texts: How to go about learning cyber security if possessing such software (hacking software) is highly and explicitly illegal in my and most countries?

texts:
A question for "ethical hackers" or cyber security professionals. I am very interested in the world of cyber security and all aspects of it. I am genuinely interested in the security aspect of it and from a highly ethical and moral perspective. I have purchased "self-teaching" online courses for learning cyber security, this is also dubbed loosely "ethical hacking".
At this point we should not debate my intentions with such activities and I wish you to take them as genuinely ethical. I do understand that many high level organizations such as the NSA, Intelligence Agencies in many countries etcetera do monitor these activities heavily. Therefore I'm sure any such research would be monitored one way or another--- enough said on that.
My question here is, how is it possible to learn in this direction if my country and many others forbid even the possession of software for "hacking" despite intentions? This seems one of the main tools used to learn vulnerabilities and how to defend against them. For ones own security purposes as well as better security for others also and my own software development securities.
While I understand the intentions behind such laws being directed at nefarious intentions, what about progress in this direction, what about people who want to enter the field or simply learn for ethical reasons? According to the criminal code of Canada there is no grey area, see first link below.
An FYI of how I intended to go about learning "hacking" ethically. By using my computer to break into my old brick laptop and learning from there. I wouldn't use such software to hack anyone else unethically, just not interested.
References:
https://www.itworldcanada.com/blog/understanding-canadian-cybersecurity-laws-interpersonal-privacy-and-cybercrime-criminal-code-of-canada-article-4/440337
https://devcount.com/is-ethical-hacking-legal/


texts: What's the difference between "no strict construction" and "contra proferentem" clauses in contracts?

texts:
The two seem very similar in purpose. Here is an example of one each:

https://www.lawinsider.com/clause/no-strict-construction

  No Strict Construction. The language used in this Agreement will be
  deemed to be the language chosen by the parties to express their
  mutual intent, and no rules of strict construction will be applied
  against any party.

https://www.lawinsider.com/clause/contra-proferentem

  Contra Proferentem. Each provision of this Deed will be interpreted
  without disadvantage to the party who (or whose representative)
  drafted that provision.

Does "strict construction" usually mean "don't consider context as much as you usually would when interpreting this document"?


texts:
The American composer Leo Sowerby died on July 7, 1968.  At first there were three ways of contacting his heirs:  1. via the Sowerby Foundation, run by his friend Francis Crociata.  They had a newsletter, a website, etc.  But Mr. Crociata has since passed away, the website has disappeared, and anything sent to their old address bounces back.  2. His executor was Ronald Stalford who though not a relative himself, knew hot to contact the heirs.  Mr. Stalford has since passed away and I have been unable to find out who took his place as executor.  3. The Washington National Cathedral, where Dr. Sowerby worked for the last several years of his life, used to know how to contact the heirs, but has lost touch with them.

I want to copy a handwritten manuscript on file at the Library of Congress.  Without permission from the copyright owner, they'll let me look at it, but that's it, and I need a copy for some research I'm doing.

Are there any provisions for copying if, following reasonable diligence, the copyright owner can't be found?


texts: Are there legal remedies to noise from thin walls?

texts:
I rent a second-floor bedroom. The landlord's family lives on the third floor. The ceiling is not very soundproof: If they are walking around the sound of footsteps is loud enough to prevent me from sleeping.

Does a tenant have any rights to any level of quiet?


texts: Receiving a certified letter and the contents is not address to you

texts:
I am in the United States and I have recently received a certified letter that was addressed to me (name and address).
It's about 80 pages actually.  The cover sheet has a confidentiality notice, and the notice is the standard "you shall not read this unless you are the intended recipient".
The cover sheet also specifically states the contents are for someone else; therefore, I have not read anything beyond the cover sheet.
A note: I have no idea who/what the sending party is, and I have no affiliation that I know of with them.
So the question: What is the most legally prudent path forward here?
As I'm assuming this is a mistake, is the burden on me to contact the sender?


texts:
I'm trying to find information on whether a will in the UK is unenforceable, based on the fact that the terms in it are unreasonable, and can't seem to find any information - all advice on the enforceability of the will is based on things like whether the person writing it was of sound mind, etc.
Say a will has a stipulation that the executors own a property, and are required to let out that property to a particular business, but are not allowed to sell it for 10 years; this means they must take all the necessary responsibility for being landlords of the property, but are not allowed to get out of the arrangement at any time through selling it.  Is this reasonable/enforceable?  How about if they were not allowed to sell it for 20 years, or 100?  Surely there must be some set of rules as to what terms of a will can actually be enforced?


texts: Child Arrangements Order non-biological relative living arrangements

texts:
I have been granted a UK Child Arrangements Order for a child who is not biologically related to live with me. By Virtue of this order (Childrens Act 1989, Section 12, Paragraph 2) I have been granted Parental Responsibility.

However I do not understand this aspect of the act:

  Where the court makes a child arrangements order and a person who is
  not a parent or guardian of the child concerned is named in the order
  as a person with whom the child is to live, that person shall have
  parental responsibility for the child while the order remains in force
  so far as providing for the child to live with that person

What does the statement "so far as providing for the child to live with that person" mean in relation to parental responsibility?

Thanks


texts: Do I have to take the US Census Bureau - Commerce Economics And Statistics Administration census

texts:
I have received a few letters/forms by snail mail asking for my response to a census. The letter noted that it would help the policy making and identification of resources because I was careful picked for the census.

I am concerned about this in the light of the current political situation in the US:

Could this be seeking information in ways that are unprecedented and so would I open myself up to scrutiny?
I am in the country legally and never overstayed my visa, so I really have nothing to worry about. That said, the current administration has been in the new for coming up with creative ways to get out information. So would my taking the census impact another person who may have other reasons to not taking the census? For ex: If everyone in a group of 10 is asked if they committed a theft and 9 respond yes/no but one refuses to respond, that person could be thought to have something to hide. Whereas in solidarity, if all 10 refuse to answer, then the investigator has to work extra hard to narrow down the culprit.
In all, is this a matter of choice or an obligation; to take the census mailed to me?


texts: What would happen if a tenant's eviction notice got lost in the post, or the tenant claims to not have received it?

texts:
I was served 2 months notice to move out of a rental house recently by letter as the landlord wanted their house back. However, a few weeks later and having had no subsequent contact from the estate agent/landlord, I was wondering what would happen if someone in a similar situation claimed to, or actually did not, receive the letter.

The letter was not sent via recorded delivery, maybe that's normally what happens and it solves this problem? Essentially though there is no proof I received the letter whatsoever and they are required to give two months notice. So it may be a week before moving date and the landlord contacted the tenant asking how moving out was going etc. and the tenant has no idea what they were talking about because the letter got lost.

Would they then be required to give 2 months notice from that point on, or could they just claim they served the notice and kick the tenant out anyway?


texts: Can a court order supersede the U.S. Constitution?

texts:
In this video the photographer is presented with a court order that says he cannot film jurors, but it would seem to me that that violates the first amendment.

Certainly the court could instead build something to protect the jurors from photography without violating the first amendment.


texts: How often is lex talonis applied in Iran?

texts:
The Lex Talonis or law of retaliation is a term for retribution punishments that include mutilating the body, such as severing limbs, blinding eyes, etc. In Sharia, this is known as Qisas. It is upon the victim of the crime to request it from the court.
Are there statistics on how many such punishments are performed per year in Iran? How many victims choose Qisas?


texts: Employer forcing everyone to sign new contract which significantly affects working hours

texts:
My employer has recently undergone a number of changes internally, involving the move to different premises (with the argument about the new building being larger, however will accommodate roughly the same number of staff as the current building will occupy). As part of this, they have sent around an update to the employment contract which basically nullifies the flexible working hours which previously has been in effect. Many people I work with vary their working hours to fit in with their lives, and has been accepted - up to this point.

The business operated a core working hours of 10am to 4pm, but are changing this to 9am - 5pm, with a 30 minute "flexible start/end" that employees can start and end their working day (e.g; 8.30am to 5pm, or 9am to 5.30pm) - effectively removing the concept of flexible working hours completely. This affects many people's lives, and some of my colleagues are petitioning to retain their flexible working hours, of which are being met with strict rules surrounding a mandatory lunch hour/half hour, no option to work less than this to make up the time (despite being willing to), and one has been forced to drop their hours to 36/week.

They also put in a clause to the portion that they're wanting everyone to sign which says that everyone must specify when, between the hours to 12pm to 2pm, they will take their lunch, and must be rigid over this (unless a meeting is occurring, in which case that overrides your lunch hour and you must take it later). This was also met with protest, and they eventually caved and relaxed this rigidity slightly, then sent across some minutes from that meeting ratifying this. They will not, however, update the contract to reflect this as they've said that the meeting minutes ratifies it. However, we don't believe this would ever stand up in court if a dispute ever arose. Is this true?

The final part of this demands flexibility from the employee for the business's requirements (e.g; if a meeting runs late/starts early, the employee is expected to be there), but will not offer the same level of flexibilities to staff who currently have lives (unless they offer a rigid, business-valid justification for doing so). It's almost as if they're "offering" this 30 minutes of flexibility to save face because on paper the revision is a load of rubbish.

