texts: What does "purported exercise of power" mean?

texts:
In the context of indemnification against claims of liability of an office bearer, what is the distinction between "exercise" and "purported exercise" of powers?

One definition of "purport":

  To convey, imply, or profess; to have an appearance or effect.

Here's the context I'm asking about:

  for any act or omission respectively by them in good faith and in the
  exercise or purported exercise of powers or functions, or in the
  discharge or purported discharge of duties

Clearly "exercise of powers" would include powers that are authorized or delegated. Does "purported exercise of powers" include powers that are believed to be authorized or delegated, but in fact are not? Or what does "purported" mean in this context?


texts:
I live in Kuwait, a zero-tax country. I work remotely for a US company, my income is deposited to my Kuwaiti bank account, and I've never paid a penny of tax in my life, but I'm planing to immigrate to Turkey soon. I know that if I get the same salary deposited to my Turkish account, I have to give up more than 30% of it as tax, which is just insane. I have a few questions:

If I don't change the destination of my salary deposits, so my salary would go from a US company to the same Kuwaiti account, and I use my Kuwaiti debit/credit card internationally, do I still have to pay over 30% income tax?
If I open a company in Kuwait, and get my salary deposited to that account, and use its card for payments, do I still have to pay income tax?
What if I register the company under a relative's name who lives in Kuwait?


texts: Is copyright infringement if I use the image of a video game character in a homage spirit?

texts:
Is it copyright infringement if I put the face of Mario (for example) in a piece of software (as a Easter egg) to celebrate Mario's Anniversary? This piece of software/product is distributed in Latin America and Europe.

Would it be fair use if...

a) The piece of software is a commercial product?

b) The piece of software has no commercial purposes?

In both cases, there's no intention to make money because the character is included in the software (like "Look! We have Mario! Buy our products!"). The intention is the celebration of Mario's Anniversary (like "Today is Mario's birthday! We like him! Wujuu!")


texts: What happens to the possessions of a deceased Jane/John Doe?

texts:
This is kind of a morbid question, but I'm writing a story where a homeless teenager from Seattle winds up dead in Portland, Oregon. She is identified eventually, but she has no legal guardian, living relatives or close friends.

My question is: what would they do with the body? I figured that cremation would be the most likely, but where would the remains go? Would they be sent back to Seattle or would they just scatter them somewhere in Oregon? Are there places where you put the ashes of a person who had no written wishes for what should happen to their remains?

Secondly, what would they do with any possessions she had on her person at the time of death, such as money, jewelry, clothing, or trinkets of sentimental, but no monetary value? I have a part in the story where a couple of characters have to find something she was carrying with her when she died, but long after any of the ordinary mysteries surrounding her death and identity were cleared up.


texts: What is trademark tarnishment or dilution under US law?

texts: What is a person not allowed to do with a trademark in the US, beyond using falsely to sell goods? In what ways can a trademark owner prevent tarnishment (disparagement) or dilution (blurring)?


texts: How aggressive does a business need to be at preventing customers from bringing alcohol on premises?

texts:
I volunteer at a new 501c3 art studio in Washington state where you pay to have space to do art. The organization policy is no alcohol on the grounds unless we have a special event with a liquor license.

Trouble is artists bring a wide variety of drinks and there are so many available on every end of the spectrum. Fermented tea now has some alcohol. It is hard to police when you don't know what is in drinks.

My question is what are the laws regarding customers bringing in alcoholic beverages? Are there % limits? Who's to blame if we disallow it? Does it have to be posted (we are already ending up with a lot of postings)?


texts:
I am trying to remove my name from mortgage (Canada, Ontario), my ex husband is not really helpful and self-employed. I am thinking of going to get court order on selling our property.

We signed (with our lawyers) a separation agreement where he agreed to resolve situation till certain date, but he did not.

I asked my lawyer how long it will take me to get a court order on selling property. My lawyer said that I need to bring a motion for the enforcement of the agreement.
But I don't see how it is connected, because there is no domestic violence, no child custody, i moved out and renting.

  You will need to bring a motion for the enforcement of the agreement
  regarding the sale of the home.

  It means that an application will need to be made and, if your
  circumstances do not meet the test for urgency, a case conference will
  need to be conducted before you can bring a motion.

  Once an application is made, you can move for a motion.

Why is she offering me to go this route? Why do I need a motion?


texts: What information will be made public by CRT and for how long?

texts:
I would like to bring a case to the Civil Resolution Tribunal. I would like to know more about it's privacy. From there Information Access & Privacy Policy it appears the public can access just about anything at any time. How exactly does one get the information, is there a link that leads to a website of the archives?

From what I've red, evidence should be submitted in its totality. The defendant used group chat a lot, so there would be several people talking about completely unrelated (and sometimes rather personal - like who's turn it is to fix the toilet backing up). Will all this be made public? By e-mail I asked a mutual friend to try to moderate. He did facilitate an agreement which the defendant didn't honor. Will this person's email address be made public too?

Will all this show up in a simple Google search of a person's name?


texts: Breaking a Lease because of construction

texts: I'm renting a two bedroom apartment with a large terrace in NYC. The terrace has been rendered unusable due to maintenance on the exterior. The terrace is filled with equipment, and the door to the terrace is blocked.  The maintenance will continue until the summer. Do I have grounds to break the lease or request a rent reduction?


texts: I already signed a lease that may violate the BC Landlord Tenant Act. What are my options?

texts:
My husband and I live in Vancouver, British Colombia.  When renewal time for our lease came up my landlord, of 2 years, increased our rent by 7.5%. He said that the was forced to by the bank.  My husband and I are American citizens living in Canada and, at the time, we were not aware of the landlord tenant act so we signed the new lease (about 2.5 weeks ago) and went on with our lives.  Later a friend informed us of the landlord tenant act.

Question 1: Do we still have any legal right to dispute the rent increase?

Question 2: Under this act could he raise our rent by 3% every 3 months?  Could we possibly make the situation worse by contesting the increase?


texts: If a tenant is moving out before the end of the lease, do they have final say over who is the new subtenant?

texts:
3 roommates, A (me), B, and C. C moving out 5 months before the end of the lease. (Which is not the issue.) The issue is that B and A are not in agreement about who should take C’s spot. B suggested that A look for another place to live because B wants to change vital aspects of the apartment’s atmosphere/status quo.
A little background: B was living in the apartment first, and then brought on A and later on C. Which I’m pretty sure is irrelevant because all three are on the lease- ie B has no greater “right” to the apartment because she has been living there for four more months than A. Also, A and C happen to be in agreement about what type of person should move in to replace C.
The question is: does C have final say in regards to who takes over her lease? Can C deny someone that (for example) B suggests? Since C is the one who is still on the lease until it ends.
Is there anything that can help me legally? I don’t want to move out and I won’t allow B to choose the new roommate.


texts: I'm in more interest of intellectual property stuff. For example if I'd like to take a picture of some masterpiece painting in the Louvre museum, can I spread thic pic or even sell via different photostocks. And can I take a pics with 360 cameras in museum for commercial purposes? Thanks


texts: How does the Digital Millenium Act of 1998 relate to commercial uses for E-Books?

texts:
This statute was developed in order to protect and limit the use of copyrighted  digital material. I am particularly interested in the e-books domain. My observation is:

If I buy a physical book, it is my property. I can do with it whatever I choose (lend it to a friend, donate it, resell it online, etc.)
If I buy a digital book, it is my psuedo-property. I am limited in my options of what I do with it (cannot lend it, cannot redistribute it) even though I paid the same amount of money for it as a physical book.

  Does this law give publishers the sole authority of who can distribute books and how they do it?

i.e. Joe can open a corner bookshop and purchase inventory and re-sell that inventory. However, Joe can't open an online book shop and sell e-books without permission.


texts:
I created a computer program for a client and things went bad. I think the client is trying to scam me. The client sent me an email informing they have filed a patent to the program I made, and even if I refuse to agree to additional paper work they still own everything and don't have to pay me. They sent me a description of the patent. A lot of the things are very generic, and I was wondering if someone could confirm if such things can be patented or are too generic?

TL;DR does the following transcript from a message deserve any attention?

  The program functionality has now been filed for patenting. This
  entails I own functionality on:

  A program that runs on any Computer, Smartphone, Tablet, Electronic device, that can create a/multiple box shape filled in with
  any colour or blank with an outline.
  A program that runs on any Computer, Smartphone, Tablet, Electronic device, that can create a/multiple Free Form Shape(s)
  filled in with any colour or blank with an outline.
  The box(s) can overlap any other source on a monitor, or box(s) that do not overlap any other source on a monitor.
  The Free Form Shape can overlap any other source on a monitor, or Free Form Shapes that do not overlap any other source on a monitor.
  Box(s) can be deleted at anytime. Box(s) can be deleted individually.
  Box(s) can be locked in place.
  Box(s) that can be moved around.
  Free Form Shape(s) that can be deleted at anytime. Free form shapes that can be deleted individually.
  Free Form Shape(s) can be locked in place. 10 Free Form Shape(s) that can be moved around.    Now that I have a patent, any program
  that has any of those specific functions is now under the patent that
  I own and can only be released under my written consent.   This means
  you cannot use what you have done for anything beyond using it for
  your own personal use. Failure to do so means I will press legal
  action against you.  Because you have been informed of the patent you
  cannot show the program to anyone else without disclosing that there
  is a patent on the functionalities and that you do not own the patent
  on them. Failure to do so will hold you legally liable against the
  individual(s) you have told. I will take legal action against said
  individual(s) and yourself.

