texts: Does GDPR consent notification apply to access points intended purely for maintenance?

texts:
Suppose I have a publicly available interface, intended to be used exclusively by me or my employees for the purposes of maintenance, e.g. an SSH server.
Since I am processing user's IP address when they make a connection, does GDPR require me to notify the user of such an action in, say a banner shown upon accessing the server?
Additionally, am I obliged to treat possible login attemps and the data entered as personal data?
What if the interface processes user data, but its technology does not necesarily provide for a human-readable interaction, such as an ICMP response?


texts: Is my tenancy invalid if my guarantor doesn't sign the agreement?

texts: I have recently signed a tenancy agreement (England) and have now decided I do not wish to live there. My guarantor has not yet signed their guarantor agreement. Does this make my tenancy agreement void? Also if I do not pay the rent does this make myself or my guarantor liable?


texts: Can someone short a stock if they have information that is likely to cause the stock to drop?

texts:
Suppose company X has a product P. An independent InfoSec expert M found a vulnerability in product P that can turn it into a significant safety hazard. Under the responsible disclosure guideline, M has alerted X of the vulnerability. X disregarded it repeatedly. According to the usual vulnerability disclosure guideline, M should disclose the issue to the general public. This is likely to cause the stock prices of X drop significantly.

Can M short the stocks of X before disclosing this information?


texts: Is any software/product operated under a name a business?

texts: If make an app and publish that I alone operate under a made up name, am I legally a business or an individual?


texts: Can my business be liable if I'm sued personally?

texts: I've seen this questioned asked the opposite way a number of time, but I've not seen it the other way around. Lets say I own a million dollars in real estate in an LLC. If someone has a grievance against me personally, let's say the were attacked by my dog or something and they have a valid case against me personally, can they then go and sue me for the assets in the company I own?


texts: Naming App After Copyrighted Game Characters

texts: I happened to name an app I wrote after a kind of Pokemon, it wasn't on purpose. The app isn't a game and has nothing to do with Pokemon. Am I at risk of being sued for copyright infringement?


texts: Does a broken light in a common area qualify for repair-and-deduct in Texas?

texts:
I have placed two work orders to management at my apartment complex for a light that has been out for over a week in the breezeway of my apartment complex making it really dark at night and a potential for danger and crime.

The light has not yet been repaired, does it qualify for the type of repair and habitability problems that qualify for repair-and-deduct in the state of Texas?

Texas Property Code § 92.056. Landlord Liability and Tenant Remedies;  Notice and Time for Repair

Part 2 says the condition materially affects the physical health or safety of an ordinary tenant;

A light out in the hallway affects the safety of my family and I, we could get robbed, mugged or worse and we literally cannot see a thing. We have to have our cellphone flashlights on to put the key in the door.

(3) the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service;

For part 3 I have not done yet at least, because I typically just put in a work order. I imagine if this went on long enough I would have to send them certified mail regarding this repair?

(4) the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's subsequent notice under Subdivision (3);

What would a reasonable time to repair be? Would it be after sending the certified mail?

What interests me most of all in this section here:

(e) Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may:

(1) terminate the lease;

When exactly can the above step be taken?

And finally this part here:

(g) A lease must contain language in underlined or bold print that informs the tenant of the remedies available under this section and Section 92.0561 .

My lease says I have to give them two written notices before I can terminate the lease.


texts: Is a movie from 1955 completely copyright free?

texts:
I'm wondering if a movie of 1955 is completely copyright free and so if I'm allowed to write and add English subtitles, and distribute it (per download or stream).

It's a Dutch movie and I want it to be accessible with English subtitles for everyone to download and see it. To share about Dutch history and culture in The Netherlands.


texts: As an Iranian, can I sign an Independent contractor agreement, and work remotely for a US company from Iran?

texts: Are there any restrictions for citizens of sanctioned countries to work remotely for US companies?


texts: Insurance - Forced to call for cancellation

texts:
I purchased the insurance cover online, without having to use any phone/landline.
It's now close to expiration, and there's auto-renewal which I have no option to disable. In order to cancel the renewal, I'm forced to call the call center.
One would ask, so what's the problem with this approach?

What if I do not own any mobile/landline device/number?
What if I do not have enough time to wait 30 minutes in the phone queue?
I am forced to effectively "work" for the insurance company by wasting my own time & money.

Is there any consumer protection law stating that if I purchase a service by means A, i should be able to cancel by using at least the same methods (eg: online)?
Update 1:
Jurisdiction: England, United Kingdom.


texts: What are your rights as a father in Arizona?

texts:
Facts regarding the Father:

Acknowledged by court & mother as the biological father
On child's birth certificate
Legally married to the mother

Facts regarding the Mother who is petitioning to bring the child out of state

Mother has previously fled the state, prior to a formal custody agreement (though a text-message exists for an informal agreement)
Mother was told by police officers on a recording that she would need a custody agreement
Mother denied the father all communication with the child
Mother was ordered to return the child to the state
Mother was ordered to respond to emails within 24 hours, among other orders.
Mother has disobeyed these orders, multiple times.

At a previous hearing, the judge said "what about the father's rights?".
What exactly are the rights of the father in Arizona?


texts: It is legal to save and index a copy of any leaked database?

texts:
I'm wondering if it is legal to use a copy of a leaked database like the leaked Adobe database containing email addresses, encrypted passwords and password hints.

I can imagine it won't be legal to use such data for illegal activities like sending spam or trying to login in other services with that credentials. But, what if it's for informational purposes?

In other words: Can I save and index any leaked database that is published on the internet? And let users search inside it to check if their info was leaked?

One example of a site that is already doing this is: https://haveibeenpwned.com


texts: How are the Localbitcoins.com founders safe from money laundering laws?

texts: There are lots of news regarding localbitcoins.com seller arrest against money laundering laws. I know it is seller or buyers responsibilities to follow their local AML laws. But how localbitcoins founders are safe from any prosecution even their website is intentionally used as money laundering hub in different countries? What kind of legal loopholes they uses to avoid any legal action against them? Why countries like usa not just shut down localbitcoins service so nobody abuse their service for money laundering and tax hiding like Germany?


texts: Does a person have legal recourse if a drone is trespassing?

texts:
I have a 10 foot privacy fence around my property. There are no trespassing signs on all four sides. One of the neighbors keeps flying a drone over my yard like they are casing the place.

Do I have any legal rights concerning such invasions?


texts: Website Privacy Policy: Include link to internet host's policy?

texts: Why don't most privacy policies include links to the privacy policy of the company that is hosting the website??  One would think that that given all the data that the host collects, that would be required.


texts: Can a website only publish good reviews?

texts:
My mate was buying a car from AutoTrader UK and heavily relying on reviews in their website. When I mentioned it to a relative of mine who owns a car supermarket he said that to post a review in AutoTrader you need to contact the dealer and ask them for a link. This obviously means only good reviews would go online unless someone is shameless and determined to post a negative review.

Slightly related to this question, but still different- is it OK for a website to only post positive reviews for their sellers?


texts: How to enforce the terms of a warranty when the company won't acknowledge complaints?

texts:
I bought a product back in March, but it stopped working recently. Because it was sold with a 2-year warranty, I emailed the supplier.

After not hearing anything back for over a week, I started looking at social media. It seems that many people are complaining that the customer service for this company abruptly stopped just prior to my first email. Rumour suggests that the company may be experiencing financial difficulties.

I have subsequently attempted to contact them via other means, but they appear to have removed live chat from their website and I cannot find any phone numbers. I have contacted them on social media, but have not had any response.

What are my rights in the UK?

If the supplier resolutely ignores my attempts to contact them, do I have any recourse at all?


texts: Does repudiation by one party in a contract allow the other to also repudiate?

texts:
Suppose a situation with the following sequence of events.

A clause in a contract stipulated obligations on both parties A and B.
Party A failed to fulfil the obligation, and despite multiple opportunities to cure, failed to do so.
Party B subsequently gave final notice to A that if A still does not cure in a reasonable time, B would consider his obligation under the same clause void.
Party A still failed to rectify.

Is B then released from the obligation?
Does B need to further show the dependency of the mutual obligations (that he cannot hold up his side of the bargain without A doing so)?


texts: How does one prove that a sweepstakes winner was chosen randomly?

texts:
From here, it states:

If you are running a sweepstake, you absolutely must choose your winner randomly. Additionally, these people are ineligible to enter:
your family, anyone who lives at your address, any of your employees
or contractors, your sponsor, and your sponsor’s employees or
contractors.

In that case, would there be a legal requirement that a third party inspects and monitors the random selection process?


texts:
Reading the comments to the answer of this question, it seems that the Unlicense presents legal problems in countries like Germany. This is because German law doesn't permit simply waiving all copyright and placing your work into the public domain.

The WTFPL avoids this by going a similar route to more traditional free licenses like MIT, namely explicitly granting all possible rights without actually waiving ownership of copyright. Now, this means it has some problems of its own, for instance the lack of a liability disclaimer. Ignoring that, however, is the license as it stands applicable globally? For instance, can it be used in Germany to allow anyone to use the software for any purpose without fear? If not, what jurisdictions would have a problem with it?

