texts: React - its license with a company that has patents

texts:
For various reasons I'm looking at developing some web frontends for some of our software and after spending a while looking at the available libraries out there I settled on React.

Then I read the license and patent grant. To my inexpert eye it looks like you basically forfeit the right to challenge Facebook for any patent, not just one related to React. My company has lots of patents (even some for some of our software. I'm dubious how useful that is, but my boss likes to mention it every now again, especially in front of customers). The company certainly isn't a patent troll, but its a big engineering company and takes IP very seriously.

Am I reading the license correctly? Is the license an issue from a business/patent perspective?

I hear about Google and Microsoft using React and wonder: how? Surely this effectively grants Facebook rights to all their IP, or risks them canning projects that use it.

I'm going to have to get someone from legal to look at it at some point, and I want to be able to present an argument (if there is one) for it. I don't like being restricted by legal technicalities from using a great technology.


texts: Copyright for re-scored tune that was out of copyright

texts: If a song is out of copyright, but has been re-scored for a movie, can it be used in an amateur video? I have searched multiple websites for a copyright of this particular score and cannot find one.


texts:
Are identity photographs, of the form commonly used for things like a bus/rail pass or membership card considered to be "special category data" within the meaning of the UK's Data Protection Act 2018?

It seems to me they would almost certainly be, even if not processed for biometrics currently because they are likely to cover at least race, ethnic origin and frequently also religion. Health may also be covered by such photographs, if for example an individual has visual signs of health issues in/around their head.

I believe the above points should be sufficient to conclude that identity photographs almost always count as special category data, but given that a well taken identity photograph could trivially be used to extract biometric information I can't really see how that case also wouldn't apply. This seems to cover even the retention of printed copies of photographs.

Is my reasoning here correct? Is there anything concrete to support this interpretation? Given the substantially raised barrier to using such data how can an organisation legally justify their use of ID photographs on membership cards (and a corresponding record retained by them)?


texts: As a student, do I have a right to see my incident report as filed by campus security?

texts:
A campus peace officer made a report against me for public intoxication, but no fine or ticket was issued.  Do I have rights to access that report?

By asking for the report, could that make them decide to issue a ticket where they previously had not?

I asked directly but was told I needed to contact a lawyer. They also placed a comment in the report stating that I disobeyed them which violated my school contract and I received a warning with no information.  Without any ticket information, I am not sure how I disobeyed them. They called the police and they drove me home. I was not charged.

I realize that I'm probably making this worse for myself as I understand I got off with just a warning but the information seems falsified, as I complied with both police and peace officers. I'm gonna take it as my consequence as I understand my responsibilities but I just need some more information.

My question is, can I have a copy of the report they filed at the time, and if so, how do I go about getting it?


texts:
If you're an employee of the UN, how does that work legally? Is your employer on the tax form written as the UN? Does it have a tax ID? Which country do you pay tax to? Is it treated like a corporation?
If you're an employee of the UN, and for some reason the UN decided that it's just not going to pay your salary, what can you do? As far as I know the UN has legal immunity, so... In that situation would you have no legal recourse?


texts: How to prevent internet company from changing Terms of Service?

texts:
So you sign up on website.com, you click on the notorious I accept tos and privacy policy checkbox (many without reading it) and you pay for the service.

Month later, website changes their TOS page adding few new paragraphs without notifying you that allow them to bill you $10 every month.

When you complain, they say: Read our TOS, you agreed.

How can you prove and show the original TOS changed? That you never agreed to this version of tos at all?


texts: Does any venue in the US have Jurisdiction to prosecute the WHO?

texts:
Lawsuit filed against WHO over its handling of coronavirus outbreak:

https://abcnews.go.com/International/lawsuit-filed-handling-coronavirus-outbreak/story?id=70264726

Selected excerpts from news article:

  Richard Kling and Steve Rotker of New Rochelle and Gennaro Purchia of
  Scarsdale, filed the suit in White Plains federal court Monday and
  claimed they suffered "injury, damage and loss" because of the
  outbreak and want the WHO to pay "incalculable" damages. Steven Blau,
  the attorney representing the plaintiffs, argued WHO didn't do enough
  to ensure the Chinese government was transparent of its COVID-19
  safeguards.

  "The Chinese government and the WHO intentionally misled the
  international community, including the named Plaintiffs, about the
  coronavirus and its devastating medical and economic effects,”

It is unclear which statute is violated.

How is it possible for a multinational NGO to be prosecuted for unsuccessfully containing a pandemic?

UPDATE: Missouri AG file similar lawsuit against China

  The lawsuit “seeks recovery for the enormous loss of life, human
  suffering, and economic turmoil experienced by all Missourians” caused
  by the coronavirus pandemic. Several defendants are identified,
  including the CCP, China’s health ministry, the governments of Hubei
  province and the city of Wuhan, and the Wuhan Institute of Virology.

  The suit claims that these entities were negligent in attempting to
  contain the initial outbreak in Wuhan, and that they deceived the
  international community as to the prevalence of the outbreak. While
  the Foreign Sovereign Immunities Act of 1976 generally prevents
  Americans from suing foreign governments in U.S. courts, there are
  certain exemptions embodied in the legislation which are targeted in
  the lawsuit.


texts: Blasphemy in the Context of Freedom of Speech

texts:
So my country is currently exhausting herself with a blasphemy case. It makes me wonder because such case in other countries (Western countries in particular) are not considered a crime because it's a part of the freedom of speech AFAIK.

Is blasphemy really not a crime even though it could be severely offending certain people?
Is blasphemy, in and of itself, really not a crime especially under Universal Declaration of Human Rights or international law?


texts: How to claim the copyright of the code written by me

texts: I helped in the implementation of a friend's project by doing some coding work, but did not get an acknowledgement of it in his research paper, tied with the thesis. How can I claim my right? I actually wrote a module for him.


texts: Sue newspaper or the reporter for libel?

texts: Are there any reasons to only sue a newspaper (the corporation) for libel and not the individual reporter who libeled you?


texts: Is the US Constitution binding for the US President?

texts:
I understand that the President of the United States has some immunity against the law. This makes sense to protect the president from interference and allows for flexibility.

To a European cursory observer, it seems that the immunity includes the Constitution. This is irritating.

Technically, the Constitution may be just another law, with just the same immunity. But I just can't get my head around it.

Is the Constitution as a law special in any way?
Is the Constitution obligatory for the President of the United States?


texts: Increase in civil award damages in 1980s?

texts:
It seems that there was a large increase in civil awards around 1980. Piper Aircraft went bankrupt in 1991 after a decade of fighting lawsuits. In 1975, there were 20 makers of football helmets. By the 1990s, there were only 2 left, the others all exiting the business due to lawsuit liability. The manufacture of small planes came to a complete halt in the United States.

What changed? Obviously in the 1950s and 1960s these companies had no problem operating. What changed in the 1980s with regard to civil lawsuits that caused these large increases in awards?

Background

The immediate reason for the change is obvious: in Greenman vs Yuba Power Company (1962) the California Supreme Court decided that manufacturers would be held strictly liable for any "defects" in products. Since juries tended to ignore whether defects actually existed, all that really mattered was the strictly liable part and lawsuits against manufactured goods skyrocketed. At the same time, the Act of God defense, which previously had been used to routinely dismiss lawsuits against manufacturers, was essentially discarded by the courts and no longer allowed. These changes were subsequently added to state laws across the country, essentially making product manufacturers suable. This is called the "Section 402 Revolution" in legal history.

Note that these changes were part of a trend, not a single event. For example before 1920 manufacturers were mostly legally immune to lawsuits (see Schwartz). Then the courts changed this and allowed lawsuits if the manufacturer was "negligent". Finally, in the 1960s this changed again, and manufacturers were held "strictly liable" and negligence was no longer necessary to be proven. So, there was a definite trend. The question is what caused this trend?


texts: How courts can supercede constitutional rights

texts: I am currently going through a domestic case with my recent ex-wife. Just the other day my public pretender, and that's not a spelling error, called me outside of the courtroom and asked me to plead guilty to all of the offenses. I then told him that I would plead guilty to what I have done, which is I violated a protection order when her brother told me she wanted to talk about Ollie our daughter. When he told me that I had prove my innocence, I interrupted him with no I don't, our Constitution says I'm innocent until proven guilty. He then told me that the Constitution doesn't apply to this. Now this States Attorney has declared me a danger to the community, with absolutely no violent crimes in my record, I have 2 DUI, and a federal prison sentence for conspiracy, which I believe the way I was indicted is now illegal


texts: What are the limits of the Commerce Clause?

texts:
In Gonzalez v. Raich, the Supreme Court held that the Controlled Substances Act could apply to home-grown marijuana that started in and never left California because it could still affect the interstate marijuana market, and thus fell under the Commerce Clause.
That seems like quite a bit of a stretch to me, to the point that it seems like everything is interstate commerce.  What are some examples of things that are NOT interstate commerce?


texts: Will the UK keep EU legislation after Brexit?

texts: I have found out recently that the reason why many of the delicious foods in America aren't being sold in the UK, or if they are being altered. It is because of the EU's laws on artificial colouring and flavours etc. So will the UK be free to import goods from America where it could not before? Or are the food laws I mentioned also part of UK legislation not just EU's.


texts: What are the implications of the new executive order regarding social media?

texts:
As I understand it, Trump is planning to issue an executive order that claims some social media platforms are violating the Communication Decency Act Section 230 by not acting in good faith, and as a result, wants new FCC guidelines on the behavior of the platforms.  If a platform violates these guidelines, then they are open to litigation, which they have previously been protected from.  Here is a link to a draft of the order: https://kateklonick.com/wp-content/uploads/2020/05/DRAFT-EO-Preventing-Online-Censorship.pdf

Some questions I have...

