This is in California.

I quit a job over a year ago and finally, just recently, got the last profit-sharing benefit. But when I saw the amount, it looks like I got 3-5% of my wages for the eligible period, whereas active employees got the maximum: 15%.

Seeking clarity, I looked into the employee manual that was given to me, and found this in the relevant section:

>
> RETIREMENT BENEFITS
>  After one year of continuous service, employees are eligible to participate in [Company]'s 401(k) Profit Sharing plan. Under the conditions of [Company]’s 401(k) plan, the company will contribute from 3% to 15% of the employee's annual compensation to the employee's choice of investment funds offered in the plan. Each year the company management reviews the financial performance of the company and determines the rate of its contribution, to the 401(k) PS plan for that year. **Each employee receives a contribution based on the eligible time worked during the fiscal year.**
>
>
>

Seeking further explanation from the CFO, she wrote me this:

>
> In order to be eligible for the discretionary profit sharing contribution in any plan year ( the 12-month period from 4/1 to 3/31), an employee must have worked at least 1,000 hours in that year **and have worked on the last day of the plan year**. The number of prior years the employee was in the plan or worked is not relevant, and the only exceptions do not apply to ordinary voluntary or involuntary termination of employment.
>
>
>

I meet the 1k hours requirement. I did not work the last day. Are they breaking the law in reducing the profit-share benefit because I did not work the last day of the plan year?

Am I owed this profit-sharing benefit after quitting?


I know quite a number of people who do this, but I just want to know for sure. The blog is non-commercial and dedicated to a manga. It's for sharing and other fans to browse.

Can I use a mangaka's work as my tumblr blog icon/background?


I am trying to get the meaning of a Trademark statement.
A filing is: continued use not filed within grace period, unrevivable.

Meaning of trademark "unrevivable"


There is a transcription of a song <https://www.youtube.com/watch?v=IfcS-w808dM> that I put in a video. Youtube obviously noted me that it is copyrighted and told me that it might put ads in my video. Can transcriptions actually have a copyright as they are not original compositions? If not, would I still need to get permission from the original author?

Can a Transcription have a Copyright?


**Background:** I'm considering building a web (focused to Europe) which, for one of it's part, would require users to upload their university diplomas and/or other similar certificates of achieved education. These would be visible only to other users of the said web.

My **first question** is: Are such documents considered sensitive under GDPR?

My **second question**: Usually, there are names and signatures of 3rd party on the certificates (e.g dean's name and signature on university diploma). Is user even legally allowed to scan such document and upload it on the web? Wouldn't that require to have consent of the said 3'rd party? Would these need to be redacted?

I've tried searching the GDPR guidelines, but I'm uncertain. I presume that I would need to ensure that I have consent from the users to store and show the documents on the web and ensure that these are deleted when user deletes the his/her profile.

From what I've read, it seems to me that, given the registration is completely voluntary, that it should be OK. But I feel that it might not be that simple.

Thank you

University diploma / various certificates under GDPR


If I buy a book (ebook or printed) and narrate an audiobook myself, would it be legal to put it for sale? How about if I put them for free? Would it would violate the copyright of the publisher of the book?

How about if you reverse the question, and write a manuscript based on an Audiobook, say with speech-to-text technologies? Would it violate the publisher's rights?

Distributing audiobooks I've narrated


I fear this is an XY problem, but I've got to start somewhere. Can the IRS place a levy on whatever they want including money due to me from customers without any notice of an intent to levy? I had received a letter from the IRS stating that I had until 6/12/2016 to respond to a 940/941 that wasn't filed and then I got a whole packet of accounts they levied on 05/18/2016. If this question is not suitable for SE I apologize. Not sure where to turn right now. The issue is compounded by the fact that the agent isn't returning my calls and the local office he is supposed to be from is indicated as being closed on the irs.gov website as well as a recorded message when calling the number for the office stating the same.

Is the IRS required to give notice of intent to levy prior to levy?


Under British law ([s11 of the Copyright, Designs and Patents Act 1988](https://www.legislation.gov.uk/ukpga/1988/48/section/11)), the first copyright of a book belongs to its creator, or, if the creator writes it for an employer, his employer (s9). Now his employer does not have to be a natural person; it could be a fictitious legal person, such as a company. If it is, does the copyright expire and if so, when? S12 states that copyright endures until 70 years after the author dies. Does that mean that if a company holds the first copyright then the copyright lasts as long as the company stays in existence, plus 70 years? If so, what is to stop an author avoiding the automatic expiry of copyright 70 years after he dies by incorporating himself as a company for which he does the work of writing? Or perhaps a company that holds the first copyright loses it 70 years after its employee dies?

Under British law if first copyright belongs to a company, does it expire and if so, when?


I have access to a number of sound effect libraries via a personal single-user commercial license, allowing one backup copy each (which I am understanding GitHub to count as, purely out of caution) file without needing to be "synchronized" with some other form of media, in which case I have unlimited use. I would like to run automated builds and unit tests, but I'm worried about whether this would be a violation of the single-user licensing since the assets would be present on another machine in order to be built.

Sound synchronization in games seems particularly ambiguous to me. What counts as synchronization when a sound must be kept in some sort of raw format and could be "synchronized" at any point in gameplay? Does having all your sound effects in the project tree count as synchronization or does it need to be in a packed asset file?

**Am I legally allowed to run automated builds on another system or would it violate single-user audio library licenses?**

For my particular project, the commercial sounds I am using have been purchased through Sonniss. ([Sonniss license](https://sonniss.com/sound-effects-licensing/))

Would automated builds of a game violate single-user licenses on assets?


As far as I'm aware, if you're writing an article on a movie (or something similar), you can use screenshots and such from the movie to illustrate your points under *fair use* law.

**Example:** Under fair use, A blog article about StarWars's dvd artwork would allow the use of images of the covers in the piece.

**Scenario:** This article was one of many on StarWarsDVDs.com - Would *fair use* allow for use of the artwork as the banner for the website? seeing as the site is solely dedicated to the topic.

From what I know of fair use, it's somewhat fuzzily defined - but I was wondering about how it would apply to collections of items that reference the media.

Is using media in this way allowed by fair use?

There might be some instances of this occurring previously, like a published book of movie reviews?

How far does fair-use apply for a source that contains several critiqued resources?


I'm dealing with an investment company that claims to be an 'American' company but is registered at BVI (British Virgin Island). I can't find any physical U.S. address at its website and it is the subsidiary company of a ShenZhen, China based company. How could I verify further it is truly an American company?

Inquiry of an 'American' company?


[This question](https://law.stackexchange.com/questions/17849/vague-clause-in-employment-contract) has an employee with two different employers, each employer fully knowing the situation, and each contract has a clause telling that all the software produced by the employee (even outside work hours) belongs to each of the employer.

Now, the employee wondered if he had signed himself in a position were he could be forced to give one of his employers something that the employee did not own (the code he did working for the other employer).

Common sense would tell that each of the employers know that the employee does not own the code he is producing for the other employer, so they cannot ask him to give something that is not his to give. And since they knew about this limitation at the moment of signing/giving permission to get a second job, does that mind that they lose their right to pretend ownership of the other employer's code? Is this situation codified in some law term?

May known (for both party) implicit limitations change the scope of a contract?


I quoted extensively from Quirk et al's book on English grammar in [one of my recent answers](https://ell.stackexchange.com/a/80432/2127) on ELL StackExchange, and a thought came to me: what is the maximum amount beyond which a quotation might infringe upon the copyright?

I don't want for my answers to be lost because someday some copyright holder would deem them infringing.

And what if, say, Quirk et al.'s book will be quoted in minute excerpts across thousands of answers, but in aggregate these will constitute a sizable share of the book? Would that be an infringement?

