texts: Signed off job as a freelancer, now wants more work

texts:
This is my first question on the Law Stack Exchange so hopefully this is the right place for it. To play out the scenario this is what's happened..

I used to work for a company that need the odd job doing here and there and I agreed when I left that I would still help out where I can.

They contact me every now and again with some jobs, I tell them a quote and they pass this into the client and i get some work to do.

This one situation, a year ago I got told a very brief overview of what needs doing, I did exactly what needed doing. Now a year on, I have got a message saying that it doesnt work as he expected and he actually needs something else adding to it, which wasn't in the initial brief.

The job itself was when someone views a web page, it emails the person who owns that page to let them know that the page was viewed. I did it exactly as described.

Now he is saying that it's sending too many emails being sent per day and I need to limit it, however a limit was never specified previously nor was it ever mentioned in the exchange when discussing the job. Also as I am a professional to get this to work as requested I would have to store some kind of unique identifier and there is no GDPR in place for this site.

This is another couple of hours work for me, so I told him that I cannot do it for free as it's an additional requirement and it would take a good few hours to complete.

His response to that, a year on is he paid me for a job which was signed off. I know this because  he refused to pay me before. If I don't do the additional requirements for free then I need to give the money back, or I should be expecting some letters.

Unfortunately, as this was an old boss I didn't ever foresee this happening so we never actually had a contract in place and I've since had a new phone so all of the communication has been removed.

I'm just wondering where I stand with this and do i have to pay him back or do the work for free or do I have a strong case if things do get serious?


texts: Do courts have jurisdiction over online service providers from overseas?

texts:
Consider this pretty common scenario: company (or person) A, incorporated/residing in country X, provides online services all over the world. Technically, the services do not require any physical presence of A (or its property) outside X — international customers receive and pay for them online only, so there are no signs of A anywhere outside X apart from the Internet. For example: blogging platform, photo hosting, classifieds/advertisements directory etc.

Now, say B, someone in country Y (whether customer of A or not), files a lawsuit against A in a court of Y — grounded by the statement that A is providing services "in Y to the citizens of Y", and hence must obey all relevant laws of Y. Let's also say that A is indeed violating some laws of Y, or at least, would be doing so if A was from Y, although A is legally crystal clean it its home country X.

For simplicity, let's say the "world" in this question is the Western English-speaking world only, or, more specifically, these countries: UK, US, Canada, Australia and New Zealand.

So, taking into account nowadays' international law, common practices, precedents etc.:

How likely is it that the court in Y will rule out that A is violating the laws of Y — as opposed to deciding that it has no jurisdiction over A?
In case the court of Y rules out against A, what sort of enforcement is likely to happen on A? If Y was, say, China or Russia, A could be simply blocked by their national firewalls. For the Western countries, would the measures be likely to involve prosecution of the owners/directors of A personally?


texts: Is it legal to sell food stamps in New York?

texts: Sometimes I see people selling food stamps. Is that legal? What about other government benefits? Can they be bought and sold legally?


texts: Can a landlord refuse to give a receipt for rent payment?

texts:
Is it legal for a business to refuse to give you a receipt when you pay them?

For example a property management company refused to give someone a receipt for rent because they had not yet signed a lease but they have been living there and have paid rent (which the property management company accepted).

Also, if a person initially doesn't ask for a receipt, and comes back later, can they say it's too late to give them the receipt?


texts: What legal action can you take if someone calls you a sex offender with no proof?

texts: Just went through a nasty custody battle and won sole custody and he has taken it upon himself to call my fiance a sexual abusive person to our 2 yr old child. He has blasted it on social media and even though he is blocked he keeps finding ways to try and accuse him. Is there anything we can do, we are so tired of dealing with this...


texts: Can a person be fired for not agreeing to a contract at work?

texts:
I have seen contracts (relating to employment) which contain terms like "by accepting this position you agree to sign an NDA that you will be provided on your first day of work". To my understanding these are unenforceable.

Can a person be fired for refusing to agree to a contract? Assuming my above understanding is correct, does it make a difference if they had at any point agreed to agree to a contract? Often times when a person is hired there is an on boarding process which contains a bunch of paperwork. Hypothetically could a person refuse to sign it and not get penalized?

There can be many (legitimate and illegitimate) reasons why someone must sign something relating to their employment. For example I was given the added responsibility to do work on the servers which were located in a rented secure building. This building had their own paperwork I needed to fill out for clearance purposes (like a background check). If I refused to do this could I have been fired?


texts: How to dismiss my attorney and act pro se

texts:
My attorney failed to submit an important document for my hearing which resulted in a continuance for one year. There are other issues such as refusing to share information with me even when I am entitled to it, terribly drafted motions, thousands of mistakes such as mixing up my SSN with others, getting my age and name wrong in my applications (had I not noticed).

In light of these facts, I have decided to dismiss him as my legal counsel and continue in the case pro se. What steps do I have to take to formally dismiss him from the case, beyond sending him an email of notice? I heard that he needs to file a motion called substitution to relevant parties. Do I have to file any motions myself?


texts: What rights do lyricists usually grant to composers for musical productions?

texts:
Suppose a poet is contacted by a composer inspired by his/her poetry, and they agree to use a few of his/her poems in the composer's new orchestral production (which will be released as a CD). They agree on a revenue split, and the poems are registered for copyright. The production company then needs a release note in which the poet grants the composer the right to use his/her lyrics/poems.
What does a copyright release note usually say in such a situation? What rights are typically being granted? Is it usually just the use of the poems for a production and release of a CD, or do they generally grant wider rights to the composer?
One can imagine being both too restrictive or too inclusive: a too restrictive grant may not be sufficient for all aspects of the production, while a too inclusive one may allow the composer to do more with the lyrics beyond the single production, without any extra compensation.
I suspect there may be some established practice about this, but since it's a pretty specific case, I haven't found any information online. Most resources detail more typical cases such as publishing lyrics in writing.
If someone can answer this, I would appreciate a reply using the industry terminology, for future reference.


texts: Can I download pictures from Pinterest and send them to a client as an example of work?

texts:
I am a wedding florist, and clients want to see lots of different pictures to help them choose their arrangements. There are lots of pictures people have posted online, such as on pinterest.

Can I download pictures from Pinterest, Google Images and other openly available sources, and send these pictures to potential clients? I would not pass it off as my own work. Can the florists who made those arrangements take legal action against me?


texts: Distinction between a dinner party and a pop up restaurant

texts:
Background: I live in Alameda County, CA. I spent the last three years intently pursuing a cooking hobby, and believe I have gotten pretty good at it. I am interested in practicing cooking for a larger crowd. I am not interested in making a living (or any money, really) off my cooking.

Question: Is it legal for me to throw a dinner party for, say, ten to twenty friends, even if I ask them to pay their share of the cost of the menu? Can I do this with some regularity (ie. monthly?). Do things change if I allow them to invite their friends, who I might not know? What scale or details would require me to apply for relevant licenses (and what are they)?


texts: Can children appear in a porn movie if they're not exposed to any sexual act?

texts:
Hope it doesn't sound too creepy. Just watched a R-Rated regular movie with children actors that, even having participated, would not be allowed to watch it in the cinema (for being too violent, scary, mature, etc.)
That left me wondering if it would be legal (bizarre as it may be) for somebody to do a porn movie were children appear, not doing or witnessing any sexual-related activities (of course), i.e. an everyday scene where a mother takes her son to the school and when she returns home... let's say that the action of this kind of movies begins


texts: How to dissuade certain organizations using my open source code?

texts:
I want to prevent military, policing, and surveillance companies from using my open source code in their projects, through a custom permissive license.  Of course, I can't tell the military itself what it can and cannot do.  So I think terms such as "this may NOT be used for military or surveillance applications" are pretty pointless.

Would I be better protected with a statement like "This code may be used for all projects, private and commercial, except when used for ______ purpose, in which case a one-time fee of 5,000,000 USD will be immediately due."?

My theory is that it outlines a path for such organizations to still use it, even if that path is so expensive no rational organization would take it, and acts as a good damages baseline should I ever have to take any such an organization to court.

edit:
I'm not interested in money and would actually like to avoid mentioning it at all, I'm just trying to lay out the correct legalese to prevent such entities from using my work.  If it's enough to define said entities and say "May NOT use this" I'm happy with that.


texts: Health Care Legal Parents But Prevent Representation

texts:
My father is catholic and doesn't believe in divorce which means although my parents haven't lived with each other for years they are legally married.

I am on their health care plan still but do not want one specific parent being able to be a health care info and be a contact for lots of reasons.  Is there a way to prevent this one parent from being a contact/legal representative for health reasons?


texts: Classification of laws from a perspective of consequences of action

texts:
I am looking for a classification of laws from a perspective of consequences of action.

For example:

"If you do this, something good will happen to you."
"If you do this, something bad will happen to you."
"If you do this, nothing bad will happen to you."

"If you don't do this, something good will happen to you."
"If you don't do this, something bad will happen to you."
"If you don't do this, nothing bad will happen to you."

Is there a term for this?

Or is there a term for each one of these?

Thank you.


texts: Can I create a mosaic for a client in the shape of the Disneyland Castle?

texts:
My client would like me to create a mosaic in the shape of the Disneyland Castle. This would involve me creating an outline of the castle on my iPad (just a black line in the shape of the castle) and then filling the shape of it with the client's images.

The image at a glance would resemble the castle, but close up would just be a lot of photographs taken by the client, at Disneyland.