Many people do not want to sign this, as it significantly affects their lives (I myself work earlier in the morning to finish at 4pm to miss rush hour traffic in both directions, and so I have a little bit of daylight left at the end of the day - however I've been told that I would not be able to petition for flexible working hours with these reasons as they are not valid and would be rejected..and have also been told that I would be one of the worst affected by the change in rules). The move to the new building also offers no car parking space, so those that currently park on the company's property are effectively having to take a pay cut in order to pay for parking, or obtain an alternative means of getting to the office - usually at the additional expensive of significantly increased commute times.

My question is basically this - Can they legally do this? What are the options for employees if they disagree to the new rigid rules and will (or have) get a formal request for flexible working hours rejected because their reasons are not "valid" in the eyes of the business? If the company lets staff go as a result of not agreeing to these rigid terms, are there grounds for constructive/unfair dismissal?

Sorry I've rambled on a bit, but it's quite difficult to get a lot of this across. Hope someone can help.

Edit: sorry, jurisdiction is England & Wales. Company is based in England.


texts: Intellectual Property of a bankrupt company

texts:
I worked for a company that went through a bankruptcy and was forced to close. All the physical assets were sold off. I don't want to reveal the company's name, but they were in a very unique industry and acquired a significant amount of industry specific data over the years. This information is very valuable to other people in the industry.

It recently came to my attention that several other people in the industry have copies of this information/data.

Are there any legal ramifications to having that intellectual property that once belonged to the now bankrupt company? Does the owner of the bankrupt business have any rights to the intellectual property?

I was told by someone that since the data belonged to the bankrupt company it was "public knowledge". That just doesn't seem right to me.

If anyone can shed some light on this issue I would really appreciate it. The reason I am asking is that I was recently asked to help with an IT project which would require incorporating this data that is now in the hands of multiple people.

Would I be putting myself at any risk to provide tools to work with this data (intellectual property) that belonged to the bankrupt company?


texts: Is there a definition of "biological sex" in U.S. law?

texts:
According to MEMORANDUM FOR THE PRESIDENT / SUBJECT: Military Service by Transgender Individuals:

  • Transgender persons with a history or diagnosis of gender dysphoria are disqualified from military service, except under the following limited circumstances: (1) if they have been stable for 36 consecutive months in their biological sex prior to accession; (2) Service members diagnosed with gender dysphoria after entering into service may be retained if they do not require a change of gender and remain deployable within applicable retention standards; and (3) currently serving Service members who have been diagnosed with gender dysphoria since the previous administration's policy took effect and prior to the effective date of this new policy, may continue to serve in their preferred gender and receive medically necessary treatment for gender dysphoria.

  • Transgender persons who require or have undergone gender transition are disqualified from military service.

  • Transgender persons without a history or diagnosis of gender dysphoria, who are otherwise qualified for service, may serve, like all other Service members, in their biological sex.

(emphasis mine)

So this seems to rely heavily on one's biological sex, but a US legal definition of biological sex is not something that's easy to find online. Is there one at all? If so, what's the text?


texts: Is a driver - under a verbal contract with their trucking company - liable for cargo damage? (Canada)

texts:
My in-laws decided to try their hand at driving semi-trucks and found some random company in Ontario willing to "hire" them. I put that in quotes because they never actually signed any kind of a contract, everything was verbal. They were given a semi to drive and started making deliveries.

Eventually they got an order to deliver some perishable goods and something went wrong with the temperature control. When they arrived at the destination, the goods were ruined. The shipping company told them they are fired and wouldn't be getting their last paycheck. I'm still not sure whether the temperature being wrong was their fault or not.

The whole situation is bizarre to me, as I would never get into a truck and start driving without a contract that spells out liabilities, duties, payment, etc. But they are immigrants who were eager to get a job and don't really know what they should and shouldn't be doing.

This was a few months ago. Recently they got a call from some guy from "an insurance company" asking them if they remember that last trip before they got fired and would be willing to answer some questions. They said they were busy but would call him back. They are now wondering what their best course of action is.

Is it feasible that they might be held liable for cargo damage? Would it be best to answer the questions with as much detail as they remember, or claim they don't really recall much? Should they even agree to answer anything at all, or just tell the guy that they have no interest in discussing it and bid him farewell?


texts: Can a company be held to an agreement it signed before it was incorporated?

texts:
Company X, Inc. or an entity purporting to be Company X, Inc. signed an agreement, A, with Company Y on the tenth of the month.
On the fifteenth of the month, Company X filed for, and received incorporation in New York. It became X Inc. at this time, but not before.
On the 20th of the month, Company X, Inc. signs a second agreement B, with Company Y.
Company X, Inc. is willing to honor agreement B.
Company X, Inc. claims that it is not bound by Agreement A because it was signed five days before Company X was a properly constituted (corporate) entity.
Company Y wants to enforce agreement A as well. Can Company Y do this? If not, what recourse does it have? (Y did not know about the lack of "incorporation" on the tenth, and found out about it on the fifteenth.)


texts: In the UK, who owns the intellectual property of a thesis?

texts:
Assume the following problem:

A person decides to create software for his thesis. His application turns out to be very profitable.

If he continues creating it, will the University own the intellectual property over the thesis or the application itself?

Will the revenue go to the university instead?

Is there any way the two parties can come up with a contract or agreement?
If the person leaves university and doesn't finish his thesis and instead releases his application, will there be any repercussions?


texts:
So I often watch my web server traffic. At least a quarter of the time, it's someone attempting to break in. Either by ssh or by attacking my directories and login panel.

My question is, if I present a EULA to the user PRIOR to them being able to access my login page, that specifically states

"If you load the login page, you agree to all me to access your machine remotely including all of the files on it"

Then I proceed to access it after they attempt to login.

Would this hold up in court or would it still violate the computer fraud and abuse act?

EDIT:

The exact flow of events would be...

Person attempts to navigate to my website login page on a server that I own, control and operate.
Prior to being able to access the login they're forced to accept a EULA
They accept EULA and proceed to the login page
I have a payload that then deploys on their machine which gives me partial control over it
[I go to jail] OR [I don't go to jail]


texts: Right of way between U-turning and Right-turning vehicles at traffic lights

texts:
At a traffic light controlled intersection, who has right of way between a U-turning vehicle and a right-turning vehicle? Consider the following cases, assuming no other applicable signage:

Case 1 - Right on red

Here, the person U-turning has a green light, while the person right-turning has a red light. I believe in this case, the U-turning person has right of way because the vehicle turning right should come to a full stop before proceeding, but am not sure.

Case 2 - Right green arrow

In this case the U-turning vehicle has advance green light, allowing left, right, and straight directions (don't know about U-turn). The right turning vehicle has a green right arrow.

I am most looking for answers for Ontario, Canada, but would accept answers for other jurisdictions with similar traffic laws (at least where they don't outright ban U-turns at intersections).

Note: The Ontario driver's handbook, and applicable laws don't seem to mention U-turns much. In particular, it's not explicit that U-turns are even allowed at intersections, but they seem to be according to this Reddit discussion, and according to the no U-turn signs present at some intersections.


texts: Under what circumstances can a banker cut your line of credit?

texts:
I was once offered, and accepted, a line of credit for X. Apparently, I violated the terms (I believe that I made a late payment), and my line of credit was cut in half.

What is the legal doctrine or formula that allows a banker to do this?


texts: Persuasive authority using other jurisdiction's opinions

texts:
I'm an English teacher who teaches legal English to foreign students using the UK legal system for context. I was checking the definition of 'Persuasive authority' using TransLegals' dictionary and part of the definition stood out to me.

  persuasive authority, noun

  legal writings that may help guide a court in reaching a decision,
  but which are not binding. Examples of persuasive authority include
  opinions from lower courts, opinions from courts in other
  jurisdictions, comments made by higher courts as obiter dicta things
  said in a judgment that are not essential to the decision and which
  are not binding precedent, dissenting judgments and articles from
  legal journals

  The court noted the lack of either binding or persuasive authority on
  the issue but considered certain cases which provided guidance.

I would like to know which jurisdictions would be considered. Would a Magistrates court use rulings only in the UK? Include other common law systems such as USA, Canada etc? Or even include civil law rulings abroad?


texts:
The repeal of net neutrality was done (in part) by declassifying ISPs as title II common carriers. As I understand it, being a title II common carrier implies being treated like a utility under a government regulatory body.

I've been told that this offers monopoly protections for ISPs, since they aren't operating with complete autonomy. In many areas, people have one choice for ISPs. As a utility, that's almost expected (I didn't have a choice with my water provider either), but as a typical company, that's arguably a monopoly. I've also been told that if net neutrality is dismantled, and ISPs are declassified as common carriers, that this removes these protections.

Is this true? Does the repeal of net neutrality remove monopoly protections from ISPs?


texts: Can a business ask emergency responders to sign an NDA before/after entering their facility?

texts: The company I work for has some very intense trade secret and intellectual property in its HQ. If police, fire, medical were called and needed access to certain areas of the facility were this information was kept, can the company ask that them to sign an NDA before they leave? Is it different state to state? City to city?


texts: How does GDPR affect a personal web application that uses third parties to authenticate?

texts:
I created a publicly accessible web application that allows me to remotely control the heating system in my home.

The only data the app itself collects is logs of user activity (e.g.: logging when I turn on the heating) which I don't believe constitutes personal information.

However, so as to limit access only to authorized users, I implemented third party authentication using Google. One can only try and log in with a Google account and it will fail if you are not registered, but one can also sign up for an account. When this happens, the app sends me an email with the email address and the name of the person that wishes to register. This information is given to me by Google. Based on this information I then decide if that user can create his account. The name and the email address are stored to remember if the user was allowed to register or not.

