texts: How can I tell whether my 4th amendment rights have been violated?

texts:
From what I understand, a police officer can stop and harass (detain and ask questions with zero apparent "probable cause") all their hearts desire without being required to tell the detainee what the reasonable suspicion is (if any).

Before taking a cop to court for harassment or for deprivation of civil rights and liberties, how can a person (or their lawyer) know whether they have a case or not? (So that they don't go to court like blindfolded, not knowing the facts)

Let's say I happen to look like one of their people on their "wanted" list. If he doesn't tell me, I could certainly believe he was harassing. How can this type of confusions be avoided with the current laws that allow the cops to lie?

In case there is no way of knowing, thus no way to sue (or much harder than it would otherwise be), would this seem like a loophole that practically abolishes the 4th amendment?

Edit:

In case they really can't tell you the reason because it's somehow better that way (and if we like the idea of innocent until proven guilty), why do they not just say so, like "sorry, but I cannot tell you that" instead of making up all kinds of mind boggling and inteligence insulting excuses?

It almost seems like they have to articulate "a" reason

All answers here say that cops are not required to give a reason for the stop. Can somebody back that up with an actual law or case law please?


texts: Copyright of cartoon characters in a mobile app

texts:
I'm developing a mobile application and inside it, I have some customization options. I was interested in using designs, colors and ideas based on famous cartoon characters. For example: Wolverine's claws with a yellow background, Captain America's shield, Superman's symbol, Batman's face... etc...

So, I'd like some information about this.
Can I use those images in the first place? What are the implications?

I know that I can't use a full batman drawing from an artist, but how about the batman symbol (which is universally known and used everywhere). Is there a difference?

And finally, If I do get a C&D order, can I simply remove the content and avoid any further legal implications?

Thank you very much.


texts: What happens if a country refuses to take its citizens back?

texts: With the covid-19 pandemic Argentina decided to establish limits for the return of its citizens and some of them could return to the country 5 months after this decision, and they had to remain for that time in foreign countries. As far as I know many countries let you stay in their borders for 6 months if you arent a citizen. What can happen if a country decides not to allow return to a large amount of citizens like this, which measures can be taken against citizens in the foreign country with a decision like this? Would they acquire a status of refugee or something or would they be considered criminals?


texts: Are criminal and civil cases pursued differently if the victim is a celebrity?

texts: If a person attacks a famous footballer/soccer player, who is worth millions of dollars, by causing him severe physical damage, and the perpetrator happens to be identified and tried, will this attacker be punished according to penal law only or will they be also sued by the club owning this particular professional player and then face another trial against the club he plays for? I mean, yes, a crime against a person is always a crime and this highly condemnable, but is the thing usually managed differently when the victim is a celebrity?


texts: Are unaudited server logs admissible in a court of law?

texts: Are internal server logs produced by a firm that has no standards compliance certification and does not conduct any third party audits admissible as evidence? If not, what certification is generally sufficient?


texts: In Indonesia, can a clerk of courts be made to issue a court's decision without a bribe?

texts:
A friend of mine sue someone else for divorce. The wife appeals. It took 8 months from the time the decisions is made until the country court raise the documents to the high court.

The high court doesn't upheld the country's court decisions quickly. My friend got the message on January 2016.

Now, it's March 2016. The decision is already there. All the court clerk need to do is to tell the decision to the opponent. Then the opponent will have sometime to appeal again.

The wife is a little crazy. She would appeal just to postpone the divorce to hurt her husband due to her religious beliefs. She has no money, does not understand the law, and cannot do anything to challenge the court's decisions.

Here is the catch. The court clerk simply didn't do his job.

We consult lawyers and the lawyer told us that court clerks have unlimited amount of time to notify the wife.

That's it. The court clerks can postpone doing his job indefinitely. If we want this to happen faster, we got to bribe court clerks.

I already knows that justice in Indonesia sucks. I have no idea that the laws is this depraved.

It seems that the case has been common. Many court decisions could take decades. Someone who occupy another house illegally can keep postponing any court decisions without any merit, for example.

So how should I speed the court clerks' job within reasonable amount of time without having to bribe him? Bribing is also punished severely but done so commonly lawyers consider that part of the game.


texts: What would have happened to Mel Gibson and Danny Glover in real life?

texts:
In Lethal Weapon 2, the bad guy — if memory serves, a diplomat from South Africa — commits a bunch of crimes. Then, as he's getting away on a yacht, he taunts the policemen characters played by Mel Gibson and Danny Glover, waving a diplomatic passport around and saying "Diplomatic Immunity!". At which point, the character played by Glover promptly shoots him in the head, using a clearly legal response of "... just been revoked".
Now, this being a Hollywood film, they rode off into the susnset sequel; but what would the likely consequences have been, both for them as police officers as well as for United States, if this had happened in real life?
I would especially prefer answers that reference specific actual precedents of a similar occurrence, or established formal rules.


texts:
I was contacted by an employer by phone. He said that he had found my CV online and liked it very much. He told about his idea ( a software program) and said that he is setting up a team, though there is no one there yet. He asked me to sign a Non Disclosure Agreement (NDA) because he has already told me about his idea and emailed the NDA to me.

I am unsure whether it is safe to sign NDA with someone I talked only on phone. So I would like to know is there any harm in signing NDA? And, will there be any consequences if I refuse to sign it ?

Thank you very much!


texts: Is posting the wrong photo of a criminal suspect actionable defamation?

texts:
Sometimes police or others will post an incorrect photo (or name) of a person and mistakenly identify them as a criminal suspect. For example, ATM video cameras do not sync transactions with the video, so it is easy for banks to get the wrong person's image when they review video from an ATM that was used for a criminal purpose.

So, in the case linked above the bank sent the photo of an innocent person to the police and told them that the person had deposited fraudulent checks. The police then posted the photo to Facebook and identified the person as wanted in a criminal investigation. Obviously this is damaging to a person's reputation, but is it actionable? Does the innocent person have a defamation case against the bank and/or the police?


texts: Is it against law to implement security theaters?

texts:
In cybersecurity, we have a subject called "security theater" which means implementing a feature that only looks like a real security mechanism but doesn't do anything literally.

Is it against the law for, let say, a company to implement a layer of security which is indeed nothing but a theater (in both deliberately and indeliberately cases)?

It gives false confidence for the users of the system thinking their data are protected by the machine while it's not.


texts: Clarify this legislation - electrical plugs

texts:
I've just bought a portable welder in the UK from a large reputable online seller.

The product came with no plug attached, just three bare wires. It says no one on the product description that there would not be a plug.

I've tried to look into it and I believe it is illegal to sell a product without a plug.

I think this is the legislation: here

Can someone just confirm or correct me here please?

I am in the UK and it was purchased from a UK website and UK seller. It was purchased brand new.

Thanks!


texts: How to protect against claims of joint corporate ownership during a divorce?

texts:
I am (happily!) married. But I am also a software engineer, and as such, try to consider every possible path of events ahead of time.

I am about to start a Nevada-based LLC, although the company will be located in NY. Some of the funding for the startup is coming from grants and loans, but some of it would be coming from the joint checking account that belongs to both my wife and I. Let's make it simple. Say the startup costs $10. $6 is coming from loans/grants and $4 is coming from this joint checking account. We have no prenup. I will be running the company 100% with her having absolutely nothing to do with its management or operations.

If, we were to ever get divorced (although please note: I have no plans/intentions on this ever happening!!!), I'm concerned about a situation where my wife would lay claim to owning some portion of the company. Using my simple example above, perhaps this claim would be for 20% (since we have no prenup, we split everything 50/50 and I would own 40% of the company since I/we contributed $4). Don't get hung up on these numbers, I'm just putting them here as a straw man.

My question: how to protect against such a claim, if it ever arose? That is, how to protect my ~40% in the event of a divorce? I ask because I plan on filing the LLC soon.


texts: Does a Pet Deposit change the meaning of Wear and Tear?

texts:
I am curious,  in a Rental Agreement there are the following stipulations for having pet(s) on the property:

a non-refundable pet deposit be made (Payment)

I think I can safely assume this is for any damage that might occur from having a dog present on the property.

a slight increase in the rent for a pet.

Do these preventative measures alter the Wear and Tear conditions under which a security deposit can be used for repairs?

can the Landlord take the money to repair normal wear and tear from having a pet in/on the property?


texts:
I designed some apparel for the swimmers at my high school, that was approved, which was going to be produced by my school's clothing manufacturing partner, but (long story short) the company was unable to make my design.

I found another company that has no relation to my school that can produce my apparel. I want to repurpose the apparel for the entire student body, take on this project by myself, and sell the apparel personally, but it contains my school's logo in the design. Would it be illegal to sell apparel to my fellow students if it has my school's logo on it and is not strictly approved or managed by my school? Does making a profit versus just selling them to break even change anything either? I go to a public school in the US by the way.


texts: Can an investor block new investment in a software company in order to cause administration and buy assets?

texts:
I have a friend who is the CEO of a software startup. As with many software companies a large amount of value of the business lies in the software code, and data which has accrued over time.

An investor who owns around 30% of the business is blocking new investment into the business. As the business only has around 2 months runway, it is likely to go into administration after 2 months.

We believe that the investor is trying to force the business into administration, so that he can buy the assets cheaply (code and data), which he will then pass to his own external development team and use it to build a new business.

Is this legal, and what can be done to prevent this happening?


texts: Is the estate I administer entitled to money after foreclosure of a destroyed house?

texts:
I am the administrator of an estate in upstate New York. Unfortunately, there is effectively no money in the estate which would allow me to hire a lawyer, so I'm hoping you folks can help.

