texts: distinction between law maker and law interpreter like 'Law maker should not be law interpreter'?

texts:
The following could be answered simply by the separation of judicial and legislative branches in places such as the US but here goes:
I could swear I once heard this legal maxim/quote/aphorism/idk that goes something like

Law maker should not be law interpreter

However I was not able to find anything like this on an initial google search, except this. But I think I get the idea that like congress makes laws and then it's up to courts (and juries, if applicable) to apply the made laws in specific cases.
Question: Is there any such kind of maxim/quote/aphorism/idk?

Update: I dug up where I got this. Here's (part of) the original quote

Lawmaker should not be interpreter: I also learned that one of purposes of the separation of powers (executive, legislative, and judiciary) is that the lawmaker cannot interpret his own laws. A third party, i.e. the judiciary or the court, does that.

You won't be able to find this online or anything. This was written by a now-lawyer but not in the US, and this was written while the person was not yet a lawyer but was already a graduate of law school. For anonymity, privacy, etc, I hope I need not provide much of the context.

Related: https://academia.stackexchange.com/questions/144597/do-students-have-the-right-to-see-how-their-papers-were-graded#comment429746_144597

I'll briefly point out (re: "How will any student get feedback") that the education people have a theory of formative-vs-summative assessment, which in its extreme form, argues that you shouldn't ever give feedback and a grade on the same assignment.

by Daniel R. Collins


texts: How can an app company determine the validity of legal requests for user data from various countries?

texts:
Context
Suppose the following example (but I'd be grateful for clarifying comments and exceptions that make the rule):
An app named Twombly is made by a company registered in the United Kingdom.
Users can download the app in 3 ways:

Apple App Store
Google Play Store
Google Chrome Web Store

All user data is encrypted on the user's device, and a backup of the user's encryption key is also held by Twobly (the key itself is encrypted to a public key; Twombly keeps the secret part of the key offline for added security).
Twombly can recover the user's encryption key if needed to help them recover their account data in case of lost device(s), and is likewise willing to comply with legal requests for the data.
Scenario A
John Philips is an Australian who created an account using a French email address service throwaway820@mon-adresse-email.fr downloads the app while on holiday in Tunisia, adds data whilst there before continuing to holiday in to Poland. Whilst in Poland, John is arrested on suspicion of murder, and Poland sends a legal request for John's data to Twombly.
Scenario B
Jane Simpson is an American journalist who has Twombly app. She visits Saudi Arabia, uses Twombly there and returns back to the United States. Saudi Arabia makes a legal request for Jane Simpson's data.
Question
Is there a consistent policy that Twombly can use to ensure it abides by the law and does not fight reasonable legal requests, but also not turn over user data to authoritarian regimes too liberally?
Bonus: where does the responsibility lie in proving the identity of the user (and if necessary location at point in time), given 3rd party email services and potentially VPN usage?
[Thanks for reading all this! If the question doesn't comply with rules I'd be grateful for edits to help make it compliant]


texts: Can Someone Else's Patent Affect My Copyright?

texts: In Canada, if I hold copyright on a program's code but not a patent on what it does, and someone else patents "what it does", how would this affect my copyright? Lets assume this person did not learn "what it does" from my program's code.


texts: Why does antivirus software have permission to scan and inspect third party intellectual property?

texts: Antivirus software works by inspecting the inside of files on a computer.  Many of these files are software owned by a third party and governed by their own EULAs, often with specific clauses about inspecting the inside of those files (e.g. reverse engineering).  What legal doctrine is used to authorize antivirus software to inspect third party intellectual property?


texts: Is it possible word a contract such that it brings in all the features of registering a company?

texts:
I've just understood the concept of writing a contract. It is just an agreement between two people written on the paper and signed by all the parties involved. So, if it is possible to write contracts, then why do we need a specific law for companies? Can't we construct a company simply wording our terms and declaring all the rules of the "company" in a contract without registration?

For example, one of the benefits of registering a company is its liability shield it gives us. So why not mention in the contract "no individual mentioned in this contract is liable..." (please forgive me if my question is naive). Another benefit of a company is, being able to issue shares. So to cover this, the contract could contain "All assets mentioned have a shared ownership. Each person in the contract is assigned certain 'ownership points' (a different word for shares). And these ownership points declare each individual's ownership of the asserts..."

Couldn't we implement all the features of a company, one after the other, simply by writing a contract? Please tell me why this isn't possible and what I don't understand. And again, sorry for this naive question.

I would like to hear this answer in the context of any country. Though I would be able to relate well, when answered in the context of India.


texts: US case law where riling up someone and then telling them to go to a specific location constituted incitement?

texts:
It's probably going to be bit transparent what inspired this question, but assume someone gives a long speech in which he declares that an entity is doing terrible things and then urges everyone listening to go to the entity's specific location, but the speech doesn't otherwise contain any overt calls for breaking the law.
Is there some US case law on incitement that has rendered a guilty verdict in a situation like that? Or at least case law where someone was (actually) charged under similar circumstances, but the verdict was "not guilty" or even the case was dismissed early?
There's fairly related q here, but it doesn't specifically ask for case law, nor do the answers provide any--they just quote the statutes and their own interpretation thereof. Brandenburg v. Ohio (mentioned there) seems somewhat relevant here, but its general test

Advocacy of force or criminal activity does not receive First Amendment protections if (1) the advocacy is directed to inciting or producing imminent lawless action, and (2) is likely to incite or produce such action.

doesn't seem incredibly illuminating here; is riling up someone and directing them to a specific location "inciting or producing imminent lawless action" if the persons who go there do actually engage in
lawless action (even if the speech doesn't explicitly call for it)? I think some actual case law on incitement may be more illuminating here.
I actually found a discussion of "oblique" aka "indirect incitement" in a paper on English law, which is illustrated (inter alia) with this hypotehtical example:

The second example is drawn from Mill’s essay, On Liberty. The passage, though occasionally mentioned in commentaries on the essay, has received little detailed consideration, least of all from a legal point of view:

No one pretends that actions should be as free as opinions. On the contrary, even opinions lose their immunity when the circumstances in which they are expressed are such as to constitute their expression a positive instigation to some mischievous act. An opinion that corn dealers are starvers of the poor, or that private property is robbery, ought to be unmolested when simply circulated through the press, but may justly incur punishment when delivered orally to an excited mob assembled before the house of a corn dealer, or when handed about among the same mob in the form of a placard.

But are were there any actual cases like this in US jurisprudence?


texts: Are Drone Intrusion Prevention Systems (Drone IPS) systems illegal?

texts:
A drone intrusion prevention product being advertised at RSA Conference this year has piqued my interest, and I'm trying to determine whether it and other drone IPS systems are illegal.

For background, a WIPS is a device which looks for unexpected WiFi access points nearby and purposefully sends de-authentication packets in order to prevent them from working. In August 2015 the FCC ruled that doing this to hotel guests was illegal, citing Section 333 of the Communications Act 1934. This appears to tally with the FCC's guidance. However, it has been pointed out to me that this precedent may not be applicable as the ruling was in relation to internet service being denied.

One could potentially also argue that such actions are in violation of the Computer Fraud and Abuse Act (CFAA) under the same provisions which make denial-of-service (DoS) attacks illegal. UK law also has provisions under the Communications Act 2003 and the Computer Misuse Act 1990 (CMA), with similar advice given by OFCOM (1, 2, 3) as the FCC gives.

Drone Intrusion Prevention Systems are a similar concept, designed as security devices which identify drones in the vicinity and inject commands into the control channel in order to disable them. The advertised use-case is to prevent an attacker from using a drone to spy on people's screens, or gain entry to a secured facility. The apparent functionality is that the system identifies a drone in the area, and an operator can choose to have the system disable or otherwise inhibit that drone's functionality.

One could argue that injecting commands into the control stream would constitute a violation of both the CFAA and CMA since it causes a computerised system (the drone) to stop functioning or be taken over without the consent of the drone operator.

A key thing to note in both cases is that the denial of service is not indiscriminate in terms of jamming the radio spectrum: devices operating on that band will continue to work unless specifically targeted.

47 U.S.C. § 333 states:

  No person shall willfully or maliciously interfere with or cause interference to any radio communications of any station licensed or authorized by or under this chapter or operated by the United States Government.

It is clear to me that indiscriminately jamming a radio band is illegal under both the US and UK Communications Acts. What is not clear to me is whether interjecting additional commands is illegal, nor whether a drone user operating within the vicinity of such a device counts as "authorized" under this particular facet of law. From what I have read, the term appears to refer to communications which are not themselves in violation of the Communications Act, but I'm not certain whether this matters.

Are these devices illegal under US/UK law? Is there any precedent in this matter?


texts: What, if any, is the legal meaning of the term "benefit of the doubt?"

texts:
One instance that I am familiar with is "innocent unless proven guilty beyond a reasonable doubt." So if you think that someone is "probably" guilty, but have a "reasonable doubt" covering, say 5%-10% of possible outcomes, my understanding is that you're supposed be give the defendant the "benefit of the doubt" and vote to acquit.
In a civil case, where the burden of proof is "preponderance of evidence," the standard of proof is more like 50-50. In this case, you might give someone the benefit of the doubt if you felt that that party was 50% or more in the right.
So is "benefit of the doubt" tied to a quantitative measure or probability? That the party receives the benefit of a very small doubt in the criminal case, and "50%" in the civil case?


texts: What residents are required to do while living in the USA

texts:
What's missing from the list below?  All the online resources seem devoted to immigration requirements.  Regardless of how you came to live in the USA, what are subsequent required actions that essentially every resident must deal with?  (If it's not detailed on this list, you'll probably never be concerned with it, eg, gun registration laws and other situations that don't apply to most residents. )  Even if you obey all state and federal laws and therefore are otherwise left alone, these are items essentially everyone still gets poked with regularly:
Federal requirements

If I'm a paid employee, I must contribute a portion of each paycheck to Medicare, Social Security, and federal tax withholding.
I must file a federal income tax statement each year or meet required exceptions.
If I'm not a citizen, I must get a visa or green card.
If a male citizen, I must register for the draft at age 18.
I must reply to inquires by the Census Bureau.

