texts: Are multiple choice questions copyrightable?

texts:
Say there is a company that has published 'sets' (of 30 questions for example) of multiple choice questions that are copyright protected. The questions may include graphs and other diagrams.

If you take these questions and display them in a different format, for example on a payed online platform where the order of these is completely randomized and has nothing to do with these 'sets' and additionally there are 'self-written' explanations (not related to the published 'sets') to the answers of the multiple choice questions then:

is this copyright infringement?
are the 'sets' copyrighted or only the individual questions?
would changing values in the questions change the 'copyright'?
does the fact that the randomized display of questions on the platform has nothing to do with the 'sets' change anything?

thanks


texts: Does CNNs cookie consent banner comply with the GDPR?

texts:
I just got done reading this cookie consent material and it says that we need to keep a record of cookie consent.  It also says that the notification needs to allows users to opt in and out of specific cookies and it should allow for access to settings to change cookie preferences.  Also consent is required prior to the cookie being set ( Not sure how that impacts Google Analytics? - We would have to integrate it with the cookie notification).  Also notification must be renewed every 12 months.

Is all this true?

For example If I visit CNN in incognito mode, I just have to click the X in the cookie notification.  Should / does CNN have to track that the X was clicked by the browser agent that holds the cookie that it is now tracking?

I imagine that when users agree to terms of service and privacy policy by signing up for an account they implicitly agree to the cookie policy?


texts: Student Loan from years ago pops up and is taking my salary

texts:
Summary: For decades I had my student loans paid by automated payment from my bank without a problem; just take it out of my bank and there's a small benefit in interest for it.

Recently, my current employer showed me that there was a collections office who would take 15% of my salary and if they did not 'okay' it, there could be legal ramifications.  The office naturally had to sign it.  Now 15% of my salary is being removed by this collection agency.

Background: This part of the Federal student loan had become part of a separate agency and as I was not paying it, it defaulted two years ago without any notification to me.

I am happy to pay for the last fifteen years, and I understand it should have been my responsibility to notice my automatic withdrawals had a different amount (?) from my set-aside account for those payments, but the surprise is sudden and with ten days notice, I've received no movement other than now my salary is being taken by a draconian amount without me signing a single thing other than the original loan in 2005ish.

Does this sound legally dodgy?

As in I should seek representation, or is this status quo and if phone and mail conversations are resulting in no change, it is something generally accepted by other people in my situation.

My question isn't necessarily about my employer going along with this nor about how I feel about the student loan (I of course have always endeavored to pay my debts), but whether this is a legal issue based on my summary.


texts: How to mitigate the risk of getting sued by clients (web dev contracting)

texts:
I'm a web dev and I'm thinking about becoming a contractor.

I feel a little uneasy about the possibility of someone potentially trying to sue me. If, for example, a client wants an e-commerce website and I build one for them, and then the client gets hacked and incurs a financial loss, how do I stop myself from getting sued?

The way I see it is that it would depend on how they got hacked, but let's say it was because of a bug in the code that I originally delivered. That would then be on me and they could sue me, correct? But then what happens if more developers work on the code and they introduce a bug and the client thinks it's my fault and still tries to sue me? In either case, I'd like to know that something like this won't come back to hit me once I hand code over to a client.

Is there a clause that can be included in a contract that keeps me in the clear after the final hand-over takes place?

I understand that registering as a company and not as an individual protects you to a certain extent, but is there anything beyond that which can be included in the contract to give you complete protection?


texts: Can someone be punished with death penalty for other reasons than murder?

texts:
In the states that have the death penalty, can Jon Doe be sentenced to death if he did not commit murder or a national security crime?

I'm not asking if he could be wrongly sentenced.

Let's say Jon Doe commits a crime like the theft of one trillion dollars and that money is gone for good (he lit it on fire), could he be sentenced to death after being found guilty?


texts:
I am a physician and almost routinely am inundated with forms from lawyers to fill for my patients so they can get disability. They get paid for these cases but expect me to fill these forms at no cost.

Am I legally bound to fill these at no cost to my patients or their lawyers?


texts: is it possible to use evidence from another countries in a german case?

texts:
what do I mean by that? well in Germany people's criminal records aren't public like in the US (you know when someone is a pedo or a rapist their name is revealed to the public) but in Germany it seems not to be the case for privacy reasons I guess?(not sure if it true)
now if someone had a long criminal record and a lot of people reported him to police in another country which is publicly available is it possible to use these records against him?
and also when it comes to voice recordings is it possible to use recordings from another country where recording people without consent is legal and normal?
so in short "is it possible to use evidence that isn't accessible to the german public from another country?"


texts:
I was reading about data transfer implications for those of us who live in EU. Apparently transferring any user's personal info outside of EU is not strictly legal, unless you go through some paperwork which I definitely will not.

So the questions is, does this mean that it's illegal to host your website in USA if you're located in EU? My website stores personal info like e-mail address, password and nickname (this info is stored on a server outside of EU). Does this fall under personal data transfer? Or did I misunderstand the whole thing?

Perhaps someone with experience with the web legalities could help me out better understand this.


texts: Does refering a potential client to a former client of mine, absolve me of a non-compete with my former client?

texts:
My LLC is under a non-compete with a former client in one state that basically says not to provide any IT consulting or hosting that may be considered competition to what they do (lets call them "Acme Corp"). So if a potential client in that same state approaches me and I refer them in writing to my former client, Acme Corp, with whom my LLC has the non-compete, and my potential client responds in writing they dont want service from Acme Corp. Is it still competing at that point if I then take them on as a client?

Section:

During the term of this Agreement and for a
period expiring two (2) years after the termination of this Agreement for
any reason, Contractor covenants and agrees that Contractor will not:

a. Hire, offer to hire, entice away or in any other manner persuade or attempt to
persuade any officer, employee or agent of [Acme Corp] or any of its affiliates
to alter or discontinue a relationship with [Acme Corp] or to do any act that is
inconsistent with the interests of [Acme Corp] or its affiliates;

b. Directly or indirectly solicit, have contact for purposes of selling any
products and/or services to (except on behalf of [Acme Corp]), divert, or take
away any customers of [Acme Corp] or any of its affiliates; or

c. Directly or indirectly solicit, divert, or in any other manner persuade or
attempt to persuade any supplier of [Acme Corp] or any of its affiliates to alter
or discontinue its relationship with [Acme Corp] or any of its affiliates.

d. For the purposes of this Section 4, businesses that are deemed to
compete with [Acme Corp] include, without limitation, businesses engaged in IT
system sales, integration, consulting, application development,
maintenance and hosting. Competition also includes any additional goods
or services that [Acme Corp] provides its customer(s), including goods and
services that [Acme Corp] offers or prepares to offer in the future while
Contractor is employed with [Acme Corp]. Notwithstanding Contractor's
obligations under this Section 7, Contractor will be entitled to own, as a
passive investor, up to five percent (5%) of any publicly traded company
without violating this provision.

e. [Acme Corp] and Contractor agree that: this provision does not impose an undue
hardship on Contractor and is not injurious to the public; that this provision
is necessary to protect the business of [Acme Corp] and its affiliates, including
their trade secrets; the nature of Contractor's responsibilities with [Acme Corp]
under this Agreement require Contractor to have access to and develop
confidential information which is valuable and confidential to all of the
Business; the scope of this Section 7 is reasonable in terms of length of
time and geographic scope; and adequate consideration supports this
Section 7, including consideration herein.

.. where [Acme Corp] is a fictional entity

UPDATE: Based on interaction with Ross Ridge below, let me clarify:

1) my new client never intended to use Acme corp in the first place

2) therefore Acme Corp did not lose out on the possibility of servicing this client because this client wants nothing to do with Acme corp in the first place

3) I have obtained all this info in my agreement with the new client


texts: Definition of rebellion and insurrection in US federal law

texts:
18 USC 2383:

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

The terms "rebellion" and "insurrection" are not defined.  Is there federal judicial precedent that sheds light on the meaning of these words as used in this statute?  More generally, what elements or circumstances are necessary for an act to qualify as an act of rebellion or insurrection?
Edit: The supposed duplicate question (What prevents the DOJ from charging Democrats in Congress under U.S. Code § 2383?) is different, and its answer does not answer this question.  It explains that a particular incident is not rebellion or insurrection, but it does not enumerate the elements that must be present for an act to constitute rebellion or insurrection.  In other words, it describes in part what rebellion and insurrection are not, but it does not describe what they are.


texts:
Context

For this question, I'm only asking about the United States and if relevant, LLCs in the state of Texas. While reading about asset protection strategies and trying to understand corporate veil piercing; I came across two different articles.

Relevant Articles

Piercing the Corporate Veil discusses "Alter Ego" which requires fraudulent intent and "Single Business Enterprise Theory" (which would pierce a lot of asset protection strategies I've read about).

Texas Supremes Overturn Single Business Enterprise Theory appears to say that Texas no longer considers the Single Business Enterprise Theory valid for piercing the corporate veil; leaving only Alter Ego w/ Fraud involved to pierce the veil.

Example

Say there is a holding company Acme LLC that wholly owns two operational subsidiaries that provide different products and services. Acme LLC is a small business, so there is overlap in officers (members of Acme LLC). Few if any employees/contractors are involved and have contracts with the subsidiaries.

Questions

As long as there is no fraud, is it safe to assume such a business structure's corporate veil would be secure; or are there other methods of veil piercing that need to be considered?