The final image wouldn't be sold en mass, and the fee would be for my photoshop work in arranging the image in the desired shape.

Would this infringe Disney's intellectual property?


texts: Is the historic behavior occurring on Reddit (millions of people promoting the buying and holding of GameStop stock) illegal?

texts:
I've been a member of the subreddit r/wallstreetbets for some time now, it's this hilarious cult-like community that jokes about investment gains / losses and people celebrate making / losing money on the stock market. Recently it's gained millions of followers and there's a massive movement going on, you've probably seen it all over the news.
Is this illegal? How far, exactly, can people go, verbally, with publishing their positions before Reddit can be sued or fined by the SEC, or the individuals posting the content cited?
To clarify the verbiage I'm talking about, here are some examples of top recent posts on the subreddit that promote buying or holding GME stock: (Sorry about any explicit language)
Title:

Guy living in his truck update: $600 -> 130k in 16 days. If I can hold you can f*cking hold

Title:

THEY ARE BLEEDING AND THEY ARE DESPERATE!!!!!

Comments:

Title:

6M in GameStop GME. Following through. Can’t stop, won’t stop, lift off

Title:

Billboard in Oklahoma City, OK! If someone can rent out a billboard for GME you can hold your shares!!!  !!!! (Left watermark for credit)Billboard in Oklahoma City, OK! If someone can rent out a billboard for GME you can hold your shares!!!  !!!! (Left watermark for credit)

Content:

Title:

Used some of my GME tendies to buy Nintendo Switches from Gamestop, then donated them to a Children's Hospital.

Comments:


texts:
I'm reading about the Senate nuclear option and am a little confused as to how the procedure works. According to Wikipedia:

"The option is invoked when the majority leader raises a point of order that only a simple majority is needed to close debate on certain matters. The presiding officer denies the point of order based on Senate rules, but the ruling of the chair is then appealed and overturned by majority vote, establishing new precedent."

If the presiding officer denies the point of order based on Senate rules (super majority), how is that ruling then overturned by simple majority?


texts: Soliciting for investments publicly (Kenya)

texts:
In Israel there is a law that a business must not publicly solicit for investments unless registered on the national securities exchange.
Is there a similar disallowance in Kenya?


texts: Does the Secret Service need warrants to search areas before protectees visit?

texts:
Prior to a protectee (e.g. actual or would-be President) visiting an area, the Secret Service do a sweep of it, including any areas that might have a view on the location where the protectee will be standing and/or walking through, so as to prevent a sniper from having a chance at disrupting the event.  The sweep may include even smaller openings not designed for occupation, like air ducts.

Do they get warrants for those searches, and/or for any seizures that may be associated with them?   What could they do against people if they found contraband?  Specific examples:

Handgun that is generally legal to own
Hunting rifle designed for accuracy at long distances that is generally legal to own
Assault weapons that are not generally legal to own
A throwable explosive such as a hand grenade
Other explosives
Marijuana, which is federally illegal, in a state like Colorado
Harder drugs like cocaine or heroin
Counterfeit US currency, along with a printing press and materials for more

Presumably the first five items are what they're primarily looking for, seizure of which might be consistent with the protective mission.  The next two relate to law enforcement more broadly; the last is something that's clearly within the Secret Service's jurisdiction.

Do they search for and/or seize these things without a warrant?  Do they get a warrant, and if so who from and what does it specify? Would they (or their law enforcement colleagues) be able to prosecute people based on finding any of these things in a sweep, or use such findings in a larger investigation?

In at least some cases, they probably have permission of the institution that owns and occupies the buildings being searched, and those cases are out of scope/uninteresting for this question.


texts: Is it legal to sell app based on Instagram public pictures (without storing them)?

texts:
Let's say someone invented a mobile application that shows you several pictures on different categories, like "landscapes", "animals" and so on.

In order to populate these groups, the developer decided to go on Instagram and choose a random set of pictures from different public accounts. A note: he didn't actually download and store the images on a personal server, he just saved the URLs so the mobile app will show you a picture that is still on Instagram's servers.

For example, this is a public URL of a photo on Instagram: https://scontent-mxp1-1.cdninstagram.com/t51.2885-15/sh0.08/e35/p640x640/13118151_1721495821468298_102210151_n.jpg

Last thing: this app costs 0.99 dollars and is available in the global market, so the developer can make money on it.

Is all of this legal? Is there some legal notice that regulates this situation? Is there an "ownership" on these pictures that prevents them to be included in a third-party, non-free, application?


texts: Is it legal for Sacramento State Business School to ask for a photo as part of the application?

texts: I was looking online and noticed this requirement was included in the application materials.  They could deny you if you don't include a photo of yourself.  And mind you this is for a fully ONLINE program.


texts: I'm pretty sure you cannot make a bet and have the outcome one or way another be a sexual favor. But why would this be illegal?


texts:
On 22 July 2011, he killed eight people by detonating a van bomb amid Regjeringskvartalet in Oslo, then shot dead 69 participants of a Workers' Youth League (AUF) summer camp on the island of Utøya. In July 2012, he was convicted of mass murder, causing a fatal explosion, and terrorism.
On 24 August 2012, Breivik was adjudged sane and sentenced to containment—a special form of a prison sentence that can be extended indefinitely; with an approximate period of 21 years and a minimum time of 10 years, the maximum penalty in Norway. Breivik did not appeal and on 8 September media announced that the verdict was final.
Anders Behring Breivik, Wikipedia

I don't get it: he killed 77 people, but these murders were combined into a single crime "mass murder".  It's like he gets a discount.  Sure, it's the maximum penalty, but shouldn't he have received 77 penalties?
Question: After killing 77 people, why was Anders Behring Breivik not convicted of 77 murders?


texts: Andrew Laming’s photo of Crystal White: Could the taking of the photo have been an offence?

texts:
This question is about an act that occurred in 2019 but was only reported in the last week of March 2021 by, for example, 9 News and news.com.au.
Andrew Laming, an MP in the Australian state of Queensland, took a photo of Crystal White in a Brisbane workplace, bending over and stocking a bar fridge. Allegedly, this photo was of “her bottom” and showed her underwear exposed over the top of her shorts; the latter claim has not been disputed. There is no suggestion that her underwear was exposed any more than usual, or that the situation depicted in the photo was otherwise indecent in any way.
White lodged a formal complaint with Queensland Police, but the police found that there was no evidence that a criminal offence had been committed. Media reports do not mention any evidence at all, other than witness accounts; the photo was deleted shortly after it was taken.
Media reports, while covering various criticisms of this act, have not identified any specific laws that the act may have violated. Assuming the allegations are accurate, could this act have been an offence?


texts: What would happen if a US state government refused to abide by a decision of its own supreme court?

texts:
Assume some legal question is brought up for a ruling by a US state supreme court. Further assume the question is on an issue which both the US constitution and US federal law takes no stance on; it is strictly a state matter. The state supreme court makes a ruling and then the state executive and/or legislative branches simply refuse to abide by that ruling.
What now?
Do any/all of the the state judicial branches have any actual enforcement capability? Not just the legal authority to demand compliance, but the physical capability to act when someone defies that authority?
Would the federal government have any power to intervene? Would they have to be requested to intervene? If so, whose request would suffice?
Would public opinion play any role? Would it matter if the residents of the state are in opposition to or support of the court?
Has anything like this ever happened?


texts: Could using Private Journals be a violiation if used against someone in the court of law?

texts:
What is the legal basis for the prosecution to use ones private journal against them in the court of law.

If so why is this not a violation of the right not to testify against oneself.

If i have this wrong point it out.

to clarify, in state and federal proceedings.


texts:
I turned 18 last July and I do not currently have a drivers license, nor a state ID (meaning I have no actual photo ID) .

However, I do have a passport.

Can I use this when people ask for ID, given that I'm in America as an American, for example, when I'm at the bank?


texts: Can using a "simile" constitute defamation?

texts:
Suppose someone said, "X looks like someone with a venereal disease." That is known as a simile.
Now "X has a venereal disease" would constitute defamation (if untrue). But the statement was "X looks like..."
In the United States would the following, or other defenses hold: 1) "X looks like..." is a statement of opinion rather than fact, and therefore not defamatory?" 2) An expert (e.g medical) witness testifies that a picture of X looks like that of someone with a (certain) venereal disease, whether or not s/he actually has it?"
How about the United Kingdom, where defamation laws are more plaintiff-friendly?


texts: Am I required to provide for my abusive parents' life after I move out?

texts:
Background
My mother died 12 years ago when I was 8 years old and my drunkard father (F) married someone else (step-mother, SM) to help him raise me. Past decade has been a disaster for me. I was constantly wrongfully portrayed as a thief, a liar etc. I was also blamed for the beatings bestowed by F onto the SM, but it was their behaviour the whole time, and I was the scapegoat. It was proved when I moved to college and they kept fighting.
Problem
I feel no love towards them and want to move out soon after graduation. I know that I am happier when I stay away from them. I wish I could sue them, but that could drag for a long time. So cutting off all ties sounds like a better idea.
But the other day SM was blabbering something to the effect of "government will require you to pay for my life when I grow old and you start earning". Is there a process in place where people can demand their unwilling children to provide for themselves? I don't mind doing that as long as I want to. But can something force me to do it ?


texts: Does it violate HIPAA to ask if employees are vaccinated?

texts: My new company requires their employees to wear a mask if they are not vaccinated from COVID-19. When I came in for my first day, earlier this week, I saw some people not wearing a mask, and I asked if I was permitted to take mine off. In response, I was asked if I had been vaccinated, and then informed of the policy. This was by the top HR person in our office. Is it legal for my company to enforce this policy, and was it legal for them to ask me if I'm vaccinated?


texts: Is it enforceable contract to withdraw private prosecution charges for payment?

texts:
Say Rob commits a crime against Bob. Frustrated that the police won't do anything, Bob follows the private prosecution path and files a charging document against Rob.