By the time I found out about the passing, the house had lain fallow for six months. There were break-ins, burst pipes, the cops had been called multiple times but openly refused to investigate (we actually had a voicemail where the police officer explained that they didn't bother investigating reports of looting for that property anymore) which also meant there was no way to file reports with the police to report the stolen goods because they outright refused to have anything to do with the place.

The house had been refinanced six months before the passing. By the time I came on the scene, the house was in ruins and the refinancers were going crazy from lack of feeding- er, payment. I tried to ask for a stay from them, explaining the circumstances, and that I was trying to get the various paperwork and such in order. They conveniently lost almost every single document I sent them at their request, and when they did manage to track them down, would dispute them.

Meanwhile, the insurance company (as an aside, we were more assuredly not in good hands, they made the whole process into a nightmare and if I had the money I would sue them for fraud) eventually paid out a check for the personal items and a check for the damage to the house. The former went into the estate account, the latter went to the mortgage company. A week before that resolution, the lenders announced that they were foreclosing on the property.

An hour ago, I was served with the foreclosure paperwork. I don't particularly see anything that I could do to stop the foreclosure (in part because I'm not really sure what I could do, and I also live several states away so showing up in court would be difficult), and none of the heirs particularly wants the place, especially now, so there doesn't seem much point in fighting it.

So. The money from the insurance company to pay for repairs for the house is a substantial percentage of the mortgage on the house ($45,000 on a mortgage of ~$110,000). Assuming the house is foreclosed upon and presumably sold, what happens to the money? Can the loan company do what they want with the money, use it to fix up the house? Or can they short sale it and pocket the difference? What are my options here? Is the estate entitled to any money left after selling the house assuming the sale price plus the insurance money is above the mortgage loan balance?


texts: What prevents an employer from mandating vaccination?

texts:
IANAL: Would said requirement need to be found unconstitutional in order to prevent mandating vaccine in prisons, where prisoners are literally a captive audience?  The two stakeholders comprise at least prisoners & guards. What legal hurdles would such a vaccination mandate face?
CONTEXT: The headline US prison guards refusing vaccine despite COVID-19 outbreaks indicates:
Prison guards are refusing coronavirus vaccines at alarming rates..


texts: Can inappropriate trade names that have been inadvertently approve be rejected later?

texts:
I understand that the U.S. federal government rejects trade name applications in cases where the requested trade name is deemed inappropriate. For example, obscenities and certain political terms might not be allowed.

Imagine two people who file to register trade names...

Person #1 files to register a relatively unfamiliar name. It has an unsavory meaning, but the people who process the request think it's just some nonsense name made up on the spur of the moment and approve it.
Person #2 files to register a name that really doesn't mean anything. It's approved. However, it later acquires a meaning with a negative connotation.

Both persons establish their businesses and start selling merchandise bearing their trade names. However, people later begin complaining that their trade names are vulgar, racist, etc.

Can the U.S. Patents and Trademark Office review trade names that it has already approved and reject them? Are you aware of any cases where this has actually happened?

If there are cases of this happening, it would be interesting to know if the people whose trade names were later rejected were somehow compensated.


texts: As a Developer how should my contract be worded to protect against hacking

texts:
I am a web developer and have a contract for client based projects that has been improved over years and many projects.

However after reading it this month I think that upgrading the section that protects me from security breaches from nefarious activity should be upgraded and written with standards from the legal industry.

As per the comment by PatW: The question is more clearly defined as "what legal verbiage should be included in the section of a software development contract to fully protect a developer against hacks, security breaches or any nefarious activity?" Any terms, language or examples are appreciated.

Here is an excerpt as example:

Security and Data Protection

Web Designer is not responsible for the security of any and all web, data, code and digital information. Client acknowledges that no security components in whole or in part have been negotiated to fulfill and that only the most basic security precaution, one password protected login page, will be applied to said web project. All other cyber security practices are out of scope of this contract and all of its attached documents. Client acknowledges that nefarious users will attack said web project and that this form of activity is commonplace within the online space. Client acknowledges that Web Designer holds no responsibility for such actions of these individuals being persons or software (bots).

Client acknowledges that Web Designer is not responsible for any and all backup, security, administration and health of data and files. And that no party has been defined as responsible for the web project's data status, regular backups, storage or datable health of any kind during or after contractual agreements are fulfilled.


texts: Automatic website signup without user consent

texts:
I was wondering what the legality is in the following situation.

User signs up to site A.  Just above the submit button user is notified that signing up to site A will also sign user up to site B (which they may not ever use).  They have no choice.

Site A is a blog and site B is an e-commerce site, both 'owned' by the same person.

Is this, firstly, legal? If so, is it advised? Or should the user always have the option to choose whether they want to signup or not?


texts: Can Congress dissolve the other branches?

texts:
Congress has the power to amend the Constitution. In theory, could they pass an amendment repealing Articles II and III, effectively dissolving the other two branches?

This is clearly contrary to the intent of the Constitution, and could very well result in a military or civilian uprising. However, since an amendment can't be declared unconstitutional, is it technically possible?


texts: When is it illegal to play someone else's copyrighted song on an instrument?

texts:
I am learning guitar and found out that Justin Sandercoe (from famous guitar teaching website justinguitar.com) has been forced to remove some of his lessons because the song he was teaching his audience how to play was copyrighted.

Is this because he makes money off ads?

When exactly is it illegal to perform a song on an instrument I am learning?

If I don't pay a mechanical royalty am I not allowed to perform the song for myself in my own home with no one around as guitar practice? What if it's a small private party and someone busts out the guitar and plays a well known song?

What draws the line for when it is illegal to perform a known copyrighted song?


texts: Is it legal to prosecute someone for ulterior motives in the US?

texts:
Suppose someone does something you don't like but isn't illegal. Can you
(a prosecutor) prosecute them for something illegal with probable cause not because of their illegal action but because of the legal action you didn't like? Does this fall under abuse of process? Is it against the due process doctrine as the defendant isn't actually being punished for what they're being punished for on paper? Is it at least against a prosecutorial code of conduct? If so, how seriously are such codes of conduct taken?

Example: Suppose someone cheated on their wife, can they be prosecuted for the possession of marijuana if the reason that the prosecutor is prosecuting them is the cheating?


texts: Hacking devices to unlock features: Legal or not?

texts:
There are 2 models of multimeter, A and B. Physically they are absolutely identical, yet model B has some functions unlocked, that are locked in model A. B costs about $400 more than A. If one tampers with model A, features from model B can be unlocked manually.

Now, if I buy model A, and unlock features of model B, is this illegal, could the company sue me for this? Granted, I do not distribute information on how to do this, and use it just for personal use.

As I see it - I bought the tool from them, and since the software was already on there, I am free to do what I please. I understand their intent, but since I paid for the device, which already had the software on it, and I just accessed it, I do not think it qualifies as theft. The moment they handed me receipt, I have ownership of the device and everything on it, right?

Is it legal to do this?


texts: How is the burden of evidence distributed between parties?

texts:
I'm curious as to how the US legal system determines who should present evidence and how much evidence is required by them to prove one side of an argument against a counterargument.

Here's an example I thought of when stuck behind a bus this morning - I'm developing the idea as I go so I apologize if it's wordy.

This was a modern school bus that had a sign on the back which would first say "preparing to stop" when the driver begins slowing down and, presumably, pushes a button to initiate the system. Once stopped, the sign switched to a reminder that there is a camera that enforces the no passing law.

Let's imagine that the people who developed the system had the camera begin taking still images of passing cars when the system was initiated rather than when the bus actually stopped moving. Let's also imagine that the applicable law uses wording that only makes it illegal to pass the bus when it is at a complete stop.

If someone was charged with passing this bus, the prosecutors would present the image of the defendant's license plate and explain that it was taken by the bus's automated system that was engaged when the bus is stopped. The defendant doesn't know how the system works but they know that they passed a still-moving bus that was in the process of slowing and they suspect that the system is faulty.

Is it up to the prosecution to present full and complete evidence that the system only takes pictures when the bus is stopped (presumably reviewing source code or conducting tests) or is there some kind of legal concept of "good enough at a glance" evidence where they've met some minimum burden of proof that the picture is taken when the system is turned on and it's only on when the bus is stopped, therefore it must be functioning as expected?


texts: Regulations concerning non-commercial lithium ion battery transportation

texts:
With the proliferation of lithium ion-batteries for small-scale energy storage projects, non-commercial transportation of significantly large batteries (in the few kWh range, much larger than the few hundred Wh limits currently set for non-regulated batteries) will become much more common. What regulations pertain to this type of non-commercial transport in the U.S.? How does this change once the batteries are installed in a trailer, RV, boat, or other transportable vehicle?
My specific situation is that a repair shop is requiring HAZMAT certification for whoever picks up a replaced Tesla battery pack that I wish to (personally) transport elsewhere. Is this a governmental regulation in general if, say, I was to (personally) transport the pack or its components in the future?


texts: Can I use the PDF of a public domain work to publish a hard copy book?

texts:
Suppose I download a PDF file of a book (one that is undisputably in the  public domain, like a mid-1800s Bible). The PDF is created from source files using a combination of automated conversion and manual typesetting/editing. Various versions and excerpts (of both the same source and of this particular file) exist elsewhere online.

The file's text itself does not contain a copyright notice, just an original publishing date and a request to update the PDF file maker if errors are found.