The GDPR regulation states that:

  This Regulation does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity and thus with no connection to a professional or commercial activity. Personal or household activities could include correspondence and the holding of addresses, or social networking and online activity undertaken within the context of such activities. However, this Regulation applies to controllers or processors which provide the means for processing personal data for such personal or household activities.

I should be ok, since control of my home's heating is pretty much a household activity. Would this still be the case given that I use Google for authentication?


texts: Can an extra-terrestrial be legally adopted?

texts:
Background: My client has disclosed to me that he is an extra-terrestrial entity who arrived from another planet some time after 1900. He was sent to Earth in a rocket by his (now dead) parents, then placed up for adoption and legally adopted by two US citizens from the state of Kansas.

We are trying to determine whether this adoption was legally valid, specifically whether there is anything in US Citizenship law, US Adoption law (or US law in general) that states that a "person" or "citizen" specifically needs to be human.


texts: Is there any law that Windows 10 "spying" might violate?

texts:
Windows 10 terms of service document includes Microsoft privacy statement which contains the following excerpt (as cited on http://bgr.com/2015/07/31/windows-10-upgrade-spying-how-to-opt-out/)

  Finally, we will access, disclose and preserve personal data, including your content (such as the content of your emails, other private communications or files in private folders), when we have a good faith belief that doing so is necessary to: 1.comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies; 2.protect our customers, for example to prevent spam or attempts to defraud users of the services, or to help prevent the loss of life or serious injury of anyone; 3.operate and maintain the security of our services, including to prevent or stop an attack on our computer systems or networks; or 4.protect the rights or property of Microsoft, including enforcing the terms governing the use of the services – however, if we receive information indicating that someone is using our services to traffic in stolen intellectual or physical property of Microsoft, we will not inspect a customer’s private content ourselves, but we may refer the matter to law enforcement.

Is there nothing in US (or perhaps European) laws that makes asking for  customer acceptance of such conditions simply illegal (especially if one considers the probable implications, not spelled out of course in the Orwellian piece above)?

Of course MS lawyers worked hard to whitewash the text, but are there any precedents/legal line of action which may be taken?


texts: Can a health provider (physical or mental) contact my family to ask them questions without my permission?

texts:
Can a health provider (physical or mental) contact my family to ask them questions about me without my consent? Can they do it if they don't disclose their reasoning or any medical information and just start asking them questions?

For example, contacting your family and asking them if they have noticed certain symptoms you may have.


texts: What is typically required for an offense to be considered "de minimis"?

texts:
In my jurisdiction, one of the criteria for de minimis is this:

  The court may dismiss a prosecution if, upon notice to or motion of
  the prosecutor and opportunity to be heard, having regard to the
  nature of the conduct alleged and the nature of the attendant
  circumstances, it finds the defendant's conduct:

  ...

  C. Presents such other extenuations that it cannot reasonably be
  regarded as envisaged by the Legislature in defining the crime.

http://legislature.maine.gov/statutes/17-A/title17-Asec12.html

Is that a typical way to get your offense to be considered "de minimis"?  That seems like a rather glaring hole.

Please include in your answer what is typical of "de minimis", whether or not my jurisdiction's criteria is typical, and at least one odd example of where the concept of "de minimis" has been applied especially if it is with regard to my jurisdiction's criterion.


texts: Hypothetically walking the line between pornography and prostitution

texts:
Throughout this question I will reference the Texas Penal Code for concrete examples as Texas is my home state.

The Texas Penal Code clarifies explicitly what is considered prostitution in the state in Section 43.02, which I will quote in part here for reference:

  Sec. 43.02. PROSTITUTION.

  (a) A person commits an offense if, in return for receipt of a fee, the person knowingly:

       (1) offers to engage, agrees to engage, or engages in sexual conduct; or

       (2) solicits another in a public place to engage with the actor in sexual conduct for hire.

  (b) A person commits an offense if, based on the payment of a fee by the actor or another person on behalf of the actor, the person knowingly:

       (1) offers to engage, agrees to engage, or engages in sexual conduct; or

       (2) solicits another in a public place to engage with the actor in sexual conduct for hire.

Here, what I intend to demonstrate is that this legislation deems the purchase of a sexual act illegal regardless of on whom it is performed.

Of course, to quote the gist this law professor’s CNN article,

  Because the impact of pornography occurs through the mediation of an audience witnessing a performance, rather than an audience receiving physical services from a performer, pornography and its making qualify as First-Amendment protected speech.

What I intend to underscore here is that constitutional law exempts pornography from state legislation about prostitution because of its true purpose.

A fairly common motif that appears in media (e.g., Sons of Anarchy, Cops, Reno 911!) is to explore different ways to circumvent legislation that prohibits prostitution, mostly—if not entirely—through the scapegoat of an “escort” service.

Consider this hypothetical business concept: a producer operates a custom pornography studio. The customer can visit the studio’s website to view the different content the studio will film as well as the different actors who can be featured. The customer then drafts a script, tallying up the price for different acts, their durations and their doers.

The customer is also free to cast him- or herself (or not) in the video. All the customer must do is prove that he or she is free of sexually transmitted infections and/or diseases. The business does not inquire about the customer’s motivations but does require that all clients respect the consent, or lack thereof, of all parties involved. The customer only pays for what acts are recorded and takes the tape home for private use.

Questions:

If this business were located and conducted in Texas, would it be illegal per Sec. 43.02 of the Texas Penal Code?
If casting oneself in the pornographic film added a surcharge to the bill, would the customer be considered guilty of prostitution?
If the answer to 2 is yes, then could the other parties involved also receive charges despite not knowing the customer’s true motives?

Disclaimer: This is a purely hypothetical situation designed to challenge and promote understanding of the meeting of the First Amendment and Section 43.02 of the Texas Penal Code. I am not soliciting legal advice.


texts: If I run a website with guides on how to commit fraud, can I get in trouble?

texts: If I run a website with guides on how to commit fraud can I get in trouble? If someone is arrested on the website for Grand Theft can I be charged with anything? If not what would I have to do to be charged with a crime?


texts: Can a person bring a translator to the driving test in Arkansas?

texts:
My dad wants to get a drivers licence . He passed the written test. But his English listening is not perfect. We are from India btw.

So, may I legally be at the back seat of the car just in case he does not understand something ?

I know one can do this in Illinois. PLEASE do not tell me to call to the dmv and ask them. I am looking for a legal document online that would either allow it or disallow it (WRITTEN REFERENCE ONLY)


texts: Is it legal to carry a child around in a “close to you” child carrier?

texts: While in a car, a child must be in a special seat. When I leave the car must I take the child seat (it’s detachable) with me together with the child. Or is it okay to place child in a “close to me” child carrier (image below). Suppose the child is a 7 pound newborn (10 days old).  Is it okay to carry the child in the street and in the hospital inside of this carrier? Or should it be a “car seat” type carrier?


texts: In the U.S. if I anchor my houseboat for an extended period in the middle of a large lake connected to a navigable waterway can the city or municipality bordering the lake charge me taxes?


texts: What are the legal ramifications of associating a pen name or pseudonym with an image?

texts:
I am developing a web site for ebooks and ebook authors and have a question about my legal liability in regard to allowing images to be associated with pen names or pseudonyms.

The publishing industry has a long history of permitting pseudonyms for a variety of purposes.  Technically (as I understand it), using the name "Matt Smith" when your full legal name is "Matthew Clay Smith" is using a pseudonym, though it is one that isn't intended to obfuscate the legal identity of the author.

On the other hand, writing romance novels as "Matt Smith" may not be as marketable as writing them under the pseudonym "Alicia Caring."

Given the following examples (which in no way exhaust the possibilities), am I as the website creator or the company I form to encompass it legally liable for misrepresentation and can that liability be disclaimed with appropriate Terms & Conditions boiler plate?

Natural derivative of my legal name with photo of myself.
Intentionally obfuscating pseudonym with photo of myself.
Intentionally obfuscating pseudonym with stock photo of someone else.

Please note that there are no (or it's highly unlikely) ad hominem commercial claims.  Merely the adoption of an alias.  And as such I might be making much ado about nothing.

In the publishing industry, the purpose of an obfuscating pseudonym is to make it difficult or impossible to track down the real person (the publisher acting as the real person's agent).  Pen names are rarely registered in the sense of a trademark.

Usually, the use of a pseudonym is to either make it easier for the author to write to his/her market (most female writers of the 1800s wrote used men's names) or to divest themselves of ownership (Louis L'Amour famously denied to his dying day being the Tex Burns who wrote the Hopalong Cassidy novels).