State requirements

In most states, if I'm a paid employee, I must contribute a portion of each paycheck to worker disability insurance and state tax withholding.
In most states, I must file a state income tax statement each year or meet required exceptions.
In most states, I have to pay city and/or county tax on many categories of items I purchase.
As a child, I must attend school or be home-schooled.
As a child, I must be vaccinated or get an exemption.
I must pay tax each year on property I own.
If I drive a vehicle, I must get a license and pay insurance or a fee/bond.  If I own a vehicle, I must register it and pay fees.
In some states, I must pay for health insurance or pay a penalty or get an exemption.
I must appear for jury duty or get an exemption.


texts: Can company name conflict arise between two companies in different geographic market?

texts:
I am about to register a name for an Information Technology company in Nigeria, and it turns out a company with the same name already exists. However, this other company is registered in India. This company is also involved in Information Technology and goes by the name

[company name] Technologies.

I have decided to use the name:

[company name] ICT Technologies

What legal implications can this have? Seeing as both companies will operate in different geographic locations, is this really an issue?


texts: Can one become an attorney without a law degree?

texts: Can one become an attorney without a law degree in the United States, such as by passing the state bar exam? Which States in the U.S. allow this?


texts: Can you seek asylum for not wanting to do your mandatory military service in your home country?

texts:
Let assume you live in a country where there is mandatory conscription that you need to fulfill. However, you don't want to do that, and it is not possible for you to renounce your citizenship without fulfilling the mandatory military service.

In Europe (EU + UK + Switzerland), is this a valid reason for seeking asylum? Have there been any such cases before?

Edit:

Further, assume that you don't live in your home country.


texts: Is this scenario for Trump reversing the election legally sound?

texts:
Newsweek has published a scenario which it claims could lead to Trump reversing an election defeat. I'd like to know if the legal steps in this are correct.
Here is the scenario with political manouvering elided.

Biden wins the popular vote, and carries the key swing states of Arizona, Wisconsin, Michigan and Pennsylvania by decent but not overwhelming margins.
Trump immediately declares that the voting was rigged [by China].
[...]
Trump indicates this is a major national security issue, and he invokes emergency powers, directing the Justice Department to investigate the alleged activity in the swing states. The legal justification for the presidential powers he invokes has already been developed and issued by Barr.
[The states must appoint electors by December 14]
All four swing states have Republican control of both their upper and lower houses of their state legislatures. Those state legislatures refuse to allow any Electoral College slate to be certified until the "national security" investigation is complete.
The Democrats will have begun a legal action [...]
The issue goes up to the Supreme Court, which unlike the 2000 election does not decide the election in favor of the Republicans. However, it indicates again that the December 14 Electoral College deadline must be met; that the president's national security powers legally authorize him to investigate potential foreign country intrusion into the national election; and if no Electoral College slate can be certified by any state by December 14, the Electoral College must meet anyway and cast its votes.
The Electoral College meets, and without the electors from those four states being represented, neither Biden nor Trump has sufficient votes to get an Electoral College majority.
The election is thrown into the House of Representatives, pursuant to the Constitution. Under the relevant constitutional process, the vote in the House is by state delegation, where each delegation casts one vote, which is determined by the majority of the representatives in that state.
Currently, there are 26 states that have a majority Republican House delegation. 23 states have a majority Democratic delegation. There is one state, Pennsylvania, that has an evenly split delegation. Even if the Democrats were to pick up seats in Pennsylvania and hold all their 2018 House gains, the Republicans would have a 26 to 24 delegation majority.
This vote would enable Trump to retain the presidency.


texts: If your friend takes you against your will is it still Kidnapping

texts:
I know that kidnapping refers to unlawfully taking a person. I also know a friend is someone you know well, love, trust, and hangout with.

But if your friend grabs you, forces you in their car and takes you with them, and you don't want to go, and you beg them to let go of you and let you out of the car, is this still considered "Kidnapping?"  Even if they don't hurt you?


texts: Is copying from How to Draw books copyright infringement?

texts: Suppose I want to draw a horse. I don't know how to draw a horse so I buy a How to Draw Animals book and follow the instructions of the book to draw a horse. Now can I use my drawing for commercial purposes?


texts: Moved to Colorado, been here 60 days & my license plate expired. What can I do?

texts: By law, it seems I can't get residency until 90 days. What can I do? I can't get a plate until I'm a CO resident.


texts: Can you read, not aloud, copyrighted material eg. Books, scientific papers in public eg bus, airplane, cafe,  where other people can potentially read it/take picture?


texts: Does an apparently abandoned car become my property if it's parked on my land?

texts:
In South Carolina (USA), if a car is left on somebody else's land, does it become their car after a certain amount of time has passed? Is there any obligation in the land owner to attempt to find or contact the vehicle owner?

Does the answer change depending on whether the vehicle registration is current?


texts:
This would be the image used in the hoodie.
The screenshot was originally taken from the F.U.N. episode of Spongebob Squarepants, which aired in 2001. I edited it and turned it into the image seen above.
My question is, would I be infringing on any copyright laws by using this image on Teespring for making my own hoodie (Not selling it, simply creating it for myself).


texts: Can movies depict minors drinking alcohol?

texts: Are you allowed to show in your film kids or teens drinking alcoholic drinks? Or is it against the law in the UK?


texts: How can any client-side rendered terms and conditions be considered binding for software licensing?

texts:
Basically, for many websites, as well as basically all software one installs, the sign-up or installation process requires you check a checkbox or click a button saying "I accept XXX terms and conditions"/"I accept the licensing terms".

Here is the account creation page from gmail as an example.

I'm curious how this can be considered enforceable, considering that the person "agreeing" to the dialog can arbitrarily manipulate the contents of the agreement terms:

30 seconds with the browser developer tools later. Note that you can still create an account exactly as you would normally, despite the changes!

It's been my impression that the explicit agreement indicated by the checkbox or clicking of "agree" is the action that the enforcability of the terms of service hinge on [1].

Is this correct, and if so, how can contracts like this be considered enforcable? While it takes slightly more effort, the click-wrapper on most software can be manipulated in a similar manner.


texts: Is spitting on someone an assault? US and UK

texts:
In this video a woman is shown spitting on store staff.
This appears to be before covid mask regulations.
Question
In the US and UK, would this constitute assault and what penalties are applicable?
If it is an offence, is it considered legally more serious now that covid is an issue?


texts: Does the Geneva Convention on Road Traffic prohibit driverless cars?

texts:
The 1949 Geneva Convention on Road Traffic, which the United States and several other countries have ratified,  states the following (emphasis added):

  Chapter II, Article 8, Section 1 (reprinted in full):
  Every vehicle or combination of vehicles proceeding as a unit shall have a driver.

  Chapter I, Article 4, Section 1 (reprinted in relevant part):
  "Driver" means any person who drives a vehicle, including cycles, or guides draught, pack or saddle animals or herds or flocks on a road, or who is in actual physical control of the same; "Motor vehicle" means any self-propelled vehicle normally used for the transport of persons or goods upon a road, other than vehicles running on rails or connected to electric conductors.

Does this mean that countries subject to the treaty are not allowed to permit on-road testing of vehicles with highly automated driving functionality, which do not have human safety drivers (like what Waymo and many other companies already doing)?

Why might this treaty be seen as an issue in Japan but not the US?


texts: Is it libel of one merely shares libelous material written by others?

texts:
Can one be punished / successfully sued for sharing libelous material written by someone else? For example, I read on a news website that John Doe committed a horrible crime. If I share this article, for example, by linking to it on my social media account, can I be held responsible if it is later proven that the article was libelous? If so, am I personally responsible to determine the truthiness of the article?

Does it matter in which way do I share it? I could imagine several scenarios from least to most harsh:

Hey, I've seen this article about John Doe doing this evil act, is it really so?
Did John Doe really commit this evil act? Take a look at what some experts say.
Wow, it's so shocking to find what horrible things John Doe did!
John Doe is evil, he did these horrible things! And I have evidence to prove it! Look here!

If any of the above is punishable, for example in the case it later becomes well known that the linked story is fake, do I have the responsibility to continue checking the news about this topic and remove my post after I've learned the truth about the fake article? Can I claim I didn't follow the story and didn't know it was fake? Who has the burden of proof?

If the answer to these examples is "no", are there situations where it can be libel? For example, standing on a street corner and handing out printed copies of the article, or some other scenarios?


texts: In Canada, do you have to own a property to rent it out?

texts:
Say someone intends to rent out a real property (house, apartment, etc.) to someone.

Must they own the property to legally do so?

I mean, is it legal to rent out a property if it's in the process of rent-to-own, a mortgage, etc., but isn't completely paid off and owned 100% at the time; or must it be owned to legally rent to others?

