texts: Can a Pub Quiz be copyrighted? What about the Final Results spreadsheet?

texts:
This may seem a bit inane, but I'm having a minor tête-à-tête with a local Quiz Master. Our weekly quiz is 10 rounds of a certain topic with 10 questions per round. Each round is displayed for about 5 minutes on TV screens around the room, answers are handed in and graded, the correct answers are read out loud and then the next round appears.

The QM claims that the questions are copyrighted. Doesn't want people taking pictures of the questions.

The QM also claims that taking pictures of the Final Results Spreadsheet (Team A in 1st place with xx points. Team B in 2nd place with yy points. etc.) is plagiarism.

I think the QM is spouting nonsense. "I don't think that word means what you think it means."

I'd like to rebuke these claims, but can't find anything that references quizzes.

Help?


texts: Does the receiver need to report invalid customs declaration on international shipment

texts: Lets assume the following very likely scenario that definitely happens more than often: I have ordered a product from outside the country that - including shipping - exceeds the amount where you dont have to pay VAT. I was aware of that and prepared to pay the VAT and processing fee. To my surprise it got here without a bill through the regular Swiss Post customs processing facility. Checking the label on the packet it was obvious how, it was declared at only a fraction of the value I had paid. Do I have any legal obligation to report this to customs or is this entirely on the sender? It is already in the tags, but to be sure: This is Switzerland.


texts: Can a private individual force a competitor to cease a illegal practice which gives a competitive advantage?

texts:
Consider two businesses, "Us LLC" and "Them, Inc." which are both in the field of selling widgets to the general public.  The production of these widgets fall under a government regulation that mandates they be, for example, made of a particular material.

"Them, Inc." is selling widgets well below competitive price points because they make theirs out of a non-compliant but significantly cheaper material.  "Us LLC" makes compliant widgets, but cannot compete on this unequal footing.  The regulatory agency responsible has ignored requests to enforce the regulation on "Them, Inc.", and will not issue a waiver of the regulation to "Us LLC".

Does "Us LLC" have any legal standing to either compel the regulatory agency to enforce the regulation, or to directly compel "Them, Inc." to comply?

Would the noncompliance of the competitor, combined with lack of enforcement by the regulator, hold any defensive merit if "Us LLC" were to start using the non-compliant material?


texts: Do non-EU international speeding offences count lawfully for UK insurance declarations?

texts:
As a US citizen, my wife received and paid a speeding ticket in Texas in 2013.

After moving to the UK in 2015 (she's also a EU citizen), she began working towards her UK driver's license in early 2016 and sought to find an insurer, declaring this offence on each application as she went. When she confirmed an agreement with an insurance provider, they assured her that an international conviction did not count in the UK, and so they gave her a policy based on zero offences.

After passing her test, she moved to a second insurer who was willing to give her a better rate, whom she has now been with for the past ~9 months. We did not declare any offences to this second insurer, because we had been told by the first insurer that the US speeding offence did not count in the UK. Yesterday, we received a letter from the second insurer's data verification team, who are claiming a discrepancy between her policy and 'another quote or policy from elsewhere within their group', have added an SP40 Exceeding passenger vehicle speed limit offence against her current insurance policy, and are back-charging her £750 for the last year's worth of insurance.

Do non-EU international speeding offences count lawfully in the UK for insurance declarations? Have we unwittingly committed some kind of fraud or not?


texts: Is it illegal to record an intimate image in Western Australia without consent?

texts:
The Western Australian Criminal Code section 221BA defines an “intimate image, of a person” as:

a still or moving image, in any form, that shows, in circumstances in which the person would reasonably expect to be afforded privacy —
(i) the person’s genital area or anal area, whether bare or covered by underwear; or
(ii) in the case of a female person, or transgender or intersex person identifying as female, the breasts of the person, whether bare or covered by underwear; or
(iii) the person engaged in a private act

Subsection 221BD(2) defines the offence of distributing an intimate image (without consent). But unlike some other Australian states, the Western Australian Criminal Code does not seem to define an offence of recording an intimate image (I am using the term “record” in a generic sense, to refer to both still and moving images).
A WAtoday story from 2017  described a case where a person allegedly recorded under another person’s skirt without that person’s consent, and was charged with “indecent act in public”. This is an offence defined in section 203 of the Criminal Code:

A person who does an indecent act —
(a) in a public place or in the sight of any person who is in a
public place; or
(b) in a police station or lock-up,
is guilty of a crime and is liable to imprisonment for 2 years.

This seems to be a specific case of recording an intimate image without consent; it is not clear whether it generalises to other intimate images, or what the result of the charge was.
Wikipedia claims:

All jurisdictions within Australia have passed laws making it illegal to take upskirt photos in public places without the person's consent.

But it only cites an apparently outdated story about “draft uniform national laws”; the current laws in Australia are certainly not “uniform”.


texts:
According to my textbook, there are three ways that a life tenancy with multiple life tenants can be carried out.

(1) Life estate lasts until the last life tenant dies; the share of each survivor increasing by means of a remainder

(2) Life estate lasts until the last tenant dies; the share of the deceased life tenant passing through her estate

(3) An estate for joint lives; the life estate ending when the first tenant dies

Can you tell me what the bolded part for (2) would look like? It looks like it is trying to say that the heirs of the life tenant will inherit it after the life tenant dies. How is that any different from a Fee Simple Absolute?


texts: Does NH Criminal Law RSA 627:4 II-a mean a person could legally brandish a firearm if they feel they are in imminent danger of deadly force?

texts:
Typically among most states, brandishing a firearm is not only illegal, but is frowned upon as a tactic to scare away a potentially forceful criminal since the state would deem that the person brandishing was never in imminent danger of deadly force if they had time to brandish but not fire at the forceful criminal.

New Hampshire RSA 627:4 II-a: A person who responds to a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death to the person or to another by displaying a firearm or other means of self-defense with the intent to warn away the person making the threat shall not have committed a criminal act.

What also complicates this hypothetical is NH’s oddly-phrased duty-to-retreat law.... or IS it a duty?? See below.

RSA 627:4 III-a: A person is not justified in using deadly force on another to defend himself or herself or a third person from deadly force by the other if he or she knows that he or she and the third person can, with complete safety:
       (a) Retreat from the encounter, except that he or she is not required to retreat if he or she is within his or her dwelling, its curtilage, or anywhere he or she has a right to be, and was not the initial aggressor;

What do you think?

Let’s use this hypothetical situation. A citizen who is carrying a pistol concealed is sitting in the waiting room of an auto shop. A criminal walks in and holds the cashier at gunpoint demanding they hand over all of the cash in the drawer. I see 4 possible outcomes:

1: The concealed carrier runs for the door and leaves without conflict

2: The concealed carrier demands the robber leaves, then when the robber points their weapon at the carrying citizen, the citizen draws their pistol, and shoots the robber

3: The concealed carrier immediately draws their firearm, points it at the robber demanding they leave or they’ll shoot

4: The concealed carrier immediately draws their firearm and shoots the robber.

Which of these scenarios would be legal, and which ones would lead the best outcome, safety-wise, and legally?

I’m having trouble interpreting these laws, and case law about this subject seems to favor the criminal instead of the concealed carrier it seems.


texts: Can I be liable for copyright infringement if I allow users to create and share drumpad rhythms?

texts:
I've been tossing around the possibility of making something like the Beatnik Rhythmic Analyzer. From scratch. The idea I have is that people will enter in rhythms in the form of actual music notation, and then the device will then play the rhythms back for you and will tell you how accurate you are. Then, if the user wants, he/she can upload their rhythm to their profile, and then everybody else with this same drumpad will be able to download the rhythm from this person's profile and onto their own pad and play it. So, it's like one big, happy community of people with these drumpads sharing rhythms.

What I'm concerned about is that people will enter in snare drum solos that are copyrighted and save these rhythms and then then other people will be able to play these solos. Do you see any copyright issues here? The music is actually stored in musicxml, so it's not sheet music or anything. Is it wrong if I am enabling this kind of copyright issue (if it is one)? So, I guess it will be like Soundcloud, except for rhythm. Similar to Sound cloud, I feel like it would be the user's own fault for violating copyright, and not my own fault for enabling this sort of thing.

A couple other thoughts:

Can rhythm even be copyrighted? This is for just rhythm and not melody or chords or anything.
If this is a copyright issue, can I protect myself by having terms of service that say you cannot upload "copyrighted rhythms (like a snare drum solo)".

I found this United States - Does uploading music to a site imply responsibility for copyright infringement? ... but, it is for full music, and not just rhythm.


texts: Is overselling breach of contract or mistake?

texts:
Where does overselling stand in terms of contract law?

Say Bob runs a record store. One day, Pete pops in and asks for a specific rare CD. Bob does not have it but his friend Rob does, and Bob is super sure he can persuade Rob to sell the CD to him. So Bob goes ahead and makes contract with Pete, promising to deliver the CD a couple days later.

Later same day Bob phones up Rob only to find out that he does not have the CD anymore (as a variant, under no circumstances he would part with it). So Bob cannot deliver the CD to Pete.

Is this a breach of contract? Is this a mistake? Is the contract voidable? What remedy is available to Pete? Can he sue for damages?


texts: What level of knowledge about Law should every person have? And how to get that knowledge (either free or paid)?

texts:
As we go through the education system, we all learn a little bit of literature, history, biology, chemistry, physics, and mathematics.  In my experience, I have not come across any education about law, not even the basics.
We would all agree that every person should be taught the basics of mathematics or they would be at a significant disadvantage in society. Similarly, there has to be basic knowledge about the law that every individual should know or they would be at a significant disadvantage in society.

