texts: Practicalities of suing California-based business from abroad over minor but strong case

texts:
Bob, residing outside of the US, has installed a mobile app run by a California-based business and paid a one-year subscription worth under $200.

The app happens to have a showstopper bug: basically, because of the bug, Bob cannot use the app for its main purpose.

Bob creates a support ticket with bugreport, attaches screen recording but the guys at the business keep responding with rubbish like "sorry we cannot open the attachment you sent, please try again". Bob tried different formats, even uploaded the video on YouTube and sent the link, but the response from the support team is literally the same all the time (copy-pasted).

Bob thinks that he has a winning case, but Small Claims court in California requires plaintiff to be present in person. Bob does not mind spending more on the litigation than the actual under-$200 damages — provided that the likelihood that all litigation expenses will be awarded to him is high.

How practicable is to file and win this lawsuit with all litigation
expenses awarded without visiting the US? Either with or without a lawyer.
Whilst the Small Claims court requires plaintiff to be present in person, does the "normal" court require the same?


texts: Is there any way to find out if a deceased person owns properties across the United States?

texts:
My wife and her two siblings had an absentee father who recently died of cancer. He left their mom for another woman about 12 years ago when they were all still children. They hadn't heard much from him since then. When he left their mother, he was quite a wealthy man, having multiple properties around the world and hundreds of thousands in stocks and bonds. His now widow, who is the administrator of his estate, claims said estate is only worth a few thousand dollars. It's a really convenient number that denies the children any inheritance.

It was in his character to continue buying investment properties, and with some research, we've found his name attached to five different properties in four different US states (there may be a lot more, this is just what I've found online). It's possible that he doesn't own these, but we find it generally hard to believe that his estate is worth so little.

We're over in Europe. It gets a bit more complicated with the fact that we are all different nationalities and living in different countries, but simply put: is there any way that we can search for properties that he owned before he died? Any possible suggestions are appreciated.


texts: Is giving money to a foreign government illegal?

texts:
If somebody who was a citizen from one country decided to send a gift to the government/etc. of another country, would that be against the law somehow? Suspicious? Bad for the person?

Say Tom is a Canadian man and he wants to give $1,000,000.00 CAD to the U.S. government as a gift, given for no specific reason. If the monarchy/parliament found out, would he be blacklisted/charged with a crime? Citizenship revoked? Or the same situation with U.S. -> Canada?

I am just wondering since governments tell the citizens of their country that giving gifts (including money) is okay for citizens, but what about for aliens/non-citizens/citizens elsewhere?

No, not made out as bribe/incentive, but just given as a gift -- donation.


texts: Is there legislation in Australia (or individual states) that outline the penalties for juror misconduct?

texts:
While there have been penalties in the past for jurors posting case info to Facebook, researching case, etc, is there a specific Act/piece of legislation that outlines the consequences for doing so? In particular to the state of WA, but any other state info would be appreciated :)

So is it simply the personal integrity of the juror to abide by standards of integrity, or are they controlled by law (Australia-wide/Australian state context)?

I'm looking for any precise law outlining the above^

Thanks in advance!


texts: How can one register a trademark for a mobile app name without a lawyer?

texts:
I want to get a trademark for my mobile app. It is available also in App Store and Google Play.

Do I need international protection? Do I need register on USPTO or WIPO?

I have a low budget.

Do I need pay for a lawyer to support registration?

In this youtube video, a lawyer shows how easy it is to register a trademark without the support of a lawyer only for $225.

I checked an existing other trademark called MEMRISE. It is also an iOS app in App Store. MEMRISE is registered in USPTO (the U.S. Patent and Trademark Office) but not in WIPO (the World Intellectual Property Organization).

As I understand it, USPTO is a US federal agency. Is WIPO is international?

I am Hungarian citizen in Europe. Should I register a trademark in the Hungarian trademark institute instead or in addition?


texts: Would "ex post facto" apply to tax deduction laws?

texts:
Yesterday I had a discussion with my colleague.

This year I am traveling rather large distances for work. My colleague asked me how I can bear the costs of travel. I told her it is ok, because the government allows me to deduct a large part of my travel costs from my taxes.

My colleague warned me that she has heard that the government will revoke these rules, making it no longer possible to deduct as much of my travel costs from my taxes.

Her argument was that since my taxes for 2019 will be done in april of 2020, the government could, at any point before that date, change the rules so that I may no longer be able to deduct my travel expenses.

I argued that rules could only apply to travels/work that occurred after said rules were implemented, and could not apply retroactively.

Norway has an "ex post facto" clause in its constitution against retroactive laws.

Is my reasoning correct?


texts: How does Per Capita at Each Generation work when there are multiple living generations?

texts:
I've been researching Per Capita / Per Stirpes and their variants. Per Capita at Each Generation seems like the one I want, but I have a question about how it is divided in this example, which I have been unable to find answers to online.

Given an estate of $360,000, how would it be divided in this scenario:

Child A, living, has two living children A1 and A2.
Child B, deceased, has two living children B1 and B2.
Child C, deceased, has one living child C1.

The first generation (A and B) is straightforward: $120,000 goes to A, and $240,000 is pooled and goes to the next generation.

The second generation (A1, A2, B1, B2, C1) is where my question comes in. Since A was living, are A1 and A2 considered part of the pool for that generation or not? In other words, is the $240,000 at this generation split between B1, B2, and C1; or is it split between A1, A2, B1, B2, and C1?

The key here is the A branch, where A also has living children. I have been unable to find an example online that covers this scenario.


texts: How does one ask the court to recuse an attorney due to a perceived conflict of interest?

texts:
Is there a legal principle or process that can be used to ask a court in the US - either at the time of filing or during a legal proceeding - to consider recusing an attorney from the opposing side due to a perceived conflict of interest?

What is the name(s) of the process or principle? (So individual state codes can be referred to).


texts: formatting affidavit with multiple pages

texts:
I know how to write a one-page affidavit, at least for some situations. How do I prepare a multipage affidavit in the U.S.? In other words, what's different because it has multiple pages?

This is not for immediate or online submission to a court or for an already-named case in any forum and there may not be a caption, but an already-notarized paper affidavit might be needed later as evidence. I want to prepare the affidavit properly before notarization.


texts: What are the laws for ventilation in bathrooms in NJ rental units?

texts:
I remember reading somewhere previously that landlords are required by law to have working ventilation in bathrooms for their properties.  Unfortunately, I can't find where this is stated.  Does anybody know where I might find this?

Also, if this requirement exists, does this requirement if my "landlord" is actually not legally a landlord at all but rather an innkeeper?  Here's the relevant language from my housing contract (with Princeton University):

  Relationship of Parties
  The relationship of the student and the University shall be that of a guest and an innkeeper, respectively, and nothing herein shall be construed to give the student any additional rights including, but not limited to, those of a tenant under a residential lease. The parties specifically agree that this agreement does not establish a landlord/tenant relationship and is not governed by NJSA 2A18-61.1 et seq. or NJSA 2A:18-53 et seq., commonly known as the New Jersey eviction laws.


texts: Can older parts of Canada's constitution be found unconstitutional?

texts:
Canada's constitution is not a single document, but many documents passed over time.

Is there existing case law as to whether parts of an older constitutional document can be found unconstitutional in light of newer constitutional documents?

For the purposes of this question, I'm excluding cases where the newer document directly repeals older documents, or parts of them.


texts: Which software license to use as a software agency for my client?

texts:
Suppose that a client that wants a project (mobile app) developed and is  currently discussing the contract with a developer.
The idea of the app is the client's and s/he will start a company soon, but it is the developer that will develop his app. Suppose the developer wants to own the source-code, even though the project is the client's idea. (The idea is not very unique though, similar applications have been developed by others). The client wants to be able to sell the resulting company in the future, and have the company own the mobile app. The developer wants the app stores to show his or her name (or the developer's firm name) as developer.
My main question is:
Which software license can be used, so the developer can legally claim to be the developer of the app?
Also:
a. How does this staff woks globally in general?
b. What are some best practices, for both developer and clients in general?


texts: Graphic is CC licensed on one site, but not on another

texts:
I found a vector graphic I want to use on a site A that offers free graphics under the Creative Commons License. Later I found that same graphic on a different (paid) site B, under their standard license (which does not allow distribution).

I assume there are two possibilities:

Site A bought it from site B and put it under CC license
Site B downloaded it from site A and put it up for sale on their site

In either case, can I safely download and use it from site A?  Or is it my responsibility to always try to determine if something has a different license somewhere else?


texts: Do I need to attribute icons not used anymore but visible on GitHub's previous commits?

texts:
I'm developing a mobile app and I'm using GitHub for source code which is set to public, so I can show my friends.

I was using some free icons from www.flaticon.com/home , which required the developer to attribute the authors to the icons.

But I decided to go ahead and just create my own icons and delete all the icons I was using the flaticon, but the problem is in the previous commits on GitHub, the old images of the icons are still visible in my resource folders.

Is this a problem I need to address at all? Do I need to mention anywhere that I WAS using icons from FlatIcon or am I good to just act like it never happened?

Thanks!


texts: UK Leasehold property - Lease has two different dates 5 years apart (one 5 years before house was built!), which applies for ground rent review?

texts:
Six years ago in 2013 I purchased a leasehold property from Taylor Wimpey. The lease says that the ground rent is £125 and increases with the Retail Price Index every 10 years. It's only been six years, so I was surprised to receive a letter telling me it's going up, based on the RPI in 2008 - 5 years before our house was even built (there are other properties on the same development that were completed years earlier, but ours was completed as we purchased it, in January 2013).

