texts: Is it a HIPAA violation to use a personal email to set up a medical billing account at work?

texts:
This question from the workplace stackexchange asks:

I recently resigned from my job ... in NY ... Now I am being asked to tell them all my usernames and passwords for websites I used for my job as a medical biller ie, insurance websites, Medicare, eligibility websites and so forth ... Do I have to give them this information? We don't have company email accounts. So I had to use my personal email to set them up.

My response was that there were probably HIPAA violations involved in this, and she shouldn't give them any information without consulting a lawyer. I've gotten quite a bit of pushback on this of the "you're not answering the question asked" variety, with explanations of "frame challenges" and the like. But I was concerned that the OP was opening him/herself up to potential legal problems, so I thought I would ask on this site.
I realize that there isn't enough information in the question to make a determination as to whether HIPAA violations exist, but does this question suggest that the company has some underlying issues with data security that could rise to the level of HIPAA violations? And could the OP be providing evidence of complicity (albeit unwitting complicity) in such by providing the usernames and passwords they request? And would it be a good idea for the OP to seek out legal advice before doing as the company asks?


texts: Collecting consent for online surveys in the UK

texts:
Where/what are the laws pertinent to collecting consent from participants before they can participate in an online user study?
The most official ting I've found so far is this gov.uk guidance, but it doesn't seem to be legislature.


texts: Is it legal for a car dealership to change the lender on your loan without notifying you and/or resigning?

texts: Context: I live in Seattle and bought a car earlier last month, when we found the car we wanted and negotiated a price we got our loan financed through a particular lender. Fast forward a couple weeks later I noticed that my loan didn’t show up on my online banking as I already had other accounts with this credit union so I gave them a call (I thought maybe they didn’t link it correctly or something small) but they told me there was no record of a new car loan or a pending loan. So I went down to the dealer and the dealer said there was an issue with the credit union honoring their initial rate so they changed it over to chase without notifying me, I also asked for a copy of the contract and they refused. So now I’m a little frustrated and need to know more about what my rights are and what I should do next


texts: What is it called when a country's laws apply to its citizens outside the country?

texts:
Suppose that a European country X (e.g. Germany) has a law against adults sleeping with people under the age of 16. Such a law, in this instance, would apply to anyone in German territory.

But suppose the law was that a German citizen isn't allowed to go to Asian country Y, where sleeping with 15 year olds is legal, and do in that country what is illegal under German law in Germany.

What is that called? The term I was thinking of was "extraterritoriality," but I was told that was a situation where the German was exempt from the law of the Asian country, e.g. China in the early 20th century.


texts: I live in Germany. If I buy something from England and it does not, or cannot work in Germany do I have protection with the 2015 consumer rights law?


texts: Can I intervene to stop police brutality?

texts: For example, in an Eric Garner type situation - if I see police on a guy's back. The guy is saying and demonstrating that he can't breathe. Can I physically pull or push the police officer, in order to save the person's life?


texts:
I've often seen it in answers and comments on this site, that if you want to sue someone, then just go ahead and sue, don't tell it them beforehand. It's often repeated as some kind of dogma, I've never seen explanations for it.
So, what are the exact advantages of suing someone without warning? I doubt it's the effect of surprise, and they will have plenty of time to consult their own lawyers before anything crucial happens.
That the following example: Alice wants to sue Bob, because he caused her some damages. The damages are high enough that she wants to be made whole, but not as high that a lawsuit would be surely expected. Let's also assume that both know that Alice will have very good chances of winning if it comes to a trial. At first Alice asks him nicely to be repaid (without mentioning a lawsuit), and Bob refuses because he thinks that Alice won't bother suing over such a thing. At this moment Alice could say that if he doesn't repay the damages she will sue. Bob would then have an incentive to pay, as he now knows that Alice is likely to sue and if it comes to that, he will likely lose much more (legal fees, time, etc.) So it would be optimal for both of them if Alice tells Bob that she will sue, as both of them would be saving time and money if he just paid her without going to court.
So, in the above situation, why should Alice just sue Bob without first threatening/warning/telling him? What would she lose by trying? (and is there a difference if the jurisdiction does or doesn't have a "loser pays both parties legal fees" policy?)


texts: Moving with my children to the US after marriage

texts:
What would I need to do to have my minor sons move to the states after marriage?

My boys are 11 and 13. I plan on marrying my fiance who lives in Washington, but I will not move without my sons.


texts: State AG mediation of consumer complaints

texts: I was referred to my state Attorney General's Office (AGO) for mediation of a consumer complaint I filed. How effective will that mediation be?


texts: Why would a corporation waive its legal costs in a lawsuit against a poorer litigant?

texts:
Referring to  Cavendish Square Holding BV v Talal El Makdessi (Rev 3) [2015] UKSC 67, this website alleges (The judgment itself doesn't reveal this):

  Moloney did however allow the decision to be appealed and arranged for the case to be fast tracked to the Court of Appeal. Of the two defendents, Barry Beavis decided to appeal, Wardley settled.  ParkingEye agreed to waive their legal costs allowing Beavis to appeal without fear of huge costs should he lose. [I bolded.] Sa’ad Hossain QC agreed to represent Beavis the case on a pro-bono basis.

In Delta Air Lines Inc. v. Lukács, 2018 SCC 2, Abella J. wrote:

  [67]                          I would allow the appeal and restore the Agency’s decision. Delta is not seeking costs.

In both cases, waiving their legal costs disadvantages the (corporate) appellants, because legal costs can deter a litigant. So why disadvantage themselves? Please see the question in title.


texts: Why aren't politicians personally liable for broken campaign promises?

texts: When a politician breaks a campaign promise, aren't there measurable damages to voters and donors? When a politician says something to make money, and doesn't do it, how is that different from fraud?


texts: paying mortgage on a disputed property, is there relief?

texts:
I have a property that I've owned and paid for since 2008.
I have allowed my parents to live there and have paid the mortgage. This January, my parents agreed to pay rent, paid for January and February, then decided they had half ownership of the house and stopped paying rent.
Now I'm stuck paying the entire mortgage, in addition to an apartment where I live and work, while the title is stuck in a legal dispute with a hearing set for more than 3 months out.
Is there anything I can do to get relief of the mortgage payment in the meantime? Maybe something we could file with a judge to force them to move out to sell the place, then continue dispute over how the proceeds are dispersed?


texts: I am a student just doing some freelance work over my summer break. I call myself a web "designer" as people in my country are more used to that term when they want a website created. I develop websites according to my client's needs using free GNU licensed themes. I let my clients know that I use free templates and do not charge very much. In my website, I want to show the work I have done in my portfolio (somewhat claiming that I designed the websites). However, I did not design any of the themes I use. Is this illegal? Will it still be illegal if I state that I did not design any of those websites myself but I'm merely a developer using themes? Thanks!


texts:
If a survey is being done, either for scientific purposes or to collect information inside a workplace, is it legal to lie in it? For example if the workplace wants to know how many employees have peanut allergies, would lying about the answer be illegal?
Does it make a difference what type of relationship you have with the party presenting you with the survey, for example if it's if given to you at your job vs customer satisfaction at a coffee shop you visited?


texts: What allows song lyrics to be used as titles in someone else's work?

texts:
My question was inspired by this question on Writers SE. There was a debate as to whether a person could use "non-generic" song lyrics as titles (e.g. for chapters) in their own work. One person opined (in comments) "I would not use, 1) 'I Wanna Hold Your Hand,' 2) 'Ticket to Ride' in such titles.

Yet, someone other than the Beatles produced a game called "Ticket to Ride". What allowed this? Did they get permission from the Beatles? Is it that titles are not copyrightable? Is it that the Beatles never trademarked their songs?


texts: Lets say a person has been "Terry Stop"ed. The person does not carry any id with them. As the Police continue to question the individual, he advises them that he will be remaining silent and not answering questions without an attorney present. The police don't have any probable cause for an arrest but are annoyed by this persons refusal to cooperate. They decide to charge the person with "obstruction of justice" and arrest him. Is this a legitimate arrest?


texts: Closed-source licence that limits liability and warranty

texts:
Is there any software licence that I can freely grab that only limits my liability while not additionally allowing any distribution and have other open-source permissions? Since what I understand is that my software is copyrighted to me unless stated otherwise, and the only part I really NEED in my lincense is to protect myself. So since I would rather not spend my time figuring out how to put together legally binding lincense or spend a lot of money on lawyer for a pet project of mine (that I want to try to profit from). Since it seems to be relevant, I'm from Europe (Poland).

Would something like part taken from unlicense.org be suitable?

  THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
  EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
  IN NO EVENT SHALL THE AUTHORS BE LIABLE FOR ANY CLAIM, DAMAGES OR
  OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
  ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
  OTHER DEALINGS IN THE SOFTWARE.


texts: Am I obliged to reveal my religion when exchanging the ID card in Poland?

texts:
My ID card in Poland will expire in few weeks, hence I need to apply for a new one. I want to take a photo for the new ID wearing head cover that is common in my religion. However Polish law regarding requirements for photograph for ID seems to contradicts the constitution here.

One can only take a photo in the head cover if one belongs to any religion.

The law states (article 29.3 Ustawy o dowodach osobistych) that I need to reveal my religion to the state by showing confirmation from my church that I belong there. However the constitution (article 53.7) says

  No one can be required by public authorities to disclose their worldview, religious beliefs or religion.