We never discussed ownership and no contract was agreed upon. This sort of came out of the blue.


texts: Is there something else that protects young students who aren't eligible for FERPA?

texts:
So I was recently reading about the Family Educational Rights and Privacy Act (FERPA). After a bit of reading, I saw this:

FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

If FERPA only protects students above High School and/or students over the age of 18, what would protect students in Elementary, Middle, and High School?


texts: Can the police tell you not to have house guests or you will be arrested?

texts: My friend is being harassed by our local pd. They come to her house excessively and have even told her if she has house guests they will arrest her. Can they really do that?


texts:
I needed a variety of yard work done around my house.  I found a contractor and scheduled him to come out and give an estimate.  He did not show up on time to give the estimate.  However, that is typical in the business.  However, I did try to contact him a few times, with no response.  I was not happy and started looking for another contractor.  He did show up several hours later and gave me an estimate.  We ended up agreeing on a price and scheduled the work to be done 5 or 6 days later at an unscheduled time on Sunday.  He said it would be "after Church."  Sunday came and I tried texting him a few times with no response.  He was a no show.  While at work Monday, I started looking for another contractor.  When I arrived home from work, I saw that all the work had been done in my absence.  He did not contact me in any way, just left a bill in my door.  He did everything requested and did a good - not great - job.  If I had been there, I would have had him touch up a few areas.  However, I was satisfied with what was done and mailed him a check.

However, I was wondering what would have happened if I didnt want him to do the work.  Verbally, we said Sunday.  Can he just show up Monday and do the job without my permission?  I wouldnt think so.  Im in Virginia, if that makes a difference.


texts: Why would a Canadian Crown Prosecutor continue with a proceeding with no evidence?

texts: If a proceeding has only conflicting witness testimony for the Crown, but forensic evidence that proves the defense s case, why would the Crown proceed?


texts: What should you do if you mistakenly charge personal expenses to a company debit card?

texts:
If someone accidentally uses the business (LLC) bank account for a personal expense, what does he/she need to do rectify the problem from a tax/legal perspective?

Is it as simple as having the person who made the mistake contribute that much money back into the business account, or is it more involved?


texts: Can a criminal defence lawyer talk about the possible guilt of other suspects when defending their client?

texts:
In other words. if some evidence (but not conclusive) exists of somebody else comitting a crime, can a defence lawyer use this when representing their client?
For instance, in the Glen Sebastian Burns and Atif Ahmad Rafay case, where the two were accused of murdering the latter's parents, there was an FBI informant that had told the police that Islamic fundamentalists may have been responsible, although the police did not pursue this line of inquiry. Could a defence lawyer raise something like that in court?


texts: Is it Illegal to own operate a hoverboard in New York State?

texts:
Some states have strict laws on hoverboards.  Is anyone familiar with how this is handled in New York State?

Is it illegal to ride a hoverboard in the public parks or on bike lanes of public roads where many people ride skateboards?


texts: If you are serving a life sentence, die, are legally declared dead, and are brought back to life, are you now free?

texts:
Apologies if this is too hypothetical and not allowed. I'm not trained in law, but am curious about the following question:

If you are sentenced to 1 life sentence, die, are legally declared dead, and you are brought back to life (not going to address how, but who knows, maybe it's something that could happen in the future), will you now be free, having technically served a life sentence? You were in prison until your death. Would the second interval of life be considered the same life, and so imprisonment should continue, or would it be a second life?

I understand that there is probably no precedent for this and so any answer may just be speculation. But if you were the judge, what would your opinion be?

As a follow up question, if the answer is that your second life would be free, then what if you have 2 life sentences? Would you serve another life sentence upon your second life? In that case, would the second life sentence be considered served to completion upon your second death, in which case you would be free if you were lucky enough to be revived once more?


texts: How to sign a prenup when marrying a foreign lady?

texts:
My girlfriend lives in China. She is a Chinese citizen. I'm an American. We want to get married

My concern: I have kids so I want to protect them. So naturally i want to sign a prenup. If she was here in America, that would be a piece of cake. But how do I sign it there. Or is there any way to bring her here and then get married?


texts: When creditors come for assets in an LLC formed in another state, which state laws apply?

texts: I am heavily indebted.I also want to start a business. I want to protect my assets from creditors. If I put my personal assets into my business, will they be protected? From what I understand, Wyoming and some other states are business friendly in their incorporation laws. But if I am doing business in another state and residing in another state, will the credit dispute be covered under the laws of the state of incorporation, or my state of residency, because that changes things significantly. For example, that may mean that I would be better off forming the LLC in my resident state rather than in another state if the other state's laws do not apply in a special case.


texts: Is it lawful for naturopaths to present themselves as doctors in the US and Canada?

texts: Some naturopaths put "Dr." in their title (without completing a medical or any other doctoral degree). Is that legal?


texts: Should I return my signing bonus if I am fired from my job?

texts: My offer letter states that "Should you leave  within your first year, you will pay back the full amount." Does the term "Should you leave" mean, that I need to pay back I am fired or if I leave voluntarily?


texts: Can I count unique users without a cookie warning?

texts:
Is there a way to count (approximate) unique users on a website without having to display that silly cookie warning?

The usual way to track unique users is to set a cookie. An alternative (less accurate) way is to store browser fingerprints server-side. These could be e.g. a hash of IP + UserAgent, or something more advanced.

Does the cookie law allow fingerprinting? More generally, does it allow any server-side analytics that don't store anything in the browser?

Bonus question: will GDPR change things?


texts: Which presidential cabinet picks require congressional approval?

texts: Which new presidential cabinet position require congressional approval?


texts: Is there a legal analogy of a publisher for physical things

texts:
Background

Long and complex story short, we're essentially building a legal & software framework for self-organizing 'ad-hoc' organizations. It seems like some set of our issues could be solved by implementing a publisher model.

Example 1

A, B and C meet and get organized in a service provided by us, and agree to collaborate together for a software project.

A does design work for 50 hours, B codes for 100 hours and C does sales work for 50 hours. A, B and C agree that all work is worth the same. The project ends up netting 20k€ (after our company's commission), yielding 5k€ for A, 10k€ for B, and 5k€ for C.

The main reason why employee-employer relation is out of the question is that we want A,B and C to have full control of their project and not limit their work in any way. For example the project could be completely idiotic, in which case we'd be forced to pay minimum wage while expecting essentially zero value for it.

So far our top solution candidate for this is to treat the company as a publisher, which should be possible since the legal definition of a publisher seems to include software publishers.

According to Wikipedia (sorry)

  Publishing includes the stages of the development, acquisition, copy editing, graphic design, production – printing (and its electronic equivalents), and marketing and distribution of newspapers, magazines, books, literary works, musical works, software and other works dealing with information, including the electronic media.

But what about cases where the project is not something that can be seen as mainly dealing with information.

Example 2

Same as in Example 1 but this time the project involves creating something physical (or a service/anything else that clearly does fit in the publisher model).

A does design work for 50h, B knits some mittens for 100h and C arranges some distribution for them, spending 50 hours.

The mittens sell well, and A,B & C get 20k€ to share again with the same distribution.

Again, the project could have been a complete waste of time, so as a company we would have the options of either facing minimum wage & other liabilities or stopping A,B & C from doing their mittens project.

Obviously this example is quite absurd, but it should still hilight the problems that we could face if the projects would be about anything other than software.

Actual question

As this seems pretty far from fitting in the publisher model, is there a suitable way to handle Example 2 in a way similar to Example 1?

Legislation

Company is not set up yet, but will be located in either Ireland or Northern Ireland. Workers A,B and C would be located in EU area or ideally around the globe.

Any common law answers are highly appreciated, as are any even slightest pointers that could help us in the right way.

EDIT

I should have probably mentioned that our other candidates are:

Treating having a contract for services between the company and A,B and C. However, if plausible the publisher model would be even better since it should be closer to the 'true nature' of the relationship. Also, according to my limited understanding, there should be less risk of the arrangement being judged as a 'disguised employment', especially if the area got a little more gray. It is still a very viable direction and the one that we're taking if publisher model is not fitting and no better solutions emerge.
Creating some sort of contractual partnership between A,B and C. This is something that we haven't fully researched yet, but so far it seems trickier to arrange than the two other candidates.

As for the obligatory 'you need a lawyer for this' remarks, we really want to do the background work well enough before we start throwing money at them. For that scope, internet advice is just fine.

Also in any case blindly outsourcing the legal work to actual lawyers is not an option, since the legal solutions affect the other parts of the system. And to figure out the solutions, you need a good understanding of not only the law, but the system we're building as well.


texts: To what extent are a creditor's rights attenuated when debt is sold?

texts:
Sometimes a person, A, will run up debts that can't be paid. In these situations, a creditor, X, will often sell the debt to a third party, Y. My understanding is that it will be much easier for A to get out of paying the debt to Y than it would be for X, or at least negotiate a partial payment.

Why might that be? For instance, my understanding is that X will often fail to transfer the relevant paperwork to Y, so that if Y can't prove the original debt, the debtor goes free. And since Y bought the debt, presumably at a deep discount, Y would have an incentive to settle for less than 100 cents on the dollar. What are other issues that tend to put Y in a weaker position than X?


texts: Are US jurors always free to speak about the trial?

texts:
In England and Wales, jurors are forbidden to speak to anyone about the trial or their deliberations, even after the trial is finished.  In contrast, I've noticed that jurors in the US often give statements to the press or write books about their experience.