Rob, seeing that things are getting tough, approaches Bob and offers to settle the case with a payment. Bob accepts and withdraws the charge.

Would this contract be legal and enforceable (in New Zealand)?

Also, would Bob's counteroffer amount to extortion/blackmail?


texts: leave your car unlocked with a "please steal me" sign in window to collect insurance?

texts: The name says it all really.  If someone wanted to collect insurance money on their car could they leave it somewhere with a high crime rate with keys in ignition and a sign that basically invites a theft of the car to collect the insurance?  So long as they don't actively arrange for someone they know to do the theft would they be able to collect insurance on the car, even if the agency knew what they had done?


texts: Can I sell my license plate tabs to someone else if I no longer need them?

texts:
I just moved from one state to a bordering state. I had bought license plate tabs for 2020 in the original state. I had yet to apply the tabs to my original state plates, so they are unused. I just received a new license, plates, title and registration in the new state, and, thus, obtained new 2020 license plate tabs for the new state.

My friend from the original state wants to buy my original state license plate tabs to use on their plate.

I understand that this may be illegal due to the tabs being registered to my vehicle; but, feasibly, how much trouble could this cause my friend if he were to buy my tabs off of me? I imagine the tabs are not highly regulated and the officer would not check the tab numbers to assure registration with the applied vehicle.

Thanks for the answers, in advance!


texts: Can a judge compel a tech vendor to develop software that can then be used to decrypt data from a device designed by that vendor?

texts:
US federal magistrate Sheri Pym of the US District Court of Central California issued Apple a court order compelling it to give the FBI software that it can use to decrypt the San Bernardino terrorist's iPhone. (Wired.com news article)

Perhaps an important note: The phone in question was an iPhone 5C, which does not have Apple's proprietary "Secure Enclave" chip.


texts: What is the law regarding crossing the street on a red light as a pedestrian?

texts:
What is the law regarding crossing the street on red (as a pedestrian)

If a car takes a red, that is a driving violation and they get a ticket...

I'm asking about pedestrians, specifically in NYC it is a very common thing, and just about everyone does it.

I've seen people do it in front of cops, and nothing happened - it's the norm in NYC

Is it legal? is it just not enforced?


texts: Is it legal to read and edit on the fly JavaScript code with a browser?

texts:
If I go on a website, can I read the source code of the JavaScript files?

Even if the code is obfuscated? I precise, not for compression reason, but obfuscated in order to transform the code less readable.

Next, can I modify on the fly the code with my browser (like Chrome for example)? Is this also legal to create a patch for a website? With GreaseMonkey for example?

Now, in this virtual situation,

Take a random free game.
This is an online game (with websocket technology for example).
And this game is totally free but contains adverts. So we can deduce
author of the game intends to make money with their creation.
Their code are obfuscated, not with a minifier easily indentable
(which is more a compressor than a real obfuscator), but with a
"real" obfuscator that transform the original code in something less
readable for humain.
The authors of the website explicitely said that they do not want
that other people read and modify 'on the fly' their code.

So in this precise situation:

Do I have the right to modify on the fly (and also create a patch) in
order to correct a bug?
Do I have the right to explain to others people how this code works?
Do I have the right to modify on the fly the code in order to cheat in this game and explain to other for educational purpose (and free)?

An example for the last point: I modify part of the code that said "my life is 50/100" and I send another message to the server: "my life is 100/100". By using their function to send data about our own life points.

Original code (deobscated) of the developper of this random game:

var send_my_life = function (my_life) { socket.emit (my_life); }

Transformed function (on the fly or in the patch):

var send_my_life = function (my_life) { socket.emit (100); }

I create this example in order to determinate if their exists any borders to the law. I mean, behind this border I can probably do my modifications (for example the game is not online). And accross this borders (for example player can make money with this game) = I probably should not modify the game.


texts: Labour Law - Minimum notice period to prevent breach of contract scenario

texts:
James is hired by company X in South Africa.

The first and second year's he is given a fixed term contract (Period 1 year each).

The third year he is offered permanent employment and remains at Company X for 18 months when suddenly he decides to resign.

James checks his permanent employment contract's resignation paragraph:

The following notice periods will apply for the respective working periods:        Where the working period is:
(i)  Less than six (6) months:   one (1) weeks’ notice.
(ii)  Six (6) months or longer – but less than one (1) year:  one (1) calendar months’ notice.
(iii)  Longer than three (3) years:  three (3) months’ notice.

Which notice period does James need to give to not be in breach of contract?


texts:
Assume Adam, Esquire, is working in Colorado. He has an office different from his home. Let's say Downtown in a sleepy town that has no extra gun control laws. It's 3 AM and he is working on the filings for the next day, the light visible from the front street, but not the back. His trusty Taurus Public Defender is sitting on a pile of files next to him.
Butch decides that he wants to break into the office of Mr. Adam to try and steal something. Butch picks the lock and sneaks into the front room of the office. He entered from the back of the building and didn't see the light, so is not suspecting someone would be there. As a result, he isn't very silent.
Adam hears the commotion and guns Butch down with a snarky remark of "Make my Day".
He knew that Butch committed trespassing besides the breaking and entering - nobody is allowed to be there but him after closure. And Adam reasonably believes that Butch either is attempting to commit theft, destruction of property, or might target Adam to do him harm. That qualifies for the Make My day.... if it's in a dwelling.

But is a closed office after service hours, but separate from the permanent residence, a dwelling that allows to invoke Colorado's “Make My Day law” CRS 18-1-704.5?


texts: Facebook used to determine custody / child placement in court?

texts:
I am seeing a very bizarre predicament wherein an evaluator is relying on a parent's Facebook page to determine the "happiness" of children at that parent's home for custody purposes. This is very peculiar given current news articles and patterns that show that this should not be an acceptable practice and how essentially all of social networking is just an enactment of what people would like others to perceive.

How can I demonstrate that this is an extremely suspect practice from more official sources? Any thoughts on helping authorities to understand that such a practice is unacceptable and demonstrates poor judgement, etc. would be very much appreciated.


texts: anonymisation/redaction of public website content as response to 'right to erasure'

texts:
An organisation runs some public email lists. These are archived, and the archives are also publically available from its website.

A user of the mailing list asserts their "right to be forgotten" and asks that all personal data held by the organisation be deleted.

The organisation redacts all references to A. Person having email address a.person@example.com (as well as other identifying header information like IP addresses) in the list archives, replacing them with Anonymous 12345, anon-12345@example.org, and so on, and retains no record of the mapping.

Would this comply with the request?

The organisation itself has no way to reverse the mapping, but clearly anyone who has received a copy of the message is able to do so.

I am considering this in respect to Recital 26.

If not acceptable, presumably there is no way to allow for archives to be maintained in the face of such a request other than by claiming exemption?
(Is this perhaps stackexchange's approach? ie. delete personal data (accounts) on request but claim exemption on supplied content.)

For electronic mailing list archives, one might also substitute tournament results; or the timetable of a conference that the person attended as a speaker.


texts: What happens under the California Voting Rights Act if appropriate districts cannot be drawn?

texts:
In recent years there has been a fair amount of press about lawsuits brought under the California Voting Rights Act.  As near as I can tell, this law essentially requires cities to draw council districts in such a way that the number of districts where the minority citizens-of-voting-age population (CVAP) forms a majority of the total district CVAP is roughly proportional to the total minority population as a proportion of the total population of the city.  That is, the number of seats that should be "allocated" to minorities is determined by total population, but the determination of whether a given district is allocated to the minority is determined by the CVAP, not the total population.  For instance, if a city has a 7-member council and 30% of the population is a minority group, two of the seats should be allocated to that minority; this means two districts must be drawn wherein the CVAP of that minority group forms a majority of the total district CVAP.  (I am assuming here that other criteria for application of the law have been met, e.g., that there has been satisfactorily demonstration that the minority group is insufficiently represented.)

What I am curious about is whether it can happen that it is impossible to draw such districts due to wide demographic disparities between the total population and the CVAP, and if so, what is supposed to happen under the law.

To take a random example, according to data from the US Census, the city of Santa Maria has a total population that is roughly 71% Hispanic, while the CVAP is about 49% Hispanic.  Supposing the city had a 7-member council, 71% would suggest there ought to be 5 out of 7 districts where Hispanics should constitute a majority to ensure proportional electoral representation.  But because the Hispanic CVAP is only 49% of the overall CVAP, it could be difficult or impossible (depending on the geographical distribution of the population) to actually draw seven districts with equal total population while giving Hispanics a majority of the CVAP in 5 of them.  (In fact Santa Maria has a 5-member council, but I'm just using these numbers to illustrate the kind of demographic situation I'm talking about.)

So what I'm curious about is, how is this sort of thing supposed to work?  What happens if the demographics and the geography result in irreconcilable disparities between total population and CVAP?  Or what happens if districts can technically be drawn to satisfy the requirements, but must be obviously and severely gerrymandered to do so?  Has this question ever been raised?