I first [asked this question](https://ell.meta.stackexchange.com/questions/2910/copyright-issues-with-grammar-literature-quotations) on ELL SE meta, but was advised to migrate it here.

---

P.S. To clarify: Quirk et al.'s "[A Comprehensive Grammar of the English Language](https://en.wikipedia.org/wiki/A_Comprehensive_Grammar_of_the_English_Language)" is part of the Holy Scripture for English grammarians. (0: Because of that, it's very likely to be quoted in answers on English Language Learners Stack Exchange.

Copyright issues with grammar literature quotations on ELL StackExchange


Let's assume that I publish a German translation of a book in the public domain (because the author is dead for 70+ years) that hasn't been translated so far.

Do I own the copyright for the translation or is the translation automatically also in the public domain? Moreover, is someone else able to publish another translation? (I assume this is possible if it's substantially different, but I would like to know the exact rules.)

Can I own the copyright for a translation of a public domain book?


Say Bob wants to know more about Jack, so he pays 'X' (service, company, or person) and they provide Bob will everything he asks for about the person, which could include private info (personal address(es), business address(es), etc.). Would Bob be in trouble with the law if caught doing this?

The exact action would be: **paying an unlicensed person or service to investigate an individual, or otherwise provide information about them, such as home address, records, etc**.

The person, company, or service is not a licensed investigative agency/law enforcement agency, but can otherwise find generally private info about people (like their home address(es), etc.), and Bob knowingly went to them since he had no valid reason to go to licensed detectives/police/etc.

Would this act alone be illegal for Bob if nothing further was commenced with such info in his trust?

Is it illegal to pay someone to investigate another person if they're not a licensed detective?


Say you have company A. They are being bought by company B, are there legal ways to permit company B to buy A but not permit B to own assets that company A had originally owned?

Or in selling company A to B permit wholesale pundering on B part when they buy A?

If there is no place on this website for this question please let me know.

Is it possible to keep assets from being taken when a company is bought by another?


To clarify the title, here is an example:

1. Alice wants to sign up to online store Nile.com
2. Alice enters the email `bob@mailprovider.com` by accident
3. Nile.com does **not** send a verification that Alice has to complete but directly accepts the registration and the email
4. Alice orders stuff from Nile.com
5. Bob, who is completely unrelated to Alice, starts getting emails that contain information about Alice that includes her name, (delivery) address and purchases

I tried to look through [the entire text](https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1528874672298&uri=CELEX%3A32016R0679) but I honestly got lost around the processing sections. The only relevant part I noticed was in Chapter II, article 5

>
> 1. Personal data shall be:
>
>
> [...]
>
>
> (d) **accurate** and, where necessary, kept up to date; every
>  reasonable step must be taken to ensure that personal data that are
>  inaccurate, having regard to the purposes for which they are
>  processed, are erased or rectified without delay (‘accuracy’);
>
>
> [...]
>
>
> (f) processed in a manner that ensures appropriate security of the
>  personal data, including **protection against** unauthorised or unlawful
>  processing and against **accidental loss**, destruction or damage,
>  using appropriate technical or organisational measures (‘integrity and
>  confidentiality’).
>
>
>

(emphasis mine)

What are the legal obligations of Alice and Nile.com here? It is ultimately Alice who made the mistake and Nile are following the user's preference for contact, even if it's wrong. I couldn't see (or I missed) if Alice has an obligation to provide accurate data. At the same time it seems like Nile.com should have done due diligence before essentially leaking (is this considered "accidentally losing"?) PII to a third party.

Legal sending personal information to a third party if the user supplied incorrect contact information?


Kumaran, an electrician, develops novel lampshades. In January 2016, he developed a new lampshade suitable for use with compact fluorescent lights.

**On 1 May 2016, he emailed Bobby and Chew, both wholesalers, to whom he had previously sold lampshades. In his email, he asked each of them whether he would be interested in becoming the sole distributor of his new lampshade.**

Is this an offer or an invitation to treat?

Is kumaran's email an offer or invitation to treat? Why


Are US employers allowed to unilaterally cut the pay for an employee, specific team or all employees through a one-off measure? Are forced contributions to charity, pay reductions during an economic crisis, fines for not meeting performance goals, and others legally above board?

From my limited understanding of US labor law, an employer is free to reduce pay going forward for any reason that isn't covered by specific anti-discrimination laws. And as a company-wide measure applied to future pay this also doesn't seem like it could be construed as an illegal deduction. But I'm not finding a straight answer.

This question was inspired by [this question about an employer reducing pay to buy the CEO's book](https://workplace.stackexchange.com/questions/157513/) and [this off-site article](https://www.askamanager.org/2018/11/my-employer-fined-me-90-for-being-late.html) about an employer fining people for being late.

**Can an employer apply what are effectively one-off pay cuts** through enforced contributions, fines or other measures?

Can an employer apply one-off pay cuts via forced contributions?


I was looking at the traffic on my website, and saw some of that from the Amazon silk browser, which shows up as:

>
> Mozilla/5.0 (Linux; Android 5.0; SM-G900R4 Build/LRX21T)
>  AppleWebKit/537.36 (KHTML, like Gecko) Chrome/47.0.2526.83 Mobile
>  Safari/537.36
>
>
>

aside from clearly having some sort of identity crisis, the silk browser claims to be a Mozilla product.

The Mozilla license states that source code must be made available.

<https://tldrlegal.com/license/mozilla-public-license-2.0-%28mpl-2%29>

So I went to the Amazon silk site, and some Amazon sites, but I see no links, or references to download the source. So either Amazon is violating the license by not providing source code, or masquerading as an alternate browser, which (as I understand it) is illegal, under the terms of hacking, and e-crime.

Beyond that, I see no way to contact Amazon about this. What should someone do?

Does Amazon Need to provide source for Silk?


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

Entitlement to copy of electronic contract


Which US states penalize an employer if they withhold taxes for the wrong state for one of their employees? (withhold in California, but employee was in a different state: I'm interested in any US state)

For context, the question is a follow-up of [Why does a US company need to know the location of their employees for tax purposes?](https://money.stackexchange.com/q/125839/5656).

Which US states penalize an employer if they withhold taxes for the wrong state for one of the employees?


Why would you "probably be required to enforce the strict legal position so that it would be necessary to initiate
proceedings", when you can just rely on *Tool Metal*?

Poole, Shaw-Mellors. [*Contract Law Concentrate* (4 ed 2019)](https://www.amazon.co.uk/Contract-Law-Concentrate-Jill-Pool/dp/0198840446/ref=dp_ob_title_bk). p 71.

>
> ### How is the promissory estoppel brought to an end? Reasonable notice given and notice period has expired
>
>
> This issue is complicated by the facts of *High Trees* since the estoppel in that case was considered
>  to turn on the bombing in the Second World War and so came to an end automatically
>  when the conditions under which the estoppel operated ceased to exist. However, the HL in
>  *Tool Metal Manufacturing Co. Ltd v Tungsten Electric Co. Ltd* (1955) revived the strict legal
>  rights only after the promisor had given reasonable notice of an intention to do so and that
>  notice had elapsed.
>
>          It seems safest to demonstrate the giving of reasonable notice as a means of showing fairness
>  and that it is no longer inequitable to go back to the strict contractual rights rather than
>  assuming that the estoppel conditions have come to an end. **In any event, court action would
>  probably be required to enforce the strict legal position so that it would be necessary to initiate
>  proceedings.** This is exactly what happened in *High Trees* [1947].
>
>
>

I'll outline *Tool Metal* here.

Paul Davies. [*JC Smith's The Law of Contract* (2018 2 ed)](https://www.amazon.co.uk/Smiths-Law-Contract-Paul-Davies/dp/0198807813/ref=dp_ob_title_bk). p 98.