To clarify, by "problem" I mean the law preventing the license from applying as stated, or severely violating its spirit. For instance, it appears that Norway has a law that forces anyone performing CC0 music to pay a few to a government agency, which clearly goes against what the license tried to achieve; Germany, from what I gather, simply doesn't support putting works into public domain, so you could sue someone for using a Unlicense-published work, which goes directly against the license as written.

Here is the full text of the license for easy reference:

DO WHAT THE FUCK YOU WANT TO PUBLIC LICENSE
                    Version 2, December 2004

 Copyright (C) 2004 Sam Hocevar <sam@hocevar.net>

 Everyone is permitted to copy and distribute verbatim or modified
 copies of this license document, and changing it is allowed as long
 as the name is changed.

            DO WHAT THE FUCK YOU WANT TO PUBLIC LICENSE
   TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

  0. You just DO WHAT THE FUCK YOU WANT TO.


texts: GDPR Compliance - does it extend to database backups and archived records?

texts: How do the rules for GDPR affect database backups or archived data?As a company, you might have backups/archived data going back years. Based on the rules, when an individual invokes "forget me", it means the company must delete all data related to the individual. Does this relate to backups as well? Are you supposed to restore the backups and delete all records pertaining to the individual? Or when the individual demands all records related to him, are you supposed to retrieve all archived records as well?


texts: Can humming a bar of music be considered copyright infringement?

texts:
I recently saw a tweet claiming a video got a DMCA claim based on humming a part of a song.
Can uploading a (monetized) video of humming a bar or two of copyrighted music be considered as copyright infringement, or is it fair use?


texts: What is the legal mechanism by which the GDPR might apply to a business with no presence in the EU?

texts:
My family has a small side business selling some things through the internet.  As far as I know, we aren't likely to have any customers who are EU citizens, but it's certainly not outside the realm of possibility, and I wouldn't be opposed to shipping to the EU if I got an order from someone in an EU country.

However, in reading about the GDPR, I have mostly seen what appears to me to be bare assertion of the GDPR's global applicability to any business, anywhere, who transacts with an EU citizen.

My business only has a presence in the US.  I am not a citizen of the EU, I'm not represented in any legislative body in an EU nation, neither am I represented in the European Parliament.  I am not a subject of the EU in any way, shape or form.  Why would the EU expect that any of its laws would apply to my business?

More importantly, regardless of what the EU regulators think, how could they possibly enforce any of it against me?


texts: Am I allowed to kill a person threatening me? CA, USA

texts: You are riding a public transit train and out of nowhere a man with blue jeans takes out a P99 semiautomatic pistol and takes the passengers hostage. Luckily you have a knife on you. But you don't know whether it is legal to kill a person under such circumstances. Hence the question: is it legal to kill the man who is threatening your life, and the lives of countless others? Context is California, USA.


texts: Can a U.S. non-profit only be created by members of which a majority are U.S. citizens?

texts:
This question is about creating a non-profit with (for now) just myself as a board member.

Information at the IRS website for registering a non-profit corporation includes this page with suggested language for the AoI ("Articles of Incorporation").

The first paragraph in the provided example AoI says:

  Articles of Incorporation of ____. The undersigned, a majority of
  whom are citizens of the United States, desiring to form a
  Non-Profit Corporation under the Non-Profit Corporation Law

  (emphasis added)

I wanted to start a 501(c)(3) non-profit that can accept contributions for supporting causes that I care about. I live in USA but I am currently not a U.S. citizen but a 'green card' holder.

I know that I am able to register a corporation (such as LLC) in the State I live in.

What I am uncertain about in this case, because of that sample text, are the federal requirements for registering the corporation as a non-profit.

In order to be able to register as a non-profit, do I need to be a U.S. citizen?


texts: The circumvention of terms and conditions

texts: There are sites, for example 'moodys.com', which require an explicit agreement to the terms and conditions on every vist (e.g. https://www.moodys.com/research/Moodys-affirms-Chang-Hwa-Commercial-Banks-ratings-outlook-stable--PR_394007 .) I understand that if you click 'I Agree', that is legally binding. But I don't have to click I agree, instead it is possible to just go into your browsers developer tools, and just remove that popup from the screen, and continue to browse normally. Does this then exempt me from their terms and conditions - which I never read or agreed to? Is this a violation of some sort? I don't know how it could be because you're just changing what is locally displayed on your machine, if I were to screenshot the page and whiteout the terms and conditions that wouldn't be illegal would it? Is that not the same here? Most importantly though does that process exempt you from their T&Cs, sorry for the longwindedness.


texts: In addition to base pay, what other payment in lieu of benefits must employer provide?

texts: I may be confused about this. In Canada, in addition to the hourly rate, must an employer pay any additional fees, like vacation pay? I know one place I work paid 4% of base rate in lieu of vacation. Is this required by law? Are there any other additional pays like this that are required by law?


texts: Can police officers practice law like lawyers (defence attorney, prosecution) and judges?

texts: I was reading an old NYT Article, and it suggested that there is value in that police officers who are cross-trained as lawyers. Although rare, the article suggested that most who go through this route are retained as in-house counsel rather than practicing lawyers and judges. So I ask, can these police-lawyers ultimately practice law in the sense that they have the powers to investigate, arrest, try, and (if possible) judge?


texts: Import Tax - "made in China" versus "made in Taiwan"

texts:
Is there any reason for tax purposes a company would stamp made in Taiwan, when the products are actually made in China?

Do you pay less tax or VAT when you import them in to the UK?

They might do it because it sounds better to the consumer, but I don't think that would be the only reason.


texts: Is it legal to display images found using public APIs on my website?

texts:
Good day, everyone!

I have a website about tourist attraction all around the world and we use automatic geolocation based searches in Flickr/Panoramio/Foursquare/500px photo bases using their public APIs. To filter out private data we use mandatory parameter "public only".

So, the question is: is it legal to display such search results on our pages or not? Say, in accordance with the terms of Flickr (http://www.flickr.com/services/api/tos/) and Panoramio (http://www.panoramio.com/api/data/terms.html) API usage -- any person or company that uses its API can use the images found by it in non-commercial goal while linking back to Flickr/Panoramio.

If your answer is "no" than why and how do Google, Yahoo and other search engines display search results in services like Google Images? Facebook and other social networks displays such images in Share posts?

Thank you for any information!


texts: Can I hide my face from facial recognition and be fined for it?

texts: I've been reading about the up and coming use of facial recognition by London's Metropolitian police service. I am aware there is no law against using facial recognition, but I am asking if there is any civil rights/protection that can protect me if I am asked to show my face to one of these cameras by police, as I have seen this video which suggests that someone that hides their face can be fined. Is this the case?


texts: Am I violating copyright by sharing photos of pages of books I read or quoting them?

texts:
I read a lot of books, and when I come across an interesting part, I take a photo and share it on my social media.
I also do book reviews on my blog which always includes some paragraphs from the book I'm writing about.
I also always do mention the name, and the author of the book in both cases.
Am I violating the copyright law?
Thanks


texts:
So I just got stumped in small claims court today.

Judge was lovely a very nice person so I can't even blame her kick around and pout as apparently I was unable to prove any damages.

So backstory, I had some water proofing work done where they tore out an old drain and installed a new drain except this water noticeably worse resulting in water coming up onto the floor. Months later after constantly asking them to fix it I took them to court just touting the contract price.

What exactly would be claimable or need to be proved in this instance if not the contract? Would I need to claim the basement as ruined?


texts:
In a comment to another question, the following law text was quoted: "Every person convicted of a gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of up to three hundred sixty-four days, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine."

Is there, in the USA, some significant difference between 364 days in jail and say 367 days, other than the three days? Or is there a different reason for this strange number?


texts: In English Construction Law, does a domestic client have a right to adjudication if the agreed form of contract provides for it

texts:
This is a specific question about English Construction Law.

Domestic client
JCT ICD Contract (with provisions for adjudication)

Although I may have misconstrued the point, I've read somewhere that domestic clients don't have a right to adjudication. But surely they do if the contract says they do ?!?!

EDIT:

In the specific example which prompted the question, having reached practical completion the Employer has taken possession and so is now 'resident owner' - but they lived elsewhere at the time the JCT Intermediate Contract was let, having purchased the property shortly before instructing the works. So, it's not (what I would understand by the term) 'a resident owner contract', and the Employer wasn't 'a resident owner' when the contract began.

Does that have any bearing on the matter?


texts: How much does the President have to take the Senate's appointment "advice?"

texts:
Article II, Section 2, of the US Constitution (emphasis added) states:

  [The President] by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law[.]

Suppose the Senate were to pass a resolution advising the President to appoint a strict "originalist" who has been a long-time member and avid supporter of the Republican Party.  To what extent must the President heed this advice?

Taken further, does this mean the Senate can specifically identify who an appointee shall be?


texts: What's the next step if a debt collector doesn't respond to my debt dispute?

texts: A month ago I received a debt collection letter about an alleged unpaid tax bill. I did not recognize the bill, and had definitely never heard of it before this, so I sent them a letter within a few days disputing the debt. I sent it certified and got the return receipt, so I know they received it, but they never responded. Yesterday I got another letter asking for the same debt, now with interest, and threatening to garnish my wages. I know they were legally required to respond to my original dispute, but I'm not sure what the next step is now that they haven't.


texts: Famous case involving stacking the deck in a standards body

texts:
When I first got involved in telecommunications standards back in the 1980's, some standards old-timers gave me an old case to read about one company stacking the deck in standards for steam boilers (I think). As I remember it (30+ years later, so probably incorrectly) the company hired a bunch of independent consultants  to represent their position without the consultants admitting they were paid to do so. So one company controlled the majority of the votes. The stacked deck passed a shoddy standard and people ended up dying and a lawsuit was decided against the company that stacked the deck. Note I'm an engineer, not a lawyer, and was given the case to point out you should always declare who is paying you to avoid being liable like the boiler company was. I'm looking for the case to pass on to some others.