I am wondering if I can be hurt by someone building up a false personality around their real picture, or building up a false personality around someone else's picture, when it comes to me presenting books to the world.


texts: I have read the documents stating which types of work are available for the students, studying in the UK and having TIER4 visa. These state that you can't be self employed. Another site suggests that being self-employed means to sell goods or services, not being registered as a company. If I have written a book and I want to publish it, this excludes Kindle Direct Publishing. If I sign a contract with a Publisher, does it mean, that I sell good, i. e. manuscript and considered again to be self-employed?


texts: Can an executor (personal representative) name a successor executor? (Utah)

texts:
Chris died and named three co-executors.
The estate involves property but no complications, so informal probate seems viable.
For various reasons, the co-executors want one person to be named executor and another a successor executor, in case the first executor gets sick, dies, or whatever.
In the Utah state code, I found this:
Enacted by Chapter 150, 1975 General Session
75-3-609 Termination of appointment -- Death or disability.
The death of a personal representative or the appointment of a conservator for the estate of a personal representative, terminates his appointment. Until appointment and qualification of a successor or special representative to replace the deceased or protected representative, the representative of the estate of the deceased or protected personal representative, if any, has the
duty to protect the estate possessed and being administered by his decedent or ward at the time his appointment terminates, has the power to perform acts necessary for protection, and shall account for and deliver the estate assets to a successor or special personal representative upon his appointment and qualification.
Question 1
It appears that the statute names the executor of the personal representative's estate as the "default" successor executor.
This is a situation we want to avoid. Instead, we want to have one of the initially named co-executors be ready to immediately step in.
Can this be done? Via a form? (I wasn't able to spot the one that might be of interest at this link:
http://www.utahprobate.com/uupcforms.htm
Question 2
Assume that the co-executors want to go that route after all, and still via informal probate? How is that handled? Do you just add all three names to UUPC Form 10 (Application to be a Personal Representative)?


texts: Can my former employer come after me for developing software after I left them?

texts:
I worked with a company (Company A) in the US as a developer for two years that utilized third party API's. I recently left that company to work elsewhere (new company (Company B) is a completely different type of company, no technology overlap whatsoever). However, I've recently been looking into starting a side project. This side project, while not using any code of Company A, is based upon my experience of working there, particularly with one third party API. My goal is to write something that would be open sourced and make dealing with said third party API more bearable.

My question is, if my former employer finds out that I've done this, do they have any grounds for suing me? Are there any repercussions that could occur for me pursuing said side project?


texts: Is it illegal for someone in the USA to access Sci-Hub?

texts:
Sci-Hub self-describes as "the first pirate website in the world to provide mass and public access to tens of millions of research papers". A Russian researcher posted most of the academic research publications that are usually behind expensive paywalls.

Is it illegal for people in the USA to access it?
If a DA wanted to prosecute someone for going and reading things from Sci-Hub, would they have a case?


texts: Is it legal to use a trade name commercially in a derogatory manner

texts:
People often say derogatory things about corporations like Microsoft and Walmart. The names may also appear in political cartoons featured in books.

But suppose someone wanted to create a sticker that says something like "F*** Microsoft." Let's say the sticker sells for $5 and is designed to be placed on a Mac, in particular.

Would this be legal in the U.S.?


texts:
I've recently discovered that when opening an email with a link in Outlook.com the link is being crawled by Microsoft. It seems to me that this is a severe breach of privacy – such links can often be used to automatically sign you into your account on some site which contains sensitive information.

Is it legal for Microsoft to do this? Is it legal for me to allow them to do this? Is there an acceptable purpose for such behaviour?

(For details on how I know that this is happening, see How do I stop Outlook.com from following links in email?)


texts: Can gold/silver bullion be used to buy/sell market goods?

texts:
U.S. here, specifically NY state.
Suppose I have an authentic gold coin ("bullion"). Vendor X is selling a product that she is willing to sell me for the general value (I say general here because the value of the coin is constantly fluctuating) of the coin, and thus I want to use my gold coin to purchase this product from her.
Is this legal to do? Do I have to first register my coin somewhere, or provide some kind of certificate of authenticity? Or is gold/silver bullion simply not allowed to be used as tender for common things?


texts:
I am following a conversation:

An owner claims there is mold inside.  He indicates that it was caused by a hurricane.  Hurricane / Flood Insurance indicates it is not covered.  I believe that the Associations Governing docs indicates that it is interior damage is the responsibility of the owner (not the association): is this correct?

This question of responsibility is fact dependent on what caused the mold, meaning who was negligent.  Also, we will need to examine your declaration to determine the parametric boundaries of the unit.

QUESTION: What is a 'declaration' document in the last sentence?  Where is this normally found online?  Example would be appreciated.


texts: Employer withholds last paycheck in Virginia

texts:
I signed my exit interview form that stated I gave back my property that I had from the company during my employ and that I was receiving my last paycheck. The employer only put the check number on my exit interview form and did not put the check amount and I believe that was bait and switch to be able to change the check amount that they would give me if I didn't sign the nondisclosure Agreement.

After I signed the exit interview form they did not give me my check. They said, "In consideration for those, meaning my checks, I had to sign the nondisclosure agreement."

Is that considered extortion or is it illegal? I know in the state of Virginia it's illegal to withhold someone's paycheck but did they commit a crime of extortion or any other crime when they told me I had to do something to get what was rightfully mine? I have them on tape saying what I just disclosed to you.

ADDED....Also the employer in the general release form they offered to forgo let's say $2,000 worth of vacation time for me to sign the release form. This mirrors the characteristics of a severance agreement. At the time that they presented that general release to me I was over 50 years old which would have given me certain rights and they would have had to do certain things that they did not do. For instance for older adults being offered a severance agreement they would have had to have given me 7, or 21 days or something to the resend it if I wanted to. I would have had to have been told to consult with a lawyer before I signed it and I think I should have been given time to look it over like seven days or something like that by law. But they called it a general release not a severance pay agreement or a severance agreement.

My question is just because they called it a general release does that not make it a severance agreement? When I pulled up severance agreement form or template it was exactly the same as this general release so in my view they should have treated me and the general release form with the rules that govern a severance agreement. paragraph a paragraph that general release form was exactly the same as the severance agreements that I pulled up from online.

My question is should they have been held to the standard of a severance agreement when it had all of the characteristics of a severance agreement?

Thanks.


texts: When do speakers need a license to speak?

texts:
I was reading this article.  It's fairly long, but one sentence states that "generally, speakers need not obtain a license to speak".  You can do control-F to find the location in the article.  Here is the article.

http://ij.org/report/occupational-speech-first-amendment/

Now I am focusing on the word "generally".  When DO speakers need a license to speak?


texts: Refurbishment service by post, can the vendor disclaim responsibility for return shipping?

texts:
There is a vendor offering a service to refurbish and paint brake calipers.  These items can sometimes have high value, several thousand pounds on the second-hand market.

The vendor's terms and conditions state:

  While our warranty does not cover for damage caused during transit,
  all shipped products (not including paint kits) are entitled to £100
  basic shipping cover before additional shipping insurance purchases
  are assigned to invoices. The way in which this £100 or more is
  claimed is as follows: Loss: If a parcel is lost in transit before
  being delivered and signed for, your total cover amount will be put
  towards the replacement of the affected units. Anything outside the
  cost of these parts must be covered by the customer.

Can the vendor actually disclaim responsibility for loss during transit by their courier, unless the buyer purchases additional insurance through them?  I know that under distance selling regulations, the seller is responsible until the item has been delivered to the recipient, but in this case a service is being carried out to the recipient's own property, which is then being shipped - what regulations apply here?


texts: How to calculate currency conversion for USA consumption tax (sales tax) reporting

texts:
I have been told, that an overseas company selling in USA need to collect consumption tax and pay it back to US. However, our company is going to charge our customers in Australian dollars. Thus, to lodge a tax report in US we must convert AUD to USD. And we would need to use currency conversion rates set by federal reserve on a day of our report submission. Where can I request these rates?
I thought it would be Federal Reserve Web site RSS or CSV
But the data are published weekly at 4:15 there.
What resource should I use for currency conversion rates?


texts: Is O'Reilly Media engaging in false advertising?

texts:
Background:

I own copies of several fairly expensive paper books published by O'Reilly Media. One of my primary reasons for buying these books instead of alternatives from competing publishers, was that inside the book, the following offer is advertised:*

  Get even more for your money

  Join the O'Reilly Community, and register the O'Reilly books you own. It's free, and you'll get:

  $4.99 ebook upgrade offer
  40% upgrade offer on O'Reilly print books
  Membership discounts on books and events
  Free lifetime updates to ebooks and videos
  Multiple ebook formats, DRM FREE
  Participation in the O'Reilly community
  Newsletters
  Account management
  100% Satisfaction Guarantee

  Signing up is easy:

  Go to: oreilly.com/go/register
  Create an O'Reilly login.
  Provide your address.
  Register your books.

  Note: English-language books only

(An image of the same page, as it appeared in a different O'Reilly book from 2015, is shown below.)

This gave me to understand that by buying the books, I was also buying the right to redeem this offer.

I attempted, a few days ago, to take advantage of the "$4.99 ebook upgrade offer" for a couple of O'Reilly books of which I have paper copies. I have performed the steps above, except for the last one, because I could not find any option to register the books. Because of this difficulty, I contacted O'Reilly, who said, to my considerable surprise:

  Thanks for reaching out. We've recently discontinued the "Register Print Books" feature on the website, as well as the "$4.99 Ebook upgrade" deal tied with it. This feature was disabled because we've shuttered our online store and are no longer offering the direct sale of ebooks or print books.

To me, this seems unacceptable, because:

the offer has no expiry date; and
O'Reilly appears to be a "going concern", so is presumably obliged to fulfil the written offers it has made to its customers; and
books advertising the offer are still being widely sold in bookstores (new, not second-hand), so even today, customers could still be buying books on the basis of the offer.

My question:

Under English or US law, and given the above facts, is O'Reilly engaging in false advertising?

Update: Image of a page showing the offer:

* This wording is taken from an O'Reilly book published in 2015. Books from other years might have marginally different wording, but for all the books I have checked so far, the offer was essentially the same.


texts: Separate permission required for amicus curiae brief?

texts:
I submitted an amicus curiae brief to a federal case and it was rejected on the grounds I had no permission from the court to submit one, however, in the brief itself, at the beginning I specifically asked for permission to submit the brief.