Are there any non-obvious actions that aren't "fraud" (no intent to deceive or defraud) but still would be considered such for corporate veil piercing purposes?


texts: What if my roommate doesn't pay his rent

texts:
I'm a student and I've co-leased an apartment with another person. It is a shared lease like students do all the time. My roommate leased another place and apparently he is not showing up for this place in spite he signed and agreed to the lease. What happens if he doesn't show up and doesn't pay his portion of the rent? I understand legally we are BOTH together responsible as it is a shared lease. But can I officially follow a lawsuit?

UPDATE: I'm in Illinois.


texts: Are there states other than Israel where judges appoint each other?

texts:
In the state of Israel, new judges (at all levels) are appointed by a committee of 9 people, including 2 members of parliament, 2 representatives from the ministry of justice, and 2 representatives from the bar association, in addition to 3 supreme court justices. In order for a new judge to be approved, a majority of 7 members have to vote for them, effectively giving the 3 judges (who consistently vote as a bloc) the ability to veto any appointment they disagree with, thus the statement that the judges appoint each other.
Are there any other countries where this is also true, even if it's using some other system?


texts: Is the new co-owner of property liable for its debt?

texts:
I co-own some rental property. My co-owner, who managed all the financials of the property (taking in rent and paying expenses) recently died. I haven't seen the deed, and his widow can't find it, but I presume his share goes to his estate.
He died with a negligible amount of cash, but his assets include property co-owned with me and a primary residence that will likely go to his widow.
I am one of his creditors, possibly the largest, because of other loans I have given to him over the years. But I expect that one or more of his creditors will become co-owners of the property with me.
My question is this: I've discovered that my co-owner has not paid taxes on the property for the past few years. Would any new co-owners be obligated to pay some of that debt?


texts: How is a bicyclist regarded in a road rage incident with a bus?

texts:
I was on a bicycle. A bus was tailgating me and honking his horn.  When we stopped at light I twisted his mirror around.  Did I commit any crimes?

Driver was trying to scare me or he was just a crappy driver. When we stopped at a light I smacked the hell out of his mirror. Then when he got out of the bus and started yelling at me I hit it again a few times. But it wasn't damaged.

This incident ended with him chasing me and pushing me off of my bike. I had my camera running the whole time so I have audio but the video is never pointing the right direction. While he was pushing me I was yelling at him that if he touches me it is assault.

So, if I file a complaint am I in legal peril for having twisted his mirror around?  The mirror (LOL):


texts:
I am in the United States of America, specifically Colorado.
I have an auto-loan.
I made a living by delivering Chinese food, pizzas and burritos for a company.
I crashed my car and I cannot deliver food anymore as the company does not supply company-owned vehicles.
I stopped making loan payments and I understand that something unpleasant will happen to me, but I do not know what a "Notice of Right to Cure Default" is.
What is a "Notice of Right to Cure Default"?


texts:
I'm constantly told by an animal rights friend that we don't have any legal protections for animals, and that they are treated as property.

My response is often that I can go into an Apple store, buy an iPhone and smash it right in front of them, and that will be fine (aside from perhaps being escorted out of the Apple store because it's bad publicity, etc.) But I can't go into a pet store, buy a puppy and smash it in front of them, I'd get arrested. Her retort is often that we have legal protections for pets, but not for livestock.

So, here are my questions:

Is it true that I cannot buy a puppy and smash it deliberately for my perverse amusement (regardless of whether it's in front of them or not)? If I cannot, can you point me to the relevant laws?
Is it true that I cannot buy a cow or a pig and throw it into a woodchipper similarly for my perverse amusement? If I cannot, can you point me to the relevant laws?

This question is for the United States. If I must specify a state, I'd be interested in the state that has the least legal protections and the one with the most.


texts: Can I terminate an employee for qualifying for a job through a "degree mill?"

texts:
We have recently put together an HR unit, which reviewed all our employees and found that one has an unsatisfactory qualification (BA in Public Relations from an unaccredited college). HR suggested terminating her contract with a notice. HR tells us that her degree from an unaccredited university should still be considered an academic qualification because the document is still legal.

I am not satisfied with the HR reasoning:

We cannot fire her for misconduct because she has not made any false claim. She claimed to have this qualification (the document) and she does. It was our responsibility to check the validity/quality of the qualification.
We cannot extend misconduct claims to paid salary because there is no evidence that she failed to have the skills claimed.

I feel deceived and fooled, and cannot simply let it go.


texts: Does paying the down payment on your parents' home ensure that you will inherit the home?

texts:
Suppose someone pays the down payment for their elderly parents and then the parents (after some number of years) pass away and have been paying into expenses and mortgage.
If the parents are considered as shared owners of the property, how might that affect what they leave to their children in their will?
What happens if they are not shared owners, but just living in the house a child owns and allows them to stay in (and I guess pay rent for)?


texts: Can a shopping mall force Pokemon Go players to leave?

texts:
To add to the recent influx of legal questions about Pokemon Go, I'd like to ask: Can a shopping mall force people playing Pokemon Go to leave (without fear of legal repercussions)?

I heard from a friend that a shopping mall declared that anyone playing Pokemon Go in the store would be kicked out. But I imagine myself walking into such a mall, and an employee comes over and asks "Stop playing Pokemon Go or leave."

My response is perhaps

  "No."

or maybe alternatively

  "Can you prove I'm playing Pokemon Go? And no you may not inspect my
  personal belongings."

What can they legally do? For example, (for a specific legal domain) lets say I'm in New York.

And if the short answer is yes, are there any ways players could twist the situation? For one example, could players sue the store for discrimination? Or some other way? Would the decision in any way put the store in a tricky legal situation?


texts:
After reading this article about public domain my understanding (which is based on not much so there's a lot of chance I'm actually wrong) is that there's no such thing as public domain for copyright-covered work (mostly every work created within the U.S. and most European countries -- as long as the copyright hasn't expired).

Now (again my understanding is quite limited regarding these things), The Unlicense claims to allow the release of copyrighted work in the public domain:

  In jurisdictions that recognize copyright laws, the author or authors
  of this software dedicate any and all copyright interest in the
  software to the public domain.

So that would mean that your work, with this license, isn't owned by anyone anymore right? How does that work if your work is something illegal and you "unlicense it"? No one can sue you because it's not yours anymore?


texts: I develop a software that consists of a core application and several optional modules. I would like to license the core and all modules that were developed by me under the GPL v3.0. In addition to that, I would like to force anyone who develops a new module to also use the GPL v3.0 for this module. Since every module requires the application core, is there a way for me to extend the license of the core to force the licensing of all modules in such a way? Would such an addition count as "supplemented terms" or as "further restrictions" as defined by section 7 of the GPL?


texts: Does a new contract supersede identical old contract?

texts:
I have relocated 3 times on behalf of my company in the past year, however I am prepared to move on because of another job offer.

With each move came relocation assistance, in which I had to sign a contract to receive the assistance.

The contract states "I promise to pay on demand an amount equal to the actual relocation expenses paid for and/or reimbursed to me if I voluntarily terminate my employment within 24 months from the date of my physical relocation..."

Because each contract was identical verbatim, is it fair to assume that each new contract superseded the previous? Can I make this argument?

There is no language regarding preceding contracts, old contracts, aggregate payments, etc.


texts: Property involved in violation of the statute?

texts:
Phang, a partner at Arrastia, Capote & Phang, says any new technology [regarding Sunpass catching speeders] will come under major scrutiny.

Defense attorney and former prosecutor Vincent Duffy isn't particularly fond of the idea, but he says red light cameras have certainly set a precedent.

"The government is now sanctioning citizens because their property, not them, but their property that they own has been involved in violating a non-criminal statute," he said.

But how would that work, to prosecute property? What exactly was the lawyer getting at?

Original article: http://www.wlrn.org/post/why-you-dont-get-speeding-tickets-your-sunpass-and-why-evanbenn-owes-us


texts: Who is liable when a turning car "interferes" with bicycle going straight? (Pennsylvania)

texts:
Pennsylvania Vehicle Code section 3331e states that

  Interference with pedalcycles.--No turn by a driver of a motor vehicle shall interfere with a pedalcycle proceeding straight while operating in accordance with Chapter 35 (relating to special vehicles and pedestrians).

It's not particularly clear to me what counts as "interference" in this case, and where liability lies when a cyclist going straight hits a car turning. If we assume that both the driver and the cyclist have a green light, the cyclist is in a bike lane that becomes dashed as it approaches the intersection, and road conditions mean the cyclist could not safely merge left into the car lane, I can think of several scenarios-

A car wishing to turn sees a cyclist in front of them proceeding straight, and accelerates to pass the cyclist and makes the turn inches in front of the cyclist, but screeches to a halt to avoid hitting a pedestrian in the crosswalk.
A car had started making a turn when the cyclist was a distance behind, then stopped to wait for pedestrians to finish crossing in the crosswalk. The cyclist sees this and has time to stop, but in a fit of rage decides to ram the car instead.
The same as above, but the cyclist is distracted (a roadside billboard for 50% off lycra pants) and doesn't notice the car in time.
The same as above, but the cyclist was visible (or should have been visible) to the driver when the driver started turning, and was close enough behind that the cyclist would have reasonably had trouble braking in time (PA law requires that bicycles be able to stop from 15mph in 15 ft on clean, dry pavement).

The first two seem reasonably clear (the first the car is at fault, the second the cyclist), but the other two I'm less sure about. Can anyone help me understand who's liable for any damages that occur? Does it matter if it's the car that's damaged or the bicycle that's damaged?


texts: Legal effect of "I am a health care professional" buttons on medical websites

texts:
Similar to this question.

Many websites containing medical information intended for medical professionals require that the user assert that he/she is one before the content can be accessed. Merck Connect is an example.