My religion is not registered formally in Poland (though it is in some other countries in the world). The registration process is in-progress since 2012 and currently the case is at ECHR but I don't think it will be finished anytime soon.

Which law would take priority here?


texts: Schengen Area: What was the legal rationale for countries extending Temporary Reintroduction of Border Control beyond Nov. 2017?

texts:
(This is not about the coronavirus pandemic, which I understand is a different issue, but about the six countries that had already been maintaining border controls since related to migration and terrorism since 2016.)

Could someone explain to me the legal basis of Germany, Austria, Denmark, Sweden, and Norway's extension of "temporary reintroduction of border control" declarations past the original 2-year deadline in November 2017? I'm trying to understand what the legal justification was for that, and I just keep getting more and more confused the more I read. Was the Commission's recommendation of September 2017 on extending the time frames adopted at some point? Or did they find some other loophole?

I have found some media references to them "switching to France's strategy" (which I don't understand well either) or switching from Article 29 provisions to Article 25 provisions. But when I read the Schengen Borders Code, I can't find anything in Article 25 that I can manage to interpret as allowing unlimited extensions.

I understand that there's an argument that what these five countries and France have been doing is indeed illegal, but I want to also understand what their own lawyers' argument would be for its legality.

Thanks in advance!


texts: Can a private chat conversation about someone be considered defamation?

texts:
I recently commented on a Facebook post of a friend and suddenly got messaged by someone who was involved in the post.
This person is in fact part of my social circle, however we are not close, we just share friends.
This person stated that, one of the person's involved in that post, was a "disgusting pedophile"(this was not out of the blue however, we talked about other subjects before that).
I, personally don't know the other person, however when I asked why didn't he go to the police to report, he promptly changed the subject, then, I kept asking on why that person in particular was a pedophile, since this is a concern to me(I have a small sister who could be endangered, since the accused is part of the same social circle), after that, he blocked me.
Afterwards when talking with some friends, I learned that on several occasions he has made the same accusations about that person, to different people.
Later on, I found out that those two actually don't get along and have a very strong hatred for each other due to political views.

I'm not close to the accuser, and I don't know the accused person. He could in fact, be a pedophile, but, given the lack of evidence and the fact that this person keeps spreading those accusations, could those messages he sent me (and to others) be used as proof of defamation?
I'm heavily considering on sending those to the accused, since this feels the right thing to do.


texts: Does a non-disparagement clause in a settlement cover the oppositions attorney?

texts:
A few years ago I started to have some disagreements with another party.  At the time I had transacted less than $5000 in business.  They involved a lawyer, and things got really ugly, really quickly.  They sued, and then we settled out of court, but it cost me over $20K in legal bills.   Most of this was time wasted in negotiation of a very simple settlement - I feel like the other attorney was intentionally prolonging the process.  I have no idea how much it cost the other side.   Looking back, I feel strongly that this lawyer intentionally stirred the pot, perhaps even misrepresenting me to them or them to me.   I've also heard of another case were this same attorney intentionally made misrepresentations in order to create an ugly legal situation almost out of thin air.   Now I'd like to say something to somebody - or just post something online saying "this guy is a horse's ass."  However, I have a non-disparagement clause in the settlement which seems like a standard one, saying that I can't disparage the business, including "officers, directors, agents, attorneys," etc.  On the one hand, this guy was their attorney at one point in time, so from the wording it would appear that this would cover him. However, he has no public affiliation to the business and my calling him out online wouldn't cast their business in any sort of negative light, and of course he gave me no considerations in the contract. I would think that the other side would never pursue this sort a breach, except for the fact that there is a liquidated damages clause - so in theory, this attorney, who likes to stir things up, could tell them - "hey this guy disparaged your attorney - you win liquidated damages."

Is there any sort of clear answer here? Assume for the point of argument that I'm smart enough to disparage him in a way that will never by linked to his former clients.

Edit : More specifically, I would like to disparage their attorney for things he has done that are not related to my case. In particular, this guy has been sanctioned by the court for this kind of thing in another case.  (Not my case, not pointing back toward me or my adversary.)  The point would be to protect other businesses who might be misled into thinking that his services will provide an efficient resolution to similar situations.     I should also point out that the Company has their own in-house attorney which would clearly be off-limits for me.

There's part of the settlement that says I can't publish information about the settlement "for any reason" so I hesitate to give the text of it (for all I know there could be some unique quirk that may allow them to find me if I do ) - but it appears to be pretty standard - I've seen similar agreements online.  Someone asked for the clause so here's one from a different contract that is more-or-less the same.

(Both parties) agree that they will not .... directly or indirectly, in any capacity or manner, publicly, by press release or similar public statement to the press, ...  make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, Citizen A, Company B or any of its directors, officers, Affiliates, subsidiaries, employees, agents, attorneys or representatives (collectively, the “Company B Representatives”), or that reveals, discloses, incorporates, is based upon, discusses, includes or otherwise involves any confidential or proprietary information of the Company or its subsidiaries or Affiliates, or to malign, harm, disparage, defame or damage the reputation or good name of the Citizen A, Company B, its business or any of the Company B Representatives.

Also, it's in the US.  I won't be more specific, just in case.


texts: In Canada can employer force employees not to discuss wage?

texts: In Canada can an employer require its employees not to discuss wages (either internal or external of the company)? What if the employee signed a confidentiality agreement where they agreed not to discuss wages? I would really appreciate citation from authoritative sources.


texts: Injury to hotel guest due to negligence on hotel's part

texts:
We are residents in Germany and are holidaying in Mallorca, Spain.

Last night my wife suffered a deep cut to her toe because the bottom edge of a glass door in our room does not have adequate protection.

Does the hotel have liability for my wife’s injury? Are we entitled to a compensation for the personal injury caused?

See attached photo for additional detail.


texts: Can Google legally host images for its search results without permission?

texts:
Google crawls websites, and downloads the images to their servers along with the related metadata. These images are then presented to the user when searching Google for related images.

If the owner has a copyright notice up on the website, how can Google legally host this image copy without permission?

Would the content owner be able to claim damages for loss of profit due to lost advertising views?

All in a theoretical sense; I'm just interested.


texts: When has Judicial Review not been the process used to deem an act unconstitutional?

texts: Are there any examples where Judicial Review has not been the process used to deem an act unconstitutional?


texts: What does "surety and scholar initial" mean

texts: I have received an award letter of a scholarship which has terms and conditions to be printed on a non-legal stamp paper. There are 4 pages and at the end of each page there are the terms "Scholar Initial" and "Guarantor/Surety Initial" side by side with a short blank line above each, indicating that something needs to be written on it. What do they mean and what should be their purpose?


texts: Is it illegal to secretly record someone without their permission in UK?

texts:
A woman has me house sitting for her while she is on holiday at the minute, now I had to stay 1 night in the living room as she was still here but 2 days after she left I have found a recording device for video + audio in the living room, I just want to know is there anything I can do about this? I have gotten changed in this room and to find that she has been recording me the whole time without my permission live to her phone or laptop has really frightened me and I just want to know if I went to a solicitor about this would it stand in court. She has really invaded my privacy by doing this and I'm scared incase she has cameras in every room. I hope someone can answer my question please

I just want to add, she never needed me to sleep in this room as she flew out Monday at 10pm, she told me she needed me to arrive early Sunday morning/afternoon as she flew out early Monday morning but then told me her real times when I arrived. She also offered to pay me if I came on Saturday to stay on the sofa bed and I have conversation proof. She wanted me over 2 weeks prior to her flying out to stay on this sofa bed without my knowledge and kept hassling me about have I booked flights until I pressured her on her dates and made an excuse that I was busy on the Saturday as i wasnt comfortable staying with a stranger for that long.

I visited her 2 months ago to let her feel more comfortable with me in her home and she showed me around, this camera was never there. This device only holds footage for a period of 24 hours unless it is saved and it only records once motion is activated, it is all uploaded directly to her phone through the canary app so I can't question her about this until I have money to leave but she will delete any saved footage once questioned. I took pictures of the serial/model numbers to prove she bought this specifically for the intention of spying on me knowing well that this device would be recording me in my sleep as it is equipped with night vision. She is oblivious that I know about this, I have switched it off as I am only 20 on my own in London and this is really worrying me that she could have footage of me naked and sleeping, she is also on holiday with her husband so I dont know if they're both watching it.

I've tried contacting solicitors but no one can give me a straight answer, with the added knowledge does anyone think this will work out if I take her to court? I don't have much money for it but I cant let her away with this, it has really worried my safety


texts: What consequence if an attorney loses critical evidence of their client?

texts:
Client gives notice to attorney of potential issue. Later, some tangible item such as a document causes emotional distress / mental breakdown of the Client that escalates the issue to a potential tort.

Client retrieves the tangible item from tortfeasor, and immediately goes to attorney's office and delivers the item to the attorney as evidence.

Attorney agrees to secure / store evidence, and later files lawsuit.

Later, attorney claims Client did not deliver the tangible item that had caused their emotional distress. Assume there are other evidence to prove Client's case.