Are there any circumstances where jurors in the US are placed under similar restrictions to those in the UK, or is their freedom to speak a general principle?


texts: What happens if a person hides seized movable property from bailiff?

texts:
If a person has lost in small claims court in Quebec Canada and a bailiff has seized movable property what happens if at the sale the debtor fails to produce the property?
Can the debtor be charged or be imprisoned?


texts: Can a company officially decide to break the law since the penalty for breaking it is cheaper than following it?

texts:
For example imagine a company in Washington that needs a temporary building for its workers to live in during the summer. Instead of bothering with permits, they rapidly construct a dormitory for their employees which is a violation punishable for up to $500/day. They keep the building up for 3 months and then pay a $45k penalty to the state government. For their purposes this is cheaper than getting those employees hotel rooms or waiting for the permits to arrive.
Is there any issue with the company’s management officially deciding to ignore the permit system and just pay the fine? Or in other words, can they be charged with anything besides the known $45k penalty for openly deciding to break the law?
In more general terms, I’m trying to understand if the concept of “treat fines as a convenience fee” applies to businesses as well. I.e. it is commonly said that smoking in hotels is allowed, you just have to pay a $250 fee to do it.


texts: Writing theater play based on a movie (translated)

texts: I am written a theater play based on a hollywood movie. I am from Bulgaria so I have wrote my play based on a transaction from the original movie script. My question is to whom I have to write if I want to buy the copyrights for my play. To the original movie owners of the rights or to the owners of the rights which are based in Bulgaria, because I have translated the script to Bulgaria?


texts: Did New Zealand just ban all semi-automatic rifles?

texts:
I'm asking this question because different sources say different things.
The news media I've seen, visual, audio and text keep on running stories claiming that New Zealand has now banned semi-automatic rifles and implemented a buyback scheme. Other sources claim that the government has banned, specifically, what they call MSSA (Military Style Semi Automatic) rifles. Here is a rundown of what is an MSSA according to Wikipedia (hopefully this information isn't out of date). Any semi-automatic rifle or shotgun that features any of the following will be classified as an MSSA, and therefore is now banned (at least for the majority of New Zealand's citizens:

*A folding or telescopic butt
*A bayonet lug
*A military pattern free-standing pistol grip
*A flash suppressor
*A magazine that holds more than 7 rounds; magazines holding up to 10 rounds may be modified to carry 7 rounds. The limit on rimfire is 15 rounds per magazine.
*A detachable magazine that holds more than 10 rounds, excepting rimfire magazines, which may carry 15 rounds.

To quote Wikipedia (and again, I hope this information isn't out of date):

  A Category firearms are those that do not fall into any other
  category, and are the vast majority of legally-owned firearms in New
  Zealand, and support a surprisingly wide number of types. For example
  semi-automatic AR-15 style rifles are permitted in this category
  provided they can only hold 7 or less rounds as well as meeting the
  other criteria.

However many media outlets have claimed that there's been an outright ban on semi-automatic rifles and shotguns, just as in this ABC article that claims:

  New Zealand's Government has launched a multi-million-dollar, six-month buyback scheme to compensate owners of semi-automatic weapons, which were newly banned in the wake of deadly attacks on two mosques in Christchurch.

and

  New Zealand previously allowed the sale of semi-automatics that were limited to seven shots.

and

  The new ban bars the circulation and use of most semi-automatic firearms, parts that convert firearms into semi-automatic firearms, magazines over a certain capacity and some shotguns.

A very confusing article, first saying semi-automatics are banned, then saying specific types of semi-automatics are banned.

In the New Zealand Herald we have this article from April, which includes this diagram:

Basically meaning all semi-automatic rifles are banned except for .22 rimfire rifles if the magazine has a capacity of less than 5 or 10.

A little earlier in March we have this article headlined:

New Zealand bans military-style semi-automatic guns

Though such a ban would still allow guns like the semi-automatic AR-15 provided its magazine could hold no more than either 7 or 10 rounds.

I'm really confused about all this information which doesn't sound consistent among the sources.

Can anyone point me to a source explaining the actual new laws currently in force, or can someone explain them to me?


texts: Why is digital copyright seemingly impotent compared to its physical counterpart?

texts:
I often hear on the news about patent infringements being enforced on physical products - such as different types of wrenches, machinery, and toys.
However, I cannot recall an instance where an online business has been sued after creating a pretty much identical product. For instance, a particularly gregarious example of this (in my opinion), is the video game app offerings for phones. Whenever a new trend is found, a wave of seemingly endless copycats always follow.
At first, I thought it was just due to the rate of the ripoffs (e.g. the copyright holder/original creator of the genre being unable to file claims as fast as new ones pop up). However, I also see huge corporate groups such as "Ketchapp" and "Voodoo" whose entire portfolios more or less consist of slightly altered versions of popular competitors.
How is this feasible? And why does copyright law for digital services, in general, seem so much more impotent than it's physical counterpart. Keep in mind, I am not from a legal background. Just curious, that's all.


texts: Is it legal to copy a design in a Youtube video?

texts:
I'm thinking about making a Youtube video in which I would model in 3D the design from a 2D game and 3D print it.
Would I be allowed to do that, without having to ask the permission to the designer of that game ? (I wouldn't share the 3D file though, that would be illegal for sure).
And what about if the video is monetized ?
I see many videos on Youtube in which people recreate protected designs in 3D - as for example this video that is a tutorial to recreate an Among Us character - but do not know if this is legal or not.


texts: What slaughter laws exist in the US and Europe?

texts: I mean actual laws for industrial farms applicable to killing animals.


texts: Is the Loi Lamine Gueye- law n ° 46-940 of May 7, 1946 enacted by the French Parliament of any relevance today?

texts: Is Loi Lamine Gueye- law n ° 46-940 of May 7, 1946, the law granting citizenship rights to nationals of the French colonies active today? How many countries(former French colonies) had annulled this while attaining independence? And, has this been annulled by France as well after the gradual dissolution of French Union?


texts: I created a landing page with Unbounce; is it OK to copy the code and use it elsewhere?

texts:
I used Unbounce to create a landing page but I made a blank page and built a design myself using their page builder. I didn't use their templates or anything.

I want to move my domain to a new server so I can do other things like install a blog but I can't do that when my domain is pointed to Unbounce so I want to move it.

I still want my landing page up on the .com, just moved to another server.

Is it ok to copy the source code that was built using Unbounce's page builder and use the exact same code on my new server?


texts: Is it "wrong" to copy a photo from an article (with photographers name and link to article) on the web and tweet it?

texts:
With the word "wrong" (in the question title) I am referring to whether something is either a breach of copyright or otherwise considered "bad" behavior.

The behavior here would be copying a photo from a free article in a foreign language newspaper and tweeting it. The tweet itself would not be in same language as the original but it would include a link to the original article.

If the photo is less than 10% of the original article (meaning that this is not a question of duplicating the original article), is this illegal or otherwise considered inappropriate?


texts: Can a lawyer purposefully be argumentative and immediately withdraw a line of questioning?

texts:
In Season 14 Epsiode 3 of Law and Order, SVU (great start, I know), the defendant's lawyer leads an aggressive, argumentative line of reasoning several times when questioning a witness. Immediately after stating the question, the lawyer withdraws, anticipating an objection. The lawyer is very clearly talking to the jury, and insinuating a point. Can lawyer really use cross-examination as a vehicle to put in an argument, completely orthogonal to the witness' testimony?

Here's the excerpt:

  [lawyer, during cross-examination of victim] What else would you do for money? Lie about rape? - Sue my client?

  [victim] No, I would never do that.

  [lawyer] You wouldn't lie about sex for money?

  [victim] No.

  [lawyer] But you have lied about sex for money in the past.

  [victim] I'm telling the truth now.

  [lawyer] I see. (Towards jury) And how do you expect the jury to tell the difference? (Immediately following up) Withdrawn.

One scene later, the lawyer is doing a cross-examination with another witness, one who agreed to pay the victim, Jocelyn Paley, to claim to be the author of a certain book:

  [lawyer] (Again, towards jury) What made Jocelyn Paley the right choice?

  [witness] As I said, it was the contrast between her innocence and the subject matter.

  [lawyer] Or was it because she's a good liar? Didn't you choose Jocelyn Paley because she is a convincing enough liar to sell 5 million copies of a book about a fetishistic world that she claims to know nothing about?

  [DA] Ob-

  [lawyer] (Interrupting) Withdrawn.

The goal seems very clearly to plant a seed of doubt about the victim's credibility in the jury's mind. "Withdrawing" the line of questioning, practically speaking, does nothing here. How is this allowed?


texts: Metropolitan District vs HOA in Colorado?

texts:
I am looking at purchasing new property in Colorado that is not part of a HOA but is part of a "metropolitan district". I had never heard of these before and tried to do research but they appear to be kind of new so it's hard to get an understanding.

One of the things that surprised me was that they had Covenants, Conditions and Restrictions (CC&Rs) that they sent me. From what I understand "metropolitan districts" are "quasi-government" entities and I'm confused how they propose to enforce CC&Rs if they are a government.

As an example I am wondering about a rule they have about pets, they say you are only allowed to have two dogs and two cats. I have three cats.  How is something like that a "government interest"? How are they (the developers, the city) creating and enforcing extra "laws" that only apply to certain people?