Does a curious user (not employed in the medical field) clicking on the "I am a health care professional" button to access the content risk liability of any kind? In particular, do the actions of merely clicking said button (whereby said user falsely asserts he/she is a health care professional) or accessing the content behind the button (which may be restricted by law or otherwise) attract liability? What relevant legislation exists, if any, regarding access to said websites?

Answers should focus on the United States, but answers involving other countries will be accepted as well.

Under French law, the following requirement exists, based on a December 2011 law on food safety effective May 2012 (see http://www.itena-clinical.com/en/):

  les sections des sites internet réservées aux seuls professionnels de santé doivent être, a minima, accessibles après une page d'engagement de l'internaute, certifiant qu’il est un professionnel de santé.

Rough translation based on Google Translate output:

  sections of websites reserved solely for healthcare professionals shall only be accessible after at least an agreement page certifying that the user is a healthcare professional.

Does a similar requirement exist under United States federal law?


texts: Do I need a copyright symbol or similar when referencing program names?

texts:
DISCLAIMER
I am writing a paper for school and while I won't get in trouble for forgetting the copyright symbol I am interested in the use of it in case I need it on a more professional basis.

I am currently writing a paper and in my paper I have made reference to the programming languages Java, Python, C, and a few others. Am I required to have a copyright symbol or something similar if it were to be professionally published? Or would it not be required? If someone could explain why or why not it's needed that would be greatly appreciated. I am interested in case I find myself writing a more formal paper in which I would require that knowledge.


texts:
I make crochet dolls and patterns for these dolls. If I make these patterns available for free, I believe it counts as non-commercial use.
Where can I find out which companies' designs I can use? Google hasn't brought me any good answers yet. I am particularly interested in whether Disney/Marvel, Nintendo and Studio Ghibli accept this.


texts: Certificate of Service for Colorado Notice To Quit

texts: When serving a tenant with a Colorado Notice To Quit, must the Certificate Of Service of the Notice be notarized, either before or after serving the tenant?


texts: Bringing an electric gun in the streets (Belgium)

texts:
Is it permissible to bring an electric gun in a hoster just in case of self-defense? Is there a need of a special written permission by a police department or a weapon center or by a court? What are the bureaucratic steps to entertain for this?
Even if it is GENERALLY illegal, can I ask for a specific permission and get it through a hard bureaucratic process?

Jurisdiction: Belgium


texts: I'm writing an essay about heroes and villains and I want to include Darth Vader. The question is whether I need permissions to write about a character? I plan on selling the piece.


texts: Can I start work whilst still being employed by another company?

texts:
I am currently employed to Company A for 20 years in Texas. I was made redundant and will receive severance for years of service if I stay working for two months. There is a state act called Worker Adjustment and Retraining Notification (WARN) that gives employees 60 days of work before their jobs are made redundant.

However, I have found another job which needs me to start in 5 weeks.
I spoke to my manager at his discretion it is okay if I just take the job (although HR has said I would have to wait two months). I would have to return at the end of the month to get my sign a letter to get my severance.

So I would be receiving a salary from the new company for 3 weeks of the month and also get a salary for the same 3 weeks from my existing company. The new company will not know I am doing this.

Can I get in trouble legally or from the new company if I take the new job?


texts: who owns the copyright to someone giving a speech

texts: My question is about video recordings. Who owns the right to a video recording? Is it the person recording or the person being recorded?


texts: What can I do about an employer witholding my final paycheck for "damages"?

texts:
So I accepted a 2nd job about 8 months ago as an elderly care taker for my landlord's parents. After a year their mental condition had deteriorated enough that I informed by landlord/employer that they needed more professional live-in care and would be resigning from the job in 30 days.

Instead of a last paycheck I got a long letter detailing how I was financially responsible for several appliances her senile father had taken apart trying to "fix" them, and that my final paycheck was being retained as payment. Is this legal? I never signed anything accepting responsibility for stuff her senile father broke. Now instead of just quitting a job I have a letter here claiming I owe her several thousand dollars and claiming that my final check is forfeit.

She is a powerful attorney in California and I'm a regular working stiff. This is a bit out of my league and intimidating.


texts: Tenant Wants Years of Rent Reimbursed Before Buying House

texts: We bought a house for my daughter and grandchildren in 2009.  In 2013, my daughter's boyfriend moved in with our permission.  We have no written rent agreement.  In 2016, we opened dialogue for the boyfriend to buy the house.  In calculating the sales price, the boyfriend deducted three years' rent. No written offer and acceptance happened.  The boyfriend contends since there was a shaking of hands after the dialogue was concluded, he considered that our acceptance of the figures he came up with.     Now, in 2019, we are again discussing the boyfriend buying the house.  He insists we had an offer-and-acceptance agreement back in 2016, and he therefore made improvements in the house he thought was going to be his.  When we disputed his perception of what happened in 2016, he now is presenting us with more than $10,000 worth of expenses he's incurred when making the improvements.  We value the house at $225,000.  He's willing to buy the house for $150,000 then deducting $50,000 of rent.  After normal costs are deducted, our net profit will be $32,000, according to his calculations.   Does he have a leg to stand on in his calculations?  Does he get to have years of rent reimbursed to him?  Again, he is an at-will tenant.


texts: Can Netherlands enforce the car import tax legally?

texts:
As I understood I am free to import goods from other countries within Europe tax free. I have been living in The Netherlands for 3 years now, but I want to bring my car from home country, Latvia. Yet, the rules state that "Permits are granted to those who have lived in another EU state for at least twelve months and who have owned the car or motorcycle for at least six months. "

And "These restrictions are in place to stop Dutch residents buying much less expensive cars in Germany and bringing them back across the border to Holland."

Now, how is this legal? They are basically obstructing my rights to import goods freely, by adding additional rules. Is this legal to do, and can they enforce it?

Source: https://www.angloinfo.com/how-to/netherlands/transport/vehicle-ownership/importing-a-car


texts: What is the meaning of "provided that" in the following context? It i the same as, or similar to "condition precedent?

texts:
In an earlier question, I asked about the "condition precedent" of an investor investing money in a company being the investor's being shown a demonstration of the company's new product to the investor's reasonable satisfaction.
Supposed the contract read, "The investor will invest, provided that he has been given a demonstration of the product that meets his reasonable satisfaction." Is that the same as, or equivalent to the demo being a "condition precedent" for the investment?


texts: Why do UK universities publish their financial statements online?

texts:
I'm currently doing research on economies of scale for UK universities. I've investigated all financial statements of UK universities online, because almost all of the universities published these financial statements on their websites. I was just wondering: Is there a law that states that UK universities have to do this? Which law is it? Where can I read more about this law?

Thank you!


texts: Can I use a TV character name for my business brand?

texts:
"Species 8472" is a legendary race in the Star Trek universe, which is the only one other than humans to ever have defeated the Borg. It has particular resonance amongst tech nerds, for this reason.

I want to therefore register a website with the number 8472 in it. For example "trader8472" or "sensor8472" etc. Would this be against copyright? Assume I did not use the likenesses of Species 8472 nor any overt Star Trek references. Am I likely to have CBS or Paramount, owners of Star Trek, come after me if the site is operated as a business?


texts: What does the BY in CC BY and CC BY-SA etc mean?

texts:
What does BY refer to in the context of this license name please: https://creativecommons.org/licenses/by-sa/4.0/

I'm sure it's something really obvious that I'm missing.


texts: If a contract always uses the wrong name, is it still valid?

texts:
I was given a contract (NDA) that looks like it was from a template that was not retyped. My name is not stated anywhere on the contract, but rather someone else's name is on the contract. I do not know this other person.
What am I liable for if I sign this? If the other person breaks the contract by disclosing company secrets, am I liable? If I disclose company secrets, am I liable, given that my name appears nowhere on the contract but the signatory line?

This contract is between Joe and John. blah blah blah. Joe agrees to not disclose blah blah

My name is not Joe or John and I know only John.


texts: Constraints on the scope of a civil action?

texts:
Suppose I file a civil complaint against party A for some strict liability tort X.  That gets docketed in a court with jurisdiction, and then the original complaint is either negotiated or adjudicated to some resolution.

Suppose that in the course of litigating X I learn through discovery that I also have a colorable claim against party A for another tort Y.  Assuming no statutory limitations on complaining about Y, under what conditions can I file a complaint about Y under the same civil action as X?  Does the answer to this question depend on whether the original complaint X has been resolved?  And/or does it require some nexus between X and Y?  And/or does it require that I not have full knowledge about Y at the time I filed the complaint for X?

Possible example of scenario #1: A interfered in my property right X, causing me damages.  I discover that A also engaged in tortious defamation Y of me.

Suppose that in the course of litigating X against A I learn through discovery that another party B, also subject to the court's jurisdiction, has contributory liability for X.  Can I add B as a defendant to the same civil action and amend the complaint accordingly?  Can I do so if their tortious liability is only related to X?

Possible example of scenario #2: B engaged in deception with respect to my property right X.

Or in either scenario, once I have a party in a civil action, are there any rules that constrain my ability to unleash a litany of unrelated but substantial complaints against that party?


texts: Applicability of Fair Housing Act to cooperative housing

texts:
In Fair Housing Council v. Roommate.com, the 9th circuit held that the Fair Housing Act did not apply to the selection of roommates. The gist, if I read correctly, is that FHA was not intended to govern relationships inside of a home, and that sharing living space constitutes an "intimate human relationship" of the sort that the Constitution protects from regulation.

How far does that go? For example, suppose a house has many bedrooms, but tenants share a kitchen, bathrooms, and other common space, and decisions are made by a vote of the members. Would the roommate exemption in Fair Housing Council still apply? It's still clearly a single dwelling, but the larger size and institutional character makes it look less like a conventional household.