What is the consequence of the attorney losing the tangible item? Would this item be critical evidence since it was the cause of the Client's emotional distress / mental breakdown?


texts: Hypothetical: "War as Text" lawsuit in Cryptonomicon

texts:
In Neil Stephenson's book "Cryptonomicon" there is an account of legal battles over a poster that was designed for an academic conference on "War as Text":

  [The artist] started with a black and white half-tone photo of a haggard World War Two [soldier]. He worked this image over with a photocopier, blowing the half-tone dots up into rough lumps like rubber balls chewed by a dog and wreaking any number of other distortions on it [...]. Then he added a few elements in colour; red lipstick, blue eye shadow, and a trace of a red brassiere strap peeking out from the soldier's unbuttoned uniform shirt.

The book goes on to describe how the soldier is subsequently tracked down.

  The artist who made the poster then confessed that he had simply copied it from a book. [...]. High-powered trial lawyers converged on the small town in Kentucky [where the soldier now lives]. [...] The veteran announced that he was filing civil suit against the [conference organisers]. The organising committee pulled the poster from circulation, which caused thousands of bootleg copies to go up on the World Wide Web [...]. They also filed suit against the artist, whose net worth was about a thousand dollars and debts (mostly college loans) amounting to sixty-five thousand.

I know this is all fiction, but do any of the parties in this have any actual grounds for a lawsuit? The book publisher and original photographer do not figure in the story, but the poster seems to have been both transformative and fair use. The soldier's case is not explained. Does he have some kind of libel or invasion of privacy case?


texts: Relative legislation and legal consequences

texts:
My exes girlfriends mother accidentally  transferred money  into an old bank account of mine. I Only discontinued use 3weeks ago Due to opening a joint account with my new girlfriend. The account was in arrears and automatically took some of the money. I moved the remaining amount into my current account to avoid further debits being made from the money. My ex has signed into my bank account without my consent, on multiple occasions. She has then provided her mother,  friends and and family court lawyers with information pertaining to my previous account. I have the detailed activity report with dates and times my account was unlawfully accessed, I also have copies of account specific information being provided by these people. I want to know if there are any laws that protect Me and have her reprimanded for the invasion of my privacy And sharing my financial details.

EDIT:
We've been separated for over a year and she accessed my account when we first separated as well. I requested her to not log in to my account again and she hadn't up until now. I still have the same account details however.


texts: What if your cargo accidentally becomes a weapon while on a plane?

texts:
As far as I know, it is illegal for passengers to have weapons on a plane. Usually you need clearance to bring it as cargo as well.

What if you accidentally make a weapon while on a plane?

For example, let's say you have a sword mold with some pykrete fluid. By itself, this is not a weapon, just a sword mold with wet toilet paper in it. Now let's say that the airplane staff put that near something really cold of another passengers. This causes the pykrete fluid to freeze into pykrete. Now you have a fully functioning sword (see the link). Which of the following happen?

You get in trouble since your cargo is now a weapon
The airplane staff get in trouble since their actions created the weapon
The passenger that brought the cold stuff is considered an accomplice to the above
Ice Sword isn't allowed through security, and must stay on the plane until it melts

I'm looking at this in terms of regulator laws of the airplane industry. Taking into consideration specific rules for different airline companies is not necessary.


texts: What exactly does "Copyright © [year] [company]" on a website entail?

texts:
Almost every website has some variation of "Copyright © [year] [company]" at the bottom. Sometimes they also add "All rights reserved".

What exactly do those terms entail? My biggest concern is this: by writing that, is the company claiming to own everything on the website, even potentially copyrighted user-submitted material?


texts: Does GNU General Public License Persist When Changing Source Code Language

texts:
Recently I rewrote a very small PHP program (~300 lines) under the GNU General Public License into an equivalent C# program and it made me curious where the new program I wrote stands legally. Is the C# code I have written still under the GNU General Public License since it was converted from the PHP program?

The new code I have written is a direct - almost line by line - translation of the PHP program into C#.  After the translation I added a few additional features to it I needed that were not in the original PHP version.

To be perfectly clear, this is mostly asked out of simple curiosity. Regardless of the answer, I am at the very least planning on giving credit to the author of the PHP program and providing a link back to his code.


texts: Microsoft C++ Build Tools (2019) not allowed for use with Visual Studio Code?

texts:
Technically, it seems to be possible to use Visual Studio Code as IDE for C++ development in combination with the Microsoft C++ Build Tools (2019), see https://code.visualstudio.com/docs/cpp/config-msvc. But the license agreement for the Microsoft C++ Build Tools 2019 seem to forbid that:

  "You may install and use any number of copies of the software to use solely with Visual Studio Community, Visual Studio Professional, and Visual Studio Enterprise, to develop and test your applications."

There is no Visual Studio Code mentioned. I do not get this.

(My initial concern was to evaluate if it is legal to use the combination in a commercial application without purchasing a license from Microsoft for Visual Studio.)


texts: Is it illegal to spray weeds on another person's land without permission, and thus to harm animals?

texts:
I am in England.
I rent a field off an elderly friend who can no longer tend it. I use it as grazing for 2 horses.

A local farmer who is clearly obsessed by weeds is regularly going round the local verges and field spraying various "weeds." One of the fields he has sprayed is the field I rent.
I must note I have not witnessed him in the field however nettles in the field died at the same time and in the same way as nettles on a nearby verge that I saw him spray.
Several days after the nettles died I noticed both horses had weeping blisters in their mouth, however they healed soon after with the help of some ointment (hopefully no long term harm done.)

Is this behaviour illegal and if so who should I report it to? Local council/defra/police?


texts: How do product liability cases work in the US?

texts:
Upstate New York (US) here.

Say I am a small-time maker of some simple electronics product. The product is tested/certified as being compliant with all applicable consumer safety (EMC, SAR, RF, EM immunity, etc.) standards. And because of this, I am able to obtain Product Liability insurance from some carrier.

Now, one of my devices fails and causes a house fire. The homeowner sues and I lose the suit, however, not because this particular device was built improperly or out of band from our (again, tested/certified) practices. It simply failed, which, sometimes electronics do.

Now I wish to file a claim with my Product Liability carrier. How does this work?

The court is awarding X in damages, and I am required to pay by Y time. However, the claim might takes months to go through and be approved. So, from an insureds perspective:

When should the claim be filed?
What happens if the insured is required to pay before the carrier has time to approve/deny the claim?


texts:
Lets think there is a virus that acts like a software. Its acting like a regular software. It's installation is visible to user and again like a regular software, it asks user to accept its End-user License Agreement.

Everyday, we all install softwares to our computers but none of us actually read that seven page long and legalized agreement. We all just accept that without reading it to enable installation process. I see a great opportunity for malicious guys here. Someone create an adware or some kind of spyware, maybe a botnet client, and publish it as a regular software or maybe embed it to a software itself. That guy writes a complete detailed EULA that explains what that virus can do (send some data to third-parties), what virus allowed to do (download and run its so called 'updates'), what virus won't do and adds its disclaimer says any damage that this system or data take is something that software is not responsible.

Can a spyware or a virus act legally with EULA?

Is this a valid against court of law? Can a virus harm our computers and costs us money and effort, or just send our computer data to third-parties, is this agreement restricts us to sue that software or its owner and make this actions legal? Are parental control softwares, observation systems and remote access softwares do something like this?


texts: PA Right to Know Law : could a person ask the local police department what records or information they have on a former resident of the town?

texts:
This specifically concerns Right to Know Law in the State of Pennsylvania

Under PA Right to Know law, could a person ask the local police department what records or information they have on a former resident of the town?


texts: What to do if complaint is submitted as feedback

texts:
As it stands the UK definition of a complaint is currently:

  We treat as a complaint any expression of dissatisfaction with our
  service which calls for a response

Now as far as I'm aware you have to proceed with a complaints handling process if a complaint is submitted. However, if feedback was submitted into a form but fits the definition of a complaint would the same procedure need to be carried out?

I've searched the .gov website and I've found this page
 which shows me how they handle complaints but they do not openly advertise how to get here. (I did a Google search) Whereas other companies openly have the link in the footer.

Do both forms need to be equally visible if presented on a website? Could you for example have a feedback form on the main page but put a link to your complaints form in the footer?


texts:
I suffered significant personal injury after taking the drug Seroquel for seven years. A class action lawsuit was settled against the drug maker, Astra Zeneca, in 2010. According to this article (https://www.natlawreview.com/article/us-supreme-court-limits-potential-repeat-class-actions), my understanding is that once a class action case is settled another similar class action suit cannot be brought forward. Is this correct?

I was never a member of the original class action settlement.

If this is correct, does it bar me from pursuing an individual lawsuit?


texts: Is the power company responsible for trimming trees with power lines running through?

texts:
Previous tree trimmers would not approach areas of trees near the lines in St. Johns County Florida.  They indicated power company owns this.  Power company claims that they are near service drop and is customer responsibility:  in limbo.

Although the tree is on private property, the lines do run through the trees.

What is the process to determine if FPL (power company) owns this responsibility of trimming tree branches proximal to power lines?


texts: If a resolution to a dispute may involve breaking a previous contract, what should be signed to agree not to take legal action?

texts:
Disclaimer: I'm not looking for legal advice.

This is a bit of a follow up to this question. I had signed a lease that automatically switches to month to month but the landlord had admitted he made a mistake and needs me out. We have agreed on a price he will pay me to move out at the end of this month.

As @jimsung mentioned, I would technically be breaking the law if I moved out as I failed to give one months written notice to end tenancy.