Applying only to Canada.


texts:
Florida law requires nonbinding arbitration for some classes of common issues that would clog the courts.  It is my understanding that arbitration is a preliminary 'preview' as to what formal litigation would result.  Given that it is nonbinding, either party may appeal.
If party A receives a default judgement because party B fails to follow arbitration procedure: What weight does an arbitration judgement carry into formal litigation, if party B appeals and decides to litigate?


texts: Can I file a petition for a family law matter myself?

texts:
My aunt filed for guardianship of my daughter, I contested it and hired an attorney to represent me. He wanted $1500 and I paid him in full.

We went through the hearing that included the most ridiculous testimony of my cousin that I haven't spoken to in years who testified how I behaved when I was 13 years old. My attorney then he questioned how her health was, I never told him anything about her.

My aunt carried on about a report from development a health on ferrets and he never objected or asked for this report she was claiming she had.

Then the judge said he knew I contested but since my attorney didn't file a motion to terminate or change guardianship he had no choice but to give my aunt guardianship.

I am a single mom who just paid $1,500 and I'm broke. Can I file these motions or petitions myself? What is the next step to take and is there anything online that gives me any idea how to take those steps?


texts: How and how long does a person have to cure or "true" a misrepresentation?

texts:
Suppose a person writes a check that bounces because the account has "insufficient funds." That would be a misrepresentation (of the person's bank balance). How long does the person have to make the funds sufficient so that the check becomes "good" before the person can be charged with a crime. (If it is within a reasonable period of time, might it be case of "no harm, no foul.")

Take another example with cases a) and b). A person lies on a loan application by claiming to have insurance on a key asset (such as a house) when in fact, s/he doesn't.

Case A: The loan officer catches the omission before the loan closes. Can the person "cure" the omission or "true" the facts by buying the insurance and then close on the loan?

Case B: The loan closes and later the bank finds out about the missing insurance. Can this misrepresentation be cured?

I am interested in the law in any state of the United States, but particularly in New York state.


texts: Partial usage of third-party content in a mobile application

texts:
I notice few applications in App Store use articles from news web-sites such a New York Time, The Guardian etc.
But, they do not use photos or graphics (actually they use their own photos and graphics) but only text. They take few parts of particular article, main theses and compile it to an article. But they still put source of content.

NYTime's Permissions & policies says

  In most contexts, rights to use article text only (without
  photographs, graphics, etc.) can be obtained instantly by clicking the
  Reprints link that appears on most article pages on NYTimes.com.

Is it legal to use content like it?


texts: How to win against a moving violation ticket that was issued different than what I had allegedly committed?

texts:
I was stopped by an officer that claimed I sped over a 30mph speed limit. When he saw that I have a radar detector, he proceeded to "cut me a break" and gave me a ticket for "failed to signal" (but I did use my signal, and the officer knows it).

He did not use radar (my radar detector would have indicated otherwise) and I was in the lead among other cars. I wasn't speeding, but accelerated faster than the other cars. It seems to me that he realized that he may not have a strong argument in court when he saw my radar. Therefore, I received a citation that was different than the one I was stopped for.

How would a typical case like this play out in court (generalized)?
Would he tell the truth, and if he does, would that means the case would be dismissed on the grounds that I did not violate the law in which the citation has stated? (I would probably use "motion to summary judgement" if this happens.)

RESULTS from my case:

First Trial: Officer did not show up (did not give a reason). The Judge offered a continuance to the officer. Case postponed. (NYS penal code states along the lines that if the officer did not give a reason for missing the court date or is not one of the few exceptions for missing the date, case should be dismissed. However, in my case it wasn't. Perhaps the judge had the final say regarding this matter.

2nd Trial: Officer did not show up. Prosecutor tried to get me to come back. However, I mentioned the continuance is final and that the officer not showing up means there is no witness against me. I got my hearing in front of the judge and the case was dismissed.

Notes: After going through this ordeal, I realized that the prosecutors were really out to get people to agree to plea bargains. Even going as for as lying to me the officer was present to get me to sign a plea.


texts: At what point do you become culpable for the content of packages addressed to you in the mail?

texts:
If someone was to address and mail a package to me that included something that was prohibited where I live either because I requested it or alternatively because they decided to for some reason unknown to me (gift, attempt to frame me, my address is accessible to truly intended recipient,... ). At what point could I be charged with a crime, and what steps could be taken to protect myself from being on the wrong side of the law?

A) The moment I become the addressee of the parcel.
B) At any point during the packages traversal through the postal system when the contents was accertained.
C) The moment I accepted delivery of the parcel.
D) The moment I opened the parcel and gained knowledge of its contents.
E) Some time after D if I failed to report the content to appropriate legal authority.
F)... Some other grey area not outlined above...

For arguments sake I'm an Australian citizen, but am equally interested on how this would be decided in various countries around the world including but not limited to America.


texts: Entitlement to copy of electronic contract

texts: I am asking a solicitor for a copy of an electronically signed contract. They keep telling me that'no physical copy exists'. I am sure there must be some form of a copy which can be produced otherwise how do they prove the contract exists?


texts: Can my employer gather personal data without written consent

texts:
I'm located in the EU.

My employer recently became a contractor for an american company. We deal with software.

A requirement of the american company was that on all machine of the people working under that project, basically spyware must be installed (they track everything). I can use the laptop given to me by my employer for personal use as well (written in the contract), however there is no explicit clause for any gathering of personal information in that contract and I have not signed anything.

This seems quite illegal, especially with the GDPR stuff in the EU.
Unfortunately I could not find any concrete law statements on a similar issue. Can someone point to me such sources?


texts: Is it legal to acquire radioactive materials from a smoke detector (in the USA)?

texts: I was recently reading about a Boy Scout that created a nuclear reactor from scratch, and I was wondering if it's legal to acquire radioactive materials from a smoke detector. I'm aware that he was arrested for stealing some from a nearby hotel, but if you were to buy smoke detectors for that exact purpose, is it legal to take them apart and handle radioactive material? Would you need a permit of some sort, or maybe even a degree?


texts: What protections does Europe provide for US patents (that China doesn't)?

texts:
According to a NYtimes article yesterday
Xi Jinping had promised that China would protect intellectual property, then he reneged before the trade talks faltered.

I am trying to understand the context of IP protection in China.

Consider the following scenario. A US company today owns an (invention, not design) patent on the ideas in a product. The company markets and sells this product worldwide—Europe and China included. The company does not own a parallel patent in either the European Union or China.

What is the difference between Europe and China? In particular:

What stops a European company from selling a product in Europe infringing on a US patent?
Is this any different in China at present? What stops a Chinese company from selling a product in China infringing on a US patent?


texts: Alternatives to pleading the 5th that also offers protection

texts:
I watched a old video (Don't talk to Police) that popped up while looking up information related to cyber forensics and false positives. I gathered the following points:

You can't talk your way out of getting arrested. (7:55)
Everything you tell the police can be used against you but not to help you. (8:46)
More than 25% of DNA exoneration cases had defendants that made incriminating statements, delivered outright confessions or pled guilty. (11:11)
People will move to convict based on anything, including mis-speaking, despite knowledge about how human nature and situations can trick people into an incriminating response despite being innocent. (13:20)
Knowledge that you didn't like someone is used to convict. The focus is motive and opportunity. (14:50)
The 5th amendment was not designed as a shelter for the guilty (despite it often being used as such). It was designed to help prevent you from unknowingly incriminating yourself. (17:00)
Even if you are innocent, what you say to the police can be used to crucify you in court if the police don't recall your testimony with 100% accuracy. (17:38)
People often forget that "them vs the legal system" is like an "avg person vs a professional boxer". It seems that both defendants and juries are in the amateur vs champion game. (33:00)
Police officers still think that if they put a story together, validity that it's close to what happened is confirmed by the other person slumping down in their chair or putting their hand to their face. (33:53)

That last point suggest we still live in a world where people think "if they're not looking you in the eye...that means they're lying". Confident, researched, guilty actors get away with murder, and unconfident nervous innocent people get slaughtered. I've seen this once inside the courtroom and many times outside the courtroom. I couldn't watch anymore beyond this point because it was frustrating to see the police officer talking like he had mastered the science of body language and psychology. It's unchecked confirmation bias.
With the above in mind:

Given people believe "if you're pleading the 5th, you must be guilty" or "if you're innocent you won't have to plead the 5th", is pleading the 5th the only thing people can do to avoid talking to the police and mistakenly incriminating themselves?
Are there situations where not talking to the police is illegal or where you can be legally punished for not talking to the police? For example, if you witness a accident or crime and just don't want to get involved?


texts: Booked a shooting (pictures) in Miami - my trip was canceled

texts:
On the 6th of september I booked a photoshoot in Miami (I am from germany), my trip was later canceled and I can't go to Miami Beach. I think you all know about Hurricane Irma...
My Photoshoot costs overall 2k and I already paid 500 upfront. The contract says that if I cancel the shoot the 500 dollars will be kept by the photographer. Which  I can understand, since he might lose other clients the same day.

However, do you think this is okay? I lost my complete flights to the U.S. and suffered already some k in money.
The 500 dollars i paid were agreed by both sides, but it could be 300 or 600, we simply thought there will be no reason to not make the shooting.

If you need any more information, please let me know.


texts: Can I sue Uber for property damage to my mobility device?

texts:
I use a mobility device, an electric mobility scooter, to get around as I am temporarily disabled.

While using Uber to attend a medical appointment in the Australian Capital Territory, my mobility scooter was damaged by the driver due to careless handling.