My question is - what was the case? who was the boiler company? What year?


texts: Why do cops make up funny stories when detaining people?

texts:
In case cops are decent human beings, and these answers are true and the nature of their stop just does not allow them to truthfully tell their victims the reason for the stop, why do they make up funny stories about it like:

In Texas: "What if you fall and die, we need to know who to send the body to"

In Oklahoma: bicycles need to have same speed as the cars

In Florida: "Someone called us saying that you may need help because you are riding your bike and it is so hot out here. (I am fine, can I leave?) No. Now that I made contact with you I have to ask for your ID. (Why?) Just to make sure you don't have an arrest warrant",

In Skokie IL: "You look suspicious for you are jogging without jogging pants" (I was wearing casual wranglers pants)

..and many more

Are they actually required by law to tell the detainee "a" reason? Why do they not just say "Sorry, but I can not tell you what the reason is"?


texts: Legality in earning a money tip for searching some files in the Internet

texts: I am interested in knowing if it would be legal to earn a money tip from people that wanted me to search some files in the Internet (books, series, movies, etc.). My question refers to the action of giving to them the URL (not the file itself) where they can find it/them. This link could be non-explicit, simply containing the domain where the file/s can be found.


texts:
When I connect to my LinkedIn's account from China, LinkedIn displays the following message:

You must provide a mobile number as primary and confirm receipt of our text. Due to local law, we must confirm your identity before you use our Services.

The learn more button indicates:

In some countries, local laws require that we confirm your identity before letting you engage with our Services. You must provide a mobile number and confirm receipt of our text. This phone number will be associated with your account and is accessible from your settings. If you choose to change or delete your confirmed mobile number your ability to access our Services in certain countries (e.g. China) will be blocked until you once again confirm your identity.
You may receive account alerts, messages from recruiters, connection requests and other engagement SMS. You can change preferences at anytime.
If you want to change the bound phone number later, you can go to “Settings”-“Phone Numbers”-“Add Telephone Number”.
If you want to close your account, you can bind your phone number first and then go to “Settings”-“Close Account”.
Thank you for your understanding and support. If you have any questions during the process of binding your account to your phone number, please contact our Customer Services 400-010-6277.

Which law in China obliges LinkedIn users to confirm their identity before using LinkedIn services?

Screenshot of https://www.linkedin.com/check/china/add-phone:


texts: Is this privacy statement from a solicitors in line with GDPR?

texts:
I'm in the process of buying a house and have paid for a survey to be done on the property.
I have received a contract from the solicitor who will be conducting the survey for me and will provide me with a report of the findings. I found something interesting in regards to how they will use my personal information. The contract states:

  We will use the personal information you provided to us:
  - To supply the report to you
  - to process any payment for the report; and
  - If you agree to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

My question is focusing on the third bullet point. It's hard to decipher because I don't think the sentence makes sense anyway (copied exactly how the letter says), and it's possible there is a typo in there, but it sounds like they are saying I will have to opt out of their marketing, rather than opting in like the new GDPR law states.

At the back there is also a check list of things you agree to, such as I have read and understood the guide, understood that I cannot cancel my contract after the 'cooling period', and "I agree to the privacy terms stated above". There is no mention of marketing.
Would that mean that I am agreeing to marketing, as per the third bullet point?
There is no tick box for "I do not wish to be added to your marketing".

Should I contact the company and request a new contract?
I am in the UK.


texts: What happens if I shoot a police officer in self-defense during a SWAT raid?

texts:
No-knock SWAT raids are very popular, especially in the US. But how do you know that the heavily armed persons are policemen? Isn't it very easy to mistake them for robbers? What if I try to defend myself and my family and start shooting, killing one of them in a believed act of self-defense? You could recognise them by the label on their uniform that says "SWAT", but this is not a valid indicator. Anyone could wear something like this. The only real way to identify the "intruders" as lawful police officers is their badge, but this won't help.
What would happen to me if something like this happened? Are there any special legislations considering this topic?


texts: Interpretation of content ownership/usage in service provider agreement

texts:
I'm interested in using Firebase. Their terms of service states in section 3.2 that:

  You hereby grant Company an irrevocable, non-exclusive, royalty-free, transferable license, with rights to sublicense, to use, reproduce, modify, display, perform and create derivative works of the Applications, the Content and the Brand Features and Marks for the sole purpose of allowing the Company to provide the Company Software and the Services to You.

For me it is very important that the content I would put into my Firebase database would remain mine and that it would only be used by/accessible to those that I explicitly grant access.

The license agreement says that I would grant Firebase the right to use the content (which is something I do not wish to agree to), but on the other hand it also says that Firebase is only granted to do so for the sole purpose of providing the service to me.

I'm confused by this and would appreciate any help on interpreting what the agreement really says about the content I would store in/access through their service.

Update

I've asked for a clarification directly from Firebase. Their answer does not make things much more clear though:

  I would consult legal counsel to determine what effects this would have on your application, as we aren’t able to provide legal guidance specific to your product. That said, these types of terms are fairly standard across SaaS vendors.

As far as I can tell they're essentially saying that I'll need legal guidance to determine what kind of rights Firebase are granted on my content as controlled by section 3.2.

Are they allowed to do pretty much anything with my content after I've stored it inside a Firebase database?

Could anyone give a definite answer to this? Or maybe it is impossible to give such an answer? (in which case it would effectively be impossible to agree to the license terms for anyone that cares about privacy and content protection rights!?)


texts: Does a politician’s promise to "overthrow" the current system and replace it with a “Socialist World” rise to treason?

texts:
18 USC §2381 Treason.
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.

18 USC §2383 Rebellion or insurrection.
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.

In light of Seattle City Councilmember Kshama Sawant's recent speech given on 7/7/20 (see 2:33:00 to 2:34:04)

"For those watching from outside Seattle, don't let anyone tell you in your fight to tax big business in your city that you're being divisive, because class struggle is what gets the goods. The private, for profit housing market has utterly failed working people. Not just here and now, but everywhere and always. Because capitalism is completely incapable of meeting the most basic needs of working people.
Internationally, the working class needs to take the top 500 corporations into democratic public ownership, run by workers, in the interest of human need and the environment, not billionaire greed.
I have a message for Jeff Bezos and his class. If you attempt again to overturn the Amazon tax, working people will go all out in the thousands to defeat you.
And we will not stop there. Because you see, we are fighting for far more than this tax. We are preparing the ground for a different kind of society. And if you, Jeff Bezos, want to drive that process forward, by lashing out against us, in our modest demands, then so be it. Because we are coming for you and your rotten system. We are coming to dismantle this deeply oppressive, racist, sexist, violent, utterly bankrupt system of capitalism. This police state. We can not, and will not, stop until we overthrow it and replace it with a world based instead on solidarity, genuine democracy, and equality. A socialist world. Thank you.
(Transcribed from given link)

Do her words, especially "we cannot or will not stop" until we "dismantle," "overthrow," and "replace" this "police state" with a "Socialist World" rise to the level of violating 18 USC §2381 and/or 18 USC §2383?


texts:
We have been presented with a proposed license agreement that claims that connecting to our organization's WiFi network constitutes consent for them to perform surveillance and install spyware on our personal devices.

It is problematic both because it could affect our ability to do our jobs, and also because some of our locations are in dead zones and some people have an important reason to keep in touch with family/others.

Is this enforceable? Can I revoke the consent? What does consent even mean if I don't really have control over it? I know we could just not use the WiFi, but this would be very problematic under the circumstances.


texts:
An answer to a question on MedicalSciences.SE prompts my question. Suppose I live in Wisconsin and I fly to Texas to undergo a procedure with a specialist there (I chose the states arbitrarily; I'm not asking about state-specific laws).

So I have my procedure and fly back home. This procedure requires medications and months of follow-up care, which means I'll be receiving instructions from the Texas doctor and his staff, refills on prescriptions, and so forth. These interactions are all via phone or email while I remain physically in the state of Wisconsin.

I'm fairly sure all these interactions would be considered "practicing medicine" under the law. However, the Texas doctor is not licensed to practice medicine in the state of Wisconsin; and yet, that's exactly what he's doing.

How does the law view this? Do state laws typically make a specific exception for an ongoing doctor/patient relationship or is this covered only by case law? If it's based on case law, a citation would be a nice addition to an answer. Bonus points for adding how it would work if the specialist was in Europe instead of Texas.


texts: Notifying to leave a job during Christmas season in UK

texts: I am working in one of UK companies as an employee. I have one and half week holiday during Christmas period, it includes bank holidays and my personal holidays. My notification period is one week as well. Will it will be right to give then notification last working day of the year and, so all following week will be my holiday and bank holidays. Effectively I would not come back to work. Will it be considered proper notification?


texts: How to find the angle between Mickey Mouse's ears as specified in an official trademark?

texts:
The Walt Disney character Mickey Mouse's two ears sit on top of his head in such a way that the silhouette looks a bit like a water molecule, with the head as the oxygen atom and the two ears as the hydrogens.