What factors might a court consider in determining the applicability of FHA to such a situation?


texts: Can a utility force a new owner to pay previous owner's debts?

texts:
My niece purchase a "fixer-upper" house that had been empty for we-don't-know-how-long.  I haven't had much success in locating Oklahoma law for this:

She went to the water utility to get service.  They said that to get it turned on, she had to pay $800 for the previous months unpaid on the "perpetual contract."

The Oklahoma Corporations Commission says that they do not regulate rural water services, but the group they point us to is a non-profit association of such suppliers, not a governmental agency.

Web searches for various seemingly pertinent keywords get lots of hits but none of them that I looked at were relevant.

I'd appreciate some pointers to relevant statutes or cases.


texts: Software Developer told to copy a website for a client

texts:
I'm a Software Developer in Australia being hired to develop an e-commerce website from scratch that (quoting my employer) "Does the same thing as the other website". The website belongs to a business that allows customers to select/upload art to be printed, framed and shipped.

I want to know what legal situation I could be walking into considering the case where the look of the website is the same/similar and where they are not (while being functionally the same).


texts: Is it legal for public schools to require video for remote classes?

texts: Is it legal for public schools to require a student to run a webcam-video for remote classes in Massachusetts?


texts: For an appellate court, how does 'burden of proof' differ from 'standard of review'?

texts:
Preface: This book discusses civil trials, and not criminal trials (whose procedure is more complex, per the author).
Source: p 86, Thinking Like a Lawyer: An Introduction to Legal Reasoning (2010, 2 ed) by  Kenneth J. Vandevelde

   The burden of proof governs fact-finding at trial.

  [1.] As discussed in chapter
  2, on appeal, the court will not reevaluate the evidence against the burden
  of proof.

  [2.] Rather, the court will evaluate the evidence only against the standard
  of review.

  For example, in a civil case, the appellate court will examine
  a jury verdict only to determine whether it is supported by substantial evidence.
  If so, the court of appeals will affirm the judgment of the trial court,
  even if the appellate court itself would not have found the burden of proof
  to have been met. In other words, a factual finding at trial is usually not disturbed
  on appeal.

I do not understand the differences between the bolded terms (in 1 and 2).
How and why can the standard
of review differ from  burden
of proof? I know that appellate courts decide questions of law, and not of fact, unless an error of fact is exceptionally clear.
(I know that the required gravity (of such errors of fact) is defined with specific Modifiers, but I do not use them because they differ across jurisdictions.)


texts: Are there legal ways to get out of jury duty?

texts:
I have a mental disability called high-functioning autism. The biggest relevant effect is an increased social ineptitude, to the point that even thinking about the possibility of having to do jury duty gives me stress and anxiety about the many ways I could make a faux-pas without even realizing it.

I don't want to debate the merits of doing jury duty and doing your civic duty. I am sure that some people consider it an honor, but I would rather never have anything to do with it. I know there's not much chance of being summoned for jury duty in Belgium, but suppose I do get a summons, what ways are there for me to avoid having to sit through the case?


texts: Does Canada allow the use of copyrighted materials for self study?

texts:
I was reading into the Canadian copyright law and it says that:

29: Fair dealing for the purpose of research, private study,
education, parody or satire does not infringe copyright

does this allow the use of sites like Library Genesis outside a formal education setting, for self-study?


texts:
...Ok not literally.
But 23 & me analyses your DNA and can tell you roughly where your genetics are from and in particular, could point towards a particular race of person.
We know that DNA testing is a common part of criminal investigations to match or rule out suspects, but if investigators were really at a loss, could they use the broad genetics of a suspect, say taken from the finger nails of a victim, to point towards a particluar race or someone of particular genetic origin?
I really don't mean this as a racial thing at all, just out of interest. If I, Scottish to the bone, committed a crime while on holiday in France, against someone that was a complete stranger to me and I them, would the police be able to say, well we know it's someone with Scottish origins?
I could see this being ethically questionable and possibly lead to a high frequency of false detentions. And on the basis of genetics / race makes it all the worse. Is this something that happens / could happen in the UK, US, Europe?


texts: Writing a Script Based on Existing World

texts:
Would there be anything illegal if i were to write a script based in the same world as one already existing movie, making reference to some of the characters?

For example, if I wrote a script based on The Matrix, but not about Neo and them. But based on a new character who lives in the Matrix and see the events. Would it be alright to include characters like the Agents or Oracle. Would I be able to copy-write the script?


texts: Power of attorney: Does it require notarization?

texts:
Not sure whether my status affects the question I have or not... I am a Russian citizen living in the US as a non-resident alien.

I want to let my fiancée represent my interests and will absolutely everywhere when it's needed. I also want her to be able to manage pretty much any single aspect of our financial life if situation forces her. Again, no limitations here – I trust her 100%. So, for example, I want her to be able to access my banking accounts, acquire and sell property of any kind, etc.

What kind of Power of Attorney will grant her these legal permissions? In Russia we'd call such document a "General Power of Attorney". To get it, you'd need to officially notarize it. How does it work in the US?

(Note: I live in Washington state.)


texts: What are the downsides of using a service like LegalZoom for simple will / living will?

texts:
Let's say someone is interested in a fairly simple will (simple financial picture with a house, mortgage, 2 bank accounts, 2 retirement accounts; no prior wills; simple family structure, nearly-bog-standard inheritance wishes); and a reasonably normal living will (largely based on standard one that can be found online in a state I live in).

There seems to be a rather large cost difference between doing them with a regular lawyer (I saw quotes of $500 for 2 documents); vs. an online service like LegalZoom.

Usually, it's prudent to assume that you get what you pay for, so it seems reasonable to worry that LegalZoom documents come with meaningful possible downsides.

Is that the case, and if so, what are the downsides to worry about?

Updates to clarify:

An answer was posted that seemed to answer a slightly different situation than what was asked, so I'd like to clarify:

The financial picture truly isn't complicated (no debts outside mortgage, no complicated assets outside house/checking/savings/401k accounts, all assets and family are in same state, assets are less than state/federal estate tax limit; no prior marriages or prior children or other potential liabilities, etc...).
People doing the will are reasonably intelligent, e.g. they are smart enough to realise specific people named in the will may already be not alive during probate and designate reasonable backups for both will executor and child guardianship etc...
The person getting the will is intelligent enough to know that if said picture changes in any way, the will DOES need to be updated, and can be relied on to do so (e.g. in case of a divorce, or if financial picture becomes less simple etc....). So "your internet made will is fine now but won't be in 40 years" is not really an applicable downside, assuming "fine now" is true of course.


texts: If lease doesn't specify termination, how long does one have to move out?

texts: I live in a home with Joe. Joe has a lease with the home owner. I pay Joe a fixed amount of rent each month and he gave me keys when I moved in. We don't have a formal lease between us, but we do have a single email that specifies the expectations. It says nothing at all about moving out, vacating or terminating the agreement. What does this mean? In theory could he kick me out with only a days notice and if I refuse hire a bailiff to remove me and my belongings? Or can he basically not kick me out but I can choose to move out whenever I want?


texts: If making software for a client, is a EULA necessary even after signing a contract with them?

texts:
When making a computer program, what's the difference between having a EULA (end user license agreement) and a contract with the person who's buying it? For example, if you're hired to build custom software you would probably have a contract for it (specifying who owns it, pay, etc.) Is it still necessary having a EULA? What difference does it make? If part of the contract is the person paying you to make the program owns it after they pay for the program, should I still build the program so that it prompts the user to accept a EULA the first time it's run?

Is it correct that if someone owns something, they don't need a license to do whatever they want with it?


texts: Can a cop give a ticket if he's going the other direction?

texts:
Recently a high shool friend of mine got nailed with a $450 speeding ticket on a back country road. He'll also have to get pay for the class to get 3 (not sure, might be 4) which is 4 hours on two Saturdays. Overall, with insurance price increasing, his little ticket will probably cost around $1,200 total.
Now when he got the ticket the cop was going a fair speed (40ish) in the other direction (2 lane road). Physically the rate of change of speeds between them is greatly increased as the cop was going the other direction. My friend believes he was going less than the cop said, and his younger brother was watching he speedometer and said the same.
Are the circumstances of him being pulled grounds to fight the ticket (with a decent chance of winning)? Can regular radar guns that a cop might use account for the difference in the rate of chamge of speed? The cop said he was going 32 over and that just sounds plain wrong. Thanks in advance.


texts: Is attempted murder the same charge regardless of damage done?

texts:
Scenario 1: Bob points a gun at Joe's head, says "I'll kill you", pulls the trigger, and misses Joe by 1 inch. Joe is fine physically.
Scenario 2: Bob points a gun at Joe's head, says "I'll kill you", pulls the trigger, and shoots him as intended. Doctors just barely save Joe from death.
Are these both attempted murder? Is this the same offense with the same penalty?


texts: US Can public survey or experimental data be used in profit content if cited?

texts:
If I'm looking to build an app or write a book and I wish to use statistics, am I allowed to basically use their numbers as long as I cite where it is coming from? If I do make a profit from it, do I owe any royalties to the original scientists/surveyers? Must I ask them for permission?

Currently, the poll data in question is from this website but I'd like to know what's within bounds. The data is from various major media outlets like FOX.

http://www.realclearpolitics.com/epolls/2016/president/us/2016_republican_presidential_nomination-3823.html

My intuition pulls me towards thinking that I see books reference hundreds of studies all the time and public polls should be open information to everyone, but on the other hand commercial interests may be legally entangling.