The details of the rent review are detailed in the Eleventh Schedule of the lease:

And the front page of the lease says the date is 25th January 2013 (which is around the time the house and our purchase completed):

There are other places in the lease that have this same date:

However, there's also a part in the lease that defines the review preiod as 10 years from the commencement date of the lease:

And the date printed as the commencement of the lease, says 2008:

There are other places with the date printed too, which have this date (all printed dates are 2008, but hand-written dates are 2013. 2013 is the date we signed the lease - the property did not exist before then - though the developer did own the land and had built some other properties on this development):

The weird thing is, the company collecting thr ground rent have written to use asking us to sign a letter confirming we agree with the increase - which makes me wonder whether something isn't right here:

Obviously I'd prefer not to have the rent increase 4 years before I thought it would, and certainly not with 10 years of RPI when only 6 have passed. However I'm unsure what the deal is here. I've reached out to the conveyancing solicitor for our purchase, though I don't expect them to help much unless we pay them (and any legal fees would likely be greated than the increase - at least in the short term). I'm thinking of calling the company and arguing the case, but since IANAL, I figured I should try and collect some other opinions first.

Thanks for taking time to read all this!

Edit: I found these definitions online:

Date of Lease – This is date the lease was created, so generally this is the completion date of the first sale and is found at the beginning of the document.

Commencement date – This is the date that the term of the lease runs from and will often be found in the “Definitions” or following the Term. It may be the same as the “Date of Lease” but is often earlier. This is to ensure that all of the leases (in a block of flats) come to an end on the same day.

So this seems to explain the two different dates. So I guess the real question is whether the review period is from the "Date of lease" or the "Commencement date" - both of which are mentioned above. The "Eleventh Schedule" which specifically mentions the rate changes says the "date of lease", but there's also the other definition which says "commencement date".


texts: Clear FTA (Failure to Appear in Court) from my record

texts:
Went to the DMV to renew my driving license and I found it was canceled due to a Failure to Appear in court and Failure to Pay a fine that was imposed to me for scratching a car while parking three years ago.
I wasn't even aware of it because I changed cities in the meantime, and I probably received these documents in my previous address.
The ticket given to me in the DMV contains virtually zero information on how to proceed in this case. I am currently residing in San Francisco but the ticket is from Los Angeles. Is there any way I can solve the issue locally or should I fly back to talk with the clerk of the address written in the FTA ticket?


texts: Are pirated movies and software legal for personal use?

texts: Is it legal to download pirated movies or software for personal---that is non-commercial---use?


texts: What crime is commited when a mechanic charges for an unneeded or non-existent service?

texts: There a number of mechanics who take profit of people's ignorance of car mechanics to charge for unneeded or even non-existent services, like change the blinker fluid or perform an capacitive discharge. What crime such mechanic would commit if he/she does this? Is that a fraud like any other or are there any specifics?


texts: End-user licence agreement: About insurrance

texts:
As a service provider, I've been requested to sign an End-User licence agreement for the user to use my service. The contracts looks correct except that part that I'm not sure:

  INSURANCE: You will, at your own cost and expense, obtain
  and maintain in full force and effect, with financially sound and
  reputable insurers having A.M. Best ratings of at least A- (VII) or
  better, insurance necessary to cover Your obligations under this
  Agreement, including coverage for any infringement claims
  related to the Software or use thereof. For all coverages
  maintained by You, the policy territory must satisfy the
  jurisdictions where this Agreement is governed. Immediately upon
  [REDACTED]’s request, You will supply a Certificate of Insurance
  evidencing the policies You maintain, the limits maintained for
  each coverage, and applicable insurance company(ies).

I have some insurance but I don't think it matches the one requested here. Moreover, this one mentions a "best ratings of at least A- (VII) or better" which I don't know what it is. Living outside of the US (this client is US), I'm not sure I can comply with this line.

What do I need to do?

Thank you.


texts: What is the legal requirements of earning money on the internet

texts:
I am planning to provide an internet service that accepts payments through

Bit coin
PayPal
Visa

For now, I have not legally registered this as a company or planning to pay tax for the income.
Is it illegal to do this? And what do I need to do before starting to earn income?


texts:
In what cases may I threaten to publish disparaging information about a corporation if certain demands are not met?

For example

1) Suppose my HVAC contractor overbills me and demands payment.  I tell them I don't owe them, so they sue me.  I do some research and realize that they have sued 137 people in the last two years for the same reason.    Can I threaten to collect and send this information to the local newspaper if they don't drop the lawsuit?  Can I ask them to pay my legal bills?

2) I've been working for a company for 15 years and haven't got a raise.  I now know a lot about the company.  I also have a blog that is well read in the community.  Can I threaten to "quit loudly and publicly" if I don't get a raise?


texts: Requesting policy verbatim from rental manager requiring 3 forms of ID

texts:
When asked for policy on ID requirements from the rental manager, they keep telling me that they require 3 forms - state, ssn card, passport. (Passport is at Visa office for at least a week, can't find my SSN card.) However, they ignore me when I ask if they could send the policy for me to review, or to see if there are other forms of ID that are acceptable.

Are they supposed to do that? (Or, allowed to "cite policy" without ever showing it verbatim)

This is, ironically keeping me from having building access though I'm paying $5,000/month rent... While I have a key to my apartment itself, I don't have access to the building. I have to call in to a friend to let me into the building each time.

The lease agreement indicates this, but they keep insisting that credit cards are not acceptable. When I ask for policy, they keep side-stepping. What is going on? I feel like I am being bullied.

The term “proper identification” as used in subdivision (b) shall mean that information generally deemed sufficient to identify a person. Such information includes documents such as a valid driver’s license, social security account number, military identification card, and credit cards. Only of the consumer is unable to reasonably identify himself with the information described above, may an Investigative consumer Reporting Agency require additional information concerning the consumer’s employment and personal or family history in order to verify his identity.


texts: Rental Issues - HMO was never issued by landlord (UK) & Notice Period after AST expiration

texts:
Back in late 2016, three people rent a brand new flat in London (UK). Then, during the years, we had a few contract renewals (AST) with new names (as we had one person being replaced every year).

This September, before our AST expired, one person got replaced and this time the agency didn't send us to sign an AST renewal. They sent the deposit money back to the leaving tenant (although it was a joint tenancy), they got the deposit money from the new tenant and then sent us to sign a tenancy renewal. No notice period is mentioned in the paper.

Some days ago, the agency came back informing us that the agent got fired and that our house owner didn't have an HMO. The agency told us that means that we have to decide whether we want to keep the house with a decreased rent for 2 people only in a new contract or just a give a notice of 2 months.

Latest Update from the agency

They are asking us to renew the contract with an increased rent (200 pounds more).

The fact that the house is a brand new house and that fact that they don't have an HMO now, means that they have never gotten an HMO. My questions are:

1) Are we covered regarding the (at least) 2 month notice period. Note that the AST had the name of the tenant who left. We have never signed an AST with the three names of the current tenants. We have only signed a tenancy renewal.

2) Are we entitled to a compensation for paying a rent although the agent didn't have an HMO licence. The agent have never mentioned that the HMO was missing. We have saved all the past emails.

PS: Our names are signed in the council borough.

*HMO is the Houses In Multiple Occupation and it is required in our case - according to the agent - as we are three unrelated tenants.


texts: GDPR data portability when no data stored

texts: My website is processing IP addresses to automatically select the language for the site, however these IP addresses are not stored in the database. Even though the visitors give consent, do they have the right to data portability? There's no data stored for me to send them. If a visitor tried to exercise this right, what should I do as the owner of such website? Just tell them there's no data?


texts: how are companies like metasploit and trustedsec and rapid7 legally protected?

texts:
rapid7 and trustedsec develop professional penetration testing software rapid7 also sells a pro version of metasploit...my question is that if someone uses their software illegally how are those companies and developers not held responsible since they developed the hacking software(s)?

thanks!


texts: Can the same entity be a B Corp and an LLC, or an S-Corp and a C-Corp?

texts:
Fellow Lawfolk,

In the United States, can a business file to be any one of the three combinations:

  LLC & B-Corp
  S-Corp & B-Corp
  C-Corp & B-Corp

As in: Can you simultaneously be an LLC & a B-Corp, or a S-Corp & B-Corp, or a C-Corp & B-Corp.

Thanks for your time.


texts: Can I publish correspondence with a member of parliament?

texts:
If I were to publish an email conversation that I have with a private individual then in many countries that could be found to be an invasion of privacy (it is a conversation that the other could expect to be private and as such I would require their consent to publish it).  How does this change when dealing with a publicly elected official?

Specifically, if I email an elected politician can I publish my email and their response without their permission?

Jurisdiction is Australia, but I'm interested in other country's laws as well (I won't accept something that isn't specific to Australia but will upvote them, thus I have delibrately avoided tagging this question as specific to Australia - please don't add it!).


texts: Is it illegal to create a mobile app which tracks a user for some purpose?

texts:
Can a mobile app track a user using GPS/location services running in the background, and do something when a user is found in a particular location?  Assuming that the app clearly tells the user that it will do this?

A colleague said that this is illegal because there is a court ruling that no one (software/app) can track a user's location in the background, but rather can only use location when the user is actively using the app.  Is this correct?