As a side question on the above question, don't civil lawsuits requre damages. How do even HOA's prove "damages" for something like 3 cats (vs 2) and then recover money for it?


texts: UK - Tenancy Deposit Scheme - what is the exact process of return?

texts:
I moved out of the property I rented at the end of June. Same day I asked for my deposit back. Letting agency returned with the End Of Tenancy Report listing all defects they found on the 7th of July. I was in the process of moving abroad at that time (to say Covid complicated things a bit would be an understatement of epic proportions), so I missed their reply.
I also forgot about it: my sickness, my wife's pregnancy, stresses with moving and Covid etc - i remembered about it in November. So i checked my emails and found the reply. I contested their findings (they attached quote for renovation of the whole property to the tune of GBP 5000, nearly quadruple of the deposit of GBP 1500, and I could not make out what exactly it said), made my offer of what I would pay to cover the costs and I waited for reply. They came back today and they said that I forfeited the deposit as I failed to reply within the statutory period of 3 months.
I can't find that requirement anywhere in the online resources I could find. I mean - nowhere it says there is a time limit for negotiations. No matter wher I look. No page, including .gov site, has a link to the law, so maybe it's in some obscure section of some act or something? I seem to fail to find it in the actual law that pertains to (The Housing Act??? Not sure of even that).
Is this time limit the actual case or am I being scammed out of my deposit? They tried already - I ended the rent agreement early because they failed to maintain property and they tried to condition their agreement to early termination on my forfeiting the deposit. I refused, and later found out their demand was flat out illegal. So I would not be surprised.
Deposit was held under the TDS scheme and I have the relevant paperwork.


texts: What defines whether a movie is considered standalone or ensemble in regards to character copyrights?

texts: Marvel owns the rights to the Hulk character but the distributing rights belong to Universal. This prevents Marvel from releasing a standalone Hulk movie without the go ahead of Universal or paying out of their own pocket, so they've decided to get around this by including Hulk in the Thor movies. But what constitutes a Hulk movie? Is it screentime?


texts:
I'm starting an LLC and I'm having trouble understanding the concept of resolutions.  It seems pretty simple, but I'm afraid of getting it wrong.  I have a lot of experience working with bylaws in various organizations; is a resolution essentially the same thing?

I've found some forms and articles online about what a resolution is, but very little on how to actually make one.  What is the process for making a resolution?  If you could provide some sort of example or link to examples, that would be spectacular.

Thanks!


texts: Is it illegal to attribute credentials to an author that doesn't exist?

texts:
I've ghostwritten several smaller books and web articles and I've noticed that they will often be published under a made up author's name.

I know that a pseudonym isn't illegal, but these make-believe authors are often claimed to be medical professionals or to have years of experience in a relevant field to the subject.

It's got me wondering whether or not it is legal to do this. I would have thought saying you have a PhD in Psychology to sell books on depression would be illegal. But what about minor lies? What if I write a guidebook to NYC and claim the author was born in the city when he (or I) wasn't?


texts: How does a Contract work with Effective Date not filled in but has document signed and dated but not by all parties

texts:
I'm looking at a document and I am confused if the contract is valid.  Hopefully my over simplified example will help.

One page one of the document it has The Amendment of Operating Agreement ("Amendedment") is dated ______________, 2012.

The section with _________________ is not filled out.

The contract is then signed and dated by three parties.

Mr Party One
6/1/2012

Mr Party Two
6/1/2012

Mr Party Three
6/1/

That's correct Mr Party three did not place a year.  So I'm confused as to how this contract could be be valid based on no clear starting date with the three parties that's needed.


texts: Contractual obligation to deliver illegal software

texts:
I was contracted by a business to develop software that generates leads for their sales team. A few months before the project deadline, the client issued a change order that added some questionable features, namely:

mass scanning of domain names
web software and cms fingerprinting, including plugins, themes, and server type with version #s for everything

With the business being in the web security field (ssl certificate sales), I was told it was for analytics/better assisting clients with their site needs. This seemed reasonable and I continued with development.

As time progressed, It became apparent this client is actually running a fraudulent telemarketing operation. This involves making cold calls in volume and impersonating the call recipient's preexisting web hosting provider. Key to this scheme is the sales rep having technical details of the call recipient's site (ex. SSL expiration time, domain registrar, etc). These details are used to:

strategically place calls  to the website owner during key expiration times
more easily impersonate their existing web host by having info that "only they would know"

Given this information and my potential liability as the developer, I voiced my concerns and stopped all development. I'm now being sued for the money paid to me prior to the change order plus the deposit I took for the change order.

Can I be held responsible for completion of software that clearly violates federal cyber law and could hold me accountable for nefarious acts being committed by the client?

TL;DR Can I be sued for refusing to complete illegal/questionable software features, knowing the buyer intends to use it for fraud?


texts: Is there a catch in signing patent request documents

texts: This is a bit broad, I know. As I cannot share the documents it is meant as a general question regarding patent requests. The CEO of my company has put me on a patent request papers. I had nothing to do with the patent and I wonder why would he do that. He says since we are a small team he wants us to share the success. What are the legal ramifications of being a co-author of a patent?


texts: Does being engaged (to be married) carry any legal significance?

texts:
Being married carries specific legal consequences, e.g. spouses typically are treated differently under tax law, divorce property law, inheritance law, have rights regarding medical visitation and medical decisions. Sometimes insurance carriers treat them differently, though i'm unsure if that's legally mandated or just standard practice.

Absent a specific signed engagement contract which stipulates specific legal ramifications, does being engaged (to be married) carry any legal significance?

Jurisdiction is either USA, or France (I'm interested in both).

Significance may be to either party of the engagement, or to third parties (e.g. in how they have to treat engaged partner, or the couple, differently).

Just to be clear, consequences must stem from the fact of engagement, NOT from things like co-habitation, being declared "domestic partners" etc...


texts: What if a copyright registration service goes bust?

texts:
When I create a song I immediately upload it to dropbox. That way I can make sure I can recover it if my hard drive is failing (as i don't have redundancy) but also to show I have a tangible form of the song which is on dropbox as evidence.
There is also copyright registration services that will store the file, for example songrite, CCS (in the UK) etc.
My question is what happens if dropbox or CCS go bust? is my proof of having recorded it at a certain date gone?
And how should I mitigate it, is taking a screenshot enough?


texts: How can laypeople investigate an airline's allegation of 'extraordinary circumstances'?

texts:
Some airlines allege 'extraordinary circumstances', e.g. to deny liability and shirk compensating under Recital (14) of Regulation (EC) No 261/2004:

  (14) As under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.

How can passengers cost-effectively check if the airline's telling the truth, without and before a lawsuit? Doing so after the lawsuit looks foolish. as:

a judge may not grant you a subpoena/witness summons.
if you learned that the airline were truthful only after filing the claim, then you'd lose and must pay legal costs (e.g. in England & Wales).
the airline can falsify its records without a layperson's knowing it.


texts: Consumer laws with self-destructing hardware

texts:
In the UK, consumer laws say that a store has to fix the problem if you bought a product and it doesn't work for a reasonable amount of time, due to a fault that was present at the time of the purchase.

Now a manufacturer of SSD drives has found that some of their drives have a firmware bug that will destroy the drive after exactly 40,000 hours of operation. Which is about 4.5 years. (This is not hypothetical, it's in the news right now). All these drives will stop working with total data loss and with no possible repair after exactly 40,000 hours in operation.

"Reasonable amount of time" is usually two years, but if I'm lucky and have bought a drive that would have run for ten years, having it self destruct after 4.5 years is clearly not reasonable.

Would consumer rights protect a customer in this situation, considering that a drive just breaking down by bad luck after 4 years would be just bad luck for the customer, if the drive commits suicide after exactly 40,000 hours?


texts: Legality of ATF in their Final Review of Bump Stock regulation

texts:
I have been interested in the procedural legality of the Alcohol, Tobacco, and Firearms (ATF) Agency's Final Review of Bump Stocks.

There are two to the legality issue, and I'm only concerned with explaining the 1st and what authority the ATF had in creating and writing this.

Procedure Legality. What rules dictate that this is even possible for the ATF to do such a move. Regardless of what change they want to make. This even appears to be "bypassing" Congress.
Legality of the change itself. After a law is created and passed, it might be found to be overreaching or appears to be. These issues are settled in courts. Some parts are ruled unconstitutional and some pass.

I have read part of the ATF Final Report and found that they reference part of the US Code such as whether this rule should be considered  "major" or not because the amount of spending exceeds $100,000,000. The Final Report states that this is major. I can follow the US Code and see how the Final Report appears to be legal. However I don't know exactly what allows them to do this modification. I just know that they appear to be following at least part of the US Code.

I am in talks with people that state the ATF doesn't have this authority at all. To them this feels like a Fascist move by the ATF. They don't care about the rule change and whether it is unconstitutional or not. They say the ATF can't do this at all. Why is that wrong?

It appears that 5 U.S. Code § 553 - Rule making applies somewhat, but I'm not sure how it applies to the Final Review.


texts: Is it legal for an Austrian doctor to advertise real estate?

texts:
This question is about Austrian law.

Imagine there is a real estate agent, who helps people buy and sell properties. Many of his elderly clients

sell the property they have,
with that money buy a flat in another place
in order to live closer to a hospital.

Imagine there is a place far away from the next hospital and there is a doctor in that place.

Is it legal for this doctor to put a billboard in his office with ads of places with better access to hospital (i. e. places, where his senior clients can move to, if they buy the services of the real estate agent) ?


texts: Does a Copyright owner lose his copyright if another one registered before him?

texts:
If I didn't register my copyrighted material, and another one did.
Do I lose my copyright?


texts: Did the "9 out of 10 doctors" people have to ask exactly 10 people?

texts:
Let's say I were an advertiser trying to come up with a scientific way to back my gum company's "9 out of 10 doctors recommend xyz gum" claim. Do I need to ask exactly 10 doctors and hope that exactly one of them says they don't recommend it?