Does the permission have to be asked for in a separate filing?

I don't see why I can't ask for permission within the brief itself.


texts: What tenant laws apply if there is a non-code compliant living situation in CA?

texts:
I'm living in an RV in El Dorado County, CA where like in many counties, it is illegal to occupy a motorhome on residential property. Of course, El Dorado County is so rural that many people do it. Just on my street, I'm aware of 3 motorhomes being occupied.

My property just got foreclosed on and the Bank won't give me any tenant's rights and won't abide by the terms of my rental contract. Instead, they turned off my water and power (which with a couple days of talking to the sheriff's department and the sheriff civil department I got turned back on). Now they've called code enforcement on me and they say I've got till Monday to leave. I'm working on it and (hopefully) I think I've found a new place.

I'm not trying to fight this as it's a losing battle, but the situation has brought up many important issues. Here are my questions:

Does a person living in an RV on residential land have any tenant's rights whatsoever? What protections would someone in this situation have?
Does my contract's 30-day notice clause apply? I've yet to receive any paperwork from the bank and they only contacted me last week.
Does code enforcement need to give notice to someone according to the county's tenant laws?

Any other related knowledge would be most helpful.
Thanks!


texts: If a court witness self-implicates are they automatically charged?

texts:
If a witness under oath in court gives evidence that reveals they have committed a previously unknown crime or offence, are they automatically charged or is there another process that may or may not be followed before they are charged? They don't have an explicit immunity agreement, they have just revealed evidence that implicates them. The crime or offence doesn't have to be the one before the court.

An example from TV: A man is asked how he was in a position to witness the assault. He says, "I was in my garden at the time ritually slaughtering a goat." He comes from a country where ritually slaughtering goats is done by civilised people and he genuinely doesn't realise that it's illegal in this country. Nobody could anticipate that he would say that in advance and warn him not to. Would he be automatically charged or would it be discretionary?

I am particularly interested in Australian courts.


texts: What license do I need to transmit on an aviation radio?

texts:
I've asked this question over on Aviation Stack Exchange, but nobody over there knew the answer, so I thought I'd ask here.
I'm a student pilot. I know that my pilot's license also acts as permission to use the radio in an airplane. But, I recently purchased a handheld airband radio as a backup to the plane's radio. If I wanted to use my handheld on the ground, not in a plane, what license would I need? Is this even possible?
(I already have a Restricted Radiotelephone license, if that helps.)
(No, I don't know why I would want to do so. I just like having my options open.)


texts: Can a Home-Owner Association's Manager place a lien on property?

texts:
Scenario: HOA Property Management in Las Vegas, NV vs me over unpaid monthly dues.

I wasn't aware that my HOA had changed its Payment P.O. Box a few months ago and hence, my automated monthly payments began being rejected albeit most have been received.

I've been out-of-state for the past few months and hence, finally got a note from a law firm stating that I was delinquent.

I contacted my HOA and they claim I owe them pass due + penalty fee + admin fee + collection fee.

I told them that I want credit on all payments received within the past six months as noted via my bank's statement (as proof of payment) and I'll pay the difference plus the late fee.  I refuse to pay the huge collection fee, being that I've been paying monthly in good standing; that the problem was a technical one syncing the bank with the HOA.

I had left a few voice messages and have sent a few e-mails but I haven't received a response since our initial encounter.

So I'm left with no acknowledgement that the collection agency is to be cancelled plus the collection charge void.  Nor have I receive a response from my request to pay the difference due.

Question: can the HOA still slap a lien against my property and if so, is it possible for my HOA to force the sale of my property to recover cost?

My wife is freaking out on this.

Meanwhile, I intend to file a Better Business Bureau complaint against my HOA.   And if necessary, file a small-claims court suit.

The aggregate requested (dues + fees) cost is about $1000.00:

Assessments             $570.69
Late Fees                $60.00
Interest                  $5.71
Admin Fees               $35.00
Collection Charges      $331.53

Total:                 $1002.93


texts: Using premier league data for academic resarch

texts:
For my PHD I will do an academical research study about the English Premier League. Therefore I created a database out of several online databases - namely the ea sports fifa ultimate team scores, and official data by the premier league like name, nation, age and the players profile picture by the british premierleague.

The participants can only take part in the study via a personalized invitation URL.

The main purpose of the study is to understand the impacts of different player combinations in fantasy teams (known players, but in unreal teams) on team likings based on ethnic influences and other facts.

So from my understanding this should be not a copyright infringement because of the following criteria:

(1) academic use (Exceptions to copyright: Research)
(2) non-commercial use
(3) closed user group (non publically published)

The terms and conditions of the EPL can be viewed here

I will of course cite the original data sources and state their ownership of the data / images. I will explicitly state, that none of the players or clubs are involved in the experiment.

Is this a legal use of the data by ea sports and the premier league in the uk?

thanks for any hints or insights on this topic!


texts:
Some article on dowry death in india.
dowry death
More than 7,600 women were killed or moved to suicide in 2015 as a result of dowry harassment by their husbands or families-in-law, according to India’s National Crime Records Bureau.
Let's have a discussion on kill(murder) instead of suicide.India is the world’s largest democracy,if a greedy husband killed his wife just for dowry ,will he be published to death?Every man punished to death ,the dowry death will disappear,why so many dowry death prevail in india?what happened to the husband's action?How does the legal system operate for dowry death in india?


texts: Manufactured goods, when do they lose copyright?

texts:
Lets face it copyright, especially internationally, is a mess. So let us scope this so that anybody can answer about any region, but only one region per answer. Also let us keep the discussion in goods that clearly at some point lost the copyright, because prints and artworks really do not lose the copyright.

So how exactly do i know where the borders of copyright are. Generally, physical goods, like a chair or fashion has no copyright*. But then computer programs have a copyright. This is where it gets really wild.

Modern physical goods exist as digital models before they exist as reality, this model just like any other program created by human. Does the model enjoy copyright? Does the 2D drawing that is made form this model enjoy copyright? Does the CNC control code that produces the model (it is computer generated) enjoy copyright? The resulting object does not enjoy copyright!

At what point did it lose the copyright. If i scan the product and recreate a model. Did i strip copyright? If instead of scanning i read the position of the print nozzle or mill head to create a new toolpath?

Simply how does one know where the copyright ends. Because clearly for the chair to not have copyright protection it must end somewhere.

* Although they can have if they are deemed art. The question becomes easy if the object has copyright through its entire life. But not all things are like that, i am not interested in objects of this kind.


texts:
I live in Washington state and am trying to negotiate some terms in the rental agreement (Specifics below). The corporation representative replied due to fair housing laws they are unable to modify the contract. Is this correct?

LEASE CONTRACT

MOVE-OUT INSPECTION

You may meet with our representative for a move-out inspection. Our representative has no authority to bind or limit us regarding deductions for repairs, damages, or charges. Any statements or estimates by us or our representative are subject to our correction, modification, or disapproval before final refunding or accounting

Modified to:

MOVE-OUT INSPECTION

You may meet with our representative for a move-out inspection. This inspection will serve to notify the renter of any damages or deductions that will be made and offer the course to remedy these prior to the move-out date. If the condition of the unit upon move-out is the same as the inspection, the inspection cost estimation will serve as binding.

BUY OUT AGREEMENT:

(g) you pay us the amount of any concessions you received when signing the lease Contract;

SECTION 1.1 (G) MODIFIED TO:

Any concessions granted upon signing the lease Contract will be calculated on a pro-rated basis based on the move-out date against the term of the lease. Any concession value not consumed during the occupancy period will be returned to Guide Property Services.


texts: Do app makers need to pay royalties if their software generates PDFs?

texts:
I'm building a (for-pay) web/mobile app that will generate PDF reports for customers. Do I need to pay someone a royalty? Who? How much and what are the terms?

Surprisingly, the best info I was able to find was from the PDF wikipedia page where it simply lists PDF as an "Open" format. But no mention of royalties, etc.


texts: if i only record my own voice in a telephone conversation can i legally use it

texts: can I record a conversation with my phone when I am speaking to someone on the call. the only voice recorded is mine , and the other persons voice is not recorded. can I legal use this in court


texts:
Two parts:

Is it legal under Croatian labour law to make an employee pay a fee for quitting their job?
If it can be shown that an unlawful clause has been included in a labour contract with malice (contract was drawn up by a legal expert who can be assumed to have known what is legal), can it, under Croatian law, invalidate the entire contract or will the principle of 'cancelling clauses until the contract fits within the law' apply?

I could continue with questions about coercion on behalf of the employer, both to sign these ludicrous contracts as well as coercing employees into making investments in the company they work for to make it more difficult for them to quit, all the time creating a more and more toxic working environment, with public shaming and wage reductions looming over employees' heads, but I will take that up when the need arises :-)

thanks for anyone's two cents,

Rob

none of the advice you give will be directly used: you're safe to speak.


texts: Copyright infringement of 10 second music clip

texts:
I have recently created an animation/parody of famous song and have added about an 8 second clip of the song as the background audio for my animation.
However, I would like to post the animation (with background audio) to Instagram and YouTube but have heard that because I am using some of the original song that this could infringe on the copyright and I could potentially be sued. Is this true? Is there any way I could post the animation (with the song clip) without infringing on the copyright laws?

Just to clarify, I will not be making any money from the animation/video as I will not be advertising on it, etc. Does that change this situation?