As I am renting the scooter, I am obliged to pay for any damage to it. I would like to recover this cost from Uber as I believe that (1) the damage occurred as a result of the negligence of their driver, and (2) they are responsible for providing the service as my agreement is with them, not the driver.

So my question is simply - if Uber refuses to pay, can I sue Uber at court for damages? I intend to take them to the ACAT.


texts: Does anonymised Google Analytics require positive opt-in under GDPR/PECR?

texts:
The EU defines personal data as:

  ‘personal data’ means any information relating to an identified or
  identifiable natural person (‘data subject’); an identifiable natural
  person is one who can be identified, directly or indirectly, in
  particular by reference to an identifier such as a name, an
  identification number, location data, an online identifier or to one
  or more factors specific to the physical, physiological, genetic,
  mental, economic, cultural or social identity of that natural person;

Thinking about Google Analytics: Provided PII is not pushed through a website's URL, then Google Analytics's only way of identifying a user is through their IP address, but GA has the ability to anonymize their IP Address.

So if there's no way to see "any information relating to an identified or identifiable natural person" because their IP address has been anonymized, then do you need a user's consent to enable GA on your website?


texts: Is it illegal to say the police won't help?

texts:
This is a silly question but is it illegal to threaten someone that the police would not come if they were called?

My ex-landlord threatened to remove my belongings. I said I would have to call the police and he retorted he works with the police and they're his friends. On a separate incident the landlord entered my suite without notice and I filed a police report. I mentioned that the landlord claimed the police are friends with him and the operator said something like it's a serious threat for someone to claim they can get away with things because they're friends with a police officer. This was just the operator and when I spoke with the police officer he basically just said noted and didn't want to talk about it. (For clarity, I already knew the landlord IS NOT a police officer himself, but he was trying to intimidate me by saying his job crosses paths with police a lot).

Is there a law regarding this? Or is there more a professional subject?


texts: Distributing a free iOS app to Iranian users

texts:
I'm an iOS developer and one of my apps is a free app that targets Iranian user. The app is free with no ads. Apple asked me to provide an OFAC License to publish the app:

  Dear Developer,

  Thank you for providing this information. While we strive to make the
  App Store available to all developers, Apple must ensure compliance
  with U.S. sanctions laws before making apps available to customers. In
  order to proceed, please provide proof of approval from the U.S.
  Department of Treasury, Office of Foreign Asset Control (OFAC). Apple
  will accept a copy of the letter confirming release of your app from
  OFAC restrictions or a specific license from OFAC as proof of
  approval.

  Once we have confirmed you have OFAC approval, you may submit apps for
  review. For more information on OFAC, you may want to visit the U.S.
  Department of Treasury’s website or the OFAC FAQ page. When you are
  ready to apply for OFAC approval, you will need to fill out the OFAC
  License Application.

I visited their website there but could not find out what kind of application I need, then I asked them via an email and it's their response:

  Primary sanctions remain in force.  Generally, U.S. persons are
  prohibited from engaging in direct or indirect commercial transactions
  with Iran without a general or specific OFAC license.  Please see our
  FAQ page for more information about the status of the Iran Sanctions
  Regulations.   You may apply for a specific transactional license from
  the OFAC License Application Page.  Please be advised that it is
  necessary to outline details on the exact activity you would like to
  engage in, and as many details about the payment or financing for it
  as you can, when applying.  Licenses will only be granted if they meet
  U.S. policy interests and there is no guarantee a license will issued.

Now I'm desperate and have no idea what to do! There are lots of other famous apps which serve Iranian users, all the major messaging apps, social networks, etc.


texts: Meaning: 'the defendant offers to absorb the fees of the class lawyer, calculated at a premium rate'

texts:
Source: Janet Walker and Lorne Sossin. Civil Litigation (Feb. 2010). p. 158 Bottom - 159 Top.

  The Ontario Law Reform Commission anticipated the concerns
  raised by the potential for collusion between class counsel and counsel
  for the defendants:

    [Tlhere is a real possibility that, without the benefit of appropriate
    safeguards, parties and their counsel might be tempted to abuse the
    class action procedure in reaching a settlement. For example ... class
    members' interests could be sacrificed for lawyers' fees ... in the con-
    text of a settlement negotiated on behalf of the entire class, the agree-
    ment reached could be inadequate or unfair to the class members.
      ...[I]t has also been suggested that the interests of the class law-
    yet and the class members might diverge; this would occur where the
    lawyer negotiates a settlement that maximizes the lawyer's compensa-tion at the expense of the ultimate recovery achieved for class mem-bers. The most obvious manner in which such a result might occur
    is where the defendant offers to absorb the fees of the class lawyer,
    calculated at a premium rate, in return for the acceptance of an inad-equate class award and discontinuance of the class action. Such a re-

    sult might also occur, however, through indirect financial pressures,
    without any conscious misbehaviour on the part of the lawyer.

What exactly does the bolded signify? 1. How'd the defendant 'absorb'? By paying the class lawyer her demanded fees?

Why'd the class lawyer's fees be 'calculated at a premium rate'? Can't the class lawyer  demand any befitting amount, without basing the amount on any calculation?


texts: I see "Assignee of Record" in some forms associated with small-claims in California, i.e. https://www.courts.ca.gov/documents/sc130.pdf. What is Assignee of Record?


texts: Do examples exist of a HOA covenants for water in a watershed?

texts:
I'm looking for any precedent examples that give shape to how HOA-like covenants (group ownership) work for a natural resource — specifically a watershed.

Here are some concepts typical to HOA resources:

monitoring
reparations
budgeting
individual allotment
review standards
procured management

Many of them would be different for a less-tangible asset. An example of less-tangible HOA matters would be filming a movie on the HOA grounds.

Thank you for any working examples in relationship to a watershed. Better of the constituent properties are not adjacent.


texts: If a victim submits fake photographs as evidence and said photographs are proven to be edited pictures, would that qualify for dismissing a case?


texts:
My goal is to provide the most affordable health insurance plan or health insurance alternative for freelance workers nationwide.

The Affordable Care Act made members of Health Care Sharing Ministries (HCSMs) exempt from the individual mandate, so they didn't have to pay a penalty if they didn't pay for an additional type of insurance.

Now that the individual mandate is being repealed, can I start a secular health care sharing organization that functions similarly to the HCSMs as a more affordable alternative to health insurance?

Are there any legal gotchas I need to be aware of?


texts: When is a lawyer in violation of his license with regard to advice on the law?

texts:
I think it's probably obvious that a lawyer cannot tell his client where to stash the body his client just murdered.

I think it's also probably pretty obvious (but less so) that a lawyer cannot tell his client the best way to commit a murder, even though the lawyer may have nothing to do with carrying out the murder.

Tell me if I am wrong, though.

Then there's a question of, say, a lawyer telling his client where to stash his retirement account in order to avoid paying taxes on it.  This one is less obvious.

Then there's a question of, say, a lawyer advising his client that the fine for breaking the law is "only" $X, so it would therefor be worth it to take the fine and commit the illegal act.  To me, this one should be perfectly okay for the lawyer to do.  But what if the lawyer advised his client "it's only 30 years if you want to kill your lover's mistress?  It might be worth it?"

Finally, there's a special case for attorney generals, who are licensed I assume.  What if an AG advises a president or a governor to do X illegal act because the only penalty is impeachment and the legislature is controlled by his own party so he can get away with it?

In sum, is there a rule of thumb or a case history which provides a guide as to the actions of attorneys?  What is it?

Since the ABA governs most states, consider what they would say.


texts: Are limiting voting rights to residents of Puerto Rico unconstitutional?

texts:
This is something that I have been thinking after the decision from Supreme Court legalizing same-sex marriages. The Supreme Court based its decision on the fact that prohibiting same-sex marriages constitutes a violation of the 14th amendment, because rights were not granted to all US Citizens by equal.

As many of you know, US citizens residing on Puerto Rico do not have the right to vote on federal elections, unless they move and becomes a resident of a state. This is because Puerto Rico is a territory, not a state, and federal voting rights are granted to states. This is true for both citizens that were born on Puerto Rico, and citizens that were born on a state, but decided to move to Puerto Rico.

My point is, as US Citizens, we have the right to vote and choose the government that leads the nation. This is why I think this is a violation of the 14th amendment, because you are not granting "equal protection of the laws" to all of the US Citizens.

My question is: is this can be considered unconstitutional under the 14th Amendment?

I am not lawyer by any means, so maybe my premise is incorrect.


texts: Environment Not Safe for Police to Enter

texts:
A follow-up to Can I booby-trap my property against police?,

Let us suppose I have some property that I didn't booby trap, but is natural dangerous (say, old mine), and I decided that inside the dangerous areas would be a good place to hide things that I don't want found. But I never bothered to secure the area to make any reasonably safe entrance. I just think that I'm light enough to walk across rotted boards over deep pits.

And, dutiful citizen that I am I keep the entrance locked up, with a warning sign just beyond that reads "Hazardous Environment, Do not Enter". I have done nothing to further the danger, but also nothing to remove it. Have I done enough, or am I liable for the consequences of the police forcing their way through and encountering the danger?