I would like to make a few changes to the work and publish it as a hard copy book. Is there any legal concern with doing so? Would I need to include their PDF notice?


texts: Relevance of providing "warning" and having "reasons" before withdrawal in McPherson v BNP Paribas

texts:
This question refers to the case MacPherson v. BNP Paribas IRLR 558.

Mr McPherson withdrew his claim on medical grounds. In paragraph 31 he appears to be implicitly criticised by the Court of Appeal for not providing BNP Paribas with a warning that he is thinking of withdrawing the case. It is listed as unreasonable conduct "that he had given the impression... that he was pursuing the complaint and allowed BNP Paribas to incur considerable expense in preparing the case on that basis while ... he had been considering with his GP ... the question of abandoning proceedings on health grounds. There was no no hint to the tribunal or BNP Paribas of this possibility before notice of withdrawal"

Why is it necessary to provide a reason for withdrawal?

In this case, what sort of warning could possibly have been given that withdrawal was being contemplated?

Are there any relevant practice directions?

Mr McPherson's other behaviour mentioned in the case is unreasonable but I fail to grasp the Court's point in this respect.


texts: Landlord charging fee for delivery of rent statement

texts:
Tenant John Doe signed a lease in 10/2015 to rent an apartment for a year in Texas. The balance due each month consisted of the apartment rent ($1000) and a monthly fee for water/sewer/garbage collection/pest control ("fee A") which was typically $45. While the amount of "fee A" could vary, it was typically the same each month. Tenants could view the exact amount of "fee A" on a 3rd-party website, if necessary.

The apartments were owned by Company X. Company X did not deliver rent statements to tenants. Tenants were responsible for remebering their rent and also adding that to "Fee A." If necessary, tenants could stop by the apartment office and inquire about their rent balance in person before paying.

In 4/2016, Company X sold apartments to Company Z. Not long thereafter, Company Z began delivering rent balance statements to tenants' mailboxes and also charging tenants an administrative fee of $3 per month to deliver said statements.

Tenant John Doe spoke with the apartment office about the fee. Tenant said he did not believe he should pay fee because he did not agree to pay it in his lease contract. Management replied, "That's how they're doing it now."

Tenant believes that apartment tenants should be notified about such fees in advance and be given the option to opt-out of statement deliveries if they do not wish to pay the corresponding fee.

Question: If the lease contract does not specifically permit such a fee to be charged, does the landlord have the legal right to demand tenants pay an administrative fee for statement deliveries?


texts: Is it possible to get a dog legally classified as livestock to apply defense laws?

texts:
Generally, it is only legal to shoot an attacking dog in defense of livestock. Since pet dogs are not livestock, one cannot legally defend them if attacked by another dog.

The definition of "livestock" is ambiguous, referring to "farm animals", such as cattle, horses, and mules.

Here is a case where "livestock" could encompass dogs (in a kennel):
http://nsglc.olemiss.edu/SandBar/SandBar7/7.3livestock.htm

Is it possible for someone to get their "pet" dog legally re-classified as a livestock and therefore make it legal to defend it from other dogs? Perhaps they can claim the dog is for food or breeding or special needs or whatever.


texts:
Does the government have to compensate the money one could have earned while on trial?

For example: Jim is a full-time employee at a gas stop in the US, and is paid minimum wage. He is the only source of income for his wife and three kids. Suddenly, police officers trace a dead body back to his garbage can, and he is taken into custody. He is not able to post bail, and since he does not have the funds to hire a decent lawyer to defend him, the government provides him a third-rate lawyer, he is indicted and the trial lasts five months. The verdict is not guilty, and Jim is released.

Is Jim entitled to compensation by the for the salary he would have earned had he not been on trial?


texts: Is a cease and desist because of a conference talk valid?

texts:
I submitted a conference talk based in a movie, with the title being a spin-off of the movie title (applied to a technical domain). I have since discovered that there is already a talk form last year with a very similar title, but even though there is this similarity my abstract and the other author's are completely different (and the topics are not quite the same, even though the domain is similar).

In result of this I got a cease and desist letter from a lawyer over copyright infringement that seems a bit preposterous. Could an accusation like this have any legal grounds?


texts: Can evidence produced in a civil action be excluded from a criminal trial?

texts:
Following this question, which is part of a chain of interesting posts exploring the use of civil actions to force liability insurers to pay for unintentional torts of their insureds:  Suppose a person wishes to lose a lawsuit for "wrongful death" in order to benefit some third party (e.g., the kids orphaned by an accident in which the policyholder was involved but not charged with any crime).

The person wants to establish liability for wrongful death, but does not want to risk a charge and conviction for the crime associated with that tort: involuntary manslaughter.

Can the civil trial be conducted in such a way that any concessions or evidence supporting the wrongful death verdict cannot be used against the person in a criminal trial, should at any later time a prosecutor decide to pursue the charge of involuntary manslaughter?

Are there any reliable means of presenting testimony at a civil trial that allow it to be excluded, refuted, or disclaimed in a criminal trial (without committing perjury)?


texts: In principle, what actions might be open to Lego in this situation?

texts:
It's my understanding that Lego System A/S, doing business as The Lego Group, no longer holds a registered design protection or design patents on the Lego interlocking block system itself, hence the proliferation of other systems such as Mega Bloks, Best Lock etc., although they hold some related patents. I believe the patent on the brick design was lost as a result of the decision in Interlego A.G v Tyco Industries Inc & Ors (Hong Kong) [1988] UKPC 3 (05 May 1988), but I might be mistaken - I'm rather confused by
INTERLEGO AG v. Tianjin COKO Toy Co., Ltd 2002 not least because I can't find the full text online. I'm aware that Lego won a case in 2003 against Biltema's Coko products based on the similarity of the packaging materials.

With that in mind, I have a question about the following article describing a company marketing Lego-like products likely to offend a reasonable number of people:
https://news.vice.com/amp/en_us/article/vbad43/fox-news-is-hawking-a-racist-lego-build-the-wall-knockoff

It seems likely to me that people might reasonably muddle this with Lego in a way which could damage their reputation. In principle, would Lego have any recourse to prevent the sale of these products? What would they have to demonstrate to stand a chance of winning such a case?


texts: Does Florida bankruptcy law apply to second homes?

texts:
A New York couple filed for bankruptcy. In New York state, they have to surrender all their assets to the bankruptcy court except for $150,000 each of "exempt" assets.

They own a "second" home in Florida worth about $250,000. If that was their primary residence, Florida law would cover their home to that amount (or more). But given that they lived in and filed for bankruptcy in New York, would the Florida home be part of the New York bankruptcy estate?


texts: UK law - what is the process of convicting a defendant of a lesser offence than the charge?

texts:
There is already an (unanswered) question on the site regarding this in US law, but I'm asking about UK law, so I felt it appropriate to ask again: Can a jury always convict on a lesser included charge?

I'll lay out an imaginary scenario, similar to the original question. A jury is presented with a trial for murder. They decide that the defendant certainly killed the victim, but there is significant doubt among jurors that the murder was premeditated.

Is there a process whereby the jury can return a verdict of guilty, but to the lesser charge of manslaughter? Or would it involve a retrial - presumably instigated by the Crown Prosecution Service (CPS) - against the lesser charge? In the latter or similar case, can the jury petition to ensure that trial goes ahead?


texts: parol evidence rule v. plain meaning rule

texts:
I saw this paragraph  {"[a] clear conceptual division would treat the plain meaning rule as about interpreting the provisions of contracts, and the parol evidence rule as about establishing what count as the controlling terms of integrated contracts." }
in a case (Burlison v. United States, 533 F.3d 419 (6th Cir. 2008)), and I know that parol evidence rule, but I could not understand the differences between parol evidence rule and plain meaning rule and this section is unclear for me.


texts: Florida HOA Director Conflict of interest?

texts:
A board director performs paid work (jobs) for a service provider (Community Association Manager).  Is this a conflict of interest per Florida Statutes 718?  If not, is it somehow a COI under other definitions?

Florida statutes 718:

  Service providers; conflicts of interest.—An association, which is not
  a timeshare condominium association, may not employ or contract with
  any service provider that is owned or operated by a board member or
  with any person who has a financial relationship with a board member
  or officer, or a relative within the third degree of consanguinity by
  blood or marriage of a board member or officer. This paragraph does
  not apply to a service provider in which a board member or officer, or
  a relative within the third degree of consanguinity by blood or
  marriage of a board member or officer, owns less than 1 percent of the
  equity shares.

Ideally, responses would include yea and nay.


texts: GDPR: Subscribing for advertisments using an email that a user does not own.

texts: Is a company GDPR compliant if user A is able to subscribe for advertisments using an email of user B, if the company does not verify the ownership of the email and still send advertisments?


texts: What if somebody copies your signature on a contract that says you can't sue them?

texts: What can the person do in such cases? And further more, what can the judge do to stop this paradox?


texts: Is using a qualified electronical signature an option or a right legally seen?

texts:
Nowadays, many countries have introduced the idea of qualified electronic signatures (QES), which are digital signatures which also need to meet some special requirements to ensure the public-key to person binding and other hand allow you to place a signature that is supposedly equivalent to a hand-written signature on a piece of paper.

Now assume I want use a public service (for example inscribe at a university) for which only the signature on paper is required and the electronic signature is not explicitely excluded.

Now further assume I really wanted to use a QES to inscribe.

Can I insist on them accepting the QES or can they require a hand-written signature?