After googling I found one ruling that "warrantless tracking is not allowed."  Is this applicable?


texts: Where is the distinction between libel and publicly voiced opinion?

texts:
I've always been interested in issues related to free speech, but they've also always seemed a bit tricky to make any determinations over as they encompass both opinions and strict legal codes.

As I understand it, libel is construed as untruthful statements that damage a company in some way. But, what if someone's personal opinion is that a company is bad in some way, and then the company loses money as a result of that person voicing that opinion? Can they be sued?


texts: Legal to restrict tenant parking to leaseholders with valid driver license?

texts:
So I must begin with saying that the parking at my apartment is first come first serve, free for all kind of parking (as long as you're a tenant). There is no off-site parking.

The management team decided to send out a notice today that states: due to overcrowding residents must now have a parking permit. Which I have to admit is not a bad idea, but it comes with conditions: You can only get a pass if your name is on the lease and you have a valid drivers license.  Can they legally enforce the second condition?


texts: Why and when did New York State decide to run grand jury investigations differently from US federal grand jury investigations? Other differences?

texts:
CNN's May 27, 2021 video 'Frustrated and concerned': Haberman reveals Trump's view of NY probe includes a short interview with "New York Law School professor and former Manhattan assistant district attorney" Rebecca Roiphe who says after 05:47:

And one other thing that I just wanted to point out is the New York grand jury is different from the federal grand jury in a couple of important (ways.) One way is that you can’t present hearsay evidence which means like the evidence you present is basically the same quality evidence you’d have to present at trial. That makes it harder. Also witnesses get immunity, so you really have to kind-of build your case before you go in and be pretty sure.

(my transcription)
Question: Why and when did New York State decide to run grand jury investigations with these differences from the way the US federal grand juries investigate? Are these the main differences or are there more significant differences?


texts: Definition of "Direct Financial Benefit" in the DMCA Title 17

texts:
I run a website with pages for famous people, books, brands, movies, etc. Users can rate and discuss these things. Each page has a "profile picture", which is added by a user and then approved by a site moderator, to make sure it is non-offensive and meets quality standards.

I receive financial benefit by selling adspace.

The Digital Millenium Copyright Act, Title 17, Chapter 5, § 512, provides a safe harbor from copyrighted works added by users, as long as the website does not directly benefit financially from the work:

"A service provider shall not be liable for monetary relief, or, except as
provided in subjection (j), for injunctive or other equitable relief, for
infringement of copyright by reason of the storage at the direction of a user
of material that resides on a system or network controlled or operated by or for
the service provider, if the service provider...does not receive a financial benefit
directly attributable to the infringing activity, in a case in which the service
provider has the right and ability to control such activity..."

It could be argued that the user-added pictures make the site a more pleasant experience and therefore more profitable, but it is clear that they are not the main purpose of the site. Has the phrase "directly attributable to the infringing material" ever been concretely defined as used in this context?


texts: In California, can landlords take money out of a security deposit for a "cleaning fee"

texts: After doing some cursory research I've read that landlords cannot deduct damages for "normal wear and tear" from their tenants'. Does a "cleaning fee" that was stated in the rental agreement violate this law?


texts: Can you provide free technical services to Iranians from America?

texts:
Is it legal to provide free technical services to Iranians, or to grant them access to services such as websites and social media? Is it the duty of American Companies to actively prevent access from Iranian IPs and Users? To what extent can use be permitted?

The question is about the exchange of information/services that would otherwise be freely offered to Americans under the scope of legal subject matter. I'm only concerned about the ramifications from the side of a corporation or person residing and operating in the USA.


texts: Full-time Freelancing for UK based client from Spain

texts:
I've got a freelance contract signed with an UK based customer, saying that I should do my best to devote at least 174 hours a month (that's 21 days working 8h/day).

I'm based on Spain, where I'm paying my taxes. 3 months taxes nearly equals one month's billed ammount.

Are those 174 hours a month the equivalent to a full-time commitment? Should my client be in charge of paying my taxes or I should pay them in UK (under PAYE)?

ps: I'm only working for this client.


texts: What are the statutes of limitation for civil lawsuits regarding utility bills between roommates?

texts:
Are there specific laws governing statutes of limitation for utility bills between household roommates?

If not, I assume it would fall under some other existing category. Are utilities bills between roommates treated similarly to rent between roommates?

  Collection of Rents 4 yrs. Civ. Proc. §337.2

Or is it more like Injury to Person?

  Personal injury: 2 yrs. Civ. Proc. §335.1


texts: Does credit need to be immediate after using the material?

texts:
Say I am having an article in a website and there is a material that I'm allowed to use or transform with the requirement of giving credit. Does that mean the credit needs to be immediately after I use the material? Am I allowed to put the credit in:

The bottom of the page?
Another page in the same website?
Another website but it's clearly that both websites are mine?

If another person in the comment says "this material is from author X", then do I still need to credit?
I feel that the first case is widely acceptable. But my problem is if it's fine then how are the other cases not the same? In all cases the credit is out of the viewport of the readers when they see the material. If the readers are expected to read the whole article before making the judgement about the lack of credit, then by the same argument the readers are also expected to read the whole website to know if I actually not giving credit or not? Similarly to reading a book, one cannot just open it in the middle and say that I don't define the concepts, while I did define them at earlier chapters. (I may even defer the definitions to later chapters as an intended purpose.)
The license in my case is CC BY-NC 2.5, but I think the question can be generalized to any license.


texts: Copyright status of election posters in Japan

texts:
Imagine I take a picture of an election poster in Japan (example picture below).

Can I post it to Wikipedia? (CC-BY-SA 3.0 license or public domain)

What law(s) do apply?
While general Japanese copyright law about 2D artworks would not allow reproduction to Wikipedia, is there a specific law covering election posters in particular?


texts: What's the antecedent of "it"? "A’s promise is only good consideration for B’s because the law regards it as enforceable and therefore of value"

texts:
O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 90.

  5.5 Better still, keep in mind some common examples of consideration in practice:

  •  Simultaneous contract and performance, like sale of goods at a supermarket:
  you get the goods and provide, by way of consideration, the price in return; the
  supermarket gets the price and provides, by way of consideration, the goods in
  return. Contrast this with a gift of goods—the person making the gitf gets nothing
  in return and therefore the gift ‘transaction’ has no consideration and is not regarded as a binding contract. Of course, the relevance of the distinction between
  a binding contract and a purely gratuitous exchange is more significant where
  there is a gap in time between the formation of the contract and the date it is to be
  performed, as in the next category.

  •  Bilateral contract made before it is due to be performed, as where A and B make a
  contract in January for the purchase/supply of grain in August: A’s promise to pay
  the price is made in exchange for B’s promise to supply the grain—the law regards
  A’s promise as the consideration for B’s and vice versa. So there is a binding contract in January even though nothing is to be physically handed over until August.
  (Notice there is no external logic to this principle—A’s promise is only good consideration for B’s because the law regards it as enforceable and therefore of value,
  and it is only regarded as enforceable because it is supported by consideration.
  But it is only supported by consideration if B’s promise is enforceable and so it
  goes on ad infinitum! Despite this, it is a hugely important commercial principle.)

What does "it" refer to here?
What 'consideration' is being referred by  consideration?


texts: Do the GDPR and Cookie-Law regulations apply to localStorage?

texts:
We use the localStorage API to store information about the login data to keep the user logged in through various sessions (we do not store personal information), furthermore the localStorage data is not accessible by third-parties.

Should we show the banner asking for permission to use cookies (the legislation requires to use the name cookie also for similar technologies) anyway?


texts:
Suppose that I unconditionally and unambiguously give a person a thing such as a necklace with a moderate value (say $1000): I hand it to them and say "Here, you can have this, I don't need it anymore". Then suppose I have giver's remorse and the next day I request that it be returned. Assuming that the recipient has not relied on the fact of me giving it to them (all they would lose is the necklace), can I revoke the act of giving (so that the courts would order the return of the gift)?

Then, suppose that I intended to give necklace A but mistakenly gave necklace B which I did not intend to give: can I legally reclaim B? In case it's not clear, I am not asking how I can guarantee a take-back right prior to giving the thing, so agreements are irrelevant. As always, relevant citations appreciated.


texts: How can one sell their shares in a business after getting sued?

texts:
My mother is 51% shareholder in my father's company. She was a silent partner throughout the entire process, the only reason she was 51% shareholder was because my father wanted a certain tax exemption for minority women owning businesses. However in the midst of their divorce (which my father has made very ugly), she gave up her rights to the business. However, she recently received a notice that the company (as well as her personally) are being sued for $100,000. However she never made even one business decision in this entire business and she was a homemaker. In the divorce, she got the house however because of this business problem, they will attach the house as property.

I am looking to help her and I am unsure if hiring a corporate lawyer is necessary. Is there any way to mediate this situation without hiring a lawyer. And since she is being sued while she still is 51% shareholder of the company (even though the divorce was granted last year), does it matter if she sells her shares at this point or will she still be sued?


texts: Is it correct to say, that in International Law, the legislature consists of the nation-states and they are the ones subject to the laws do enacted?

texts:
In International law, the subjects, unlike that of national law, are the nation-states themselves. In this way, can we say that in temporal law here,  there being no higher power, must be horizontal here rather than the vertical form it takes within a nation-state. Then we ought to consider nation-states in toto, as the de facto legislature, even if not de jure; that is in customary and positive law, as opposed to law itself.
Q. Is this an accurate description of how international law differed from domestic law in nation-states?


texts:
I'm building a web page that does not have any sort of registration/login. The only bit of user data is a contact form that allows the user to contact the owners of the page.