>
> It is suggested that the preferable view is that promissory estoppel
>  can have an extinctive effect as regards existing obligations, but is suspensory as
>  regards future obligations. Both these points emerge in the *Tool Metal* case.116 *Tool Metal*
>  had licensed Tungsten to deal in certain metals, for which Tool Metal owned the patents,
>  in consideration of Tungsten paying a royalty of 10 per cent up to a certain amount
>  and, thereafter, 30 per cent. During the war, Tool Metal agreed to waive their right to
>  30 per cent and to accept a flat rate of 10 per cent. After the war a dispute arose. Tool
>  Metal claimed the waived 20 per cent in respect of material which had been used after
>  1 June 1945. In these respects, then, it was exactly like the High Trees case, except that
>  the wartime agreement had not terminated. It was held by the Court of Appeal, following
>
>
> 116 *Tool Metal Manufacturing Co Ltd v Tungsten Electric Co Ltd* [1955] 1 WLR 761.
>
>
>

p 99.

>
> *Hughes v Metropolitan Railway*,117 that the claim failed. As a result, the existing ‘rights’
>  under the contract were clearly extinguished—the extra 20 per cent was lost forever. But
>  the contract to pay 30 per cent was still in existence (though waived) and the House of
>  Lords held, on the assumption that the waiver was binding (as had been held by the Court
>  of Appeal), that *Tool Metal* could resume their rights to the 30 per cent for the future, by
>  giving reasonable notice that the waiver was at an end. Their future rights under the contract
>  were only suspended until they had given proper notice that they wished to resume
>  them. It seems to follow from this decision that in *High Trees*, if the landlord had given
>  notice during the war that, from a reasonable time in the future (say, three months) he
>  wanted the full rent again, he would have been entitled to it; but that, for the periods in
>  the past, the balance of the rent was lost for ever. His ‘rights’ for the past rents were extinguished,
>  whereas his ‘rights’ for the future rents merely suspended.
>
>
>

[*O'Sullivan & Hilliard's The Law of Contract*](https://www.amazon.co.uk/OSullivan-Hilliards-Law-Contract-Janet/dp/0198807821/ref=dp_ob_title_bk) (2018 8 ed). p 117.

>
> 5.84 First, does promissory estoppel extinguish the creditor’s rights or merely suspend them
>  until revived by notice? The most common view in cases and commentary is that promissory
>  estoppel is merely suspensory. After all, the landlord in *Hughes* was allowed to
>  reactivate the six months’ repair period by giving the tenant the appropriate notice.
>  Moreover, the House of Lords took the same view in *Tool Metal Manufacturing Co v
>  Tungsten Electric Co* (1955), the first case on promissory estoppel to reach the House
>  of Lords after High Trees. Here, TM granted TECO a licence in 1937 to deal with hard
>  metal alloys which they had patented. The licence agreement provided for TECO to pay
>  ‘compensation’ to TM in any month if they sold more than a stated quantity of the alloys.
>  When the war broke out, TM agreed to forgo the contractual compensation and none
>  was paid after the end of 1939. In 1944 negotiations for a new agreement broke down
>  and, in an action brought the following year by TECO for breach of the licence agreement,
>  TM counterclaimed that compensation was again payable from 1945 onwards (as
>  in *High Trees*, no claim was made for the war years). The Court of Appeal held that TM
>  could withdraw the concession not to claim the compensation by giving reasonable notice
>  to TECO. In a subsequent action, ***the House of Lords confirmed that the serving of
>  the counterclaim was itself sufficient notice to restart TECO’s obligation to make compensation
>  payments [Inaki Viggers quoted this in his answer below.]*** (in fact, from 1947 onwards).
>
>
>

Why court action would probably be required to enforce the strict legal position so that it would be necessary to initiate proceedings?


How can I lay a criminal complaint before the governmental prosecutor according to § 158 (Strafanzeige; Strafantrag) StPO? Need I follow a particular format? where do I send it? Can I submit an anonymous complaint, and if so does the prosecutor take those seriously?

I read the following tweet from Henry B. Poquelin\*: "Fakt bleibt, man muss Positionen und Personal der Rechtspopulisten attackieren,weil sie gestrig,intolerant, rechtsaußen und gefährlich sind!" I hate AfD and its politics, but still I don't like the call for criminal violence against people and property. I thought of a prosecution based on §111 and §130 StGB.

Well, I will certainly not prosecute him, but I still would like to write a correct letter to the government lawyers and knowing how to send it anonymously to them.

\*I'm using a pseudonym here to avoid listing the name of the famous SPD politician. I don't want to start a witch hunt on him.

How do I file a criminal complaint in Germany?


In country A, it's illegal to say something to a person (it's considered a severe insult that is punished with jail)

User 1 is using Twitter in country B, where such law doesnt exist, and he is a citizen of country A, and he says something about another user 2 (in country A) where such thing said it's illegal .

Twitter is hosted in country C.

Is User 1 committing a crime? Or the law from country A doesnt apply to him because he's in another country and the service he is using is in a third country?

BTW, I couldnt come up with a better title. If you can come up with a more descriptive title, please edit it.

How do you laws apply through internet regarding the different countries?


There is no clause in the contract about transfer of service (or whatever you call it) like if it's still enforceable even after the service has been transferred to someone else.

I had a contract with a company, but that company changed its name. Is my contract still enforceable?

Contract still valid after servicer changed name?


My wife is employed by a company based and registered in Guernsey. The company is also registered at Companies House (in the UK). I know generally the Channel Islands adopt UK laws, so is she covered by UK employment laws such as [TUPE](https://www.gov.uk/transfers-takeovers) and those that govern things like statutory redundancy pay? Does it matter that they are also registered in the UK?

She is a UK citizen and resident. She works from home most of the time. When she does have to go into the office, it is their office in Bristol.

Is someone employed by a Channel Islands based company covered by UK employment laws?


A company advertises positions and receives far more applications from members of one sex than from the other. The company wants to interview the same number of people from each sex. It chooses the following policy: applicants are ordered within each sex and interviewed in pairs. If they run out of applicants from one sex the remaining applicants in the other sex will not be interviewed.

Is this legal in the UK?

Is it legal to invite applicants to interview on the basis of sex?


I'll keep this brief. Currently, I'm working on a website and wish to put "© 2017 [My Site]" in the footer, but a fair chunk of the content will essentially be owned by others. I don't expect to have any legal issues with this, but would like to credit them in the footer. Would I also add "© xxxx - xxxx [Company]" or something else? I don't want to be claiming that I own the companies in question.

Using © on a website when I don't own all the copyright


Customer signed the contract and initialed the line items where indicated. After customer left employee realized contract didn’t print and hit print again; when printed the initialed items did not show any initials. Employee initialed the line items with customer initials. What are the ramifications to this action?

Initialed items on contract


A NY law employment contract states in a section entitled **All Inventions are Exclusively the Property of the Firm:**

>
> *Employee assigns to the Firm... without any additional consideration, all of Employee's right, title, and interest in any and all inventions that Employee invents, conceives of, creates, develops, or reduces to practice while employed by the Firm or for a period of one year...*
>
>
>

Specifically, as pertains to Copyright:
I should have added this clause

>
> *Employee also agrees that...all inventions made by Employee (solely or jointly with others)...which are protectable by copyright are "works made for hire" as ... defined by US Copyright Act (17 USC Sec 101) and are deemed specifically ordered by the Firm under US Copyright Law. In the event .. not to be a 'work made for hire', this Agreement shall operate as an irrevocable assignment ... of the copyright ... including all right, title and interest therein.*
>
>
>

At the same time, the contract states under **Excluded Information:**

>
> *The restrictions contained in this Agreement shall not apply to any Prior Work....means discoveries, creations, developments, improvements, ..., ideas, reports and other creative work...Employee made or conceived such works prior to commencement of employment.... including but not limited to those described in Exhibit A*
>
>
>

Clearly, all copyrighted ideas / code done before employment are of course *Prior Work*. This is stronger if the copyright is put in Exhibit A, but can still be established even if the IP is not listed. (e.g., timestamped code/papers in external repos, email trail, etc).