If in doubt, german law is preferred, which would also add the special twist that the signature is non-industry-standard and may require special (commercial) software for proper verification. Other jurisdictions are also acceptable of course.


texts: What does item 9.6 in the ebay Developer's Program Licence mean?

texts:
I was reading over the license found here, and I saw this statement that was confusing to me:
9. RESTRICTED ACTIVITIES
...
9.6 Use eBay Content, either alone or in combination with third-party information, to suggest or model prices for items listed on eBay Sites.
I'm not a lawyer, but on the surface, this would seem to make searching the sold listings to find the right price to sell an item illegal. However, eBay has a webpage here advocating this practice. What does this statement mean exactly?


texts: Is it illegal to put a license plate from another province on the front of your vehicle in Alberta?

texts: In Alberta you are only required to have one plate on the rear of your vehicle. However, many people will put a decorative plate on the front, just for fun, usually a flag, or a sports team, but you can get all sorts of decorative plates from Canadian Tire or most truck stops. I've seen lots of people put plates from other counties on the front of their cars (Germany, England). What I'm wondering is if it would be illegal to put on a plate from say neighbouring British Columbia, where all vehicles are required to have a plate on both the front and back of the vehicle. What would the law be in Alberta for putting a BC plate on the front of your truck? What would happen if you drove it into BC?


texts: Possibly admissible professional information or opinion on what constitutes the boundaries of child abuse?

texts:
During a recent episode of Dr. Phil, there was a Dr. Charles Sophy who is a  child psychologist who states that even screaming in front of children is child abuse.

Each state has its own statutes that dictate their own definition of child abuse, but generally speaking a professional is highly regarded by most courts and frequently their opinions can cross state boundaries.  For example, I have seen the work or opinions of forensic psychologists, who are considered expert in their field, highly regarded and used by courts even in questionable circumstances.

So by extension, is there some definitive research available that indicates the psychological boundaries of what could be considered child abuse?


texts: Why can an open source program use closed source file formats?

texts: I have been wondered following: Excel and Word are closed source product. But still, Libreoffice can write Excel and Word documents, at least to some extent. Is it true that it is not criminal to figure out how a closed source program works and implement an open source alternative to it? Or has Microsoft opened some parts of the file formats to developers?


texts: Does reciting of Pledge of Allegiance in public schools voilate the 1st Amendment?

texts:
The Pledge of Allegiance is commonly recited in public (and most private) schools in the USA.

Does the current practice of reciting the Pledge of Allegiance in public schools violate the 1st Amendment?


texts: exemptions of federal employment for Schedule A disabled applicants

texts:
If you are permanently disabled, and a job posting by the federal government (Army, Veterans Affairs, etc...) requires you to be a member (Army = registered with a recruiter prior to age 36; VA = registered for Selective Service System prior to age 26), can you be exempt from this requirement for applying for that particular position?  When I was younger, I was told I couldn't apply with the military, so I never signed up for these things because of my disability.  It seems silly to require them when applying for a job, especially since I have a Schedule A letter from my doctor saying I have a permanent disability.

For an Army example, HR from the National Guard told me to discuss with an Army Recruiter in my area for a computer scientist position which I'm qualified for.  He told me the position is for Army personnel only.  The HR person also told me that the position is exempt from Schedule A, so I need to meet all qualifications, which requires this Army National Guard membership after recruitment.

https://state.nationalguard.com/wisconsin

For a VA example, I have not spoken to HR from the VA quite yet, but I'm inquiring about another position with them that wouldn't require any physical abilities, but requires you to be registered with the Selective Service System.  But I'm too old to apply now.  So I will find out from the VA soon here.

https://www.sss.gov/Registration/Register-Now/Registration-Form


texts: Am I responsible for stopping potentially libellous posts being submitted to a Facebook group I am an admin of?

texts:
If a member of a Facebook group that I am an administrator for posts something, in this instance an accusation of criminal wrongdoing, that is then reported by another user as being a lie, or otherwise false and therefore potentially libellous, do I have a legal responsibility to take any action without evidence being supplied to me in favour or against the post?

Naturally if one person says somebody did something, and another says no this is a lie they didn't, one of those people cannot be telling the truth. In a police investigation there would need to be evidence supporting the original accusation, without which the case would be thrown out, but to put an accusation in writing without evidence could be seen as libel, and becomes a different issue.


texts: How to prevent app to publish except play store?

texts: I have published one application to the play store around 2 years ago. it has a good user base. But my problem is that I found my app on apkpure https://apkpure.com/ also where I have never uploaded. and I do not want my app to publish anywhere except play store. How can I remove my application from that other site? please advise.


texts: Is a defense attorney required to report child abuse and violate attorney-client privilege?

texts:
Say that a defense attorney is assigned to defend a client for some crime. They communicate with each other to discuss their defense, and their conversations are subject to attorney-client privilege. The confidentiality has consistently been upheld by courts.

But what if at some point while working together, the attorney sees clear indications of child abuse. Or perhaps even the client flat out tells the attorney that they are abusing their child.

This creates a conflict: the attorney is obliged to keep the information confidential and prove the client's innocence in the current case. Having this be reported will not only break that confidentiality, but also likely damage their client's character such that the case is much less likely to win. However, the safety of a child is at stake and inaction may have tragic consequences.

Is the defense attorney required to report the child abuse and violate attorney-client privilege?


texts: Employer failed to report my income or pay taxes. Do I have any rights to file a lawsuit?

texts:
An employer based in the state of Georgia (my residence is Ohio) hired me, paying me a monthly salary in addition to funds to purchase health insurance.
When they did not feel I was an asset to them they made me a 1099 employee without my agreement. In addition, they did not collect any taxes or issue a pay stub. They deposited the money in my checking account via wire transfer.

Now I am with no income and unable to file for unemployment. In addition, I will now have to pay back taxes and don't even have a job.

Do I have any legitimate cause for filing a lawsuit against this employer?


texts: What are the top introductory texts on the Justinian Codex?

texts:
I'm a non-lawyer interested in reading an introduction to the Justinian Codex such as would be assigned to orient students in a law school program.
What are the usual suspects here?
Thanks,


texts: Are chat logs against the new european GDPR?

texts:
Is keeping logs of chats (e.g. IRC, in this specific case Twitch chat) against the new European General Data Protection Regulation?

I know you can't save data which can be linked to a natural person without their knowledge and permission, but does data like chat logs with usernames fall into this category?

And if so, does anonymising or deleting the username make any difference?


texts: Websites for children under 13 years of age

texts:
Many websites have a section for children under 13 years of age in their privacy policy, stating that they are not knowingly collecting information from such children and the collected information will be deleted upon request from their parents. I think this document may be relevant but I read it for a while and still couldn't get a clue about what really matters for children under 13 years of age. Any experts can help explain what issues must be addressed by site owners targeting customers who are children under 13 years of age?

Edit. It's a US website.


texts: Powers of Entry when it is summary-only offence

texts:
I was watching this YouTube video by Crimebodge. At 10:10 he explains that the police only have powers of entry to arrest somebody for indictable offences (like rape), and not for summary offences (like harassment). I understand there are other scenarios when they can enter, for example if they are pursuing someone that just ran into a house.
Question #1: If someone makes a complaint to the police about an indictable offence, such as rape, and another person makes a complaint to the police about a summary offence, such as harassment, would the police then need a warrant to enter the house and arrest the person?
Question #2: What would happen if it was an either way offence (one that could be tried in a Magistrates' Court or the Crown Court) - would it perhaps depends upon the seriousness as to whether police could use their powers of entry?
Question #3: If it is an indictable offence, is it enough for an alleged victim to go to a police station and put in a complaint so the police can enter your house without a warrant to arrest you, or must the police officer have seen it happen otherwise it requires a warrant?
These questions are just for England and Wales.


texts: Commercial company want to use the name of our game

texts:
We have a community linked to an open source game, that we have been maintaining in our free time for some years. Our name is quite nice, as it is related to our unique mod we built on top of that open source game, and we made available most of our code under GPL on bitbucket.

Some time ago I was approached by a big gaming company that wanted to use our name for one of their games. We don't have problem with that, but then I received a mail from that company about the agreement, and the agreement seems quite restrictive for us, and I'm not sure I want to sign that.

Mostly I should leave the right for the name to them in the world, should agree to not block in any way their project, and I might also be responsible in front of the law personally, in case anything would go wrong.

They also specify they will not engage procedure to get my domain name.
I feel that this agreement is really restrictive to me, and that I have no interest of signing it.

What do you think? Shall I sign that agreement. I also feel I should get more incentive from them as they are really a big game company (in terms of dollar not in term of quality of games they are doing).

If I don't sign, what can happen with my domain name?


texts: Can I switch my user's payment provider without their consent?

texts:
My company uses a payout provider that pays out money to our users. However we have decided to switch to a different payout provider and we are wondering how to inform our users. During this migration we will give the new provider each of our users bank account information.

Which of the following scenarios is suitable:

We switch the user's provider by giving the new payment provider each of our user's bank details. In this case we will inform each user that we have changed their payment provider via an email. They would have no choice in this matter, they will simply be informed of the change.
We send an email notifying each user that if they do not contact us in X amount of time, we will automatically switch them to a different payout provider.
Example:

  If you don’t respond to this email, you will be automatically transferred to a new payment provider.


texts:
Edit: we have an excellent general counsel who runs our legal team; I'm asking here firstly to get familiar with roughly the shape of this thing, and secondly to learn a little about how things in other states.