Is there some sort of form to sign, such as "agreement not to sue" as we have resolved the situation ourselves, regardless of any contracts?


texts: Is it ok to use the same app name as other, unpopular apps?

texts:
I'm currently developing a webapp for language learning in the hopes of turning it into a profitable business. I've been mulling over a certain name for a while though I've looked through the google play store and chrome add-on store and both have apps named virtually the same thing. They're all still in the same domain as mine (language learning with emphasis on vocab retention), but none of them have been updated in the last few years and they all have very few users/downloads. None of them seem to be trademarked.

If I ended up using this name and it takes off, should I be concerned about any of this?


texts: What are the exact charges Fort Worth has dropped in relation to the recent unrest in the US?

texts: Fort Worth has dropped all charges against people arrested for "rioting" related to the George Floyd protests.  This seems insane to me, which makes me think there is more to this story.  What exactly are these people charged with?  Does it include looting, burglary, throwing things at police, and other things like that, or is it just people who were out past curfew?


texts: Business sending personal info to a random email address

texts:
Is there a recourse against a business sending personal information of a customer to a wrong email address?

For example, if I provide a correct email address to the business through an online form, but, (1), their representative cuts out a significant part of the username, or, (2), their systems somehow mangle it, in a reproducible fashion such that the resulting address is still valid and belongs to someone else.

What if they send the full name and credit-card/billing/shipping addresses, and possibly some credit card details relating to an order, to such a random email address, what recourse does the customer has against such a business?

What if the business refuses to correct email address, claiming that the order has already been made?  Would that be an extra count of negligence if they continue mailing information to such a wrong email address?


texts:
Imagine a person who has worked for a big corporation for thirty years. He wants to work another five years before retiring and drawing a pension. However, if he chose to quit today, he would still get a monthly check, albeit smaller than if he waited.

But he suddenly gets fired. Is the company required to pay him the same pension they would have paid him if he had voluntarily quit?

EDIT

I forgot to state a location: Washington State, U.S.


texts: MIT licence: can my application be uploaded in the iOS App Store?

texts:
I am developing an application that uses a library which has the MIT licence. As far as I understand, to use the library it's enough that I include a copy of the MIT licence in my software, and that the application is free.

But:

Am I allowed to upload the application in the App Store for free?
Am I obliged to make my software open source or I can keep my code secret?

Edit
MIT License

Copyright (c) [year] [fullname]

Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.


texts: Federal prison and congressional testimony

texts:
Assume an individual has been convicted and sentenced for United States Federal crimes and is serving his sentence in the appropriate Federal prison.

Then, he is subpoenaed to testify, under oath, before some Congressional committee(s) in public session. The prisoner is willing to testify.

Must the prison authorities make the prisoner available to travel to the Capitol?

Or:
   Can they substitute making the prisoner available at a suitable facility at the prison?

Or:   Can they say they'll get back to Congress at the completion of the individual's sentence?


texts:
I know in some, if not all US states, that blocking your license plate from being read is illegal.

There are companies that sell license plate blockers.  Granted, none of the products actually work.  I dont believe that the fact they dont work prevents them from any prosecution. Not to mention it is false advertising.

Then why are companies that sell products that are solely advertised for blocking cameras from taking photographs of your plate allowed to exist?


texts:
I'm trying to interpret my contact and work out whether I'm entitled to time off in lieu if required to attend training. I normally have a fixed set of working hours per day.

It states that I may be required to attend training and that this may take place outside of normal working hours. It also states no additional remuneration will be provided - but it doesn't say either way whether I can take off time in Lieu.

Does no additional remuneration implicitly indicate that I'm not entitled to this?


texts:
Assume a documented dyslexic person writes a check and transposes two numbers.  The error is such that it results in a bounced check.  Can that person use the Disabilities Act to collect damages from any fees the bank imposes?  What are the chances of success of such action?

On the one hand it seems to be akin to not having a building being wheelchair accessible.  On the other, most banks have a clear path to avoiding high overdraft fees.


texts:
What protects airlines (if anything) from fraud charges when they sell same ticket to multiple people for a single flight?

Why might this be fraud?
In most consumer transactions (the norm), if I sold what is perceived to be an exclusive right multiple times, I would assume a fraud had taken place (because everyone who did not receive that right has been deceived). Is an airline ticket transaction different from normal consumer transaction that makes this not fraud?


texts: Stopping never-ending emails from abusive ex?

texts:
Background

There was an individual I was involved with approximately four years ago. The relationship was unwanted and abusive from the start. It was difficult getting out of and recovering from the situation. I desperately want him to stop contacting me.

At first he contacted me through any possible means (phone, email, social media), and would change the account he was contacting from if it became evident I blocked him. For the past couple years, it's been limited to email, and I've been handling the situation by filtering his emails to a separate folder so I'm not surprised by them, and responding asking him to stop contacting me, so that he doesn't change to a different email to get past my filters. However, I'm getting sick of putting up with this after years.

Question

Is what he's doing technically illegal? (Continuing to contact after repeated requests to stop)
What can be done to prevent him from contacting me further?

Note

Getting a new email address is not a solution I'm willing to accept, for fear it will result in a different, possibly worse, form of contact.


texts: Creating products and inventing during employment and assignment of inventions

texts:
(I need to ask this question again since I did not have enough information last time. Now I have access to full set of documents I signed including: NDA, Assignment of inventions etc....)

If I create a product-idea outside of reasonable office hours using my own resources (Money, computer, code-base etc...) will assignment of inventions I signed with my employer prevent me from claiming full rights to my invention?

I also want to make sure that I can use this code-base later to productionize my invention and sell it to enterprise customers later when I leave my current employer.

If it helps the following section applies and is mentioned in my agreement:
CALIFORNIA LABOR CODE SECTION 2870

However I have to mention that I work from GA

How will my "Assignment of Inventions Agreement" harm me? I am happy to provide more details on request...


texts: Do individual programmers expose themselves to liability risks when they make their programs available to the public?

texts:
There are numerous useful apps, software programs, web applications, browser plug-ins, etc., that have been produced by individual programmers.  Are these programmers exposing themselves to personal liability risks by making their tools available to the public?

For example, consider a hypothetical case where an individual programmer in the US has developed a web-based service that is used for business.  Unbeknownst to the programmer, there is a bug in the code.  The bug surfaces when a user attempts to use the service, costing the user a large sum of money because the service failed due to the bug.  How likely would it be for the developer of the service to be found liable for the damages that the user of the service incurred, if the user of the service attempted to sue the developer?  Does the answer depend on whether or not the developer charges for the use of the service?


texts:
Scenario:

A collection of works contributed by independent writers to a collective work/series is published on three different websites. The individual works are all orphan works (the writers are unknown/anonym to a degree of no ability to contact or identify), and the original publications of the works may be one of the websites or originate from an unknown and unidentifiable or no longer existent source.

Website A is the oldest known publication of the works and describes the copyright and licenses as this: "The collective work/series/setting is to be viewed as "public property" but not as "public domain", and that the copyright is to the original unknown contributors."

Website B and Website C have instead published the works under "Creative Commons By Reference ShareAlike 3.0" (CC-BY-SA 3.0), and do not mention anything about the original writers or any other copyright.

It's not known if any of the websites have the rights themselves to publish the works as they have done. The websites do not inform about it, and the original publishings sites, dates and authors are unknown and can't be verified.

A company wants to make a derivative work in another medium (like video series) based on the collective work/series and will be using the information in the individual works. However, the company is unsure of how to legally use the works.

Questions:

What is the current license and copyright status of the works?
Will the company need to acquire a license?
From whom would the company be able to obtain a global use license for online digital publishing in this scenario?
When would the works be under public domain, given the original publish dates and the authors are unknown?

Disclaimer: The questions are not meant to acquire legal advice, and I'm aware that the copyright laws vary from nation to nation, and it would be appreciated the answers where to be defined in either US or EU law or preferably answered based on EU law.


texts: How does title transfer work regarding personal, moveable property?

texts:
What exactly is a title? And how are titles transfered for things other than real estate?

If I purchase a burger from McDonald's, is there a transfer of title in the burger from McDonald's -> me?

If I ask my friend to buy a $5 burger for me and he says "ok, give me the $5", and I give him $5, and he goes and buys a $5 burger and brings it to me and gives it to me, in what way is the title transferred?

Is it accurate to say that my friend is never the true owner of the burger, and that although possession of the burger transferred from McDonald's -> my friend -> me, title of the burger transferred from McDonald's -> me directly?

If, after buying the burger, he eats it, would I be correct in claiming that "he ate my burger"?


texts: Is sending a modified encrypted file with the key being the original encrypted file legal?

texts: I've got a little bit of a conundrum. I have created an animation that uses and contains a copyrighted game character model. I want to distribute this animation without breaching copyright. To attempt to do so, I encrypt this animation file with the original game character model file as the key. Only people who own an exact copy of this character model can open the encrypted file, revealing the exact same character model with animation attached. Have I breached copyright? If so, is there a way I could approach this so as to not breach copyright?


texts: Where do personal blogs stand with lawsuits?

texts:
If a person were to setup a blog and got a few of their friends to also post on this blog. Who is to blame if one of those people were to get hit with a lawsuit for copyright infringement?