Thanks for any helpful advice.


texts:
In email discussions, letting agency stated rent amount A. They have provided me a contract to sign at a rent amount B ~ 8% lower than amount A. As this is an error in my favour, I would prefer to pay rate B. Will this be possible? Or does the amount A agreed to in previous emails before I saw the contract take precedence?
Additional details:
This is a UK Assured Shorthold Tenancy, 12 month fixed term contract.
I have paid the first month's rent at amount A. This must be done before the contract is signed, as is fairly standard practice in UK letting. I plan to pay the remaining 11 months at rate B.


texts: Can my landlord / building management reject pets?

texts:
We asked our agent if he we could have a mature, well trained cat in the apartment that we rent. We know the cat already and he is fully litter trained and does not scratch ect.  He rejected by saying that it was against the building management - landlord contract - they have not provided any proof of this
Other animals live in the building - I understand that they may not have asked.
There is no mention of pets in my contract which I initially took to mean that they are allowed and I was asking as a matter of curtesy to inform about the arrival of a pet.

Where do I stand? I have been in this flat for one and a half years and will be here for at least another year or two so do not want to upset the landlord - my agent is particularly useless and seems to not have a clue, to the point of requesting a visit only a few hours before he wants to arrive - no notice - and so I struggle to trust him.

Uk


texts: How to legally upload copyrighted material to a server?

texts: If I upload a copyrighted file "c.file" for which I am not the copyright holder to Dropbox, no one cares. If I share it, then it becomes an issue (and of course Dropbox has things to prevent this). However, if I put c.file on my own webpage, with no security of any kind, this is file sharing, which is illegal for copyrighted files. If I want to use my server as a personal cloud storage like Dropbox, what do I need to do in order to be within my legal rights to serve copyrighted material? Is a simple password protection enough? Or do I need to achieve some particular level of security?


texts: Maximum penalty for breaking residential lease in Michigan?

texts:
I live in Michigan and I am breaking my lease to move to Maryland.  I current pay around $1200 a month.  According to the document I signed, I have to remain in the apartment for 6 months, then give them a two month notice, and then after those two months I have to pay another 2 months rent.  In addition I will have to pay a "coupon rate" of close to $200 for each of those ten months rent.  The amount this comes out to is $9,092.  In addition they refuse to honor their duty to mitigate damages (make a best effort to find another renter), and I live in a very nice complex (which I am renting for below market due to when I moved in).  The housing/rental area I live in is also a very hot market.  My apartment complex also refuses to allow me to sublet.

I was wondering what my real legal responsibilities are in this matter, and what the maximum amount I am legally required to pay.  I am also absolutely certain they will be able to rent the complex quickly (I will give 1 month notice, and will move end of summer which is a hot time to rent in my area).

I have a friend who is a landlord and he says the law states the maximum rent that can be charged is 3 months.  Is this true?


texts: Ohio duty to report (2921.22) : Does it apply to victims?

texts:
I was researching duty to report a crime, and saw that Ohio was one of the few places that had a general duty to report.  So I read the state statute at http://codes.ohio.gov/orc/2921.22

Nowhere did I see an exception for the victim of a crime.   So,  if you are the victim of a crime that is a felony in Ohio, and you choose not to report it,  can you be charged under this law?


texts: What is considered “production” of an illegal image?

texts: Is a child sex abuse image considered “produced” by Bob if it was “received” or “viewed” on Bob’s computer? Does the computer displaying the image on Bob’s monitor count as him producing it? Or would Bob have to take the photo of the illegal image himself (or draw/render the photo if it’s considered an obscene image) to be judged as “producing” it?


texts: Can governors deploy state police vs federal police?

texts:
(Non US national here)
Can the governors of states that disagree with the deployment of federal troops deploy some kind of state force to stop these? Does state police loyalty lie with the governor or the nation?


texts: What do international laws say about using a software which is free only for non-commercial purposes but used otherwise?

texts:
Concerning the question in title

  What do international laws say about using a software which is free only for non-commercial purposes?

I am talking about software which are free for students or in general for non-commercial use.
Of course I understand the meaning of such statement and I believe it's fair.

My question is basically: what does according to International laws happen when use certain tools for professional purposes even if you have a non-professional license?


texts: The HP laptop I received is not as per specification. Can I file a complaint at court?

texts:
I ordered a HP laptop online (from hpshopping.in). Before I ordered the product I had a chat with HP representative using the HP assistant chatting options provided in the website. The representative said the product I mentioned has a keyboard back light. But when I received the product, it has no keyboard back light. I filed a complaint with HP and they took nearly 1 month to reply. Now they say I can replace the laptop with any other from the site but extra amount has to be paid if price of new laptop is higher. Do I legally have the right to ask for a complete refund of my product based on the incorrect representation of its features?

If the company rejects my refund request where can file a case legally?


texts: What happens if my dog kills a cat in my garden? (UK)

texts:
My neighbours informed me that they have two cats now and asked what would happen if they wandered into my garden. I’m not 100% sure; they have never really seen a cat, at a guess they would chase them out. They are always supervised in the garden and are never alone.
But if one of my dogs got hold of the cat, what would happen from a legal point of view?
Who would be liable? Would my dog be destroyed?
My local authority seems to think it’s a civil issue between the two owners if it happens on ‘private land.’
But I’ve seen a lot of information from both sides.


texts: Why is it said that pre-trial procedures are "heavily skewed in favour of a plaintiff" in cases of defamation in Australia?

texts:
After losing a defamation lawsuit, ABC (Australia) said in a statement that

This case has again starkly demonstrated fundamental problems with Australian defamation law and pre-trial procedures being heavily skewed in favour of a plaintiff.

What exactly in the procedure generally favors the plaintiff in defamation cases in Australia?


texts: Is an accompanied minor child who illegally enters the USA breaking the law?

texts:
Immigration has been a big point of debate recently, especially as it pertains to children. I know accompanied children who are not legally allowed to enter the United States can be detained or deported if they are caught, but my question is: Are those children themselves determined to be committing an illegal act in the eyes of the law?

In other words, are the children considered responsible for their illegal entry, or are they seen as being "brought" into the country illegally by their parents/family?

This question is in reference to a first-offense entry, not the crime of re-entry after deportation.

UPDATE:

After some more research, it looks like the way unlawful presence is determined is different for children than adults, but I still haven't found any definitive answer to the question above, though it seems to be "yes."


texts: Employer overpays, then reduces next paycheck to "compensate."

texts:
Suppose that in the United States, my employer overpays me on a check and the money is taxed at a higher rate because of it (including social security withholdings), then on the next paycheck my employer reduced my paycheck to make up for what they overpaid me. It would seem that I just had to pay tax on money I never actually got paid.

What legal avenues could I explore to recover the money I seemingly paid in taxes on income I never actually received?


texts: How do companies reference a Master Services Agreement in work orders or statement of work? What language is normally used to do this?


texts: Does a divorced/widow(er)ed person under the age of 20 in Thailand retain sui juris?

texts:
In Thailand, a minor (one who has not received sui juris) is a person under the age of 20. An exception is made if the person is married - which can happen when both parties are over the age of 17.

Say a person at the age of 18 marries. The marriage could be terminated, in the instance of divorce or the death of the other partner.

If this termination happens before the person's 20th birthday, do they retain sui juris?


texts: Why is there no US federal crime of interstate forgery?

texts:
Suppose someone uttered a forged document across state lines with fraudulent intent. This looks like (attempted) fraud and (completed) forgery in both states, as well as (attempted) mail/wire fraud federally. However, 18 USC Ch 25 clearly applies only when the intended victim or misrepresented party is the United States/agents/etc itself.
Since attempted fraud is basically a predicate offense of forgery, presumably the latter is more serious. Given that federal statute treats "interstate commerce" very liberally (the reach of mail and wire fraud is extremely broad), why didn't congress create a separate crime for interstate forgery? (Start with a copy of 18 USC Ch 25 with all references to "the United States/etc" replaced with "any person, across state lines" and adjust from there.)


texts: Does a Creative Commons license protect monetization rights of the original work?

texts:
Suppose I wanted to release a game, song, whatever under some creative commons license. (Other than CC-0, which I understand to be another name for public domain) I might do this to explicitly allow derivative works because I'm personally a fan of that sort of thing, but I still want to have exclusive rights to the original work so that I can make money from sales.

Would it be a violation of the license for someone to take the purchased content and make a copy for each of their friends? (or post it on a torrent site) I get the sense that the answer here is "no" from this picture from Wikipedia (I can't embed since it's an .svg), but it's not entirely clear to me. I also don't really have the legalistic literacy or patience to read through the license terms myself.