Hypothetical question only, I have no such land.


texts: Does householder have authority to confiscate guest's legal property?

texts:
I visited a teetotaler relative, I'm completely aware of his personal views and stayed over in his house. A local store stocked exotic alcoholic beverages for a reasonable price and I purchased some bottles (I'm over legal drinking age). Some days later I got caught and all alcohol I had with me was taken away without my knowledge, I found empty liquor store bag later. Compensation of any kind was refused and I haven't got my belongings back. Drinks are potentially poured down the drain and it's possible he benefited financially from the crime (bottle deposit is 0,10€ for empty glass bottles and 0,15€ for cans) We have talked about the event, the relative believes he has "full rights" to do so.
Does the owner of the house have authority to govern what (legal) items I'm allowed to carry with me?


texts: Is a religion that involves head hunting legal in the United States?

texts: Say that a Dayak that still practices head hunting (Ngayau) moves to the United States and becomes a citizen.  Is this person protected by freedom of religion or are they sent to jail when they kill someone as you are not allowed to do that?


texts: Is it kosher to leave your primary doctor a small bonus in your will

texts:
Or, visiting nurse or social worker.   People who are paid by the government generally can't accept cash payment in addition to what medicare pays them.   My understanding is that it's outright illegal for them to charge and strongly discouraged for the to accept cash gifts for their medicare related services.

Is leaving a small gift via inheritance/will frowned upon or is it considered generally acceptable.   I'm asking for people who've done a very good job and I think they deserve a little extra.

Wouldn't be much, a thousand here or there, but would that be more trouble than it's worth for them or are such gifts by inheritance for public workers seen as OK?

Thanks.


texts: If a mailman steals a package, who takes the loss?

texts:
If I buy something, say from Amazon, and the mailman steals it, then is it my loss or Amazon's?

In other words, for first class or priority mail, when does the mail piece pass from possession of the seller to the buyer?

I know with commercial shipping it depends on the terms. For example, if you buy something Freight On Board, then the customer takes the loss, but if it is shipped Destination, then the shipper takes the loss. What are the implied shipping terms when buying from an online seller?


texts: Class Action, burden of discovery enforceable?

texts:
If I am automatically opted into a class action suite (against the Arizona Department of Revenue in this case) is the burden of discovery enforceable According to the notice "As a Class member" you must provide documents upon written request of the defendant.

The potential of significant burden of proof at potentially a great time and processing cost to me is imposed. This seems very unusual to me. Every class action I have previously been opted into basically states that if I don't provide any documentation of personal damages, I simply am not entitled any. That is NOT the way this document reads at all. It very simply and clearly states the following:

I am automatically opted in and would have had to opt out (typical).
As a member I MUST comply with document requests (not typical).

Maybe as a followup question, what would happen if I didn't comply? Would I be in contempt of court?


texts: Can the federal government force state/local governments to share resources with neighbouring states/localities?

texts:
There is an increasing amount of tension between multiple states associated with essential resources like water. Here's a link - https://m.huffpost.com/us/entry/2789784 .

If a state tries to build a dam to block water flowing to another state, or uses some other drastic measure, can the federal government force one state to share water (or other) resources with the neighboring states? What are the legal implications? Would U.S. Supreme Court have to intervene?


texts: Can a database be made from essays written in college?

texts:
Are graded essays written in college marked for destruction considered published work? What is the legal extent the data from essays can be used?

https://academia.stackexchange.com/questions/129934/where-do-all-the-essays-go-in-college


texts: What exactly does "without prejudice" mean and how does it work?

texts:
According to businessdictionary.com without prejudice means

  Law phrase: Without abandonment of a claim, privilege, or right, and
  without implying an admission of liability.

This sounds pretty good. So why doesn't everyone use it all the time, or at least have it included with the boilerplate email footer like "this message is confidential". Could it back fire in the sense if the writer included it, then they could not use their message as evidence in court?

According to a comment on LinkedIn made by Edward Prybylko

  Without Prejudice is a codified expression meaning that you reserve
  the right to revoke or amend the agreement of the contract, much like
  the ellipses ("...")

How does this work? What would be stopping a person from amending a contract to change the price of things unilaterally, just the fact no one would sign a contract with the phrase?

Is "without prejudice" normally used in written communications (like emails) or more in formal contracts that are being signed?


texts: Can I put two cases together in Small Claims Court

texts:
I was an apprentice and my employer has broken the contractual agreement I signed by not allowing me to train or study within the working week. My placement was supposed to be 4-days work, 1-day study/training - but instead, I did a 5-day workweek.

Since, I wasn't treated like an apprentice and didn't receive my training I want to claim the difference between my apprenticeship pay at the time (~£3.50), and the actual minimum wage at the time (~£7.05). Which is about £3,689.69 in total.

I when creating my case I also found I was paid below apprenticeship minimum wage for two months within my placement. This compared to actual apprenticeship wage is around £57.6 in total.

Can I combine these two issues within my case?


texts:
To expand on Is the right to keep and bear crypto protected by the Second Amendment?, since in the U. S. of A. crypto is considered munition (Bernstein v. United States http://export.cr.yp.to/), is it legal to use crypto in an area marked by a parking-like sign that reads "THIS IS A WEAPON FREE ZONE"?

For example, there's some sitting rest area at Austin Seminary in Austin, TX, that has such a sign, should you enter it from the sidewalk on 27th St.

Would the legality of the prohibition in regards to crypto depend on the location of the sign, or on property type?  E.g., would it the term "weapon" include crypto only if the sign is erected by the federal government?


texts: how to know if somebody sued you in germany?

texts:
2 years ago before I left Germany someone I knew said that he will file a lawsuit against me :(
I am now not in Germany and I didn't give this guy my address in my current country
but how can I know if he really did it? who should I contact?


texts: Is the work I created a derivative work, and what rights to the work do I have?

texts:
I have taken two not my distinct works, work A and work B.
Then, I created work C by redefining concepts from work A.
Then, I created work D by renaming and redefining concepts from work B.
Finally, I created work E that connects work C and work D, and also adds tons of my own concepts.

Is work E derivative work?

What does that do for me if the answer is yes? Can I claim it as my own work, can I distribute it, can I profit from it?


texts: If a contract states "Not a Works for Hire" does the author (programmer) own the IP?

texts:
I have been reading about programmers' (authors) rights/ownership of IP based on whether a contract specified (and both sides agreed) whether or not the work performed was a work for hire.  In cases where there was uncertainty about the work for hire status of a contract, courts have held that since the programmer was (a) not a regular employee, (b) FICA was not collected, or (c) the programmer "could not be assigned to other projects" by the contracting company were enough to lead the court to decide that the programmer was the owner of the IP that was developed.
The question is, if a programmer was able to execute a contract that stated the work is not a work for hire, and there was nevertheless the typical blanket statement in the contract that the contracting company owns all IP and the programmer essentially has no rights, etc., would the programmer be able to claim ownership of any IP developed because the contract was not a work for hire?  (Assume the environment is federal (US) and not state-dependent.)


texts: In the US, is there any law that governs the amount of pollution generated on private land?

texts:
I'm thinking about a scenario where one does car repairs, shoots in their backyard, and handles industrial materials.  Even large amounts of paint.  You are supposed to take these to a junkyard or other disposal company, who handle them for you.

But what if there's been a large amount of it seeping into the ground onsite for a while?  Do superfund laws come into play eventually, if you were handling lots of lead, etc?  Is this a state-by-state thing?  One private landowner may not have enough wherewithal to figure out problems with the local waters, streams and rivers.

Even a handful of major precedents would help, here.

All of this is just in contemplation of having a property where lots of different kinds of non-commercial DIY things are done.  Not seeking legal advice, just the related laws or precedents.


texts: Is it legal to use a VPN to reduce subscription fees?

texts:
I have seen VPN companies and their sponsees openly advertise the fact that VPNs can be used to change the apparent country you are connected from, and pay lower rates for subscriptions and services, e.g., on video streaming websites.
I am aware of Is it legal to watch or steam region-restricted shows or movies?, but this is a different questions since I am asking about using the VPN to save money.

Thoughts
Such VPN use is probably in violation of the terms of use of such services, but is it also illegal? I think it could be illegal since it sounds like theft of services, because they are not paying the right amount.
Also, it sounds similar to malicious hacking. What is the difference between a hacker who finds a way to manipulate a website to pay less money by making it seem as if they are in a different country, and someone who uses a VPN to do the same thing?
On the other hand, it seems weird that VPN companies advertise this openly and do not seem to have faced any action from Netflix, YouTube or other impacted services.
Example
In this YouTube ad (starts at 2:26 in the video), a NordVPN sponsee informs a Western audience that they can get cheaper subscription prices by setting their VPN location to certain countries. Screenshot below.


texts: Are American grandchildren of Portuguese citizens entitled to Portuguese citizenship?

texts:
According to Wikipedia:

  As of July 29, 2015, those born outside Portugal who have at least one
  grandparent of Portuguese nationality, are granted Portuguese
  citizenship by extension immediately. The new registration procedure
  replaces the current provision of Article 6, no. 4 according to which
  a person who was born abroad and is a 2nd generation descendant of a
  citizen who has not lost his or her citizenship can acquire Portuguese
  citizenship by naturalization, without a residence requirement. The
  amendment still needs to be signed by the President before entering
  into law.

It cites this webpage as the source for the claim.

Suppose you have two grandparents (now deceased) who were born in Madeira (a semi-autonomous region of Portugal) and later immigrated to the United States, but that neither of your parents are Portuguese citizens. In that case, would you be eligible for Portuguese citizenship without the residency requirements?


texts: Responding to GDPR Article 15 requests if all data is already accessible via website

texts:
So, Article 15 of the GDPR gives the user the right to access all the personal data concerning him or her.

Assume we have a website with user accounts. We store some information that is regarded as personal data. However, the user can easily access all of this data via browsing the website while logged into their account.