Since this is not a registered business, or even a business, is the owner of the domain going to be the target of the lawsuit or is it the individual who stole and published copyright protected work?


texts: GDPR Right to erasure vs mailing list archive?

texts: Consider a mailing list like mailman or listserv. The archives of these mailing lists, due to quoting, will contain names and email addresses. Now, the GDP Article 17, unless I am mistaken obliges whoever runs said archive to delete the archived mails containing. This is neither feasible nor desirable for most mailing list archives. Am I misunderstanding here or does GDPR make keeping archives absolutely unfeasible?


texts: Precedent of doctor being sued after giving his private phone number

texts: I'm looking for a precedent of a doctor getting sued after giving his private phone number for a patient to consult, yet not being available at a moment of emergency.


texts: Is it legally enforcable to demand that a specific version of third party software be used?

texts:
I'm currently upgrading to the latest version of a commercial product (Let's call it 'Foo'). In their installation guide, they specifically say that the enterprise-licensed version of a third party piece of software (Let's call this 'Bar') must be used to run this product, rather than using the open-source community licensed version of this third-party product.

There is no technical limitation of the community version of 'Bar', indeed it is the same codebase as the enterprise edition. There is a significant cost to using the enterprise version of 'Bar' vs the community version.

I'm specifically interested in whether they can legally enforce this in order to license their product, not what they might/might not do or support.


texts: How do I anonymously report the Establishment Clause being broken?

texts:
My daughter's public school principal has put up Christian symbols and quotes and also invited a public speaker to present during an assembly who told students that God and prayer was the answer to their problems. Is there a government place where I can anonymously report this?

I don't want to complain directly as there could be retaliation.


texts: How to prepare for an interview under caution?

texts:
My wife and I have been asked to attend an "interview under caution" by Lambeth Council (a local authority in London) regarding our daughter's lack of school attendance (both her GP and a child psychologist are of the opinion that she has an anxiety disorder).

[Under Section 444(1A) of the Education Act 1996 it is an offense if a child is absent without authorization and the parent knew about the child's absence and failed. Sanctions include a fine of up to £2500 and a prison sentence of up to 3 months]

[I am using quotes around "interview under caution" because it doesn't sound like an interview under caution from what I have read online, but these are the words used by the council's legal department in their letter to us]

We have been told that we are not allowed to bring a solicitor to this meeting: the meeting will be between the local authority, us, and the school only.

We are very concerned about what will be said at this meeting, because it appears that incorrect information has been given to the local authority by the school (e.g. that we haven't asked for a referral to child mental health services, although we have), and other information has been withheld (e.g. the private psychologist's report detailing the anxiety issues, which was sent to the school in November).

We are also concerned that, in the stressful environment of an interview under caution, my wife and I will not be able to remember facts that we later rely on in court.  We are both finding this very stressful: I have been shaking uncontrollably, and both of us have been crying, both when we discuss this between ourselves and at meetings with the school.

There have been a couple of face-to-face meetings and dozens of emails between us and the school: remembering everything that we have said, and when, is going to be very difficult under "interview with caution" circumstances.

So: how can we prepare for this meeting under caution when we are not allowed a solicitor and we are both too stressed to be rational?  Is there some way we can ask to see the communications between the school and the council so that at least we will know in advance what we will be accused of doing or not doing?

[We have already had a solicitor send a letter to the council attempting to correct the inaccuracies.  The council responded to that letter, ignoring the evidence we supplied in it, and just re-iterated the original claims of the school (i.e. that there is no medical issue).  Part of my concern is that we will turn up to the interview under caution with the medical evidence, and then there will be something else that the school has said that we are then unable to come up with a good explanation for in the stressful circumstances even though there might be one.]


texts: Can a company forbid an employee to exercise his common law right to self defence?

texts: If a company has a "no violence" policy could that override a person's common law right to self defence?


texts: Does merely serving content alone constitute "operating" in the EU and so should every website be compliant with the EU Cookie Law?

texts:
I was wondering if all websites in the world need to be compliant with the EU Cookie Law.

For example a company website of a US company, hosted in the US but serving visitors in the EU.

Also, does the situation change when that US hosted website used a CDN (content delivery network) and cache content (partly) within the EU?

In other words (like @Mowzer suggested):

  Does merely serving content alone constitute "operating" in the EU (or any other specific jurisdiction)? Which, in turn, subjects the operator to that jurisdiction's internet laws and regulations?


texts:
Last week we had a verbal commitment with our prospective buyer regarding our 3BHK apartment in Bangalore and we were happy that they were interested to buy our house. We did not took any token money and did believed in their verbal commitment, but they renege on their promise. Above all, on their request, we denied other interested prospects as well and stopped open house. It is our first time to sell house and we have no idea about legality of token money.

How much should be the token amount? Is it legal to take token? Do we have to do any paper work for token?

In case, if initial transaction doesn't went through then do we have to return the said money? I don't have any intention to keep their money, if their reason of stepping back is reasonable. What I want is the 100% commitment and if they fail then they should be penalized. The reason being, I have to arrange everything from scratch.


texts: Termination of Agreement clause. Why allow a contractor/employee to be able to use it?

texts:
I was presented a contract with an NDA; non-compete and a bunch of other stuff in it. One of clauses in it was this:

Duration. This Agreement shall be in force and effect until December
31, 2027; provided, however, that this Agreement may be terminated by
either party upon ten (10) days written notice.

Only one other clause, the non-compete, indicates that it survives the part termination:

Covenant Not To Compete. During the term of this Agreement and for a
period expiring two (2) years after the termination of this Agreement for any reason,
Contractor covenants and agrees that Contractor will not:

[.. and the definition of competition stuff follows thereafter]
No other part of the Agreement indicates that is survives for any period after the termination of the Agreement, so can any other part be in effect if the Agreement is past 10 days termination? For example, 10 days after I terminate the Agreement I understand that I no longer agree to a clause such as:

Attorney’s Fees. In the event that either party hereto should employ the
services of an attorney in connection with a breach of this Agreement or the
enforcement of the terms hereof, the defaulting or losing party shall pay, in addition to
any other sums due hereunder, the other or prevailing party’s reasonable attorney’s
fees, costs and expenses

Doesn't termination of the Agreement mean what it says in that it terminates everything (except that which it specifically says will survive termination for a certain duration such as the non-compete?)


texts:
I am looking to receive an investment from an accelerator (investor A) and from a private investor (investor B). I have draft shareholder agreements with both investors A and B.

My lawyer is telling me that I cannot have two shareholder agreements in parallel. When a shareholder agreement comes after an existing one, it should either invalidate the first or amend it.

Is that correct? Can I have two shareholder agreements in parallel?


texts: What if I don't pay the deposit of a rental contract?

texts:
Here is the situation:
I've just moved to a new flat in Germany, and my contract states that I need to pay a certain amount of deposit to my landlord. However, I really didn't like the flat from the first date and would like to move out, if possible, tomorrow.
What happens if I don't pay my deposit? Can the landlord sue me?
I want the contract to be terminated as soon as possible; I don't want to live here. What can I do to make her terminate the contract given that I haven't paid the deposit.
Note: I've sub-rented the apartment.


texts: If a company takes a long time to service a client, could this be considered a refusal of service?

texts:
I have a Nokia smartphone with a defect that I will send in for repair under warranty. I was warned by fellow co-workers and by reviews on the internet that the only repair shop authorized to repair the phone under warranty in my town is always overcrowded and people take hours to be serviced. I believe that this is done to discourage clients from accessing warranty services.

There is no law saying how long a client can wait to be serviced for warranty services in all jurisdictions that I know (in my case I would be more interested in the Brazilian law), so is there regulation or law interpretation that could be used against the servicing company that they are doing a appalling service only to avoid their responsibilities?


texts: Facebook Raffle won by organiser's spouse

texts:
I recently joined a UK based Facebook group which the owner/admin uses to run raffles to raise money for a youth football team. I believe this doesn't require a licence as it is to raise funds for a good cause.
One of the first posts I saw on it was to state that a raffle for an iMac had been won by the organiser's husband, which makes me cringe slightly. Does this make it unlawful because it could be argued that spouses have joint ownership, and therefore this would be personal gain?


texts: Can a Teacher Remove my Watermark for Advertising Purposes?

texts: I made a poster for my class and added a watermark knowing it would be used for advertising. My teacher removed the watermark. Is she allowed to remove my watermark I put on my poster and then still continue to use it for advertising?


texts: Can a couple be charged for spending $120,000 deposited to their bank account in error?

texts:
A couple is being charged for spending $120,000 which was deposited to their account in error. This is in Pennsylvania, USA.

The facts are presented as follows: One day, couple wakes up to $120,000 extra dollars due to teller error. The money was intended for a business. They are aware that this must be an error but spend the money anyway. The bank wants the money back. The couple quits talking to the bank. The couple is charged with theft and receiving stolen property.

I am very confused how they can be charged with either of these things. In the case of theft, I think it is fairly plain the couple did nothing to receive the money. No act on their part caused the money to enter their account. I think most reasonable people would agree that at that point, they "have" the money, and what they do with it after that is irrelevant to whether it was stolen. If this is not the case, and the act of spending the money is the theft, then it implies that any money in anyone's account is not theirs, which I seriously doubt a jury would agree with.

With regards to receiving stolen property, there are two options.

1) My claim above is true, and the couple did not steal the money. If the property then is "stolen," the uncomfortable implication is that the bank stole the money. (Teller Error, I don't think, counts as theft).