Is my summary an accurate description?
A common part of the debate has been "free speech", which isn't relevant to a private company.  However, are there other times the FCC has set guidelines that effectively influence free speech?


texts:
As a startup founder, what reasonable bylaws are commonly setup to maintain control of the board?

This is to prevent hostile take overs, transfer of assets and etc.


texts: Is personal information of arrestees published publicly?

texts: Is personal information (e.g., names, address, phone number, past residences, etc.) of arrestees published publicly? Are arrest records public at all? If so, how would they be found?


texts: When and why are jury trials preferred to bench trials of criminal charges?

texts:
A jury trial consists of a judge, who is the arbiter of law, and a jury, which is the "fact-finder."
A bench trial consists only of a judge, who determines questions of both law and fact to render a verdict.
In the U.S. there are some hurdles to obtaining a bench trial in criminal cases.  For example, under Federal Rules of Criminal Procedure (FRCP 23a) criminal trials must be by jury unless the defendant, prosecutor, and judge all agree to a bench trial.  Many states do, however, allow a criminal defendant to unilaterally opt for a bench trial.
Disregarding any obstacles resulting from those rules of criminal procedure: When a criminal defendant has an option to choose between a jury or a bench trial, when and why does one opt for the latter vs. the former?


texts: Car Loan Company not providing pay statements

texts:
The relevant jurisdiction is Michigan. How often must a large loan company deliver statements of account? When a statement on an auto loan has not been received in some time  (several months) and one is explicitly requested, how long does the company have to provide a statement?  Must the statement include a payment schedule fro the entire scheduled length of the loan? If not, what must it include?

If the company says that a statement has been sent but it does not arrive, can a consumer insist on a replacement? Can a consumer insist that a replacement be sent by a secure method?


texts: Under which conditions after winning a trial in California you can claim for compensation to cover attorney expenses?

texts:
I have been menaced to be brought to court in a case where the other part has largely more resources than I do. I am not worried about the veracity of the claims, but I am worried about being dragged to a long litigation I might not be able to afford with my personal funds.

Is there a way to know in advance in which circumstances I would be eligible for compensation to cover my defense expenses?


texts: Can I take legal action for an unpaid balance without a signed contract?

texts:
I run a wedding decorating business and I recently provided decoration services for a client in the UK. It was a last minute booking (2 days before the event).

I requested some details from the client so that I can put a contract together, the client provided 2 separate email addresses (one for him and one for his bride-to-be). The name provided was the name of his bride-to-be, let's say for instance the name provided was Jessica. I chose Jessica's email address as the one to send the contract to as it made sense to match the email up with the name of the signee.

The client and I agreed terms and I received a deposit payment. I put together and sent a full contract to the email address on the same day. The contract was not signed after numerous messages and reminders were sent I still did not receive a signed contract. It seems the client was checking the wrong email address the whole time (I found this out after the event).

So fast forward 2 days to the event, we went ahead and provided the services as we felt it was morally the correct thing to do considering this is somebody's wedding day and we wouldn't want to ruin it.

After a whole week of chasing up the final payment the client claimed to have made the payment via online-banking, we checked numerous times in our bank account and we received nothing at all. After a few more days I finally decided I would take legal action as I have tried my best to be reasonable but the client started to ignore my phone calls and text messages.

My question is, would I still be to okay to pursue this legal claim without a signed contract? I have proof of the contract being sent along with messages from the client and I discussing and agreeing terms.


texts: My German grandfather had to flee Germany in 1934 as a member of KPD. He died in 1938 in Moscow; a victim of Stalin's Great Terror. His German family was compensated post 1945 for his death which proves his citizenship. However, his son was sent to UK aged 8 for protection in 1934, grew up, was schooled, and was granted nationalisation in 1943 prior to joining the British Army. He went back to Berlin in 1946 where he married my German mother. I was born in 1950 and therefore a British child of a British National. However, my contention is that if my grandfather had not been politically repressed and required to leave Germany to survive, and his wife with 5 children had to send two children abroad for their survival, I would still have German citizenship. I am requesting reinstatement through Article 116(2) for restitution of my birthright. Am I correct in this logic?


texts: If an account is hacked and stolen, can the service provider be compelled to return it?

texts:
This story describes how a PlayStation Network (PSN) account holder had their account repeatedly hacked and stolen. Eventually the thief was able to create enough uncertainty that Sony (the service provider in this case) blocked any further changes. Unfortunately they did so when the thief had control, so the original account holder was unable to get it back.

The account holder had taken all reasonable security measures recommended by Sony, including enabling 2-factor authentication and using long unguessable passwords. It is not known for certain how the account was hacked, but it seems to have been done by making repeated calls to customer service agents until the thief found one who could be tricked into disabling the security.

The account in question was quite valuable: it included a number of "purchased" games (scare quotes because of the dubious nature of ownership here) and accumulated achievements from 12 years of play. The thief was offering it on the open market for $1,200.

Once this story went viral Sony suddenly fixed the problem. But suppose that this hadn't happened.

My question is: could the account owner have taken Sony to court to demand the return of the account? Would they have a case?

Sony PSN terms of service are here.


texts: Does Turkey, Azerbaijan, or the Turkish Republic of Northern Cyprus have a law criminalising recognition of the genocide against Armenians in 1914-23?

texts: The Turkish and Azerbaijani governments both deny that the genocide committed against Armenians in 1914-23 took place. But has either of those jurisdictions, or that of the Turkish Republic of Northern Cyprus, actually criminalised the public recognition of this genocide? In other words, if I were to go to any of those three jurisdictions and affirm in public that the genocide took place, would I be breaking the law?


texts: Can religious institutions discriminate when selecting their own clergy?

texts:
According to the U.S. Equal Employment Opportunity Commission, it is illegal to discriminate against a current employee or candidate based on race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.

Does this apply to religious institutions selecting their own clergy? I'm going to guess that it's allowed if there is a religions reason (e.g. the Roman Catholic church has a religious restriction forbidding women from being priests). But if there is not a religious reason, would they be permitted to discriminate?

For instance, could a Protestant church that does not have any religious restriction regarding the race of clergy still choose to discriminate based on race for their own reasons (perhaps they only want to hire a black pastor, or say that they will reject candidates who are black pastors)?

Or are religious institutions given some sort of protection regarding their hiring practices?


texts: Posing as another living person on social media -- illegal or no?

texts:
Say I pose as another person on social media and use their name, photos, etc.

Given that it's just a mock-up account and it's not used solely for criminal activity or among other means to harm or damage the person in question, would mimicking their profiles alone be illegal?

Is posing as another person illegal if all you're doing is re-hosting their images and using their name, but not engaging in any questionable activity under their name (for example, saying racial slurs, etc.)?


texts: Could leaking insider information eliminate insider trader concerns?

texts:
Suppose I possess some non-public information about Company X. I want to trade Company X's stock for reasons unrelated to the information (e.g. I believe the stock market as a whole is going to tank soon and I want to get out of the market). This insider knowledge is preventing me from selling my shares of Company X. If I leak this information publicly and the information becomes widely reported, have I eliminated concern for being prosecuted for insider trading?

(For the purposes of the question, I am ignoring any legal or moral liability for leaking the information alone.)


texts: What first amendment limits apply to law against "parading or demonstrating?"

texts:
Desiree A. Fairooz and two "Code Pink" co-conspirators were recently sent to jail and convicted for "parading or demonstrating on Capitol grounds" by dressing to be a visible symbol of dissent at Jeff Sessions' confirmation hearing.

  It was early in the hearing when Senator Richard Shelby, Republican of Alabama, said that Mr. Sessions’s record of “treating all Americans equally under the law is clear and well-documented,” Ariel Gold, the campaign director of Code Pink, said on Wednesday.

  Ms. Fairooz said that, on hearing that, she let out a giggle.

  “I just couldn’t hold it,” she said on Wednesday. “It was spontaneous. It was an immediate rejection of what I considered an outright lie or pure ignorance.”

  She said when officers came over, she expected to be warned or told to shush and was surprised to be taken into custody...

  Ms. Fairooz said the noise was not intended to disrupt the hearing, which had formally been called to order.

  “None of us planned to get arrested,” said Ms. Fairooz, who attended the hearing dressed in pink as Lady Liberty and carrying a sign. “We just wanted to be a visible symbol of dissent.”

(The other two had dressed up like Klansmen in a similar expression of dissent against the nominee).

What surprised me most about this story was the codified offense they were convicted of.  How do rules against demonstrations come up against the First Amendment to the US constitution?

  Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

I'm guessing there's been a prior case validating the constitutionality of outlawing such forms of expressing grievances against the government.  Can someone provide a citation or few and clarify what limits, if any, the First Amendment provides to blocks such laws from taking effect?


texts: Can the buyer have right to withhold the last payment on a item

texts:
Picture this, a buyer comes to a company and lays out a specification of he or she wants, within that specification the buyer notes that they are withholding the last payment unless he or she has seen the product and has been granted reasonable accommodations to see, touch and check off the product meets specs.