For those of you who have studied law, what would you say is the bare minimum amount of knowledge about the law that every person in society should have in order to feel comfortable and also to prevent others from taking advantage of them (or perceive they are taken advantage of)?  What are some resources available for ordinary individuals who want to acquire that basic understanding of the law without getting a full degree in law? Please provide any books, courses, articles that could be used for this self-study.


texts: Making use of client side website files to figure out API endpoints being used

texts:
There is a utility website witch I presumed used a backend API. There is no authentication or anything on the website, it's just for public use. Now, I want to build a mobile app that makes use of the API. So I used good old Chrome debugger to see all XHR requests and responses going in and out. I figured out and listed down the API calls. Some use an API key (clearly visible in debugger captured request headers), and some don't need the key- they work with or without it.

There are no terms of usage on the site, or copy-write conditions, or anything of that sort, nothing. There is obviously no publicly documented API for the API that it is using either.

Whats my situation here with using the API even for personal use? The mobile app is not for commercial use. It's for my own use. Is what I'm doing legal?


texts: Are warning labels required by law in Washington State

texts: I'm relatively new to Stack Exchange but I figured that for the sake of my question this is the most relevant website to ask on since I am researching the health risks of energy drinks. I have searched the web for some time and have found answers pertaining to other questions of mine but I could not find a direct answer to my main question. So I ask of you, are energy drink warning labels required by law in the state of Washington?


texts: Is infecting your own files illegal? How does this differ from a more aggressive form of DRM?

texts:
I'm here from the infosec se where we're currently discussing if it is possible for Youtube to infect the files on their servers with malware. My question is - Is it illegal for them to do this? What if they used their own malicious code? How does this differ from a DRM solution?

For anyone wondering what the point of this might be - it would be to discourage users from downloading videos illegally from youtube.


texts: (In context of Indian parliament) what do the words "demand" and "grant" mean in the phrase "demand for grant"?

texts: My book has explained the phrase "demand for grant" in the chapter "Indian Parliament" but i do not understand what do "demand" and "grant" mean. I tried googling them but did not find any valuable resource. What do they mean?


texts: I'm traveling down a 2 lane road.  I come to a stop sign and want to turn left onto a highway with NO stop sign.  The car behind me, traveling the same direction as me is turning right.  There is enough room for him to pull up next to me. Should he pull ahead and obstruct my vision so he can go before me, wait til I have turned left onto the highway, or pull ahead but not so much that he's obstructing my vision and I can still see cars coming from the right.


texts: As a dependent of a G4 visa holder, can I work in the USA past the age of 23?

texts:
My mother works on an international organization and holds a G4 visa. I, as her son/dependent, received a G4 visa as well. Currently I have an Employment Authorization Card (EAC) which allows me to have a job in the USA. The EAC is given to me as long as I am a full time student. However, I read that the EAC can only be renewed until the age of 23. Currently I am 22 years old and will be 23 in 6 months. Since I am a full time student I need the EAC in order to have a job and pay for my BS. So far I have completed 2 years of college at a community college and I have transferred to a university where I plan to get a BS degree in computer programming for simulations/games in the next 2 years.

About a year ago, when I was renewing my EAC, a lady who works at the international organization where my mother is employed told me that the EAC renewal limit had just changed and now it could be renewed until either age 24 or 25 (I can't remember which). Recently however, another lady who works at the international organization told my mother that it can only be renewed until age 23. Which is true? If it's the latter, is there any way I could work past age 23 so I can finish my education?


texts: Is it legal to use services of a foreign recruiter in the US?

texts:
A number of job recruiters who call me seem to be calling over a bad connection and have a pretty thick accent.  This, in itself, is not an indication that they are calling from abroad, but is there a general requirement on a person working with a recruiter to make sure that the recruiter is authorized to work in the US?

Specifically, if they are hiring individuals who are US citizens on US soil and they are hiring for work at employers' US locations.  It seems like these recruiters are out of the reach of the US law and yet they are making decisions which are fairly heavily regulated in the US (such as employment decisions).

The Labor Department cannot regulate their actions, either (if their entire organization is abroad).  Could I be on the hook for conspiring to go around the US law if I go along with them without first ensuring that they can legally work in the US?


texts: Legal obstacles to moving out of parents' home and renting an apartment

texts:
I am 22 and live with my parents but am planning to move out soon. My parents are uncooperative with preparing me for this stuff (they have refused to take me to get my driver's license), but circumstances may soon force to leave them, so I'm evaluating options.
I have a part-time work-from-home job (paid internship) and a couple thousand dollars, so I'm expecting that I can find a nearby place that I can afford at least for long enough to get more income. The main thing I'm worried about is legal barriers I don't know about - since my parents are not cooperating, I have no idea what to expect.
I do not have any sort of insurance and hope it won't be required. My research is finding that health insurance is not mandatory except in a few states (not mine), and renter's insurance is cheap enough to be insignificant (I'm seeing like $20/month) even if I do end up needing it. I think auto insurance is mandatory but I won't need it because I won't be owning a car (if I need a car to get to the place I rent, I'm planning on Uber or similar).
I do have a checking account and debit card (as well as a saving account).
So just to make sure, are there any legal obstacles to me just moving out and renting an appartment without cooperation from my parents?


texts: Offering GDPR privacy policy for voice mail?

texts:
Voice mail recordings can be "personal data" according to the GDPR (i.e., if the caller’s telephone number belongs to a natural person, and/or if the message contains personal data), so a privacy policy is required.

Article 13 says that

  the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information […]

but reading the whole privacy policy on the voice mail announcement isn’t feasable, of course.

Is there any provision in the GDPR that would allow controllers, in such a context (voice mail announcement), to just mention how to get the privacy policy?


texts:
I am a software developer and i am working on a mobile app, in which i am using images.
I took all these images from a website, and according to this website, they all have a Creative Commons Zero (CCO) license, so i am sure i can use them.

I ended up downloading them and using them in my mobile app.
However i have a feeling that it's not enough.

Let's imagine someone wants to sue me saying the images i use don't have license, how can i proove him i am right ?
Just sayin "i read the website and drag and dropped" seems a bit messy to me.

Is there any legal document i should do or any best practices, so i will be sure i won't get sued ?

I want to be sure i can proove i am in my right


texts: Question About OpenStreetMap and Legal Requirements

texts:
We are planning to start working on a new Application (web based application) that requires us to use Geo Data.

OpenStreetMap is a free and open source data source that we could use as a starting point.

However it doesn't have everything that we need so what we are planning to do is to use their data to render the basic graphics (such as roads, parks, etc) and have a separate database to store more meta data for each geo data point.

My questions is whether if we have to make our metadata public or not ?

This is the few Urls that I found related to licensing:

http://www.openstreetmap.org/copyright

http://wiki.openstreetmap.org/wiki/Legal_FAQ

Thanks in advance


texts:
Somebody sued me for breach of contract. The case is in circuit court. The judge gave a trial date. However, plaintiff sent me an updated complaint copy after that. I thought it's just an update. I didn't do anything. After exactly 30 days, I got a motion notice that he filed against me for default decision. I am in the state of TN.

Motion date is after 2 days. What are my options?

1 - Should I submit a reply to motion or just go on motion date to verbally explain?

2 - What to do about the notice? Should I also prepare a reply to the updated complaint?

3 - Could court simply follow the law and give a decision in his favor as I didn't reply to him within 30 days?


texts: What would go into proving you are an employee and not a contractor?

texts: To my understanding, in Canada, an employee is given more protection and entitlements under the law, than a contractor. What would go into proving one is an employee and not a contractor? Would this be akin to "suing the employer in court"? Which court or tribunal would it be brought to? Does it not make a difference if a person is a contractor or employee until a dispute arises and it becomes unclear which laws (e.g. labour laws) apply?


texts: Is it legal to launch a phishing attack for educational purposes?

texts:
Currently I'm doing a internet security-related research for education. We've planned to make a public free WiFi and make a phishing website to phish login credential. We've use Facebook as our first stage of research in which we delete the login form, replace the login button with JavaScript which will redirect user to a notification page which tells them this is a phishing site and also telling them how to prevent this vulnerability.

If we don't collect users' login info, and we also redirect them to a page which notify and tell them how to prevent phishing, is it still illegal?


texts: Increased speed limit and decreased speed limit signs located ~1/3 mile apart on opposite side of road. When is it legal to increase speed?

texts:
Sorry for the confusing title, this is kind of hard to describe. I just moved to western MA. In my new town, there is this road where on one side, the speed limit goes from 40 to 30, but on the other side, rather than having the sign saying the speed limit goes up to 40 directly across the road, it is located another 1/3 to 1/2 of a mile further, meaning that oncoming cars will be legally travelling at 40 MPH in the opposite direction, but just going by signs it appears to the cars travelling in my direction that the speed limit is still 30 (I have drawn a sketch of what I am talking about below since it's difficult to describe). I always wait until I pass my 40 MPH sign before I speed up, but everyone behind me gets annoyed and starts tailgating me if I don't speed up. Also, when I'm driving behind someone, they always speed up to 40 after passing the 30 MPH sign on the opposite side of the road, even if they were driving 30 before. My question is whether it is legal to speed up to 40 once I get past the point where oncoming traffic needs to slow to 30, since from my understanding speed limits always work in "zones" where the limit is the same on both sides of the road. Or do I technically need to wait until I pass the 40 MPH sign even though it's quite far away?