I'm not experienced at all in law, so I'd like to hear what you think. Thanks


texts: If I include an unmodified CC-BY-SA work in a book, does the whole book have to be CC-BY-SA?

texts:
I'm working on a book.  Say I include a single unmodified work in the book that's licensed under Creative Commons-Attribute-Share Alike, for example one picture.  Do I have to make the entire book CC-BY-SA if I do this, or not?
Followup: what if I modify the picture?  Does the whole book have to be CC-BY-SA, or just my modified picture?


texts: Do the words "100% Money Back Guarantee" or "100% Satisfaction Guarantee" have any legal significance?

texts:
For example, say Acme Corp, a California Corporation, sells a free digital audio book on their website for $30 to Bob, who lives in New York. On Acme's web site, next to the payment button, they have either of the below images.
Do these images, in themselves, bind Acme to do anything they otherwise would not be legally bound to do regarding providing customer refunds, for example, or any other legal obligations?


texts: Can I publically share these `Public Domain` books from Lulu?

texts:
Question: Can I publicly share these 'Public Domain' books from Lulu?

In order to tackle the potential x and y problem I want to also share why I want to do this. I am working with a kind of theology club and we would like to read and debate many works like The Problem of Pain and Mere Christianity among many other works.

I plan to purchase these books through Lulu as they are DRM free and Virus Free.
However, can I still share these with the rest of club or add a download link on the website?

Lulu does appear to list their Copyright as Public Domain.
 However, does purchasing them from Lulu affect that in any way?


texts:
During the U.S. attorneys' office press conference, Andrew Lelling said, "We're not talking about donating a building so that a school is more likely to take your son or daughter. We're talking about deception and fraud."

However, are schools really allowed to give some students preferential treatment if their family made significant donations to the university?


texts:
Is there a law against owning someone else's DNA without their consent/knowledge ? I've googled it but I'm a bit confused. It says here that in California the police can compile a database of DNA without people being convicted or charged. It also seems like the 4th Amendment could be used to secure your DNA but the ruling mentioned there states

  "your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, and for whatever reason."

Otherwise, not much has come up aside from third-party gene testers. The results on this site seem to say (at least, to my uneducated eye) that you can't "protect" your DNA by copyright or patent if you abandon it (cuz trash is public property).

Does that mean that police can go through your trash once it's out of your curtilage ? This site says you can file a motion to suppress any trash evidence (if within your right of privacy ?) but is there a case where the police can't get a warrant to obtain your DNA directly but can instead wait for your trash and then get it from there ? Or is every case where a warrant isn't obtainable also a case where trash evidence isn't allowed ?

And what about anyone ? I can think of a few queasy things someone can do with your DNA like finding out details about you that you don't want them to know. In 2006, the UK made it illegal to sequence another person's DNA without permission. But it says here that it should be a felony theft in USA but isn't ? Yet ? Are there any other countries like the UK ?
 Does it instead matter much more what I do with the DNA I collect or is simply intentionally owning it enough to constitute a crime ? Let's say I follow someone into a barber shop and leave with some clippings of their hair, am I doing something illegal ? I'd expect this to vary from state to state, right ?


texts:
I am a volunteer translator-advocate for a friend.  Her son used to have shared custody, but a couple of months ago, my friend went to family court to change this.  Now my friend has custody but the father has visitation rights, for two days per week.  The father may choose whichever days he likes.  (He has an irregular, somewhat unpredictable work schedule.)

The father is upset about the change, and has stopped answering his phone.  He doesn't respond to text messages either.  He has not taken the initiative to have his son for a visit.  He has not responded to a letter the boy dictated to me which we sent through the mail.

What is a succinct way of describing the fact that the father has, in essence, abandoned the child emotionally?  (He is still paying child support.)  I need a succinct description for the purposes of letting the child's school know, so they can be sensitive to the child's feelings.  (He is relieved not to be living half-time with his father, who was abusive, but at the same time he is devastated at the total lack of contact.)


texts: Blumenthal v. Trump Do Senators have standing to bring suit?

texts:
In the Complaint filed today Blumenthal v. Trump (for text see [https://www.law.com/nationallawjournal/2018/11/19/senate-democrats-sue-trump-challenging-whitakers-appointment-at-main-justice/?slreturn=20181019194158 ] ), three US Senators , members of the judiciary committee allege that the Presidential appointment of Whittaker violates the Appointments Clause of the US Constitution.

Some 'TV Lawyers' have opined that the compliant will not be argued on it's merits because the Court will rule that the Senators have no standing to bring the action.

Rather than getting into the discussion about Mr. Whittaker's past statements and involvements, let me pose a hypothetical:

If the President were to fire the Secretary of the Treasury and appoint Oprah to exercise that role without the benefit of Senate confirmation,

Who would have standing to present a complaint?


texts:
Let us assume that a hit song or two from a list of, say, 200 artists, is transcribed into a digital format which allowed for melody/harmony and other types of analysis. These analyses would produce a set of statistical trends regarding melody shapes, interval jumps, and other information found from analyzing the aforementioned songs. This information would then be refined and used as the basis for a program that could help a user generate music for commercial use. Using only the suggestions provided by the program, it would be nearly impossible to completely recreate one of the songs used for analysis (unless the user intended to do so).

Where would this process stand legally? From what I've seen, academic research allows for some lee-way in terms of the content that can be studied. However, I haven't found anything that mentions whether or not one could freely use creative data (music you've bought and transcribed into a format which can be analyzed) to produce factual data (statistical trends) that could essentially be packaged into a product and sold. My gut feeling says that it wouldn't fall under fair use (even though technically the process should not detract from the sales of someone's music). Would you need a license for each song?

If this sits in a strange area legally, it makes me wonder how programs like Band in a Box were developed. Then again I suppose they could have paid session musicians to give them solos/melodies that they would then use for analysis in much the same way.

Any answers are appreciated!


texts: Are public monuments like the Elizabeth Tower and the Eiffel Tower copyrighted?

texts: Let's say I want to make a miniature replica of Big Ben and sell it online. Do I need any kind of permission for that? I'm assuming that given its age, Big Ben has to be public domain. But I'm not sure. I've tried contacting the British Parliament and other institutions related to Big Ben, but never got an answer.


texts: Dominic Cummings Trip to Barnard Castle - Manslaughter?

texts:
The UK government's cheif advisor took a trip to Barnard Castle in the middle of a nationwide lockdown. A clearly illegal act.
As a result of this, many people are choosing to flout lockdown rules because "if he can do it, why can't they"? Thus, community transmission is on the rise and we're facing a second spike.
Any reasonable person in power would know that by getting caught flouting the rules, they would weaken the application of those rules. Thus, by taking this trip, Dominic Cummings would have reasonably known that he would put people at risk of catching COVID-19.
As such, could he potentially be found guilty of manslaughter for these excess deaths as a direct result of his actions?


texts: Music law: releasing a song I wrote that is performed by others on Spotify

texts: I'm a UK-based singer-songwriter. I've had a demo of a duet I wrote professionally recorded by two session singers in the US, as my voice wasn't what I wanted for this one. Piano track is essentially as I wrote it, there's an added cello part, and the vocal melody/harmonies/lyrics are all mine. But what's the right/legal thing to do re: releasing this on Spotify - do I have to pay the singers/cellist a % if and when I clear the costs of recording, etc? And if so, does this mean that I'm in effect becoming my own publisher? I know nothing of how this all works, but I do know this is by far the best and most commercial song I've written to date - and it's a Christmas one, so I'd really like to put it out there and earn some of the production costs back.


texts:
How many years after marriage are all assets divided equally in divorce in Oregon?
My son has been living with a woman for 2 years and now they think they want to get married. She has no money or job and my son has his own house and shop with tools, equipment, etc....


texts: French stance on intellectual property rights for content creatd by artificially intelligent entities

texts:
French intellectual property rights consider the "author" as the holder of intellectual property rights for their creation. Now, artificially intelligent, or creative, computers can generate content which in conventional view are the works of the programmer. But, in legal views who actually is considered the author of such works under French jurisdiction? And how much is French jurisdiction different from EU jurisdiction when considering intellectual property rights. Please provide detailed contradictions (if exists) of the following statements:

The EU as a whole, follows the TRIPS Agreement.
EU countries can exercise further controls over intellectual property rights than granted under the TRIPS Agreement.
French courts deliver judgement on a case to case basis, without a "constitutional" framework for disputes relating to intellectual property rights. (In these circumstances, what are the basic principles the judges follow?)

If possible, please provide links to related documents. Thanks.


texts: Tenant rights when unhappy with new owner of property - Ohio

texts:
In late July 2015, Individual A entered into a lease with Managing Company X. This was a one year lease, scheduled to end in July 2016. In April 2016, a representative of X approached A about signing a new lease to go in to effect for when the current one was up. The representative and A agreed on a 6 month lease that would end in January.

Between April and June, Managing Company X sold the property which contained over 150 units, to Managing Company Y.

Since then, the individual has been unhappy with the services provided by the new landlord entity. Hot water was gone from their individual unit for 7 days, and there is a mold problem that has been known for 10 days, with no move made by anyone from Y to fix the issue.

Tenant A has given written and digital notice that they are counting to the thirty day cap for landlords to make repairs, as Ohio law states, before escalating the issue.

Assuming that the mold issue is resolved before the thirty day cap, does tenant A have any other legal reason to terminate the lease since they are unhappy with the new landlord, and their current lease was signed under the idea that Managing Company X would still be the owner of the property?

Clarification as questioned by Nate: There is no mention of ownership changes in the lease, and (if relevant) the lease specifies leasing "from Managing Company X, the property ___".