What if a Third Party licenses a copyright to the Employee or assigns a copyright to the Employee *subsequent* to his employment? Can the firm claim these licenses/copyrights as its own Property?

Is there any distinction between the two: licensing or assignment from the point of view of the Employee protecting his IP from the new firm? My (mostly ignorant) belief is that a license granted to the Employee, even if it is exclusive and perpetual *cannot* be claimed by the Firm, while an assignment is more questionable. Am I correct in saying that in neither case can the Firm established that the Employee invented these licensed/assigned inventions, since that claim can only be made by the (Third Party, original) copyright-holder.

Assignment of Inventions to employer - exclusion of Inventions assigned or licensed to me?


I had the possibly unprofitable hypothetical idea of starting a mobile recycling business where a truck comes to you and pays you door-to-door for your recycling at below market prices. Can this be done legally in California?

Can I start a mobile recycling business in California?


I noticed that all the "summaries" in **Yahoo News Digest** are simply pieces of articles copied and pasted from another website. Isn't this violating the copyright of the real article?

EDIT: If I am not wrong, the app was first created by a teenager who wrote a script which automatically made the summary of any article. Assuming that he wasn't able to pay the newspapers for replying all the articles on the app and also that the script simply took some paragraphs from the article without changing any word, how was it possible for him not to infringe the copyright?

Doesn't Yahoo News Digest infringe copyright?


Article 49 of the 1993 Constitution of Peru states that Lima is the capital. It also states that Cusco is the "historical capital".

That Cusco is the former and ancient capital would be universally known without any provision in the Constitution, and tourists would still go there to see ancient buildings and ancient monuments.

Does the Constitutional designation of Cusco as the "historical capital" have any legal or otherwise practical effects?

Effect of Cusco's Constitutional status as the "historical capital" of Peru


Imagine this hypothetical scenario:

1. I am a faculty at a state university.
2. I have an entry at RateMyProfessors.com (<http://www.ratemyprofessors.com/>) that shows up when people search Google with my name.
3. Unfortunately I have been cyberstalked (there is a letter written by a colleague).
4. I have asked the university not to put my name on the university website.
5. But my RMP entry is still on the webpage.
6. Thus I am concerned that stalker will find me from RMP website.
7. But RMP will not remove my entry from RMP website.
8. There are no students posting on my entry at RMP website.
9. How would I be able to force RMP to remove my information?

Cyberstalking and RateMyProfessors.com


Here is a common trope in movies and series: Romeo and Juliette love each other, to the great displeasure of Mr. Capulet, Juliet's father. The man decides to privately meet Romeo and to offer him big money if he accept to quit his daughter. Depending on the story, then two scenarios are possible:

1. Romeo is not the good man that Juliet believes she loves, and will not refuse easy money. He disappears from Juliet's life whose heart is broken forever (or until the next love interest).
2. On the contrary, Romeo abhorres the idea of living far from Juliet and refuses the money. It starts from that moment a strong enmity between the two men.

There is a third scenario that never occurs in fiction: Romeo accepts the money, but tells everything to his significant other. He uses the money to offer a happy life to Juliet. This is how I would probably act in such a situation: sure, lying to Mr. Capulet is not very honorable, but why should I act with honor with someone able of this kind of vileness?

My question: could Romeo be legally binded to honor his word and quit Juliet? Would it change something if Mr. Capulet had the idea of making Romeo to sign a written document?

For the sake of the question, we can assume that it happens in the US (since it is a regular trope in US TV shows). Answers that compare situations in other countries is interesting too.

Can I pay someone to end a relationship?


I am a UK national. Can my non-EU wife be deported when we both live in France and I am a worker paying taxes, holding a French driving licence, a Carte Vital, self employed and also have a French contract job for the next 3 years?

Can my non-EU wife be deported from France for a visa refusal?


I want to copyright a video game I'm making but I want it to be part of a series where each title of the game will begin with the same prefix and end with a unique suffix for the game. I want to have ownership of the prefix so others cannot make any other games with it. For example, EA owns the Battlefield series and no one else can make games related to that. I think I'm probably thinking of more of a trademark and not a copyright but I'm not sure. How can I copyright/trademark and protect the prefix of my game for when I want to make another game related to the first?

For a different game I'm working on I want to include music made by composers who have their music protected under the CC 3.0 license and I have permission to use their works in a commercialised product as long as I'm not just reselling their music as is and without any form of modification. Obviously, since it's a game with graphics and other music that will be made by my team I will want to protect those assets and the game under a copyright, but if I copyright my project with music protected with a CC 3.0 license, would that cause problems with the copyright preventing me from protecting my stuff?

Copyrighting video games


I want to gather basic telemetry in my app (ex: which buttons are pressed, how long someone stays on certain pages, etc). Do I need to ask for a users permission to do this, or give them a way to opt out of it, if the data that is being collected includes no personal information at all. All it does is send the name of a metric (ex. ms\_user\_stayed\_on\_page) and sometimes a numeric value (ex. 20000 [milliseconds]). The data is then aggregated and averaged or summed up for all users, to be able to graph whats happening in the app for each minute.

Do I need to ask my app users for permission to gather anonymous telemetry data?


I once heard that there is a certain level of reasonable expectation that is guaranteed by law when it comes to making multiple deals with others.

For instance, is the following legal or illegal to do.

* Bill offered to Mow Janes lawn for $1, which is agreeable.
* Bill mows the lawn, and gives Jane a bill for $1.
* Jane happily pays.
* A week pasts, and Jane asks Bill to mow her lawn again.
* Bill mows the lawn again, and give Jane a bill for $2
* Jane asks why $2 and not $1, like last week
* Bill says that he changed the price within the last week due to high demand of his services, and that is what he charges everyone now.

I do not mind which country the law exists, or if it exists at all; I was told that this was illegal to do (anecdotally), and I just want to get a quick opinion (not used in any legal way, just to cure my curiosity) and see if they were telling the truth or not.

Thanks!

Multiple deals in a row and reasonable expectation


I want to create a website in UK where people can share what they pay for rent at the address they currently stay. This would be community-driven and work like glassdoor (a website for sharing your salary). It would help tenants decide if a landlord is asking too much and landlords to decide their rental price.

Would you see any legal problems with that? You would input an address and get a history of rental prices (if there are any in the database).

Sharing rent information


I'm looking for examples of cases where there have been alleged miscarriages of justice, but subsequent research/appeals have turned up more evidence of *guilt* rather than *innocence*.

The only example I've found so far is that of James Hanratty, aka the A6 Murderer. Executed for murder in 1962, attracted a long running campaign to have the verdict overturned and be given posthumous pardon. Eventually a campaign by his family resulted in his body being exhumed and DNA samples being compared with those found on the victim proving guilt beyond reasonable doubt.

Are there any other similar cases?

UPDATE - I'm looking for those cases where new evidence was found that added a final nail to the coffin, rather than those case where new evidence exonerates the wrongfully convicted. I'm also interested in those cases that became a fashionable *cause célèbre* rather than those largely limited to family and close friends. The Hanratty case attracted a lot of celebrity interest for nearly 40 years before the family demanded an exhumation and DNA testing - which proved beyond doubt that he was guilty. (interestingly, the family are still claiming that he's innocent)

Alleged miscarriage of justice, later proven guilty


The following text shows the terms and conditions of this site: <https://alltransistors.com/terms.php>

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According to the `"The content of the pages of this website is for your general
 information and use only"` statement, can I use the content of this site for commercial purpose?