Can this senario be legally binding and what are the appropriate steps and applications must be taken for this to be in effect when it comes to online purchases or when the customer is remote and speaking to an agent.


texts:
Please if possible avoid legalese jargon in the answer.
Can a person use a brand citation (e.g. reproduce the brand logo and/or the brand name) under fair use or is permission required?
I would also like to know what rule applies to advertising: can a writer cite an advertisement (a few screens or a little piece of the entire ad) freely or does a writer need a special authorization?
Can a person lawfully produce and distribute a work in which brands and ads are cited, without needing to ask permission for such use for each brand?


texts: In the U.S., can corporations be formed under jurisdictions at levels lower than states?

texts:
I only hear of corporations being formed under the jurisdiction of a state. Actually, they seem to come into existence when they are listed in a registry of a state, district, or territorial jurisdiction.

My question is, can jurisdictions at lower levels than these, such as a municipal authority, maintain these registries and create corporations?

According to Wikipedia, Dillon's Rule holds that sub-state polities hold only the rights states grant them. So perhaps the answer to my question is the same as the answer to the question, Do any states confer the power to create corporations to municipalities?

For example, are the business registries of the cities of Albuquerque or Portland, Oregon actual mechanisms for incorporation or just for taxation? They seem to have a different legal nature than the business registries of New Mexico and Oregon respectively.

For another example, when Washington DC registers a business, is that an act of incorporation, or is a higher authority involved in the incorporation? Does the answer generalize to other independent cities?


texts: Import duty tax UK if the parcel goes back without being delivered

texts: I ordered a parcel from US (I live in UK) and so I paid import duty tax before delivery. Now, for weird reason FedEx didn't delivered the parcel to me and send it back to US. Now, technically there was no import duty tax since the goods have never been imported. Am I entitled to rembursement? Am I right?


texts: Allowing access to data before employment

texts:
If a company wishes to allow access to their system (e.g a new manager to view HR records, salary etc) before their employment start date, does this break any privacy, GDPR laws etc?

Lets say they sign off the contract and they are given access but before any background checks are conducted. As long as they are signed off, then is it acceptable? What if they are deemed not hire worthy before they start but have since seen some records? Are there any implications?


texts: A man killed my son and married one of the witnesses. Can the witness's statements still be used in court against him?

texts:
In Florida a career felon, who is a complete stranger to my son, killed my son. He is being prosecuted for this crime in a state court in Florida. There are two witnesses. One of them is the the girlfriend of the criminal defendant, who saw what happened but did not participate in the crime. While he’s in jail awaiting arraignment and court, the criminal defendant and his girlfriend who is a witness get married for sole purpose of avoiding her being required to testify.

Is this valid? Will it work on the defense's side? And will all her recorded statements before marriage be useable and valid in court for prosecution for conviction?


texts: Difference between Motions to Strike, Suppress, and in limine?

texts:
In U.S. practice what are the differences between the following:

Motion in limine
Motion to Strike
Motion to Suppress

I gather that the first is only applicable before evidence is presented, and the latter two are only applicable after evidence has been presented to a court.  But is there overlap between them?  If there are distinctions could you provide hypothetical examples to illustrate those?


texts: I'm currently developing a video game set in the Old West and I'm wanting to know if I can use period gun brand names in my game: Colt, Winchester, etc. Do I need special permission from the companies themselves or what? I won't be using the companies' logos and the use of their brands would only appear in the the names of certain guns, e.g. Colt m1902, Winchester m1887.


texts: Is writing and publishing a summary narrative of someone else's electronic game story an infringement of copyright?

texts:
Our son has watched every episode of UnderTale (which is a video game) and written a narrative describing each episode.  He's not a kid who has a lot of self-confidence (he's on the spectrum which may, in part, explain his focus on this project) and I think it would be a real boost to his self-confidence if we published this on Amazon.

However, is this a copyright infringement, so long as we identify what it is (just a set of narratives) and cite the creator, Toby Fox?


texts:
What's to stop counterparties to a contract from later marking up their copy with changes and forging initials, or swapping signature pages from one contract to another?

Context here is executing will of relative, who owned commercial rental property.  On file with accountant and bank, I have seemingly clean printed original signed copies with two signatures.

And from one tenant I have marked up copies with changes very favorable to them (scratching out scheduled rent increases in future years, property tax increase allocations, and payments for shared utilities). Tenant says he never would have signed the original lease.

Are the latter documents part of the back and forth during negotiation?  Or did decedent grant concessions without telling bank? (Bank required those clauses for the financing).

(Of course am consulting a real attorney, with actual documents, etc.  Just my curiosity is getting the better of me in meantime.)


texts: How much of a song's audio can I include in teaching materials without copyright violation?

texts:
I would like to build some educational material that would incorporate music.

Is it possible to include short sections of musical works without violating copyright? How much of the song would be "too much"?


texts: How to fix a forged endorsement on a cashier’s check

texts:
What is the best fix for a cashier’s check with a forged endorsement signature that hasn’t been deposited yet? If the forged signature is crossed out and initialed, and then an authentic signature is written, is the forger still criminally liable?

The whole story: Alice and Bob are siblings with a joint checking account at Bank Of A&B. Alice and Bob agree to close the account, and for Bob to receive the entire balance of about $2000. Bank Of A&B closes the account after issuing a cashier’s check payable to Alice on the first line, and to Bob on the second line, with no “and” or other qualifiers appearing among their names. Bob wants to deposit the check in his own account at Bank Of B, and that bank says Alice and Bob both need to endorse the check (even though no “and” appears among their names). Alice is off traveling for a few months, so with Alice’s verbal permission, Bob forges her signature as an endorsement. But before depositing the check, Bob learns that the forgery could be a felony criminal offense, so he wants to mail the check to Alice, have her cross out the forged endorsement signature, initial it, and sign authentically.
The back of the cashier's check currently looks like this:

Alice’s forged signature
Bob’s real signature
For deposit only
Bank of B account#

After the proposed fix, it would look like this:

Alice’s real signature
Alice’s forged signature Alice’s initials
Bob’s real signature
For deposit only
Bank of B account#


texts: Are cops allowed to search my car without asking for my ID first?

texts:
Recently, I was pulled over for not using my blinker to pull out of a gas station late at night. In reality, it was an excuse to question me and search my car by a department that had never pulled me over and a cop I'd never met. An acquaintance claimed that I was selling prescriptions and the cop started questioning me about my (ex)boyfriend's prescription before I even had a chance to ask why I got pulled over. After 10 minutes of refusing to let him search my car, he claimed he smelled marijuana and told me he had a right to search my car even if I didn't consent. Angry, I let him search and he found nothing.

It wasn't until he finished searching that he asked me for my license and registration. He then ticketed me for not using my blinker and gave me a lecture about how he knows I'm selling and is watching me and it better stop.

My question is this: is this all legal? Especially the part where he doesn't even ask for my ID or registration until after searching my car. Clearly he knew who I was, despite the fact that I've never been in any sort of legal trouble.


texts: Can a deaf person flee the police under a claim that the cop failed to detain them in an understandable manner?

texts:
It has already been stated that it is legal to flee the police, even if they approach you, so long as they have not attempted to detain you: Is it illegal to run away from a police officer in a way that provokes them, in the US?

So what if an individual is deaf, and therefore could not hear a police officer's request to stop?  Can they still legally flee the police on the grounds that they did not know they were being detained since the officer did not communicate their detention in a manner that was understandable to them?

For example say a deaf person sees a police officer approach them and suspects the officer's intent is to detain them, but they cannot hear if the officer asked them to stop (presume the officer's mouth is concealed to the point that reading their lips wasn't possible).  This person flees, say by starting their car and driving away while the cop is on foot, before the officer has realized the individual is deaf and so communicated their intent to detain the individual via a non-audible method.  If the individual is later detained would they be able to make a claim that their fleeing was legal on the grounds that the intent to detain them was insufficiently communicated?


texts: Do I retain ownership over software written at work, if I have not signed any sort of intellectual property contract?

texts:
At my current job, I was hired to be a call center rep and was moved to full-time software development under the same title/pay (I've been programming 8 hours/day for 5 months here). There are no intellectual property rights clauses in any of the paperwork I signed, nothing mentioning ownership of software for the company.

The closest thing I could find was the confidentiality agreement which states:

  No materials related to [Company Name] or its clients shall be removed
  from the premises or duplicated in any manner without
  direction/authorization of senior leadership.

Do I retain ownership/copyright of the software I write here?

Edit:

I'm reading into Work for Hire and am not quite sure how/when that applies. Does this apply if you have worked on software at any time (personal or work time) that is applied at work? And does it apply if it is not within the scope of my position?

In my case I have spent both personal and work time creating what I use. The scope of my position is to be a callcenter rep, however, I am given full leeway to develop, just not the position or pay.


texts: Sovergin Immunity with respect to criminal activity?

texts:
I have been looking without immediate success for references speaking to the Sovereign Immunity Doctrine exceptions, especially with respect to financial crimes. Take embezzlement for one example. Misuse use of public funds for another. Fraud as a third.

I am also looking for the same class of information with respect to Civil Rights violations.

Any references or better search terms will be appreciated.

Add on Unlawful Practice of Law.

Would Sovereign Immunity apply to a public employee engaging in it?


texts: In court is it assumed that it is legal to show classified or illegal documents as evidence?

texts:
Say a company is being sued for distributing confidential information, like carelessly releasing the medical records of their employees. In court, could a plaintiff show examples of these medical records as evidence? Wouldn't they then be committing the same crime as the company was as they are not showing confidential information?