Subquestion: There are laws that protect the tenant from having their lease terminated by the new landlord, but is there similar logic or law that restricts the tenant from breaking the lease?


texts: Can ® © ™ (R, C, TM) symbols be safely used in fiction to describe fictional products?

texts: In the popular game "Animal Crossing: New Horizons" the TM symbol is used for an in-universe product.  It doesn't actually represent a real product of course, and just acts as flavor text.  While the TM symbol isn't all that protected, it made me wonder if other symbols for Registered (R) or Copyright (C) are more strictly guarded from use in this capacity in fiction.


texts: Is it legal to charge a percentage service fee?

texts:
The example is ACME Company has a payment processing system that companies X, Y, and Z can use. It enables more features than just "payment" processing, and it enables more than just "credit card" payments. However, ACME Company wants to avoid adding a surcharge into the model for the customers but needs to charge the Slip Credit Card processing fee and still make a profit. So it wants to charge a 10% fee to the company requesting to use the payment processing function of its service.

So Jon Doe goes to company Z and buys a widget using his credit card for $100 USD. Company Z uses ACME's service, so ACME takes $10 and transfers $90 into the bank account of Company Z. Company Z ships the product.

Somewhere along this beautiful interaction between buyer and seller, ACME company needs to charge that fee. Is that fee legal? Some states prohibit the use of Convenience Fees and Transaction Fees, does that prevent the company to company transactions or is that just buyer to seller.

Many payment processors like Paypal, Stripe, Visa, and Master Card all charge a transaction fee to the business. Therefore the company calculates it's pricing to reflect the cost to the consumer. Generally, consumer's are unaware that Mastercard, Visa, AMEX, Stripe, and PayPal all charge a processing fee. If the consumer new, the consumer would opt for the lowest percentage transaction fee. This is why many of those companies tell business to eat the cost.

My question, in the example provided above, is it lawful for ACME company to charge a 10% fee? If so, legally should it be called a "Transaction Fee" or a "Service Fee?" If not, does that mean all those fees from Mastercard, Visa, AMEX, Stripe, and PayPal are illegal? (in some states and countries)


texts: Is it illegal to reference a known cartoon character in a drawing as an easter egg tribute?

texts: Let's say I draw an image of a toy store with a lot of stuffed animals. On the shelf hidden away is a stuffed animal of Hobbes from Calvin and Hobbes as sort of an easter egg tribute. Would this be illegal?


texts: Why do gyms in the US want their customers to fill out a waiver, rather than just having a sign on the wall about the T&Cs?

texts:
Whenever you participate in a gym or some other related facility such as a rock climbing gym, the business forces you to fill out an annoying long waiver where you promise not to sue them if you accidentally kill yourself with a barbell. But why is this the case? Couldn't the gym just hang a giant "you may die if you enter this door" sign in the front and absolve themselves of all responsibility?
I've been a member of several gyms when I lived in Europe and never had to sign a waiver, so I do know its legally possible in some jurisdictions.


texts: How to tell which state governs the "Terms and Conditions" of my website?

texts:
In the "Terms and Conditions" page of my website, I have this paragraph:

These Terms will be governed by and interpreted in accordance with the laws of the State of XXXXX, and you submit to the non-exclusive jurisdiction of the state and federal courts located in XXXXX for the resolution of any disputes.

I personally live outside of the United States.

If the web-hosting server of my website is located in Texas, and I use a Oregon physical address which I got from a mail-forwarding service (similar to PO box) as my contact information in my email newsletter, should I replace the XXXXX in the aforementioned paragraph with "Texas" or "Oregon"? Or should I replace it with the name of the country where I live instead?


texts:
From other questions about intellectual property, it's my understanding that:

"measurements of observable fact in the world ... are not copyrightable", but arrangements of the data are.
fictional languages are not copyrightable, but works using them are.
unique names can be trademarked, but not generic ones.

What about measurements of fictional worlds? Many games contain tabular data that describe how elements of the game interact with the rules. Does it matter if the quantities being measured have real-world units or not? For example, 1st edition AD&D has tables of weapon properties, such as length, weight, price, speed factor, damage dice, and armor class adjustments.

Assuming that I design my own arrangement and appearance, is fictional data covered by copyright (regardless of fair use)?


texts: If a broker (AKA man-in-the-middle-scammer) cheats a buyer, can the seller be held responsible?

texts:
For example, the deal is that BrokerSneaky mails a payment to Seller.  Seller has placed something in escrow as required by BrokerSneaky.  BrokerSneaky DOES NOT mail anything, but instead gets HaplessBuyer to mail the payment by giving HaplessBuyer some reason to send the same amount of money that Seller charged BrokerSneaky.  Seller receives the payment from HaplessBuyer and instructs escrow to release its holdings to BrokerSneaky.  BrokerSneaky disappears without giving anything to HaplessBuyer (who wasn't smart enough to demand an escrow).

What legal claims, if any, does HaplessBuyer have against Seller?


texts: Should you really not state emotions, in a complaint?

texts:
STEP 2 - Starting your letter: focus on the facts
A good letter of complaint is written in such a way that it can be put
before a judge at a later stage of the dispute. Stick to the bare
facts, [2.1.] remove all expressions of emotion, and look at the events from
a distance, as if they happened to someone else, a stranger.
If you find it helpful, think of your letter as the Captain’s log from
Star Trek. What was the date of your flight? What was the flight’s
number and destination?  What was your ticket number?  What went
wrong?
Focus on what facts are needed to demonstrate your legal right for
what you are seeking. For example, if you were bumped, state that you
had a confirmed reservation, that you had all necessary travel
documents, and that you presented yourself on time for check-in and
boarding, but you were nevertheless denied transportation.
Do not talk about how you are a long-time loyal customer and do not
raise moral arguments. [2.2.] The employee reading your letter does not care
that you were upset.

The above's authors don't have law degrees. The above is for Canada, but Canadian Contract Law has adopted much of English Contract Law; so some relevant precedents: Jarvis v Swans Tours Ltd [1972] EWCA 8, Farley v Skinner [2001] UKHL 49,
I agree with everything above except 2.2 (that should be distinguished from 2.1). Mustn't you communicate emotional or mental discomfort or distress or suffering from the difficulty somewhere in your letter, if you're seeking compensation or damages for distress or disappointment?


texts:
If I inform my solicitor that my wife had committed a fraud in the past (+£50,000 HMRC Child Benefit) is my solicitor obliged to keep this confidential as I requested or is she/he by law compelled to report the matter to the police or other involved parties?
I was unaware of this fraud and my wife has verbally admitted this. How do I protect myself from any future claim from her otherwise. We are about to separate/divorce and I am concerned at being implicated
United Kingdom, England


texts:
I want to know if dog meat is illegal in USA.

Is its sale banned?

Is there any criminal law against it?

Is a fine of any kind imposed?

Note: I don't in any way support dog meat.  I just want to know the law and culture.


texts:
In Britain, all licensed premises are required by law to provide
  "free potable water" to their customers upon request.

What legislation covers this?
Is this the case in other European countries? I am particularly interested in whether this is a legal requirement in Italy.


texts:
Say that a person is a bail-jumper, that is, someone who fails to appear in court after being let out on bail. If they are apprehended by a bail bondsman with the help of illegally obtained information, do they have any sort of recourse?

To give a concrete example, Motherboard reported that a company sold 911 location data, a practice which is illegal. Bail bondsmen were frequent buyers of this information and used it to track down bail jumpers.

Does a bail-jumper have any recourse from being apprehended with the help of illegally obtained information?


texts: At what level of granularity is a client required to pay

texts:
This is more of a thought experiment more than anything else. But let's say for argument's sake that a client had a contract in place with a worker for 100/hr. And also for argument's sake, the worker is a bit cheeky and decides to charge the client for work down to the level of seconds. The worker also has verifiable logs of every second work.

If the worker charged for 1hr 12 min 39 seconds, and the client refused to pay for more than the hour, what would happen? Would the judge simply throw it out? Is there some merit to the hypothetical worker's case?

EDIT: Answer for the US Jurisdiction for which you are most familiar


texts: Selling US patented product in US from Canada

texts: If I am selling a product that is patented in the US by US Company and I am selling this product from Canada to both Canadian and US customer. What will be at risk in this case. How can a US company sue a Canadian company if the Canadian company denies the request from US Company to stop selling this product.


texts: FAA medical certification and the American with Disabilities Act

texts:
I'm in my early thirties and a recovered addict with a former diagnosis for bipolar disorder with psychotic features. However, I've been sober for five years, off all medications for four, and completed several years of therapy. I have done everything within my power to turn my life around, and despite what is commonly believed to be the case in the medical literature, I believe that even severe mental disorders like bipolar disorder or schizophrenia are curable under the right conditions. I believe I am living proof of that.

I used to be a pre-med student, but have recently started looking into studying commercial aviation. However, according to the FAA's website, I suffer from an incurable and disqualifying medical condition:

"Certain medical conditions such as a psychosis, bipolar disorder and severe personality disorder automatically disqualify a pilot from obtaining an FAA medical certificate and prohibit them from flying. However, many pilots have conditions that are treatable."

I know I will never have another psychotic episode, but, unfortunately, that assertation is what you would call "unfalsifiable" in scientific terms.

Is this FAA policy legal under the ADA? I'm a strong person with unwavering convictions. I don't let the opinions of others and the stigma associated with mental illness sway me. With that said, I'm not going to lie. Learning about this policy hurt. It still hurts.

After further research, I read that all medical clearances for bipolar disorder are automatically denied or deferred. I still don't know what that deferral process entails and how likely an appeal is to succeed.