Can we respond to article 15 requests by referring them to log in to the website and browse around? Or do we explicitly need to gather all their personal data into a single file and give them this?


texts: Do I have to pay customs taxes for a returned article?

texts:
I live in France, I ordered an item from the United States and I didn't like it. I returned it and the parcel status is:

  Inbound Into Customs, Your item is being processed by United States Customs.

Can US customs ask me to pay another tax for an article I returned? I've already paid a tax in France when the article arrived through French customs.


texts: Can I be required to take a 2 hour unpaid break?

texts: I live and work in BC but my work contract says it's to be interpreted by the laws of Ontario. I have a shift scheduled where there is an unpaid 2 hour break in between. So for example I work 9AM-1PM then 3PM-7PM and only get paid 8 hours. Is this legal?


texts: Can I make and sell printable worksheets for board games without infringing on copyright?

texts:
I'm hoping to sell printable worksheets online for around $2 dollars each that are designed to reformat the character sheets that came with the base board game.

Where I believe I am adding value is by consolidating a number of sources of information together from the original game (rigid player cards, disposable character sheets) into one sheet that can reduce "table clutter" while including new elements also making it easier to (a) track one's progress over multiple game sessions, or (b) managing multiple playing groups (i.e. solo vs. groups of 4).

My main concern is that I am worried about infringing on trademarks or copyrights associated with the game.

On the sheets themselves, no original artwork is used; instead, I'm using icons that are identified as free for commercial use. In addition, the title of the game is not on the worksheet, so I'm hoping this does not give indication of it being an official product. I'm also planning on including some sort of footnote both on the document and in the listing for the product that this is not produced by the game publisher.

However, what does concern me is the inclusion of a quick-reference table that I've re-created into visual instructions rather than copying the words themselves.

Ultimately, I do believe my character sheet helps with the game experience while not altering it at all, but I do not want to be skirting the lines of copyright / trademark infringement.


texts: Is scraping real estate data illegal in anyway?

texts:
So a relative of mine works in the real estate business and she wants me to write a Python script that scrapes property prices and lot size from a website, calculate price per sqft, and email her the address and property price if the ppsqft is less than 200 dollars.. Rinse and repeat every 24 hours.

You'd think it should be straightforward enough using urllib beautiful soup and re, but the agency's website would lock my script out every single time and I actually had to define a headers dictionary, change the User-Agent key to the one my browser sends, and use it as the headers argument when requesting data from the website using urllib. And no, the agency offers no API for robots.

My question is, is my script legal? I reasoned that since the same data is offered online for anyone using a browser free of charge, should be the same for a program right? I mean anyone can save the page source as a txt file everyday and point the script at it and the wouldn't know a thing. Granted it would be more manual, but still.


texts: Are cricket farms for human nutrition allowed in Germany?

texts: Is it allowed to breed and sell human edible crickets commercially? Can't find any farms by googling.


texts: I don't understand: why artificially create a set of deadlines before which one crime or another can be brought to the conviction stage? Why not be able to investigate and prosecute for an indefinite period of time after a crime has been committed? Why encourage criminals to just sit out?


texts: Can minors express their political views?

texts:
I am a minor and my family continue to tell me "Since you can't vote and a minor, you can't express your political beliefs."
I stand more with the Republican Party but I don't agree with everything that they do or say. That doesn't mean that I don't agree with some of the Democratic beliefs. I did buy some stuff that expresses my beliefs on politics. My parents then told me that I am an extremist for buying that stuff. I bought a hat that supports the 2nd Amendment but it doesn't say anything that could be used to offend others.
Am I allowed to express my political beliefs even though I am a minor?


texts: Using Other People's Recipes In a Video?

texts:
I want to take other people's published recipes and then make a video out of them. So, say I find a recipe on some food blog or a different YouTube video, I want to take the recipe and record my own video of me making it, and upload it to YouTube.

My understanding from the research I've done (see here and here) is that lists of ingredients are in the public domain (which I presume includes the amounts, and not just the ingredient names, but maybe I'm not understanding that properly), and while one may be able to copyright the instructions if they're significantly creative enough, it's unlikely, since that too is not creative enough to be warrant copyright protection.

Therefore, it seems safe legally to take someone else's recipe, even I were able to monetize the video, but is it plagiarism (not necessarily copyright) to not cite where I got the recipe from?

I'm also not asking about the real-word, "will they actually come after me," but rather the hypothetical, "could they." That is, would it technically be plagiarism, even if no one would want to take action against it.

Lastly, less of a legal question, is it conventionally understood to be unethical or just bad practice not to cite recipes, even if it isn't illegal?


texts: Is there any limit to the rate at which court cases can be filed?

texts: Is there a limit to the rate at which a person can file court cases? What if someone purposefully tries to file a court case every minute to disrupt the court? Can that person be punished in India or the USA?


texts: Are there any U.S. laws under which Chinese social media apps could be banned?

texts: Secretary of State Mike Pompeo said that the federal government is looking into banning Chinese social media apps like TikTok (source).  Are there any current U.S. laws or regulations via which such a ban could actually be implemented?


texts: Father purchased a car at a dealership and they disclosed that the engine has been repaired. They offered a 3 month free repair warranty on the engine with the purchase of the vehicle. After the purchase they offered to send him the warranty by mail. 2 months later the timing belt ripped and damaged the car. They still have not mailed the warranty to him. Does he have the ability to demand a repair based on the verbal agreement and payment? He also had a witness with him.


texts: Is the GDPR applicable to data stored in human memory?

texts:
If data is stored in human memory, is the GDPR applicable?

Say, an employee of a company remembers an email address of a client, their date of birth, or even what their face looks like, does the client have a right of access to this data, or even a right for this to be erased?


texts: What field of law would I specialize in for cases dealing with technology?

texts: I am considering getting into the field of law. I am currently an engineer and technologist. What field of law would I need to specialize in to get cases that deal with technology?


texts: Defence to defamation where the alleged crime has expired

texts:
In 2010, Rob stole a bicycle from Bob. Bob did not know whodoneit.
In 2020, Bob finds out that it was Rob. Bob obtains evidence sufficient to prove that beyond reasonable doubt.
However, the time to commence prosecution has passed.
Bob posts billboards across the town saying "Rob stole Bob's bicycle".
Rob sues Bob for defamation.
Does the inability to prosecute Rob renders the defamation case defenseless? Or can Bob defend himself from defamation claims by proving that Rob in fact did steal the bicycle, even though he cannot be charged with it anymore? Would the standard of proof be still "beyond reasonable doubt", or "preponderance of the evidence" since the defamation case is civil?
Any jurisdiction.


texts: Is it legal to sell gases for human consumption (as supplements or otherwise) such as oxygen, nitrogen, or nitrous oxide

texts:
This question is based on the FDA's Federal Food, Drug, and Cosmetic Act, where they list medical gases as being regulated by the FDA. There is ambiguity, however, as the act puts an emphasis on high purity gases and does not appear to mention the regulations on these same gases at lower purities or in mixtures with other gases.

This is particularly confusing when it comes to oxygen and nitrous oxide, as both are listed as medical gases, with oxygen is being sold legally both as a supplement in a can as well as at "oxygen bars", just at a purity lower than what would classify it as "medical oxygen". Nitrous oxide, however, cannot legally be sold for human consumption in this same way. Regular air is also listed as a medical gas, and presumably this could be sold legally like oxygen as long as it's not for medical purposes.

Additionally, what do this act or other laws say about gases not explicitly listed as medical gases? Can a gas even be sold as a supplement in the first place?


texts:
I have created a bot for roulette that makes a bet on a certain condition.

In their terms of service, the casino — PokerStars Casino — says that any use of bots is prohibited. I understand that I can get banned for this, but can I get sued for using such a bot?

My bot does not use any code inside PokerStars software. Instead, it works by checking colors on the screen and automatically pressing on the screen.

Also, I understand that casinos are built such that the house always wins and I am only doing this for fun.


texts: Is age discrimination legal in French elections?

texts:
In France, the mayors of large cities divided into districts are not directly elected by the inhabitants of these cities but by the mayors and councilors of each district which, this time, has been elected by the citizens.
The law state that the municipal councilors elected must choose the mayor's successor, during an absolute majority vote in the first two rounds, then by a qualified majority in the third round. And, in the event of a tie during this third round, the oldest member is elected.
My question is: Does choosing a candidate according to his age is a discrimination and therefore illegal ?


texts: Familial exemption for investment advisor representative

texts:
My parents have asked me to trade for them and they offered me a fraction of any profit. My plan is to set up a limited trade agreement and then manage the account's trades.

Before doing so, I want make sure that I will not be in violation of any regulations. Based on my research, I would not need a Series 7 license. Because this is for immediate family, would I also be exempt from registering as an IAR?

All parties and trading accounts are in the US.


texts: Do police need a warrant to analyze wireless network traffic without the network owner's consent?

texts:
Today's wireless network technology allows persons with a compatible wireless card to capture packets of data destined for another computer, due to the fact that radio waves are the media through which data sent wirelessly travels. Therefore, a police officer can theoretically attempt to gather digital evidence against a suspect by traveling to the immediate vicinity of the suspect, using his or her computer's wireless networking card to capture any packets in the area, then analyzing the packets to try to glean information that could be useful for an investigation.

In Kyllo v. United States, SCOTUS ruled that the Drug Enforcement Agency's warrantless use of thermal imaging unconstitutional, but they based their ruling on the unavailability of the device used to the general public.