Another example, say there is a court case about illegal pornography (people in it weren't over 18). Since viewing it and distributing it is illegal, aren't the people who are viewing it as evidence in court breaking the law?


texts: Data deleted prior to GDPR access request

texts: A company recieves a request to access personal data. They realize that they got the request two weeks after  data collection; by this time all data is deleted. What would a company reply if such deletion was preinformed in the privacy policy of the company? Can a company just tell user they don't have the data or not?


texts: Meaning: 'set up the breach of warranty in diminution or extinction of the price'

texts:
Source: p. 564 Top. I, not the book, bolded.

  Section 53(4) [of the Sale of Goods Act 1979] also provides:

    The fact that the buyer has [1.] set up the breach of warranty in [2.] diminution or [3.] extinction of the
    price does not prevent him from maintaining an action for the same breach of warranty if he
    has suffered further damage.

The above is English law, but this diction is used in other jurisdictions.

Does this mean 'caused' or 'created'?
'Diminution' is synonymous with 'decrease' or 'decline': does this mean a decrease in price?
The following legal definition for 'extinction' (verbalized as 'extinguish') doesn't fit the context:

  The wiping out of a debt.


texts: Are peer-reviewed scientific journals subject to FOIA?

texts: Are peer-reviewed scientific journals subject to the Freedom of Information Act?  I found this somewhat helpful page: Open Meeting Laws and Non-Profit Organizations (Digital Media Law Project).


texts: Under GDPR, can I request to be forgotten and re-register for a trial?

texts:
Imagine an on-line service which offers 1 month of free trial for new users. Can I perpetually:

register for the trial, use it for a month
request my account deleted and my data forgotten
repeat
?


texts: What law determines when you have been ordered to pull over for a traffic stop?

texts:
What laws in the U.S. (specifically, Massachusetts) govern when you need to pull over for a traffic stop?

I understand that if a police vehicle comes up behind you with lights flashing it's clear that you have to pull over and stop.

But what if a uniformed police officer is standing on the side of the road waving for you to pull over?

What about a uniformed officer police just looking at you?

Obviously evading or disobeying a police officer when he orders you to pull over is illegal.  I'm wondering what constitutes a such an order.


texts: If I warn British Airways that carrying me would break government orders, would they have any legal obligation to serve me a banning notice+refund?

texts:
I am not allowed to travel from London to my mum in Inverness for Christmas by UK government order (see https://www.gov.uk/guidance/tier-4-stay-at-home):
"If you live in a Tier 4 area, you must follow the rules below. This means that you cannot leave or be outside of the place you are living unless you have a reasonable excuse. You cannot meet other people indoors, including over the Christmas and New Year period, unless you live with them, or they are part of your support bubble... These rules will not be relaxed for Christmas for Tier 4 – you cannot form a Christmas bubble in Tier 4...
Travelling out of a Tier 4 area
You must stay at home and not leave your Tier 4 area, other than for legally permitted reasons [which don't apply to me]"
British Airways' General Conditions of Carriage give them the right to serve me a banning notice and refund my ticket if carrying me would break government orders (https://www.britishairways.com/en-fr/information/legal/british-airways/general-conditions-of-carriage):
"Our right to refuse to carry you or to ban you from travel
7a) Our right to refuse to carry you
We may decide to refuse to carry you or your baggage if one or more of the following has happened or we reasonably believe may happen.
7a22) If carrying you would break government laws, regulations, or orders.
10b) Involuntary fare refunds
10b1) We will pay fare refunds as set out below if we:
[...]

refuse to carry you because a banning notice is in force against you or for some other reason pursuant to these conditions where reference is made to this clause."

=> My question: if I inform BA that carrying me would break government orders, is there anything in UK law which would oblige them to serve me a banning notice (getting me a refund in the process)? (Otherwise they will offer me vouchers which I would not have any use for in the foreseeable future.)
NB: I bought the ticket in November.


texts: How to prove the genuinity/nongenuinity of a signature?

texts:
I'm not a law student, but I'm very interested in the topic and learning in general.

I got curious about contracts and signatures recently, so I wondered if there have been cases where contracts have been voided because of invalid signatures.

What constitutes a person's official signature, and what are the criteria (if any) for the validation of one's signature?


texts: I'm attending college in Connecticut, where I've lived on-campus for approximately 3 months. I'm from out-of-state, however, and reside in Connecticut only during the school year. Am I eligible to vote in Connecticut? The online registration form asks me to confirm that I'm a 'resident' before continuing. I've spent a considerable amount of time searching relevant resources and the internet, and there is a considerable amount of conflicting information out there. I've tried speaking with voter registration representatives, to no avail.


texts: Is it legal to publish schematics from reversed engineered electronics?

texts:
If I were to analyze an electronic device and reproduce the circuit schematics, would it be legal to publish the schematic?

I know that there might be issues with selling a clone but I am not so sure of the schematics themselves.


texts: Interpretation of "and" for conditions on when a law applies to a person

texts:
My question is also about this legal language structure in general: "This law applies to a person if they X and Y."
I read this as a strict and, that the law applies only if the person satisfied both criteria. Is that the most common interpretation? Clearly it is a correct natural language interpretation, but is still somewhat ambiguous. E.g. "if the person is armed and in possession of an illegal substance then they get 10 years" means that the person must be both armed and in possession of an illegal substance to have that penalty apply. Of course, in this last example, there might be a separate specific distinct penalty that is stated for when the person is only in possession of the illegal substance (but not armed - without stated this about being unarmed specifically though). I can also imagine that there might be different standards that apply in criminal vs other types of law too. What are those various standards, if any?
The specific law I am interested in is Texas Medicaid law and specifically the Medicaid Estate Recovery Program. The relevant statutes are in RULE §373.103:

(a) A Medicaid Estate Recovery claim may be filed against the estate
of a deceased Medicaid recipient for covered Medicaid services if the
recipient:
(1) Was age 55 years or older at the time the services
were received; AND
(2) Initially applied for covered Medicaid
long-term care services on or after March 1, 2005, the effective date
of these rules.

My question is about the emphasized AND in there (my added bold and capitalization). Would the most common interpretation be that the recipient should satisfy both criteria in order for the law to apply to them?
Obviously, this is my first post here, so maybe asking about a specific question in a way that sounds like seeking legal advice isn't allowed. I am not asking for legal advice! I can delete the specific law though and make the question just the first part, about the general structure. I am more curious about the specific legal language structure and where else it might exist and how it has been interpreted.
I was just reading this: https://adamsdrafting.com/downloads/Ambiguity-And-Or.pdf and realized that in almost every example included I had my own interpretations that seemed obviously correct, while still seeing how it can actually be ambiguous.


texts: Can I make gallery apps of famous celebrity like Justin and michel Jackson?

texts: Not sure this is the right place to ask this question here or not? I asked this in stackoverflow/tags/android and they told me to ask here. As I am from developing county, here no one cares about using copyright material. I searched on play store like Justin gallery, Mj gallery but apps are not found. So, I think of creating the one of MJ. Do I have rights? I will also put ads on it, It means that I am taking credit from it. Please don't down vote for this question because I have already said that I am from developing country where no one cares about copyright. So, I don't know how are the laws of developed countries? For the images I will use googleImages. Thank You!! Any Help would be appreciated.


texts: Accrued interest in the award of legal fees

texts: If a party to a lawsuit is awarded legal fees, and their legal expenses were incurred over the course of several years of litigation, can the amount include interest on the expenses from the time they were incurred until the time they are awarded?


texts: What is the Statute of Limitations for prosecution in CA,USA on Penal Code #308a? I have tried everything. Please help?


texts:
There was a strategy game where I and my friends played for several years. The original developers closed the game 3 years ago. We have asked them to open the source code when they did it but they did not reply. Their firm is liquidated now.

One of their previous domain names will expire in the next year. We have web archives, so we can recreate the game. It will be open source if we do it. Can we reuse images from the archives after a time or not in this case?


texts: Where do I go when police refuse to investigate someone who made purchases with my debit card?

texts:
A few months ago, my debit card information was stolen and used to purchase some computer equipment in the state of Oklahoma, but the perpetrator lives in the state of Florida and I live in the State of Texas.

My local law enforcement refused to take the case because it did not occur in my city and the local law enforcement of the city where the crime occurred in Oklahoma also refused to take the case saying the law enforcement of my city has to take it and they will just do a supplemental report.

So, my big question is, what law enforcement agency can I count on here in the United States when the police refuse to investigate a crime against me regarding my financials?


texts: Is the US federal executive allowed to misrepresent federal law?

texts:
The US Department of Homeland Security is misrepresenting federal law on its page of frequently asked questions about the biometric exit system that is currently being developed.  In particular, they cite 8 CFR 235.1 and 8 USC 1185 as their authority for collecting biometric data of US citizens:

What authorities does CBP have to collect biometrics on U.S. citizens?
The authority to collect biometrics from U.S. Citizens is based on the outbound border search authority, and the requirement for all U.S. Citizens to be in possession of a valid U.S. passport. These authorities are included in 8 CFR 235.1 and 8 U.S.C. §§ 1185(b).