To take the comparison further, I wanted to find the original trademark filed by Disney, or subsequent filings and look to see if there is either an angle specified (and size ratio between the head and the ear) or at least an official artwork specimen which I could analyze.

I've found the post Mickey’s Headed to the Public Domain! But Will He Go Quietly? which lists several filings, including TM Reg. 3750188, 0315056, 1152389, 3036883, 3006350, and 3598848 but likely some of these are not Mickey Mouse.

I don't know how to check those. When I try google patents for example, I can't find a way to see trademarks, which of course is not a surprise.

How can I find the angle between Mickey Mouse's ears as specified in an official trademark filing? If nothing helpful exists, what would be the next closest thing to it?

Source  Source

I've also found Anticipate This!™ | Patent and Trademark Law Blog's 90th Anniversary of Mickey Mouse’s First Appearance on Steamboat Willie. though I'm not sure it offers a proper view for measuring the angle:

Also this presentation, which does not seem overly helpful: Deadmau5 Trademark Infringement Case


texts: Offense that was expunged still showing up

texts:
A friend of mine (yes, I'm aware of how that sounds, but it's true) had a felony expunged from his record 10 years ago. Recently when getting screened for a job it showed up and now his job is at risk. How is this possible?

And are there any legal actions that can be taken to prevent it from happening again?


texts:
Do user-generated content and votes count as personal data under the  General Data Protection Regulation (GDPR)?

For example, on Stack Exchange, do the questions, answers, comments, messages and votes count as personal data?


texts: Does the CEO of a company have any legal responsibility to act in the interests of its shareholders?

texts:
Does US law include anything that places a burden of responsibility on a company's CEO to act in the interests of its shareholders, even if the CEO owns a majority share in the company?
Let's say, as extreme example, I'm the 51% owner & CEO and the board representing 49% of the company's shareholders has an issue with me giving 100% of the company's assets away to charity - do they have any legal recourse?
I'm interested in any relevant US code or legal precedent.


texts: How to deal with a cheque fraud in my Westpac (Australian Bank) account?

texts:
I sold bitcoins worth of $9500 to a person who told me that he made cheque deposit to my account by using SMART ATM of Westpac bank. When I logged into my Westpac, it was showing that $9500 was pending. Normally Westpac shows every other deposits as pending at first and then eventually clears fund within 2/3 business days.

So I released the bitcoins to that guy. Later, Bank manager called me and said they could not find the cheque anywhere in deposit machine and asked me to provide more information. I asked them if cheque was not found or validated, why would you show it in my transaction history. I have a screenshot of that as well.

Later, I understood it was probably a cheque fraud. Was there any faults by Bank? I think the scammer actually fooled the bank machine? Can I claim my money back from Westpac or file a case against them?


texts: What is the most effective way to contest poorly enforced speed restrictions?

texts:
I live in a fairly desirable area with one drawback: my apartment overlooks a multi-lane restricted access parkway. I'd prefer not to say more for privacy reasons. Until recently, it's been only a minor annoyance.

But since things have been locked down due to the coronavirus outbreak, I've been spending a lot more time at home, and the traffic on the parkway has gotten lighter, meaning that at least anecdotally speeds have increased. The result is a huge increase in infrasound. It's like my whole apartment is shaking all day.

I'm obviously not expecting the state to shut down traffic on the road completely for my comfort. It does seem like a reasonable expectation that the people driving on a roadway should get at least close to the legal speed limit, however. The posted speed on the road is 30 miles per hour, while drivers routinely flout this going 60 or 70 miles per hour.

I've already tried writing to my city government, who referred me to a state agency who hasn't written back. I've also contacted the person who represents me in my state legislature. His office too has not written back to me.

What's the most effective way to get my argument to a decision maker? Would I be better served addressing this complaint to the police department with jurisdiction over the roadway? Would I be better served organizing my neighbors and then returning to my state legislator with more of a coalition?

(I live in Boston, Massachusetts.)


texts: Can Hollywood discriminate on the race of their actors?

texts:
Under the Civil Rights Act of 1964 and later addenda, employers in the US "cannot discriminate" on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, and genetic information. However, the quotes are there because there are a number of cases that cast a murky fog over this otherwise straightforward principle.
If an employer is hiring for a customer service agent who needs to be able to communicate with Latino customers, the employer can require the agent to speak Spanish, but cannot require Latino heritage. Similarly, a position for a chef at an Indian restaurant can require extensive experience with Indian cooking, but the manager cannot legally discriminate against a white chef who trained in Indian cuisine.
Hollywood gets an even more subtle trick in the toolbag. Because the ability to perform the job of an actor is naturally tied to appearance, specific visual features can be required of a candidate, even racial features ("must be black in appearance").
Recently, a trend has emerged of replacing actors whose race does not match that of their character with race-matched actors. This does present a brand new question to the law. Given that the public now expects black characters to be played by black actors, asian characters to be played by asian actors, and so on, it could easily be argued that the fundamental requirements of the job now include being of a specific race, rather than simply having an appearance indicative of that race.
Given this, were a casting director casting a Latino character, and were a southern European or Middle Eastern actor with a Latino appearance but no Latino heritage to make it to the final steps of the casting process before being revealed to be non-Latino and rejected, would this be in violation of the law?


texts: What establishes the U.S. as a common law country?

texts: Its well known that the U.S. is a common law country, but I'm not sure if that's codified anywhere (like the U.S. constitution) or if just happened organically because that's the way its always been.  Is there anywhere officially establishing common law in the U.S., or is common law a precedent in and of itself?


texts: Can a company refuse my redundancy payment because they changed their mind?

texts:
I got made redundant a little while ago and managed to find a new job reasonably quickly. However, before I left the old job they changed their mind about making me redundant and asked me to stay. I refused as the new job was a much better package and they wouldn't match it. As a consequence they then refused to pay me my redundancy money as they said it was my decision to leave.

Would I stand a decent chance of winning if I took them to court to get my money?


texts: How can you block GDPR users from US based sites?

texts:
(I originally asked this question on Server Fault with GDPR tag, but due to minimal response was advised to try asking here)
As I understand it, GDPR is European legislation promoted as protecting EU citizen's privacy and granting EU citizens rights to control how websites use data/whether the websites can store said data.
My initial impression of GDPR is that if an EU citizen wants GDPR rights, they should only use servers residing in the EU which would be subject to GDPR legislation.
However, there apparently is some notion that EU legislation can somehow affect servers outside of the EU? I'm not a lawyer, but I would expect that each nation defines and enforces their own laws -- which may or may not be in alignment with another nation's legislation. How is GDPR even applicable to servers residing in the US (or any other non-EU nation)?
Based on several articles I've read online, it seems somehow the US allows EU's GDPR legislation to be enforced on US soil.
Since I don't want to deal with GDPR headaches, I seemingly have no choice but to block ALL EU citizens (and anyone else accessing my sites/services from within the EU) from using my websites and services. I can firewall the entire EU IP address space to catch the bulk of EU users, but there are EU citizens who could use VPN or otherwise access my site from an non-EU ISP.
Is there a legal approach that can be used to block EU citizens? E.g. "Accessing this site or service as an EU resident is illegal" such that if one violated the legal directive, GDPR expectation would be void? I don't care if they use my websites and services as long as they understand I'm not playing the GDPR game and anything they submit to my servers won't be subject to it.


texts: Does owning more than 50% of a company give you full rights to it?

texts:
Let's say company A has 100 equal shareholders (company worth $100 million).

B is a competitor.

B wants to buy A for $60 million

A (obviously) refuses.

B buys 51 shares of A for $51 million.

B appoints it's CEO as CEO.

A's other 49 shareholders protest.

B's shareholders insist on a vote.

B wins 51 to 49.

A's new CEO signs away all the company property to B (for a great low price of $9 million).

A's 49 shareholders protest

B insist on a vote and wins.

A is worthless.

Even if such a blatant plot seems unethical, one can implement this in a more stealth manner (proxy companies, B's CEO making "strategic" sales).

Are there any legal protections for A's shareholders?


texts: How to register a descriptive European trademark?

texts:
The trademark "TEXT TO BUY" is descriptive and non distinctive trademark. It is descriptive for an obvious reason: it exactly describes the service it is a trademark for. It is a service "to buy" and it works by texting something.

Moreover, it is non distinctive as well. Even in 2003, people already bought things (ringtones for instance) by texting a message.

This trademark is registered as a European trademark.

So how to register such a trademark that is descriptive and non distinctive? The OHIM website is unclear about how to do this. It just says that for registration it should not be descriptive and needs to be distinctive.