As the police can always use software that is available to the general public - such as Wireshark - one could argue this satisfies the Kyllo test and is, therefore, Constitutional.


texts: Famous old paint/art: can I use on my web site?

texts:
I'm developing a web site for artist, and i need to do a demo: Can I use famous old paint (when I say old, i mean year 1400).
Do paint owner museum own also copyright on it ?

Thanks


texts: As a salary employee can my pay be deducted for the hours I don't work?

texts:
As a salary employee (USA) can my pay be deducted for the hours I don't work?

I started working for a company and month later my son was born.

I worked the week after at home but put in less than 20 hours.

I am supposedly exempt as I don't get overtime when I work more than 80 in the two week pay period.

Is this legit? Am I truly hourly or salary? Am I exempt?


texts: Use of a VPN to access website when not expressly prohibited in the terms and conditions of the licence/account

texts:
Often no mention, direct or indirect, is made regarding the use VPNs, proxy servers, or other online privacy measures whilst accessing the websites of certain online bookmakers.
However, in the forums of these websites and and sometimes in other information on the same website or even obtained from their customer services representatives etc. it is sometimes claimed that the use of such privacy measures is prohibited for that website.
Must such a prohibition be expressly stated in the Terms and Conditions of the agreement when creating the account in order for such a company to have legal grounds to consider that an account holder accessing the website when using such a privacy device constitutes violation of the account terms and conditions and, particularly, as grounds to withhold funds in the user's account balance / block withdrawals or deposits?


texts: Management company's landscaping team are working too much ... what can I do?

texts:
Background: I have lived in a rental apartment in a quiet neighborhood of Shorewood, in Milwaukee county, WI, for eight years. The rent is relatively high but living in a quiet areas makes it worth it. There are 20+ apartments and each 2 stories. About two years ago the owner of all the apartments passed away and his kids passed the management to a relatively large apartment management company.

Problem: Since then, the landscaping team from the management company comes between 3 to 4 days a week from 8am to 4:30pm with lawn mower, trimmer and leaf blower to do the "landscaping". It is becoming ridiculous. I don't think grass grows that fast such that it needs landscaping 3 to 4 times a week. It is ridiculous, distracting and they make a lot of noise.

My attempt: I tried emailing/calling the management numerous times complaining but no success. Management company says their landscaping team is professional and if they are working 3 to 4 days a week, then it is because grasses need landscaping. I assume the landscaping team are getting paid hourly which would explain the situation.

Question: What options do I have besides simply renting/moving to another apartment?


texts: Under what conditions can an Asian company access Database hosted by a British company containing data of European citizens?

texts:
I work for a small non-EU company1  on projects of a British company2 which rents out houses.

All the live databases3 are located in the UK on their premises and we access those databases and servers only for deploying new codebase.

The data that they collect (With consent of their employees and customers) contains:

Firstname, lastname, phone numbers, emails, gender, sexual orientation, race, religion etc
Criminal and/or Abusive records
Disability records
Employment Records
Income

Also, they do not delete the data of previous customers. The former customers remain in the records as "Prospective Customers".

We could access all that data on the live server if we wanted to, using our deployment accounts but we usually don't unless there's a live issue and we have to access the logs etc for debugging. The bottomline is, we don't collect any data that we store in Asia or our local databases. All the data that's gathered is collected by a British firm and saved in British Databases located in Britain.

We get paid for deploying our codebase to the live server but now they have cut off our access to Live Server, citing GDPR which means we can no longer deploy the code on live servers and won't get paid for it.

Are there any provisions in the GDPR for collaboration between EU and non EU companies on projects which handle data of EU citizens? Are there any conditions, meeting which would make us eligible to access the live server with real data of EU citizens?

1. Our 'headquarters' is in VA, USA, quotes because it isn't really our HQ, it's just our Marketing and Business department who get the projects which are then developed in Asia. Our British clients are aware of this arrangement and have been working with us for 11 years now.

2. Semi-Public? They do receive public funding and are owned in part by the government

3. The ones with real data, not the ones with dummy data for testing

Disclaimer: This is an anon account I created specifically for this question. My main profile has information that can be traced back to my workplace and given the government involvement in our partner company, that might be troublesome. Rest assured, I won't be upvoting this via my main profile which doesn't even have a Law SE account.


texts: Does the Fourteenth Amendment give community college students the right to distribute election materials at any time?

texts:
I am a student at a local community college that is, to my knowledge, owned and operated by the county's department of education. One day, the student organization was hosting a barbecue. Student elections were coming up, and a friend of mine was running. I saw him at the barbecue distributing his "vote for me" cards. A barbecue worker reminded him "this is an (college initials withheld) event".

Suppose I were to volunteer to distribute these cards in exchange for nothing. Could the college go after me for distributing these fliers during the barbecue?
Also, can the college actually do anything to my friend for distributing, or causing to be distributed, such cards during the event?


texts: In Arizona, can a company require you to cancel a subscription service in person?

texts:
A subscription service in Arizona is claiming their service can only be cancelled at the customer's home office, in-person, which is the one that the customer originally signed up with.

What if the customer lives very far away from the office or even out of state? The website states that not even the corporate office can make changes to the account; everything must be done in-person at the home office.

Is there some sort of protection against this that would allow a customer to cancel over the phone with a corporate office if they live a certain distance away?


texts: (US) Under what circumstances can a person be forced to enter a facility for having a mental illness?

texts:
Though this question would be great to know for various legal systems, I'm tagging this with united-states since it will likely be complicated enough with just a single country being considered.

When can someone be legally required to enter a facility because of their mental illness? Are there particular diagnoses that would be enough? Would they have to commit a crime first? Could a doctor require it of them?


texts: Public domain or not so "public domain"?

texts:
Works created by the U.S. government's institutions are in the public domain within the U.S. territory - not around the world.
However if the U.S. government institution with such clarification on their website that covers most of the content, CREATES a publication and posts it and calls it "public domain" without further clarification that it is only within the U.S. territory. They put it out so everyone can access it from all around the world and they even write "this is a public domain work".
Would that be then considered world wide public domain despite the fact that their copyright page which is their general policy for all works states that it follows the U.S. laws about copyright?
Definitely in my opinion they have published this work as simple and clear open public domain. I do not think that users of such works are guilty. What might happen is that the government then sues this institution and says "this was not allowed". In that case the institution stepped over their authority. However considering that universities and other educational institutions have a high degree of autonomy, maybe they did nothing wrong after all.
Many people around the globe use these works in question. People from Germany, U.K. even China and Japan. The institution knows about this from my understanding. Whether there was some dispute or agreement about it, I don't know yet?!
What do you think, did anyone violate the law here? The users of such works or the institution?


texts:
I was recently made redundant after working at the company for just over a year.

I was given no indication before hand that I personally might be made redundant (although other departments in the company had just gone through redundancies, but this was over a month before) and did not go through a consultation period, I was called into a room with HR and my manager and basically told I was being made redundant and that while given a months notice I was not expected to work it and made to leave the building.

My question is that it was my understanding that the process of redundancy was the employees had to be notified about the potential redundancy or at least have a consultation period so they can ask questions or raise any objections?

This was in the UK.


texts: Can Author or Publisher be sued for this

texts:
I recently bought a book which has previous year questions arranged chapter wise for a competitive exam. It has the following statement written on it's cover-

  Only Books to Contain 100% Questions of ( Exam Name ) from 1978 to 2019

However as I was going through the book several chapters had many missing questions which appeared in the exam.

I was just wondering can the Author or Publisher be sued for such practices and false advertisement?

Note: The word 'books' in the statement is not a grammatical error rather it is a set of 3 books hence the plural.


texts: What goes in to deciding whether a court opinion will be published or not?

texts: Generally, attorneys may not cite to, and courts may not rely upon unpublished opinions. (See for example Cal. Rules of Court §8.1115) Although I can't use them, I read many unpublished opinions because they often cite to useful published opinions that I can use. I've always wondered how it gets decided whether an opinion will be published or not. Obviously, all Supreme Court cases get published, but I'm talking about the intermediate appellate court opinions, which sometimes do or do not get published. In the back of my mind, I've always wondered if perhaps some opinions don't get published because the Court really wanted to reach a particular result but didn't want to create a precedent in the process. There's something a little unnerving about that, though, and I wonder if someone might be able to shed some light on the process behind deciding whether to certify or not certify an opinion for publication.


texts: If someone wanted to take legal action against someone else online, in which country should it be done?

texts:
This is a real scenario I witnessed. But for the sake of anonymity, I will not specify any names.

Suppose the following entities:

X is the company that provides a service. It is based in country C1.
Y is a consumer of the service. They live in country C2.
Z is another consumer of the service. They live in country C3.

Y and Z are both using the same service, which has specific terms to respect, such as respecting your fellow members of the service.
And then the following happens:

Z, by twisting the "free will of speech" rule, allow themself to post profanities and bully the other members.
Y reports that behaviour, since the terms of the service specifies that it's forbidden. But alas, nothing is done, so they decide to take screenshots and post it publicly.
Z reports Y for "naming and shaming", and Y gets banned for that. Meanwhile, Z can keep posting profanities.

Which means there are 2 things here:

Z is not respecting the terms of the service that X is providing.
X is not fully enforcing their own terms where they say that you should respect each others.

If Y wanted to take legal action against either X or Z, which they only know online, in which country should it happen?