This contact form asks for name and email, which can be personal data, but we will not store this data in any form. Instead, this data is used to send an email to the owners of the page on behalf of the user. So, technically the data is stored in gmail (for example).

Is the Privacy Policy still applicable in this situation? and in which degree? (if there is any kind of degree at all).


texts: Employer drug testing as an immigrant USA

texts: This question is for an acquaintance. He is on an H1-B visa and was wondering what would happen if someone applied for a job which requires a drug test and if they fail, what the consequences are. I know for citizens and permanent residents the job is not offered but for visa holders, would any government entities be notified? Would there be a risk of deportation?


texts: How is getting foreign investors to support your bank fraud? (Barclays)

texts:
I don't have any knowledge of UK financial laws but I don't really understand how getting foreign investors to buy stock in your bank constitutes fraud.

Now, of course, being a little cynical here, a lot of financial laws are intended more as a justification to allow the government to steal people's money as opposed to make any kind of rational legal sense. But even given that, I found the linked story to be unintelligible.

Generally speaking, at least the United States, fraud is when you trick somebody out of their money by reneging on a guarantee or implicit understanding. For fraud to exist, there must be a victim who is tricked. Who is that in the Barclay's case? The shareholders? I don't get that since the shareholders were not tricked. If a company does something that harms shareholders, that might be malfeasance, but it is not "fraud".


texts: What is the Google "Company" TOS for, compared to the Google Chrome TOS?

texts:
So I see Google's TOS, and Google Chrome's TOS. First off, does the "Google's TOS" actually mean it's for the Google company as a whole, or is this just for the search engine? They mention user accounts, which is part of their core to the ecosystem of Google Apps and such (Gmail, etc.), so what exactly is this TOS for? When do you agree to this?

Second, if the "Google's TOS" is all you need, why do you have the Chrome TOS? Do you need a TOS for every product you create? Or can one general one suffice?

Basically, should a downloadable mobile/desktop app have a TOS called "My Company TOS", or "My App TOS"? Or should the "My App TOS" include a link to the "My Company TOS" as a prereq? Or does just having the "My App TOS" suffice?

I understand that Chrome is the browser we use for the web, a specific Google product. What I don't understand is (a) why they have a generic Company-wide TOS, and (b) how that relates to product-specific TOSes.


texts: Partial Payment: ramifications under English & Welsh law?

texts:
A and B enter into a contract. They agree that A has to effect payment by bank transfer to B's account. A transfers only a part of the agreed sum.

According to Cutter v Powell, which establishes the entire obligation rule, A is not discharged (in part) from his obligation under the contract.

What can B do, if he wants to have the whole sum, but wants to avoid any disadvantages - of contractual or procedural nature - of keeping the partial payment (a bird in the hand is better than two in the bush)?


texts: Rental heater improperly installed. Now I'm expected to repair. What are my options?

texts:
I've moved a rental in the spring. In the rental contract I am responsible for regular maintenance as the oil heater needs yearly servicing. As the weather is cooling off I scheduled servicing.

The repair person noticed large amounts of ash consistent with an improper setup. I paid for the servicing which he completed the best he was able. Configuring the heater properly requires more tools and a specialist. As explained by the repairman the heater is minimally functional but really shouldn't be operated for extended periods (the whole winter) in it's current condition.

I've contacted the rental agency about the issue. They said that since regular heater maintenance is part of the contract this is my responsibility. I explained what the repairman informed me about the improper installation, which occurred prior to moving in, and their response was that was one persons opinion and did not change my responsibility.

What are my options? The repairman mentioned this could be a health inspector may be a place to turn. Should I lawyer up now? What kind of lawyer should I seek out?

I'm in the U.S. in the state of Pennsylvania.

P.S. I'm asking for my sister's benefit as she is the one actually in this situation. I'll answer any questions as I'm able. I've urged her to get a paper trail started now and flesh out as many details as possible. I'm under the impression the configuration will not be cheap, but do not know exact details.

P.P.S. I made a follow up call to the rental agency to ask for a message to be passed to the property owner requesting information about the people who installed the heater. This was an attempt to get them to warranty their own work and also nail down someone who should be qualified to do the work. The agency said "that is none of your business" and ended the call. They immediately called back on my phone asking for the property owner by name. Once they realized their mistake they denied attempting to contact the property owner and hung up. Strange.


texts: Is shipping an 80% lower to someone in Washington Illegal

texts:
I was apart of a conversation where one person who lives in the state of Washington wanted someone who lives in Texas to buy a glock 80% lower for them and ship it to them in Texas. To me, this sounds like a really bad idea and I alerted the Texan about my concerns. I tried looking up the legality on it and it seems like it might technically be legal because the ATF doesn't consider an 80% lower a firearm until it's been milled. Can someone please explain to me if this would be a legal transaction, or should I continue to urge these two to back out.

edit: An 80% lower is described as "An 80 lower is an unfinished lower - "80" meaning it is 80% percent complete. To turn an 80% lower into a 100% lower you have to mill out the fire control group"


texts: Do historical software revisions impact the licensing terms of the latest version of the software?

texts:
Hypothetical situation: Our organization developed closed-source commercial software that used open-source libraries whose terms only apply on redistribution. At some point, we decide to open-source our software but under a license that is incompatible with the aforementioned libraries. We rewrite those parts of our software so the latest revision no longer relies on any open-source libraries.

What happens when we publish our source-code repository?

If our source-code history contains revisions where our software relied on the open-source libraries, does their licensing terms kick in? Or is the latest revision of the source-code repository the only thing relevant from a legal perspective?
If the entire history is relevant, would truncating the source-code history (removing references to the open-source libraries) be sufficient to protect us?
What about intellectual property? If past revisions infringed on someone's IP but the latest revision does not, are we still at risk? Would truncating history protect us?
Broadly speaking, do past software revisions place us at legal risk from a copyright and/or IP perspective even if the latest revision does not infringe?


texts: Why do some contracts have provisions granting a license if ownership can't be transferred?

texts:
I've seen some contracts with an ownership provision: for example if an employee invents something, it belongings to the employer.

Often times I see a provision beneath it stating "if this isn't possible, they grant us a license to do whatever we want with it".

Why would this happen? How could someone/something not be able to own something (relating to IP) in law? For whatever the reason, why would licensing be allowed?


texts: I bought a car from a person who is licensed as a dealer and now they are asking me to pay tax days after the purchase

texts: I bought a salvaged car from a person with a dealer number. I paid cash in full. He gave me the title and I went went through the process of getting it registered with the DMV. The car is now registered under my name and the DMV is sending me my new title in the mail. A few days later the person I bought the car from is asking me to send him money for the sales tax. Is this legit?


texts: Why do laws often have a preamble with references to previous laws?

texts:
Why do many decrees, laws and acts start with a preamble with references to previous regulations? For instance, from an EU commission regulation:

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 246/2009 of 26 February 2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia) ( 1 ), and in particular Article 1 thereof,
After consulting the Advisory Committee on Restrictive Practices and Dominant Positions,
Whereas:
(1) Commission Regulation (EC) No 906/2009 ( 2 ) grants a block exemption to liner shipping consortia from the prohibition contained in Article 101(1) of the Treaty, subject to certain conditions. That Regulation applies until 25 April 2020.
[...]
HAS ADOPTED THIS REGULATION:
Article 1

And then the actual regulation starts. What is the purpose of this preamble, since it does not seem to add anything with an actual practical effect? Is it just to serve as a reminder of other relevant acts for those reading the law?


texts: What is the legal base / requirement (if any) for trade mark notes?

texts:
You often see websites or documents (user manuals, in particular) stating something similar to:

  This program is compatible with the Windows(R) operating system.
  ...
  Windows is a registered trade mark of Microsoft.

or

  Intel(R) Core(TM) i7(TM) processors which feature the BLAH instruction...

Alright, so someone has a trade mark on some more or less interesting thing, sometimes registered and sometimes not registered, whatever.

Someone else writes something which is not related to the product directly or influences the product or its marketing, nor is it competitive or uses the name for advertising, and in my understanding no rights or imagined rights are infringed in any way. In other words, I'd say: "who cares!".

Among this class of statements are also some that say e.g. "belong to their respective owners". Well yes, things usually belong to their owner. What about it?

Apparently, the vast majority of people seems, for some reason, to have a different opinion. Apparently, it is necessary to state the obvious.

What is the point (or legal reason?) for such in my opinion silly disclaimers? Even moreso, as the notices often include "and others", which implies that you admit you didn't list them all, and you are aware that you didn't (which in my opinion makes the problem, if there is one, worse).


texts: Intent to Vacate apartment before 30 days, do I need to be there for 30 days?

texts:
I live in Alabama and I originally signed a one year lease and that expired and have been living month to month for the past 13 or so months.  I have a job offer confirmed June 17 and want to vacate early.  The new job is over 100 miles away.  I realize I need to do a 30 day intent to vacate letter, but of course I won't be here since I will be living somewhere else because of my new job.