2) My claim above is untrue, in which case, it's hard to argue they received it at all, since they are the thieves (the reception becomes trivial).

It seems to me that the prosecution is doomed if the couple decides to go to trial.

What's going to give the prosecution a chance to succeed? If they are doomed, why bother filing the charges at all?

Note: I am aware of statues in the case of mail where receiving mail which is not yours and failing to make a reasonable attempt to return it is theft. I am unaware of any similar banking statues.

EDIT: The couple did something wrong. I am not disputing that. I simply don't see how either choice in charge by the prosecution results in a conviction.


texts: Can parents throw out belongings you have kept in their house?

texts:
I moved away for school when I was 19. At the time, I was living in my parents' house and left most of my possessions.

While I was away for school, my parent's got divorced. I'm not clear on the details, but I think my dad moved out first and forced my mom to sell the house so he got his portion back. Both of my parents now live in different places, though they obviously emptied the house before moving out.

I would now like some of my belongings back, such as winter boots. I asked my mom and she said she doesn't know where anything is. I asked my dad and he said I wasn't 19 when I got most of those things so they aren't mine. Is that true? Does it matter if they were gifted to me?


texts: Is it illegal to proactively request to accommodate people?

texts:
I am at a point in my career where I foresee me being involved in interviewing and hiring within the next 5 years. I am already involved in some manner with the process of terminating people because I distribute work and my input is sought regarding specific employees who are not performing well.
Personally, I regularly have to deal with a mental condition that has a heavy stigma tied to it. I deal with it in a manner that works for me to the point that I foresee positive things on the horizon regarding my career. I do not reveal this condition because I don't want my career to take a hit.
I can say that getting to the point I'm at with my personal mental condition required a lot of work on my part and would've been a lot easier if it were possible for me to be forthright about it and get appropriate accommodations. Some of the people whom I've had to give negative reviews on and were later terminated, I strongly suspected there may be an underlying mental condition.
I don't think you can ask someone directly if they have a mental condition because this is a workplace, but can someone pro-actively inquire if any special accommodations are required (even if an employee did not request accommodation)? I don't mean a general question like, "Is there anything you need?" I'm specifically referring to a scenario where the employee has some sort of invisible condition that the ADA would require accommodation if requested. I would prefer to proactively inquire about their need for accommodation without requiring them to disclose whatever reason they need the accommodation.


texts: Where can I report criminal intent found on the dark web?

texts:
I wasn't sure if I should ask this here or on the Tor site.  I think it fits more here.

I came across a Stack Exchange clone on the dark web.  I won't go into too much detail or provide a link, but one question was someone requesting advice on how to commit a violent crime.  (He has a specific target in mind already, and it looks like he's already cased the house.)

I don't know if it would make any difference (because of Tor's anonymizing), but should I report it?  (If so, where to?)  Or should I assume that the proper authorities are already monitoring the site?

I'm in the U.S., but I don't know what country the poster is in.  If I can do anything to stop this from happening, I would really like to do so.

CORRECTION: I've been conflating the terms "deep web" and "dark web."  I'm actually referring to Tor services websites, so the dark web part of the deep web.  Sorry if that caused confusion.

I've updated the question to use "dark web" instead of "deep web."


texts:
If I use Twitter icon upside-down as my site favicon, will it be a copyright/trademark violation?
I have copywriting slogan "Down with Twitter" among others on my site.


texts:
This is going to be a long question:

I'm working on creating a company to stream the latest and greatest movies that haven't reached Netflix yet. In order to do this, my plan is to buy, say, 10 Harry Potter DVDs, and rip one of them. We will then monitor how many people are streaming it and limit it to 10, the number of DVDs we have. It won't hurt the sales of the movie, because we're purchasing the correct number of DVDs.

This is equivalent to just sending a DVD to a user, just online. We won't  lend out(a.k.a. stream) more DVDs than we have.

Update: How is Vidangel legal if they do just this?


texts: Parking Ticket while parked in our driveway

texts:
I can't upload my image, so I will do my best to explain the visual. I also apologize if this sort of question is not to meant to be asked on this branch of Stack Exchange.

I, along with the other vehicles we own, park in our driveway, of course. My wife parks in the garage, which the driveway leads up to.

In the middle of our driveway, the sidewalk runs perpendicular through it. My truck cannot fit on either half.

This morning, after years of living here, and not far from a deputy, I received a parking violation for "parking on the sidewalk". My tires were not on it, but I was blocking it because that is where our driveway is.

Should I fight this ticket? I literally have nowhere else to park my vehicles. I don't have enough curb near my house to park all 3 vehicles.

Is there anything I can do to my driveway to allow me to actually use it?


texts: Selling a homemade product: dos and donts

texts:
if a person wants to sell a mixture of oils for hair growth or to thicken hair but the product they create is, well, a mixture of various oils (brands don’t necessarily matter, it’s whatever is available and is the purest form of the oil) so would those brands have to be credited? Or can the person just say coconut oil, olive oil etc.
and would the brands be able to have a claim in what is earned?


texts: Can I record phone conversations with my Landlord without notifying them? (UK Law)

texts: I need to start recording phone calls with my Landlord - must I notify them before doing so? If I must notify them - could I include it in a letter that I send them, that I will record all phone conversations from here forth?


texts: What makes transactional immunity irrevocable?

texts:
Immunity given to witnesses in exchange for a testimony against their accomplices is widely known to be a tool used by prosecutors to compel a testimony.  The common understanding is that by being granted immunity, a witness loses their 5th amendment right (against self-incrimination) because their testimony can no longer incriminate them.
Where does this theory come from?  Its "pro" is that if the testimony could be used against the witness in the future, then it would not be reasonable to consider the 5th amendment right as having been revoked.  Its "con" is that it does not allow for equal justice (under 14th amendment) because a known criminal (who has given a credible testimony against self-interest) is allowed to participate in society as if they have not committed the crime which they have in fact committed (even if they are forced to plea to a lesser crime).
Given that there is a pro and a con, there is a balance of rights which must have been addressed.  So what makes the transactional immunity (for example) irrevocable?  Was there a court case that settled this?  Or does the practice of offering such an immunity persist solely on the theory that if an immunity is ever revoked (despite the witness fulfilling their obligations under the immunity agreement), it would make it impossible to make such plea deals in the future?


texts: How is it possible to have a consensus about what should or should not be legal in a country with several hundred million people from all races, religions, and walks of life?


texts: I have a very large library of older operating systems and was wondering if I could publicly distribute them

texts: Over the years I have built up a huge collection of VHD's and ISO's basically images of Microsoft's OS. Server 2003 and back. I was wondering if it could start some sort of public database of these for people to download free of charge. These images contain no product keys or other methods of activation, I was simply going to put them out there because I have been in the same position trying to track down media for a OS, because I lost my copy.


texts: Is the requirement to have positive attitude discriminatory?

texts:
Many companies list "positive attitude" as a requirement for the candidates, including job positions that have nothing to do with customer service or management (for which jobs it could be reasonably justified).
However, some people have major depression or an anxiety disorder that makes it impossible to maintain a positive attitude due to the mere nature of the illness. Would it violate the Americans With Disabilities Act or any other law to discriminate against such a person for their failure to maintain a positive attitude, given that the disability doesn't prevent the employee from doing their job? (I have to emphasize this part, as many answers simply ignore it).
Positive attitude, from the top definition in Google:
"In general, having a positive attitude means being optimistic about situations, interactions, and yourself."
A few things that I have to clarify due to common misconceptions:

having major depression isn't same thing as "being grumpy", as some people here suggested. Both major depression and anxiety disorders are among the most severe mental disorders and often result in a disability to some extent.
not having having positive attitude doesn't necessarily mean having negative attitude; there is the third case in this false dichotomy - maintaining the neutral point of view
even when someone's attitude is negative (i.e. pessimistic), that doesn't mean that they tend to be quarrelsome or unable to get along well with their coworkers
about 3-4% of people in the U.S. have had more than one major depressive episode in their lives, but with proper treatment the illness can be successfully managed in some 60-70% cases (don't think of curing it completely, though. usually it's more like treating type 1 diabetes with insulin, or the ability to move around using crutches for a person with limited mobility), or at least well enough to be employed.
the point above proves that there are at least 5 million people in the U.S. who have major depression (and even more who have anxiety disorders), but are able to get their job done without having "positive attitude".
answers that imply that the candidate can't perform the job or doesn't have a disability are irrelevant, as ADA does require both.
summing all this up: I think that the requirement for "positive attitude" is simply a pretext for discrimination.


texts: Is the fair market value of "pro bono" work tax deductible?

texts:
If a person contributes a car, art, clothing, or other items of value to a charity, that person gets to deduct the fair market value of the contributed goods from their taxable income.
Suppose, instead, a lawyer did pro bono work for a recognized legal charity such as a law clinic or legal aid group directed at say, elderly people. Would the lawyer be able to deduct the value of the hours contributed (at the lawyer's hourly rate)?


texts:
Say someone concocts a sworn declaration regarding income, and expects to use this as a means of either proving income to a seller/service, etc. Can the sworn declaration be notarized to make it valid?

I mean, of course, more valid as in proving that the statement was signed by the person presenting it.


texts: What is the difference between "I swear" and "I affirm"

texts:
In court oaths, there is the option to admit one of the following:

I [...] swear [...] so help me God.
I [...] affirm [...].