Can I ask 100 doctors, find one that doesn't recommend it, then choose 9 other doctors that did recommend it for my statistic, ignoring the other 90 doctors that all also recommended it? Most gum is sold nationwide in the same packaging so let's not assume I'm in any specific state.


texts: Does an out-of-state (U.S.) business broker or advisor need to be licensed in the state where the business is to get paid a finder's fee?

texts:
If I am based in a state that DOES NOT require a business broker or real estate license to sell a business but I work on a deal in a state (WA, OR, CA, CO, FL, etc.) that does require that license, could/would/should that have any legal ramifications in reference to getting paid a fee/finder's fee on that deal?

Does one need to get licensed in that state to be compensated, in any way,  as part of the deal?


texts: What exactly is "Bodily Harm" and (how) does it differ from actual bodily harm?

texts:
I'm trying to understand the following statement (which is section 53 of the Crimes Act 1961 in New Zealand, bolding mine) -

  "Every one in peaceable possession of any movable thing under a claim
  of right, and every one acting under his or her authority, is
  protected from criminal responsibility for defending his or her
  possession by the use of reasonable force, even against a person
  entitled by law to possession, if he or she does not strike or do
  bodily harm to the other person."

FWIW, the only relevant information in the Interpretation section of the act states -

  "to injure means to cause actual bodily harm"

I realise I don't understand the exact meaning of bodily harm.

A (fictitious) scenario - I'm reading a book I bought with money from a joint account and another owner of the account attempts to snatch book from me.  If I prevent this accidentally scratch that person while so doing, have I caused them bodily harm?

Is it relevant if I just grazed the skin or if there is a line of blood?  What if I did not actually cause visible damage but caused pain which lasted a short while?

The problem I have here is the juxtaposition of "reasonable force" and "bodily harm"

Thinking on this further, what is the difference between bodily harm and grivious bodily harm?


texts: Can my teacher require minors to apply for a quote to complete an assignment?

texts: My teacher gave us an assignment where we need to compare auto insurance plans from different companies. It needs to be based off what we need/want. This sounds impossible to do without getting a quote from all the insurance companies since I cannot find pricing information online. Isn't it illegal for a teacher to make students (especially minors) give other sites/source their personal information for an assignment?


texts: How does automatic specific enforcement allow claimants 'to sell the right to specific performance for more than the performance's true value to him'?

texts:
Mindy Chen-Wishart. Contract Law (2018 6 edn). p  557.

Counterpoint

  The current level of damages awarded is the outcome of balancing the various policies
  identified in Chapter 13. If we accept the validity of policies such as the avoidance of waste
  and undue harshness to defendants, and the desirability of mitigation of loss by the claimant,
  then under-compensation to that extent is inevitable. Such policies should not be
  evaded by simply choosing specific performance.
  On one view, automatic specific enforcement may amount to ‘over-compensation’, because
  [2.1] it allows the claimant to sell the right to specific performance for [2.2] more than the true value
  of the performance to him or her (Lord Hoffmann in Cooperative Insurance v Argyll Stores).

How's 2.1 true? I'm assuming that contracts ordinarily don't allow either party to sell the right to specific performance, if the contract doesn't stipulate such selling.
How's 2.2 true?


texts: When Is The Evidence In A Mississippi Custody Case Insufficient To Be Sustained On Appeal?

texts: If a judge hands down a decision to give a defendant custody based on a child being possibly autistic via therapist speculation without the child being officially tested for autism is this good grounds for a plaintiff to appeal?


texts: When does an agreement start and end? I need a definition of 2 weeks deadline in UK law

texts:
I have entered into a (UK) agreement. It is incumbent on me to notify the other party of an outcome after which time the extension of time runs for 2 weeks. It states elsewhere in the agreement that notification by email is considered effective from the time of transmission so my question is this; If I submit the information to them at 11:00am on Monday, when does the time limit run until? 10:59:59 two Mondays later? 23:59:59 two Mondays later? 09:00 two Tuesdays later (being 2 weeks after the day after I notified? Or something else?
If the Monday (date of transmission) didn't count, then I might as well notify them at 16:55 rather than at 10:00, otherwise I will have given them almost an extra full working day.


texts: A motorcycle hit my car. He was speeding, I made a left turn on a double continuous line. Who is liable for what?

texts: I was driving uphill on a 35mph limit road heading to a church wedding (Connecticut). Near the top of the hill, the parking lot was to the left. I signaled to turn and since no one was coming from the opposite direction I started making a left turn. I was driving very slowly looking to see if the parking lot was full when I heard the bike coming down the hill. It's one of those street racing bikes, very fast. He was about 90 feet away when I saw him and he did not slow down, I think he just tried to avoid me and wiz by. He ended up crashing the side of my car, in the back seat. He was taken to the hospital and had surgery on his arm but other than that he was ok. Police came and investigated the scene for a couple of hours. He was speeding and did not have a license. However, where I turned to enter the church parking lot was a double continuous line in the road, meaning I could not turn left there. Because of these circumstances, what should I do? Am I liable for his hospital bills and his motorcycle?


texts: There's a (potentially large) mistake in my contract, is there a need to address it?

texts:
A company that's using the contracting firm said they'd pay me $X per hour, and the same amount for hours over 40 in a given week. Apparently there's an exemption from the 1.5x pay for certain engineering positions, which I was told this was. I was (and am) happy with the pay we agreed on.

So the contracting firm sent me a copy of the standard contract to read and sign. But the contract said I was to be paid 1.5x the amount of my normal rate for overtime.

Before signing, I sent them a message saying, "I think this is a mistake." And they came back and said, "You're right, it's supposed to be 1x for overtime." They sent me another copy, but it had the same mistake in it. At that point, I signed it since we were on the same page regarding the terms even though it was still wrong. My thinking was that it was just a piece of (digital) paper that was wrong, and in my favor anyway. The actual contract (the intangible agreement between the two parties) was correct and mutually agreed upon.

My question is, with the contract as it stands, is there any risk that I am taking by not fixing it? I'm getting paid the amount I expect (1x for overtime) and have no intentions to pull more out of them just because the written contract is wrong. I don't want to be in a bad situation, but I don't want to go through the hassle of changing something that doesn't matter either.

Note: I live/work in New York state


texts: Will Arkansas's new abortion law prevent out-of-state abortions?

texts:
There's been a lot of discussion lately on this new abortion law: http://www.vox.com/identities/2017/2/3/14497638/arkansas-abortion-dilation-evacuation-ban-second-trimester

My understanding (as a layman) is as follows:

The law allows a husband to sue and/or block his wife from getting a (D&E) abortion
Doctors who perform D&E abortions will be committing felonies in the state

I have 2 main questions on this law:

What would happen if a woman got a D&E abortion outside of the state? Could she still possibly be sued? Does she have to be a resident of Arkansas to be sued?
According to the article, this law will probably be challenged in court. Is it in effect yet? If the law is struck down, how would that affect lawsuits on the basis of the law?

Thanks


texts: UK: Is it legal to present in court a document/evidence which you are not allowed to keep?

texts: Imagine an employee whose contract requires to return all copies of employer's information back to employer once employment is over. But that employee is going to take the former employer into Employment Tribunal and for this needs to keep copies of some emails as vital evidence? Is this legal? Or does it mean that employee will be in breach of his/her contract?


texts: Frustration of Tenancy Agreement (Covid-19)

texts:
My daughter is out of the country for about 6 weeks returning Feb 10 at which time she will be required to quarantine for 14 days, not allowed to leave her suite or permit anyone entering.   Her 1 year fixed term lease expires at the end of February, leaving her about 4 days to move out after her quarantine period.  Prior to leaving the country, she had planned to renew her lease, until the landlord indicated the rent would be increasing $100 per month.
The Landlord has made it clear that they have the right to show the premises at any time, and no intention of relinquishing that right, and therefore my daughter must find someplace else to reside during her 14 day quarantine.    This would seem to meet the definition of a Frustrated Contract.
“A frustrated contract is a contract that, subsequent to its formation, and without fault of either party, is incapable of being performed due to an unforeseen event (or events), resulting in the obligations under the contract being radically different from those contemplated by the parties to the contract.”   Cut and pasted from Google.
Realizing that my daughter would not be allowed to quarantine in her rented premises, we moved all her belongings into storage, cleaned the suite and turned in the keys a week ago.
We have also noticed a very strange clause in her lease:
2.(c )   The Terms and Conditions and all Schedules of this Lease continue with the Occupancy of the Owner’s property by the Tenant until the Tenant either signs a new lease with the Owner or vacates the premises, which ever occurs first.
This seems very strange to me, but it appears that the Terms and Conditions of the lease have no effect after the Tenant vacates the premises.
So the question is, do we file a claim for Frustration or simply that the Tenant has vacated the premises and rent is no longer payable?


texts: How to answer a job application with a sealed record

texts: How would you answer these questions if your misdemeanor been sealed.       Have you ever been arrested?  Have you ever been convicted of a crime ?


texts: Is it legal to print (non-pirated) textbook pdfs that are made freely available online by the copyright-holder?

texts:
There are a lot of textbooks (typically out of print, I think) that the publisher/copyright owner has decided to make freely available online as a pdf. (see this, for example of what I mean) Is it legal to print such texts for personal use as long as it is not explicitly stated to be prohibited in the copyright notice on the pdf?

It seems to me that this should be fine, since if something is put online not under a pay-wall or on a private database, the copyright holder is presumably fine with people making (digital) copies, then why not physical copies?

Of course, I think the answer ultimately is: "Ask the copyright-holder for permission if you want to be absolutely sure", but I wanted to ask the legal community if this sort of thing is legal in general, either because of specific copyright laws, or legal precedent on this sort of thing.


texts: Find Litigation involving a specific Company in the UK

texts:
I am researching cases of litigation against company Interactive Brokers in the UK.