Ironically, another profession that deals with the safety of others on a regular basis, and from which the FAA draws upon to make medical clearance decisions, does allow for people with a history of bipolar disorder to enroll in its ranks. According to this article: https://www.statnews.com/2017/10/16/doctors-mental-health-licenses/, there are physicians with a history of mental illnes working in the U.S. and, "Revoking licensure or otherwise preventing a physician from working due to mental disorders is actually illegal under the Americans with Disabilities Act."


texts: Provisions on lease contract not fulfilled

texts:
I just wanted to get a second opinion on a part of my lease since I'd rather it not come back to bite me.

Basically, I moved in May (set next renew date to September this year). When I looked at the place, it had a back room that was filled with the owners stuff (sort of a hoarder, but it wasn't just trash. Just furniture, tools, etc). In the lease provisions, I added that I wanted him to clear out the back room in August 2018 (signed in May) as well as remove a mounted bed frame that seemed to have been rotted away. He agreed and flew in from his country and took some (albeit not all, and left a lot more of the larger stuff like chairs and couches) and the bed frame still stands.

My rent has the utilities included, however he added an amendment that he wanted me to take on payment for gas in September. I didn't turn the gas on until November, since the neighbors upstairs and I (shared house) were fine with toughing it out for as long as needed. I have yet to receive any gas bill from the landlord, or any other word on this agreement. In my own fault, I also never brought it up.

He still has not brought it up, but he also never fulfilled his provisions. The rent was managed by a leasing agent nearby, however I pay rent to the LL directly. Can he come back and force me for gas payments, months later, even though he never sent me a bill starting in September? Also, will his failing to follow through on his provisions, effectively cancel out my need to follow through on mine?

I know since I didn't reach out about the bills, I most likely don't have moral high ground. However, I'd be interested to know how this could be seen, if I choose to not renew in September. I'm not looking to break my lease or anything, just want to make sure I won't get a huge bill at the end when I decide not to renew.

Edit: some background information -

I am mid-20s, have been renting in various locations since 18. Have never had any issues or evictions from landlords.


texts: Is it legal to work more than more than 48 hours in EU with multiple jobs if one is a freelance job?

texts:
I am working full-time as an International research assistant (in a University Library) in Germany. A startup (based in London) asked me to work with them as a research consultant (a kind of freelancer, 5-10 hours per week). I am working as full time (40 hours/week) and also doing a part-time PhD (4 hours/week, not being paid). My employer gave official permission for part-time PhD.
I wanted to work with the startup as a research consultant because we exchange data and technology. As per the EU regulation, there is a limit of a maximum of 48 hours per week.
I have two questions:

Can I work at two jobs (full-time and freelancer) in Germany and UK?
How does an employer check the exact number of the working hour across Germany and London?


texts: What's the validity of different versions of Terms of Service (Software, Web)

texts:
Many people sit around and nitpick about wording that's added or subtracted. They have many terms for this but its essentially everything they get you to agree before they allow you to use a web service or deploy-able software.

However - how does each individual version of these agreements carry over in continuity?

For instance, Software - version 1.6.1 - had its own agreement with a provision X.
Version 1.6.2 of the software respectively has a new version of the agreement removing said provision X.

Do people who accepted/signed 1.6.1 continue to be held to the provision X that no longer exists in 1.6.2?

I'm no lawyer but for plain old business contracts any annex or changes are explicit about such things.

Unless this is very well specified, then all privacy is pointless. All a company has to do is introduce an agreement that states they can change the agreement without notice, then insert some heavy handed bs that allows them to do whatever possible to you and your data, and then remove it on the next version and excuse themselves in the press saying it was a fluke, while banking on the fact that - fluke or not - its still valid...


texts:
I wanted to buy some rare earth oxides and noticed the unit price is 6 or more times more expensive in the USA than if bought from China, even with international shipping included. Since China is the only country that mass produces these substance, all of the American sellers must source it from there too, which made me curious as to why it is so expensive here. Of course it could just be because the stateside sellers hike up the price for some nice profit margins, but my dad suggested it could be because of a tariff/duty imposed when bought from China.

It's hard and confusing for me to find useful information about tariffs/duties online. Would there would be any kind of fee or duty on the oxides if I bought them from a Chinese seller on Alibaba?  If so, at what value of my purchase would the duty be enforced and how much extra would I be charged? If it makes any difference, I talked to a seller on Alibaba and the shipping is FOB (free on board).

Thanks for the help, feel free to comment if I need to include any additional information.


texts: My .eu domain name was stolen. What are my options?

texts:
I have a company in a small European country, with a short, simple, generic name, say Generic, pvt. ltd.

For many years, I've had the domain generic.eu

However, I forgot to change my owner email address for generic.eu - over time, this email expired.

Recently, someone from a neighboring country acquired the expired email and gained control of generic.eu on eurid, thereby grabbing domain transfer code, and ultimately transferring the domain to himself, with a different registrar.

His actions are illegal right? Since my company name is Generic, pvt ltd, therefore "generic" is my trademark and I have a right to generic.eu correct, especially since I have owned the domain for many years...

How do I get my domain back? Can I make a claim for compensation for business lost due to this illegal grab of my domain?


texts: What constitutional laws support a leader overriding his Congress?

texts:
In other words, what thoughts regarding freedoms and rights from the founders of a nation support a leader taking supreme power over its Congress?

I guess I'm asking, what's the point of having a law-making body and a judicial body, if there are laws allowing a single person to overrule both?

But more than that, I'd like to find out what the exact laws are.

What I've tried: look for similar questions, like this. But that question is in fact many questions rolled into one, and the answers do not directly address my more fundamental one.

Isn't the executive branch supposed to just execute? I.e. Execute the bills proposed by the party he represents, as supported by that party's allies? (I realize of course that this is a challenge with only two parties. With only two, both are more or less bound to never negotiate; never agree with the other's bills.)

Addition from comments (thanks Putvi):

I'm actually not asking specifically about Trump and recent events, simply because I expect there to be well-established laws in the constitution that support this, and I don't know which they are. I'm asking for the United States, though, and there are many still in effect.

It's not the only country, I guess I'm trying to get to grips with how the Congress wouldn't immediately support an actual emergency if one is evident. Surely it would? And how a law that lets a leader declare one himself came about.

I've looked some more. This is all the same question in my mind, but to be the most specific I can be: For the U.S., how does the 1976 law override or amend the constitution? (As in: this law could have been passed for something that was needed then, but wasn't before and isn't now.)

After two edits, I've made it as specific as I can. I hope you can answer, I'm new here :)


texts: Check if a book is in the public domain?

texts:
How do you go about finding out if copyright on a book is expired?

The particular book I'm looking at is from 1923 published in Europe, I live in Canada.

Ideally I'd like a method to figure this out myself for other books. I've read that the answer depends on a few factors:

Where it was published
When it was published
Does it has a copyright notice
Was copyright notice renewed (?)
Where the person using the book is (?)

Figuring out the first two aspects is obvious but I'm less clear on points 3 and 4 as well as determining whether the work is copyrighted still once I have all this information.

edit: Added point 5. Does where the person using the material matter? Or does enough countries agree on a common copyright policy in 2015 that this is irreverent?


texts: If a (US-based) website repeatedly allows users to post my copyrighted material what legal actions can I take?

texts:
I'm a university lecturer in Australia teaching mathematics.  I produce question sheets for my students.  It takes significant effort to produce high-quality questions.  These question sheets are protected under copyright law.  A US-based website allows students to post these sheets and pay for someone else to provide solutions which are then uploaded back to the website.  The website appears to be based in California.
They provide a mechanism to take the sheets down by filing a copyright complaint.  It can take a long time to be processed, by which time an answer can be uploaded and the cheating student sometimes gets a terrible solution, but sometimes gets a good solution.  Once they have taken this down, the sheet is often re-uploaded.
In my current iteration, we are dealing with the 3rd round of takedown requests for the same material.  It takes longer to make a decision about whether to take it down than it seems to take for the student(s) to reupload the questions afterwards.
What legal options do I have if this happens repeatedly?  This company definitely has the technical sophistication required to ensure that material that has previously been taken down for copyright infringement cannot be reuploaded,


texts:
Several months ago I signed a contract to lease an apartment in Utah, USA and took up residence in the said apartment. The contract was stated explicitly to run through August 25th. This is clearly and unambiguously stated in writing.

I signed this contract and so did the landlords.

However, now the landlord is telling me that this was a typo and that it should have said August 14th. I was notified of this on August 6. They are threatening to fine me or send collections after me if I do not vacate the apartment by noon on the 14th of August.

The only problem is that I have employment in this city until August 19th. I would need to live in my car for five days if they kick me out.

I am not overly concerned about them coming after me, as I do not believe that the case law backs them up here. However, I felt it best to get the legal opinion of the Internet on the matter.

Do I have a firm case to stand on if they were to pursue legal or financial action against me?

Are there specific cases or statutory considerations that you are aware of that provide legal precedent in this type of case?


texts: Is it illegal to post a picture of someone without their permission?

texts:
If I took a potentially embarrassing photo of someone and posted it on a social media site without the person’s permission, such as instagram, could that person take legal action against me?
Also, would this be different if someone sent me the photo themselves, but still did not give me permission to share it?

This is a situation / argument between two of my friends and I’m curious on what could happen.


texts: GDPR treatment of a list of phone numbers

texts: How should a list of phone numbers be treated with respect to the GDPR?  Assume each number is a personal number and will go to an individual, but that there is no other information stored related to the individual.


texts: Can a consumer bring an FCRA claim twice concerning the same inaccuracy?

texts:
In the context of the Fair Credit Reporting Act, a consumer has no private right to action to sue a creditor for reporting inaccurate information to a credit reporting agency (CRA). A consumer does have a right to sue if the creditor fails to conduct a reasonable investigation and the inaccuracy is not corrected as a result, pursuant to 15 U.S.C. § 1681i(a)(2).
Does that imply a consumer can do the following?

