a story where a guy was charged with visiting child porn sites and was later found innocent.

  Fiola and his wife fought the case, spending $250,000 on legal fees.
  They liquidated their savings, took a second mortgage and sold their
  car.

That's really scary - When this kind of story comes up, I always wonder, if I'm ever met with bad luck and end up spending everything, going bankrupt even, in legal fees to fight the charges and am finally acquitted, is there any safety net in the legal system to recoup all financial damages including interest on any loans I had to take out?

The situation I cited involved criminal charges but I'm interested in both criminal and civil. Also, what about indirect financial damages, like losing your job because of the charges?

It seems like if you're wrongly charged by a crime by the government and suffer extreme financial burden because of that, if proven innocent you should be free from punishment - including financial.


texts: Who owns a mineral deposit that spans across multiple properties

texts: In the US, if a mineral (oil/gas) field/reserve is found and it spans across multiple private properties, how is the ownership of the product divided among these properties? (assuming owners have mineral rights for the properties)


texts: If the KJV is still in copyright in the UK could I have a problem if people buy something quoting it from the US?

texts: I'm creating a Christian game with KJV quotes which will be printed and published -via self-publishing- in the US. I understand the KJV is in the public domain worldwide, except for the UK. Could I have a problem if people from the UK bought the game and it was sent to them from the US?


texts: Is it legal to ride a bicycle with a self-installed motor around California?

texts:
I'm going to California for a few weeks, largely the San Francisco and Los Angeles areas, and to save money (and time considering LA traffic) I plan to bring a bicycle with me and use that and public transport to get around.

Seeing as a lot of the rides are long and hilly, and I have a good deal of electronics experience, I'm strongly considering mounting a motor to the bicycle to make my commute a bit easier. Would a bicycle with a motor manually attached be street legal in California, specifically in Los Angeles and San Francisco?


texts: Can a person be compelled to testify against themself in a civil trial?

texts:
I read that a key piece of evidence against Bill Cosby in his recent criminal trial was testimony he gave in a deposition in response to a civil suit filed against him by one of his accusers. In the deposition, he stated that he had given quaaludes to women.

So, if he was compelled to give this testimony in the civil trial, then it would appear to be an end run around the constitutional protections against self incrimination. Either that or was he just foolish to voluntarily give the deposition. Which was it?


texts:
Child support is deducted from my pay.

I have a court order in which the judge writes "There shall be no further amount of retroactive child support or ongoing child support as of July 31, 2016 payable by the Applicant to the Respondent."

I was paid on July 31, 2016. Should child support be deducted from this pay?


texts: Are you legally obliged to show the registered symbol with a logo?

texts: If an external company's logo includes a registered symbol, are you obligated to reproduce it (in a link to their website, for example) along with this symbol? What if the usage guidelines dictate the use of (R) -- can you omit it?


texts: Online player nicks: personal data under GDPR?

texts:
We run a server for an old, open-source FPS game. The game collects match events that get logged, where the only information stored is player nicknames (changeable at will at any time by the players). These servers are open to join (no login system of any kind), and neither IP addresses nor anything else other than game events are logged.
We would like to publish tables of player performance statistics. Can we just do it, on the basis that player nicks are not personal data because they do not relate to identified natural persons? Although a random online nom de guerre can not on its own identify anyone, I can think of some scenarios where this could not be true:

Somebody in the community may know who somebody else is, e.g. they might be friends, knowing each other after years playing---although that's information nobody on the basis of just the player nicks could retrieve.
Some players might have used the same nick on different platforms (e.g. an internet forum), so they could be temptatively identified on that basis (provided some other information were visible in those other platforms)

Even if the threshold for potential identifiability were as low as to consider nicks on their own as personal data, could we proceed on the basis of lawful processing for "legitimate interests"? Those would be those of this gaming community, by making available attractive (hopefully) information related to the game and their enjoyment. In my view this would not trump on any fundamental user rights that would have to weighted against those interests, nor would we be doing something particularly unexpected from players of a game where competition is the norm (e.g. the game itself shows player statistics after each match).


texts: Where to find statistics on incarceration rates for a certain time period?

texts: I need to find statistics on the incarceration rate of African Americans for the 1930s. Where can I find these statistics?


texts: Can descendants modify copyright of parent's work?

texts:
According to this link if a work was published in 1969 then the copyright would be for 95 years after publication date.