Is there a way to conveniently browse via internet existing court cases using such filters?


texts: Can you report use of product copy/likeness in video games for compensation?

texts:
If a video game (created outside of the US) has an exact copy on a 3D model used from a large world-wide corporation's (based in US) product is there a way of:

Reporting the use of likeness/copy
Getting paid for such a report

If so, what is the proper or best way to achieve this and would legal representation need to be used to make a report?


texts: When and where can email be used in court and attorney communications? (US)

texts:
Pretty broad question, but I'm curious: When and where can email be used in court and attorney communications in the US?

I know that email and forms of online identity are not at such a technological state that delivery of documents to individuals can be certified. I mean, as they say, "on the Internet, no one knows you're a dog." (Or, for that matter, a lawyer).

But can a court send summons and subpoenas by email? Could you respond in email? Or are we still at the FAX stage, if that.

What about an attorney? Can email be a legal method of sending documents between attorneys?

What about electronic signatures for emails? Does sending an email effectively sign and date it?


texts: How do I know what I am signing on handheld digital stylus signature devices?

texts:
I'm talking about the handheld signature devices that the UPS guy has, or the credit card POS system that stores have you sign with the stylus on when completing a return.

It's always a completely blank white screen with the whole screen reserved for a signature. It always bothered me that I have to sign, but there isn't even a hint of what exactly I am signing. When I ask the employee it's always some generic answer, "You're signing that you received the package", or "You're signing that you returned this item".

Are these signatures even legally binding, given that I don't even know where to find the contract's terms if I wanted to?


texts: What effect does bad English have on warnings / disclaimers?

texts:
I've come across more than one case of ill-phrased 'legalese' and often wondered where the line is with respect to enforcibalilty etc. For example, a McDonalds promotion which disclaimed: "Offer ends October 30 or while supplies last". Does nonsense invalidate it, or is it a case of clear intent conveyed in muddled language?
I was reminded of this by a sign I saw on a recent trip:
Yes, we know what they mean, but really, is this enforceable?


texts:
I recently learned that it's not the first person to register a mark that gets ownership, but rather the first person to actually use the mark in commerce that gets ownership.

So what's the best way to establish first use in commerce for an online business, like a blog, where the domain name of the blog is what needs to be registered?

For example if my blog is called bloggd, and the site is up and running, but someone else registers bloggd before I do, what is the best way to prove that I was using bloggd in commerce first?


texts: Damages when third party contractual obligations prevent mitigation

texts:
In the SCO v Linux fisco SCO argued:

  sure, ordinarily we'd mitigate damages by telling the Linux kernel programmers what the infringing code was so the infringing code could be removed, but contractual obligations with third parties prohibit us from doing that.

That case was bunk, but what if there was a non-bunk lawsuit where the plaintiff genuinely had third party contractual obligations preventing them from mitigating damages?  Would the fact that their hands were tied with regards to mitigating damages mean they could recover for more than just the initial damages?  Or would the judge tell them "tough luck, you can only recover for the initial damages"?


texts: Is the vice-president an employee for the purpose of 5 CFR §2635.502?

texts:
It's been suggested on politcs.SE (but the question was closed as off-topic there) that a US vice-president needs to comply with 5 CFR §2635.502 which sets stricter standards for conflicts of interest than 18 USC § 209. In the regulations the mere appearance of conflict of interest is ground for recusal ("the employee should not participate in the matter"), but allows an "agency designee" to waive this.

My impression is that 2635.502 doesn't apply to a US vice-president because he is not an employee but an officer whereas 18 USC § 209 clearly applies to both officers and employees (both categories are mentioned in the latter, only employees in the former). As for why there would be such a discrepancy, i.e. a lower conflict-of-interest standard for the officers, there's parallel with the recusal of supreme justices, who aren't held to the higher recusal standard of 28 USC 455 presumably because the supreme justices are aren't as easily replaceable [on a case] as lower-level federal judges.

Is this reasoning correct, basically, i.e. does 5 CFR §2635.502 not apply to a US vice-president?


texts: What are the legal requirements for displaying a Terms & Conditions link on a website?

texts:
Are there any legal requirements regarding the display of a Terms & Conditions link? Does it need to be out of flow (popup, banner), or actioned ("I agree" checkbox)? Any specifications on font size compared to surrounding font, like there is on some other types on information on mediums?

This question has been covered in UX.SE, but the answers came more from the "better to be safe than sorry" angle, rather than actual law


texts: Cash deposits and money laundering in the UK

texts:
In the United Kingdom (UK), the Financial Conduct Authority (FCA) requires that banks have "adequate policies and procedures sufficient to counter  the risk that they might be used to further financial crime".
There is no specific limit on cash receipts imposed by the FCA, and the attitude of the banks will depend on their prior knowledge of you. The algorithms that identify retail depositor behaviour may trigger the banks' anti-money-laundering (AML) mechanisms to inquire further, should there be a concern of an abnormal activity in depositing.
Consider the following scenario: An individual who routinely pays in steady and low income into the account (suppose 1000 GBP per month), decides to sell their belongings for cash and deposits e.g. 25,000 GBP. This is flagged by their bank as suspicious activity.

Can this be classified as unexplained wealth if the depositor is unable to prove the origin of funds?

If this cannot fall under the unexplained wealth order (UWO)  [see description below], then can the funds be confiscated?

If the individual's cash deposit is refused by the bank, what role does the FCA play in this process? Is the individual able to take their cash and attempt to deposit it at another bank?

Quote by the UK Home Office:

A UWO requires a person who is reasonably suspected of involvement in,
or of being connected to a person involved in, serious crime to
explain the nature and extent of their interest in particular
property, and to explain how the property was obtained, where there
are reasonable grounds to suspect that the respondent’s known lawfully
obtained income would be insufficient to allow the respondent to
obtain the property. The test for involvement with serious crime is by
reference to Part 1 of the Serious Crime Act 2007.
A UWO can also be applied to politicians or officials from outside the
European Economic Area (EEA), or those associated with them i.e.
Politically Exposed Persons (PEPs). A UWO made in relation to a
non-EEA PEP would not require suspicion of serious criminality.

PS. I would be keen to hear about similar practices in the US and EU.


texts: Do US companies have an obligation to protect of personal information?

texts:
Under the European law, companies have an obligation to protect personal data.

Do US companies have the same obligations?


texts: Foreigners in boards of public owned enterprises

texts:
In the EU, is it allowed to have a member in the board of directors for a public/government-owned organization when the following is true?

The member is a citizen of a country outside the EU.
The member does not have a passport of a country inside the EU.


texts: Is it considered copyright infringement if I publish a book on how to do something based on what I learned at a school?

texts:
Back in 2012, I took a career exploration at this school. I was so inspired by it that I decided to write a tutorial on how it is done for the purposes of getting started, but not necessarily to replace instructions or hands-on learning.

I would like to self-publish it on the two major platforms being used, but I want to make sure I am doing it legally.

First, I indicated in the copyright notice or license agreement that this book is free to distribute for non-commercial use GNU General Public License 4.0

In the disclaimer, I indicated that the information contained herein are those of the author's research and do not represent the school in any way.

At the bottom, I gave resources, and gave credit to those at the school for having shown me the procedure.

Earlier this year, I asked a similar question about this, and I learned about the fair use argument.

Would it still be considered an infringement if I were to outline the exact steps based on what I recall, since I didn't come up with those steps originally?


texts: How can I compel my neighbor to address damage they are causing my property?

texts:
My neighbor has an energy efficient low e window. They have had it for about 10 years, but over time it has slowly been causing damage (melting) our vinyl siding. This article (Glare from energy-efficient windows can melt siding, vehicles) details the way the damage occurs. Pictured below is an example of said damage which is very similar to mine.

My neighbor is unwilling to talk about it, despite multiple attempts to speak with them. I have tried to explain the situation to them, and have offered to cover 100% of the expenses to simply add a full screen (currently there is a half screen, but I believe adding a full screen would help alleviate the issue), but they refuse to speak to me about it, and deny that their window does any kind of damage. I'm not seeking monetary damages necessarily, I simply want to stop further damage from occurring.
What legal recourse do I have? This is in the state of Maryland.


texts: Does legislation around government transparency (e.g. FOIA or Sunshine ordinances) apply to public sector hiring processes?

texts:
Can Civil Service applicants be required to sign confidentiality agreements regarding the application and interview process?
Can FOIA/Sunshine requests enjoin government offices to disclose present and future exam or interview questions?


texts: How can free licenses such as GNU and CC apply to me when I did not sign them?

texts:
In the GNU GPL v2, the 5th paragraph is written as :

  You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or
  distribute the Program or its derivative works. These actions are
  prohibited by law if you do not accept this License. Therefore, by
  modifying or distributing the Program (or any work based on the
  Program), you indicate your acceptance of this License to do so, and
  all its terms and conditions for copying, distributing or modifying
  the Program or works based on it.

The Creative Commons do nearly the same just before section 1 :

  By exercising the Licensed Rights (defined below), You accept and
  agree to be bound by the terms and conditions of this Creative Commons
  Attribution 4.0 International Public License ("Public License"). To
  the extent this Public License may be interpreted as a contract, You
  are granted the Licensed Rights in consideration of Your acceptance of
  these terms and conditions, and the Licensor grants You such rights in
  consideration of benefits the Licensor receives from making the
  Licensed Material available under these terms and conditions.

I am not a lawyer so I don't understand: how can something I didn't signed, or maybe even read, apply to me ?