We're trying to suss out legal considerations of a situation where we'd need to borrow firearms for the purpose of performing private for-profit scientific research on them. We're not purchasing them outright at this time because frankly, guns are expensive, we don't actually want to use them, we're in Texas, and most of all, because our investors are happy to loan them to us for this purpose.

The guns will be unloaded and not fired for this research, used in the specified manner and then when we're done each owner will fetch back his or her gun. I've found information relating to legally loaning guns for target shooting or hunting, but nothing much for science.

I'm obviously interested primarily in specifically laws governing the lending of firearms in Texas for science. However, because Texas is extra weird about gun laws, I am also interested in guidance or general information from any other state, as well as federal.

What laws apply to borrowing firearms in such a situation?


texts: Is murder in Washington, DC pardonable by the President?

texts: In most cases murder is a state crime.  However, Washington, DC is not covered within any state's jurisdiction.  My question is whether the President can pardon someone for committing murder if the crime took place within the geographical boundaries of DC.


texts: Can a school district install video surveillance only for specific teachers?

texts: Let's say a school district in the United States decides to install surveillance cameras (possibly with audio) in classrooms, but only in the classrooms of specific teachers. Gen Ed teachers might be exempt, for example (likely due to cost) but teachers with special needs students would be under 40 hour a week watch. Is there a basis here to complain based on unequal treatment? The argument is always made that this is for the protection of the teacher (and the classroom assistants) as well as the students, but this is largely invalidated by the significant gaps of time in which accusations could still be made (art, music, library, inclusion) and the fact related services (speech, occupational therapy, physical therapy) working with the same students are not being subjected to this level of scrutiny. Is it legal to hold one set of teachers to one extreme standard of oversight, but not another?


texts:
Suppose there is a physics problem solving website where users post questions and answers.

Users of low reputation on the site require their posts to be reviewed by a moderator before the posts appear on the live site.

There is potential that a new user could post inappropriate images or content (e.g. 18+ material) that requires a moderator to review (and reject) before the post goes to the live site.

Given the possibility of viewing this content, would moderators need to be 18 years or older, or could younger moderators consent to moderate the site with the understanding they may at times come across age inappropriate material?


texts:
From time to time I receive emails intended for someone else with a similar email address.
This has been going on now for years and in the meantime I've gotten a pretty good picture of this person. I can say for sure that this person exists and I know quite a bit what's going on in his life.
Therefore I can clearly differentiate a random phishing attempt from an honest email meant to reach this specific person.

In past I often contacted the senders to inform that they are using the wrong address.

It wasn't that big deal for me until today, when I received an email including very personal details about him, including all his contact information and his private address.
The email itself is like an automated confirmation that they have received his data correctly, sent by info@blabla.blabla so no answer is required nor meant to do so.

For me there are three options:

Contact the sender to inform them about the mistake.

I don't really like this option in the first place because I feel like it's not my responsibility to explain to those random people behind info@blabla.blabla that they have provided me private information about one of their customers.

Contact the intended receiver and inform him about the mistake and possibly say to be more careful with the use of his email address.

I feel uncomfortable using information I'm not meant to know to get into contact with him.
It's like opening a neighbour's letter, reading it and then passing it on to him, explaining that I had to read the letter to make sure it belongs to him.

Ingnore the email.

There's a risk of receiving further emails with even more personal details.
Could I then get in trouble for not reporting it and therefore intentionally waiting for more information?

Summary:

I receive emails intended for another person, which provide some very personal data.
I can tell for sure that these emails are no random phishing attempts.

Do I have to report this mistake to any of the parties by law? Or would it be more like an act of kindness?


texts: Are UK civil partnerships still 'monogamous'?

texts:
With civil partnerships soon opening to everyone in the UK, I have been unabe to find whether - like with marriage - you are limited to have one with only a single person?
Could some insight with sources be provided on this?


texts: Eligibility to owning ground in Hong Kong

texts:
My dad is Cantonese and born in Hong Kong (grandparents are both Cantonese), while my mother is European.  We live together in Belgium, Europe ever since my birth, which was also in Belgium.  Since I was young, I'd travel to Hong Kong every 2-3 years to maintain a Chinese identity.  I am actually recognized as a Hong Kong citizen until I miss my 3 year mark at some point in my life, after which I will lose my Chinese identity forever, or so my dad has told me.  He additionally mentioned that only Hong Kong citizens (which includes me, even if I live in Europe) have the right to both own ground in Hong Kong and build a house on it.  If a non-Chinese person were to want a house in Hong Kong, they would have to buy the right to the ground from me for example.  I would also have to raise a house on it before selling the land because the buyer would not have the rights to raise a house on it.

Basically, the law looks something like this: Only men have the right to own property of land and only one at that.  If I sell my right to own land, I will not be able to own land anymore unless I buy the right from someone else.  As a recognized Hong Kong citizen, I can raise a house while non-Hong Kong citizens cannot.  I actually don't know if this is a law limited to people from Hong Kong or if this includes Mainland China citizens.

I tried to look up more information about this on the wikipedia pages, but have difficulty finding anything relevant.  Also, the laws are worded a bit complicated to a casual like me.

Questions:

Is there anyone who can confirm that such laws are actually in place?
If so, are these laws limited to Hong Kong citizens are do they include Mainland China citizens?
Why is such a law in place?  Why can't women or non-Hong Kong citizens own land unless they buy the rights to it?


texts: When do I need to guard against falsehoods from someone else's attorney?

texts: I will be meeting with my parents and their estate attorneys in the attorney's offices in a state in which I do not live. Can I expect truthful answers? In other words, can an attorney lie for the benefit of their client, or themselves?


texts: Can a lawyer advise a pro se litigant for technical purposes, without representing them?

texts: May an attorney or legal advisor sit with a pro se litigant to advise on admissibility and/or rules in an Adversarial Chapter 11 proceeding?


texts:
Feist Publication, Inc. v. Rural Telephone Service Co., 499 U.S. 340, 349-50 (1991) (citations omitted) gives the primary purpose of copyright:

  The primary objective of copyright is not to reward the labor of authors, but [t]o promote the Progress of Science and useful Arts. To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work. This result is neither unfair nor unfortunate. It is the means by which copyright advances the progress of science and art.

According to this, it seems copyright is not as much for protecting the author's right to allow others to copy their work as it is to protect against distortions, misrepresentations, or misattributions of the work.

Thus, is copyright really for protecting the author's right to attribution?(like a CC BY license?)

Is the right to attribution contained within copyright?


texts: Recording Conversations with the person on in already recorded line

texts: Conversations with the person on an recorded state line, When you call state officials and you’re already on a recorded line and you tell them that you’re recording the phone call also, and they tell you it’s illegal to record ,how is this possibly illegal for me recording if they are already recording you?


texts: Under what conditions are U-turns legal? (Wisconsin)

texts:
Where are U-turns legal in Wisconsin and specifically Milwaukee?  At intersections? In roads? Across interstate medians (OK, probably not)...

This is one of those questions that's a pain to look up every time I move from state to state.

Realizing there could be a plethora of such questions motivated the question I just asked on Meta.  I realize this is a dumb question, but sometimes those are the most useful.

If no one answers it for a day, I will answer it myself using Wisconsin law search tools.


texts: Paid apartment complex full month's rent on the 29th. 2 days later on the 1st I was asked to pay an additional full month

texts:
Since the apartment complex I moved into state they do not prorate rent, but I was still asked to pay the full month's rent value on the 29th, I assumed that meant I would have to pay every 30 days as opposed to them prorating the first payment for the 1st of the following month. Instead, 2 days after paying a full month's rent, I'm being asked to pay another full month's rent on the 1st of this month because "we dont prorate rent". In the lease agreement it says "we don't prorate rent" without stating anything further about losing the remaining value of rent paid.

In addition to being curious about the legal interpretation of "we dont prorate rent", I'm wondering even if the language is valid, whether they still may have violated the Florida Deceptive and Unfair Trade Practices Act, since a reasonable person would assume being asked to pay non prorated rent on the 29th just means rather than prorating it for the 1st, youll just be asked to pay again 30 days later.


texts:
Over on Arqade we were discussing a question which was asking about private servers for a game called World of Warcraft. The discussion was about if using and/or hosting a private server is illegal not just against the TOS.

If it is illegal what laws is it breaking?


texts:
1 year ago, I accepted a new job with an education budget included.  I turned down their initial job offer.  When they asked if there was anything that could entice me to reconsider, I countered with the options of an increased salary or an education budget.

The job became too much... I was given many duties well outside of the job description I signed when I took the job.  Also, an employee that left was not replaced and I had to take on many of his duties as well.  I have been stressed to the point of affecting my health and working endless hours of overtime that I don't get paid for because I'm on salary.

Now that I have accepted another job (similar pay, less stress/hours), I am being asked to repay the education budget and realizing that the job offer did stipulate 2 years of employment.  I am trying to negotiate with the employer based on the fact that I wouldn't have accepted the job without the education.  However, if that fails, I still think I have a case because the clause is worded "I will to the best of my ability continue to work for (company) for 2 years".  I have put every effort I have into the job, put in all the time required to keep up with the added duties, and in the end I am still being asked for more.

Would the "best of my ability" argument hold up if I get taken to court?

(Amount: $2500, Country: Canada)


texts: How to interpret “respectively” after a comma

texts:
This agreement is issued pursuant to and incorporates by thisreference
  the terms and conditions set forth in the Schedule statedabove, and
  the Agreement and Attachment(s) set forth in such Schedule,by and
  between the parties to the Agreement, Schedule and Attachment,
  respectively.