As sort of a secondary question, if CC doesn't work, is there a license or addendum I could add to a copyright to explicitly allow derivative works while still preserving my rights to the unmodified work? Would I just be better off sticking with a copyright and create an easy avenue for obtaining permission?


texts: For bankruptcy, are your finances take into account at the time of filing, or at the time of the 341 meeting several months later?

texts:
Pretty much just the title. Just wondering if finances taken into account are at the time of filing or at the time of the creditors meeting?
Asking as a matter of law - what does the law say?


texts: Would an encryption ban also ban transmitting random noise?

texts: Say for the sake of argument that the US government decided to ban all encryption in communications. Since modern encryption makes a message practically indistinguishable from random noise, would sending random noise also be banned? If not, and since there's no practical way to tell them apart, how could this be enforced?


texts: Copyright vs Attack Quotes in a Political Work?

texts:
When commercial publishers want to claim "fair use" privileges in quoting from various sources, one of the guidelines is the question of whether their usage will somehow affect the value of the medium the quote was extracted from.
As I understand it, the emphasis is on competition. If I write a book about peanuts and extract a couple juicy quotes from a book titled Peanuts, and my book sells more copies than Peanuts, then the author of Peanuts might have grounds to sue me.
But suppose I write a political book that is very critical of another political book. I extract a couple quotes to illustrate just how deceitful this other book is. I then go one step farther and advise readers "Do NOT buy this bum's book!"
Obviously, the author's going to be more inclined to sue me. But would they be able to sue me on the grounds that I hurt their business under these circumstances?
To be clear, my book would not be really similar and therefore presumably would not be considered an example of competition. However, it would be very critical of the other book, going so far as calling the author a propagandist and recommending that people not buy his books.


texts:
In the United States the FFCRA act provides employees paid sick leave if they become sick with COVID-19, are seeking a diagnosis, or have been ordered to quarantine by a medical professional. The act also provides paid leave in the event that the employee needs to care for others due to circumstances related to COVID-19.
There are many FAQs on the Department of Labor website discussing which employees are eligible for the different leave types provided under FFCRA and what their rates of pay will be, but I can find no answers related to my exact question, namely;
If an employee takes the maximum two weeks of FFCRA sick leave, and then switches jobs, is there anything preventing them from taking an additional two weeks of FFCRA sick leave in their new position once they meet the eligibility requirement?


texts: Is 7 days unpaid training legally right for a 17yr old?

texts:
I'm 17 still in sixth form, but I'm currently on holiday break. Yesterday I started "training" at a fairly new tea shop (opened last december, running for roughly 7 or so months now) but I helped with everything from setup, cashier, drink making, cleaning and closing shop working 9:30am to 7:30pm. It was my first day and although I didn't help with making most of the teas (since they hadn't taught me yet) I thought it was a lot of work for "unpaid training". I signed myself up for 6 more days of training in a row, but the manager said everything will not be paid. She said only after I complete an 80hr training and pass an on-boarding test will I be get to be paid the national minimum wage £4.05 an hour.

I've only worked one day but it was 10hrs.

Is this legally right in the UK?

I asked my co-workers today and they said they completed unpaid training too. The second youngest after me said she applied to a different restaurant before saying she had unpaid training too, although most of my friends had jobs with paid training.

How can I respond to her?


texts: What is the benefit of a large lawyer team?

texts:
A pretty common trope in different kinds of media is the idea that large corporations or rich people can screw people like they want and get away with it, because they have oh so many lawyers at their disposal. Mr. Burns from the simpsons comes to my mind immediately.
Is there any truth behind this assumption? Can a large lawyer team render you invulnerable to certain lawsuits? I have no experience with any real applications of jurisprudence, so I find it really strange.
Some points I can think of:

When the lawsuit is so large and complicated that you need the manpower to sift through all its aspects. Still, if you poisoned an ecosystem your guilt should be provable and you would be condemned no matter the number of lawyers.

Intimidating your opponent with the number of your lawyers to make them concede to a extrajudicial solution.

It's just a code for bribing the judges.

But none of those would explain this phenomenon properly. Is it even a real thing?


texts: In the US, is it legal to lie to a business such as a hotel to obtain a discount?

texts:
Let's say a hotel chain or a restaurant provides a 50% discount to anyone aged over 70. Would it be legal (as in, no criminal charges could arise from that action) for a patron to lie to the hotel/restaurant about their age to get the discount?

Question is restricted to US law.


texts: When modifying a residential lease, can a separate addendum be used for each tenant?

texts: I own an investment property in Denver, CO that is currently occupied by 3 tenants who have all had some sort of falling out and as such want to terminate their lease early. The last thing I want is a houseful of people at each other's throats, so I have agreed to work with each tenant individually with respect to when that specific tenant will vacate and how much in prorated rent and fees they will be responsible for. Once everything is figured out, I will have to create an addendum to their current lease to spell it all out. Since none of them are on speaking terms and all of the agreements we could potentially arrive at could have drastically different terms, it feels like the right way to go about this is to create a separate addendum for each tenant. Is this advisable (or possibly problematic?) given the fact the original lease has all 3 of their names on it and refers to them collectively as "THE TENANT"?


texts: What is the state of intellectual property when the owner goes bankrupt?

texts:
A company makes a great game called "AwesomeGame" that costs 20€.

They sell thousands of copies of the game, but ultimately go bankrupt.

What is the status of the game at that point?  Do any intellection-property rights or protections of it still exist?


texts: Can an Amazon Seller Make Me Pay for Items I didn't order but they mailed me for free

texts:
This is different from other question because

I always leave 5-Star reviews
I am one of few people who purchases clothing from this buyer (it is ladies ethnic clothes)
Return label was included

I have been purchasing clothes from a particular 3rd Party Seller through Amazon.com

I always leave positive reviews.

Few days ago I received free set of clothes from the seller and a return label (return label requires sender to pay shipping).

I thought this was a gift because I am a regular customer.

Just now I received another free set of clothes from the seller and a return label.

Is this a good-will gesture, i.e. give away past-season inventory to regular customers.

Or is it something else. Will the seller attempt to get me to pay, even though I never ordered the items.

How would the seller get me to pay? At most I can write a 5-Star review, but I am concerned this may open a can of worms.


texts: Which countries' inheritance laws apply?

texts:
My mother, a German national with a green card passed away recently. Her husband (my dad) of 59 years is an American citizen (born in US). My mother spent the majority of her adult years in the United States. She kept a bank account in Germany. The German cousin who has access to the bank in Germany has informed us that German law requires that 50% goes to the surviving spouse and the other 50% is divided amongst the surviving children. None of my siblings or I would contest it, in any way, if all the funds went to my father. But my father, good man that he is, wants to follow the applicable laws.
The questions are: which laws are applicable? U.S. laws? German laws? Some mix thereof? My mother did not leave a will; the U.S. based assets are in a trust. What kind of an attorney should we seek out to make sure that things are done in accordance with the relevant laws? What questions should we be asking of such an attorney? The total value of the funds in the German bank account are not so large that attorneys are clamoring for the business. :-)


texts:
I've encountered a trademark in the USPTO database which is listed as:

  CONTINUED USE NOT FILED WITHIN GRACE PERIOD, UN-REVIVABLE

What does this mean and what rights might the trademark registrant still have over the mark?

Does the registrant still have common law rights over the mark? If so, are they affected by this status?
Does this mean the registrant can never register this mark again?
Can another entity register this mark for the same purpose?


texts: Can Visual Studio Enterprise 2015 for students be used to publish commercial products?

texts: I was a student at a university and i was provided free Microsoft applications through Microsoft Imagine. I have graduated but i still have those applications especially Visual Studio Enterprise 2015. I would like to know am i permitted to use this application and can i publish the applications developed using this software.


texts: "Minimum legal distance" between neighbor's property line and a plant of woody trees

texts:
As we know that trees are essential everywhere but they sometimes cause nuisances as well when not properly planted or maintained.
Keeping this in mind, has there been made any law that describes the minimum distance between the plant of a woody tree and neighbor's property line which is also one of the walls of his/ her building?
I would like to have the answer in the context of India.
Thanks in advance.


texts: How to Search Convictions by Statute Section

texts:
Where online can one find a database of convictions that allows one to search convictions by statute section?
I am in Oregon, and am trying to find conviction records held by state court or government agencies filtered by statute section.
So far everything I’ve searched only allows to enter by criminals name, in this case I don’t even care about the criminal’s name, I just want to see what the convictions and final fines and things are that resulted from similar cases based on section statutes to get an idea of how a county or state sentences other similar cases for the same statute section.
So for example, I would like to see the convictions for say statute section 163.125     Manslaughter in the second degree, and be able to see how the county or state convicted the perpetrator. See list of other statutes.
Thanks!


texts:
How does one know who to make a request for production of documents on?

How does one know if the clerk (or whomever) that is being sued and is requested for production of documents is still with that same company who would have the documents?


texts: Do companies have the right to demand proof of being present in the EU before executing a GDPR request?

texts:
Under the GDPR, any company doing business in the EU must remove EU users' personal data upon request from that user.

Since the statute only applies to persons present in the EU, are companies legally permitted to demand that a user requesting personal data removal supply proof that they are present in the EU, so that they can deny the request to those outside?


texts: What legal employment rights do people with an embarrassing past have?

texts:
A few years ago a school teacher in the US lost her job when it was discovered that she had previously performed in pornography. There was no suggestion that she was a poor teacher, it was simply the fact that she had an embarrassing past that got her fired. She had not mentioned it when applying for the job, it was only discovered by her students recognizing her in a video seen on the internet.

More recently the EU Right to be Forgotten has been used to prevent a web search associating innocent people with criminals mentioned in news stories.

The owner of Oink's Pink Palace was fired when he was arrested for copyright infringement, but subsequently found innocent. In such cases it seems that the accused often does not get their job back, despite being dismissed over something that turned out to be perfectly legal.

Generally speaking, in the UK what employment rights does a person have when their past is potentially embarrassing? Former jobs, former criminal convictions now spent, former involvement with "undesirables" etc. Can they be fired, and if not what specific laws protect them and to what extent?


texts: Construction Regulation on Common Element

texts:
FS489 indicates that the purpose of said statute is the necessity to regulate the construction industry in the interest of the public health, safety, and welfare.  It provides exemption for owners to build on the owner property.  In contrast this question is concerned with construction on condo common element (land in this case).
Assume that construction (improvement) is to be performed on the common elements of a condominium.