I plan to give my landlord my "30 day notice" to leave June 3, which means I'm obligated up to July 3.  My question is a general one, couldn't I just give the keys to the landlord June 14 and tell the property manager that I intend to pay rent up to July 3?  Do I actually physically need to be here until July 3?


texts: When did the speed limit on this road change?

texts:
Here is a diagram of a section of road I drive on to work (traveling top-to-bottom)

The last sign on my way out of town (shown in the top left of the picture) says "SPEED LIMIT 45".  A couple of miles later, there are two signs on my left (facing the oncoming traffic).  If I turn my head I can see the "REDUCE SPEED AHEAD" and "SPEED LIMIT 45" signs.

That indicates that people coming into town must slow down to 45.  No surprise there - they were traveling for miles on this rural road at 55 MPH and now need to reduce speed entering town.  So that's an indication that at some point I can speed up to 55 driving away from town.

But when does that happen?  There are no "SPEED LIMIT 55" signs in my direction once I leave town.  How long is the final "SPEED LIMIT 45" sign in my direction in force before I can speed up to 55?


texts: 18 U.S. Code § 597.Expenditures to influence voting basically states how it is illegal for someone to pay someone or receive payment to vote a certain manner. However, would it be illegal for someone to vote a certain way in exchange for a donation to a charitable organization or nonprofit?


texts: Does a foreigner need an official invitation to visit the United States as a tourist?

texts:
Does a foreigner (in this case a student from Ukraine) need an official invitation to visit the United States temporarily as a tourist (more specifically not as an immigrant)?

Is there any way an official invitation would help, or alternate method for obtaining a visa that requires an official invitation?

I'm just getting conflicting answers to this question.


texts: Is it illegal to run away from a police officer in a way that provokes them, in the US?

texts:
So I know this is very silly and obviously hypothetical, but I've wondered about it for a while.

Let's say you aren't doing anything (else) illegal, you don't have anything illegal on you, and you don't have any warrants for your arrest or anything. And let's say we're talking about this occurring in the USA.

Now let's say there's a cop on the street and you're walking by him, and suddenly you yell "Oh shit! The police!" and then bolt down the street in the opposite direction, such that they clearly heard you say that and see you running.

Is that illegal? First, assuming that the cop doesn't chase you. Is it just illegal to "provoke" a cop like this?

Then let's assume the cop is intrigued and does chase you. Is it illegal to keep running? Would it make a difference whether he yelled for you to stop or not?


texts:
I have seen a certain factions of Taiwan independence supporters claiming that Taiwan's current status is "de facto independence" and only needs to formally declare independence to make its status "de jure independence".

I looked up Oppenheim's International Law (Chinese version) and could not find the two terms. But a search on Google did get some results talking about the two terms.

Are "de facto independence" and "de jure independence" really international law terms?


texts: What proof of language skills is required for simplified naturalization as a Hungarian?

texts:
Hungary provides for a simplified naturalization procedure for spouses of Hungarian citizens.  With this procedure, there is no requirement that the applicant be or have been resident in Hungary; it is necessary only that the applicant have been married to a Hungarian citizen for the last ten years (or for the last five years, if the applicant and their spouse are raising a child with Hungarian citizenship) and that the applicant can demonstrate knowledge of the Hungarian language.

Does Hungarian citizenship law, or any published government directive arising therefrom, give any further details on the language level required?  I am hoping specifically for something that corresponds more or less to a standardized language assessment level such as those of the Common European Framework of Reference for Languages (CEFR).

Some websites of Hungarian consulates abroad do discuss the matter of language proficiency, albeit too vaguely for my purposes.  For example, the consulate in Vienna states,

  Antragsteller über 14 Jahren müssen über ungarische Sprachkenntnisse verfügen, die bei der Einreichung des Antrags in einem Gespräch mit dem Konsularbeamten nachgewiesen werden müssen.

This translates as follows:

  Applicants over 14 years of age must have command of the Hungarian language, to be demonstrated on submission of the application [for naturalization] in an interview with the consular officials.

And the Washington, DC consulate writes,

  We would like to draw your attention to the fact that when applying for Hungarian citizenship in the simplified naturalization procedure, one of the basic legal requirements is to understand and communicate in Hungarian language on a sufficient level, to be able to present the application for naturalization independently, without external assistance, and to answer the questions asked by the officer independently, in short sentences.

Still, without knowing exactly what sort of questions the officer may ask in the interview, it's hard to pin down what language level on the CEFR scale is expected.  From what little information is available, I am guessing that proficiency in the CEFR B1 range would be acceptable, though it would be nice if this could be confirmed with an official or at least a more authoritative source.


texts: Can a denied motion to intervene be appealed in itself?

texts:
From Wikipedia's article on intervention:

Rule 24(b) provides for permissive intervention, which is subject to the discretion of the judge hearing the case.

If the judge hearing the case denies a motion to intervene, can this (denial) be appealed in itself (to a higher court)? If not, does a denied motion to intervene still grant the would-be interventor the right to file an appeal on the substance of the lawsuit matter later?
A quick search shows that "interventions of right" (under Rule 24(a)) can and have been appealed, so I'm guessing appeal is possible for 24(b)... (Both the original plaintiffs and defendants are "appellees" in this 24(a) case I found, and the movant is the appellant.)


texts: I have created a card game, the idea is somewhere between poker and slots. I hope to create a website to monetise the game but do not know whether I am able to patent the game in order to stop big companies from stealing the game. How effective is a patent at protecting a card game? Also, if so, then must I patent all small variants of the game also? It should be noted that I am from Australia where gambling websites are legal. Thanks.


texts: I was wrongly identified for wage garnishment to whom can I make a complaint to?

texts:
Here is what happened:

Performant Recovery Inc got an administrative wage garnishment order from US Department of Treasury
They wrongly identified me as owing student loan debt (i.e., the last four SSN digits on the garnishment order are not mine)
I caught this when my employer notified me of the order before any wages were garnished so I technically suffered no harm (at least per Scalia's definition :insert eye roll:)

To whom can I make a complaint to about Performant Recovery wrongly identifying me? I hope the system has some mechanism to hold a company accountable for this.


texts: How do I dispute a correction after buying a car that was not as advertised?

texts:
I recently bought a 2014 Toyota Prius c in Ogden, Utah, USA. It was listed on the dealership's site and sold to me as a Prius c Four, which is the high-end trim with features like a reverse camera, one-button start, heated seats, etc.

While looking at it, I noticed the reverse camera I was expecting were missing, and mentioned to the salesman that I thought the c Four trim had one. He went to verify that it was indeed a Prius c Four, and returned and verbally affirmed that it was a Prius c Four rather than a One or Two. I figured I must have misunderstood something during my research and didn't think much of it.

To buy this car, I took out a loan for about $14,000 from my credit union. I've been with this credit union for several years. I was told my credit union has some sort of partnership with the dealership for financing.

When I got it home I spent some time familiarizing myself with the various controls, and it became clear that more than just the camera were missing. I finally ended up entering the car's VIN into Toyota's site, and discovered that the automobile is in fact a Prius c Two.

I contacted the dealership about this, and they did whatever they do when there's a problem like this. I was told a day or two later that they had bought it from another dealership incorrectly-coded as a Prius c Four, and they were working with the other dealership to come to a solution.

I did some more research, and found that when new a 2014 Prius c Two sold for about $4,000 less than a 2014 Prius c Four. Scaling the price to what I bought the car for, I should reasonably expect a price difference close to $2,000 between the two trims with identical mileage and wear & tear.

Today I got in contact with the salesman again, and he told me that they had sent me a check for $500.

TL;DR: I was sold a car as a higher-end trim than it actually was, and after contacting the dealership they have mailed a check for much less than the price difference between the two trims.

In my mind a fair resolution would be either refunding the actual difference in value between the two trims, or replacing the car I drove home in with another Prius c which is actually a Four trim with similar mileage and wear & tear. I am certainly not willing to accept the small amount they're sending.

How do I go about contesting this "solution"? What are my options?


texts: Did they not require any kind of passport or identity when traveling between countries before the year 1914?

texts:
During World War I, European governments introduced border passport requirements for security reasons, and to control the emigration of people with useful skills. These controls remained in place after the war, becoming a standard, though controversial, procedure. British tourists of the 1920s complained, especially about attached photographs and physical descriptions, which they considered led to a "nasty dehumanisation".[14] The British Nationality and Status of Aliens Act was passed in 1914, clearly defining the notions of citizenship and creating a booklet form of the passport.

Source: Wikipedia
Prior to 1914, could anyone just travel freely around without having to show any kind of passport or papers or anything?


texts:
I have been in an argument for the last twenty or so minutes regarding the legality of a website known as "MCLeaks" (link to terms of service), which is a purveyor of free Minecraft accounts by way of users uploading their details to them. The Minecraft end user license agreement clearly states:

The one major rule is that you must not distribute anything we've made unless we specifically agree to it. By "distribute anything we've made" what we mean is:

give copies of our Game to anyone else;
make commercial use of anything we've made;
try to make money from anything we've made; or
let other people get access to anything we've made in a way that is unfair or unreasonable;

unless we specifically agree to it. And so that we are crystal clear, "the Game" or "what we have made" includes, but is not limited to, the client or the server software for our Game. It also includes updates, patches, downloadable content, add-ons, or modified versions of a Game, part of those things, or anything else we've made.

While the MCLeaks page states:

Uploading MC Accounts

If you are submitting an accountlist, you provide that you have full owner rights at the specified accounts you submit.
The accounts will be automaticially uploadet to our service, and shared with the community.
The accounts are stored in our database and get completely deleted after 7 days.
You are responsible for every account you have submitted to our service, we are not legally responsible for your actions.