Country C2 because that's where the victim (Y) is living.
Country C3 because that's where the offender (Z) is living.
Country C1 because that's the country where the company providing the service is legally settled.


texts: What is the current standard with regards to "fighting words"?

texts:
Since Street v. New York, the Supreme Court has significantly narrowed the grounds on which speech can be considered "fighting words" and thus could legally be banned.  In Collin v. Smith, SCOTUS held that Nazis marching in uniform and displaying swastikas through a neighborhood of Holocaust survivors was protected speech.  In Snyder v. Phelps, SCOTUS held that protesting against dead soldiers at their funerals, including signs that Phelps himself said were intentionally outrageous was protected speech.
So if I can march around a Jewish neighborhood in an SS uniform, and I can shout about how dead soldiers are burning in hell at their funerals, what can't I do?  What are some examples of speech that is not protected due to being classified as "fighting words"?


texts:
I have a divorce ruling from 4 years ago (30+ year marriage) which has granted me maintenance based on my ex's income. He has recently decided to retire and filed a motion to modify and/or remove this maintenance.

The paper I received says that he sent it before 5pm on 9/18, but I just received it today 9/27 (via first class mail) and the judge is hearing the motion 10/4. I plan on filing a written opposition to his motion, but I'm not sure I can get it filed in time. Is there a way I can delay/dismiss the hearing on the grounds that I wasn't given proper notice?

I live in Illinois


texts: Tolling the Statute of Limitations New York

texts: I'm new and am wondering where I could find the statutes that detail the possible ways to toll the statute of limitations in New York. Also, might some of these possibilities not be in statutes but in case law? In either event, I'm looking for the broad categories whereby tolling of a statute of limitation is possible. Thank you, Andrew


texts: What is the common law definition or key elements of "selling" something

texts:
Is there a common law definition of "sell" or some key elements?

What is required for a transaction to constitute a "sale"?

I have a situation where a license is required by statute to "sell" some specific type of equipment, and our company (a transport & logistics company) essentially operates as a middle-man on behalf of clients to purchase this equipment for them and transport it to them.

So the clients contact us and request us to purchase it from the manufacturer for them, in the following way:

We take an order from the client
We confirm with the manufacturer that the equipment is available
We take payment from the client which is made up of 2 parts (the exact price of the equipment that we will pay to the manufacturer + our delivery fee). The manufacturer's cost of the equipment is available to the client, and we do not charge any commission on top of that. We charge an additional fee which is for the transport of the equipment to the client.
We then pay the equipment cost to the manufacturer and arrange to transport it to the client.

Our business is set up as offering purchase and logistics services to clients, so it is clear to the clients that we are not the manufacturer.

So we don't stock the equipment and don't charge any commission or profit on each transaction. As we saw it, our work was to act as an agent for the client, who themselves can legally purchase the product from the manufacturer, and we think of ourselves as the purchaser and transporter, not the seller.

Recently it has been suggested that we are in fact selling the equipment and would need to apply for the relevant license.

It doesn't make sense for us to purchase a license to do something that we either are not doing, or are not profiting from, so if we need to purchase such a license to continue operating this way we would need to change our business model to cover those costs.

Are we selling it? And if so, why? Which specific thing that we are doing is the selling part, that if we eliminated it, would no longer constitute "selling" the equipment?

What is an accurate definition of selling or sale that will allow me to understand for myself whether or not we are selling the equipment?


texts: What are the needs/benefits to have a lawyer to refinance a mortgage?

texts:
When buying a new house, you usually need a lawyer to deal with all the documents, including the mortgage.

Is there any need for (or benefits from) having a lawyer involved when simply re-financing the mortgage on an house you already own?

It can be assumed that there's no typical issues involved - current mortgage is a normal fixed rate that is being paid on time, new mortgage is also fixed rate, the house title has no issues, there is no PGI insurance need for either new or old mortgage.


texts:
Given that the nordics are one of the most transparent societies, is there any scope that these governments may be in breach of GDPR, for example with respect to default disclosure positions on things like;

Public tax report disclosure.
Automatically updating one's address with registered corporates who have access to the personal ID number system.
Purchasing property and national public register.

It seems to me that this kind of information is personal and digital.

In addition does this open to door to anyone collecting and storing data on my person, e.g. my address, by citing the fact that the information is actually freely available on nationally disclosed registers?


texts: Is it legal for a company to take over management of my property after buying a rent roll without my explicit authority?

texts:
My rental property has been managed for a couple of years by company A. I recently found out that management of my property had been sold to company B and that I wasn't informed earlier as it was hard to reach me overseas.

I immediately contacted A and found out that the rent roll with my property on it had been sold by the actual individuals performing the day to day management, rather than the company itself. I presume it was some kind of franchise arrangement that allowed this as opposed to an employee arrangement.

I am now back with A and happy with the new (old) arrangement but for 2 weeks B collected rent and believes that they are entitled to payment for their efforts. From my perspective what B has done, aside from cause undue stress and disruption to my tenants, is act as my agents under false pretenses and intercept rent money without my authority to do so. I have scoured the documents I signed with A to find a section that allows transfer of my authority and it just isn't there. I have also repeatedly asked B to provide the evidence that this is a legal activity but they cannot; they only have vague statements and a history of the same activity to lean on.

B has agreed to what they consider a full refund and what I consider the return of money that was never theirs to begin with so this is purely an academic question: If I have given a rental agency authority to act as landlords over my property, can they transfer that authority to another person or agency without my consent?


texts: In reference to a citizen's complaint of official misconduct, in what rule is "proximity" to the crime specified?

texts:
This is a followup to
No probable cause found in NJ for citizen complaint of official misconduct by chairman of Port Authority. Judge ruled complainant has no standing
I forget the exact terminology, but the judge essentially said that the citizen complainant's "proximity" to the crime was too far removed to be substantially injured by it. He therefore had no standing to bring forth the complaint, forcing a determination of no probable cause.
Here is the beginning of the NJ Official Misconduct statute:

A public servant is guilty of official misconduct when, with purpose to obtain a benefit for himself or another or to injure or to deprive another of a benefit:
a. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized or he is committing such act in an unauthorized manner; or
b. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.

and here is the the Citizen's Complaint rule (7.2.a.1, on page 4 of this document):

7:2-2. Issuance of Complaint-Warrant (CDR-2) or Summons
(a) Authorization for Process
(1) Citizen Complaint. A Complaint-Warrant (CDR-2) or a summons charging any offense made by a private citizen may be issued only by a judge or, if authorized by the judge, by a municipal court administrator or deputy court administrator of a court with jurisdiction in the municipality where the offense is alleged to have been committed within the statutory time limitation. The complaint-warrant (CDR-2) or summons may be issued only if it appears to the judicial officer from the complaint, affidavit, certification or testimony that there is probable cause to believe that an offense was committed, the defendant committed it, and a Complaint-Warrant (CDR-2) or summons can be issued. The judicial officer's finding of probable cause shall be noted on the face of the summons or warrant and shall be confirmed by the judicial officer's signature issuing the Complaint-Warrant (CDR-2) or summons. If, however, the municipal court administrator or deputy court administrator finds that no probable cause  exists to issue a Complaint-Warrant (CDR-2) or summons, or that the applicable statutory time limitation to issue the Complaint-Warrant (CDR-2) or summons has expired, that finding shall be reviewed by the judge. A judge finding no probable cause to believe that an offense occurred or that the statutory time limitation to issue a Complaint-Warrant (CDR-2) or summons has expired shall dismiss the complaint.

As best I understand it, proximity does not seem to be addressed in the Citizen's Complaint rule at all.
Regarding the Official Misconduct statute, it seems to say that the misconduct itself is the crime, not the criminal actions underneath it. This would imply that all citizens are equally injured by the misconduct, so long as they were under the official’s jurisdiction. In the case of the state Port Authority, this means every New Jersey citizen.
If, alternatively, the specific crimes underlying the misconduct is what's most important, then only a select few citizens would be substantially injured by it. The crime was mainly the extortion of United Airlines for a custom weekly flight in exchange for a new hangar at Newark International Airport; implying a very small percentage of NJ citizens were personally injured.
Two questions:

Does the official misconduct statute refer to the underlying criminal activities or simply "the act of misconduct"? (This is somewhat answered in the original question)
Given the context of a probable cause determination as brought forth by a citizen complaint.... Where in these two rules (or elsewhere) is "proximity" defined as a characteristic that should be a deciding factor for standing?

Note that Common Law was abolished in New Jersey in 1979.


texts: British Naturalisation - more than 90 days absence in any 12-month period

texts:
I've come across this webpage
www.sableinternational.com/blog/don-t-do-the-long-distance-thing-extend-your-uk-spouse-visa
stating that:

  you cannot be outside of the UK for more than 90 days in any 12-month period in the five years preceding your naturalisation application

This is not aligned with any other source I found, including the Guide AN which states:

  To satisfy the residence requirement you should not have been absent for more than 90 days in the last 12 months.
  If you are married to or in a civil partnership with a British citizen the total number of days absence for the whole 3-year period should not exceed 270.
  Otherwise, you should not have been outside the UK for more than 450 days in the 5-year qualifying period.

Absences totaling more than 90 days seem to be allowed as long as they are not within the last 12 months

One more interesting statement is made in the document:
Nationality policy: Naturalisation as a British citizen by discretion
This guidance tells Home Office staff how to consider applications for naturalisation as a British citizen
Quoted from section: Future intentions requirement
subsection: Principal home in the UK

  If applicants say their intention is to have their principal home in the UK, you should accept that they meet the requirement if they:
  ...
  there is no information to cast doubt on their intention, for example:
  a recent absence from the UK for a period of 6 months or more

This is indirectly saying that it would be ok an absence up to almost six months, it obviously wouldn't have to completely fall within the last year