Dispute inaccuracy with CRA. CRA investigates
Sue creditor for a violation of 15 U.S.C. § 1681s-2(b)(1)(A) and lose
Dispute inaccuracy with CRA a second time, providing enough additional information to yield a reinvestigation. CRA re-investigates
Sue creditor for a violation of 15 U.S.C. § 1681s-2(b)(1)(A) and win


texts: Are international US REU candidates considered "independent researchers" under B-1/B-2 visa category?

texts:
US REU programs sometimes accept "self-funded" international students. Such international candidates do not receive any financial assistance from the host university but participate in research.

Would that classify as "independent research", under the B-1/B-2 visa category?
For example, this University of Ohio page mentions:

  A visitor conducting independent research. Independent research means the use of University facilities without any affiliation or appointment. NOTE: a visitor with affiliation or appointment should consider coming on a J-1 visa, even if no payment is made to the visitor by the University.

Per the US law, would an international REU candidate be considered affiliated with or appointed by the host university?


texts: Is this email agreement a contract and if so, does breach of contract mean we can end it?

texts:
Suppose:

We received the following email proposal for a new leased line:

  Please find quote below for leased line Ethernet fibre:

  10/100 fibre Ethernet Direct Internet Access (DIA) circuit. Nil installation and £X per month.

  20/100 fibre Ethernet Direct Internet Access (DIA) circuit. Nil installation and £X per month.

  The Ethernet fibre quote includes a managed Cisco 800 series router to terminate the circuit and proactively monitor it, a 24/7/365 support line for use by either you. The circuit is supplied with 8 IP addresses of which 5 are usable as standard. The standard lead-time is 75 working days and this quote is based on a 36 month contract term. All quotes are subject to contract, survey and valid for 30 days. Prices exclude VAT and are billed quarterly in advance. E&OE.

We replied with an email simply saying, "We would like to go ahead with the 20/100 option."
We paid the service provider for 12 months, during which they provided the leased line but no support line, despite our subsequent request.

Does the email chain and subsequent payment and service establish a legally binding contract?  And is the failure to provide the support line sufficient grounds for us to terminate the contract?


texts: Is it legal to include part of the NOW corpus in commercial software?

texts:
I have collected a lot of sample sentences from the NOW (News On The Web) Corpus and I parsed them via several computer programs of my own making.

I want to know if I can include this data with my commercial educational software. I don't know where to look exactly because I don't know much about legal terms and issues.


texts: To what extent can someone be punished by a public institution without a rule or law being clearly stated?

texts: Say a patient does something the director of the hospital thinks is inappropriate. Or say it is a student and a school instead of a patient and a hospital. The important point is that a "user" of a "service" is punished without reference to a rule or a law. Is it allowed? I am especially interested in the law in Canada, but also in the United States and the UK.


texts: Can a celebrity sue someone who takes obnoxious pictures/videos of him in public and uploads onto internet without his permission?

texts:
Suppose a celebrity digs his nose or scratches his private part because of sudden itch or performs some unsightly act in public. Someone takes his picture/video and uploads onto internet without his permission. The celebrity is shamed in public. By depicting the celebrity in an unflattering light, his value as a celebrity is diminished.

Can the celebrity sue for damages since the pictures/video were taken without his permission? His privacy has also been violated.

Assume celebrity is American.


texts: Giffy's website content and copyright law

texts:
I was wondering how a website like Giffy doesn't have any copyright problems, or trials from movie and tv-show productions offices, since it generates milions of dollars of incomes with small parts of those movies and tv-shows ?
Sorry in advance if my question is not formulated very well, I hope it's understandable anyway.
Thanks in advance for your replies!


texts: At what point does a local garden produce exchange run into legal barriers?

texts:
I have an idea for a local garden produce exchange. Assuming two neighbors swapping lettuce has zero legal restrictions, at what point would we run into legal barriers while expanding in the ways listed below?

When a large group of neighbors are involved
We are trading produce for some kind of tokens or credits
We are buying and selling (real money instead of credits)
We hire workers to pick the apples off someone's tree
We sell produce to people who are just buyers, not involved in an exchange

I'm guessing the FDA, USDA, and maybe some local zoning laws would stop this at some point. What is the general framework for laws around food exchange like this in the United States (California, specifically)?


texts: Can my landlord enter without notice weeks after a maintenance request?

texts:
I put in a maintenance request at my apartment a few weeks ago. Someone came by the next day to inspect the issue and left a note, which basically said "We will need to call technicians to fix something outside the building, but in the meantime I did [temporary fix] for your apartment." Worked for me, hadn't heard anything since.

Yesterday, I got home and found a mess in my apartment. Apparently maintenance was there again (or it was broken into by someone who likes taking apart air ducts..). No note unlike every other time they've been there, so I was pretty unnerved until I found where they'd been working.

I was not notified about this in advance. I looked through the relevant section of VA law and it says:

  If the tenant makes a request for maintenance, the landlord is not required to provide notice to the tenant.

When does this "free access" expire, if ever? Is there a set time period, or does it last until they deem the maintenance request completed?


texts: Answering to eviction case with no "final judgement"

texts:
I have a friend who has an eviction on his record. I'm trying to help him get it removed since when I looked up the case, there is no "final judgement" or "writ of possession" and it still shows up as open.

My friend has since moved on from the apartment and the landlord has had possession for some time now. So I doubt he has any interest in pursuing the issue any further.

Would filing an answer to the eviction stating that he turned in the apartment within the time frame requested, and that he didn't pay the rent for several months due to the landlord's failure to maintain the property due to a leak from the apartment above cause the court to set a "final hearing" date?

My thinking is, if we get the court to set a "final hearing" date. I doubt the landlord will show up. If we win, then the eviction never happened.


texts: Is it error of law to judge on less relevant case law when there is much more relevant one?

texts:
A judge in a civil case makes a judgment justifying it by similar decision made in somewhat relevant case.

A party to the case is dissatisfied with the judgment. They find a more recent and, more importantly, much more closely related case (same court) in which the decision was the opposite.

Can what the judge did be called "error of law" for the purposes of appeal?


texts: What is the difference between overturned, reversed and remanded?

texts:
I'm reading a document I don't fully understand.

In it, it states:

"It is not appropriate for the court of appeals to review this point, which is to be returned to the High Court"

It also states early on that the high courts decision has been 'overturned'

Based on the original statement, does that mean the case is closed, or remanded to the high court for reconsideration

What are the differences in the definitions?


texts:
I know this is unlikely... but, many of us now buy our films/books/music through services like Kindle and iTunes.

Our purchases stay on the provider's infrastructure until we want them then we can either download or stream onto our own devices. This is after all what we want, a lot less DVDs and music lying around!

But, what happens if one of these big companies declares bankruptcy? If Apple, Amazon, or Google goes bust or declare that they're ending this service what rights do I have as an individual who has bought these items from them?


texts: Is it legal to use fake credit card to sign up?

texts: I know that there are many scam sites in the Internet so I want to use a fake credit card generated by Luhn's algorithm. Is it legal to use it to sing up for an online pay service?  I don't want to use real card number.


texts: What is the legal definition of "week" in the context of an independent work agreement?

texts:
I have an independent work agreement with a client and there is some ambiguity with the definition of the word "week" which is being used to describe a fixed quota that should be achieved per week.

There is no explicit definition of "week" in the agreement, so I want to know what a "week" implicitly implies, is it equal to a time period of 7 days? Or is it a work week with only 5 days? My client thinks it is the latter but I think it is the former.

Also, does a week cover a partial calendar week which can occur at the start and end of a month? How many days is a "week" in that case?

P.S The jurisdiction is Israel but I would not mind getting a general answer.


texts: Are there limits on terms that can be stipulated in an EULA?

texts:
I've seen that EULAs say things like "Don't say anything bad about the EULA or this product.". What if the termination clause doesn't terminate that part of the EULA? Is the person forever locked out of freedom of speech? Is there a way to go to court or somewhere to completely wipe the EULA from oneself like if it was never agreed to?
P.S. I kinda think that one day this is going to happen:

We came for the kidney.

What kidney?

The one where you clicked Next, Next, and "I Agree."


texts: Can my LLC limit my liability of a personally-signed non-compete agreement?

texts:
I am employed via W-2 and bound to a non-compete agreement stating that I cannot be paid for work outside of said W-2 employment.

Is it a breach of contract to perform work on behalf of an LLC which I own 100%, where payment is received by the LLC and not me personally?


texts: Have there ever been any thought crimes?

texts:
Has there ever been anywhere a law criminalizing certain thoughts? The closest I can find is The Treason Act 1351, which is still in force in Britain today. This criminalizes compassing or imagining the death of the King.  The statute goes on, however, to say that it is necessary that the offender be 'attainted of open Deed', so this is not a pure thought crime.

I am not counting the laws of religious bodies, just the laws of states.


texts: I was late to file a report in auto accident

texts:
A guy hit my car about 3-4 months ago, it was fairly minimal hit on my front passenger door. since it was his fault, he offered me to help me by fixing it at his dad's for free rather than calling insurance and I didn't wanted to make big deal out of it. I went and his dad said it'd take 2 weeks to get the parts, and after that he wasn't responsive and when i contacted them after 2 weeks, both son and father weren't responding. since i could still drive the car, thought never hit my mind that he would rip me off, and today when I went to his home (where he promised me to fix my car), he said it was too late for me to file anything legally, What's my legal approach? I have voice recording of today's conversation where he said that i couldn't do anything legally, not-in-words but he pretty much admitted he did that.

i live in irving, texas, usa.