The most troubling of these claimed sources of authority is 8 CFR 235.1 (Scope of Examination), which seems like it might be relevant until one notices that it is a subpart of 8 CFR 235, Inspection of Persons Applying for Admission.  Nothing it says is relevant to the question of what may or may not happen with persons seeking to depart.
Is the executive branch violating any law by making this claim?


texts: Is it legal for a group of people to publicly and transparently recruit others to influence a stock price?

texts:
Generally, stock manipulation is a covert affair, with those at fault either submitting orders themselves with the intent to manipulate prices, or tricking others into doing so (e.g. pump and dump schemes).
But what if a group of people publicly announce their intent to drive up the price of a stock with buy order volume alone, and invite others to join them, with no deceit whatsoever? Is it illegal for a group of individuals to participate in public, transparent collective action in buying a stock with the intent of driving the price higher?


texts: Is it legal to collect data on "Every Administration staffer, campaign staffer, bundler, lawyer who represented... " of Trump administration

texts:
AOC tweeted:

Is anyone archiving these Trump sycophants for when they try to
downplay or deny their complicity in the future? I foresee decent
probability of many deleted Tweets, writings, photos in the future

And some guy associated with https://www.trumpaccountability.net/ replied with(tweet is deleted/protected, but data is still in google search for term trumpaccproject ):

Yes, we are.
The Trump Accountability Project (@trumpaccproject)
Every Administration staffer, campaign staffer, bundler, lawyer who
represented them — everyone.

One one hand it is perfectly fine to share information, on other hand it could be seen as political intimidation/harrasment...
Are there any laws related to this?
For purposes of this question assume that everything they collect is true, aka no false informations are presented about the people investigated, since I presume there are anti libel laws.
Also I am only interested in legality of this, please keep political views out of this.


texts: is there any law like the 18 U.S. Code § 201 in latinamerican countries?

texts: In many latinamerican countries, legislators and others politicians are receiving benefits to support some laws which favors international companies. I've read that US has the 18 U.S. Code § 201 where you can go to jail for bribing public officials and witnesses. Are there laws similar to this in latinamerica, and could CEOs of foreing countries be sued for this? They use a proxy mechanism, where they send funds to NGOS, Universities, etc. (this is public information available in the companies's official websites showing their accounting balances) and later these proxy entities give benefits to the legislators and politicians.


texts: How does binding precedent work with juries in trial courts?

texts:
How is a jury in a federal trial affected by binding precedent such as that of a SCOTUS decision?

If the jury is selected from ordinary people, they obviously are likely to have no familiarity with legal matters. How is their ability to render a verdict influenced by binding precedent? Can a jury render a verdict that contravenes with binding precedent?


texts: Is it obstruction of justice to advise someone not to answer questions from the police?

texts: If two people X and Y are together and the police come and start interrogating X and Y says, "Don't answer any of their questions."., can the police then arrest Y for obstruction of justice?


texts: My friends dog was feeling threatened and nipped a family member's arm because they werent paying attention. The nip did no damage and was as far as I know, because he was scared. Most of the family wants to put the dog down because he's "dangerous" even though it's due to their own stupidity. He is a healthy 7 year old and it was my friend who raised him and is very distraught. The dog belongs to the family. A) can they legally put the dog down and B) could it be considered animal abuse?


texts: GDPR - A mobile App that allows user to store media do we have to option user consent?

texts:
I have a few doubts about GDPR law. If we are a mobile app, that allows user to store data inside our application like photos, videos, notes. etc., then do we have to get user consent or anything related to GDPR?
Example: a vault app.
Also, if the user is storing the data in our app, but the data is not encrypted, then do I need to encrypt data even if are aren't subject to GDPR?
The data is stored locally on the user's phone and it's not uploaded to server.
It's like a private gallery application which is password-protected. The user can move photos.


texts: Is it illegal to purposely arouse police suspicion?

texts:
I ask this strictly as research for a work of fiction

A person purposely acts in a manner to attract police attention and arrest as a form of protest. The goal is to inspire an arrest or use of force without giving a true justification (they are prepared to be killed, but only if their killing is unjust).

The act itself is entirely legal and should not cause alarm to a reasonable person, but is designed to make a police officer feel suspicious or endangered should they be hyper-vigilant, and ultimately waste their time.

Would an officer merely being bothered in this way constitute a crime unto itself, thus justifying force or procecution?

It's difficult to think of examples (loitering and breach of peace laws are very broad), but some may include:

congregating as a group and quietly but obviously observing police on duty.
following a police cruiser from a safe distance for a prolong period of time.
prolonged and pointed staring at an officer.
exchanging innocuous items in a fashion that might mimic a drug exchange.
fleeing from an officer who only notices you at that moment (stopping when commanded)

All commands are obeyed once the officer engages, which is ultimately the goal: to be engaged and should the officer over-react, arrested or attacked, without breaking the law.  But is pursuing that goal a crime unto itself?


texts: System of Checks and Balances: Judicial Overreach?

texts:
Israel has no formal constitution. Instead, it has a series of "foundational laws" that can only be changed by a supermajority and serve as a de facto constitution. In 1992, the Israeli Supreme Court ruled that any new law found to violate these foundational laws can be struck down as unconstitutional. Not surprisingly, some Knesset (parliament) members were not happy with this.

My question, then, is can Congress bypass U.S. Supreme Court decisions with a supermajority of its own? I'm not saying this is the case, but every branch is amenable to its own abuses of power. Theoretically, the courts can overreach their own powers. What systems/procedures are in place to counteract that? If enough members of Congress agreed, could they, for example, strike down landmark decisions like Roe v. Wade?


texts: When both parties in a Federal Civil matter state they do not want a Magistrate Judge deciding the case, is that Magistrate still allowed to render an opinion? Additionally, is the Asst. U.S. Attorney that is handling the defense for the government allowed to change the complaint for a Fourteenth Amendment violation to a Fourth Amendment violation just because he can defend the Fourth but not the Fourteenth Amendment violation? Again, my complaint was a Fourteenth Amendment violation, which was confirmed by the Eleventh Circuit in Atlanta, but because  the Magistrate Judge, who was not supposed to give an opinion, did so based on a false premise and invalid information, am I stuck with his opinion or is there a way to get a case reopened based on improper actions by the Asst. U.S. Atty and/or the Magistrate Judge?


texts: Is it legal to reverse-engineer free US government software?

texts:
The US government provides a number of closed-source software packages to the public for free. Some packages are explicitly listed as "public domain"; other packages list a specific agency as the copyright holder. Packages might be written by US government staff, contractors, or both.

These programs frequently contain EULA language forbidding decompilation or reverse engineering. Since the software is given away for free by the government (i.e. the US government does not profit from the software it releases), the reasoning for that EULA language is not entirely clear to me, and I wonder about its validity.

Is is legal to decompile or otherwise reverse engineer free, publicly available software from the US government? Has a case ever been brought against someone for reverse engineering such software?


texts: what does it mean if something is "Limited to intellectual property and copyright protection"?

texts: What does it mean if a mobile app's use of encryption is "Limited to intellectual property and copyright protection"? Does that mean it doesn't contain any encryption that is patentable?


texts: When can "exact change" policies be enforced?

texts:
In general, "exact change" policies are legal.

The Department of Treasury provides this helpful explanation:

  The Coinage Act of 1965, specifically Section 31 U.S.C. 5103, entitled
  "Legal tender," ... states: "United States coins and currency
  (including Federal reserve notes and circulating notes of Federal
  reserve banks and national banks) are legal tender for all debts,
  public charges, taxes, and dues."

  This statute means that all United States money as identified above
  are a valid and legal offer of payment for debts when tendered to a
  creditor. There is, however, no Federal statute mandating that a
  private business, a person or an organization must accept currency or
  coins as for payment for goods and/or services. Private businesses are
  free to develop their own policies on whether or not to accept cash
  unless there is a State law which says otherwise. For example, a bus
  line may prohibit payment of fares in pennies or dollar bills. In
  addition, movie theaters, convenience stores and gas stations may
  refuse to accept large denomination currency (usually notes above $20)
  as a matter of policy.

But in practice doesn't this mean that "exact change" policies can only be enforced when payment is required before a good or service is provided?  Because I can incur a debt in most commercial situations.  E.g.:

I drive into a parking garage that lists rates on a sign that also warns, "Exact change required."  Later when I go to leave I am asked for exact change at the exit.  I say, "Well, I don't have exact change, but I do owe you money for parking here.  Federal law says I can satisfy this debt with legal tender.  So start counting the pennies, or just let me out!"
I go into a store that says, "No bills larger than $20 accepted."  While shopping I drink a soda and eat a few snacks.  I go to check out and all I have is a $100 bill.  Once again I say, "All I have is this $100 bill.  I am in debt to you for the food I've already consumed, and this bill is legal tender for satisfaction of that debt.  Either make change or thank you for the free snack."

I get in a taxi, enjoy a meal in a restaurant, etc.  All of these are paid after the service has been consumed.  Are they not then debts that must be discharged if I offer legal tender?


texts:
I was under the impression that in every state, the creator of an LLC or INC must have at least one chief executive, and in some states, a treasurer and secretary.

However, in some filings I've come across when asking the secretary of state for some LLC creation documents, I find that some do not show any person at all.

Is this even legal? And if so, how would one go about finding the owners or creators of the entity?

Further, there seems to be no registered agent or person in the state that could accept process service.

I've found instances in several states, but for this question in particular, I'm interested in the laws of Pennsylvania.


texts: Using a trademarked name as the partial name of a new business

texts: If a company named "XYZ LLC" has the name "XYZ" trademarked, am I infringing if I incorporate an LLC with the name "XYZ" partially in it, e.g., "XYZ Entertainment LLC" ?


texts:
This is merely a hypothetical situation. However, I would like to better understand when it is legal to discriminate and when it is illegal.