That is not the question. Trademarks such as "TEXT TO BUY" can be registered and are registred. It is not clear how to do that since the possibilities to register a trademark are only described for distinctive and non descriptive trademarks.


texts: What is the maximum number of times someone could be tried for a single crime in the USA?

texts:
So I know that, despite double jeopardy, it's possible to be tried twice for the same crime, by the state and the federal government.
Purely as an act of curiosity I'm wondering how many times one could end up on trial for a single crime due to the distinction of courts, assuming for some reason every court attempted to prosecute.  I know that is extremely unlikely, but for the sake of demonstrating a point lets say that everyone who has jurisdiction insists on filling charges.
As I see it if someone from state A shoots someone from state B inside of state C he could be tried by all three states, plus the federal government; for a total of four times.
He could also be sued for damages in civil court, possible in all three states?  So as many as 7 times if you count civil court as being 'tried'.
Are there any other situations/ways that could lead to a larger number of trials for any one crime?


texts: Employer took bond and blank dated cheque. Is this legal in India?

texts:
Suppose someone in India accepts a job with a software company, selected from on-campus placement.

The company did not disclose the agreement to be signed before the first day of employment, when they asked the employee to submit a blank dated cheque of INR 100,000 and a bond (on 100 INR stamp paper) which states that the employee would be under training of 6 months and thereafter would have to work for the next 18 months. But after joining, there was no training of any type and the employee simply worked as a proper employee. They didn't spend even a single penny for training.

They are kind of exploiting the employee to work on their live projects and it is really tough for the employee to handle it. After six months, the employee has decided to leave the company. The employee has talked to the CEO, and he is saying that they can take legal actions against the employee.

What can the company do regarding the bond and cheque? Can the employee be jailed if the cheque bounces? Or can the company file a complaint against the employee? What actions can the company take against the employee? And what can the employee do in his favor?


texts: Can you be sued for using someone else's last name in app?

texts:
We are looking to create an app that contains someones last name in the title, as well as some data created by him.

The data is public for anyone to use in the form of spreadsheets, the goal of the app is simply to make it easier to use. The reason the last name is in the title is because the data is named after him.

We're wondering if we could be sued for this? They have their own app, but we feel it's missing a lot of features. They are on another continent, though I doubt that matters.

I have searched copyright and trademark databases and they come back with no results, but again not sure if that matters.


texts: At the season finale of Better Call Saul: Season 2. Chuck records Jimmy admitting to committing a felony. The recording was obtained without Jimmy's permission (the tape recorder was hidden). Wouldn't this recording be inadmissible in court as it violates the wire tap law?


texts: Are Indian police allowed by law to slap citizens?

texts: I have seen a few instances where the Indian police slap citizens as a fast punishment. Is that explicitly allowed by law, or just tolerated in practice?


texts: My job has refused to process direct deposits for the employees at my current store. Other locations have gotten their direct deposits with no issue. It's been months and I've reached out to my manager and payroll but nothing has changed. Is this a form of discrimination? What are my legal options?


texts: Can I sue E-ZPass for excessive charges?

texts: I don't have an E-ZPass account, so during the beginning of Covid19 the state of NJ or E-ZPass decided to suspend Toll collection. Every day I drove one exit north to get to work, each way was a dollar charge. At the end of a 5 day work week 10 mailed invoices would be mailed... what a waist. Anyway some of those invoices came to my mail box late, just over 30 days, turning some of those $1 toll charges into $52.00 now totaling $781.00!! All within in a 60 day period... Do I have a case?


texts: Clarification on Property Register covenant

texts:
I'm trying to understand the following covenant set out in a Property Register title plan:

Not at any time to erect or add to any building or structure or to
execute any works including without prejudice to the generality of the
foregoing the alteration of ground levels or the making of excavations
or the laying or construction of drainage or the positioning of any
crane or machinery) on the property or any part thereof or to permit or
suffer the erection of or addition to any building or structure or the
execution of such works

Would this effectively mean that no changes or additions can be made to the plot if it requires any groundworks of any kind? Examples include extensions, garage bases and workshops.


texts:
I work for a cafe in Southern California. Recently a guest purchased five mimosa cocktails over an hour time period, three of which were ordered within 20 minutes. The guest was by themselves the entire time so I have no reason to believe they were sharing the drinks with a friend.

When I approached my management on cutting off the guest they simply returned with a "They're fine". However, according to our alcohol training, we know this to be incorrect. Furthermore, several of the drinks were poured by a minor.

How and to whom should I go about reporting this?


texts:
I have a workmanship issue regarding vinyl siding installed on my home which the contractor refuses to address. We’ve had several email exchanges. Can I publish his email replies?

I’d like to include those replies in my reviews (Yelp, etc.).


texts: Can I be held legally responsible for not burying a person as specified in their will, if there are not enough funds in the estate?


texts: How to avoid image copyright infringement

texts:
I am making a website for a client who has a store and is trying to sell their products on the web now. I told the client that they would need to provide me with images of all of their products and instead, they directed me to the websites that sell the same items and told me to use their images instead.

I explained that we would need to at least provide a shoutout to the website for using their images but the client does not want this.

Do I need to be worried about using another web site's images when I am simply the builder of the web site who is not gaining any personal benefit besides being able to use the web site as part of my portfolio?


texts: Are there any legal restrictions to practicing law over video conference like there is with medicine?

texts: For example in medicine, you have requirements in many states for what constitutes a valid patient / client relationship and that this requires some in-person visits etc. does something exist like this in the legal profession?


texts: Can i use brand logos on a website template I'm going to be selling?

texts:
I'm working on a website template that I intend to sell on a marketplace where people can buy and sell templates (i.e. ThemeForest).

I'd like this template to have a "Featured In" section where I'd like to put some logos from publishers (i.e. NYTimes, TechCrunch).
These wouldn't be actual logos people who would buy my template would keep - they'd be just placeholders.

Is this something I can legally do?

To give you a 100% clear idea, here's an example from Slack.com:


texts: Is the requirement to have any type of degree or certain amount of years worked discriminatory?

texts:
I am mostly curious about qualified candidates that cannot prove their skill, because they cannot get it to the interview.
I'm a developer, but the question is not focused on IT. I've had two cases to be curious about this topic.
One time I got a refusal to attend an interview from a recruiter, because I had 2.5 years' of experience with certain technology, but they searched for somebody with 3+ years. But in my opinion it does not even qualify the skill in that particular field, because one can work on side-project for 4 hours a week for 5 years with that technology: that is far less experience in comparison to somebody, who worked a full-time job, plus a part-time job, plus some courses for 2 years.
Another case is I was refused an interview was because I haven't got a bachelor's degree. But on the other side, I have almost 4 years of employment in industry and chances are my qualification would probably suit the position.
My guess is that some positions require a certain type of degree by law, but is it the case for all positions and does it even happens often?
I'm residing in Ukraine and these were Ukrainian companies, but it is generally interesting about laws for such cases in different countries.


texts: Can I keep downloaded Google Play musics even after I cancel my monthly subscription

texts:
After I cancel my Google Play Music monthly subscription, I wonder if I can keep/listen to previously downloaded music files from Google Play.

I take a look at Google Play terms of service section 5 and section 7, but it looks like spaghetti to me.


texts: Legally, in the U.S. (NY, NJ, FLA), what determines the difference between a THREAT and NEGOTIATING, for either side?

texts:
I have been told that lawyers who are "negotiating" a settlement (or similar) have quite a bit of leeway when doing so as far as not being legally held to certain things they may say or offer during the "negotiation." What draws the line legally for the lawyer or the other party?

For sake of this discussion assume all of the below is during a period of both sides trying to settle. One party is the lawyer and one party is a civilian:

If one party were to say "I would like to settle this without litigation but if we have to file a complaint/litigate there is a good chance my complaint will contain information/damages related to:"

the time you were paid off the books, avoiding taxes
the time you were encouraged to perform an illicit/illegal act
purposeful misclassification of employment status, which is a felony

or other similar items. What are threats vs. what are "negotiating tactics?"


texts:
OK. So, it is a 'given' ..!  No rule exist to state that someone dismissed, temporarily until an appeal is made does not receive papers filed in the case.  So, when the appeal is filed if the dismissed party(s) want to know what has happened concerning their co-conspirators ... they will have to catchup on their own.

These defendants would obviously be sent the notice of appeal - but would the notice be sent to their home or their last known attorney of "record"?

Are these 'dismissed' defendants "removed" from the style of the complaint?

If the dismissed defendants are removed from the style of the complaint are they later added back when an appeal is perfected?

I appreciate the answers.  It would be nice however, if the rules were in a book form.

I realize that this question has 3 questions but they are related.
thank you


texts: If a car breaks down in the drive thru lane of a fast food place, would the driver be liable for lost business?

texts: If a car breaks down in the drive thru lane of a fast food place, would the driver be liable for lost business while waiting for a tow truck?


texts: How does personal drug possession affect interstate commerce?

texts:
According to the Controlled Substance Act:

  § 801. Congressional findings and declarations: controlled substances....

  ...(3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because -

  (A) after manufacture, many controlled substances are transported in interstate commerce,

  (B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and

  (C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession.

  (4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances.

  (5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate.

  (6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents of such traffic.

  (7) The United States is a party to the Single Convention on Narcotic Drugs, 1961, and other international conventions designed to establish effective control over international and domestic traffic in controlled substances.

From what I understand, this means that because of the Commerce Clause of the Constitution, which grants Congress the power:

  To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.

...Controlled Substances may not be exchanged through interstate commerce. Also, because it is impossible to determine whether drugs produced for intrastate commerce are also crossing state lines, then:

  (5)...it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate.

  (6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents of such traffic.