Sorry for my bad drawing skills


texts: Is it illegal for a school to take away a student's holiday break because they are bisexual?

texts: So, My friend Zoey (Im going to call her Zoey, For the sake of privacy), Had joined a new school recently, from what I understand. They had taken her Thanksgiving and Christmas Breaks under the reason of "She is too new and must catch up on work". She has no work missing, and nothing from before she joined. I have a feeling they are doing this for discriminatory Reasons, because she is Bisexual. Is this illegal?


texts: Is this information considered personal?

texts:
Imagine a UK-based company made an application to order food from restaurants. The company decided to share the following information with the restaurants to summarize orders made

restaurant location
food type
user age
user gender
time and date of order

I believe this information is not personal because we can not know the user's identity from only this information, is this correct?


texts: Why is RKelly being sent to Prison and not my case?

texts:
I live in CA and I was sexually assaulted by my sister father around 1985 or 1986.

I went to the police and made a report regarding my sister father sexually assaulting me without using a condom I was around 11 or 12 years this was around 1985 or 1986. He wouldn't allow me to go to the police or a doctor I was a little girl and I was afraid of him and to speak out. I went to the police and they say the statute of limitations is up and it's too late. How could I file if I did not know?


texts: Should I be worried about an illegal statement from my landlord?

texts:
In a letter I received when moving into a new apartment (which mostly covered standard move-in logistics) my landlord wrote that there would be  a late fee imposed if rent was received more than 5 days late. In MA, it is illegal to charge these fees.

Of course, this statement about late fees was not in the lease agreement (I wouldn't have signed if it was!) and has only been mentioned once in this letter.

Should I be worried that this could be used against me to actually charge a late fee (by being considered a contract I implicitly accept by moving in)? Is there any legal reason for me to bring this up and get the landlord to formally acknowledge that they will not in fact charge illegal late fees?


texts: Can an employee be disciplined for breaking a rule that is clearly not usually enforced?

texts:
I started a new job working in a retail store. The employee handbook has several official rules and policy which are clearly not enforced. For example

no dogs in the store
no cellphones at work
always maintain two meters of distance with coworker
we are supposed to ID customers for their age but I noticed coworkers never do this

Can all of a sudden management start enforcing or disciplining (including terminating) people for infringements?


texts: Challenging jurors for cause based on beliefs in jury nullification

texts: In the United States, is belief in jury nullification generally a valid reason to challenge a jury for cause?


texts:
I'm working on a project for school about machine translation for physicians. I'm having trouble finding information about liability in regards to medical interpreters. Basically, if a translator incorrectly interprets a patient's words, and it leads to harm, who is considered to be at fault?

I'm Canadian, but I'd be interested in hearing how it works in other countries too.

Thanks.


texts: Does a boilerplate "This email is private" message have any legal force?

texts:
I get quite a few email messages with text like:

  IMPORTANT WARNING: This email (and any attachments) is only intended for the use of the person or entity to which it is addressed, and may contain information that is privileged and confidential. You, the recipient, are obligated to maintain it in a safe, secure and confidential manner. Unauthorized redisclosure or failure to maintain confidentiality may subject you to federal and state penalties. If you are not the recipient, please immediately notify us by return email, and delete this message from your computer.

(This example is from here.)

In fact, some email servers are configured to add such a warning automatically.

Do these warnings have any legal force? If so, what are their consequences?

Bonus question: I see reuse of a lot of the exact wording of the above example. (Google "only intended for the use of the person" and observe the many results.) What is the original source of this wording? Does it appear in a statute or some kind of official recommendation, or did one organization start using it and others followed the leader?


texts: Is an autogenerated, opt-out email legally binding

texts:
A software company are refusing to cancel a subscription product I have with them which renewed in 16th July 2017 unless I pay a £239.40 early cancellation fee. The subscription began in 2014.

They have no record of my approval, just a record that I didn't disapprove it.

They also refuse to cancel it in the future, and obviously cannot cancel it in the past.

Where do I stand with this sort of behaviour?


texts:
Can I refuse to upload my personal ID and picture into a website that my boss wants me to book a reservation in?

I just started this job a few months ago and my boss wants me to secure AirBnB and VRBO reservations for our guests.  however, in order to make reservations, the websites ask you to upload a government ID and a "selfie" in order to secure certain properties.  When I got the job, these type of reservations were not in my job description.  She just sprung it on me later.  Saying "you will be handdling the AirBnB/VRBO bookings.  I don't know anything about AirBnB/VRBO bookings but thought I would give it a try.  Then I came across having to enter this information.  I explained that I am not comortable doing that.  So she gave me access to her account.  I was booking a reservation in her account but it asked me to upload a government ID and selfie again.  I forwarded the message to her since it was in her account.  And now she is questioning why I do not want to upload my pictures, asking what is the big deal.  I feel like she will fire me for this.  Any suggestions?  Thanks!


texts:
Does the first-party issued cookie, under control of, and only accessible by the first party requires visitor consent? Given the conditions bellow:

Cookie is used to uniquely identify anonymous visitor (random visitor ID);
Cookie is persisted for the duration of the session;
Cookie can not (easily) directly be linked to a user (e.g. there is another technical session cookie that stores user ID for authentication purposes, but the two are issued by separate systems, and have no relation except that they are stored in the same browser);
Cookie is used to track and relate behavior of the visitor (pages visited, buttons clicked, general behavior stuff. etc.). The most sensitive information I can imagine stored using this identifier would be resolved Country/City, tops (no IP stored). The rest is just usage information related to the website.
Data stored with the identifier held by the cookie never leaves first-parties control, it is stored on servers controlled by the site owner.

Clearly this all needs to be written down in privacy policy, but do I need explicit consent for such a cookie also?

In theory, someone having access to both session cookie and "analytics cookie" could relate the two, but that is highly non-trivial.


texts: Disclosure obligations to employers: UK full-time salaried employee intending to take up additional paid employment 20% with a non-competing business

texts:
I recently started working full-time (i.e. approx 37.5 to 40 hours/week) in the UK as a permanent employee of a UK-based private organisation, with monthly salary paid through BACS to my UK bank account.
My contract of employment with this primary employer states the following:

During your employment you will:

devote the whole of your time, attention and ability to carrying out your duties with due care and attention;
not, without the prior written consent of the Company, directly or indirectly be engaged, concerned or interested in any other business whatsoever, provided that you are not prohibited from holding or being beneficially interested in, by way of investment, any shares or
securities of any company quoted on any recognised investment exchange (including an overseas investment exchange) as defined in section 285 of the Financial Services and Markets Act 2000 and comprising not more than 1% of any single class of such shares or securities.

I intend to take up paid additional employment i.e. a 2nd job, for 20% of my time (7.5-8 hrs/week) for another UK-based employer (salary prorated to 20% & paid to my UK bank account). This 2nd employer is a non-profit (higher education) entity, and does not compete in the business interests/segments of my primary full-time employer. At the time of interviewing for this 20% role, I was not in my current primary employment, and therefore did not have the obligation to inform them about it.
The reason for taking up the 2nd job is just to try out if I transition to a full-time role eventually with them (after 2 months of trying out the new role/commute etc.)
I have the following questions:

To obtain consent for from my primary employer for this additional 20% employment, do I have to show the contract of employment with my 2nd employer to my current primary employer (or does it suffice to inform my current employer via just an email?)

What are my disclosure obligations to the 2nd (part-time) employer?
Will I have to tell them that I am already working full-time with the 1st employer? What kind of documents will I have to submit to the proposed part-time employer (i.e. current employment contract, payslips etc?). I'd like to keep the identity of my primary employer confidential.  At the time of interviewing for this 20% role, I was not in my current primary employment, and therefore did not have the obligation to inform them about it. Is it still legally possible to not inform my 2nd (20%) employer about my current full-time employment.


texts:
Please first read this question

She sent me messages over whatsapp,
Is those messages are valid in Indian and Canadian courts?


texts: What liability is there for a company whose genetic modifications make their way into originally non-modified crops?

texts:
Assume that a company has created genetically modified crop plant. A farmer purchases some seed from this company and plants this seed in his field. Somehow, that genetic modification jumps species and gets picked up by crops in neighbouring fields whose owners do not want this particular modification. Assume that this causes an injury-in-fact.

What liability would the company have to the injured owners?


texts: Who's at fault for crashes while changing lanes if the driver who isn't changing lanes speeds-up beforehand?

texts:
I live in Minnesota (USA). I have only had my Driver's License for about a year now, and I recently had a bad experience. I was moving into a turn lane, and someone revved their engine, sped up, and cut me off before I was able to move into it. If I hadn't been watching carefully, it could have been a crash.

I think normally the one who is at fault in these situations is the person who's changing lanes, but the special circumstance confuses me.

I am glad that nothing else happened. However, if we had crashed, who would've been legally at fault? Would it have mattered if I could've provided evidence that they sped up, or that I had my turn-signal on? What other factors may be considered?


texts: Should email addresses be anonymized/pseudonymized under GDPR?

texts:
GDPR states recommendation to pseudonymise or even anonymise Personal Data. A lot — most of — web sites and services require email address on signup.

Should, from the Data Controller's point of view, emails be either anonymised or pseudonymised?

To put it simple, I run a website which stores users' emails; can I store them in the DB in plaintext?


texts: Can officials enjoy immunity for any crime by asserting they acted in official capacity?

texts:
Government officials in the United States enjoy broad immunity from personal and criminal liability for "official" actions.