However, I'm not certain whether MCLeaks can realistically claim that they are not liable for the actions of the uploaders.
Are MCLeaks outside of the bounds specified in the Minecraft EULA?


texts: Why can image search engines use all images without asking for permission?

texts:
I have an image on my website, which I created myself.
I have not added any license. The photo is just there.

Google is showing the image in their image search.
They also modified it by creating a thumbnail in reduced quality.
The thumbnail seems to be stored on their servers.

When you click on the image, Google shows the hint
"Images may be subject to copyright."

I know it's possible to write a robots.txt file to forbid Google to show my image. It's also possible to write them a message.

But why is Google allowed to use images without asking for permission?
I always thought you need a license or permission to redistribute and modify an image of someone else.

I am registered to the Google Search Console. Maybe I granted them the right to use my image there, but I don't know.
I cannot find the image on bing, yahoo or duckduckgo.


texts: How will PhD students who have no course requirements anymore, be affected by the latest ICE ruling?

texts:
A new announcement was made by ICE today, which intends to remove international students from the US whose universities have gone completely online.
For universities like mine, which are following a mix of online and offline classes, the following announcement has been made:

Nonimmigrant F-1 students attending schools adopting a hybrid model—that is, a mixture of online and in person classes—will be allowed to take more than one class or three credit hours online. These schools must certify to SEVP, through the Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” certifying that the program is not entirely online, that the student is not taking an entirely online course load this semester, and that the student is taking the minimum number of online classes required to make normal progress in their degree program. The above exemptions do not apply to F-1 students in English language training programs or M-1 students pursing vocational degrees, who are not permitted to enroll in any online courses

I am a PhD student who has completed his comprehensive exam, and does not have course requirements anymore. Will I be required to take in-person courses in order to maintain my status? My department allows post-comprehensive exam PhD students to take a maximum of two courses for the rest of their stay in grad school, and that is also subject to availability of funds.


texts: If someone lets you use their (e.g. Netflix) account, is it legal to let others use it?

texts:
If someone gives me the credentials to login to a streaming site they have an account for, would it be illegal for me to share the credentials with someone else?

For example, if Joe tells me the username and password so I can watch Netflix on his account, would it be illegal for me to share it with Bob? Would it make a difference if I created a separate account for Bob (but still under Joe's subscription)?

Assume there is nothing in the terms of service prohibiting accounts from being shared. To my understanding, this comes down to if the license Joe granted me is sub-licensable or transferable. I heard it often depends on if the license was paid for or free. I'm asking this question to learn about the law, obviously the best course of action would be to ask the owner if it's ok to share.


texts: Is what the customer service of a health insurance company tells one of their customers legally binding?

texts:
In the United States, is what the customer service tells a customer legally binding?

Example: A customer calls their health insurance company, they say X is covered, 1 month later the customer receive the bill where customer sees X was no covered. Can the customer claim coverage based on what customer service told the customer?

The communications between the customer and the customer service are either by phone or email. All calls are legally recorded, and emails are saved.

If the answer is State-dependent, I am mostly interested in cases where the customer lives in California or Massachusetts.


texts:
If a vendor clearly ignores PCI-DSS regulations and puts my personal credit card information at risk, is there any legal action I can take against them?

In the case at hand, a vendor first scanned my hand-written order form with a phone (likely a personal smartphone) and then sent that scan to me in an unencrypted email. But this is not the first case in which a vendor has mistreated my information like this.

While I have not (yet) incurred any actual damage, I would like to be able to do my part in making vendors aware of their obligations. So far I usually send a nice email reminding them of the PCI-DSS regulations. But I always feel like that these emails are ignored at best. Is there some form of cease and desist that I can apply in this case? Is there a place or organization that I should notify? Should I sue them?


texts: Remotely working from France for a US company (repost asked by mod)

texts:
I'm French, I live in France and I'm considering applying for a remote job in a US company. Are there any legal issues that would prevent me to do so? How would the time spent working in a US company affect my future retirement plan? What about the things any French employer contributes to such as "la sécurité sociale"? Can I lose some benefits in France by paying my taxes to the US? Are there any tricky things I should know about this situation?
Repost asked by Remotely working from France for a US company


texts: How can I integrate open source licenses, such as MIT, into my own open source project when my code is unlicensed?

texts:
I want to use a portion of an existing project that is licensed under MIT. MIT seems to state that I must include their license in my work, but I don't want to use any license for my own work (i.e. unlicensed). Merely copying their license into my project makes it look like they wrote my entire project instead of just a portion of it.

What is the correct way to integrate someone else's open source license into my project such that I am compliant with the requirements of their license, acknowledging their contribution, but remain able to license my own project a different way, including unlicensing my own work?


texts: What is the legal meaning of "related to"?

texts:
I'm filling out a paternity affidavit right now. The instructions say,

  The parents of this child or anyone related to the parents cannot be witnesses to any of these affidavits.

This cannot be interpreted literally, as all human beings are distantly related to each other. Surely in order to claim paternity of my child I do not have to rustle up two extraterrestrials (or an extraterrestrial notary public). Even if it is taken to mean "provably related to," that seems problematic. Birth records go back a long way, and I've certainly met people and only later coincidentally learned that they were my fifth or sixth cousin; it would be unreasonable if I used a notary who happened to be my fifth cousin and that fact could later be used to invalidate my paternity.

How closely-related to me or my partner does someone have to be in order to be considered "related to" us for this sort of purpose? (I'm in the United States — Missouri, to be precise.)


texts: What is an arbitration between two companies...?

texts: I was involved in an accident and now my insurance and the other persons insurance couldn't come to an agreement as to who is at fault. I called the other person's insurance (Geico) and they're telling me that is an arbitration with my insurance and could take 3-4 months! What does this mean?


texts: Odd utility billing in Florida by property management companies

texts:
Here in Florida there's been a migration in the way tenants of apartments are billed water, trash, sewer, and pest control.  It used to be that the local municipality billed the tenant directly for their exact usage.  Now, management companies are using 3rd party billers, of which there's a marked increase in the cost of utilities.

There are two popular methods of calculating these utility costs applied by most management companies.  The first is to bill for exact usage.  In this case the management company receives your metered bill, pays it, and then has the tenant billed by the 3rd party which is then added to the rent payment.  The second is to use an algorithm to "share" the cost among tenants.  In these cases the algorithm varies but in all cases the tenants who use less pay for the tenants who use more (this is always included in an addendum to the rental agreement).

Regardless of the method, management companies refuse to show the original bill so that the tenant can independently verify that they're being charged the correct amount.  Further, many will lie and claim they have nothing to do with the charges and that it's completely controlled by the 3rd party biller.

Does the tenant have a right to see the bill and verify that the required payment is correct?  What remedies might be available to the tenant in Florida should the first question prove true (and the landlord or management company refuse to provide documentation)?


texts: Is deadly self defense in Germany legal?

texts: Since I am an American in Germany I have had this discussion with a few Germans but haven't got a concrete answer. If i am at home in Germany and someone breaks into my house and I see that they have a gun am i allowed to use a gun that I have legally or a knife as self defense?


texts: Close family member got me intro trouble in my home country, unsure how to proceed

texts:
I have immigrated from European countryA to European countryB several years ago. Before I left I was operating a small business with a close family member, they were taking care of the accounting/tax issues with their close accountant. I did not care to check very extensively about any wrong doings because they were family and I could not comprehend a fraudalent action on their behalf (never do this kids).

Long story short I have discovered the following:

1) Without my knowledge or consent they opened a bank account and gave two checks worth 16.000 euros. Of course the money did not exist in the bank, the checks were denied, I was procecuted and trialed without me knowing everything or attending a trial. This happened more than 5 years ago, I did not know it because the mail was stolen from my house at that period from the same person. Everything was forged and nothing bears my signature

2) Some debts on my behalf were created to vendors, debt recognition forms were signed on my behalf, I have never seen or signed those papers

3) Taxes of almost 30.000 euros were unpaid.

Now some good things
1) Proving the forgery I assume should be easy, I write with my left and the signatures do not resemble mine at all, they do not even exist in my official documents, my signature is totally different

2) The person who did this (as I learned recently) has been convicted of forgery and usury 10 years back and my record (besides these) is clean. Plus my job is totally different at this point and I can provide my paychecks which will definetely show that I was in no need of any kind of financial assistance for many years (remote worker with western European salary in eastern Europe)

3) There are many clients who are willing to testify that they have never seen me, and vendors, and that they have been dealing with that person for the entirety of their transactions

4) They have unknowledged on emails their guilt (by starting to pay off the debt in the tax services)

My questions mostly have to do whether these actions will have an impact in my life in this country which I have strived to build:

1) Can the tax services in countryA confiscate accounts that are opened in countryB by me?
2) Do you think based on these that I have case?

My primary concern is whether they can confiscate or do something to my property here until I figure all this out.


texts: Is there any specific law outlawing private nuclear weapons?

texts: I am not asking about any indirect or circumstantial restriction. Is there any law in any country preventing me from owning a nuclear weapon there? Is it a plutonium license or something specific to nuclear weapons?


texts: Legal Backups: Can copies of other owners' backups be used?

texts:
Many legal systems protect the rights of legal owners of copies (of copyrighted works) to backup these copies. If I own a DVD or a book, I can* rip that DVD and scan that book to a PDF. But what if you are not an expert on video codecs, or do not want to buy a book scanner? You could theoretically pay someone else to backup your book or DVD. But considering that your copy is identical to millions of other copies of the original copyrighted work, what if technically your backup was a copy of one of the other copies? If 100 people sent in a book to a company to copy it to a PDF for them, could that company just copy one of the books and send everyone the file? Or would the law require them to individually copy each book, creating identical PDFs every time, and send the specific PDF to the corresponding customer? Expanding this, if I own a book or DVD, can I just download a backup someone else made?