Does this "respectively" modify "parties" or the verb "incorporates"? I am not sure if this "respectively" means "parties to the Agreement, parties to the Schedule, and parties to the Attachment" or "incorporates respectively".


texts: In the US, is it possible to protect a business idea?

texts: Provided the idea is new and meaningfully different from any other existing business. Is there a way to prevent others from profiting off that idea?


texts: I write for a University humor magazine and we are coming out with a book. Because we are a public university, we normally are allowed to publish any image we find online in our newspaper. However, because we are publishing a book we are being safe and checking copyrights of any image we decide to use. I think I have a decent grasp of how copyright laws work, however trademarks are new to me. Are we allowed to publish a company or organization logo (Starbucks, BIG10, Penn State) in a book? As we are a humor publication we will be making jokes about each business or organization, however we will not be presenting the joke as a fact and I felt like including their logo would not count as infringement or dilution. Most of the information I have found is about creating your own trademark and not about publishing other trademarks.


texts: Are there measures taken when the executive branch doesn't follow orders from the judicial branch?

texts:
Several times I hear in my country situations like this:

The judicial branch ordered the executive branch to raise salaries to retirees after a citizen won a judgment to the government. Result: Nothing happens.
The judicial branch ordered the adaptation of facilities for handicapped. Result: Nothing happens.

Are there general measures or other legal measures taken when the executive branch doesn't follow orders from the judicial branch?


texts: How was entrance to the bar monitored in the 19th Century?

texts:
I am seeking historical information on the process as to how individuals such as my grandfather Judge Lewis (H.) Blackledge were admitted to the bar.  He graduated in Jun 1888 from high school at Bloomington, NE.

Lewis read law as a high school student under the firm of Shephard & Black and was admitted to the bar Dec 5, 1887, before he graduated from high school.  How would this admission be recorded?

[I have queried Nebraska State Bar Commission of the Nebraska Supreme Court but without success.]


texts: Is NY State Constitution Article VI Section 18 (a) Unconstitutional?

texts:
NY State Constitution Article VI Section 18 (a) reads:

[Trial by jury; trial without jury; claims against state] §18. a.
Trial by jury is guaranteed as provided in article one of this
constitution. The legislature may provide that in any court of
original jurisdiction a jury shall be composed of six or of twelve
persons and may authorize any court which shall have jurisdiction over
crimes and other violations of law, other than crimes prosecuted by
indictment, to try such matters without a jury[...].

How in heavens is it possible for the legislature to authorize courts to try such matters without jury when the right to trial by jury is guaranteed in the VI Amendment of US Constitution?


texts: What does it mean to be "in the United States" in the context of "reform" of data privacy?

texts: I had a question regarding data privacy reform and how it would interact with the phrase “in the United States.” The specific issue is the question of physical storage and accessibility of the data. Example: Data is stored on servers outside of the “United States” (as a geographical entity) i.e. in Saudi Arabia or Greenland. However, that data is accessible by US persons who are physically in the borders of the US, and there was a policy made that changed the how that data can be used by those people, would that be a “reform” “in the United States.” A specific court case I find relevant to this is the Microsoft Corp. v. United States case from 2015. The circuit court initially ruled it was not “in the United States” and the case was brought to the Supreme court, but prior to adjudication, that specific issue was resolved by legislation. Despite that action, the gray zone still exists. Therefore, I was wondering if data stored outside the US but accessible by US persons qualifies as “in the United States”?


texts: Removeing critical parts considered safe storage of a gun? "RCW 9.41.360: Unsafe storage of a firearm."

texts:
I wish to store my AR-15 with the BCG (bolt carrier group) removed, rather than use a lock. I prefer this because it's easy to do, easy to undo, and more aesthetically pleasing than the cable lock I have. I would store the BCG in a lock box, with a handgun, making that part's storage as RCW 9.41.360 complaint as the handgun. However, I would store the remainder of the AR-15 on an easily accessible gun rack.

It is utterly inconceivable that someone could make an AR-15 fire without acquiring a proper BCG. It is so improbable that it is arguably more secure than the cable lock. Honestly, I could cut the cable lock with a big enough pair of wire cutters.

Would this method of storage be lawful compliance with RCW 9.41.360?

RCW 9.41.360 says nothing about removing parts necessary to make a complete gun, though, correctly doing so absolutely would render a gun nonfunctional.

It only says:

  The firearm [must be] in secure gun storage, or secured with a
  trigger lock or similar device that is designed to prevent the
  unauthorized use or discharge of the firearm;


texts: Does suspicion of smoking (lease violation) constitute an "emergency" or otherwise allow a landlord to enter without notice?

texts:
Assume that tobacco smoking indoors is legal, but there is also a (legal) lease provision that smoking in the unit is against the lease and grounds for eviction.

Can a landlord legally enter the leased premises without notice to 'catch' or otherwise confront a tenant who is smoking against their lease if they smell tobacco smoke outside a unit?

Alternatively, can a landlord issue a blanket notice to all tenants that they will enter premises unannounced if, in the near future, they suspect a tenant is smoking?

I am in the US state of Wisconsin, but I'd also be interested in cases or more specific legislation elsewhere.

I have looked at guides for landlords and tenants, and although it seems clear that reasons for "emergency" entry are quite narrowly defined (i.e., there has to be some immediate risk to the property such as a current water leak), and smoke that may indicate a fire seems obviously included, I have so far been unable to find an answer on this specific question or similar situations involving suspicion of lease violations.

Certainly if a landlord suspects illegal activity, they could contact the police, but this is a situation where the suspected activity is merely against the lease. Additionally I am not asking whether a landlord can evict a tenant for smoking, since it is not necessary for a landlord to enter unannounced to observe smoking in a unit to evict.


texts: Is it legal to create a paid App that lists commercial businesses without their permission?

texts:
similar to this question - Listing clubs and businesses

If i say created an android app that listed the names and locations of golf clubs and shops selling golf related things (without permission) that would obliviously be okay because there "facts", but what if I where to charge say $2 to download the app ? Would that not be considered as making money from there name/company, especially if it where trademarked.

What would the legal repercussions be of designing such an app and charging $2 for people to download it ?

I'm not actually considering doing this, Just interested in what the law is concerning things like this.


texts: What is the UK legal position of an "Executive Summary"

texts:
I heard today (from my manager, who says he was told it by a lawyer friend) that "Executive Summary" has a specific UK legal definition, backed up by case law.

The claim is that if a report containing an Executive Summary is issued to a client, the client can rely on the Executive Summary and hence not read the rest of the report. If an Executive Summary recommends something, but the caveats are only contained in the main body of the report, a client could potentially then sue the report's author for failing to inform them of the risks.

I have tried to confirm this through google (using searches such as "executive summary case law" and "legal definition executive summary") but have found no evidence that "Executive Summary" has a legal position in UK law.

Is anyone with more knowledge than me able to confirm/deny the claim?


texts: Paying with coins in the Massachusetts, California, or New York

texts:
Can a private entity in the states of Massachusetts, California, or New York refuse a payment made with coins (e.g., on the ground that they only accept a maximum of X coins)?

https://en.wikipedia.org/wiki/Legal_tender#United_States says:

  There is, however, no federal statute that a private business, a person, or an organization must accept currency or coins as for payment for goods and/or services. Private businesses are free to develop their own policies on whether or not to accept cash unless there is a State law which says otherwise. For example, a bus line may prohibit payment of fares in cents or dollar bills. In addition, movie theaters, convenience stores and gas stations may refuse to accept large denomination currency (usually notes above $20) as a matter of policy.

I wonder whether the states of Massachusetts, California, or New York have such laws.


texts: I am a auto body shop, I have a total loss vehicle here.  Adjustor came to shop gave us an estimate, along with labor and storage charges.  We started work on vehicle with customer and insurance permission.  In the course of repair, we had to call insurance company for a supplement, when they came the adjustor deemed it a total loss.  This was after parts were ordered, painted and some put on vehicle.  Now the insurance company os refusing to pay for the parts that they told me where to buy them.  Is this legal.  Thank you Erin


texts: Yahoo Messenger was was discontinued on December 1, 2018. On this date downloading of chat history was stopped. However they did not tell their users what happened to their data associated with Yahoo Messenger including history and friends list. According to the gdpr it should be permanently destroyed if it is no longer needed. But I don't know for sure if they destroyed it because they have not said. Even if I demand that my data be destroyed, their is still the question of what will happen to all the messages I sent to other people that are part of their history, and their data, not mine. How can I enforce my rights with Yahoo, given that the gdpr law allows me to erase my own data not other peoples? See also: Facebook vs GDPR - Private Messages I sent to others will never be deleted/erased from Facebook servers


texts:
This is a follow-up to this answer by Dawn who explained that anti-ballot-photos laws have been struck down in:

California: AB-1494.

New Hampshire: Rideout v. Gardner.

Indiana: American Civil Liberties Union of Indiana v. Indiana Secretary of State.

On the other hand, posting completed ballots is illegal in Wisconsin.

When vote-swapping, without the ability to share photos of completed ballots it's not possible to check whether participants in a vote swap honor their agreements.

Which states allow disclosing photos of one's own voting ballot to a vote-swap partner?


texts: Why is Silk Road criminal but not LocalBitcoins?

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

LocalBitcoins says its purpose is to connect buyers and sellers. That legalese makes it escape criminal laws.