I want to create an app (by using the content of this site), and sell it.

They don't answer my emails for such permission.

Does "general information and use only" means that I can use for commercial purpose?


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

sole proprietorship tax question


I am looking at creating a consolidation like service that posts data of the same type\* across a network of third-party websites, most of which do not have open, or free APIs.

If you used Selenium or something of the like to take the data from your own system and submit it as normal users would, for free, to a target site, is this illegal?

For none of these services would I be using my own "paid license" to post data on behalf of users who do not have a license. All of these services are free, but I am not sure if you could get into trouble by posting data on behalf of a real user to a third party system.

Additionally, it's worth noting that these would NOT be 'spam' submissions. The data is real, but the way it is posted would not be by the user directly, but instead via a "ghost browser" submission. The data posted is verbatim to that of what a real user intended to post.

If you had the target site's terms for submission on your own site, should that suffice?

Is using a bot to post data to a system that doesn't have an API (via a "Ghost Browser" such as Selenium) illegal?


I'm thinking of:

* BJ's Wholesale
* Sams Club
* Costco

Does a member/club relationship legally confer some business advantages?

Is it true that that they are not public access stores, because you must be a current member and you have to show credentials at the entry point?

Could a club deny particular services (even to a member) that an ordinary business may not?

US: What is the purpose of "club" in retail outlets


I would like to know if it is legal to use the sounds of Google Translator to use them on my own website?

For example, when you go to:
<https://translate.google.com/#en/es/computer>

And you click on the speaker icon, you get back a sound for the word: "computer".

Is any problem with Google copyrights?

Thanks!

Is it legal to use the sounds of Google Translator to use them on my own website?


I am currently studying for an exam in intellectual property rights and read that the *Paris Convention for the Protection of Industrial Property* is a umbrella agreement, whereas agreements such as PCT (*Patent Cooperation Treaty*) or MMA (*Madrid system for the international registration of marks*) are special agreements (within the umbrella).

Therefore I wonder if **membership in the *Paris Convention for the Protection of Industrial Property* is a requirement for any of the before mentioned special agreements and if not why**?

Special agreements are mentioned in [Art. 19 of the Paris Convention](http://www.wipo.int/wipolex/en/treaties/text.jsp?file_id=288514#P361_57002).

Is membership in the Paris Convention for the Protection of Industrial Property required for other special agreements such as PCT?


Two years ago a groomer killed my dog then lied and said he had a heart attack but, when a tv reporter confront her with Sparky's Necropsy she confessed to her lie. Sparky's cause of death was suffocation with red marks around his neck. Last year I filed an unlimited Civil Lawsuit in the Superior Court a year ago, representing myself. The defendant also was representing herself until last week when I got a notice from the lawyer she has hired plus a stack of questions (interrogatory), most are personal questions such as, list of every school I have attended or how much money I was making at the time of the incident? Since I am the Plaintiff, do I need to answer these type of questions? To me, these type of questions, are not relevant to my case.

Animal Right Case


So I made the mistake of co-signing for someone that isn’t making payments or even attempting to make payments. The car is registered to both of us, so I was thinking, what if I get them to pick me up and then when they get out, I jump in the driver seat and leave? Would that be illegal? I don’t know what else to do. They won’t give me the car back so I can make the payments myself, and I’m sure not going to pay it while they keep it.

Can I steal a car back that’s registered to me?


I am working on a mobile application. It uses a third-party service (let's call it *XYZ*) which in its ToS has stated

>
> Use the *XYZ* Platform to develop and distribute non-commercial
>  Streaming SDAs that comply with the Branding Guidelines (i) for
>  private personal use (ii) on Approved Devices (iii) by *XYZ* users who
>  are subscribed to the Premium Service (as defined in The *XYZ* Terms
>  and Conditions of Use).
>
>
>

My use case falls under the definition of *Streaming SDA*

Now, my application will be free to download and use the features that said service offers, without any restrictions whatsoever, but I want to include the in-app purchase which unlocks some other features in my app, mostly related to the interface and some minor features.

**The locked features have nothing to do with the third party service**, so if I understand correctly I do not profit from using the service in my app. The in-app purchase is entirely optional for users, they are not forced to buy it in any way and the free version of the app is perfectly usable.

Does this fall under the "Commercial usage" definition?


Been thinking about this for a while: Suppose a company is hacked and maybe a lot of customer **sensitive or financial data** is stolen by the hackers. Who is legally liable for any damages?

* Is it the Company itself,
* The software developers in case they had some sort of security software they where using and it did not play its role,
* Or the customers for not being careful with their private information.

Who is liable in case of a cybersecurity breach?


Many of my friends have social media accounts (Instagram, Facebook, etc.) where they regularly post photos of them and where occasionally I appear in them.

Many of my friends have their personal assistance in their phones that is constantly hearing what happens in the vicinity of the phone. Sometimes, since they are my friends, these apps record my voice and process it.

I never consented to these companies to process and store my data, only my friends allowed it. However there is little doubt that these companies also have all these information about me, my facial expression, my voice signature, and many other personal information.

I have two questions:
Is this permissible under EU private data law?
Can I sue these companies for illegally storing so much information about me?

How can I prevent that such companies have so much information about me?

Under GDPR EU law, can I sue big tech companies (Facebook, Google, Apple) for acquiring and storing my personal data without my consent?


Various online resources claim that **if you register a company in another state while living in California, then under California law, you have to also register the company in California as a "foreign" entity**, thus making the whole process cost twice as much and requiring you to pay twice as much in taxes, essentially making the whole approach useless.

Is this true or false? Reliable government sources would be much appreciated, but I'll take any insight at this point, just to have some foundation for further research.

Do companies formed in other states require a separate registration in California?


There's a videogame called The World Is Yours.

Is that copyrighted? can I use it in my game I'm making? (not in the title).

Not giving much information about my game, it will be about finding pieces of a code and when the pieces are collected the code is "The World is Yours"

Also, is there any way I can check if something is copyrighted?

Is "The World is Yours" copyrighted?


Google is indexing other people's websites across the planet. To some extents, the images on Google images search are also taken from websites contents. And all of that happens without owner's consent or any sort of agreement. (I saw some of my website content on google search image). So my questions is:

1. To which extent someone can use other people's web content?
2. What rules are regulating search engines?

Is Google legal?


According to [EUVATACTION Key Facts](http://euvataction.org/key-facts/) the business is among other things required to:

1. store personal data securely for 10+ years
2. calculate taxes for every EU country
3. based on client's location as determined by 2 distinct and non-contradictory pieces of evidence

Points 1 and 2 mean that a small/micro business can not do this alone. Period.

Thankfully, there are services like [Taxamo](https://www.taxamo.com/) which claim to be able to do it for you, but:

1. nobody really knows what the exact EU VAT rates are for every country, region, time of year, product, ... There is no central EU authority at the moment which supplies "official" information on EU level and Taxamo and others don't have a crystal ball that the EC doesn't have
2. the technical aspects of the integration enable you to get the transaction counts "99.9% right"
3. simply knowing a [tax rate](https://vatinfo.eu/) doesn't really help you apply the tax rate all the time - in Croatia for example you need to pay the tax when you issue the invoice, not when funds get billed to your account, for example
4. you are liable, not the service provider, if something is calculated badly
5. in some EU countries like Croatia your business will get a huge fine if it's just 2-3 euros off

***So... Here's the little chain question*** :)

1. is there any way to comply with these rules 100%?
2. if not, how much bad stuff can happen if you don't comply with the regulation 100%? But 99.9% for example :D (simply because of technical limitations some transactions will not be presented or calculated properly) Does the bad stuff depend on your country, the country of the buyer or combination of both?
3. if the bad stuff is bad, and if there's no way of complying technically are there ways for a subscription based service selling an online service (using recurring credit card charges) to avoid being subject to this VAT scheme? (i.e. presenting the product in a different way or restricting yourself just to B2B transactions)
4. if there's no way to avoid the VAT scheme does it make sense to open a company outside of the EU to handle payments if the said country does not acknowledge jurisdiction of EU law over its businesses, and
5. if so, where? :) Or in short :D What would Google do? :D

Micro businesses in EU selling electronic goods, how to comply with EU VAT regulations?