However, even the sitting U.S. President is not immune to being tried for crimes committed "unofficially".  Yet I can imagine an official making a colorable argument that any action was performed in an "official" capacity – especially when that official is the government's chief executive.  Take an extreme hypothetical: The President murders someone in cold blood.  Rather than evade detection for the crime, and rather than raising traditional defenses at trial, he simply declares, "I killed that person in my official capacity."  After all, the President orders extra-judicial killings all the time.

Take the hypothetical down the line to beat police officers, who (as a whole) often kill people in their official capacity, and who claim they are "never off-duty."

What laws determine how claims of immunity for "acting in official capacity" should be adjudicated?


texts: Employer is damaging my reputation with client

texts:
I took a job a year ago for which I am significantly over-qualified, because it allowed me to work from home while I convalesced from two major surgeries. During that time, I have observed myriad opportunities to improve operations and brought many of those to my management but virtually all were ignored. So, I have thrice over several months proposed to higher management that I move to a new role, but due to incredibly high management turnover there has also been to no progress there.

My employer is a service outsourcing business, and while this was unfolding the client of theirs I essentially work for posted an opening for a job with a description essentially identical to that I have been proposing to my employer, and I indicated to a colleague that I would be applying for it. This information became known to my management, who NOW became interested and called me into a meeting with the intention of terminating me, which I have theater temporarily by virtue of belonging to multiple protected employee classes.

As a result of that meeting, my direct supervisor and her boss have begun a campaign of harassment. Most of that is typical and not germaine to my issue for this forum, which is that they are also actively working to denigrate my relationship with the client, using demonstrably false information. Can I halt that behavior, and/or Sue for the damage to my ability to later work for the client?

It may be worth noting that no NDA nor non-compete prevents me from going to work for/with the client.

Thanks very much in advance for your help.


texts: Financial Debt Transaction question, Compliance/accounting laws

texts:
I am an IT Database person at our company. Our company does not have a financial transaction interactive program for business users, to log customer debt payments or debt increases. So they are requesting me to become a bookkeeper/and manually log transactions with SQL statements (SQL is a database programming language). I have to log transactions with funky code into a database,

(a) Is this even legal? I have to log 1000+ transactions in a month, and if I mess up, my boss gets angry, I am not a bookkeeper. I doubt this even abides my financial compliance/GAAP accounting laws, etc.
(b)Just curious what my legal rights are if they ever try to fire people over this?


texts: Is a single electronic document that contains separate untitled and unnumbered sections “one contract”?

texts:
Given a written “agreement” between a “provider” and a “client”:

that exists solely as a single PDF file (there is no hardcopy version)
has a few “sections”, each of which is untitled and un-numbered, basically like paragraphs, albeit on separate pages within the document
the sections all deal with different aspects of the same overall single dealing/interaction
has separate places under each “section” where the provider wants the client to electronically sign to acknowledge/agree with the contents of section
some sections deal with what is being provided, some sections deal with what the client has to pay the provider under certain circumstances

How strongly can it be legally argued that the PDF is a single document, and that signing or not signing the sections should be treated as a single inseparable action?

If so (or even if not so), how strongly can it be argued that signing or not signing of the sections of a later PDF that replaced a previous electronically signed PDF for the same dealing (same document, except with the delivery date moved to a later future date, which in fact was the eventual delivery date) overrides then signing or not signing of all sections that were signed or not signed in the previous PDF?

ie does the second PDF completely replace the first?

This question is asked in the context of enforceability by the provider in both USA and Australia.


texts: Can you avoid military service in the Ukraine when you are studying at an university?

texts: Is it possible to do not go to an army in Ukraine due to the studying at the university? I mean not going to an army at all and studying at the university until you are 27 years old.


texts:
From time to time one is presented with adhesion contracts which have not been signed by the presenting party, and contain terms which are unpalatable.

Were one to modify the contract in ways which may not be picked up by the other party prior to signing it to make it more equitable/favourable to oneself prior to returning the document,  and without drawing the other parties attention to the changes, would one be acting illegally ?

I'd be interested in any specific laws which might cover this for a particular jurisdiction, but I'm more interested in any underlying basis in law why this behaviour would be considered illegal.    (One thought is breach of copyright, but I'm not sure if that could be applied)


texts: TikTok/WeChat bans and open source software

texts:
The executive orders dealing with TikTok and WeChat don't apply to just those particular pieces of software, but "any transaction by any person, or with respect to any property, subject to the jurisdiction of the United States, with ByteDance/Tencent Holdings or their subsidiaries, in which any such company has any interest".
For the sake of the argument, suppose that the ban ends up applying to the installation or usage of software from ByteDance/Tencent or their subsidiaries.  Also suppose that they've made contributions to an open source software project and still hold the copyright for the code they contributed.

Would the ban apply to the open source software in question, just because they hold copyright to a portion of it?
If yes to #1, and this was only realized after the ban had gone into effect, would there be any grace period allowed, or would everyone in the U.S. have to immediately stop using the software and only resume once the problem had been fixed?
If yes to #1, would the ban also apply to having the source code on a storage device within the U.S., or would it only apply to the compiled and installed software?
If the ban would apply to possessing the source code, would the ban also apply to a version control repository which contains all previous historical versions of the source code, even though the current version of the source code has been cleaned up?


texts: Which standards prevent laws from naming specific targets?

texts:
It seems normative that a law cannot enumerate any specific persons or companies to be included or excluded from its provisions. Imagine: "Violation of this section is punishable by a $100 fine; Joel S. to pay triple."

Such rules could surely cause conflicts of interest, and I know from programming that very specific heuristics tend to be brittle in practice. Are there specific legal principles which put this practice off limits?


texts: Is calling a tenant "babe" sexual harassment?

texts:
In the building where I pay a lot of money to live, a plumber came in my suite just to turn off a faucet, and then called me "babe" upon leaving.

I wasn't sending any signals, in fact I was annoyed he came in just to do that (when I could have) and I felt I was obviously showing this.

Do I have good right to say something to management or not?

My problem is that he's coming back tomorrow.


texts: Can "Double Jeopardy" be a loophole for murder?

texts:
Hypothetical facts:

A is tried and acquitted for the murder of B.
B was only presumed dead but was actually alive.
After being acquitted for Bs murder, A actually murders B.
A is later arrested and tried for Bs murder (a second time).

Question:

Can A raise Double Jeopardy as a legal defense in the second murder trial?

Jurisdiction: U.S., California


texts: Can a Canadian committing a crime against a Canadian in both the USA & Canada be prosecuted in both countries?

texts: If a Canadian citizen commits a crime against another Canadian in the USA and Canada, can that person be arrested and prosecuted in both Canada and the USA?


texts: I'm afraid I disclosed confidential information. What do you think?

texts:
I'm a shareholder and developer at a startup. Last month the board announced me that they will fire me, due to a merge with a partner as I'm considered redundant and all development will be moved to the partner.

Few weeks ago a professional "contact" asked me privately in FB how are we going during covid.
I was still emotionally touched and I told him I was fired, and the cause was a new partnership, that the company decided to move dev to external partner, and that I thought with the saving they got from my dismissal they will be fine.

I deleted the message, but I think he read it.
I'm fucking scared now.
did I disclose confidential information? the "contact" is also contact of my CEO, and his company is one of our customer.

What could happen to me?


texts: Legal consequences for crime in a non-extradition/hostile country?

texts:
We all know that Russia (and China,Iran,etc) refuses to extradite or punish cybercriminals, no matter how bad, as long as they don't attack their country.

Is the reverse also true? In other words, if an American was caught hacking or defrauding Russian corporations or persons, would there be any legal consequences?

I know the USA will not extradite, but could there be civil lawsuits or other punishments?


texts: Company acquired a website with existing users. Is GDPR announcement obligatory?

texts: When company acquires a website with existing registered users - is it obligatory (by GDPR) to send a notification/announcement email about the acquisition?


texts: Admissibility of evidence seized from wrong property on lawful warrant (USA)

texts:
Suppose the Police obtain a warrant to search Alice's house for smuggled diamonds (something really tiny). When they arrive, they knock on Bob's door instead of Alice's. It's a common mistake to make, and each new mailman has made it.

Case 1:

Bob is not home. The police search the place and find tons of (illegal item). When Bob returns, they arrest him.

Case 2:

Bob is home. He looks at the warrant, and informs the officers they are at the wrong house. The officers do not believe Bob, and think he's just trying to get them to go away. They search over his objections, find the (illegal thing) and arrest him.

This question shows that criminals are always at risk of being busted on unrelated but lawful law enforcement activities, but it seems to me that Bob's 4th amendment right was violated since the officers did not have a warrant to search his house.

Is the evidence the officers found at Bob's house admissible?