*Some of this can be a legal grey area, but that is outside the scope of this question.


texts: Can a friend testifying in my defense on a marijuana possession charge also be charged?

texts:
I was recently arrested and charged in Missouri with possession of under 10 grams and 1 paraphernalia charge in my vehicle. I consented to be searched having confidence that nothing was in my car. I was just speeding. Little to my knowledge, my friend had left his grinder and pipe in my car from the previous week. It was found, and I was charged. I know I messed up when I allowed the officer to search my car, but I was confident nothing was there. I told the police it wasn't mine.

I contacted my attorney and let him know what happened. He asked if my friend would testify in my defense, because they have to prove that it was mine and that I knew it was there in order for me to be charged.

My friend is scared to testify because he doesn't want to get in any legal trouble. If he was not in the car, and he is not possessing anything right now or anytime during the case, would he get in trouble for backing me up in my case?


texts: Using plural pronouns in a contract for a single entity

texts:
In regards to an NDA between a company and one person (employee or outside contractor), should the term "we" and "our" be used instead of "I" and "my"?

For example, here's a clause from my NDA:

We shall never, either during our dealings with COMPANY NAME or at any time after our relationship with COMPANY NAME ends, disclose any COMPANY NAME Proprietary Confidential Information to any third party...


texts: Is the fiduciary relationship built upon shareholder interest or will?

texts:
Under corporate law, fiduciaries (such as directors or executives) have a duty to act in the best interest of a firm's shareholders. This usually takes the form of increasing share value or the payout of dividends (and implicit in this argument is that the best interest of shareholders is the improved return on their initial investment).

However, what if it is the will of shareholders for the firm to engage in activity that apparently goes against their interests? I imagine this is prevalent in group situations, where transfer pricing possibly allows the parent transferee to enjoy suppressed prices charged by its subsidiary transferor.

In general, my question is: does corporate law uphold shareholder will or interest?


texts:
Most countries have same law that makes it illegal to discriminate against someone because they are a member of some protected class. But what happens if A believes wrongly that B belongs to some protected class and discriminates against B?

For example: Say in the USA the new owner of a company fires all male gay employees. He also fires Bob, who he thinks is gay, but who actually isn't. Would Bob be protected by anti-discrimination laws?


texts: Does jumping a fence between two public spaces constitutes trespassing or other law violation?

texts:
I noticed that many places, specially in the United States, have fences separating two streets, even for pedestrians. My guess that the streets are not connected for cars to calm the traffic on residential streets and to relieve congestion on main roads, but the segregation for pedestrians also seems more to intend to lengthen the trips for people walking, thus forcing them to use cars instead.
Since both sides are public spaces, thus crossing those forbidden passages does not seems to constitute trespassing at first, but would that constitute another violation?

Here is an example of such kind of fence


texts: Can you have a legally binding agreement in a "Without Prejudice" email?

texts:
I have an outstanding claim against a company. They have agreed to settle before the hearing, but, it is subject to me filing a notice of discontinuance to the court which is understandable.

The entire email chain, including the offer was marked without prejudice - which I fully understand whilst we were discussing it.

Whilst I don't trust the company, this agreement was made with their solicitors and I believe it will be done honestly, and I am happy to sign/send, however, I am wondering if this is legally correct?

Should the last email confirming be sent without the without prejudice tag, or, is an agreement within an email legally binding?


texts: Is it advisable for a person write his own contract if he is good in english but don't know legal jargon?

texts:
A lawyer scared me by saying, yes you can right your own contract but chances are most of your clauses won't hold in court cause you don't know legal jargon.

However, I know english and my english is somewhat ok. I've written technical procedures before.

To be specific I'm writing a legal document for a contract agreement between myself and a sharholder of my company.


texts: Liability for felony theft in Massachusetts

texts:
I recently discovered that my recent ex-girlfriend had been stealing money from me. She had stolen my credit card information and used it to purchase Visa Gift Cards on Amazon. This occurred during the last couple months of our relationship, totaling to around $700. After we split, she also used the card for an Uber ride (not the main concern here). She is also refusing to return a $300 AC which I never had to chance to pick up after we split. I have written confirmation from Amazon that her account was used to make the Visa Gift Card purchases and the receipt for the AC. At no time did I give her permission to use this card or any of my cards without consulting me first.
My understanding is these together constitutes a felony. But the situation is complicated. We have a child together, so my concern is that if I bring this up in small claims court, it will have a large negative impact on my son's life (because anything bad that happens to her will trickle-down to my son). She has also been stealing clothes I purchased for my son. She did this by refusing to return clothes my son was wearing when I dropped him off to her for her visitation time. Since I caught on to this, I have made sure I return him in the clothes she had him in when she returned him to me.
So, my question is, what possible consequences could she incur? Is there a common ruling for cases such as this? What's the worst that can happen?
Thank you.


texts: Do Sunday working hours count towards overtime?

texts:
Apologies if this should be in Workforce Exchange...

I live and work in Massachusetts, US as a full-time, paid hourly, retail worker.  I work Wednesday though Sunday.  In Massachusetts, I am entitled to time and a half on Sundays.  In the US, I am entitled to time and a half per every hour over forty hours during one week.

Here's the rub, I never get overtime because my place of business counts Sunday as overtime.  For example, if I work eight hours on Sunday, and then nine hours for each of the next four days, I will have worked forty-four hours.  However, because Sunday is considered overtime, I only get eight hours of overtime pay.

I am wondering if I should get twelve hours of overtime, eight for working the Sunday, and then the four for going over forty.

My Massachusetts source has been: mass.gov...

And for the US:  dol.gov...

The US wording confuses me:

  Unless specifically exempted, employees covered by the Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, as such.

What does that last sentence mean?

Should I be getting paid more than I am?


texts: Is there a difference between the legal meaning of the term "ordonnance" and "statutory instrument"?

texts:
We have currently a debate at the Wikidata Project Chat about whether the term ordonnance (the idea that it's equivalent to the German word Verordnung) and the term statutory instrument have the same legal meaning.

Is the meaning the same? Is one a subclass of the other?


texts: What can a person do if this person see his/her property being damaged or stolen?

texts:
Most people definitively would be very upset when seeing his/her property being vandalized or stolen and the reaction would range from simply shouting to even using deadly force or simply being afraid. Under US law people have the right of defending their property, but it is not clear for me what would constitute the "defending".

What is the farthest extent that one could go to defend property, when no life was in danger?


texts: When can you avoid libel by preceding a false statement with "Sources say" or "I heard"?

texts:
Suppose the New York Times writes "Sources say the celebrity John Doe raped his daughter"
and they truly found two anonymous people (i.e., two sources) beforehand with that claim.

How responsible is the company in civil court if the claim is false?

Of course, the company will lose readers as its reputation for finding good
sources falls, but I'm wondering how egregious of a statement would be permitted
before New York civil law would punish it further.

I assume the company would have civil liability if they knew the claim was false and simply had knowingly found two liars, right?

But, if the company had the tiniest suspicion of truth, are they instead protected from libel?  It seems the news is quite free to propagate rumors, so
I'd like to know the limit.  Are there precedents of libel like this where the
publisher never actually lied?


texts: Are there any remedies for abusive or insulting behavior by agents executing a search warrant?

texts:
Suppose I am a particular person who maintains a clean and orderly residence.  I have a sign inside my front door asking visitors to put booties over their shoes before entry.  Now some LEOs show up with a search warrant for the residence.  Is there any obligation for them to respect my property and order?  For example, it would not hinder their search to wear booties over their shoes while indoors.  Or to wear gloves while rifling through my drawers.  It might take some extra time, but if they were respectful they could carefully remove the contents and return them in substantially the same order as originally found.

What I have heard is that the reality is agents are usually careless, and often abusive in executing searches: E.g., they don't just look through drawers, but if they're in a foul mood they dump their contents on the floor and then stomp through them.  They may even use this to threaten the occupants: e.g., "Tell us where X is or we'll make this messy."  The only legal requirement I am aware of is that they "reasonably" secure the premises before leaving, meaning that if they broke down an exterior door or window they have to board it up.

One real-world example I recently reviewed was featured in Wired: An interagency task force with a no-knock warrant broke down an unlocked door and, before they were done, thought it amusing to leave a dildo they found propped conspicuously on a bed.

In practice are there any restraints on such misbehavior in the execution of warranted searches?  Are there routine remedies for damage incurred in the course of a search?  And do any remedies exist for non-material damages – e.g., insult to the dignity or property searched as suggested at the beginning of this question?


texts: Is it legal for a "ready-to-be-divorced" billionaire to donate all his money into foreign charity?

texts:
Is it legal for a preparing-to-file-for-divorce billionaire to donate all his money into a foreign charity, give up his current citizenship and then become a high official of said foreign charity if the billionaire doesn't want to give part of his net worth to his wife?

Note: The foreign charity's CEO is the billionaire's father.


texts: What legal consequences might reasonably arise from marking marriage status on tax forms incorrectly?

texts:
I want to get married through a confidential marriage license (I'm a California resident), but I don't want my accountant to know (for annoying family reasons). If he later goes through my tax forms and marks my marriage status as "single", can I reasonably get into trouble?