I'm not actually sure that the California Voting Right Act strictly requires that cities play off the total population and CVAP in this way, but that appears to be the basis for some of the decisions that have taken place (see e.g. references to CVAP here).  I would welcome an answer that clarifies the overall mechanics of exactly what cities must do to comply.

(Also, just to avoid any misunderstanding, I want to make clear that I'm not asking this to try to cast doubt on the CVRA or its goals.  The reason I'm asking is that the city where I live recently underwent a redistricting to comply with this law, and asked citizens to come up with district maps meeting the criteria outlined above.  I tried my hand and found it rather difficult to do, and I wondered if other cities with larger population/CVAP disparities might have even greater difficulties in achieving proportional representation.)


texts: Is it against the Computer Misuse Act to remove client-side input validation?

texts:
I recently ran into an issue where the 'Change Password' form for a website allowed me to choose a long password (50+ characters), but the login form had a lower limit of 16 characters.

This means that it was not possible to log in with the password that I had just chosen using the official form. I ended up having to do a password reset and choose a shorter password.

I had a look at the HTML code using the browser developer tools (commonly known as 'Inspect Element'), and saw that there was a HTML 'maxlength' attribute on the form, set to 16 characters. This is a form of client-side input validation.

As far as I know, this input validation does not provide any actual security, it's just designed for user convenience and should mirror the real user input validation in the code on the server.

My question is whether removing this 'maxlength' client-side input validation myself using the browser developer tools in order to be able to properly enter my password could be considered an offence?

The main thing that would concern me with doing this is that on a poorly designed website, removing this input validation could cause a crash on the server side (i.e. by sending it more data than it is expecting). I guess it could also be 'Unauthorised Modification' of data, but I'm not sure since it's just the local HTML in my browser that I am editing, not the 'master' copy on the server.


texts: Can a LLC that was created end of year claim whole year?

texts: Haven't been able to find an answer to this question. If an LLC is formed in October 2020 when I file taxes in April 2021 for the year 2020 can I claim the entire year expenses for the business in 2020 with the receipts I have or can I just use the expenses/receipts from October 2020 to Dec 2020?


texts: What kind of "Trust" should I choose when applying for EIN? Roll over assets from account held in parents' Revocable Trust

texts:
My parents established a revocable living trust many years ago.  Dad died 12 years ago.  Mom died 3 weeks ago.  One of the assets in the trust is a mutual fund account with Invesco.  They are requiring me to setup a trust for a trust-to-trust transfer because they can't (won't?) liquidate the account directly to me since the primary trustees are deceased.  To create the trust I would need an TIN so I went to irs.gov but when I get to https://sa.www4.irs.gov/modiein/individual/trust-type.jsp I have no idea which kind of trust to establish and what the ramifications are for each.  I am going to call them back but since they might say "We can't advise you on that because it depends on what you want to do, blah blah blah." I am asking here.

Thanks!


texts: Does the GDPR apply to the data subject's computers?

texts:
In this answer to a GDPR question about processing conducted by an app on the user's computer I wrote:

The GDPR only applies to data processed by you on your computer. Any processing that happens on the user's device is the user's responsibility, not yours.

To which the OP replied:

But could you explain why? Does some other part of GDPR specify that?

I looked through the ICO website, but to my surprise I failed to find an answer. It looks as if the drafters of the GDPR did not consider the question.
So: if I write a program which is run by the user on their own computer, and which is designed to process the user's personal information solely on that computer, does that processing make me a Data Controller for GDPR purposes? Answers must cite judicial rulings or regulations which directly address the question.
Note in response to comments: there are other laws and regulations that might apply, but here I am only interested in the narrow question of whether the GDPR can be definitely ruled out as not applicable.


texts: Is it an ethics violation for an attorney in one state to send a confidential email to their client, an unlicensed attorney& the opposing counsel?

texts:
If the content of this email specifically shows the licensed lawyer telling the unlicensed lawyer that "obtaining [the father's] past employment files for child support purposes is an option."
Does this prove that the unlicensed attorney is practicing law outside their jurisdiction and is providing legal advice by representing the "client" in legal negotiations?
Can this be submitted to the state bar both state?


texts:
In Kentucky, when two people want a marriage license, does the license require a determination of gender?

If it does, what evidence (if any) must the parties present to establish their genders?


texts: An (undetermined) fraud in the terms of use

texts:
Before asking this question, I should say some words. Because this question seems similar to another question I asked, I worry someone may mark this as a duplicate without understanding - In fact, they were different.

Disclaimer: This is only an educational case. I am neither the scammer, the victim, nor someone scheming to scam.

Let's say, Tom was scammed by a "bitcoin mining website", the website owner, say, Bob, was a scammer.
Suppose that Bob and Tom are all in the US, and are all under the jurisdiction of the US.

Below is how this thing happened:
One day, Tom opened Bob's website while surfing Google. The website said:

"we have a software, which mines bitcoin at a very fast speed - because it uses new technology to mine bitcoin."
"It is more than 1000 times faster than traditional mining."

Tom was allured by the "potential wealth", so he downloaded the software, and went through the setup, and installed that alleged "New Technology Bitcoin Miner".
The software was made by Bob, too. During the setup, there was a window of "terms of use", written by Bob. At the very end of the "terms of use", Bob wrote down this:

Our bitcoin mining service has been already suspended in xx/xx/2019, due to legal and financial reasons. You can still use this software, but it will only work as a simulation, therefore, it will not produce real bitcoin.
Agreement to this term of use means that any payment you make in the software is regarded as payment for the simulation.

However, Tom was too hurry, so he didn't read the tedious "terms of use". He straight clicked "Agree" and installed the software, a/k/a "New Technology Bitcoin Miner".
Then, the software began asking for payment. It said to Tom: If you want to mine bitcoin, you should pay $999 for our service first.
So, Tom paid $999 and started "mining bitcoin" in this alleged "New Technology Bitcoin Miner". The software simulated the mining process. At last, Tom got no bitcoin into his wallet.
(And, in fact, the alleged "New Technology Bitcoin Miner" didn't do real mining at all.)
Tom felt he was defrauded, so he was about to report the website owner, Bob.

My questions:

From the perspective of US law, is Bob doing this regarded a fraud?

Is this a criminal case, or a civil case?

What evidence can Tom provide to support the lawsuit?


texts: My wife does not eat since 4 days, and threats me by divorce. How to save our family with a baby?

texts:
We are in Germany. Both of us, and also our baby (2 months old) are the citizen of another (EU) country.

Recently she became very crazy, and I don't know, what to do.

She does not eat. The case is serious, she lost about ten kg in the last weeks.
She is very agressive, (unfairly) critical about everything.
She continously threats me by divorce, without specifying a reason.

I think, she might have post-natal depression, caused by that she can not sleep more than 4 hours at once since months. As our baby grows, this problem would probably solve itself, but how to avoid until that, she does some irrecoverable?

I am thinking on things like these:

She might harm the baby.
She might get self-harming or more bad.
She might simply pack and go back to home.
She can also file for divorce, either by Germany or by home (if she does it, she will probably first go home, and then file for divorce there).

I am thinking on, that I could call some "Jugendschutz"-thing (state agency for youth protection). However, if I do that, they will either take away our baby, or they will do nothing. In both cases, my wife will likely divorce me.

Until our baby will be able to sleep 8 hours at night, it would take at least months. My family probably won't survive that.

What to do?


texts: Is it criminal for POTUS to engage GA Secretary State over Election results?

texts:
Given recent headlines regarding the Trump-Raffensperger phone call regarding GA election results, experts like Preet Bharara indicate criminal conduct.  If this is true,

What exactly would a prosecutor charge? State?  Federal?
Would Trump be vulnerable to Federal prosecution of the phone call after he leaves office?

I would think that the proper venue for POTUS to stake any claim would be in the judiciary system (courts)?
I am not a lawyer, however, I do enjoy learning the lingo.  Thank you for the thoughtful response.


texts: Question on intent in Texas forgery case

texts:
(f)  A person is presumed to intend to defraud or harm another if the person acts with respect to two or more writings of the same type and if each writing is a government record listed in Section 37.01(2)(C).

Does this mean if a person had only one counterfeit bill then they would not be presumed to have intent to defraud? I apologize if there's something here I'm missing.....


texts: Can fiction "fail" to be defamatory if it is "less bad" than the actual facts?

texts:
In the year 2000, Fox TV produced a rather embarrassing show called "Who Wants to Marry a Multimillionaire." Insiders know who did what within the show, but suppose someone produced a fictionalized version of how the show came about, and referred to Mr. X and Mr. Y, or Executive 1 and Executive 2. I would imagine that this would protect one from a lawsuit by the executives themselves. Would it protect one against a lawsuit by Fox?

I read somewhere that a fictitious (and presumably false) statement will not be considered defamatory if the "sting" of the actual facts is greater than the false statement. Put another way, a false statement is not considered "defamatory" if it does "less damage" than the facts. How does this work?


texts: What happens to past legal liabilities after changing from self-employed to a limited liability company?

texts:
If a self-employed worker takes on contract jobs and then later on, after finishing any of those jobs, changes their business into a limited liability company,

Who is responsible for any liabilities from a past contract that may still be in continuation?
Who is responsible if sued for a past contract?

※Who = Self-employed individual OR newly established company.
※I don't expect a country-specific answer, mostly because it is not an English speaking nation. A general answer or an answer regarding the US or UK(new national laws seem to often be similar) would be appreciated.