Therefore, no intrastate commerce is allowed. However, I don't understand how possession or manufacturing of drugs for personal consumption is covered in the Commerce Clause.

For example, let's say I wish to grow one cannabis plant for personal consumption. In what way does this affect the cannabis market in other states so that Congress has the power to prohibit it?


texts: What kind of lawyer should I speak with about getting out of a lease on the basis of breach of contract?

texts: The apartment complex I’m renting from are shirking their obligations to me by blaming the issues on me.  Can I get out of these lease without paying the fee for early lease breaking?


texts: How does [arbitrary attorney] have standing?

texts:
As I understand it, Judge Sullivan has a conflict with the executive branch and appointed an attorney to plead his case. But how can one delegate power one doesn’t have? Either the power is delegated and this is a member of the judicial branch challenging the executive branch’s use of its authority or it is not a delegation, in which case it is a random attorney with a general grievance.
If a random attorney at the direction of a judge has standing to challenge actions within executive branch jurisdiction, why didn’t a judge prosecute the banks guilty of criminal fraud leading to the 2008 financial crisis when Obama ordered the DOJ to not prosecute?
Edit: Just realized a third option, that there exists, as in Superman comics, an unelected bizarro executive branch that can be summoned by the judiciary to battle the elected executive branch for supremacy and the one who determines the winner is... the judicial branch.
Edit 2: (In response to people claiming that this is just how things work) Frank v. Gaos affirmed that standing is required at all stages of a case. Courts do not give advisory opinions. Courts do not entertain oral argument between one side that has standing and some arbitrarily selected neutral observer.
Maybe answerers are confused and think that a traditional appeal, where a judge sends it to a higher court has a case and controversy due to a judge wanting the opinion of the higher court rather than the parties themselves having real injury in fact. That is not the reasoning applied by the Supreme Court when it comes to determining standing.
So, I would like someone to reconcile (if possible) the traditional requirements for standing with the facts in the Flynn case before I select an answer.


texts: Is it trademark infringement if you put the word 'not' in front?

texts:
If someone were to start using a trademarked company name with the word 'not' in front of it would it infringe their trademark?

e.g. a company is called 'foo' and their name is trademarked and another company comes along and calls itself 'not foo'.


texts: When (if ever) is it a tort for a reporter to reveal "off the record" info?

texts: Outside of NDAs and other confidentiality contracts, are there any circumstances where it would be a tort for a reporter to reveal information that was shared under an "off the record" condition?


texts: Using a company's logo for a simulated experience in a classroom

texts:
As a teacher I often like to ask my students to complete projects that require them to role play an employee at a well-known company. For example, I've taught a class on gentrification before, and I had my students study different neighborhoods to decide where to best open up a new Starbucks franchise. To help create the simulation, I drafted a fake letter from a fake person who works for the Starbucks central office addressed to the students of my class. The letter essentially explained the assignment for the students from the perspective of the fake Starbucks executive. As a little ornamental touch, I used the Starbucks logo in the header of the letter. I'm wondering if this practice is lawful or not.

I've read a little about Fair Use and how educators are given more leniency from copyright laws if certain requirements of the use are satisfied. If I work at a non-profit, public institution, with instruction taking place in-person, and with the clear understanding from students that the assignment is a simulated experience of working for a company, am I allowed to use a company's logo in designing my course materials?


texts: When someone steals my bicycle, do they commit a higher offence if they need to break a lock?

texts: I know that stealing a bike is crime.  My question is: can someone who steals a bike get additional charges if they have to break a lock as compared to picking up an unlocked bike?


texts: User privacy policy when visiting page on Amazon S3

texts: I have a static webpage that advertises my mobile app for the App Store. The page is stored on an Amazons S3 bucket. It has no ads and doesn't use cookies. Do I still need a privacy policy, because I can't speak for Amazon, what happens with his meta data, since my page is sitting on their server.


texts: In which cases it something legal just because you did not know it is illegal?

texts:
As part of general knowledge, there is a rule that a law still applies to you even if you do not know it.

I assumed that to be fundamental, not just a rule of thumb. At least it seems natural.

To my surprise, I came across an example where that is not the case:

After the Access Hollywood tape was published, Donald Trump and Michael Cohen discussed with David Pecker (National Inquirer) about how to pay off Stephanie Clifford ("Stormy Daniels") to keep quiet about the sexual interactions between her and Trump.

Michael Cohen confessed the interaction, and it is known in some detail.

But it seems to be a question whether Trump did something illegal here exactly because it is not clear whether he knew it was illegal.*

How does that fundamentally make sense?
In which laws does that apply?

*
President Donald Trump Campaign Hush Money Scam Appears To Have Worked | Rachel Maddow | MSNBC


texts: I am currently planning to use someone's tweet in my book & tweet won't include any images  (which will made commercially available). So , first are tweets intellectual property protected by certain copyright laws and if so will I be sued if I use it in my book even if I give reference to whose tweet it was ???


texts: In England, If I covertly record someone who is engaged admitting to an affair with me, is it illegal to share that with their fiance without their consent? If so, can I make their fiance aware that I have this recording?


texts: Can novel investable securities have intellectual property rights?

texts:
Let's say I'm a bank, and I create this really popular investment product I'm selling left and right (for example, say I'm Lewis Ranieri, and I invented the mortgage-backed security). This product is very profitable for the bank, and like in any industry, we'd like to protect the large amount of R&D effort put into developing it. In most industries, you have intellectual property rights.
Can I patent this product? If not, how do I protect my R&D efforts?


texts: Is there a Legal Requirement for Computer Companies to Include an Operating System when Selling a PC?

texts:
I asked a company if they could sell me a PC without an installed Operating System, as I plan to install my own.  Their response was that "We have to legally include a OS with all of our systems. So we include Windows 10."  It surprised me that this would be a legal issue rather than a company policy.

The company is based in Utah.  Is this an actual legal requirement by law?  Why?  Could it be to protect consumers?  Would it protect the company from liability?  Is it likely part of a contract they are in?  Or is this a misunderstanding by customer service?

I didn't find anything with a cursory web search.  (I am a new poster, so any critiques of my question are welcome.)


texts: What to do after a car reported stolen is found by the owner?

texts: I heard that repossessing a stolen property without going through police can be considered theft on its own, so how can the owner of a car that was stolen and reported to police as stolen can legally take possession of the car if it is found by the owner abandoned or parked somewhere else? Besides reporting to police that the car was recovered (thus avoiding getting pulled over on a felony stop and get arrested for it), is it absolutely necessary to have the car recovered through the police?


texts: What legal protections exist for employees who suffer customer abuse?

texts:
I work as a minimal wage, over the phone technical support agent for Verizon.  How customers are treated on a company wide systemic level is centered around low wage workers like me pacifying at least 80 customers per day, with discipline for anyone who sacrifices turnaround for ... actually helping.

This leaves many customers livid, with every 4th customer ranging from yelling and cussing, to calm but equally malicious and psychopathic.

Years of working like this has left me emotionally scarred, to say the least.  Unfortunately, getting another job hasn't been an option, not that conditions are much more favorable elsewhere. It seems to be the norm, with no laws to prevent it, but I thought I should ask for your casual insight here all the same.

What rights do I have that cannot be abridged by my employer, regarding how I can handle or avoid abusive customers?  Are there any legal protections against working conditions like these?


texts: Is my title part of my legal name or does it hold any legal meaning?

texts: When filling out a form there is often a field for entering a title (such as Mr, Mrs, etc.). Am I free to put whatever I want in this field or do titles have a legal meaning?


texts: Why do "loot-crate" mechanics in video games not fall under gambling laws?

texts:
Many games nowadays have loot crate mechanics in place, that let the players test their luck. Typically the player is given the crate for free and can only open it by purchasing a "key". In some games you can buy both.

The player is essentially gambling because they do not know what they will get, and often it is the case that the player was after a rare item that drops at a much lower rate than others. This leads to players spending more money on crates and/or keys until they get lucky.

How is it that is not covered by gambling laws? Children under the legal gambling age(s) play these games, and this is not limited to 18+ games either.

The only reasoning I can give is that it is because the player is guarenteed to win something, and as such it doesn't count as gambling (?).


texts: Is there case law supporting the view that literary themes are protected by copyright?

texts:
(I am not certain that "literary theme is the technically correct term: my question is contain in the body of the question). It is standard legal knowledge that copyright law protects expression and not ideas, that some element of creativity is required for a work to be protected, and that words and short phrases are not protected. It is also often widely believed that permission of the copyright holder is required to create a “related product”, such as a video game version of Star Trek, Harry Potter or James Bond (now partially in the public domain). Certain graphics associated with the protected work clearly require a license to use (I explicitly am not asking anything about trademark protection). If we set aside copying of graphic objects, and copying of non-minimal stretches of text, is there any case law evidence that supports the belief that any work “about” a protected work requires a copyright license? For example, does the case law tell me whether I can legally write a novel fully exploiting the ideas of the Man-Kzin Wars novels (a warlike feline spacefaring race etc.)?
An optional complication involves the putative non-copyrightability of words. The words “chmee; chrowl; kzinrret; kdaptist; sthondat; strakh; wtsai” are introduced in protected works – they are not words of English. They pass the sniff-test for creativity, but the US Copyright Office by policy declines to register individual words. However, presence of these words is clear evidence of copying of a protected work. It therefore may be important to distinguish infringement claims that involve the ideas of a protected work, and the additional copying of distinctive terminology.


texts: Erroneous information on cancellation policy

texts:
I put money in financial product A.
The fine prints say that I should be able to do a lump-sum withdrawal within X days.
I tried to do withdrawal.
Then the financial institution says that "although it is denoted as A on the webbpage, it is actually not A but B. B does not allow a lump-sum withdrawal. So you cannot do a withdrawal."
Please advise what will be the next step.


texts: Will I get pulled over for driving a car in Washington if I bought the a brand new car in Oregon with no license plate?

texts:
I just bought a brand new car from a dealership that was located in Oregon and currently have to wait 2 weeks for the license plates for some reason. I will be driving the car in Washington state. The Oregon DMV stated that there is a very low chance that a police officer would pull me over for lacking plates. Does that sound correct?  If so, would I just be able to provide proof of sale, insurance, etc. and show them the details?