What is the significant difference? I am looking for code, statute, law, or perhaps a written reference to tradition.


texts:
I'm running a small U.S. business. Some users make profit by referring customers to purchase services from me. I've been told that I have to send Form 1099 both to users who make such profits from me (Affiliate Users) and to the IRS. However, I have some questions regarding that form:

Am I required to send Form 1099 to non-US citizens who are not even residing in the US? Since they're not required to file US taxes, do I still have to send the form to them?
Is it fine to expose my TIN (taxpayer identification number) to individuals or companies who I send the form to them. Since the form requires me to write my TIN/EIN, what would be the risks of this and what precautions should be taken to avoid inappropriate/illegal use?
I send payments via PayPal and wire transfer. Should I send form 1099-MISC or 1099-K?


texts: If the Electoral College elects a future President and that person dies before taking office, would the Vice-President elect become President?


texts: Is it true that it is legal in the US to circulate fliers that call for the extermination of a race or religion?

texts:
The Daily Stormer publisher Andrew Anglin claims:

  You could literally do a “why we must exterminate the Jews” flier and
  it wouldn’t violate any criminal statutes.

  This is the United States of America and we have a little thing call
  THE CONSTITUTION.

The story links to this wiki page which states:

  Brandenburg v. Ohio, 395 U.S. 444 (1969), was a landmark United States Supreme Court case based on the First Amendment to the U.S. Constitution. The Court held that government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action".

Does that mean saying exterminate all [name of a race or religion] is acceptable according to the US constitution?


texts: Is a security agency required by law to provide services to anyone?

texts:
We provide NYC Executive Protection and discreet personal protection
  for VIP’s and any person in New York City who feels their security may
  be at risk or they need close protection.

Source: http://www.nycexecutiveprotection.net/

Say someone forks the cash intending on paying a team of high-level, armed security workers/mercenaries to accompany them for a day. Assuming the person who does this has no real security at risk, would this be illegal if they were still insistent on paying (the client) and the service (security) provided? Say someone does this who isn't a mega public figure or person facing major threats for their safety -- would the service still be provided legally, assuming they are paid?

In other (short) words, security for no reason -- the person would not be in any danger whatsoever.

They say they provide the service to those who "feel their security may be at risk," but does that mean they won't provide the service avec pay, regardless of whomever is asking for the service?

They make it seem like they'd only provide service to mega public figures, like Beyoncé.


texts:
Lets say you just traveled outside your home country (USA). You keep your data on a secure USB (FIPS 140-2 level 3) that will self destruct after (x) number of failed attempts. The data you keep on your drive is very important (Company Secrets, Passwords, Unrecoverable encryption keys, etc.. Very valuable data). When entering the country again the CBP agent flags you for an additional inspection. Upon inspection, they discover your super secure USB with a keypad that peeks his interest. They decide they want to inspect what is on the drive. When asked to unlock the drive you refuse but divulge that very important business data is on the drive.

..At this point they claim you might be a "terrorist" in order to have reasonable suspicion. The CBP agent confiscates the USB in order to do a "forensic examination". During this examination someone handling the drive attempts to unlock the drive too many times and destroys the data.

CBP DIRECTIVE NO.
3340-049,

  5.4.1.5
  Safeauarding Data  During Storage and Transmission.
  CBP
  will
  appropriately
  safeguard information
  retained, copied,
  or seized under
  this Directive and
  during
  transmission
  to another
  federal
  agency.
  Appropriate safeguards
  include keeping
  materials
  in locked cabinets or
  rooms, documenting and
  tracking
  copies
  to ensure
  appropriate disposition, and
  other safeguards during
  transmission such as
  password
  protection
  or
  physical protections.
  Any
  suspected
  loss
  or
  compromise
  of
  information
  that
  contains personal data retained,
  copied,
  or
  seized under
  this
  Directive must
  be
  immediately reported
  to the
  Port Director, Patrol
  Agent in Charge or
  equivalent level
  manager
  and
  the CBP Office
  of
  Internal Affairs

The data on the drive causes your company to go belly up due to the lose of this drive. This costs you personally millions of dollars and potentially billions worth of investor money.

Is the government liable for data destroyed during a forensic examination?
What agency would be liable?
Are there limits to the amount you can sue the federal government?


texts: Washington v Davis in How To Get Away With Murder

texts:
In How To Get Away With Murder S04E13, a character says

  In Washington v.
  Davis, your predecessors decided that even if a law has a discriminatory effect, it is unconstitutional if that was not its intended purpose.

Should this instead be any of the following:

'if a law has a discriminatory effect, it is unconstitutional even if that was not its intended purpose'
'even if a law has a discriminatory effect, it is constitutional if that was not its intended purpose' ?


texts:
This question is about the debate in the comments to this question.

Question

  Does lack of evidence constitute evidence?

Transcript of Comments

...I am curious how a prosecutor would prove that a testimonial was falsified. Especially if the purported person making the purported testimonial was also falsified. Unless there was a conspiracy to do so and a paper trail. Otherwise, if it's just a single person producing the testimonial, how could the prosecution ever prove it was never made? Since there would be no evidence, presumably, to rebut it. Any thoughts or insights? – Mowzer 14 hours ago

@Mowzer: Surely a prosecutor or plaintiff could produce evidence that no company called Newco exists (no record of it in business registrations, Internet searches, etc), and likewise that there is no such person as Jane Doe. – Nate Eldredge 33 mins ago

@NateEldredge: Sir, I ask you to think critically in this situation. How could one conceivably prove there is no person with a particular name? Is there a list or a database somewhere that lists every person in the world and every name they might use including nicknames and aliases? is there similarly a single list or list of lists or list of lists of lists that contains every business name? Please keep in mind, every business does not need to be registered or recorded with a state authority. Then there is the issue of companies outside the jurisdiction of enforcement. Foreign companies, etc. – Mowzer 10 mins ago

@NateEldredge: Think of it this way. If I search my whole house for a set of, let's say, keys you claim you left there. And I don't find them. And, similarly, I question everyone who was ever in my house if they found your keys. And your keys don't turn up and no one claims to have found your keys. Does that prove your keys are not in my house? Of course not. It just means no one has found them yet. But it does not remove all reasonable doubt that the keys are there if you say you left them there and I have no evidence or reason to believe you are lying. Correct? – Mowzer 4 mins ago

@Mowzer: It wouldn't be proof that no such person exists - it would be evidence that no such person exists. Civil court cases (in the US) are not decided based on absolute proof, but on the preponderance of the evidence. I believe something like a negative records search would constitute evidence that the person doesn't exist. The defense could then rebut this, if possible, by producing evidence that the person does exist; but if they don't, the court could plausibly use this to rule that the testimonial is false.

@NateEldredge: What you describe is not evidence. It is lack of evidence. I guess we disagree. Simply put, my position is... Lack of evidence does not constitute evidence. Apparently, you hold a different point-of-view.

@NateEldredge: Also, regarding your hypothetical... A sufficient rebuttal of the negative records search does not need to include producing evidence the mystery person exists. It would be sufficient to simply produce expert testimony of the many possible ways the negative records search could miss such a person assuming s/he does exist.


texts: What are "US Business Activities" and "Effectively connected income", again?

texts:
I know this is a confusing matter and there's been number of questions here and articles elsewhere, but maybe it would be simpler in the situation explained below.

Assume there's a non-US company selling software on App Store and providing certain subscription services. The following information has to be provided to Apple:

Do you have any U.S. Business Activities?
(if Yes for 1.) Are you required to file a US income tax return with respect to the payments you receive from Apple?

Assume the following:
The company is located in a country that has a tax treaty with US. The company does NOT receive any income other than from Apple. The company does NOT have any employees, contractors or any other personnel, office or any physical assets in US. The only thing US-based that the company DOES have are cloud servers physically located in US provided by a US cloud company, used in order to provide subscription services mentioned above. The location of these servers is not critical for the business, chosen for latency reasons and can be changed for the same or other reasons at any moment later.

Based on this, how should the questions above answered?

Furthermore, what exactly having or not having "effectively connected income" would change in this situation, what's more beneficial? Is there a "if in double choose ..." option?


texts: barbed wired off open field with human sized entrance on side - legal?

texts:
I live in the state of Texas (Dallas area specifically).
There is a field I drive by often near a residential neighborhood.  Very open with not a person or house in sight (No signs or anything either). There seems to be a highway or something on the other side. Problem is, this field looks nice and I'd like to be in it. However, it's barbed wire fenced. BUT, there is an opening bigger than a person on the right side of the fence. There is no door to the field in sight. Would it be legal to enter the field through the opening? Will provide pictures if necessary.


texts: How to avoid legal action for releasing an artwork depicting abuse or harassment?

texts:
Let's say, I want to develop and release a game which depicts slavery period in America of 19 century, and my game will contain scenes of harassment and abuse of people having African roots (like executions, mortification, lashing naked in public - things we have seen depicted in movies like 12 years of slavery)

How do I avoid legal action against me and will there be one?

Can I be sued for having such depictions in piece of artwork I produce?

Can I reject such lawsuits based on that I tried to realistically reproduce a historic period of our time?


texts: What is the correct length of time in which a landlord must provide rent increase notices in the UK?

texts:
The following GOV UK page states that tenants must be notified of rent increases at least 6 months prior to the increase. What I'm failing to understand from this is if that includes the tenancy renewal or does this mean that a landlord is capable of increasing rent at renewal at any time.