In this example, a job/role requires applicants to undertake a medical (for safety reasons) every 12 months. The medical requirements state something like;

First time applicants with the medical condition XYZ shall be deemed unfit for this role.
Applicants who are renewing their medical and have developed the medical condition XYZ may be deemed fit for this role. This is on the condition that a medical evaluation suggests that the applicant can still safely carry out their duties.

My question is whether this would be legal or illegal?

Personally, I would see no reason why point (1) would be illegal, assuming there is a valid reason why medical condition "XYZ" may impact the safety of the workers.

However, my confusion arises as a result of point (2). Surely, this point contradicts the "valid reason" I mentioned above, given this suggests that it is possible to safely carry out the duties, despite having medical condition "XYZ"?

Therefore, is it legal to discriminate based on whether someone is a first time applicant or someone renewing their medical? Similarly, is it legal to discriminate based on medical condition "XYZ"?


texts:
The mom holds B-1 visa (business visitor), can only legally stays in the USA one-half year. So the mom has to travel back and forth from the USA and her home country to get a new visa every half year so she can legally stay in the USA to accompany her 15-year-old son to high school.
The mom scheduled a trip on March 29, but because of COVID-19 the flight was cancelled. Once she got notice from the airline company, she realized that it's impossible for her to re-enter the USA in a short time. She found a host family for her son and noticed the landlord on March 15th that she would like to cancel the lease contract because of life change. The landlord never took action to re-rent the unit.
Yesterday (07/01/2020) the landlord emailed the mom, asked for 8 months compensate since there are 16 months lease left.
My question is: Are the reasons (mom can't stay because of COVID-19 and the son is too young to live by himself) legally justifiable reasons? Is the 8 months compensate reasonable?


texts: Old Employer Contacting New Employer to Threaten Regarding Future Contract(s)

texts:
I recently resigned from the company I was with after some strong disagreements about the direction and architectural decisions of some senior members of staff, and started work for a new one.
During my time with the last company, particularly the last few months, I have been very critical of them both internally, and afterwards to some people outside of the company fold. Everything I have said is provably true and there has never been any implication it is not. All of the criticism is of systemic issues that led to or ignored catatrophic problems with software systems design. Something my previous company has had publicised problems with before. Nothing I said was ever personal.
After two days of my new job my current company's MD called me into his office to tell me he'd received an email. He said this was sent from a personal email address, but from someone at my previous company (from what he said the implication is someone very high up -- probably the Director of the project I last worked on, based on the details he gave, though he did not give the name). The MD told me this email said that they should be watchful I do not continue to criticise my last company publicly in future, because if I do then my new company might forfit any right to new contracts with them and might otherwise find things difficult. This email included a recent example (which took place in the short period between my leaving the last company and starting my contract with the new one) where I have criticised my former company on a publicly discoverable forum.
The Managing Director was very nice about this. He said he didn't think there was anything wrong with what I said from their perspective: that it was an expression of frustrations with my previous employer which I'd made clear to them before I took the job with them. However, he said they haven't decided yet whether they will be attempting to renew/rebuild prior relations with my old company, or to go for them commercially and to take them on, on the basis that a similar product we offer is, he believes, of higher quality (I agree with this).
Though he didn't ask me not to express myself I understood that the situation was a complex one for them. I told him, as is the truth, that I have a lot of respect for what they are doing and I don't want to complicate the landscape. Though I did not directly say I won't be criticising my former company in obvious public ways in future, and he did not ask me to, I believe there was a mutual understanding that at present it would not be politic.
Everything has been fine since and I've been settling in well and positive relations with the MD have led me to believe there is no damage. However, the whole thing leaves a bad taste in the mouth, particularly since my previous company are much larger than my current and have a lot more weight to throw around. The thing that keeps bothering me is: are there any laws or regulations that might disallow this sort of 'unofficial' economic bullying? I don't intend to challenge directly at the moment and I don't see there would be any benefit to legal action or anything like that, but I would really like to know what the law is here because something about it just seems really off.


texts: Is there anything preventing me from digitizing old magazines (pre-1920) for free?

texts:
I have a growing collection of publications like Scientific American, Ladies Home Journal, and other magazines that are still in print today. Plus old books for publishers that no longer exist. They are all from prior to 1920. I'd like to digitize them so they are freely available to view online, and so people can search through them.
Is there anything legally that would prevent me from doing this? I have read through this question and it sounds like the answer will be 'yes, it's not allowed'. Furthermore, does that fact that a magazine is no longer in print (McCalls magazine for example) have any bearing on the copyright?


texts: I have a private lot parking permit but there are no spaces available, legal remedies?

texts:
I bought a parking permit for a private lot attached to my apartment but today when I came to park I found that no spaces were available. What can I do?

The parking spaces are not marked off in any way, people park where they want to.


texts:
I was side swiped on the interstate. The driver dented my rear door and smashed their front light. When the state trooper arrived, they took statements from me and the other driver. I asked if our statements matched, and the trooper said they did. He went on to say that based on the matching information from both parties, the other driver made an improper merge and was solely liable. The next day, I called the other driver's insurance company and was told they'd inform me when they took their driver's statement. After not hearing from them for a while, I called to find out that the other driver had accused me (to their insurance) of improperly merging into them and being liable. The insurance company is now telling me I'm liable, and that the damages could have easily been caused by me (though for that to be true, my car would have had to slide perpendicular to my axis of motion, which is impossible given the conditions, and ludicrous). The state trooper has a record, remembers the incident, and maintains the other driver is liable. The insurance company has told me twice in the past two days that they have attempted to call the trooper on his cellphone (verified correct number) without any response. The trooper says he hasn't answered or missed any calls from the insurance company or unrecognized numbers.

So the other driver lied to their insurance after admitting liability to a state trooper. Their insurance is now lying to me about attempting to access the police report. What do I do to get them to pay for my car to be fixed? I can't afford to do it out of pocket. Is any of this fraud? What are the repercussions for the driver for falsely accusing me of liability after admitting fault to the police? What are the repercussions for the insurance company for fabricating evidence to cover their inaction in obtaining the police report?

Also, my insurance won't touch it because I only have liability coverage, not collision or comprehensive.


texts: Is legal to block tracking cookies by tool (machine arrangement)?

texts:
I was browsing and suddenly my browser told me that blocked tracking cookies. (Of course some time before I was told that from now on it is able to do so.)

I wonder if it is truly legal to block third party tracking cookies on sites using tool let say en masse.

Usually any website provide option to give consent with storing cookies and I believe although I didn’t go through all the description notes that such announcement had third party cookies consent was noted by them.

It seems to me it is not fully legal. Or it starts to be illlegal when the site clearly declares that using cookies is part of their using agreement? Where is the boundary between the cases? Should I rely on browsers manufacturer law awareness?


texts: If a public pharmaceutical company came up with a cure for a serious disease, is it possible they could not legally make it available?

texts:
Publicly traded companies, for better or worse, have legal obligations to their shareholders.
If a publicly traded pharmaceutical company could make more profit for their shareholders by selling a treatment for a disease, instead of releasing a cure they discovered, would they be legally obligated to not make the cure available to the public?


texts: Can a landlord charge a tenant for professional cleaning?

texts:
I visited an apartment, which was ok, signed the lease, and when I moved in the landlord had the apartment professionally cleaned just before (which felt nicer).
As the lease ended, the landlord charged $450 for professional cleaning. The apartment was in a good state, pretty much the same as when it was visited. I'm asking the landlord to refund this.
The lease says  "(iii) clean Premises, if necessary, upon termination of the tenancy;". It doesn't mention professional cleaning. The lease seemed "standard".
Is the landlord in his own right? This is in Santa Clara, California, if it makes any difference. Thanks


texts: Is caching copyrighted content illegal in EU?

texts:
I found this question and this article on wiki about copyright aspects in EU. However they don't talk about caching (I found only this for US). Imagine the scenario where there's a service/website that lets you download copyrighted music for free. The end user can connect to the service and download it.
Now, let's say that I create an application that acts between that service and the end user. My application would download and cache the music into the device. The user, however, is not able to physically move/open/do anything with the music file. The only thing he can do is listen music through my application.
Is this considered copyright infringement? If yes, is it fault of the website, my application (that is in the middle) or the end user?
I would say that the website itself lets users download music (infringement) but my application just acts as an intermediary and even more, doesn't let you do anything with the music file (cached with cryptography). Therefore I wouldn't be in the wrong. Please could you clarify this?


texts: Land is inherited from great great grandaparents. The land was divided among my grandmother's mother and her siblings. Now, the land that we got, being the heirs of one sibling, already has a house built on it for almost 15 years now. How do I make them leave? What laws? Could the current residents claim adverse possession? We did not know about the land until recently, apparently the family, cousins, have been living in the lot sans taxes. They've been living there long before the land was divided and so happen my grandmother got the part where the house stands. My grandmother had been paying taxes for the long time, us when we found out after her death. Now these people refuse to leave claiming my grandmother's half-sibling owes them money. Although the sibling is recognized only my grandmother inherited the land. Can I have their house demolished? Do I have to pay them for the house?


texts: Who can initiate a criminal investigation in Canada?

texts:
I saw an interesting story in the Canadian media the other day. Several federal cabinet ministers and some prominent members of Parliament have allegedly given tax money to a Canadian charity that is a branch of an international charity that has allegedly given money in turn to well-known terrorist organizations. Various other countries and some major banks have already broken all ties with the aforementioned international charity. Also, the prime minister himself has appeared in videos urging people to give money to the Canadian branch of the charity. Giving money to terrorist organizations is against Canadian law.