If there are any other legal issues that could arise, I'd like to know as well. This just happens to be the one that my partner and I are afraid of.

I apologize if more context is needed; I'm trying to strip my issue down to the bare minimum and am happy to provide more.


texts: Is a term stating the contract can only be changed in writing, valid?

texts:
For example https://www.lawinsider.com/clause/no-modification

  No Modification. This Agreement may be changed only by a writing
  signed by both parties.

I know a contract is still binding without a signature, and even if it's not in writing. So are these types of terms enforceable?


texts: Can internet providers use navigation data for advertising / profiling?

texts:
My internet provider knows which sites I am connecting to (even if only the server names, when using https). Can they legally use that information for profiling / advertising? For instance, if they see me visiting www.babynames.com they might decide to send me ads for strollers and diapers.
What is the legal status of this form of profiling? I am interested about Italy personally, but answers about other legal systems (EU/GDPR in particular) is also welcome.


texts: Can a company print the wrong Net. Weight on a product?

texts:
Are companies allowed to use old packaging (900g) on their new product which is (650g)?

Here's the story.

The product is a pita bread. My dad started buying this brand since it weighs more and costs less only to find out after weighing that the product uses the wrong package.

I called them and they said: "Yeah we had some of the old packages so we used that, what's the big deal?"

Is this allowed in Ontario?


texts: My step-dad gave my son who is 24 years old and is eligible to own a gun legally  all of his guns before he died. This includes several shotguns, rifles and handguns. He died with no will. My son was also his power of attorney. We may have to sell a couple of these guns to help pay for my step-dad's final arrangements. What should we know regarding legal ownership and the sale of these guns?


texts: How can I classify and pay contributors in my open source project?

texts:
I am setting up an "open" source project. The source code is available for educational and personal use and modification but not for selling or redistribution.

In this project, I expect that many individuals will contribute code. The code can measured and a ranking of the top 10 contributors can be generated.

The project will have a revenue through ads. I want to do two things with this revenue:

If there are money and the project is making a profit, to split the money proportionally based on the ranking of contributors.
If there are no money, then no pay to anyone.

Conceptually, I believe I can give the money I make from ads to anyone I please (after taxes have been paid through 1099). What I don't know is how this transaction (exchange of money) is classified.

Is it a donation? Are the contributors volunteers that may end up getting paid or not? Or are they contractors that do the work with hopes that they may get paid but understanding that this is contingent on ad profits. Have there been historically contractors that did the work but expected pay only when a project succeeded?


texts: Visiting Texas would I have the right to defend myself with a Texas residents firearm whom I'm staying with?

texts: I will be visiting Texas and staying at my girlfriend's home. Would I have the right to defend myself with her firearm in the case of a burglary etc, or would I be in big trouble?


texts: Would an automatic download for LGPL libraries be permittable under LGPLv3?

texts:
Disclaimer: I am not a native English speaker NOR am I versed in the law beyond the basics you learn in highschool-/uni-courses.

I am writing a software which uses LGPL licensed libraries. From studying the LGPL text (well mostly googling and reading explanations from random people on the internet) I understand that I will have to either have to

a) include binaries & sources of the used libraries with my software package
 b) ship my software without the libraries and tell the user to get them themselves

I am wondering/unsure if my including a utility that downloads the required binaries onto the user's computer, instead of having them do it themselves, would be permissible/compliant to the license terms of these libraries?

Question: Would the practice described in the last paragraph work, or are there issues that contradict with the license?

Linking: https://www.gnu.org/licenses/gpl-faq.html#LGPLStaticVsDynamic
LGPLv3: https://www.gnu.org/licenses/lgpl-3.0.en.html
GPLv3: https://www.gnu.org/licenses/gpl-3.0.html


texts: How to get the law to acknowledge that the son is my son in Indonesia without getting married?

texts:
I knocked up my girlfriend.

I don't want to get married.

However, I am willing to financially support her and her child. I just don't want to put up with bullshit of alimony and all. I may also want another girl to be my sugar babies.

For Indonesian, I am very rich. I am far richer than my girlfriend of her family. That's how sugar relationship works.

Indonesian laws said that paternity test can establish a child's right. That seems to be the issue when the father wants to run away and the mother or the child want the child to be acknowledged.

My case is simpler. I want to acknowledge my own son. I have absolutely no problem with that.

However, I don't know how.

A way to do it is to marry her but that really sucks. I hate marriage.

I asked a few lawyer in Indonesia and they said that the only way my name can show up on the baby's birth certificate iss by marrying the mother. I don't want to get married.


texts: Is the suspicion of unnecessary travel during "shelter in place" statutes sufficient probable cause for a traffic stop?

texts: Many state governments have declared temporary "shelter in place" statutes due to Covid-19 that restrict unnecessary travel by vehicle. I know this will vary by jurisdiction: but generally, is the suspicion of unnecessary travel sufficient probable cause for a traffic stop and questioning the driver and passengers as to the nature of the travel? Is probable cause not necessary under these temporary "shelter in place" statutes?


texts: Evidence found during police search of incorrect address listed on search warrant

texts:
A warehouse is a single structure with several divided units separated by concrete walls. These units have different sequential addresses;

1000 Fake St (unit A)
1001 Fake St (unit B)
1002 Fake St (unit C)
1003 Fake St (unit D)

Lets say a person is selling marijuana from unit C. Police get a search warrant for unit C but mistakenly enter the wrong one (unit B). Inside of unit B, Police find 1 lb of marijuana.

Can this evidence be used against the suspect who is listed as the renter/owner of unit c?
Can the renter/owner of unit b, be charged for the marijuana?
Is this evidence even admissible in court?
In a situation where a judge doesn't allow the submission of this evidence in any case. Can the rightful owner of the marijuana ask for it to be returned even thou it is illegal in the state?


texts: Can a person or business be charged for shipping something that is prohibited in one state but is federally legal?

texts:
New York state is banning all flavored nicotine products and nicotine base for making e-juice tomorrow. What would happen of somebody in say, California shipped one of these banned products to New York? The law caries a penalty of a class a misdemeanor.

How do state level regulations like this work? Can they legally charge a person if they are not in New York? How would they even begin to gather proof that somebody mailed it? Subpeona a post office in a different state? Does a state even have that authority? Would the post office legally have to comply with the subpoena if it wasn't a crime where they were located?

Or what about an international shipment?

I don't know much about law and am not even a retailer of said products or even live in New York, but this just got me thinking... I can't imagine this law could be enforced expect for physical stores in New York breaking the law?


texts: Similarity between drawing and photograph - What constitutes infringing upon the photographer's copyright/ intellectual property?

texts:
I came across a discussion where a photographer attempted to reach out to an online clothing store for using his/her intellectual property without permission. (Pictures below)

In my opinion, the photographer is stretching the definition of derivative works in their claim, as the drawing is pretty abstract, and there is no evidence that it was indeed derived from said photograph.

Therefore, I'd like to know if the photographer is justified in their claim.

I've read this question, but it isn't quite applicable to this scenario, I think.


texts: I live in one state, work for a company that is headquartered in another, and go to work in a third state. Whose overtime laws apply to me?

texts:
I'm located in Virginia (though I'm almost positive that doesn't matter). The contracting company I work for is based in Maryland. I work in a federal building with federal workers in Washington, DC (but I am an outside contractor, and am not a federal employee myself).

Whose overtime and labor laws would apply to me? Would it be only the Federal Government's, DC's and Fed's, or Maryland's and the Fed's? Are there any special circumstances that would change the answer to this question?

I did some googling, and the general consensus was that the laws apply based on where you do the work, not on where the company who employs you is based. That being said, I could see these rules being different for a full-fledged State vs. DC, or for working on a Federal Site.

Edit: I'd like to state that I disagree with this migration from the Workplace Stack Exchange, as this seems to go against the stated goals of this exchange as a place for those with a legal background to interact. That being said, I won't turn my nose up if someone has input and can answer my question. I apologize for what I believe is an invalid post for this exchange.


texts: Is there a good defense against libel if a fictitious character is clearly a "composite?"

texts:
The name I had in mind was "Hillary Rice Whitman," the first female President of the United States. Maybe I'd make it Hillary Elizabeth Rice Whitman.

Is the creation of the "composite" a strong signal of fiction?

Or, conversely, if one of those three or four people sued for something derogatory, is a plausible defense, no, that wasn't you, that was one of the others?

Of course all these people are public figures so they would have a high "bar." But suppose they weren't public figures?


texts:
I told my landlord that I will only be living in the apartment for half a school year because of my early graduation. I told him that my girlfriend would be taking over the other half of the school year, and he was onboard with that. The contract states that she will take over my contractual obligations at some point during the term of the contract. All three housemates including myself signed the contract. However, my girlfriend never signed the lease. Her name is listed but there is no signature. She decided to transfer schools and will not be living in the apartment.

The landlord is now saying that I am legally obligated to pay for the rest of the lease, and she is off the hook since she did not sign. He said he will be taking me to court  to have the judge decide. Am I legally obligated to come up with the rest of the payments?


texts: Conflicting wills in case of a small business

texts:
Two business partners make a signed and notarized agreement that if either dies or becomes permanently disabled then the other inherits that share of the business.

One of the partners dies and is found to have a will that leaves all of his estate to his wife.

Both the business partner and the wife try to claim the share of the business owned by the deceased. How is this conflict resolved?