What if I create a slightly different version of the license, and add "by using my image/tool/software, you silently accept to give away your soul to me" somewhere in the text ?

If you have human-readable documentation of how this work, I'd be very grateful (all stuffs I found on google were way to hard for a muggle like me).


texts: Is it legal to create scoring program in Excel of a copyright protected questionnaire?

texts: I have made a scoring calculator in Excel from a copyright protected test/questionnaire that have 12 items with respective scores. In my Excel application I have included the names of the test items, e.g. 1) Depression, 2) Anxiety 3) Psychosis etc. All respective items are scored 0-3 points, I have created a simple summing of the items 1-12 in Excel. My question - is this a violation of copyright? Can I distribute this to colleagues or other physicians? The owner of the tests says no. Does copyright protection extend this far?


texts: Was homosexuality still illegal in Jammu and Kashmir when 377 was updated due to 370?

texts:
When Indian updated 377 and decriminalised the homosexuality that time Jammu and Kashmir still had 370. Does 370 stop decriminalising of homosexuality in the state?

Now 370 has been removed in a most controversial way but I was asking the stats before it.


texts:
A person's computer stores a variety of copyrighted files which they have a license to use and store (such as video games, operating system files, and purchased or freely available media). However, generally these licenses prohibit redistribution. Also, some material (such as ripped audio CDs) may not have a formal license agreement.

Can a person legally make a backup image of their computer and store it in the cloud? Or would they be illegally distributing copies of all of this material by giving a copy to the cloud storage provider?

And does this calculus change if the person encrypts their backup image first, using a key that only they have access to? Or are they then illegally distributing a derivative work (the encrypted image) of the copyrighted material?

Finally, does the calculus change if the service being used to store the (encrypted) image is not a centralized cloud storage service but a new-fangled distributed system like Storj, where the task of actually storing the data is farmed out to a lot of other people's computers?


texts: What law is violated when someone subscribes another person's email to several websites?

texts: What law is broke if someone subscribes another person's email to several explicit websites?


texts: Personal protection or Schutzhund dogs (UK Law)

texts:
I’ve reading on personal protection dogs or Schutzhund dogs and a lot of people and trainers seem to disagree with how or where a dog should bite in protection work.

I was wondering what would happen if someone felt the need to actually use this to warn off an attacker or to defend themselves from an attacker.

My question(s) are:

Is there any UK law that stipulates where a dog can bite on the human body if trained in this work and if the handler felt it was needed I.e. self defence?

What are the consequences of a dog being told to bite someone if they threaten to hurt you or in self defence?

Are there even any laws on this at all? The dangerous dogs act seems vague on this.


texts: Is downloading a torrent chunk copyright infringement?

texts:
A torrent works by breaking a file into small chunks, each of which can be shared between peers. This speeds up downloads because peer A could be sharing chunk 1 with you while peer B could be sharing chunk 8 with you etc. (See BitTorrent and Torrent file.)

The torrent client would need to reconstruct the file in order for you to use it.

None of the chunks is useful on its own. Each is typically 1/1000th - 1/2000th of the entire video file. None is generally even viewable as video without adjacent chunks due to the type of video codecs in common use.

In Canada, is it copyright infringement to use a modified (say, self-written) torrent client that simply downloads the chunks and immediately discards them from memory upon receipt, never storing any chunk on disk, and never reproducing any portion of the original file larger than an individual torrent chunk, and doesn't host or otherwise make the chunk available to other users.

Does the analysis change if you only download and immediately discard one of the chunks?

To simplify answers, let's assume that the fair dealing user right is not implicated.


texts: Is Ambush by New Parking Sign legal unless prohibited?

texts:
I came across the following NYC article from on the internets whilst researching the situation for ATX:

https://newyorkparkingticket.com/proposed-nyc-parking-law-relieves-pain-new-parking-sign/

  The original law recognized the injustice of installing a new parking sign while cars were parked in spaces regulated by the old sign, and issuing parking tickets based upon a violation of a parking sign that didn’t exist when people parked their chariots. Horrible but true.

As per the above, in NYC, it appears that there are currently explicit laws on the books that prevent installing the sign and issuing the parking tickets on the same day/week that the sign gets installed, and/or providing an affirmative defence for issued tickets.

What about other jurisdictions, specifically, Austin in Travis County, in Texas?  Wouldn't an appropriate notice and grace period be required for the cars parked under the old signs (or lack thereof) provided that the new signs are respected within XX hours?  (All other local laws in ATx did seem to have similar provisions, e.g., it was widely reported that at first only the warning was to be given for violating the hands-free ordinance.)


texts: Can a US passport be used in advertisements?

texts: I recently saw an ad on facebook using a picture of a passport, and it seems a bit fraudulent but I can't any law restricting the use? So, is this allowed or are there certain cases for which it is allowed?


texts: Amended Pleading and Previous Attachments

texts: If a pleading (complaint or motion) has numerous but not excessive exhibits, then that pleading is amended; does it have to include the exhibits from the previous pleading anew or can the amended pleading incorporate the previously filed exhibits into the amended pleading by referencing the previous pleading and not actually attaching the exhibits to that amended pleading? Does it make a difference if that pleading is a motion or a complaint?  And where would the rules specifying required actions be found?


texts: Are you Legally Allowed to add a Screenshot to Google Drive and Create a Sharing Link for Proof?

texts:
Let's give this for an example:

Billy lives in Oregon. Somebody said something in a non-logged chat, and Billy wants to prove they said it. He adds a photo to his Google Drive without the person's consent and shares the link in the chat. Is this legal?


texts: Naming products after fictional objects or characters

texts:
We are a small company developing a product we want to name after a character named "Arwen" from "Lord of the rings".

The product itself has no connection whatsoever with the actual character, we're just "fans" and think it sounds nice. Our second product is a piece of software we want to name after a combat spaceship from the video game called "Star Fox", due the same previous reasons and the fact than they kind of sound alike.

Can we get into trouble because of this? I've been reading there should be no problems if it isn't a "derivative work" and the characters are not main ones so the original work is branded after them (such as "Harry Potter").

Is this true?


texts: To what extent are estimates binding in contracts?

texts:
Consider this not too uncommon scenario: Bob asks Rob to do a one-off job. Due to the nature of the job, giving a precise quotation is difficult, so Rob provides an estimate of $5,000 to get the job done. Bob says "ok, let's go ahead".

While doing the job, Rob incurs expenses he did not foresee. However, because he gave only an estimate, not a quotation, he is not worried about that and carries on; because it was only an estimate, he thinks that informing Bob of the extra expenses is unnecessary — he will accept what they factually are.

Finally, the job is all done and Rob sends Bob an invoice for $10,000.

To what extent can Bob dispute the invoice?

Different sources like this, this and this say that an overage about 10-20% would be reasonable, but what does common contract law say on how much Bob actually owes to Rob?


texts: In the US in a Chapter 13 bankruptcy, when are the amounts considered paid?

texts:
Hypothetically, Let's take the case of a debtor filing Ch 13 bankruptcy, with, say 25 thousand in debts secured with a car title, and 25 thousand in unsecured debts.

Let's say he's planning to pay 100 percent of the debts over a 5 year bankruptcy.

After paying the attorney fees first, let's say somewhere a little past mid-way through the bankruptcy, the secured debts have been paid. And the debtor is now starting to pay (via the trustee) the unsecured debts.

When will the title of the car be released as paid? And/Or can the debtor sell it as soon as it's paid?

Also what would happen if the debtor decided to stop paying on it at that time, after the secured debts are paid but not all of the unsecured debts are paid? Does the secured debt still remain paid and is the debtor entitled to the title of the car? Or will more have to be paid to get that title?

--EDIT:
To narrow the question down a bit, I'm not concerned with what happens when the BK is taken to completion; the court rules on that and it's done with. I'm also not concerned if the debtor can sell the car while in BK, since it's possible the car's value was split or 'crammed-down' because it may not have been worth the entire amount owed at time of filing.

But I am only concerned with what happens if the BK is dismissed after the secured amounts are paid.

My first guess is that if the car was split with a portion of it put into secured and another part was crammed down into unsecured is that the bank could then go and demand the unsecured amount before releasing the title since the BK is no longer in effect.

But my second guess is that the bank could also go back and demand late fees, penalties, etc. as long as they were provided for in the original contract.

Those two things are really what I was wondering about.


texts: Can i sue an appraiser for a bad appraisal?

texts: Can I sue an appraiser for a very low value on my appraisal. I have found three new comps closer to my area then the ones he used.


texts: Can I patent my invention which is just an enhancement to an already patented device?

texts: Can I claim patent for my invention which is a little upgraded version of already patented devices. Moreover, I use same patented devices in my invention and add new functionalities to it. Is it worth patenting?


texts: Who would be legally responsible for the application of mainstream wrong psychological/psychiatrist therapies?

texts:
Several times has happened that the definition of mental disorders/ psychological-psychiatrist therapies/theories have been proven wrong. Yet they have been applied over people causing them problems and harm in their lives. Usually graduated psychologists/ psychiatrists are ignorant which is the supposed proof of these theories. They've been told they have been proven sometimes, sometimes they've been given some details, and they don't know they don't have a real basis behind them until it's massively accepted they are wrong. Personally, I see little to no responsibilities in them. In the other hand, governments and states promote these theories in secondary schools, they teach them and form professionals in national universities, and they hold the power to treat people in trials and to internate someone for being ill under these theories. Some other organizations, which I'm not very aware who they are, but I assume they might be colleges or agrupations of psychiatrists/psychologists regulate their professional's activities, and I assume they might be the ones giving the content to national universities for the formation of professionals under these theories. When one of these theories/therapies are proven wrong and have caused harm over people, who is the legal responsibility?