I would like to make a request to the search engines to remove personal information based on the ground of being stalked and that putting personal information can lead to more stalking. Is there any court cases regarding this issue?

Removing personal information from Google when being cyberstalked


I would like to read civil litigants constitutional challenges. Where would such filings be filed?

I have read several appeal court and supreme court opinions on constitutional challenges on google scholar BUT where are the actual litigants filings filed?

I have done a PACER search for the cases found on google and the docket for those cases do not show anything that can be construed as a constitutional challenge in that case docket. I have looked at 3 appeal court dockets which had an opinion on a party's constitutional challenge BUT there is no entry of anything that resembles a constitutional challenge filed in that appeal docket either.

legal research question


Assume that someone creates a glossary with one word definitions extracted from a bilingual dictionary with multiple word definitions, choosing only one word to define every word in the other language. could that glossary be published without copyright infringement?

Can one publish a glossary created using a bilingual dictionary without copyright infringement?


Mainly I'm interested in getting to know my ancestry, but I don't mind doing a lot of research on my own to classify it if I get raw results.

The thing that I do not want is my DNA being stored somewhere, or something associated with my name in any way stored anywhere. Is there a way to avoid that and just get the only copy of the results while being sure that the DNA sample wasn't kept as well?

I'm in Europe if that matters, but I've read you can usually send in samples. I can't afford something very expensive, but I am able to pay something (obviously, otherwise I wouldn't be posting about it).

How can I get my DNA tested without the results being kept by third-party?


Hypothetically, what legal standing would an individual who does not own a Volkswagen car have to sue Volkswagen for damage to health?

As someone who suffers from respiratory issues, it seems that Volkswagen has likely contributed to the decline in my health in some way by having its cars emit 40x the legal limit of some pollutants known to damage human health.

What laws cover this kind of injury and is there any precedence in UK law, e.g. for injury from other passive sources such as tobacco smoking or environmental damage?

Can I sue Volkswagen for damage to my health?


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

Is work E derivative work?

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

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


In this Trust document can you explain the meaning of " notwithstanding"?

I believe the Trustees feel it means in spite of. My interpretation is that it means with exception of.

Here's how it's written,

On page 29 of the 5th Amendment, the definition of education is outlined for the Education Trust. It is:

3. Definition of "Education." Notwithstanding subparagraph 5(b) of Article Twenty of this agreement, as used in this Article only, the term "education" shall mean only undergraduate and graduate study leading to a degree, in any and all fields whatsoever, whether of a professional character or otherwise, at an accredited university, college, or other institution of higher learning, whether public or private. The activities described in this paragraph may be carried on either in the United States or elsewhere. In determining payments to be made for all such education, the Trustee shall take into account and may pay for the beneficiary's reasonable costs of tuition, room, board (whether or not charged by an educational institution at which such individual shall be a student), books, laboratory or other equipment or tools (including computer hardware and software), fees, travel to and from school, transportation and charges for tutoring.

Thank you so much for any input and observations.

What is the meaning of notwithstanding in this context?


Scenario:
I purchase a device (Chinese IP camera) from an online retailer (Amazon) that has a number of security vulnerabilities.

The firmware file is publicly accessible from the OEM's website and is basically a file system image that can be extracted. The webpages could potentially be modified to fix the issue.

From a legal perspective:

1. Can I modify the webpage and upload it to my device?
2. What about if a free tool was created to perform this modification on the firmware file that the user must first download from the OEM's site (not distributing the firmware with the tool)?
3. What if that tool was monetised/commercialised in some way?

**Physical example**

* I purchase a pen.
* I modify the pen to better suit my needs.
* I then give it away as a free sample.
* I buy more pens, modify and then sell them.

The product was not copied at any point, just altered.

I realise that it is very difficult to never create a copy of the software as even loading it into memory creates a copy.

In this particular example no license was contained in the packaging, on the retailer's site (contract formed through purchase) and there was no license agreement displayed on the device when using the inbuilt website.

Country in question is England, but interested in any country.

Modify firmware on purchased device to improve security


Why does Russia require international companies to keep user data on servers within the country?

Why does Russia require international companies to store their data on servers in country?


[I scanned both pages](https://i.stack.imgur.com/opNrB.jpg). Mindy Chen-Wishart. [*Contract Law* (2018 6 edn)](https://www.amazon.co.uk/Contract-Law-Mindy-Chen-Wishart/dp/0198806353/ref=dp_ob_title_bk). p 538.

>
> 5. Paradoxically, *Wrotham Park* damages protect the claimant’s performance interest by
>  enforcing a sale of the claimant’s right.
>
>
>

1. How do "*Wrotham Park* damages protect the claimant’s performance interest by
enforcing a sale of the claimant’s right"?
2. Why's this paradoxical?

[*Anson's Law of Contract* (2016 30 ed)](https://www.amazon.co.uk/Ansons-Law-Contract-Jack-Beatson/dp/0198734786/ref=pd_lpo_sbs_14_t_0?_encoding=UTF8&psc=1&refRID=ZW82SGPZDB8D0GKSVMV4).

>
>       Having said that, one can perhaps defend the view that the damages in *Wrotham
>  Park* were compensatory on the basis that it was the loss of the opportunity to sell
>  the right in the future that was being compensated; or that the claimant was being
>  compensated for a non- pecuniary loss (ie the claimant valued the right so much— to
>  protect the views over that land— that it would not have been willing to sell it).78
>
>
> 78See above pp 566– 8.
>
>
>

Why's it paradoxical that Wrotham Park damages protect the claimant’s performance interest by enforcing a sale of the claimant’s right?


I am thinking about a trading name but it seems that it is a registered trademark in the UK for the following classes:

* Class 9: Computer software and computer programs for use as web service components of grid computing architecture and the aforesaid goods supplied from the Internet or from an on-line database; electronic downloadable publications relating to the aforesaid goods provided on-line from a computer database or the Internet.
* Class 16: Printed matter; printed publications; paper articles being in the form of reports and manuals; books; periodicals; journals; magazines; manuals; newsletters; instructional and teaching materials (other than apparatus); all the aforesaid relating to computing, computer programming and computer architecture.
* Class 41: Provision of educational, instructional and teaching courses; education and instruction courses provided from a computer network or the Internet; provision of training workshops; conducting, organising and arranging conferences, seminars and exhibitions; library services; provision of education services relating to computer software education provided from a database, computer network or via the Internet; production and rental of instructional materials; providing on-line electronic publications (not downloadable); publication of texts, books, pamphlets, magazines and of electronic books and journals on-line; provision of information, consultancy and advisory services relating to any of the aforesaid services.
* Class 42: Research and development services; technical research; technical research and development services in the fields of computing and computer programming, information and knowledge systems; consultancy and research services in the fields of computing; leasing of access time to computer systems; information services relating to computers, computer programming and computer software; provision of websites relating to any of the aforesaid services; information provided on-line from a computer database or from the Internet relating to any of the aforesaid services; computer programming and computer software services; information, consultancy and advisory services relating to any of the aforesaid services.