Jurisdiction is USA.


texts: What body? And who has to have it? For what purpose?  And then (it might be obvious once you've answered those questions, but please spell it out anyway) why is habeas corpus so central to the law?


texts: Ordered to hand over all messages with Plaintiffs name, though not being used in defense. Is this really allowed and enforceable in CA?

texts: My friend (Jane, NY resident) is being bullied by a high net worth person (John, father of her child) in family court(NY) but she is doing fine in that case despite having very little money and going up against extremely expensive lawyers.  However, the child's father has brought civil criminal charges against her in California where Jane stayed on and off with him.  We know that in reality, he is doing it as retaliation and abuse but, no way to prove that in court (yet?).  He is a multimillionaire and has several law firms working for him,(her council in CA told her John must be spending ~$250k/month!) just on the criminal case (has one lawyer working on the custody case, but still an expensive one).  Jane had an attorney in CA that helped her with a restraining order and recommended  Arnold to defend her; Arnold is working on contingency.  The problem is that I question his ethics and worry that John is colluding with him.  Jane was going to use a few text messages in her defense but Arnold told her she would  have to surrender every message taken off her phone.  This sounded crazy and she decided to not submit anything.  Arnold has recently asserted that the judge (CA) has ordered Jane to hand over any and all text messages where John is mentioned, even though she will not be using them in her defense.  Is this really legal and part of discovery?


texts: What addresses can be a primary place of business for an LLC in Florida?

texts:
According to the Florida "SunBiz" website, the Article of Organization must list a "Principal Place of Business Address" in addition to a mailing address and the registered agent address. Those instructions make it clear that:
a) a PO Box is acceptable for the Mailing Address
and
b) the registered agent must have a physical address
but says almost nothing about the nature or requirements of "principal place of business."
My question is, for a LLC that will have no physical location where it conducts business, what addresses can be listed? I don't want to use my personal home address for obvious reasons of privacy.

Can I use my registered agent address (assuming the registered agent service I use will agree to it)? If so, is that typical?
Can I use a basic PO Box (as opposed to a more sophisticated and expensive "virtual office" service)?


texts: Is there a way to hold someone criminally liable for the factual veracity of statements made outside of court or other official proceeding?

texts:
I am not talking about criminal libel or defamation in jurisdiction where such a thing exists - rather, is there a modern equivalent of an oath ?
Can a talk show host for example ask an interviewee to confirm or deny an alleged fact in such a way that if later determined to be a lie it will make the interviewee criminally liable ?
Can a private party form a contract with another party that should a certain representation be determined false a criminal rather than civil penalty will apply ?


texts: Is sharing onlnie a video with copyrighted song in background illegal?

texts:
I am helping a friend make a Facebook page. I am one of the admins. The page is for her clothing modeling. She had me upload a video of her walking down a run way modeling, but Facebook notified me it may violate copyright as in the background a song was playing. Is it ok to use the video as the main focus was not the song? What laws apply?

In general, if you have a video, and in the background a song (such as one by Bruno Mar’s) is heard playing, does that mean you are breaking copyright by posting it publicly online? Should I get my friend to sign any agreement, like the videos she gives me she has the right to use?


texts: What happens if you call the police to report another police officer?

texts: For instance, if you witness a police officer committing a crime or police brutality, would calling the police or 911 lead to an immediate response against the first officer?


texts: What's with unexpected cancellation fees?

texts:
I made a doctor's appointment by calling and reserving it.

I received a text messaging saying that I need to call the doctor's office and confirm my appointment, and that if I fail to do so the appointment may be cancelled.

I forgot about the appointment and missed it, and then I received a text message saying that I owe them $125 for failing to cancel the appointment.

Is this some kind of fraud? Or why do they do this?

I will never pay them unless ordered to do so by a court, which I don't expect to happen, but is it normal?


texts: Is it Illegal for a Debt Collection Agency to Collect on an Individual for a Worker's Compensation Claim?

texts:
If someone were to have a worker's compensation claim in Texas that had been approved but unpaid, can the medical provider legally file a claim against the injured?

More specifically, the employer paid the hospital bill but did not pay the physician bill - which has now gone to collections.

It appears that SEC. 413.042. PRIVATE CLAIMS; ADMINISTRATIVE VIOLATION of the Texas Labor Code, Title 5 - Workers' Compensation Act prohibits this.


texts: Does GDPR apply to internal employees data?

texts:
Currently, our team has a number of internal tools that aid the testing and deployment of our products. These are used solely by internal employees, and record actions taken (such as when a file has been viewed).

The recorded data contains identifiable information, such as their Windows username - which can be used to identify a specific individual.

We also process this data, to provide statistics on individual's work, to managers who are also internal.

Does this data, also need to comply with GDPR - or does GDPR only apply to data from the public?


texts:
Let's go on a retrospective to June 1973, New York. Upon a pillar of Brooklyn Bridge Peter Parker is facing Norman Osborn who kidnapped his friend Gwen Stacy. After a short standoff, Mr. Osborn's very close flyby results in Gwen Stacy falling off the bridge and she plummets down.
Mister Parker uses a device to attach a somewhat flexible rope to the leg of Miss Stacy. As it breaks the fall, it also results in the demise of Miss Stacy, as James Kakalios thankfully calculated for us. It is unclear if she would have impacted the concrete and died or hit the water and what effect that would have had on her.
Assume both Mr. Parker and Mr. Osborn are known to the police and the view of the comic panels was captured by some sort of camera or witnesses, as one can see here. Besides the kidnapping charge to Norman Osborn, who is to be charged with what by the District Attorney and can the family of Miss Stacy bring a wrongful death claim against one or both men?
As a little look into what might happen in a trial: Mr. Osborn will claim in court that he wanted to save her but before he could reach her on a (non FAA approved plane) it was Mr. Parker's action that prevented the rescue. Also, he might draft Professor Kakalios for a physics lesson and as an expert on kinematics.


texts: GDPR and local data storage in mobile app

texts: Let's say that I have a mobile app that tracks the user and saves his GPS coordinates locally only on a mobile device so that he can check where he was. The mobile application does not send this data to any server. Does GDPR affect me and my app in any way? Do I need for example to change my app in such way that it encrypts that personal GPS data on the device? Or GDPR has no influence on my app as I as a person do not have any access to that data?


texts: What semantic notions underlie 'replevir' with the property tort 'replevin'?

texts:
Etymonline:

  [4.] recovery of goods (by someone) taken from him, upon posting of security," mid-15c.,
  [3.] from Anglo-French replevin (14c.) and Anglo-Latin (13c.) replevina,
  [2.] from Old French replevir (v.) "to pledge, protect, warrant,"
  [1.] from re- "back, again" (see re-) + plevir, of uncertain origin; perhaps related to pledge (v.).
  The corresponding verb is replevy (1550s).

What semantic notions can explain the semantic specialization of meaning from 2 to 4?

The possessor doesn't possess, and so can't "pledge, protect, warrant", the good that she must recover from the tortfeasor.


texts: Does data that is anonymized need to be collected in the event of a GDPR Subject Access Request?

texts:
Google Analytics anonymizes and aggregates all user data so it is not possible to look up an individual user.  Does that mean that in the event that we use Google Analytics and receive a Subject Access Request, the data that Google Analytics collects is not applicable to the request, or do we still need to find a way to dig any relevant data out of Google Analytics.  I also asked about this on SO in case you want to see the technical programmatic version of the question:

https://stackoverflow.com/questions/50684479/handling-gdpr-subject-access-request-for-google-analytics/50703855#50703855


texts:
In the U.S. debt collection companies who are told to not call a debtor are required to cease all cellphone contact attempts.

Does this Do Not Call command apply only to the debt collection company who received it? If the debt collection company was owned by another company, could they pass the do not call number to the parent company or a sister company to bypass the do not call?


texts: If a security guard wrongly physically stops you, is that assault?

texts: Suppose you are a law-abiding citizen, but a security guard wrongly thinks you stole something from a store. Without warning, the guard physically restrains you. Could you press charges for assault? (United States)


texts: Is it legal to create user accounts on behalf of users?

texts:
Suppose that a customer wants an online or cloud service provider to port all their users from their old system to the provider's new system. Most of them won't know this is happening.

It seems like creating a user in a system is bypassing the acceptance of user agreements, privacy policies, and TOS.

Is it legal to create an account for a user in a system with or without their consent (whatever that means)?


texts: Can an employer mandate an EUA-approved vaccine?

texts:
Liberal political commentator Matt Yglesias just tweeted this:

I’m not an expert in Vaccine Law.
But the military requires a lot of vaccinations but says it can’t require the Covid vaccines because they are authorized under EUA and not the normal FDA process.

Now I’m not sure if the US military is subject to additional rules that the private sector is not in this regard.  But regardless, my question is, is it legal in the United States for employers  to mandate a vaccine which has FDA Emergency Use Authorization but not full FDA approval?


texts: What kind of contract should I use to hire people only in the case of future funding?

texts:
I have to present a project for a new application to investors where I have to include the details of my team members.

Since the team is still incomplete I would like to be able to make agreements with external workers taken from the web and use their personal data, starting the employment relationship only in the case of a success financing.

Is there a legal form to make arrangements with a worker for a future activity, not paying them now but binding them to my project based on the contingency of future funding?


texts: Can a nonprofit be a subsidiary of a for profit?

texts:
I have seen many results for a for profit being a subsidiary of a non profit, but not the other way around. I know there are some conflict of interest laws and was wondering if any of you can link me to any legal documents regarding this.

My question again is, can a for profit company form a nonprofit subsidiary?


texts: Is missing a single payment on a loan a crime?

texts:
Is it a crime to take out a loan with no intention to repay?

Take this scenario. Someone misses a single payment on a loan. It was proven that they intended to miss the payment.

Does this count as fraud or theft? Even if they make up the payment and follow everything  otherwise, is the fact that they intended to miss even a single payment grounds for fraud charges? And in that case isnt everyone guilty of fraud?


texts: Carrying a concealed filet knife in Colorado

texts:
Webpages like Colorado Knife Law and others list Colorado law pertaining to concealed knives as such:

These knives are illegal to carry concealed:

All knives less than 3.5 inches are legal.

All fishing and hunting knives of any length are legal.

All knives over 3.5 inches are illegal.