Regards.


texts:
My landlord came and did a carpet cleaning, but did not notify me in advance. Luckily I was there to remove my dog, an emotional support animal, from the premises in order to ensure she wouldn't get hurt by the chemicals. I have done research and learned that many chemicals present in carpet cleaner are deadly to dogs. If I had not been there to remove my dog from the premises, my dog could have died, especially considering her small size which makes her more vulnerable to the chemicals. Is it illegal for my landlord to endanger the life of my emotional support animal?
If so, please point me to the law that says the landlord must provide a safe environment for my dog.
I live in Utah.


texts: In which contexts can a landlord disclose a prospective tenant's personal information to third parties?

texts:
A roommate and I are applying to apartments and rental houses in Baltimore, Maryland.

One landlord gave us a form for us to fill out references for our employment and past rentals.

We felt the form was pretty invasive because it collected a lot of personal information not directly related to evaluating us as tenants. In particular, it asked for: our SSNs, our drivers license IDs, our current address, it requested to inspect our current residence, etc.

Despite our better judgement, we filled it out anyway.

In following up on our employment references, he forwarded the entire reference form to my employer. This is deeply disturbing to us. Especially because my employer obviously doesn't have my roommate's SSN.

Is this a violation of our rights? If so, which laws did he violate?


texts: This is the first year I am working with a my tax person, and they intend to file for me as described above. My question is about the contract they sent over, which is not that extensive, but the part, which I like to get your comments about is that "...you have the final responsibility for the income tax returns...". Now being a novice, I went back and read my tax returns from previous years, and the associated documents from a very popular if not the most popular tax service here in the States, and I don't see anything similar to it. But they never did SP for me. I am embarrassed to say I know next to nothing about this, and I have already got a book to educate myself in this area. But any advice is greatly appreciated. Am I being overly concerned? Given that I exchanged a number of emails with my current tax person, I wish they had told me ahead of time and perhaps even sent me a copy of the contract they would want me to sign. But it is so short that I am not sure if I am over reacting. What are some requirements for filling a SP income tax? Is it more risky to do? What are the long term requirements for filling SP? Would I be locking myself into anything if I do this?


texts: I am planning to write an interpreter (sort of an implementation) of Visual Basic (or more precisely, Visual Basic for Applications - VBA) on my own. I could not find anywhere what's the license of the language. Are only it's implementations proprietary?


texts:
Wondering if code numbers such as 31 U.S. Code § 5330 ever get revised.

So one day it is like this:

  Title 31 › Subtitle IV › Chapter 53 › Subchapter II › § 5330 › (a) › 1

And the next day it becomes:

  Title 35 › Subtitle I › Chapter 10 › Subchapter II › § 5330 › (a) › 3

That is, they either shift it around like that, or they adjust the local position like this:

  Title 31 › Subtitle IV › Chapter 53 › Subchapter II › § 5330 › (b) › 3

Or if it can never change because there is no concept of "versions" of the code (I'm not sure).


texts: Has anyone been imprisoned for noncommercial copyright infringement under US law?

texts: Has anyone who was not making money on copyright infringement been imprisoned for copyright infringement under US law?


texts: Is it legal for a company to require signed permission from one's current employer before applying?

texts:
If a person is employed at Company A, is it legal for Company B to require a signed document of permission from Company A before applying? This would obviously put the applicant in the uncomfortable position of telling their current job they want to explore other options.

The two companies have done business but their MSA does not specifically disallow hiring of each others employees.

Does such a requirement not essentially constitute a "no poaching" agreement?

Edit:

The jurisdiction in question is the United States. I am more specifically wondering if this is an anti-trust issue. It places a burden on employees of a certain company that is not present on others.

Here is a summary of the US Justice Department and FTC's recent anti-trust rulings.


texts: Where does the money from speeding tickets go in Massachusetts?

texts: I have noticed a significant drop in both local speed traps and predatory cruising by state police in Massachusetts. At a number of well-known speed trap locations I have not seen a car in many years. My suspicion is that somehow the way the money is getting distributed has changed and this has reduced the incentive for setting speed traps. So, my question is two fold: how is the money from speeding tickets get allocated currently, and has that changed in the last 10 years?


texts: What is the extent of copyright laws? (UnderMartian)

texts:
I was reading on a new Chinese company called "UnderMartian" which seems to be openly ripping off of UnderArmour and not even trying to hide it. UnderArmour has stated they will attempt to pursue all "legal action" possible, which has raised my question.

Since this is a company in a different country, to what extent is even possible for UnderArmour to enforce or bring legal recourse to UnderMartian? Can a United States (I believe it is) company even have the right to say what China can/can't do in terms of copyright? If so, then what about Didi Kuadi (the Uber competitor) in China, TanTan (the Chinese Tinder) and companies related do and why have they not attempted legal action (though I can understand that these are a far more stretch).


texts: Can I relicense GPL software I make even if there are contributors?

texts:
I am about to release an open-source library (it's a derivative, but the original is MIT licensed). I'm considering releasing under GPLv3, especially since my understanding is that as the copyright holder, I'd be free to distribute it under a different license at the same time or later.
My concern is: can I still do that if other people contribute? In particular I want to keep the ability to release it under the LGPL or BSD licenses, with contributions made by others. (I understand that I would not be able to undo the release of the same code under GPLv3.)


texts:
I am a software engineer.  While I was working for a previous employer I built a software system from scratch.  Part of my employment agreement was anything made for that employer on company time or using company resources belonged to them.  Approximately 6 months ago I left that position and took a position with a different company.

A few months ago I realized that several of the technologies and techniques I have learned while working with the new company could be applied to that system to make it much better.  I have been thinking about rebuilding a similar system on my own and trying to sell it.  As far as I am aware there are no patents or anything like that on any parts of the system.

Given that the new system will be very similar to the first system I built, and utilize many of the techniques I figured out while building the first system, will my former employer have any rights to the new system if it’s built entirely with my own personal resources?


texts: Is Jersey A member of the European Economic Area

texts: Specifically, would companies with registered offices in Jersey count as being incorporated in the European Economic Area?


texts: Is calling for "Bastille Day" on a forum illegal?

texts:
In this posting I argued for people who have access to classified information to start leaking information. Someone replied saying that my posting is in itself a violation of the law:

  You do understand that this post is treason under federal law right? You are calling for an over throw of the government, that's what "Bastille Day" was, the start of the French revolution... your comments are very, very dangerous, and I know for a fact... the secrete service, FBI, NSA and other government agencies are monitoring ALL of these boards and they know your true identity... This is a very, very foolish post, and it is too late to take it down they know where you are... not smart.


texts:
I am living in London, UK. I am considering co-renting a 2 bedroom flat with a close friend of mine.

We have a large living room in the flat which we are considering renting out on AirBnb (this could save us as much as £400 each a month on our rent). But does this count as subletting?

We would not be entering into a tenancy contract or agreement with any potential guests.

What repercussions could we face?
Could the landlord demand we pay all profits made from this 'venture'?


texts: Creative Commons: Is attribution of the original creator needed for a derivative work?

texts:
Imagine I have created a video which I have licensed under CC-BY 4.0. Person B created a new video for which he included parts of my video (whereby he attributed me in a proper way).

My question: When another person C uses the video of B, does he still need to give attribution for me (independent of the license B used for the derivative video)?


texts: What proportion of UK statutory instruments are passed using the negative resolution procedure?

texts: I know that most EU directives are implemented via Statutory Instruments passed via the negative resolution procedure, but is this procedure commonly used for law with a UK origin?


texts: Can I forbid the government from using my patented invention?

texts:
(this is a purely hypothetical situation, for literary research)

I've filed a patent on a certain technology for facial recognition/analysis, and as the patent holder I want to use my exclusivity to ensure it's not used to harm anyone.  Unfortunately, the nature of the invented technique can be easily misused for what I believe are evil purposes.  Military, then law enforcement agencies, have begun connecting me with manufacturers who want to incorporate my technique into their software suites, to which I am firmly opposed.  Mind, the patent is still in review, so getting inquiries this soon strikes me as odd.

My question is, can I deny the military use of my invention should the patent be approved, and if not, are there any ways in which I can sabotage or otherwise render it difficult for them?  Perhaps by requesting an impractically large royalty or purposely presenting a subtly faulty implementation to their manufacturing firm?


texts: Can a civilian be liable for acting in an unlawful manner under the command of police officer?

texts: For example: It is illegal to lockout a Tenant from a property in which they claim they are residing in without given notice. The Police officer knew for a fact that this tenant was illegally residing in an apartment because he knew who  the true tenant of the apartment was. The Officer than proceeded to command the Landlord to illegally lock-out the "fake" tenant causing the Landlord to be subjected in an unlawful act. Now, would the Landlord be held liable for simply doing what a police officer told him to do?


texts:
I heard that reprints of ancient texts can only be copyrighted for their format, but not their actual text.
But if you like the format, how close to the published format can you get before it's copyright infringement?
(Also, if my premise is wrong, please correct me)
This is an educational question and I am curious if such a case is even possible, and if not, how such a case would go about being decided.