For example, if the years fixed term renewal is only 1 month away, does the landlord have the right to increase the rent now for the renewal date, or should the tenants be notified exactly half way through the term?

https://www.gov.uk/private-renting/rent-increases


texts: Can you make merchandise for personal use?

texts: I read the Q&A for "Can I make fan merchandise and sell it?", but I didn't see anywhere something about personal use. I was looking at merchandise for my favorite group, but it was so expensive. Could I make my own (not selling it) and not get sued/fined/etc.? It'd have their logo and name.


texts: What could I be charged with if I went around uprooting " for public office" signs?

texts:
This is not something I'm actually doing or thinking about doing; I'm just curious about this slightly absurd hypothetical scenario.

Suppose that I get really mad at those signs people stick in their lawns that say something like "Elect $(DEMOCRAT) for Congress" or "$(SOCCER_MOM) for School Board" or similar.  If I were to uproot them and hide them nearby out of sight, what crimes would I be charged with, assuming the following?

I don't steal the signs, I just hide them somewhere nearby that's out of sight (maybe under a pile of leaves or behind a tree).
I don't deface or vandalize the signs, though depending on where I hide them they could still be damaged by the elements.
Make no assumptions about where the signs originally are except that they're publicly visible (usually on someone's front lawn or on the side of the road).
I don't discriminate by politician, political party, or office.
Let's pretend I asked this question three months ago while election season was in full swing.
I take video of myself hiding the sign, but I don't post it online; I hold onto it until it's time for court.
I'm in New York State.


texts: What will I be charged with in Manhattan, New York?

texts:
I conspired with Daisy to steal a NYSE work badge/access card from Sanjay and Daisy replaces his badge with a fake one. I impersonate Sanjay (make my appearance like his) and sneak into the NYSE with the work badge/ access card. I am caught by Mu (another employee) at the NYSE and he takes away Sanjay’s access card from me, but I have not been apprehended by the police. I have not gained any benefit from the use of the access card (nothing financial), except access to the workplace. Mu reports me to the police and files a complaint.
What will I be charged with?

Criminal trespass in 3rd degree, criminal impersonation in 2nd degree, petit larceny by acquiring lost property. Anything else? Or are these wrong so far?

Keep in mind Mu and Sanjay have no idea I conspired with Daisy to steal the access card. Daisy’s fingerprints are on the fake access card, the one she gave to Sanjay.


texts: Youtube and copyright on music composition

texts:
I posted a video to YouTube featuring a violin performance by my son. It was an original performance, recorded by me and using equipment owned by me. Later I found that ads were appearing on the video and being monetized by a third party who had filed a YouTube copyright claim.

Can anybody clarify for me the copyright status of music performances? The piece performed was "Tango Jalousie" composed in 1925 by Jacob Gade (1879-1963). Does the composer's estate really have the legal right to monetize my son's performance?

I am in the UK (England).


texts: Are fanarts, fansongs, etc not illegal? Then why aren't they being taken down?

texts:
Youtube is plagued by works of this kind:

https://www.youtube.com/watch?v=MRhRaWNaSPM

Deviantart is plagued by works of this kind:

https://www.deviantart.com/harwicks-art/art/Know-When-to-Fold-Em-274057023

Obviously, this is not limited to My Little Pony:

https://www.deviantart.com/ver1sa/art/Fallout-4-cosplay-Piper-Wright-701013703

OK, enough examples. I think it is clear what I'm asking about.

And my question is: Why are such works not being taken down? Do they not qualify as "derivative works" of intellectual property of other creators and are they not illegal as such?

But if they were illegal, I think they wouldn't be tolerated so widespreadely as they are now?

Or are they merely tolerated because the copyright owners didn't yet approach Youtube / Deviantart / Other such sites, asking them to take them down?

Also - does the so-called Acta 2 (that is, EU Directive on Copyright in the Digital Single Market), which is already passed, change anything on this matter? Will it not require hosting websites to proactively take down such works even before copyright owners approach them?

Or am I missing something?


texts: Would it be illegal to make a exact replica of a browser game for Android?

texts:
I found this browser game that I really like and that I think could easily be ported to Android.

Would it be illegal/could I get in trouble for taking this browser game and making an exact replica of it for Android that would use the same image and sound assets.


texts: Understanding trademark infringements in a world where many dictionary words are trademarks?

texts:
How does one even create the title of an app when basically most nouns in the English language have been trademarked?

When and when isn't a trademark valid?
For example, I was surprised that even the word corgi and jets are trademarked! Jacuzzi seems to be the strong advocate of their trademark. But, what if these words are used in combination? Such as: Front Jacuzzi Back Corgi?

Related to:
Trademark Infringement notice for usage of a dictionary word Jacuzzi in app - Google Play Store


texts: Less formal way of saying "I reserve all rights"

texts:
When legal personnel write letters on behalf of their clients, they often include a sentence saying "Our client reserves all rights."

There are good reasons for doing so. However, if a legally untrained person writes "I reserve all rights" (on his own behalf), it sounds like formal legalese, and may end up aggravating the other side's emotions.

Is there a way of rephrasing the sentence that preserves the meaning while not letting the situation get too emotionally charged?


texts:
I'm planning on selling an app where users will be able to upload content, and other users will be able to see it. The content will not be available on a website. The content will be stored on my web service (which will be hosted on a web hosting company's server).

Is this in the same category as websites? That is, if someone sends a takedown request claiming that their copyrighted material is illegally available on the app, do I need to take it down as per the DMCA rules, and am I protected against false requests, do I need a designated agent, etc.?

(If I am responsible for takedown requests, I'd be grateful if you have some link to a tutorial on what, exactly, do I need to do before selling the app.)


texts: For movies and tv series why is it okay to make a false advertisement by saying "This is a true story" when it is actually not?

texts:
In every opening scene of Fargo Season 3, it says that:

  This is a true story. At the request of the survivors, the names have been changed. Out of respect for the dead, the rest has been told exactly as it occurred."

However, as mentioned in several websites, the story is fictional. Is this not a false advertisement, which is supposed to be illegal? Many people might not be very attracted to the series if it was not advertised as based on true stories and would not have paid to watch it.

So, is this totally fine? Are there no consequences? And, why is this not considered a false advertisement? Does the following example make sense?

  This sausage is made from beef (that is why you buy it) while it is actually pork.

sounds the same as saying:

  "the story in this movie is true" (that is why you buy it) while it is not?


texts: Legal to verify identity using only a specific form of ID?

texts: A liquor store verifies shoppers’ age through state-issued driver licenses. It won’t accept, for example, passports.  Legal?


texts: Summoning a judge as a witness to elaborate on an earlier ruling

texts: Completely hypothetical scenario: Suppose arguments in a court case were dependent on the interpretation of the judge's decision in another case. Would it be legally valid to have the judge appear in court and testify as to the meaning of his original ruling?


texts: Are damages in civil cases assessed by the judge or the jury?

texts:
In common law countries, criminal cases are usually tried by jury, but the judge is responsible for sentencing. Even in the United States, where there is a constitutional right to a criminal trial by jury, sentencing is the responsibility of the judge (except in five states): Morris B. Hoffman, The Case for Jury Sentencing (2003) 52 Duke Law Journal 951.

In civil cases, the jury may determine the validity of the plaintiff’s claim as well as the quantum of damages to be awarded. Often, the quantum of damages assessed by the jury is surprisingly large or small. But in such cases, the award may be varied on appeal to a higher court sitting without a jury.

At common law, is the judge or jury responsible for assessing damages in a civil trial? To what extent does contemporary practice in common law countries reflect the historical approach of the common law?


texts: United States: I can't find XML file of the Affordable Care Act

texts:
I'd like an XML file of the Affordable Care Act (aka Obamacare), Public Law 111–148.  I found plain text files, but those are not helpful, nor are the PDF files.  I really need the XML file.

I tried FDsys, no joy.

I had high hopes of finding it at Library of Congress, directory listing for the 111th, no luck. Maybe I was in the wrong directory.

And Congress.gov wasn't helpful.

XML is usually available. Examples at Congress.gov and at FDsys.

Stumped. Anybody know where I might find one? (for copyright reasons, must come from .gov source). Do I need to resort to a FOIA request? That seems overkill.

UPDATE I never did find the XML. I believe it may not exist. Recalling the era: outside lobbyists/contractors were heavily involved in writing the 900 page bill. There's a chance this was drawn up in MS Word and not the in-house legislation drafting system.


texts: My email has been shared with other parties

texts:
I am in the process of searching for a new job and I have applied for a few.
Today I  received an email from HR representative of one of the companies saying that I was not called for an interview since they found the right candidate for their position.
This is great, so that I will not lose time hoping to get called by this company.

The issue is that this email was in a generic form, and was sent to me and 3 other persons.
So I have the emails of others that applied for, but were not asked for an interview and they have my email too, because the email was sent with all our emails in the To: field!

I assume that it was not done on purpose, but the thing is that it cannot be undone - they cannot delete the emails received by all of us.
This may be some silly mistake by the employee, but I don't like the result of it.

So my questions are:
 - Is this against GDPR?
 - What can I do in this situation?

I would avoid going to court (if that is an option) and I would avoid contacting the other candidates since they may not have noticed this so far (or maybe they did, who knows).