So, can I carry a concealed 6 inch filet knife in Colorado?
Any help would be appreciated.


texts: Legal action regarding a potentially violent neighbor

texts:
My neighbor that lives in the apartment below mine repeatedly makes ridiculous complaints of us making noise which include "being able to hear our fan" while we use it during a hot summer night, or that we are "talking too loud" when we are talking at a normal volume in our own rooms. It it important to note that his roommate has no issues with our supposed noise, just him.

A conversation with him last night began with him hammering loudly on our door with his fist and ended in him punching our door before storming off, and given that he seems to have very little control of his anger, my roommates and I are worried he might physically lash out. Given that he did not punch the door hard enough to leave physical evidence, what legal action can we take against a potentially violent neighbor to ensure the safety of my roommates and myself? Can this be considered a form of harassment?

Edit: I sent an email to the management company regarding his behavior informing them that I wanted it on record that I notified them in case something happens again and nothing was done on their part. But since "he complained first" we are in jeopardy of being evicted, because if he complains again we would be in violation of our lease agreement (which states we cannot annoy, disturb, inconvenience, or interfere with the quiet enjoyment of another tenant).

I looked up the noise laws for my city, and they state that the noise must be loud for a "reasonable" person of "average sensitivity." I definitely feel that my neighbor does not meet either of these criteria, but is there a way to go about showing this?


texts:
If an EU citizen (and EU resident) travels to the UK and receives a FNP (fixed notice penalty) in the UK for littering, can the UK still enforce the fine? Would the UK authorities need something more than the ID of the person to enforce payment?

Is a FNP, from a legal perspective, like a traffic violation? Is enforcement common?


texts: Is it legal to share links to file hosting sites containing copyrighted material?

texts:
I was wondering if there are any illegal aspects about sharing a link to a file hosting site (e.g. mega/dropbox) to download copyrighted material such as movies etc.

Are there any differences if I just share the link compared to if I also upload files on a site and then share it?


texts: My (PA) divorce contract states that a benefit (child or education credit) one of us receives from claiming a dependent will be shared.  Under the tax law, my ex does not qualify to receive the credit since he makes too much  money.  does the contract stating we'll share supersede the tax law & am I obligated to share?


texts: Can video of a person's permission to take video make the video legal?

texts:
Let's say I'm in someone's home, recording people with a video camera. Later, one of the people I recorded claims that I didn't get their permission, and that therefore, it was illegal to record them, and so they file charges against me. However, the fact is that I did get their verbal permission, and recorded it on the video I took.

It's my understanding that the Exclusionary Rule prevents video taken illegally from being used as evidence. But the evidence that the video is legal is on the video itself. So my question is, could the video itself be used as evidence that the video is legal?


texts: Is a security guard at an IRS office legally allowed to demand to see my cell phone?

texts:
This is sort of related to this other question but in this case it is about a cell phone and about entering a government (IRS) office.

I visited an IRS field office in Worcester (Massachusetts, USA) a couple of years back and had a somewhat off-putting experience with their security guard asking to see my cell phone. As in, "in order for you to get in here, I want you to hand over your cell phone".

The request seemed a bit weird but as I had a need to talk to IRS personnel, I gave him my phone. The phone was one of those Nokia N900 smart phones. He turned it on, fiddled with the screen a bit (I thought at that time that maybe he was trying to scroll it to see what apps I had on it), and gave it back to me.

This guard was not an official law enforcement person (police officer or sheriff or anything like that) but from some private security company.

Anyway, this experience came up in a discussion later and what I wanted to know is what the U.S. (or MA) law says about requests to see another person's cell phone.

In USA, or MA, would a security guard at an IRS office be legally allowed to demand to see my cell phone?


texts: Can a person get in trouble for using an altered photo ID?

texts:
I am not 18 yet, actually 17. And I found this awesome way to make money online, but it requires you to be at least 18 years of age. The website asks for a photo of your ID at the registration. So I changed a 9 to an 8 in my DoB on a photo of my passport. Can I get into any sort of trouble for using this slightly adjusted photo of an ID?

(I personally believe that I won't since I don't have any bad intentions, I'm doing it just for the sake of making a bit money online for myself.)

I'm just not sure if it could count as forgery (since I've photoshopped it myself) or any type of misdemeanor.

EDIT: How about if I use ID from another country?


texts: Legality of post-WWII expulsions in Australia

texts: After WWII, most Japanese people were mandatorily expelled from Australia unless they were born in Australia or had an Australian or British wife, according to this site (the same may have happened to Germans and Italians - I'm not sure). Was such a policy legal in that time, and if so, to what extent does the law differ in Australia today?


texts: Is a copyright license by default revocable or irrevocable?

texts:
If I grant someone a license to use a copyrighted work of mine, do I need to detail my ability to revoke the license within the terms of the license grant, or is that ability inherent to all licenses?

I understand that a copyright license could have terms like, "This license is irrevocable" (as the GPLv3 does) or, "This license may be revoked under any of the following circumstances..." Absent any explicit language about revocability or irrevocability, what is the default rule for revoking a license?

I'm interested in copyright licenses that are granted publicly to anyone who wants them (e.g., how open source software licenses are typically granted), but also interested in the general rule, including licenses granted to specific parties.


texts: Employer did not accept resignation in Germany

texts:
I'm currently working for a company in Germany and the notice period is two weeks. I sent my resignation via E-mail.

They told me after 3 days that they did not accept it because I need to send it via writing in a letter through the post and that it needs to be signed!

How should I proceed and should I hire a lawyer?


texts: In Canada, is there a difference between province and territory?

texts:
As it goes, Canada is a country in North America, consisting of 10 provinces and 3 territories.

Are there any legally significant differences between being a province compared to a territory?

Do all the provinces and the territories have the same authority and jurisdiction to specify the laws of the land?


texts: Are SCOTUS justices required to recuse themselves when their appointment is after briefs have been filed in the case?

texts:
Yesterday, the US Supreme Court announced a schedule change for Gloucester School Board v. G.G., which would push the due date for respondent's merits brief as far back as Febuary 23, 2017. The website SCOTUSBlog notes that:

  under the revised schedule it would not be slated for oral argument until the court’s March sitting (which begins on March 20) or possibly even the April sitting (which begins on April 17) – increasing the chances that a ninth justice may have taken the bench by the time the case is argued.

Is there any rule regarding how late in a case a new justice can join tp participate in the decision?


texts: How does "mistake of fact" apply as defense in the Amber Guyger Case?

texts: Amber Guyger was convicted of murder: entering the apartment of Bothum Jean and shooting him.  She claimed she thought she was in her apartment.  How would a defense of "mistake of fact" apply in said case?  IANAL and seek to understand the subject matter


texts: Copyright of country/region names for fiction

texts: I am working on a PC game that I intend of selling at some point in the future. The story of the game is revolving around a tribe that used to live in Europe. The name of the tribe is quite popular today and there is even a region with the same name in Greece today. I would like to know if it is legal to use names like that for my game story, or am I better off with changing the name so I wont get sued...


texts: Want to sue my former employer for wage theft; or settle

texts:
I have not been paid wages for April 2019 and was abruptly laid off on May 8. I want to sue the company. They are moving money out of the U.S., telling employees we'll be paid soon, and seemingly preparing for bankruptcy. A source tells me the company is prepared for former employees trying to file a lawsuit.

My other friend, not giving formal legal advice, says it sounds like an open and shut case, but none of the former employees have the resources at present to sue the company for wages. He says the company is committing wage theft and likely is guilty of "unfair preference" if all this is indeed happening.

Are there any legal firms that would take on this type of case? They're moving money to other countries and employees there have been paid.

Time is a bit of the essence. Sounds like they're going to declare bankruptcy on May 15. They're trying to get us to sign general release documents but I'm holding out so far.


texts: Does Israeli law prosecute citizens who operate sex rings in other countries?

texts:
I didn't realize that Israel is such a prominent player in sex trafficking. I don't know if there's a connection with Jeffrey Epstein, though Epstein was apparently linked with a former Israeli prime minister.

There are a surprising number of references to the general issue online; below are a couple examples.

In summary, I just wondered if an Israeli citizen operating a sex ring in Colombia, for example, could or would be prosecuted by Israel's government.

14 Israelis suspected of running child sex trafficking ring in Colombia

Sharp Increase in Sex Trafficking in Years Since Israel Lifted Visa Restrictions


texts: How to Create an Alumni Association in India

texts: I have a group of ex-students who want to form an alumni association in india. What is the legal process for this?  E.g., where and how do we register?


texts: Can a company change a policy and enforce it like this?

texts:
If an organization offers an online education policy as a perquisite (after being employed for a certain period) and the policy states that it's free for the employees if they opt-in and they'll have to pay 50% of the fee if they decide to leave the organization before completion of the course.
So if an employee opts-in to this policy, and after a while decides to leave the organization, can the organization change the policy right before that claiming that someone leaving (before completion of the course) will have to pay the complete amount (instead of the 50%).
Is this legal? If not, what are the possible ways to raise this without jeopardizing the whole thing and without it seeming like a legal threat?
Perquisite: a benefit (in lieu of salary) which one enjoys or is entitled to on account of one's job or position, which is taxable
Note: In the original policy it is stated that this policy can be changed without notice. But I'd think this would mean that it can be changed going forward, without explicitly having to inform anyone. Does that mean in anyway that it can also be enforced for agreements in the past?


texts: Could the Supreme Court prohibit abortion? (And other misconceptions about overturning Roe v Wade)

texts:
Here's my layman's understanding of Roe v Wade:

A state had a law prohibiting abortion;
That law was challenged all the way up to the Supreme Court;
The Supreme Court found a right to abortion in the 14th Amendment;
The right to abortion was thus determined to be constitutionally protected;
The Constitution takes precedence over both state and federal law;
Therefore, neither the states nor the federal government may pass any law abridging the right to abortion.