If these claims are potentially true - and I don't know they are, not having seen the evidence, just heard it paraphrased by an alleged former intelligence agent - is there anything I can do as a concerned citizen to ensure that the claims are duly investigated by the relevant authorities? If so, what?

I've lived in Canada all my life but I have had very little to do with the legal system and do not know which occurrences get investigated and who initiates the investigation. Do I need to contact the RCMP (federal police) and direct them to this story? Or contact a Crown attorney (prosecutor)? Or can I count on the relevant agencies to initiate an investigation themselves because they monitor the media?


texts: Can you be added to a watch list for asking?

texts:
So the federal government (and possibly state and local governments) of the United States of America keep watch lists, for criminals, terrorists, suspects, and sometimes non-criminals.

I understand you can legally require the government to tell you if you are on a watch list, and information on it, using Freedom of Information Act (FOIA) request. But can any of these governments add you to a watch list, just for asking if you are on a watch list? Is there any history or proof of any of the governments in the United States of America adding people to watch lists for asking if they are on a watch list?

I am wanting to know if I am on a watch list, but I am afraid of retaliation, or additional information being collected on me from the agencies that are the enemies of privacy.


texts: Reeses "Game Changer" commercial: Copyright infringement

texts:
If you watch the commercial you'll notice that the half eaten Reeses cup is imitating a (Mr.) PACMAN eating the Reeses pieces as Pac man pellets. In the nature of the game, Pac man is constantly making turns to avoid ghosts and consume all pellets. In the commercial the Pacman look alike never makes a turn.

https://youtu.be/lYH19IVlumw

So were they just editing the commercial and we never see a turn? Or were they trying to avoid copyright infringement by not ever showing the impression turning as signature to the game?


texts: Can a US citizen who moves from Puerto Rico to Canada vote in the presidential election?

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An American who moves abroad maintains the status he had when he lived in the homeland. So a New Yorker who moves to Canada still can vote for his congressman, senator and the nation's president. (Quite exceptionally, the former New Yorker is also responsible to continue filing his state and federal tax returns but that's a separate issue)
Puerto Rican residents are usually US citizens but do not have the right to vote for representation in Washington, including not being able to vote for president.
So the question arises, what happens when a Puerto Rican moves abroad? Does he acquire the right to vote? Can it be that the former New Yorker and former Puerto Rican find themselves as neighbors in Vancouver, but one is eligible to vote for US president and one isn't?


texts: What should i do when my landlord breaks an agreement, and later invokes the 60 days tenant notice in Ontario

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My landlord refused to repair a big mold problem in my former apartment, when i told to the superintendent the mold in the apartment was making me and my kids sick, he yelled i should move out if i didn't like what was paying for, so i did fill the form and gave 45days notice. The overseer in the office didn't dispute the 45days notice because i told her it was because of the mold i was moving out.  20days after i moved out, a had a phone call from a collection agency on behalf of the Landlord saying i am owing them a month rent because i didn't give 60days notice.
The landlord didn't dispute my notice from the beginning, and there was a verbal agreement with the overseer.
Also the collection agency is threatening to take my wife to the credit bureau, and its my name on the lease, she is just a co-occupant.
Is this legal?


texts: Can an employer steal intellectual property?

texts:
Say someone wrote some software PRIOR to  employment at the company where they currently work.
They presented it to a CEO and three other high level employees of the company. They  expressed, what the creator considered, an extreme amount of interest in the software. They asked if the creator be willing to sell it, said that it was exactly what they were looking for, and asked the creator when and how they came up with the idea.

They also made sure to say that they would be in contact with the creator soon. However, the creator has yet to hear anything after a week. the creator has followed up, with no response thus far (24+ hrs).

My question is: What are the creator's legal rights to the software? and how would the CEO's counsel advise them to move forward with this? Should the creator be concerned about the potential for theft of the intellectual property?

This would all be, hypothetically, in Pennsylvania


texts:
A Florida homeowner association is violating its bylaws and statutes by performing action X.  Does one seek an emergency? preliminary? injunction from a judge to not perform X?  or is it a petition?
Assume the matter is time sensitive.  Any support in the form of a form or instructions is appreciated.
UPDATE: Assume the HOA action is a time & materials purchase that is nonrefundable: petitioners have filed for arbitration with the state authority to enjoin the HOA to follow statue & bylaw. The HOA has been notified of arbitration and is moving forward anyways: this is origin / driver of the question


texts: Can a nonprofit truly be controlled by its members, not a board?

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My understanding is that there are two main organizational structures for a nonprofit: one with a board of directors, and the other (only possible in some US states) to have a board of directors, where the members have voting rights to elect and replace members of the board of directors.

In this latter case, the members still only have indirect control. The board of directors has absolute control over the organization and could do anything they pleased with it, even against the wishes of the membership. (Correct me if I'm wrong.)

Is it possible to set up a nonprofit so that the members have complete control over the organization, in decisions large and small? I realize that seems difficult logistically--I have some thoughts on that. My concern here is how to do it legally. The members should feel they have the final say over what the organization does, even more than executive officers of the company or a board of directors.

Mainly, I greatly dislike the idea of a small, random group of directors being able to make decisions the membership would not want.

More specifically, I have a very unusual idea: imagine, say, that each member has a certain number of votes, based on how long they have been a member, how much effort they have contributed and how far they have proceeded through the group's educational program. Imagine that the founder, or founders, has a huge number of votes. In the early days, while the organization is small, the founders would essentially have total control. As membership grows, the founders' votes would represent a smaller and smaller portion of the total votes. Eventually they would only possess a tiny percentage of the total votes. They would be influencers, in a mild way, but would have little control. By this point the membership would be large enough that there would be no realistic chance of a special interest group seizing control of the popular vote and thus, the organization. This concept seems to me to be feasible, but I don't know if there's a way to get away with it legally in a nonprofit.

The most relevant post on this site would seem to be Is a nonprofit LLC required to have a Board of Directors?, but I'm not sure that it actually answers my questions.


texts: Is it legal to ask someone their birthday in an interview?

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I'm applying for a job where they want a lot of personal details from me. The HR rep specifically asked me for my birth date. I heard this is illegal, is it true? If relevant, the question was asked by email. Is it equivalent to asking ones age? I live in BC, Canada but the company (and the HR rep) are in Florida, USA.

Another thing curious about, the company did not want to see my ID but wanted a witness (or notary) to sign a contract saying they inspected my ID and I wasn't lying. To my experience this is unusual. Is this to avoid some kind of liability so the company never had my ID?


texts: Will the new australian telecoms bill allow to compel companies to build spy functionality into their software?

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According to https://parlinfo.aph.gov.au/parlInfo/download/legislation/bills/r6195_aspassed/toc_pdf/18204b01.pdf companies could be required to enhance their software to allow for spying. They would enforce this via a "technical
capability notice".

However, in Section 317ZG (p.84) they should not be compelled to build "systemic weaknesses". What is the difference here?

Changing software to allow spying leads to a weak system, or is it not?

Note: this is not specifically about encryption. This is covered separately in the bill.


texts: Remaining in the US Beyond I94 Date After Filing I-539

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My mom and sister got to the US in October and they were scheduled to leave the US on April 2nd. Their I94s expire on April 16th. I filed for an I-539 on April 9th. We never saw the Coronavirus situation becoming a problem and waited until the last moment to file the extension. I still didn't get a response from USCIS regarding the case. In that case, can my mom and sister legally remain in the US beyond April 16th until we get an official answer from the USCIS?

Further, as proof of having arrangements to leave the US, we weren't able to provide copies of return flight tickets because the airports in our home country are currently closed and don't know when they will open. Do you think not providing copies of return tickets will affect negatively for the request?


texts: Playing copyrighted music legally -> personal and small group usage

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I play guitar.  I just want to know what is legal or not regarding my playing copyrighted music.  I understand that performing in public (whatever that means!? Formal event? More than just me? Other?)), you would need to acquire permission somehow.
For me , I just want to play a song I either bought or heard on youtube for personal use or in a small group of friends or family or jam with another musician without copyright infringement. I just want to know if that is legal (or whether or not it depends on whether I’ve purchased the song.).
What’s legal (in Canada, but curious if it’s the same in the US)?


texts: Can I commercially publish a chess book containing chess positions that were played by real people?

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For my own educational purposes, I have written down a few chess positions over the past years. These include games that were played by real players at real tournaments.
Now I am thinking of publishing it, as it has grown quite extensive in size and is grouped around a common theme (winning combinations). It would be a "compilation of chess puzzles" of some sort, but with each puzzle being a real game that has been played by real people.
Can I do so, without putting myself in legal trouble? Here are my current thoughts:

I heard that you can ''publish'' positions, but you cannot ''publish'' annotations made by other people. I am not trying to use any annotations, I will make my own. Can I do so?
I also heard that the person who lost the game might view the publication as offensive towards him/his career, as it paints them in a bad light. Is this true?


texts: Does an author retain copyright of a work they have deleted?

texts: My photographer's standard contract asserts ownership of all the images she creates, and allows me to create prints for personal use. But she also says she will delete all images 3 months after supplying them to me electronically. I will hold the only copies. Does she still own them even though she chose to discard them?


texts:
Davies. JC Smith's The Law of Contract (2021 3 ed). p. 478 is part of the Glossary.

Obligee     a party to whom an obligation is owed.
Obligor     a party who owes an obligation.