What about Silk Road? Ross Ulbricht doesn't sell drugs. Someone using his service does.


texts: Can the "Pandemic" be considered "not occasioned by the conduct of the (business)" and considered not reasonably remedied?

texts: In my contract it reads "In the event that (business name) is unable to perform any of it's obligations under this Agreement due to any occurrence whether or not occasioned by the conduct of (business name), which would prevent (business name) from hosting said event, then, (business name) shall be released from any further performance under this Agreement for whatever period of time until after the occurrence is reasonably remedied. Should your event be cancelled for any of the above reasons, (business name) shall only be held responsible to refund the total amount paid by you to (business name) as of the date of cancellation or delay."


texts: Commercial use of a tutorial with CC-BY-NC-SA license

texts:
I have an online programming tutorial published with CC-BY-NC-SA license.

Does the NC (Non-Commercial) mean that no one may print it and sell as a book?

Does it mean that no one may publish it on their website and put ads to get money from it?

P.S. And, for what it's worth, if I accept contributions from other people, how can I ensure that I still can do what I described here? Sell/put ads/do whatever I do when the book is fully mine.


texts: Is a website for "exchanging" fan-fiction works legal?

texts:
I want to make a website where fan-fiction writers will write a story based on a prompt given by another, and said "another" will in exchange write a story based on their prompt.
In other words, a person can ask for a story they want to read and in exchange write a desired story for another. Story exchange, if you will.
I know fan-fiction technically isn't legal, although I don't know if that's when it's made commercially or just for fun. Would it be legal for the site to essentially encourage fan-fiction works?
I'm not looking to make any money here, though it would be nice if I could ask for (very) small donations to cover server costs and such. Is either case legal?


texts:
First and foremost, I've already done some research regarding my question - web pages including, but not limited to the following ones, weren't able to answer my question to it's full extent:

https://chess.stackexchange.com/questions/17143/what-are-the-laws-concerning-copyright-of-chess-games
https://www.reddit.com/r/chess/comments/1wgnc7/chess_and_copyright/
https://www.chess.com/forum/view/general/copyright-on-games
etc.

According to various sources, chess games (the moves themselves) aren't protected by copyright of any kind. The consens in those articles is that the infringement starts with either advertising a blog, book, etc. (doesn't matter whether it's paid/free) with a player, i.e. "100 best games of Magnus Carlsen". Another opinion which has been shared frequently is that chess notations are eligible for copyright. That out of the way, let's dive right into the question itself:
Suppose someone wants to share a paid blog post including special games of different kinds of players. For each of those games he lists a snippet of the important moves (which is completely legal) and includes the name of both parties, i.e. the white player is "Magnus Carlsen", black player is "Anish Giri". Moreover, the event has been played in 2015 at the World Championship (details are fictional).
Is such a publication copyrighted? The games are taken by any database, e.g. https://www.chess.com/, https://database.chessbase.com/, https://www.chessgames.com/, etc. If it is, why do these sites have millions of games (they surely haven't requested permission by each player)?
To be more precise, what parts of the chess game are copyrighted? Am I allowed to share a selection of different games, including details like names, date, place and so forth - all public knowledge?


texts: I have held a trademark licence for 20 years and have recently had it cancelled by the owner of the trademark. It is my understanding that I did not breach any of the conditions.  I am wondering if that is legal action by the owner to break the agreement without valid reason?


texts: Will Queen's Counsel automatically become King's Counsel upon the accession of a male Head of the Commonwealth?

texts:
Would Jane Bloggs QC become Jane Bloggs KC overnight? Or would current silk simply be able to apply for the new title, as occurred in some jurisdictions when the title of Senior Counsel was introduced?

References sourced in any jurisdiction in which the title of Queen's or King's Counsel is recognised would be appreciated. Contemporary sources from the accession of Edward VII (1901) would be interesting too!


texts: Is it legal to travel using a shipping container?

texts:
Is it legal to ship someone using a controlled atmoshere shipping container?

They would have various amenities (food, water, entertainment etc)
And they will be shipped from Canada to Spain.


texts: Copyright name of a book vs a fantasy wargame with miniatures

texts:
I wrote a book which I released in April, 2015. I've just discovered there's a pen/paper fantasy game similar to dungeons and dragons with the same name that was a kickstarter back in May 2014, which was last updated April 2015 (there was about a year gap between updates.)

My question is, although I didn't know it existed as my internet searches yielded nothing, I can find no listing of trademark or copyright or anything of the like, could I potentially be infringing copyright?

They are similar is two regards other than the same name, that is the logo is slightly similar, and both are in the fantasy genre, although the settings, worlds, character, etc... are all wildly different.

Not sure if I'm allowed to post links but can do so for someone to check if needed.


texts:
I'm on the cusp of purchasing a house. This was advertised to me as freehold though it has become clear through conveyancing that the situation is more complex than that.

In buying this house I would for some reason be buying the freehold and the leasehold, both. At some point in history the leasehold owner aquired the freehold and never combined the two.

My solicitor says there may be some reason behind this like some sort of rights hidden in one of the ancient contracts but has been light on details beyond this.

Is this at all a normal situation? What reasons could there be to keep the two seperate but in the same hands?


texts: Is there any american law which ensures a lesser penalty to a pawn than to the mastermind of a crime?

texts:
I'm writing a story and I would like a more realistic approach on the plot. The point is: there is a lawyer doing bad things (because a mix of love and money) and he must (following orders) write all of those things on a report.

However, since he is a lawyer and he is not the mastermind behind those things, I'm thinking if there is something that he could write on this report, in a law perspective, to minimize his penalty if he gets caught. For example: "according to article X, since I was just following orders, I appeal to my Y rights" or anything like this.

It don't has to be a elaborate defense (but I will be glad if it will) since it is just a side note on a book full of proves of his crimes. If it matters, the story take place in Oregon, USA.


texts: Is it legit to fork an unlicensed repository for non-commercial purposes?

texts:
Edit: bear in mind that I'm not asking for which license, I'm asking whether it's fair or not.
I want to use the treepedia_dl_public library as a core part of a new website. I checked the repository and noticed that the developers hadn't chosen a license, even though it has been already 2 years since the last time they made a commit.
https://github.com/billcai/treepedia_dl_public
For the last 2 weeks, I've tried to contact the developers and they didn't answer.
Is it legal to fork an unlicensed project for non-commercial purposes?


texts: Will an expunged arrest still show up on a background check?

texts:
I was arrested, but not convicted. I got my arrest expunged about a year ago.

Will it still show up in a background check? Is there any way to fix it if it does?


texts: Can an unwritten law be considered a law, with legal effect?

texts:
A question came up with a friend over dinner.
In societies that have no written language, are their laws considered to have legal effect?  Does a law have to be written down in order to be considered a law and enforced?


texts: Is it a crime in the United States to say "the people want to bring down the regime"?

texts:
Link

The said law says:

Whoever knowingly or willfully advocates, abets, advises, or teaches
the duty, necessity, desirability, or propriety of overthrowing or
destroying the government of the United States or the government of
any State, Territory, District or Possession thereof, or the
government of any political subdivision therein, by force or violence,
or by the assassination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of any such
government, prints, publishes, edits, issues, circulates, sells,
distributes, or publicly displays any written or printed matter
advocating, advising, or teaching the duty, necessity, desirability,
or propriety of overthrowing or destroying any government in the
United States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society, group,
or assembly of persons who teach, advocate, or encourage the overthrow
or destruction of any such government by force or violence; or becomes
or is a member of, or affiliates with, any such society, group, or
assembly of persons, knowing the purposes thereof—
Shall be fined under this title or imprisoned not more than twenty
years, or both, and shall be ineligible for employment by the United
States or any department or agency thereof, for the five years next
following his conviction.
If two or more persons conspire to commit any offense named in this
section, each shall be fined under this title or imprisoned not more
than twenty years, or both, and shall be ineligible for employment by
the United States or any department or agency thereof, for the five
years next following his conviction.
As used in this section, the terms “organizes” and “organize”, with
respect to any society, group, or assembly of persons, include the
recruiting of new members, the forming of new units, and the
regrouping or expansion of existing clubs, classes, and other units of
such society, group, or assembly of persons. (June 25, 1948, ch. 645,
62 Stat. 808; July 24, 1956, ch. 678, § 2, 70 Stat. 623; Pub. L.
87–486, June 19, 1962, 76 Stat. 103; Pub. L. 103–322, title XXXIII,
§ 330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)
Reference

My question is,
Does saying,  "the people want to bring down the regime" constitute knowingly or willfully advocating the "overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession"?


texts:
Forum-shopping is commonly defined as a case when a  person who takes the initiative of bringing a court action may be tempted to choose his court on the basis of the law applied there.

Basically the party chooses the applicable law not because it is the most appropriate, but because it is the most favourable.

I can easilly understand this when we are facing an international contract between two parties based on different jurisdiction. In fact, it is a common practice that the parties choose a "neutral" place.

But is this possible when both parties are based on the same country and choose the law of another country as applicable law? E.g can two german companies agree (in contract) that the agreement is governed by the laws of France or Switzerland and that in case of dispute the courts of such countries shall have exclusive jurisdiction?


texts:
I bought a used car from a private seller who claimed the car was in great working condition. I later found out the car has no working airbags, which the seller failed to disclose. The airbags had deployed, were ripped out, and the car was patched back up as if nothing happened. I sued the seller for this and won my case, so he is due to pay me so I can fix this issue with my car.
 Here is my issue. 1) The defendant has left the country and does not plan on moving back. 2) I do not have his contact information as he has changed everything, so I am only in contact with his mother, not him directly.