If Roe v Wade were to be overturned by some future Supreme Court, it would mean that the right to abortion is not found in the Constitution, and therefore not constitutionally protected.  Thus, the states and the federal government would be free to pass laws banning abortion, if they so choose.

I think many Americans would be surprised to learn that if Roe v Wade were overturned, it wouldn't mean abortion is automatically outlawed throughout the land.  It means every state and the federal government would have the opportunity to make its own laws about it.  (Get ready for 50+1 more battles, I guess.)

But could a future Supreme Court not only overturn Roe v Wade, but also find that abortion is prohibited by the Constitution, thereby preventing the states from making their own laws about it?  Does the Supreme Court ever rule that something is prohibited, or only protected/not protected?

Not exactly sure how this could go down anyway.  The Supreme Court doesn't write laws, and a prohibition on abortion would have to involve not only the prohibitory statement itself, but also exact definitions, sentencing mandates, parole guidelines, etc.  This sounds more like the state legal codes on homicide (first-degree murder, premeditated murder, vehicular homicide, manslaughter, accidental homicide, accessory to murder, etc.) than a Supreme Court ruling.


texts:
I’m doing a cleaning job for a school under an employer. The contract ended and they lost the account and the school wants to hire me directly to stay there because they love the way I do my job.

But my old boss is making it seem like I’m stealing the account from him and he's saying I can't work for them because he did business with them and that I can't work with them for a year because I used to work for him. Then he also said I signed a year contract with him that I'm definitely sure I did not sign and that the only way I can stay is if they sign the contract with him again.

I honestly don’t know what to do legally about this I have a family to support and this could really help us.


texts: Why do tech companies incorporate in Ireland instead of Seychelles?

texts:
Ireland tax rate is low. 15%.

However, Seychelles tax rate is even lower. It's 0%.

So why bother incorporating in Ireland?

I mean are there any laws in US, Ireland, or Seychelles that motivate IT companies to incorporate in Ireland instead of tax haven like Belize?


texts: Is the New Jersey quarantine rule a legal requirement or merely a recommendation?

texts:
According to the official New Jersey COVID-19 Information Hub as of March 8, 2021 (emphasis in original),

Travelers and residents returning from any U.S. state or territory beyond the immediate region (New York, Connecticut, Pennsylvania, and Delaware) should self-quarantine at their home, hotel, or other temporary lodging following recommendations from the CDC:...

The self-quarantine is voluntary, but compliance is expected.

The site comes out and seems to say that the quarantine is voluntary, but then says that "compliance is expected".
Is there a legal penalty or intervention for not following the above guidelines, or are these rules enforced solely through social pressure (frowns, social ostracism, gossip, etc.)?
To be clear, I'm not asking for the socially responsible or healthy choice, but the legal one. For example, if someone were to walk into a NJ government office and loudly proclaim that they had just arrived from Texas and won't be self-quarantining, is there anything they can do except appeal to the person's conscience? In other words, is the description of the quarantine as "voluntary" more a recognition that public health authorities are not actively monitoring and pursuing visitors as a matter of practice or is it a recognition that the state literally has no legal means to force visitors to comply?
Also to be clear, I'm asking solely about the general quarantine described above. Cases where someone has tested positive for COVID-19 or been specifically identified as a close contact of someone who did are out of scope for this question.
Why someone would want to travel to New Jersey is out of scope for this question.


texts: How is it legal for the US President's name to appear on aid checks?

texts:
Apparently, (soon-former) US President Donald Trump's name appeared on the stimulus checks sent out last year.
I guess this is a late question to ask, but - how can this be legal? It makes it appears as though it is a personal gesture by Trump rather than a federal state action, which if anything is credited to the congress. Obviously it has a significant (and perhaps huge) effect on people's personal support for Trump as a candidate if "he sent them checks".
Is this kind of practice really not forbidden by some law or election-related regulation?


texts:
Flying through security checkpoints in the US, I have seen and experienced passengers getting chewed out for choosing opt-out pat-down screening, with agents being extremely annoyed about the extra time required and ranting about how terrible the consequences would be if everybody did so.  Such passengers sometimes lose property beyond prohibited items, and are powerless to do anything about it.

If the passenger tries to complain after, the TSA can simply deny the truth and claim it doesn't happen, or claim the passenger was doing something wrong. The passenger may not have any access to TSA video records which would disprove their claims, as that's considered secret, unless the records clearly show that the passenger was in fact in the wrong.  Signs in security screening areas clearly prohibit recording, communicating the message that the passenger cannot have any recording evidence and their word is easily discounted compared to someone in uniform.

The elimination of ways in which officers can be held accountable opens the door to abuse of power (regardless of whether or not agents legally have much power) and leads to more situations in which the accountability is desired/necessary.

What does the law actually say regarding passengers' rights (or prohibitions) on recording interactions with TSA officers?  What punishments are they allowed to institute on a passenger who attempts to record, beyond seizure of the passenger's property and detention past the passenger's flight departure time?


texts: Is it constitutional to go door to door to pass flyers for commercial purposes? (USA)

texts:
I pass flyers to help out my parent's store, but I have repeatedly been told that it's illegal and have had the police called on me a good number of times even though I don't give flyers to houses that have "no soliciting" and "no trespassing" signs up, and immediately leave if somebody says or even implies they don't want one. Nevertheless, I'm pretty sure no soliciting laws that outright ban soliciting are unconstitutional from the readings I've done. The most notable of them I consider is the 1976 Supreme Court case "Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council." To be honest, I'm not even sure if what I'm doing is considered soliciting because I'm not necessarily selling anything or knock on doors. I'm simply giving out flyers with information on it for potential customers to call at a later time. I also read an interesting article called "How to Get Rid of Door to Door Salespeople Once and For All!," but I'm not sure on its validly or if I'm missing anything.

Add-on questions: What about for gated communities? Neighborhoods have signs posted at their entrances saying "no soliciting"? And gated communities with no soliciting signs?

Can somebody claim property damage if the ground around their property was muddy and my shoe happened to sink into the ground and leave a mark?

It's illegal to put ads in people's mailboxes, but sometimes, the person I try giving the flyer to tells me to just put it in their mailbox. What should I do in that case? If they claim that I put it in their mailbox without their permission, I would have no way to prove otherwise, unless there happened to be a recording of the ordeal, which isn't very likely.

Please help me out, as my parents aren't doing much of anything about it and simply tell me to ignore them or go to another's street. The fact that I'm 15 makes the entire thing worse. This has caused me a lot of distress over the years, and it would be nice not having people think I'm breaking the law every day, as I pass flyers every day.


texts:
So, long of the short. They offered to pay off my meager credit card debt. I was able to cancel all the payments but one.

I called my bank and reported a fraudulent payment. It was for $211.
So, am I going to jail or will the charge reverse and I pay my bills like usual?

I know I made a mistake, please don't rub it in.


texts: When is it okay as a retail store owner to refuse service to a customer?

texts:
I was reading about the bakery that has been fined for refusing to provide a cake for a lesbian couple:

http://jezebel.com/bakery-that-refused-to-bake-cake-for-lesbian-couple-mus-1715747809

... and I wondered what rights retail store owners have for when they can or cannot refuse service.

If a couple came into the bakery and smashed a display case (to go to an extreme) or used offensive language to the other customers, my assumption is that it would be legal for the bakery owner to refuse that couple service. (Please correct me if I'm mistaken.) However, it would be illegal for the bakery to refuse service to customers based on the color of their skin, sexual orientation, gender, etc.

Could someone explain to me the legal distinctions therein? I believe there is something about the latter type being discrimination based on a "permanent condition" but that's the sort of thing I'm looking for some clarity about.


texts: List of things that are illegal to sell online?

texts:
I'm looking for a list of products/things/services that are illegal to sell online. Preferably not just things that are illegal to sell in person as well.

For instance, I believe it is illegal to sell/ship pets online?


texts: Is male circumcision without consent and without medical reason legal in France?

texts:
A lot of circumcision are realized on children in France without medical reasons.
Are those operations legal or illegal ?


texts: If you have a parent LLC that owns several other LLCs are you still protected. For instance if one of the child LLCs lands a lawsuit can that lawsuit effect your other LLC or the Parent LLC and you run the possibility of losing your other LLC's?


texts: A university has a contract with the government. Does a university need to confirm the existence  of a contract when the third party asks?


texts:
Is there any country that would legally allow a private military organization to take part in a military conflict outside of its own borders?