Offeree     a party receiving an offer.
Offeror     a party making an offer.

Promisee      a party to whom a promissory obligation is
owed.
Promisor     a party who owes a promissory obligation.

I've read many English law judgments, and I always see Offeree/Offeror and Promisee/Promisor. I rarely see Obligee/Obligor. But aren't these pairs superfluous? How can they be distinguished?
If you're a promisee, you must've have been an offerree because you must have accepted the offer that you received! Similarly, if you're a promisor, you must've been the offeror!
Above, Obligee/Obligor and Promisee/Promisor are identical except for "promissory" in the definition for Promisee/Promisor.


texts:
Suppose there are two parties A and B.
A files DMCA against B and the material is taken down. Then B files counter notice against A.
Then google sends notice to A that unless A submits notice that they have filed a court order on the infringing material, then the material will be restored. So then A files a court order and shows proof to google. So as a result, is the material taken down or restored? Or is it dependent upon the outcome of the court action?


texts: Can I have "Amazon" in my company's domain name?

texts: I am developing a website that sells gift cards and at this point in time I am planning on selling only Amazon gift cards (in the beginning at least).  I'm at the point where I need to pick a domain name and register a LLC.  Would I be infringing any copyrights or trademarks if I named my company and domain name something like "Buy Amazon Gift Cards, LLC" and "buyamazongiftcards.com"?


texts: Why aren't post-mortem records protected by HIPAA?

texts:
Looking at the question Why are toxicology reports made public? and the answer provided, I have to wonder why aren't such records (autopsy results, toxicology reports, etc.) covered by HIPAA?

Looking at HHS.Gov it reads:

  The HIPAA Privacy Rule protects the individually identifiable health information about a decedent for 50 years following the date of death of the individual.

and yet autopsy and toxicology reports are treated as 'public record'.


texts: Is a forced marriage which was performed abroad recognized in the United Kingdom?

texts: My girlfriend is from the United Kingdom. A few months ago she was forced to marry another person and the entire thing was done in Pakistan. Will the marriage be recognized in the United Kingdom?


texts: Immigration status of airline crew members on layover

texts:
Say an airline is flying internationally into the United States, with flight crew or cabin crew with citizenship in one of the countries designated in President Trump's Executive Order(s).

Would these crew members be allowed entry into the United States for lay-over?

(Please migrate as deemed suitable.)


texts: Can an employment agency enforce a clause forbidding those who work for it disclosing for which companies they have worked?

texts:
This answer on S.E's "the Workplace" says

The employment agreement might prohibit disclosing the names of specific clients.

To what extent is that legally enforceable?
I can understand that I may not be allowed to say on my CV/resume that I worked for certain government departments, but how is it in general? Further, I can see how a government department can, and can require the agency to pass that requirement on, but I do not believe that such a clause by an agency would hold up, as it is liable to deprive the signer of the the means of earning a living.
Can Agency, Inc really take legal action if my CV and my statements at interview say that I worked at (not for) BigCompany, Inc, on a contract basis?
As per my answer to Working for a big company “through” another small company. Can I say I'm working for the first?

If you want to keep you conscience clear(ish), you could always say "I work at BigCompany, Inc" and let others draw their own conclusions.
I will enlarge a little.
I have been a software contractor for much longer than you have been alive, and use "I work for" since BigCompany gains from my work (more than the middle-man); they use the software that I develop, while the agent only takes a cut.
But, the important part here is where you ask

Now, the question is, am I wrong in writing on my resume that I'm a consultant for BigCompany?

You could do that.
2017 - 2109 BigCompany, Inc, Position: consultant
Personally, I put
2017 - 2109 BigCompany, Inc, Position: senior software engineer
But I would never, ever, ever name an agency on my CV.
The reason is that hiring managers in the industry can gauge your suitability from companies where you have worked. So, having experience at British Aerospace is of interest to a hiring manager at Boeing, etc

It may also be worth mentioning that I am security cleared in Europe and work on sensitive government/military projects, and find risible the idea that a potential employer not be allowed to know of my employment history.
Tl;dr - can an employment agency enforce a clause forbidding those who work for it disclosing for which companies they have worked?
I have added aunited-states tag, as that is where the original question is based.


texts:
Can someone be a director and shareholder of a company in UK without having rights to work in UK ?

Scenario:

2 Directors, one is British, second one is not british and there right to work is expired, even though they applied for ILR, it will take couple of months to come back. So they are allowed to live in UK under 3C but no rights to work.

Can a non british person be part of shares as share holder and director with another british partner in UK ?

Edit

To help others who want to know answer in future...

I was able to open the limited company but now it seems impossible to open a business bank account as they are asking for residence card which is expired.


texts: Does Article 27(1) of the GDPR apply to a U.S. controller using Google Analytics if it only sells to U.S. clients?

texts: If a U.S. controller who only sells to U.S. clients uses Google Analytics on their website, would it be required to have a representative in the Union? I am unsure whether Google Analytics in this case would fall under Art 27(2)(a), exempting it from the obligation in paragraph 1.


texts: Is a professor allowed to access my grade from a previous class not taught by them?

texts:
This question is prompted by a similar question on academia.StackExchange: Is a professor allowed to ask me what grade I got in a previous class?
This is in the U.S.
Obviously, FERPA was brought up. Comments and explanations in answers talked about what it means to have a "legitimate educational interest" in a student's grades. This question posed to law.StackExchange is about what constitutes "legitimate educational interest"?

Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

School officials with legitimate educational interest;

The majority opinion on Academia seems to be that a teacher wanting to know their student's pervious grades in a different class - a class which was a prerequisite for the current class - is a legitimate educational interest. The only reason provided as for why is that the teacher can use it to deny access to the class to some students or to adjust the class speed and/or content to better accommodate the students' level of understanding.
I suggested that teachers can get this information in other, better ways, and have no true need or interest in previous grades. For example, when I want to get a feel for the level of the class up front, I have given an anonymous quiz on the first day of class. Since it's anonymous, it is obviously not graded. Others still insist that teachers in this situation have a legitimate educational interest in the student grades.
One person went so far as to suggest that FERPA only denies the teacher in cases of idle curiosity. That seems wholly ineffective to me at that point, as any teacher could always get out of a reprimand by claiming "I heard this student was concerned about their standing and I wanted to see if there was anything I could do to help." You cannot easily prove that a teacher had only idle curiosity.
So the question is, in a nutshell: Legally, what has FERPA's "legitimate educational interest" been interpreted as meaning, strictly? If this has ever been tested in court for any grey areas like this (ie: not cases of negligence or idle curiosity), that would be great.
My personal interest in this is to get a better idea of when FERPA denies access to student records and when it does not. I am concerned, as the interpretation of some people of "legitimate educational interest" makes me wonder if FERPA does not really protect our privacy in practice, since negligence and idle curiosity should already have been grounds for workplace discipline for school officials in any competent school.


texts: What is the punishment for buying ammo after being involuntarily mentally hospitalized?

texts:
It seems to me this could be misdemeanor or felony but I'm not sure.
So states have background checks which seems like the right answer.


texts: Are there any restrictions in international law on charging a person to return to their own country?

texts:
I came across evidence today of a country that charges its own citizens $10 to cross a land border back into its own territory.  Since I have never come across this before, I was wondering whether there are any common treaties or principles of customary international law that would normally restrict this?

I was thinking along the lines of Article 13.2 of the Universal Declaration of Human Rights, "Everyone has the right to leave any country, including his own, and to return to his country", which presumably extends to people that don't have $10.  But I realise the UD does not have much status internationally.  Is there anything else?


texts: Is an employer rule mandating face coverings on their grounds enforceable even when employee is off work?

texts:
My employer (a private college in the US state of Maine) has a new rule mandating face coverings for employees, including in outdoor settings on their campus. The campus is open to the public to enjoy the grounds, and there is not a rule that the public must wear face coverings while on the grounds.

If I visit their grounds in my time off, am I breaking the rule if I do not wear a face covering?


texts: Do I need a star's permission to write a fiction TV series inspired but not exactly as his life?

texts: I want to write a fiction TV series inspired by a true love story between a star and his fans except that I'm going to represent the fans as an actual female character and make it a romantic series. Also this star has had a girl making up false rumors (scandal) about him and a I want to include that in my TV series although I still don't know whether to use the same scandal or makeup another one according to what the story needs. So I want to know: Do I need that star's permission first to write that series?


texts: Can an employer fine an employee in Virginia?

texts:
My son just started a job with a franchisee of a well-known delivery company. The franchisee is located in Virginia, and some of the items in the employee handbook sound fishy to me. He was given a sheet that listed several offenses along with the associated monetary fine.  Three which stood out were:

Excessive tardiness and absences - $200
Failure to clean the delivery
truck - $50
Accident  - $200 per pay period,  "until the company is made whole"

I have no idea how they plan to impose these fines, immediately make him pay or withhold the amount from his paycheck, but I would think that the only recourse an employer has for failing to perform assigned duties is termination, and a civil suit for actions that cause financial harm.
Is this a case where employment terms, no matter how onerous, are allowed, or does this company have no idea what they are allowed to do with their employees?


texts: Can a spouse get an Indian visa & OCI for a US-born child from an EU country, if the husband is in India?

texts:
I have heard both parents need to be present in same country for applying minor's Indian visa, with only exception of death or divorce.

Note that - Father is not in the same country as Mother. Parents of child are married.

I have the same question for obtaining OCI, if father is in different country.