If the original author has died, is there any method for descendants to modify the copyright, specifically something like releasing the work into the public domain?

Maybe related that would help answer the question would be this - can copyright be transferred to descendants? If it were transferred, e.g., in a will, does the original length of the copyright still apply, just that the ownership would be to the new owners?


texts: Under what law or authority does a homeless asylum seeker's lack of access to mail impose a duty on the government to electronically notice an alien?

texts:
...if any.
An asylum seeker in the United States is not entitled to work unless, for no fault of his own, the government fails to proceed with a non-frivolous application for 180 consecutive days, neither is to any benefits nor is to a government appointed attorney. In practice, many people will not receive an Employment Authorization Document (a temporary work permit card), for much-much longer. This leads to an abundance of poverty, and a fertile bed for human trafficking, and, in many cases, to asylum seekers suffering homelessness.
This can result in either perjury in making a statement about their "home address" which is a prerequisite of form I-589 and other forms or not filling it out, and hence not receiving notices.
In many other judicial and administrative proceedings on the federal level (for e.g. USPTO for patents, federal courts etc.) and even in immigration matters the government will allow for electronic correspondence (EB-1, EB-2, etc.). There does not appear to be an express resolution on the face of this matter.
If this was a matter of state law in California, I would reference maxims of jurisprudence, for. e.g., "[t]he law never requires impossibilities" (§3531.), or "[i]nterpretation must be reasonable" (§3543.) of any rules or laws that require an asylum seeker to provide an address.
My understanding is that the decisions of the administrative court, the Executive Office for Immigration Review, may not be appealed at federal, let alone state courts, other than probably at the United States Supreme Court in case of a Constitutional matter. And I'm not sure what Constitutional support this matter merits.
Therefore I wonder what is the closest analogous to such maxims — either by law or authority — that has the same effect? Or what other recourse such a person has to receive notices?


texts: Is it legal for a stock broker to restrict trading on a specific stock?

texts:
Brokers like Robinhood are restricting purchases of GameStop stock driving the price down. Is this market manipulation and against the law? Or does the SEC permit this? You can find an article talking about this here,

Robinhood blocks new purchases of GameStop stock
Robinhood, TD Ameritrade restrict trading of GameStop, AMC stock


texts: Does it violate any federal or state discriminatory laws if prospect employer bases their offer on person's current salary?

texts:
There are federal discriminatory laws that prevent companies from basing their hiring decisions on gender, religion, race, etc.

If prospective employer bases their decision on what a prospect employee is currently making, does this constitute discrimination?

Does asking a prospect employee for his/her current salary before extending an offer violate any laws?


texts: Constitutionality of the Copyright Office

texts: In the United States, a claim to ownership of a copyright must be registered with the copyright office before a civil lawsuit can be filed against a violator. (However, the violation could happen before the registration.) By law, the Copyright Office is a department within the Library of Congress. That means it is within the legislative branch of the federal government. Since its function is executive rather than legislative, could that situation be considered unconstitutional?


texts: Third party client made in Unreal Engine

texts:
Suppose that I made an MMORPG which has interesting gameplay, but rather bad graphics.

One day, a fan of the game writes a client in Unreal Engine that lets them play the game with HD graphics (but they still need to buy subscription from me to connect to the server). Because of this, my game becomes more popular and I'm making twice as much money.

Epic's license for Unreal Engine asks for 5% royalties, but I never agreed to this licence, the person who made the third-party client did.

Do I have to pay royalties to Epic? If yes, is it just on the portion of profits from players that connect using the third-party client?