texts: Giving contact information on estranged family member without consent

texts:
Background: I'm based in the UK, specifically in England whilst my brother is in Scotland. We are also both adults.
I have a bit of a weird situation and I wanted to know where I stand legally.
Firstly, I'm estranged from my father and have been for nearly 10 years with absolutely no contact. I do not want any contact with him for a number of reasons including toxic behaviour (which will become apparent below) and I have made him aware multiple times (as I was breaking contact with him) that I do not wish to have any contact with him.
Most of my family have accepted this and will not even discuss my personal life with my father on my express wishes.
My brother on the other hand does have regular contact with my father and recently my father has been making claims that he "cannot move on with his life" without knowing about me specifically and is making threats towards his own life if he cannot "resolve" this. To clarify I don't want my father to take his own life, rather seek help from an appropriate professional.
I don't want my father to know anything about my life or where I am currently living, but my brother has now given me an ultimatum stating he is going to hand over my contact/personal details even without my consent because he can no longer deal with my father's behaviour.  I have been explicit in stating he does not have permission to do this.
Can he legally provide my personal information to another person without my consent in this scenario? Is my brother breaking any laws by handing my information over against my wishes?
UPDATE: In relation to being on telephone directories and Internet searches - my father doesn't know my current location and I've legally changed my surname so it would be almost impossible to initially look me up without my brother providing my personal information.


texts: Can IRS tax an offshore business operated by a non-resident alien in U.S?

texts:
The business is incorporated offshore. It is a company selling software applications. There is no office in the U.S. It has nothing to do with U.S. except:

The owner of the offshore company is a non-resident alien in U.S, running the business on the laptop in U.S.
Its servers are based in U.S

So if the owner of the business runs this business outside U.S, no tax at all, but does being in U.S. bring any tax responsibilities? If the owner runs the company in U.S. without being an employee or getting salary, does he have to pay any tax?


texts: Attention and Effort Clause (State of Washington, USA)

texts:
I need some clarification on this Attention and Effort clause in a non-compete document presented to me (as part of an employment offer).

  ATTENTION AND EFFORT. During employment, Employee will devote Employee’s entire productive time, ability, attention, and effort to furthering the Company’s best interests and will not (without the Company’s prior written consent) carry on any separate professional or other gainful employment, including self-employment and contract work.

There are a few things that are unclear to me because of the ambiguity of the words used (I am not a lawyer). And I have search around the interwebs but have not had much luck so it would be amazing if someone could help clarify:

What is "entire productive time" defined as? It cannot possibly refer to the entirety of the time I have in the day (while I am awake), can it?
It is unclear to me whether the part on carrying on any separate gainful employment or contract work is a separate covenant or only applies to my "productive time" working for the company? Basically I am asking if this is saying that I cannot earn money outside of work PERIOD on my own time (not using company resources or equipment or competing with said company of-course). I'm hoping not but am unsure.

Any clarification on #1 or #2 would be greatly appreciated.


texts: Must employer do something about aggressive customers?

texts:
I work in a liquor store where often times I am the only employee. Today a customer acted aggressively and said he wanted me to come outside with him (presumably to fight). He was also swearing at me. I told two managers and they didn't care. I asked to pull the video surveillance so we can ban the customer for the store but they said this usually doesn't happen. When this happened there was another coworker scheduled to be on, but he was in the storage room. Also we are supposed to have a panic button but it was broken and removed.
Does an employer have a responsibility to provide a safe work environment to the extent of doing something about aggressive customers?


texts: How to find commercial litigation in state of California?

texts: In the state of California, how could one find out if a commercial company had ever sued another company?  How could one get the records of that litigation?


texts: Duration of a license granted without specific bound

texts:
Recently, a node software developer asked that his packages be un-published from an index of software packages called "npm" when the developer was threatened with trademark infringement.  The package un-publication caused a cascade of functionality problems with software dependent on one of these packages.

The developer had not explicitly revoked their license, this question is related but on a more general focus.  What if the core open-source packages we depend on so critically were suddenly revoked and re-published with different terms, or none at all?  Can we create a derivative work based on previously published terms?  If we've already created a derivative work bound by the same license as the original author, are we infringing if they revoke the original license?

The specific wording of the most popular licenses do not explicitly grant for any particular term.  Does that mean it's only valid until explicitly revoked, or perhaps it's valid perpetually/until copyright expires?

Possibly relevant cases:

TV Globo v. Brazil Up-Date Weekly
Rano v. Sipa Press
Walthal v. Rusk


texts: Are so-called "BDSM Contracts" legally enforceable? What specific laws would forbid this?

texts:
This is a serious question, and I'm hoping and thinking the answer is no, but I was hoping to get perspective. I heard from someone online claiming to be a law student that they might be, and I was disturbed at the thought that a court could potentially enforce physical contact.

For a specific example, let's say there's a contract that allows one party to spank the other at their discretion. Let's also say that the victim in this contract also receives some monthly stipend (just to take care of the "consideration" rules, maybe $200).

Let's also say there's some sort of outrageous, one-sided termination clause--like $100,000 for the victim to terminate the contract.

I'm thinking this wouldn't be enforceable for the following reasons:

Spanking an adult constitutes battery/assault, which is a criminal offense, and a contract cannot have terms that are illegal or criminal.
If there was a prior romantic relationship between the two parties, the contract might have been made under coercion (I'm not sure of the exact terms, obviously IANAL)
The outrageous, one-sided termination clause might be used as evidence the contract was signed under duress, or it might violate some other principle that would void the contract

I'm mostly interested in what specific laws/legal principles would prevent this from being enforced, or if I'm wrong and the law student was actually right.

Thanks!


texts:
Any search engine has an image search service.
Typically they make profits (with ads) offering images, they do not own and, since it is unlikely that images  are in the public domain, they use generic disclaimers, such as "Images may be subject to copyright".

It should be noted that  professional image sellers use, on their websites, sample images in low size/resolution with  watermarks and they make available the high quality images only to paying  users. So those  scraped by search engines are the low quality images.

In a similar fashion, with respect to articles' images,  Wikipedia states  "it is believed that the use of low-resolution images [...] qualifies as fair use under the copyright law of the United States."

That being the case, what if,  we do the same in a presentation for a talk? i.e. we enrich the presentation  with a couple of images found,  say, in images.google.com.

Is that still a fair use?
Can we too use a generic copyright disclaimer?
Or Is it a good idea to add a reference to the image source at the end of the presentation?

It bears mentioning that the images in a presentation are only an embellishment to a larger work, while a search engine is selling as-is copyrighted images.


texts: UK Consumer Rights - Final Right to Reject Time Limit

texts:
I was sold the wrong product online, however the seller refuses to refund me since their refund policy is 14 days, and it has been 40 days since delivery of the product.

On websites such as Which? (section 3, Contact the retailer), it is stated that there is a right to reject the product even after 30 days. However, I have been unable to find an explicit declaration of the time limit for this "final right to reject" in the Consumer Rights Act on legislation.gov.uk, and the seller is refusing to refund me if I cannot find one.

So the question is: where exactly is the time limit (if any) for the final right to reject stated in the Consumer Rights Act?


texts: We are making a college board game, and would like to know if we can use a few monsters from dnd to make our game. We don't use the same name as you do, just the images from online and the books.


texts:
How many resources will be expended to execute it? Is this process self-funding?
Say, if it prescribes that assets should be disseminated only upon a condition, possibly many years in the future, can I be sure it will happen exactly as described?
For example, can I award my legacy to someone who solves a certain equation (where the verification of this might be complex, and costly in time and money)?


texts: Do complaints under the Privacy Act of 1974 need to be made in local court first?

texts:
In cases where a complaint involves a US Federal law, like the Privacy Act of 1974, does the petitioner need to file the complaint first in a local (state) court, or can the petitioner file immediately in a Federal district court and skip the state court?

For example, let's imagine that a person feels that a state agency is using Federal information, like a social security number, in a way that violates Federal law. When the person goes to seek a remedy, can they make their initial pleading in a Federal district court, or will the judge of the district court require that the complaint be made first in the state where the alleged violation occurred?

If so, this seems strange to me, because if I am required to go to a state court first, then I am essentially requiring a state judge to interpret Federal law, which the judge is probably not qualified to do because they will not be expert in Federal laws.


texts: How can I protect my family land, my family relationships, and my husband?

texts: My grandmother is the sole owner of 40 acres of land. Her will states that it will be divided between her children, my aunt and my dad, upon her death. My father died a few years ago, and my grandfather last year. I have been living on the property for 3 years now, paying bills and assisting in paying the insurance and taxes on the land. In that time, I got married. My husband and I would like to stay on the family land and my grandma is overjoyed. We have plans that include building a house and starting a small business which would be housed, at least initially, on the land. She is so happy that she is talking about deeding the land directly to me soon instead of passing it on after she dies, and my aunt is supportive-I don't think she wants the hassle. Her only stipulation is that it would go directly to me and not my husband, which he understands. She offered the land to each of my siblings to caretake before me, but I was the only one to accept and move to the property. Now my siblings want to be named on the deed as well, and have some level of control. My concern is that if something happens to me and my husband has built his life here, what assurance does he have of not getting thrown out in the street? Is there a good solution to make everyone happy here?


texts: Non-fault accident, while driving someone else's car and car has been sold

texts:
My financée was involved in an accident that was not her fault. The other driver's insurance does not want to cover the cost of damages. Here is where it gets complicated.

The car belonged to my financée's mother
My financée was driving
My financée's mother did not want to fix the car since it was for sale at the time of the accident
The car has since been sold

We had an estimate done for damages (~$4000) at a body shop before the car was sold. Would we still be able to file a lawsuit without having ownership of the car? If so, would it be my financée (driver) or her mother (vehicle owner) who would file the lawsuit?


texts: Can a state regulate international money transfers?

texts:
A state representative from Texas next week will introdce HB 1760. The bill as presented will require persons here illegally who wire money outside the country to pay a 3% fee plus $5 per transaction. It will require those who do present a state issued ID in order to avoid the fees. So anyone wishing to wire money who is a legal citizen must present ID but if they leave it at home or do not wish to have it recorded in a database will have to pay.