I assume there aren't many cases like this, but I make the parallelism with biological sciences. If an association or group produces a medicament which is proven harmful for people later, and that association teaches doctors to give this medicament to people, with the approval and fundings/places of national government created universities, it would be pretty much the same. Then, in the case stated in the topic question, who would be legally responsible for the application of these mainstream wrong psychological/psychiatrist therapies?


texts: How to prove yourself not raping your short term girlfriend?

texts:
How to legally prove yourself not raping your short term girlfriend if you are actually just had sex with her that both agreed?

Conditions: Your short term girlfriend lived with you for a few days. She always show her nude body in front of you and called the police to cry and scream all the time that you rape her. She is also a foreigner that holds the visa passport.


texts: Can someone please translate the paragraph means into plan English? The image is taken from a revocable trust.


texts: How strong would a cable company's case be against Google for allowing users to find illegal streams through search?

texts:
With the recent trend of cord-cutting, cable companies are suffering with low ratings, especially on NFL. I understand that not all of it is due to illegal streaming but even a single streaming result can be shown to be a detrimental impact on their business. Google has tried to remove or downgrade stream results but still they show up.

How strong would, say ESPN, case be against google if it tries to sue?


texts: Does the digital will need to be separate from the regular will?

texts: Do I need to maintain two separate wills, one for my digital life (accounts, passwords, etc.) and one for my regular life (assets), or I can I bake my digital will into my regular will?


texts: GDPR: are faces always considered identifiable information?

texts:
Machine learning research into facial recognition and processing (e.g. emotion detection) often makes use of datasets containing large numbers of facial images. These are usually anonymised, so that the only other information contained is the file name(s) - such as 00001.jpg. How does GDPR affect the storage, processing, and sharing of such data?

For the sake of argument and to gain clarification of position, I would like to leave aside the provisions within GDPR that provide for processing data as scientific research. I am also working under the assumption that there is no other meta-data, such as a spreadsheet that links image filenames to the person depicted.

GDPR makes clear (Recital 26) that anonymous data is not covered by the regulations:

  “… The principles of data protection should [therefore] not apply to
  anonymous information, namely information which does not relate to an
  identified or identifiable natural person or to personal data rendered
  anonymous in such a manner that the data subject is not or no longer
  identifiable.”

Data protection considerations would be significantly reduced if these datasets were considered out of scope of GDPR. Is it possible, however, for a face image in isolation to be considered truly anonymised? It would always be feasible to link it to a real person, because most people are capable of recognising faces. With the image, and the person standing in a crowd, it is likely that the average viewer could identify the depicted person.


texts: Is it illegal in the UK for a supermarket to not disclose all the ingredients in meat produce?

texts:
E.g. if a supermarket was selling chicken which contained traces of pork and they did not list it on the ingredients would that be illegal? (Not referring to allergens just ingredients in general).

Does anyone have a link to an official source for this e.g. gov.uk or food standards agency?

Thanks


texts: Would I be liable to EULA & Terms of Use when reverse engineering a product (for research) without a formal contract/agreement?

texts:
I'd like to possibly to my bachelor thesis in Computer Science by reverse engineering some IoT devices such as security cameras & smart locks.
The items will be purchased by myself (probably sponsored by the university) without any direct tie with the manufacturer & distributor of the product. They may be bought from third-party distributors (small shops) and we won't be signing any contract or agreement with any company.
The research will be done by myself and my peers. We'll follow responsible disclosure and report our findings to the companies making the products. After some time, the thesis should be published and made publicly available, assuming the vendor has delivered patches (though most people likely won't patch their stuff).
Could I be held to any terms of use or EULA for the product, even if I never agree to one (for instance, I will not click "Agree" in their mobile app)?

Unlike 21732, we won't be signing a EULA or any kind of agreement with the products' vendors.
Unlike 6852, we'll only publish security vulnerabilities found. We won't publish a derivative work.


texts: Does Germany offer refugees a path to citizenship?

texts: Refugees have been flooding into Germany.  Under German law do these refugees have a path to citizenship?  Or if their situation is temporary would they be expected to leave the country when asked?


texts:
What can my personal assistant do when the HOA sends me a violation or other such letter? Can they research the CC&Rs, Bylaws or other such states, federal statues to help me better understand the letter? Can they write up a response letter that I would look at and approve or if minor enough they could just respond?

At what point does the personal assistant need to stop handling such things from specifically an HOA?


texts: Have brokerages like Robinhood broken contracts with their customers by refusing to execute orders?

texts:
The following question is related to this one. However, my question regards the contractual duty whilst the linked one considers the brokerage's obligation to the state.
Some brokerage firms like Robinhood refuse to honor orders buying Game Stop stocks. Is this a violation of contract? What specific clause do the brokerages like Robinhood invoke to do this?


texts:
Let's say I have patented an algorithm, but want to make the source of an implementation of the invention freely available and allow non-commercial use. The most common opensource licenses do not have "non-commercial" restrictions, and creative commons is not recommended for software.

It is well known that the MIT and BSD licenses do not grant explicit rights to the use of patents embodied in the licensed software (the MIT license contains the phrase

  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.

As such, I was thinking of using an MIT or BSD license for the software, while including a "patent pending" or "patented" warning somewhere, along with instructions on how to obtain a license to the patent (once granted).

Is this a good idea? Does opensourcing my implementation have any legal implications, e.g. with respect to enforceability of the patent? Would an MIT / BSD license on the software not imply a right to use the patent, especially if the software license is granted by the patent holder?


texts: Is it illegal to drive a car by oneself as a foreigner in Myanmar?

texts:
Is it illegal to drive a car by oneself as a foreigner (French citizen and US permanent resident) in Myanmar?

I have read some for conflicting information, e.g.

https://www.lonelyplanet.com/thorntree/forums/asia-south-east-asia-mainland/topics/rent-a-car-with-no-driver (mirror): illegal
https://www.tripadvisor.com/ShowTopic-g294190-i9408-k12302225-Self_Drive_in_Myanmar_as_of_2018_early_2019-Myanmar.html (mirror): legal

But none of these webpages refer to any official text anyway.


texts:
Some Policy requires all individuals with System X™ access to be contractually obliged not to press the Big Red Button.
X Corp only grants System X™ authorisation to people who bound by The Contract; if they end The Contract, they are no longer authorised to use System X™.

Dave is a minor who wants System X™ access. If Dave signs The Contract, can X Corp give Dave System X™ access while complying with Some Policy? I know that minors can leave a contract at any time (under most circumstances; this isn't one of the exceptions), but would they be considered bound by the contract in the meantime?

Some Policy

The Big Red Button must not be pressed.
An organisation may grant System X access to a third party only if  the organisation has provided appropriate safeguards.
The appropriate safeguards referred to in paragraph 2 may be provided for by Rules in accordance with paragraph 4.
The Policy Gremlins shall approve Rules, provided that they:

are legally binding and apply to and are enforced by every member concerned of the third-party, including their employees; and
fulfil the requirements of paragraph 1.

The Contract

In order to access System X™, a person must review and accept The Contract, below.
The terms of The Contract

I will not press the Big Red Button.
X Corp agrees that it will allow you to terminate your System X™ access without penalty or repercussions.


texts: Can you host a party at a public polling place during voting hours?

texts: We are a group on a college campus im Ohio. we are completely nonpartisan and are looking to host a “party at the polls” on an off campus polling location where our students vote. It is at an apartment complex and we were denied permission by them. Are polling places considered public places during voting hours or is there any loop hole to get around this?


texts: Right of return for already replaced goods

texts:
Around 9 months ago I purchased a product, a pair of headphones, in the UK directly from the manufacturer. After 5 months, this product became defective, and was exchanged for another identical product. Upon exchange, I was provided with a new order number and confirmation email for the new product. Now, another 4 months later, the new replacement product has developed another defect, and I'd like to return it again.

I have read that, per the Sale of Goods Act 1979, I should be able to get the goods replaced if it was less than 6 months from when I purchased them, but, legally, is the date of purchase for the replaced product 9 months ago when I made the initial purchase, or 4 months ago when I received another order confirmation for the brand new replacement goods? I'm inclined to believe that the date of purchase would be the date on which I paid for the goods, but then the second order confirmation from 4 months ago makes me wonder if I might have a case.

Either way, I'm aware that a £60 pair of headphones won't be a major loss, but after hours of frustration with customer support I'm genuinely interested to know just what my rights are here!

Thanks in anticipation!


texts: Is there any common rider for ensuring appliance and water upkeep in an apartment building?

texts:
We are about to sign a 12-month upper-income lease with a large apartment building in Michigan.

We have seen some past reviews that worry us about maintenance issues once we move in.   One was even as bad as saying when a pipe burst, they had water leaking into their apartment for over a week.

This is a high-rise building that includes all the appliances, so we'd be reliant on them for maintenance.  Are there any recommendations to ensuring that we'd have proper upkeep and maintenance on our apartment and appliances during the lease?


texts: Is hash of a username still personal data?

texts:
I create a script, which asks a user who upload a GIF to a social media website, if it can reupload it to another website (to reduce other users' internet usage). Now I want to give users an option to save their consent for a longer time, so they don't need to click a link every time they upload a GIF. Users don't have a random ID, I only can use their usernames, which are surely personal data (many users use their Facebook account to create their account, and then their usernames are created from their first and last name).

So my question is - if I store a hash of the usernames (irreversible form), is it still considered to be their personal data?