Is the common area "commercial" in a construction-regulatory context?
What regulation / statute prevents a condo owner from building an improvement on condo common elements that could endanger safety?

Assume that in 2. that no licensed contractors are involved?


texts: Is the United States I-134 immigration document legally binding?

texts:
Is the I-134 immigration document legally binding?

It is supposedly an "affidavit of support" but it is not the I-864.  I have someone who is very hesitant to sign it but I am trying to explain that it is not legally binding.  However, I need the support to bring my fiancee to the USA.


texts: What Rules Apply To Foreign Nationals Buying Real Estate In Mexico?

texts:
For a long time, it was illegal for people who weren't Mexican citizens to buy real estate in Mexico, although there were some elaborate devices that could be used to circumvent that rule.

I have been told that in recent years, this rule has changed, at least in some circumstances, to allow people who aren't Mexican citizens to buy real property in Mexico.

When did this change in the law take place? What are the rules regarding foreign ownership of real estate in Mexico now? Did any other rules regarding the rights of foreigners to participate in the Mexican economy change at the same time? Is this decided on a state by state basis in Mexico, or is this based upon national law?


texts: Would I be in legal trouble if I charge money on my website that cites other peoples work?

texts: I am thinking about building a website that is a collection of information. Some of the content will be written by me and some of the content is from outside sources. The outside sources will be cited accordingly so there is no plagiarizing. However, they don't know that I am sourcing them. I want to charge x amount my users for permission to look at my collection. Is there a legal issue that I might find myself in if the outside sources see that I am charging money of a collection that includes their information that is cited?


texts:
I want to delete my old (7 years unused, never logged in) Twitter account. I lost the email to it, but it has my name so I would like to delete it. I wrote Twitter support twice and told them "This is my old account it's obviously inactive as you can see. I lost the email for the account, but please delete it.". I even attached a scan of my passport to prove that it is me. But after 2 requests they still refuse to delete it. In the second request I send them following: https://gdpr-info.eu/issues/right-to-be-forgotten/ which in my understanding means they have to comply with my request.

Their response is we can not delete an account without you owning the original email. But I lost the email and the account has my first and second name and is inactive which excludes some kind of troll request.

Now my jurisdiction is Switzerland, which as far as I understand does not have GDPR, but I presume Switzerland has something equivalent to GDPR. How can I get Twitter to delete my account?


texts: Short-time work for professional football players

texts:
In Germany, a lot of people are currently doing "short-time work" right now which is partly compensated by the state or state-controlled insurances.

I heard that some employees of professional football clubs doing short-time work as well, but I never heard that professional football players were sent into short-time work. I wonder why this is the case because they don't have much to do right now and it would possibly save millions for some clubs.

So, my question: Is it legally possible to use short-time work (as legally defined in Germany) for professional football players?


texts: Do legal documents use the person's current or former legal name when referring to the past?

texts:
Person was named "A" prior to year 2000.
The name was legally changed from "A" to "B" in 2000.

When creating a legal document, is there a standard of how that person will be called when specifically describing past events before 2000? For example,

  In the summer of 1998, A (or B?) did XYZ.

assuming that the lawyer composing the document doesn't do the smart thing and say "Person 'B', formerly known as 'A' before 2000, and hereafter called "Person" in this document" which avoids the issue in the first place.


texts: Which country's employment law is applied in 100% remote work

texts:
The work done is 100% remote in all cases, and the employee does not care at all where the employee does his/her work. For examples sake we can assume that the work in question is programming, although in the real world case it can be a variety of other things too.

The company is located in Ireland. The employees can be located anywhere, though EU area would be the most immediate practical case. The employees might or might not be citizens of the countries they're residents in.

Case A:

The employee is an actual employee (yet the company does not care at all about their physical location). Which country's employment laws apply?

Case B:

The employee is actually not an employee but a contractor with a contract for service with the company. Let's say there's some dispute regarding his/her employment status. Which country's employment laws apply?


texts: Notice of termination of lease after a very short time, when the contract does not allow it

texts:
I arrived in the UK 2 weeks ago. I received a text from my landlord giving me 1 month to leave my studio due to building renovations. I moved in just two weeks ago so he obviously knew it. This is an ATS fixed term, 3 months with no break clause.

When we signed the contract, we also signed a notice requiring possession with end date the end date of the contract (in 3 months). I did not care since I will leave the UK in any case after my three months.

But can he really ask me to leave in a month?


texts: Contract still valid after servicer changed name?

texts:
There is no clause in the contract about transfer of service (or whatever you call it) like if it's still enforceable even after the service has been transferred to someone else.

I had a contract with a company, but that company changed its name. Is my contract still enforceable?


texts: What happens to my employment contract when my employer is acquired?

texts:
This is the point mentioned in my agreement regarding acquisitions, but I cannot understand this clearly. Does this mean I'll be forced to continue my agreement with acquired company, or can I relieve from this agreement and leave my job? I have 1 year of agreement remaining.

  In the event that my employment is transferred by X, to a subsidiary
  or affiliated company,My employment with such company will, for the
  purpose of this agreement, be considered as continued employment by X,
  unless and until I execute an agreement, substantially similar in
  substance to this agreement, then in force in any such company for
  which I become employed.

X is my company name.


texts: I am a Software Engineer with some experience(7 years). In the recent years, I keep hearing and reading in various articles that people with extensive legal AND tech experience are very valuable and searched, as almost nobody has good background in both law and IT(on a tech position, not some fake manager). What I keep failing to understand is what exactly do you do if you are a such individual? How are you so useful if you have some good knowledge of legal and tech affairs? As I became fairly interested in law and legal affairs lately, I am asking about advice if it is worth focusing on this from a career point of view, or if it should stay just an interest?


texts: What provisions should I make regarding GDPR consent when users do not sign themselves up?

texts:
In my business, users are signed up by staff, according to user lists (name, email address only) provided by our clients.

We track user interactions with our site in order to monitor usage and engagement.

Under GDPR, it looks like we should be asking for separate consent for this monitoring, since it is not required to use the service itself. Is this correct? If we write such requirements for consent into our contracts with our clients is this sufficient or do we need to obtain it on an individual basis, e.g. after first login? Obviously we would still provide the ability to opt-out of this tracking via a user's profile.

I guess it boils down to whether we are a controller or a processor for these data. Since only the controller needs to obtain consent, if we are just a processor that makes our life considerably easier.


texts: Can a landlord request personal info after a lease is signed?

texts:
On a rental application, myself and one friend applied as tenants. We also listed my girlfriend as an occupant. The application was accepted and we signed a pretty standard lease (the exact sample lease that can be downloaded from the local county website).

Fast forward one month and we've had a dispute with the landlord (unrelated dispute over our rights to the basement). Following the dispute, my landlord is requesting my girlfriend's SSN, license info, paystubs, rental history etc. I reviewed the lease and realized they wrote my girlfriend in as a tenant, not occupant.. She was very clearly an occupant on the rental application.

Since we signed my girlfriend as a tenant, we decided to provide this info; however, the landlord sent us a new rental application and is demanding my girlfriend fill it out and sign it.

Were we required to provide our landlord with my girlfriend's personal information even though we already signed a lease? If so, can I request that my landlord send us a different form where my girlfriend's signature only signifies the information is correct to the best of her knowledge and doesn't give authorization for the full blown credit check and rental references? We specifically listed my girlfriend as an occupant on the original application to avoid the credit check. We'd prefer to avoid the hard inquiry on her history.

This question boils down to whether a landlord can request additional personal information and run credit checks on tenants after a lease has been signed. We're in Maryland if that helps.


texts: Am I legally responsible for being a developer of a code, if my customer uses it illegally?

texts:
I am from an Europe country, I work online and get orders on freelancer websites.

Few months ago, I had a customer hiring me to do some Bitcoin-related coding, I'm one of their developers for 6-7 months now.

I have already created 2 of their main projects (they have like 7-8). The code I wrote had nothing illegal in itself as far as I understand (basically I wrote a system in which users sign up for my customer's services, and get notifications, deposit addresses etc, and I delivered the source)

Today, I saw some very bad claims about them online, which I'm not sure if true or fake.

But I'm still really worried...

I have only received money for my programming, even lower than usual fee (because I needed the money).

My question is, am I responsible for what they do with my code?

I don't know anymore if their business is legit, should I stop working for them immediately? or I can continue if I'm not sure?

Am I already in trouble?

P.S. I have generalized anxiety issue, and this constant stress doesn't let me sleep, so any help is really appreciated.


texts: What are the benefits of a cohabitation contract in US in no-common law marriage state?

texts:
After a number of years together, an unmarried couple in a no-common-law-marriage state decide to consolidate households.  The apartment renter (say $1000/mo) will move into the other's mortgaged house (say $2000/mo mortgage).

They decide 1) to split the savings, which amounts to the rent on the apartment, thus the non-owner will contribute half of that rent ($500) towards the mortgage/taxes/whathaveyou, 2) split the utilities, and 3) the owner will always be 100% sole owner regardless of developments.

While the owner doesn't want a contract, the non-owner is willing and thinks a contract is a very good idea for the benefit of the owner.

How might a cohabitation contract benefit the non-owner in the event that 1) the relationship ends disagreeably, and 2) the relationship continues but a lawsuit is filed against one or the other by a third party?

(Note corresponding financial question here.)