I do have a temporary Oregon license plate.


texts: Do Covenants and/or By Laws become null due to non-enforcement?

texts:
I seem to remember a lecture during my Business Law Classes which discussed nullification of Community Covenants or By-Laws (an HOA for example) when a certain rule has been violated for x-years and no attempt at enforcement was made.

There was even some legal terminology to describe this situation. I don't remember if it was a state (Colorado) or Federal thing either.

Example: Someone is operating a VRBO rental against By-Laws of an HOA. This has been going on for 10 years. All of a sudden the HOA chooses to enforce this and a court finds it un-enforcible due to un-enforcement in the past.


texts: Is forced cunnilingus or analingus rape?

texts:
Is forced cunnlingus or analingus, "legally" considered rape or is it sexual assault?
Any case would involve the

The perpetrator forcibly performing cunnlingus/analingus on the victim

or

The perpetrator would force the victim to perform cunnlingus/analingus on them

Obviously either two of these scenarios would be a crime one way or another.
So most rape laws (I think in US states and UK especially), require penetrative acts to be unwillingly forced on the victim. So either of these cases would not be classified as "rape" if that were the case. Are there any jurisdictions where this is not the case?
Is the severity of the offense (1) or (2) equivalent to that of forcible penetrative acts or is it a lesser offense?
Although I have no specific jurisdiction in mind, what is the case in most jurisdictions?


texts: What are the priorities/rules for pedestrian crossings without lights?

texts:
On Euston Road in London there are several pedestrian crossings marked just by dots or little painted squares. They have no pedestrian lights, so do not seem to be covered by the bird obsessions (pelican, puffin, toucan, ..) in The Highway Code.

To me that means the pedestrians should follow the main traffic lights, ie. green means priority for the main road and pedestrian crossings, whereas vehicles turning off the main road should give way to pedestrians.

There are also some places where no lights are really visible for the pedestrians crossing, but the drivers seem to think they have priority.

Those cases may be examples of poorly designed junctions, but in either case, does anybody know what are the rules there?

Here's an example where Ossulton Road meets Euston. The crosswalk is marked with small white squares but there are no dedicated pedestrian signals. If the lights for Ossulston are red, who has priority? Pedestrians or cars/lorries turning from Euston into Ossulston?


texts: Document says "A and B" have some authority — does that require unanimity or not?

texts:
If a governing document says that "A and B" have the power to act on behalf of Company X, does that mean that both A AND B have to sign e.g. a contract to bind the company? Or does it mean that that either A OR B can bind the company?
Put another way, is their power a "joint" power or an "individual" power?


texts: Does the FBI have to pay Apple's legal expenses after withdrawing its lawsuit?

texts:
The popular legal battle between the FBI and Apple has led to the FBI retracting its motion to compel Apple into providing assistance to gain access to an iPhone 5C used in a lethal terrorist attack (known as San Bernadino Shooting).

The court didn't issue a verdict, but the FBI appears to have simply stepped down and stopped its previous efforts in the courts against Apple.

Assuming Apple had to provide extensive legal resources over the past weeks to fight the demands made by the FBI, who now has to pay those bills?

I am asking since the FBI obviously created quite a distraction for Apple's day-to-day routine and given that they now simply retract their motion and reverted to a solution that would have actually had to be exhausted in the first place, shouldn't the FBI at least be responsible for any legal fees that it incurred?

As far as I understand the situation, they could have only asked Apple to comply if there really was no other option. Either the FBI didn't know about this alternative option earlier (unlikely, given they have been working with this third-party in the past) or they simply thought it was easier to force Apple to work for them.

In any case, it may be no problem for Apple to pay their legal bills, but what if the next time some small company, that can not afford huge legal bills, is asked the same thing of the FBI? It seems nobody is held responsible and I am surprised there may not be any consequences (even financial) for this?

Even though I focus on this specific case, it is probably a more general question regarding any other possible lawsuit:

Is the person initiating a legal battle required to pay the other parties bill, if he later just pulls out of the suit? (or would the other parties have to "counter-sue" and prove they did this sort-of thing intentionally (which will probably be pretty hard)?


texts: If one person owns the parts to a ship, and another owns the design to the ship, who owns the ship?

texts:
Although not exactly the same scenario, it is related philosophically to the Ship of Theseus.

Okay, so Eve stills a bunch of ship parts from Bob and the design for a super-ship from Alice. Eve uses Alice's design to make a ship from Bob's parts. She is later arrested. Eve also has no money or assets (she destroyed her tool box).

So now we have a ship. The parts are owned by Bob, and the design by Alice. Who owns the ship.

The estimated value of the parts and the design is the same. (The parts are quite expensive, and the design required extensive R&D).

The whole ship has value equal to the combined value of the parts and design (Eve is an expert ship builder).

If the ship is disassembled, Bob's parts will be ruined and have no value.
Whoever owns the ship will be able to get Alice's design. If anyone besides Alice learns about Alice's design, she will lose all ability to make money off of it.
Alice and Bob will not compromise; they both feel entitled to the whole ship, and will not agree to anything else.

Bob owns the parts and Alice owns the configuration. Who owns the ship?


texts: Why can't Robert Mueller give the report to congress?

texts: With the recent vote to hold William Barr in contempt of congress, I have one main question. Why can't Robert Mueller just give the report to congress? It's obvious that I don't understand the full scope of what's going on, but in my view, congress is...congress. How do they not have the right to demand information from the Justice Department when they have the responsibility to handle impeachment?


texts:
https://www.governor.nh.gov/sites/g/files/ehbemt336/files/documents/nh-v-ma-action.pdf
The pdf file linked above concerns a lawsuit that is very far from typical of lawsuits in the U.S.A. or anywhere else: One of the states is suing another. Nonetheless it reminded me of a question that has sometimes crossed my mind. Notice that on page 32 is says "New Hampshire requests that the Court order the following relief" and one of the listed items is "Award costs and reasonable attorney’s fees;"
Sometimes it is said that in England winning plaintiffs are awarded lawyers' fees and in the U.S.A. they are not. One reason this has been puzzling to me is that high-profile lawsuits covered in the news media often are reported to involve plaintiffs requesting that attorneys' fees be awarded, although in other contexts lawyers say that is not done in this country.
Under what circumstances are attorneys' fees awarded?


texts: Who pays if a pedestrian knocks me off my motorbike?

texts: I live in UK and it seems that for most pedestrians and cyclists road signs are just a decoration. I often had pedestrians dash through red lights, even if I have engaged the crossing. Being on a motorbike, it wouldn't take much to tip me over if a pedestrian were to run into me. If that happened, who would pay for the damage, since pedestrians don't have insurance?


texts: Renting - property with no gas, heating, hot water - is it justifiable to request period of free rent?

texts:
Us:

  Please note that the place was not habitable - no heating, no gas - until a few weeks after tenancy started and initially there were multiple fixes / repairs - as we were the very first tenants.
  Due to these circumstances we believe it is reasonable to extend the period of rent free of charge.

Landlord:

  I am afraid no extra period can be allowed as all the initial gas etc was attended to asap.

Facts: I do not remember exactly what was the timeline. I admit the landlord acted in a timely manner but:

subcontractors were sloppy,
didn't deliver,
didn't have parts,
need to reorder,
need to wait

All in all it was at least 2 weeks with no gas, no heating, no hot water.

Who is right?


texts: Can a settlement agreement include a provision that prevents the claimant from returning to the premises owned by the defendant?

texts: So, for example, Plaintiff slips and falls at a restaurant owned by Defendant. Eventually, a settlement agreement is reached, and as part of the terms of the agreement Plaintiff has agreed that she will never return to any restaurant owned by Defendant for any reason. Is this enforceable and if so, are there any consequences besides breach of contract and trespass remedies?


texts: Can this be considered as a case of fraud?

texts:
I recently got into an argument regarding whether submitting the following letter to an instituition could be regarded as a fraud:

To Whomsover It May Concern

This is to certify that X is pursuing a Minor specialization in our department.

The courses offered by our department that have been taken by X are as follows:

A

B

C

Signed, Head of the Department

Now, B and C are the courses that X has taken as a part of the Minor specialization and A is a course that X has taken additionally but is not a part of the minor specialization. Now, one point of view is that the statement about the list of courses provides a sufficient reason behind the first statement--in which case, there is nothing fraudulent. Another intepretation is that the statement about the list of courses implies that these courses were taken as a part of the minor--due to which the document is obviously a case of fraud.