Is something like this even allowed to be regulated by a state? I thought it was in the federal government's domain to regulate international commerce?


texts:
Recently a website which provides e-mail service, kind of like gmail, but a smaller Estonian version of it got breached. The hackers got access to my e-mail and therefore all the accounts I have connected with this portal. They most likely stored the passwords in plain text, since I got some threat e-mails and they included my passwords in the threat e-mail to prove they have access to it.

They claim to have some video recorded from my laptop camera, and ask for bitcoin payment to not leak it. I call it a bluff and most likely they don't have anything.

Can I demand some compensation or even sue the company for having such a bad security layer on their portal? Or should I just accept it and move on?


texts: Choosing Domain Name and Avoiding Lawsuit?

texts:
So say I wanted to create the blog "TheSportLad" that is about sport news and "Lad" as in (young man). Say there is a small blog called "TheSportLand" also doing some news about sports. Would I be infringing on anything?

I checked to see if the site has any trademarks registered and it doesn't. The site seems very small with few blog posts. Also, I'm from Europe while the site seems to be registered from the US if that means anything. Would love some information!

PS: the above examples are not the actual domains I'm talking about just similar in nature in terms of the name similarities.


texts: Is an adaptation or translation of a public domain hymn also in the public domain?

texts:
In Christian hymnbooks today it is common to find hymns that were written in the 1700s or 1800s. However, most of the time these hymns have been adapted, to modernize older language, or to adjust the meaning of a phrase for a broader audience.

According to current copyright law in the United States, printed works published before 1923 are in the public domain. Are the adapted versions of pre-1923 hymns that appear in current hymnbooks also in the public domain? What about translations?

An example is the hymn "How Firm a Foundation." Different texts can be compared here:
https://hymnary.org/text/how_firm_a_foundation_ye_saints_of/compare

I am interested mainly in the United States copyright / public domain law.


texts: How to anonymize network data packets for commercial use?

texts:
I am working on a project where I have to identify anomalies in network traffic of business networks with machine learning. The algorithm is feeded with captured network packets from inside of the business LAN. Since the business is located in Europe, constraints by the GDPR have to be considered.

I need a tool that captures, anonymizes and saves data packets with following constraints:

values should stay unique when anonymized (e.g. the same IP address
should always be encrypted to the same hash value and any other IP
addresses must have a different hash value). This is important so the
hash can still be used as a feature for the ML model.
the process of capturing and saving the packets and the commercial
use of the resulting, partially hashed data packets should comply
with the GDPR guidelines. The packets are recorded on a computer
whose owner has agreed. However, not everyone on the network knows
that it is sniffed.

What I have tried: I have been searching for tools specifically to capture network traffic and anonymize source and destination IP and MAC adresses and found pktanon. Data captured by tcpdump can be piped to pktanon and anonymized, before it is saved. Also, the payload is completely deleted beforehand.

My Question: Do I have to consider anything else but hashing source and destination IP and MAC adresses?

Apparently it is not sufficient to anonymize IP and MAC addresses. For example, it might be possible to recalculate parts of the payload with the checksum. I'm not 100% sure if this is relevant and also I do not know which encryption algorithms meet the requirements of the GDPR.

In another thread I have found an answer which elaborates the problem. It states, that

  it is legal to process personal data if processing is necessary for
  the purposes of the legitimate interests pursued by the controller or
  by a third party, except where such interests are overridden by the
  interests or fundamental rights and freedoms of the data subject which
  require protection of personal data

Does this apply to my problem? Is it possible to argue that it is a legitimate interest to secure our LAN by processing personal data of all incoming data packets?

I think I'm sort of in a gray area when processing (officially) personal data. This can further be divided into packets from employees of my own company, who can be informed, and packets from outside of the LAN.

Thanks in advance!


texts: How does the selection process for jury duty work?

texts:
I've recently received a jury summons and since this is all very new to me I've spoken to a number of people I know, it turns out no one I've spoken to has ever been summoned, leading me to believe it's relatively uncommon. Yet less than a week later, my partner also received a summons to a separate case in a different court.

We're not legally connected (not married or currently living together), the only similarity visible to the government that I can think of is our ages (mid 20's).

Is this just the product of bizarre chance, or does the selection process (UK) involve anything that might cause this?


texts: When filing for bankruptcy, is everything filed publicly accessible via PACER?

texts: I know bankruptcies are public records, but does that mean everything you file is public? Every debt, even personal ones? Every domain name which would otherwise be protected by registrar privacy? I don't want to pay for PACER to see an example. Can people see the forms as filed or just the judgement?


texts: When a person dies is his estate liable for income taxes on a IRA ( USA)?

texts: Is the deceaseds' estate liable for USA income tax on an IRA ? Or is the IRA paid out to designated beneficiaries which then makes them liable for the taxes ? Thinking of a modest amount , well under one million dollars.


texts: User consent for Google Ads snippet under GDPR?

texts:
Let's assume I run a website that doesn't place any cookies and doesn't track visitor's information. However, it uses Google Ads to attract visitors. And Google demands that advertisers disclose conversion data for each ad, and requires that I include a JavaScript tracking snippet on each page.
As far as I can tell, this snippet does not place cookies and neither does it collect personal data. I assume that if tracking data is connected to an individual, the individual gave their consent to that by signing up to a Google. The only thing the snippet does is telling Google's servers when a conversion takes place and that somehow they do some cross-site tracking.
Is running the Google Ads snippet something that visitors of my website should consent to, before I do this?
My assumption for now is that disclosing this in a privacy statement should suffice.


texts: What are the legal consequences if caught violating the COVID-19 Metro Manila curfew from 2020-03-15 to 2020-04-14?


texts: Why does the Wikipedia article on "sex offender" list "sexting" as a crime?

texts:
Some of the crimes which usually result in a mandatory sex-offender classification are: a second prostitution conviction, sending or receiving obscene content in the form of SMS text messages (sexting)

Source: https://en.wikipedia.org/wiki/Sex_offender

Wait... How is "sexting" a "sex crime" or "sex offense"? Is it implying that it's done to a minor? Has the article been vandalized?


texts: Can a S.Korean game have the right to steal money and items and close your acct for no reason?

texts: I have played Kalonline since 2012.  You use real money to get virtual money to use in the game to purchase items.  I simply tried to change a password on one of my 3 accts.(which they encourage us to do) and they blocked all my accts. The items and virtual money is worth a lot in US currency.  They ignore my messages, and e-mails...Is there anything I can do?  Thanks so much, L.Kupau


texts: Are companies in the United Kingdom entitled to make data subject access requests?

texts:
Are companies in the United Kingdom entitled to make data subject access requests, or is this right limited to non-companies such as individuals?

Which statute permits or prevents them from doing so?


texts:
For legal purposes in the US, is cream cheese considered "cheese"?

Who regulates this and what definitions do they give?

If someone is contractually obligated to provide cheese and they provide cream cheese, is that acceptable under the law?


texts: Is it always permissible to republish the Metadata of a website?

texts:
If you right click in this website and select "View page source", you can find between hundreds of lines of code the following:

    <meta name="twitter:card" content="summary">
    <meta name="twitter:domain" content="law.stackexchange.com"/>
    <meta property="og:type" content="website" />
    <meta property="og:image" itemprop="image primaryImageOfPage" content="http://cdn.sstatic.net/law/img/apple-touch-icon.png?v=ff6a1ab1aaef&a" />
    <meta name="twitter:title" property="og:title" itemprop="title name" content="Ask a Question" />
    <meta name="twitter:description" property="og:description" itemprop="description" content="Q&amp;A for legal professionals, students, and others with experience or interest in law" />

This information is normally set in order to be found in web search engines or to share in social networks. For example, the meta property called "og:image" contains the link of an image that will be published if we copy/paste this url in Facebook. Or the "meta tags" (not available on this website) will allow some old fashioned search engines find your website.

So as this information is meant to be public in order to get found, is there any problem if I copy this information and publish it in another website with attribution? What about the image?


texts: How do I copyright songs under "Creative Commons?"

texts:
I have some songs that I want to to copyright. Some of them I want to copyright under "Creative Commons" and some I want to copyright under "All Rights Reserved."

I know how to copyright songs, but how do I apply "Creative Commons" or "All Rights Reserved" to a song?


texts: Should a contract state that signing means you agree to it?

texts:
Is it possible for a person to (successfully) argue that if they signed something, just because they wrote their name on the same piece of paper,  it doesn't mean that they actually agreed to it?

For example, in some contracts I see statements like "I agree as follows:" at the top, or "by signing you agree to the above mentioned terms and conditions" at the bottom. Is this necessary? I once had a job offer where they asked me to sign irrelevant of my decision to accept or reject offer. However, the contract still had a check box for whether I would be accepting or refusing it.


texts: In a UK grant of probate does the value of the estate recorded include any deductions?

texts:
Once probate is granted (in England) both the will and the grant of probate become available as public records. The grant of probate records the gross and net value of the estate.
My expectation is that these should be before any deductions, tax allowances or distribution of gifts based in the will. Can someone with legal knowledge confirm this is the case?