How can I get my money for my case I have won, when he is out of the country and does not plan on returning?


texts: What sentence would a person "hypnotized" into committing a crime get?

texts: I'm a writer and, in this murder mystery I'm writing, I'm trying to see how sentencing laws would apply in this scenario. If a person was arrested for killing somebody but then it is later found out that someone else "hypnotized" or "brain-washed" that person into doing that killing, completely out of their own free will, what would happen to the "hypnotized" person? Would they still be convicted of the crime but have a substantially lessened sentence? Would they be found innocent due to some sort of defense? I know the person who did the "hypnotizing" would likely be arrested and convicted, but I wonder what would happen to the person who actually pulled the metaphorical trigger?


texts:
I want to start an online business and it's name is not trademarked anywhere in the world. If I only trademark it in my own country but I operate worldwide:

can I use the TM or (R) on the website?
can anyone else in an other country register the same trademark?
if yes, what happens if they e.g. claim my .com domain
name?


texts: Would I expose myself to liability by verbally abusing a debt collector?

texts:
I recently started receiving calls from a debt collector about a debt that I disputed and refused to pay 13 years ago. All the other debt collectors gave up around 10 years ago.

They told me right up front that they do not intend to sue me or put anything on my credit report. Besides, they don't know where I live or work. However, they insist that they will keep calling unless I send them a cease and desist letter. I'm not going to do that because I feel like messing with them and wasting their time. As long as they're talking to me, they're not talking to someone else in a weaker position. Of course, that's just a rationalization. It's really for my own personal amusement.

Would I expose myself to any liability by verbally abusing them? I know, anyone can sue you for anything. But I'm not going to make any threats, and sexual harassment is off the table. I'll ask them to call me on my lunch break so I can chew and belch into the phone. I plan to make small talk interspersed with questions like whether they've ever had a real job, how their parents feel about raising a failure, etc. My ultimate goal is to make them angry enough to violate the FDCPA, or upset them enough to quit their job.


texts: Can my ex-wife keep a term life insurance policy on me that was started while we were married? We live in Georgia

texts: My (soon to be) ex-wife and I are finalizing our divorce.  We have no children and there is no alimony.  We are splitting our marital property and each getting a house so there is no financial obligation or deficit for either party.  There is an existing term life insurance policy on me (I'm the insured) and I do not consent for my ex-wife to keep it in effect.  Can she, even without my consent?  We live in Georgia.


texts: What happens if someone simply moves homes and stops responding to a lawsuit?

texts:
In a civil proceeding what happens if a defendant changes addresses but does not provide a new one? He stops replying and a default judgement is imminent. Assume that a least one piece of registered mail was confirmed to have been received by him. Would all of this be a nonissue up to the point where the judgment is to be enforced? Would a private investigator be hired to find his whereabouts and then a bailiff would be used to enforce the order? What if instead of property, a monetary order was made. How would it be possible to enforce wage garnishing?

What exactly is the intent behind using registered mail? In apartment buildings the concierge signs for mail and in other scenarios the intended recipient may not be the one who happens to answer the door when the courier knocks.


texts: According to GDPR Article 30, do I maintain a continuous record or just a one-off?

texts:
Article 30 of the GDPR seems ambiguous to me, and I'd like some clarification.

See: https://www.privacy-regulation.eu/en/30.htm

It states that a data controller

  ...shall maintain a record of processing activities under its responsibility...

But does this mean every single thing (like every time a newsletter was sent, a customer survey email was sent, etc) or does it just mean document that you will be doing them, for instance one entry would be for newsletters, one for customer surveys, and so on?


texts: Liability of posting potentially dangerous articles on blog

texts:
I work with electronics and some of it requires working with potentially dangerous voltages which could cause severe injury or fatality.

So my question is this: If I decided to start a blog and write an article describing how to build a high voltage power supply, am I liable for providing such information? Especially if someone injures themselves after trying to reproduce my project/experiment.

Will the warning shield me from liability?

I ask because see a lot of hobbyist websites posting large warning notices at the top of each page or throughout the article. Though, sometimes there is no warning.


texts: How can I protect myself from a prolific, abusive litigant?

texts:
I would like to sell items online, and came across this story about a person who sold a $40 printer and ended up (so far) paying over $12,000 in legal fees.

What could I do to prevent this situation on a site like Craigslist?


texts: Mistakenly agreed with a scammer’s term of use

texts:
Say, someone was scammed by a false online bitcoin mining service. He invested some money to buy the scammer’s service, the service was said to produce bitcoins online at a very fast speed without any user operation.
But when the victim was about to withdraw his money from the online mining site, his money was frozen.

However, prior to this, he agreed to the terms of use mistakenly (he skipped viewing the TOS and just hit the agree button) in the scammer’s website saying:

  You must keep online while the mining is running, or you will not get your money back.

Yes, he got offline while mining, but the online mining was said to run at least 7 days to get money, and hanging 7 days online is pretty much impossible.

Could the scammer be accused? What evidence could the victim provide to accuse him?


texts: What is the legal status of data (intentionally deleted or not) on a second-hand computer?

texts:
If a person purchases a second-hand computer, and the seller has not wiped the hard drives of that computer before the sale, is it legal for the buyer to access the data on it?

Alternatively, if the data on the drive was intentionally deleted, would it be legal to use a data recovery program to recover the deleted files, and access them?

Accessing an online account with credentials found on the drive would (of course) be illegal, so this question is strictly about the legality of file access, not use.


texts: Did Thomas Jefferson write the Virginia Constitution in such a way that parts of the state can leave the state?

texts:
Jerry Falwell, Jr, president of Liberty University, appeared on Fox and Friends on 13 March 2020, being interviewed about, among other things, "Vexit", a plan proposed by some West Virginians and Virginians to have part of western Virginia leave and become part of West Virginia

Youtube link here - go to 3:07 if the time link does not work, the first three minutes are not regarding Vexit.

In this interview he claims

  Thomas Jefferson wrote the Virginia Constitution so that counties, communities, cities, could leave Virginia, go to another state, without a war, because he didn't want the Revolutionary War to have to happen again, for people to escape tyranny.

Is there any truth to this claim?


texts: What are the drinking age laws in Germany?

texts:
I've always heard stories that in Germany, there is no drinking age. I know that in the United States, it is 21. Alcohol can cause health risks for underage children, so it would seem weird to allow everyone to consume alcohol, no matter their age.

Does Germany have any drinking age laws? If so, what are they?


texts: How do I find more info about these cases on a county court website?

texts:
https://www.saccourt.ca.gov/search.aspx?q=kb%20homes

I tried looking up the case numbers, but couldn't find anything


texts: Does Rent Increases Have Any Impact On Requirement To Provide Notice To Vacate?

texts:
In the state of Illinois - I've signed a lease with a property management company.  The lease says I need to give 60 days notice to vacate before the end of my lease.  My lease was a 6 month lease and will end in another 58 days.  Today, they provided me a letter indicating that my rent would go up after the end of my lease.

I was intending on staying, so I have not given notice to vacate.  However, the rent increase is substantial and I would not like to stay, given the increase.  As best as I can tell, they've screwed me, but legally.  All I've found online says that the Landlord needs to give me 30 days for a rent increase.

Do I have any other options, beyond breaking the lease and forfeiting my deposit or paying the increased rent?  I did try the obvious, 'Calling them and talking' but they will not accept a 58 day notice period, and they aren't willing to keep the rent the same.


texts: Is a contract valid if one party doesn't know the other has signed? For example one party signs a contract, faxes or emails it to the other party, but the other party doesn't reply. Can the other party play it to their advantage saying "we had agreed to this!" when it works for them and "we never signed this!" when it doesn't?


texts: Is it legal to forge a Permission to Attack during a physical penetration test engagement?

texts:
When doing penetration testing (hired as a security consultant to examine and test a company's security by simulating an attacker), it's necessary to have a document called "Permission to Attack" (PtA) which outlines the scope of your actions and gives you explicit authorization to perform them. The same is true with physical pentesting where the pentester emulates physical attackers (even to the point of picking locks and forging access credentials, assuming it authorized in the scope).
One must have the document with them in case they are "caught" by the organization's security. On the Information Security site, the answer to a question about this suggests that it could be better to first forge the document and, if it is accepted by security, you continue on your way and document security's failure to stop you (since a real criminal could have forged the document as well). If, on the other hand, they don't accept the forged document, then you provide the real document.
The following is from the accepted answer (emphasis in original):

If you don't have your Permission to Attack with you, it's like driving without a driver's license. That said, if you are caught during an engagement, I recommend the following:

Present a forged Permission to Attack. This way, you can see if criminals could possibly trick a security guard to letting them do their thing with a fake Permission to Attack.

Present the real Permission to Attack. If a guard has not bought your fake slip, then it's time to hand in the real slip. If the guard believes you, it's time to pick up and leave the perimeter. A real attacker would have been stopped at this point. If the guard did not believe you, ask them kindly to talk to their supervisor. If they insist on not believing you and calling the police, so be it. You're not a criminal, so don't worry about it.

Are there any circumstances under which this would be illegal?


texts: Do you have to disclose you are recording a call that is already being recorded?

texts:
I'm calling my credit card to dispute being charged twice for something.  When I start to hold for an operator I'm prompted that the call may be recorded for whatever reason.

If I also want to record the conversation for my own records, do I have to disclose that?  IMO they are consenting to being recorded by recording the call, but they never specifically said I could record.