For example, a private military agency established in country A takes part in a conflict between B and C in the territories of both B and C, but not in A's.


texts: Open Source liability if I accept donations?

texts: If I have an open source project with the MIT license and I accept donations, does that change my liability?


texts:
I submitted a FOIA request to State Dept. of the United States. The FOIA request was immediately acknowledged, assigned a number and I was notified that it is being processed. This was some 180 days ago. I queried several times on the status of FOIA and was replied that it is still in process and that it was in "complex category".
I fully appreciate that pandemic context makes the work harder, but what I asked is a specific document some 30 years ago and, while probably not digitized, I did not expect FOIA to take half a year.
My questions are - is this normal to take FOIA this much time, even if it's in complex category. Secondly, what options do I have to press SD to produce the document or deny my request.


texts: Why do lawyers tend to be very conservative in making suggestive predictions?

texts:
Lawyers tend to be very conservative.
For instance, clients often ask them for an assessment of "the chance of X going through". While clients can make it clear (in writing) that lawyers will not be held legally liable for giving "pure advice", lawyers often still refuse to give any guidance (even when they clearly do have one in mind).
This can be inefficient because clients often need to rely on imperfect expert assessments to make judgments.
What make lawyers so conservative? The "obvious" answer is that they do not want be sued. However, the same should apply to consultants, but consultants are much less conservative. Further, this shouldn't explain why lawyers are so conservative even if clients make clear that they cannot be held liable (assuming that such client statements are legally binding).
Given this, one more possibility is that this is purely due to the legal sophistication of lawyers. That is, even consultants should also be afraid to be sued, they failed to avoid it due to not being very sensitive about legal matters.


texts: Why are electronic and photorecording devices prohibited in courtrooms?

texts:
Observers in open court hearings often must resort to taking notes by hand and making pencil sketches.
In the US we often see limited snippets of video footage on TV, and yet, there is still the tradition of court trial drawings with pencils and pastels.
What is behind the ban on photo or video recording devices even as it may seem to be eroding in some jurisdictions and locales?


texts: At what point can I pay someone else to do maintenance and deduct the cost from rent?

texts:
I figured I should ask this as it's kind of a specific case. Basically my mom and dad moved into a place probably 15 years ago, and for years my dad did all the repairs/snow removal/landscaping/general maintenance etc., Usually free of charge or with the landlords paying for parts, because he liked doing DIY stuff and didn't mind.

However my parents have been divorced for two years now, and my mom still lives in the property where the landlords got so comfortable not paying for anything that she waited 11 months for her oven to be fixed and 6 months for her refrigerator until I finally just paid to fix it.

Now she got oil for her heat(she's been using electric ones for a while) and because the landlords have neglected yearly maintenance on the boiler the gaskets are in multiple pieces and it was completely full of 10+ pounds of God know what. I cleaned it but her landlord swears the rope gasket(in 4 pieces) and the regular cracked and crumbling gasket are both fine when it is clearly letting smoke out of the opening. At this point I'm ready to just pay a friend that does HVAC to replace the seals but I'm not doing it on mine or my mother's dime. To be clear, the last time the boiler was actually serviced with 2007, the first year they lived there, since then they have failed to schedule any yearly tune-up, cleaning, etc.

It's clear the landlords have neglected regular maintenance or repairs, so at what point am I allowed to simply fix it and deduct the cost from the rent(as landlordology says is an option)?


texts: What is the type of a contract where one party of the contract promises to pay in the future?

texts: I'm searching for the name of a contract where one party of the contract promises to pay or perform in the future for monies, labor, goods, services etc. When Debtor receives what they want, all future repayments are null and void sort of like when Wimpy "will gladly pay you Tuesday for a hamburger today." I think the word begins with a p____ contract. It was used in the context of when a woman promises her partner something in the future for something now.


texts: When is the effective date for travel ban?

texts:
In the White House travel ban announcement Under the Section 7 part (a) I can see that:

  The restrictions and limitations established in section 2 of this
  proclamation are effective at 3:30 p.m. eastern daylight time on
  September 24, 2017, for foreign nationals who: (i) were subject to
  entry restrictions under section 2 of Executive Order 13780, or would
  have been subject to the restrictions but for section 3 of that
  Executive Order, and [...]

Does that mean that the effective date of travel ban would be September 24, 2017?

I'm asking because I noticed under Section 3 of the same document:

  ... this proclamation shall apply only to foreign nationals of the designated countries who:

  (i) are outside the United States on the applicable effective date
  under section 7 of this proclamation;

  (ii) do not have a valid visa on the applicable effective date under
  section 7 of this proclamation; and ...

Many people potentially affected by the ban where present in the states this summer so I'm hoping to understand better what the effective date of the ban is.


texts: Does sharing a personal text conversation violate GDPR

texts:
I engaged in a text conversation over WhatsApp with another person, both of us in the EU, specifically Spain. I would now like to show a section of the texts to a party that would be affected by content discussed in the text messages. This content discusses unethical acts, but nothing illegal.
Does GDPR or another regulation forbid me from sharing the text conversation? If so, is there any action I can take that would allow me to share the conversation?
Thanks for any help or pointers.


texts: How might the legal system resolve court dates in a situation like the following?

texts:
Adam has a defamation suit against his ex-wife Eve for a lot of money in the United States. Adam also has a contract to perform professionally abroad from months 1 to 4.
The latest court date (in the U.S.) is month 4 but it was originally well before month 1. Adam wants to reschedule so that the court proceedings don't interfere with his contract.
Would a U.S court honor his request, based on his prior commitment? Does the court date give Adam a legal excuse to violate the terms of his contract abroad? Or is Adam caught in a "Catch 22" type situation whereby he will be in contempt of court if he isn't in the United States in month 4 and in breach of contract if he isn't abroad in month 4?


texts: How does lawyers' duty of fidelity to court work?

texts:
Rules of conduct and client care for lawyers say in Chapter 13:

The overriding duty of a lawyer acting in litigation is to the court
concerned. Subject to this, the lawyer has a duty to act in the best
interests of his or her client without regard for the personal
interests of the lawyer.

(This is in New Zealand, but I assume there will be a similar rule in many other countries).
What difference does that rule make? If it did not exist, what would have happened?
Specifically, I am interested in the contrast with self-represented non-lawyer litigants who, obviously, do not have that duty of fidelity. Both lawyers and non-lawyers are allowed to litigate and are supposed to be treated equally by the courts — only their points of law should matter who wins, not their status/duties to the court. If so, why have the duty at all? Conversely, if the duty is required, why allow to litigate without signing to it?
And one related question: what are examples of "overriding" — when a lawyer has to be not entirely honest to his client because he first has to be honest to the court?


texts: Can landlords omit fee structure on a lease?

texts:
A brand-new apartment complex, "professionally" managed by a huge management company, has refused to provide details on how much it'll cost to do lease reassignment, with the rationale being that they've never had to do it yet at this very complex, and thus they'll only know how much they'll be charging for it once someone requests it.  And, no, they can't do a "hypothetical" re-assignment yet, either, claiming that it must be a real request.

Is something like this legal?  Can a corporate landlord withhold such information, and only provide it once an actual need arises, knowing full well that it won't be offered as a complementary service?


texts:
IANAL: What is the thought process used to calculate "reasonable attorney fees"?

CONTEXT: 718.303 Obligations of owners and occupants; remedies.—

  The prevailing party in any such action or in any action in which the
  purchaser claims a right of voidability based upon contractual
  provisions as required in s. 718.503(1)(a) is entitled to recover
  reasonable attorney’s fees.

The goal is to be able to implement a spreadsheet calculation: one should be able to define the inputs and reasonable and customary constants used in the calculation


texts: Is the Benchmarking clause in VMware's EULA actually valid?

texts:
The VMware End User License Agreement reads as follows:

  2.4 Benchmarking. You may use the Software to conduct internal performance testing and benchmarking studies. You may only publish or otherwise distribute the results of such studies to third parties as follows: (a) if with respect to VMware’s Workstation or Fusion products, only if You provide a copy of Your study to benchmark@vmware.com prior to distribution; (b) if with respect to any other Software, only if VMware has reviewed and approved of the methodology, assumptions and other parameters of the study (please contact VMware at benchmark@vmware.com to request such review and approval) prior to such publication and distribution.

My questions are:

What happens, if you refuse to take your unapproved benchmark down? Can they sue you?
How much leg does a clause like this stand on the courts? In the United States? In the rest of the world?


texts: Is it legal to shoot a bow and arrow inside the limits of an urban municipality in Alberta?

texts:
I've been searching this for some time now, and so far it appears that there are no laws in Canada that prohibit shooting a arrow from a bow (with the exception of prohibited cross-bows) under the criminal code.

From what I can tell, unless there is a municipal bylaw in effect that prohibits the shooting of a bow inside municipal limits, the only piece of legislation that regulates where you can shoot a bow is Section 52 of the Wildlife Act, which prohibits shooting within 200 yards of an occupied building (unless it's your own).

If no bylaw is in effect within the boundaries of a municipality, is it legal to shoot a bow in a municipality?


texts: Is lending a physical PS or Xbox disc protected under the first-sale doctrine?

texts: If I wanted to share or sell my used games (original disc) is it legal?


texts: Can we withdraw a document if the signed witness declares that he did not see the parties signed on front of his eyes?

texts: Someone tricked me to sign a document without paying attention to content. The person also made 2 persons to sign the documents as witnesses. I want to withdraw the document, is it enough that the witnesses (or one of them) declares that he did not see the parties sign the documents in front of his eyes and consequently the witness is not valid?


texts: Meaning of uppercase paragraphs in software licenses

texts:
For example, in the MIT license we find this paragraph:

  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.

I, as simple human being on this Earth, cannot understand this (at least I hardly understand it).

Why is it all written with uppercase letters?

Does it basically mean that the author of the software is not responsible for any damages?

I need a simple human-understandable alternative for this long paragraph. :-)


texts: Work-of-art found in estate house has no proof-of-ownership; artist wants it back

texts:
Artwork in house of an Estate has no documentation of ownership. Painter claims it was never bought and wants it back. Who legally owns this item?

This artwork was a dedication to a family member who died 15 years ago and arrive at the Estates house 8 years ago for an unknown reason. The Executor of the Estate can not find any proof of ownership or contract to return to painter.