My company would only do telecommunications (class 38) and not fall into the aforementioned classes from the other trademark.

Can I register the trademark for my specific class and use it?

Also, while we wouldn't sell the services to the general public, we would obviously do software development in-house for our service, thus clashing with class 9 and possibly class 42. Same with our advertising, which could clash with class 16. Are any of those problematic?

Furthermore, the trademark seems to be registered by an university, and a search on Google yields little relevant results, with only abstract promotional material about some research (which makes little sense as to what actual product they are planning to sell, if any) but no clear product. No official web presence either, only a .org domain that doesn't seem to lead to any active server.

Regards.

Could I register a trademark already registered for other classes?


Consider the following situation: a Contractor is working at a Company on a job. Company Employee 1 requests that the Contractor attend a meeting. However, the Contractor is later requested to leave the meeting by a different Company Employee 2 (for example, to avoid the possibility of revealing confidential information to the Contractor). The Contractor states to Company Employee 2 that Company Employee 1 has requested their attendance of the meeting.

Does Company Employee 2 have legal authority to remove the Contractor from the premises (either by own force or by contacting the authorities) if Contractor refuses their request?

* Assuming Company Employee 1 outranks Company Employee 2 within Company, would the Contractor be within their legal rights to remain on the premises and refuse Company Employee 2's request? (possibly even to avoid breach of contract if attending to the meeting was *required* and not merely requested)
* Assuming Company Employee 2 outranks Company Employee 1 within Company, would the Contractor be legally required to leave the premises at Company Employee 2's request? (and would this result in breach of contract if attending the meeting was required?)
* Assuming Company Employee 1 & 2 have the same authority within Company, whose instruction takes precedence? Is it whichever was given later?

The specific jurisdiction of interest is California. The Contractor was aware of Company Employee 1's position as a low level manager within the Company at the time of the request to join the meeting. The Contractor is not aware of Company Employee 2's position within Company at the time of the request to leave the premises.

In summary: whose authority (1 or 2) is Contractor bound to obey?

In the event of conflicting instruction given by an agent of a company, whose authority is greater?


Apparently, a new [coronavirus related paid family leave law](https://www.nytimes.com/2020/03/19/upshot/coronavirus-paid-leave-guide.html) takes effect on 04/01/2020. I understand that, among commercial companies, it applies only to those under 500 employees (because, of course, companies that can afford lobbying cannot be burdened, but that's unrelated to the question.) The questions I have regarding that law:

1) Does the new extended leave law apply to federal employees? More specifically, my wife works for Veterans' Affairs, and we'd like to figure out whether she qualifies. On one hand, VA has more than 500 employees, but on the other hand, VA is not a commercial company, and I don't see in the reports specifics regarding the government employees.

2) Would a mother of small children qualify for paid family leave to watch them while the schools are closed? This has become quite an issue as soon as the schools closed for the year.

Does the "Family First Coronavirus Response Act" cover federal employees?


Let's say **X** develops an app that tracks injuries of players who play in the NFL...

Questions
=========

>
> 1. Can **X** legally name the app ***NFL Injury Tracker***? (...without infringing on any trademarks, etc.?)
> 2. What restrictions would there be on **X**'s use of the NFL logo in the app's marketing materials?
> 3. What if **X** uses a logo slightly resembling the NFL logo but is not the same as the NFL logo?
>
>
>

[![NFL Logo](https://i.stack.imgur.com/DckUb.jpg)](https://i.stack.imgur.com/DckUb.jpg)

[![Possible app logo (to be adapted)](https://i.stack.imgur.com/VDC07.jpg)](https://i.stack.imgur.com/VDC07.jpg)

Use of logo, trademark and brand


Is it legal for an internet service provider (ISP) to stop servicing customers without any warning while the ISP performs maintenance that was planned at least 12 hours in advance?

If not legal, could the damages be tied at all to the customer activity being performed online at the time?

Is is legal for an ISP to perform planned maintenance that causes an outage without warning?


If an amateur filmmaker wants to use a short clip of a popular song, sung (covered) by a singer other than the one who wrote and popularized it, what permissions, if any, are needed?

I want to use a cover of a song by Alicia Keys and want to know if anyone here can help me figure it out


I'm exploring the world of Creative Commons, a very familiar feature on Wikipedia. Consider the following note:

>
> Share Alike—If you alter, transform, or build upon this work, you may
>  distribute the resulting work only under the same, similar or a
>  compatible license.
>
>
>

I'm trying to understand the limits of this provision.

For example, let's say I find a picture of a bear that I like. However, I don't like the background, so I use photoshop to alter the background. I may be required to include a notice that I altered the image, which is still technically in the Creative Commons domain.

But suppose I create a map illustrated with a variety of images, including the Photoshopped bear. I assume I would be required to include a notice that the bear is an altered Creative Commons image. But would that image effectively pull the entire map into Creative Commons status?

If I write an ebook that contains a variety of images and text in the Creative Commons domain, would I risk losing ownership of my entire book?

Scope of Creative Commons "Ownership"


I can search Google for images that I can commercially reuse without modification with the search tools. However, I don't know what "modification" counts as.

I want to display four images on one slide, meaning that one side of the image will be cropped. Is this modification (i.e. not showing the whole image).

No modification is shorthand for "no derivative works", as in the Creative commons "No derivatives" license I think.

Does cropping an image fall under modification?


*A Dictionary of Law* (9 ed. 2018). Edited by Jonathan Law.
[Quantum](https://www.oxfordreference.com/view/10.1093/acref/9780198802525.001.0001/acref-9780198802525-e-3181?rskey=KW3ZdB&result=1)

>
> quantum *n.* (of damages)
> =========================
>
>
> The amount of money awarded by way of damages.
>
>
>

[Damages](https://www.oxfordreference.com/view/10.1093/acref/9780198802525.001.0001/acref-9780198802525-e-1006)

>
> damages *pl. n.*
> ================
>
>
> A sum of money awarded by a court as compensation for a tort or a breach of contract. Damages are usually a [lump-sum award](https://www.oxfordreference.com/view/10.1093/acref/9780198802525.001.0001/acref-9780198802525-e-2351#) (see also [provisional damages](https://www.oxfordreference.com/view/10.1093/acref/9780198802525.001.0001/acref-9780198802525-e-3122#)). The general principle is that the claimant is entitled to full compensation (***restitutio in integrum***) for his losses. **Substantial damages** are given when actual damage has been caused, but **nominal damages** may be given for breach of contract and for some torts (such as trespass) in which no damage has been caused, in order to vindicate the claimant’s rights. Damages may be [aggravated](https://www.oxfordreference.com/view/10.1093/acref/9780198802525.001.0001/acref-9780198802525-e-149#) by the circumstances of the wrong. In exceptional cases in tort (but never in contract) [exemplary damages](https://www.oxfordreference.com/view/10.1093/acref/9780198802525.001.0001/acref-9780198802525-e-1474#) may be given to punish the defendant’s wrongdoing. Damages may be classified as unliquidated or liquidated. **Liquidated damages** are a sum fixed in advance by the parties to a contract as the amount to be paid in the event of a breach. They are recoverable provided that the sum fixed was a fair pre-estimate of the likely consequences of a breach, but not if they were imposed as a [penalty](https://www.oxfordreference.com/view/10.1093/acref/9780198802525.001.0001/acref-9780198802525-e-2829#). **Unliquidated damages** are damages the amount of which is fixed by the court. Damages may also be classified as [general and special damages](https://www.oxfordreference.com/view/10.1093/acref/9780198802525.001.0001/acref-9780198802525-e-1671#).
>
>
>

I'll cite some uses of 'quantum'. [*Anson's Law of Contract* (2016 30 ed)](https://www.amazon.co.uk/Ansons-Law-Contract-Jack-Beatson/dp/0198734786/ref=pd_lpo_sbs_14_t_0?_encoding=UTF8&psc=1&refRID=ZW82SGPZDB8D0GKSVMV4) p 432.