Background: I suspect an estate has been undervalued (due to fraud). It should include the value of a house solely owned by the testator plus additional assets and savings. The will does not show any gifts to charity (if there are any they may be in a letter of wishes which is private and thus unknown to me). I want to be sure the probate grant means what I think it does before taking further action.


texts:
You may have seen the recent video of the lawyer who couldn't turn off the cat filter during a Zoom trial.
What struck me about it is the legal warning in the top left frame warning that it is prohibited to record or livestream the hearing. And yet somebody recorded it.
Is somebody going to face contempt charges for this?


texts: Going to trial on civil conspiracy claim when underlying tort claim is settled?

texts: If a fraud claim for example is settled against a certain party defendant, can a dependent civil conspiracy claim still stand against another defendant that did not commit the tort but conspired to do so? Or is it subject to dismissal as a matter of law after the underlying tort is settled?


texts:
I have an employment contract I'm signing and there's a clause for Assignment of Inventions that states pursuant to California Labor Code 2870.  Does this imply that if I don't live in California, this clause still applies?

Here's the full paragraph from the document:


texts: "Ignorantia juris non excusat" vs "defence for the accused to prove that he did not know?

texts:
I thought that https://en.wikipedia.org/wiki/Ignorantia_juris_non_excusat is one of the core principles of the law and how it is structured.

Here is a snippet from the UK law: https://www.legislation.gov.uk/ukpga/1989/41/section/97

  In any proceedings for an offence under this section it shall be a defence for the accused to prove that he did not know, and had no reason to suspect, that the published material was intended, or likely, to identify the child.

The Court order itself:

  The names of the children set out in the heading of this Order and the names of the persons set out in paragraph 1 are not to be disclosed in public without the permission of the Court.

My understanding is that I cannot disclose my name, because that would identify the children.

I am not talking about the Court using my legal name, I am talking about the Court using the fictitious name "Michael Freeman".

But if for some reason they go back and match the fictitious with my legal name then I can use the defence that I did not know?


texts: Alternative to supplying extensive personal ID to have a fraudulently opened account closed

texts:
I recently received an email outlining an order for an Internet service to a US mainland address from a US-based service provider.  The order included an account number, order number and a street address and addressed me by my full name which can easily be determined from my email address.  A little while later I received another email advising of a FedEx shipment to deliver some equipment to that address with a tracking link to a genuine FedEx consignment.
I am neither a US citizen nor resident, have never visited the US and do not hold any interests or rights in any US property, companies, etc., and barely know anyone personally who resides in the US - i.e. I have no reason to be placing such an order.
That night - and again two days later - I used the service provider's "chat" facility to talk with their customer support and advised them that I had not created that account or placed any order, and that the "Order Confirmation" email I received was the first time I became aware of the account or the order or even that company.  I told them that someone was clearly using my email address and very likely my name to fraudulently place the order etc.  In short their response was that the only way to deal with it is to mail (post) to their "Security Team" a fully completed "ID Theft Reporting packet".  This "packet" demands the following:

A fully completed and notarized ID Theft Form;
Photocopy of a valid government-issue photo-identification card; (driver’s license, state issued ID-card or passport.)
Proof of residency during the time of disputed bill or fraudulent account; must include name, date, and service address not a PO Box.
(For example, a copy of a rental/lease agreement in your name, utility bill, or insurance bill.)
A copy of the report filed with your local police or sheriff’s department, or a completed incident report from the Federal Trade Commission.

The "ID Theft Form" demands:

Full Legal Name
Date of Birth
Social Security Number
Current Address
Daytime and Evening phone numbers
Details and copies of police reports etc.

I would very much prefer to not assemble and post to a company that I have never heard of before a set of paperwork that would give someone all the information they would need to easily set about stealing my identity.  Additionally they indicate that it may take some time for them to process the "packet" once received.
Are there any alternatives to having to supply all this information to them to get this account closed and recognised as being fraudulent?  I attempted to have them cancel the order before the equipment got delivered but they declined, so that has now been shipped - and delivered without requiring a signature.  I have lodged reports with the Australian authorities and with the FTC and I am currently working through the FTC's remediation steps.  Nevertheless I feel that it would be prudent to get this fraudulent account dealt with as quickly as possible.


texts: How do US appellate courts know the facts of the case?

texts:
My understanding is this: In the United States, in a jury trial the jury is the finder of fact, but they are not invited (or permitted) to share any of their findings beyond guilty/not guilty. I also know that a verdict of guilty can be appealed. Also, appellate courts aren't supposed to rule on questions of fact.
This, to me, looks like the court has no way of having any facts. So, what exactly do the appeals courts base their decisions on?


texts:
I am reading about special education law.  In this article, I see phrases like this:

  Court adopted Mgst recommendation and ruled that ...

What does "Mgst" mean?


texts: How is downloading a movie from the internet different from using home recording equipment?

texts:
As I was watching Despicable Me on free-to-air TV, I was thinking that maybe the next time it runs and Frozen I should set my PVR set top Box to record them.

But then that got me thinking: if I recorded a movie from TV to my PVR (which records as .avi) and transferred that from the PVR to my PC, I would have done the exact same as downloading from the internet, except I would have gained 2 extra things:

I would have skipped the first step in recording it
The download wouldn't be subject to unexplained signal screw-ups causing things such as graphic artifacts, unexplained drop outs of the station or drops in image quality.

So I am wondering how is downloading movies from the Internet different from using PVRs or similar equipment? If there isn't, then why are PVRs allowed to be bought from retail stores?


texts: Am I Obligated to Return a Mysterious Box?

texts:
Last week, I moved out of apartment complex.  My U-Haul spent a fair amount of time unattended in the parking lot while I was lugging stuff out.  When I got to my new apartment and unpacked my boxes, I found several boxes full of stuff that I had never seen before.  Among the items that I found in these boxes were:

A vacuum cleaner that makes noise, but doesn't have any suction
A Rubik's cube with half of the stickers missing
An old CRT monitor with an image partially burned in
Shelves from a refrigerator
Lots of magnets, mostly dull but a few good ones
Instructions on how to install a door bell
4 copies of the DVD Battleship

This was very strange to find this box.  I'm guessing this came in my truck for 2 possible reasons:

Somebody was also moving at the same time and mistakenly put it in
Somebody was trying to throw away an old box of junk and just put it in my open truck and ran away

Considering how my now former neighbors would terrorize me (blasting loud music, setting loose a possum through my window, taking a dump in my mailbox), I'm guessing it's the 2nd reason, although I'm not positive.

My question is: am I under any legal obligation to try to return this box?  I don't want to see my former neighbors again, but can I get in trouble if I keep this?


texts:
I'm a software developer who developed a SAAS (software as a service) system for a startup company. I can't provide any additional details into the company since it's under an NDA but they shouldn't be super relevant to my question. I've been working for awhile for pennies on the dollar with the promise of that scaling as we earn more clients. Currently, we retain the rights to half of the product since we were willing to work for so cheap. It's coming time now where we relinquish our ownership of the product in exchange for a small amount of equity.

My question is, what can we do that would prevent the owner of the company  from being able to create a new company and purchase their own company for $1 giving us practically nothing?


texts: Is it legal to use statistics off a copyright website?

texts:
More specifically I want to use statistics from an MIT website for my own website:  http://livingwage.mit.edu/states/05

I can't find any license information or anything about statistics, but am I free to use all the information from that table since they got the data presumably from a public source? I know on the footer of the website there's a copyright sign, but not sure if it applies to data like this.


texts: Is contributory "publication" a defense against libel?

texts:
Suppose there was a work of fiction where one of the characters was based on a real one. And suppose the real person sued the author and, through the process of discovery, found private emails, author's notes, etc., that confirm the claim.

But suppose that nobody other than the author and the real person connected the fictional character to the real person prior to the lawsuit, and it was the lawsuit itself that drew attention to the connection in public. Subsequently, the real person suffered damages, but had suffered none before his lawsuit.  Can the defendant then use a "contributory negligence" defense, arguing that the damage was realized due to the actions of the plaintiff?

"Contributory" negligence or other contributions are a factor in other areas of the law. Is it a factor in libel?


texts: Is a single article/blog post considered a collective work?

texts:
Is a single article or blog post that contains, say three creative commons images, along with some text, considered a Collection or Collective Work?  How about if the blog post contains a single creative common image along with some text?

CC BY-SA 2.0 says:

  "Collective Work" means a work, such as a periodical issue, anthology
  or encyclopedia, in which the Work in its entirety in unmodified form,
  along with a number of other contributions, constituting separate and
  independent works in themselves, are assembled into a collective
  whole. A work that constitutes a Collective Work will not be
  considered a Derivative Work (as defined below) for the purposes of
  this License.

CC BY-SA 3.0 (which appears to drop the term "Collective Work" in favor of "Collection") says:

  "Collection" means a collection of literary or artistic works, such as
  encyclopedias and anthologies, or performances, phonograms or
  broadcasts, or other works or subject matter other than works listed
  in Section 1(f) below, which, by reason of the selection and
  arrangement of their contents, constitute intellectual creations, in
  which the Work is included in its entirety in unmodified form along
  with one or more other contributions, each constituting separate and
  independent works in themselves, which together are assembled into a
  collective whole. A work that constitutes a Collection will not be
  considered an Adaptation (as defined below) for the purposes of this
  License.

CC BY-SA 4.0 appears to drop mention of collections.


texts: If someone catches a Pokemon that is on my property, is that theft?

texts: Does something that is virtually located on your property like in Pokemon GO incur any kind of property right for the property owner?