I would like to know which interpretation is correct--whether one should assume that the second statement provides a sufficient reason for the first or that it provides a necessary reason for the first.


texts: Extensive Renovations during 60 days notice

texts:
I gave 60 days notice and the landlord seems to think they are starting extensive renovations during my 60 days.

What rights do I have about not being disturbed and privacy and not having my possessions moved or touched and being left in peace?

They are rotten people and I don't want to cooperate at all if I don't have to.

Ontario, Canada


texts: What happens if a female is sentenced to death while pregnant.  Would the execution be delayed until she gave birth?  Or even longer (e.g., until the child is weaned)?


texts: Race of members of a grand jury when a case involves matters of race?

texts:
I assume members of a grand jury are not just randomly selected from the population.
In a case involving racism, for example, the race of the jury members is certainly relevant.
In a case about a member of a minority, random selection would usually not choose a minority person by definition
Even in cases that are not about race-related questions at all, the race distribution on the jury may be critical, as shown in the example of the police shooting involving Breonna Taylor - but that seems to be an independent question.
How are the members of a grand jury chosen?
What is the strategy, or the ideas it is based on?


texts: Moving to Germany - Einküfte/income before the move in the Steuererklärung/tax reclaim

texts:
I hope someone would help me in this matter.
In 2020 I was in Poland for the first seven months, and then, since August, I'm in Germany. I have received income from employment in both countries, in Poland 30.000 €, and in Germany 20.000 €.
In Poland, on that income, the social insurances in the amount of 5.000 €, and the tax of 2.000 € was deducted, leaving me with a net of 23.000 €. Let's say that according to the German law I can deduct some Werbungkosten in the amount of 1.000 € (eg. for the trips to the place of work).
Now, I'm not sure what to write in the Anlage Wa-ESt. I suppose I have to enter in the field 4 the date of 1.8., and in the field 6 the Einkünfte, which seems to be the gross reduced by the Werbungkosten, so 29.000 €?
Now, if that's the case, where do I enter the expenses for the tax and the social contributions in Poland?
To make it more clear: in Germany, on those 20.000 €, I have to pay 4.000 € in social contributions. If there were no Werbungkosten (let's disregard 1.000 € of flat rate), the taxable income would be 16.000 €. So on the German income, the tax rate is based on 16.000 €, which is then applied on the taxable income of 16.000 €.
Now, when I include the income from Poland, the tax rate (applied on the taxable income of 16.000 €) is based on 16.000 € + 29.000 €, correct? That part seems illogical - on the income in Germany, the tax rate is based on the income reduced by the social security expenses, while the income in Poland is not reduced by the social security expenses (and Polish tax) to find out the tax rate?
Is there any other Anlage where I can put those expenses? If I were to include those expenses in Anlage Vorsorgeaufwand, they would reduce the taxable income in Germany as well, which again doesn't seem right...


texts: Can a city legally force a homeowner to remove their garden?

texts:
Hypothetical: a homeowner received a letter in the mail from the city stating that said homeowner is being ordered to keep their lawn mowed such that the lawn did not violate the city ordinance about maximum grass height. This hypothetical letter stated that if the homeowner failed to keep the lawn mowed that the city would have the lawn mowed for him and charge him for the mowing service.
In general, I wonder if the city is allowed to dictate how that property should look, but in thish specific case the problem is even trickier...
Hypothetically, the homeowner actually uses the plants that grow in the lawn. He considers the entire lawn to be a garden and uses the plants in it for various purposes, including but not limited to a food source.
So there are several issues with the order received:

The homeowner does not care what the neighbors think of the yard. He likes it the way it is and feels he should be able to keep it how he wants as long as it is not causing the neighbors any injury to their person or property.
a. Does the city have authority to make demands based on personal opinions (even if held by the majority) about what looks pleasant?

The homeowner wants to keep growing the garden. To him, it very much is a garden.
a. Since it is a used garden, does that cause the city to lose any legal authority to do this which they may otherwise have had?

The homeowner does not want some mowing service person destroying the garden.
a. As soon as the homeowner notifies the city that this is a garden, does the city still have any legal authority to destroy that garden as they have threatened to do?

The homeowner does not believe the lawn-garden is causing any injury to the neighbors or their property and not tall enough to harbor critters.
Can the city legally compel someone to destroy their garden?
This is considered from the point of view of the state of New York.
Since that is (sort of) a yes/no question, if you need something broader to provide a good answer, perhaps consider: On what legal grounds can a city compel someone to destroy their garden? Does the city even need to provide a rationale, or are they legally justified by mere fiat?
The closest case law I can think of was a case where a man had a sign on his property that a city ordered him to remove, but the court determined that the city had no authority to dictate what he could or could not write on his property. I don't think that case was New York, but I cannot find it again. Also that case may have been a first amendment issue which probably does not apply to gardens. Is there any law (case, state, federal, common, anything...) which could apply to the above scenario?


texts: Is it legal to deny employee reimbursements for meat?

texts:
WeWork appears to have instituted a policy where they prohibit their budgets from being used for purchases of red meat, pork and poultry, citing sustainability.

www.theguardian.com/environment/2018/jul/13/wework-meat-events-expense-ban

  “New research indicates that avoiding meat is one of the biggest things an individual can do to reduce their personal environmental impact, even more than switching to a hybrid car.”

The ban appears to apply for both company-sponsored events, which seems like a reasonable policy with a clear business case — noone's entitled to free lobster (incidentally, seafood isn't prohibited by the policy, possibly because studies have shown that pescetarianism is one of the healthiest diets), as well as reimbursable per-diem expenses, which sounds like overreaching into the personal lives of employees eating on their own time during business travel.

  … staff will not be able to expense any meals that include poultry, pork or red meat.

Is it legal for a company to have a travel policy denying its U.S. employees from reimbursement for solo sessions of meat eating during business trips?


texts: Can the IEEE legally take a picture of an author anywhere, at any time, and use it in an ad?

texts:
I read in some IEEE copyright and consent form for a conference the following section:

  In connection with the permission granted in Section 1, the author hereby grants IEEE the unlimited, worldwide,
  irrevocable right to use his/her name, picture, likeness, voice and biographical information as part of the advertisement,
  distribution and sale of products incorporating the Work or Presentation, and releases IEEE from any claim based on
  right of privacy or publicity.

Does it mean that some IEEE employee is legally allow to snap a picture of the author anywhere, at any time, and use it in some ad that incorporates the work/presentation (since "incorporate" is very vague from my understanding, I don't see it much as a legal constraint)?

Since conferences tend to abandon their websites quite quickly, here is a copy of the entire IEEE copyright and consent form:


texts: At what point can you walk out of a restaurant if they make you wait to pay the bill?

texts:
The other day, I ate at a restaurant; the food was fine, and I got to paying the bill.  Their payment system went down.  They couldn't accept cards; only cash, and I didn't have the cash on me for the bill.  In the end, their payments system was down for about 45 minutes, with several diners being forced to wait around.  The staff didn't at any time offer a reassurance that if things weren't fixed in a certain period of time, we could just leave.

But it got me thinking to the legality of things - at what point can you just leave?  Is it always technically illegal in the UK to leave without paying the bill?  Could the restaurant just force you to wait until close of business if necessary?  What if they still hadn't fixed the payment system by then?


texts: Can I use modified version of Apple, Android, Windows, and Blackberry logos in commercial advertising to show compatibility?

texts:
I am making and commercially reproducing a script that would show textual advertisements based on a user's device.
I want to, beside the text, have an icon showing the device in order to show compatibility with the device. However, I looked into the guidelines by each company and it looks like Android is the only one I would be able to do this with.
In place I have though of using some modified logos, such as the last icon in this image.
http://orig09.deviantart.net/9015/f/2013/158/1/2/boxed_metal_icons_by_martz90-d684ioq.jpg
Would this be legal or would that still be copyrighted?
EDIT:
Here are the guidelines from each website.
Apple Guidelines:

Apple Logo and Apple-owned Graphic Symbols: You may not use the Apple Logo or any other Apple-owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from Apple, such as a reseller agreement.

I think this one is pretty clear.
Microsoft Guidelines:

Third parties may only use the logo without a license under the following limited circumstances:
In advertising, marketing collateral, or a website that references your connection with Microsoft (e.g., the material states that you are an authorized distributor or reseller of Microsoft products) provided that the area in which the Microsoft logo is used includes the corporate logo of at least 1 other company with which you have a similar relationship.
In an area of a website, advertising, or marketing collateral exclusively dedicated to the sale of Microsoft products, and in such a manner that associates licensed Microsoft software with the Microsoft logo.

In this one, if the user is on a Windows phone there would not be a corporate logo of any other company on the page.
Blackberry Guidelines:

BlackBerry owns the BlackBerry family of trademarks. To maintain the distinctiveness of BlackBerry trademarks, logos, and imagery, BlackBerry must ensure these terms are used in a manner that does not imply that an app is affiliated or endorsed by BlackBerry, when in fact there is no such relationship.
You need to have license from BlackBerry, or express written authorization to use BlackBerry trademarks, logos and imagery by third-parties.

I do not have enough reputation to post more than two links so for my second link I will post a pastebin containing sources for the three guidelines.