>
>       Where the covenantee has a legitimate interest which it is entitled to protect, the
>  restriction must not be longer in point of time, or wider in area, or otherwise be
>  more extensive in scope than is necessary to protect that interest. The answer to this
>  question in any individual case, however, must necessarily depend upon the interest
>  to be protected, the nature of the contract and the relative positions of the contracting
>  parties.159
>
>        The **quantum** of the consideration which the covenantor has received in exchange
>  for the restraint is relevant to the determination of the reasonableness of the contract.160
>
>
>

[*Contract Law: Text, Cases, and Materials* (2018 8 ed)](https://www.amazon.co.uk/Contract-Law-Text-Cases-Materials/dp/019880816X/ref=dp_ob_title_bk). p 242.

>
> Gardner has put
>  forward the following ((1999) 115 LQR 438, 452) as a possible hypothesis for the remedial
>  regime for proprietary estoppel:
>
>
>
> >
> > The approach is
> >  – to vindicate the plaintiff’s expectations (care being taken to achieve the best match between
> >  the details of the plaintiff’s expectations and the possible legal responses);
> >
> >  – to vindicate those expectations in specie if practicable, but otherwise in a monetary
> >  form; but
> >
> >
> > – to resort to some other **quantum**, not more generous than the expectation measure, if it is
> >  impracticable to give relief in the expectation measure; and
> >
> >  – to resort to some other **quantum**, with no ceiling at the expectation measure, in the presence
> >  of another factor from a limited range recognised as meriting a departure from expectation
> >  relief.
> >
> >
> >
>
>
>

p 608. Hoffmann LJ in W*illiam
Sindall plc v. Cambridgeshire County Council* [1994] 1 WLR 1016.

>
> Damages under section 2(2) are therefore damages for the misrepresentation as such.
>  What would be the measure of such damages? This court is not directly concerned with
>  **quantum**, which would be determined at an inquiry.
>
>
>

pp 727-728. Robert Goff J.

>
> In other cases, however, the actual benefit to the defendant may be considerably more than the appropriate or just sum to be awarded to the plaintiff, in which event the value
>  of the benefit will not in fact determine the **quantum** of the award. I should add, however,
>  that, in a case of prospecting, it would usually be wrong to identify the discovered mineral
>  as the benefit.
>
>
>

p. 817. Lord Lloyd in *Ruxley Electronics and Construction Ltd v. Forsyth*
[1996] AC 344.

>
> Mr Forsyth was, I think, lucky
>  to have obtained so large an award for his disappointed expectations. But as there was no
>  criticism from any quarter as to the **quantum** of the award as distinct from the underlying principle,
>  it would not be right for your Lordships to interfere with the judge’s figure.
>
>
>

Differences between Damages and Quantum


We are thinking on product name for our niche software product targeting users of big corporation technology with "PRODUCT™" name (sorry it is obfuscated for now).
As we don't compete with this company PRODUCT™ (the corporation has similar software to ours but free of charge (there are other solutions as well) and, it seem for the past 4 years, it is not very interested in developing this software; the main corporation service is far-far away from what we are doing as well). Our software makes the work with big corporation PRODUCT™ easier and more enjoying. Actually it is "the Builder tool for the Product" or "Product Builder tool" which is quite standard designation for such software. So one of the best strategy in terms of recognizability and SEO could be to name our software ProductBuilder or something like that.

In addition it seems like the big corporation cannot register PRODUCT™ as trade mark because another great company in almost the same market has acquired several years ago Product Ltd. and use its name ("Product") for its "Professional Duct" technology. Ok, they are both about software and services :)

The third aspect to consider "PRODUCT™" is a common english noun.

So the question is what strategy to choose and how safe they could be:

* Use ProductBuilder name?
* Register ProductBuilder domain and use it for SEO but choose different name for the product?

**Update:**
After @jqning comment. There is legion of the products named the same way. For example some huge fraction of Microsoft Word related utilities (and competing products) have "Word" inside their name (Atlantis Word Processor, Easy PDF to Word Converter, Avery Wizard for Microsoft Office Word 2003, Free Word Excel and Password Recovery Wizard, Recovery for Word and many many more just made a search on cnet). The same is true for Excel or Acrobat and Flash and many other products.

Is it safe for a start-up to use ProductName derived from big corporation Product™ name?


I live in CA and I was sexually assaulted by my sister father around 1985 or 1986.

I went to the police and made a report regarding my sister father sexually assaulting me without using a condom I was around 11 or 12 years this was around 1985 or 1986. He wouldn't allow me to go to the police or a doctor I was a little girl and I was afraid of him and to speak out. I went to the police and they say the statute of limitations is up and it's too late. How could I file if I did not know?

Why is RKelly being sent to Prison and not my case?


I'm a passionate citizen with an idea to stop the ill conceived CA highspeed rail act. I submitted the initiative to the CA Secretary of State but it was rejected because it's not actually a law - it needs to be written as a law. Submission here:
<http://casmarthighway.tumblr.com/post/127581066937/official-submission-to-the-ca-attorney-general>

OK, I get that. But now I need to make it a law. Does anyone know about how much legal time that would take? How much money I would need to raise from supporters/crowdsource? Would anyone on this site with some expertise in public policy want to help with the project?

Crowdfunding citizen legislation?


If a song is out of copyright, but has been re-scored for a movie, can it be used in an amateur video? I have searched multiple websites for a copyright of this particular score and cannot find one.

Copyright for re-scored tune that was out of copyright


It seems like everyone does it. I've never heard of a paid moderator (though I'm sure they probably exist). From what I've gathered, however, it sounds like having any kind of volunteers is illegal for any for-profit business in the US, based on FLSA regulations. Is this true, or am I reading it wrong? Would this also apply to other types of volunteers (such as someone who wants to help code the website)?

Is it legal to have unpaid volunteer moderators (or other types of volunteers) on a for-profit community website?


Me and my team of developers are about to finish a turn based game based on an existing franchise.

We are deciding between Dragon Ball or League of Legends. We are using their intellecual property.

We are from Mexico and have no plans on charging for the game or any of its content, its gonna be free for everyone.

We are planing on "gifting" a different design on the users interface that affects in no way the gameplay to the users that donate us a scpecific amount of money.

What are our posibilities here? how much can we get away with? Is there any advantage on us being on México? Is there any advantage on picking any either Dragon Ball or League of legends because of the country they are in? Can they stop us from doing it?

This is hypothetical, how easy is it to abuse the current sistem in this scenario?

Using Intellectual property to develop software and making money off of it


Hypothetical Question: Do I have the right (copyright) over the code I write in my Computer Science class and thus all rights that come along with having something copyrighted?

I was wondering if I have copyright over the code that I write for my class as I am a paid programmer I would not like for any of my code to be stored on the instructor's "secure" server. And if they refused to do so, could I send a cease and desist to have it removed?

Edit: Yes I know this is a bit extreme, but I just want to know if I have copyright over it through intellectual property or some other way.

Do I have copyright over the code I write in my Computer Science class


I plan to create a video to promote my idea for an app. Quite similar to how Google's Pokemon Challenge Video turned into Pokemon Go. I would like people to see how my app would look like and how it can be used when it is finished. I guess I am a little paranoid on people actually copying my idea. Do I have to get a copyright for my idea or can I do something else?

How do I promote my idea using a video without the risk of it being copied?


In the first-instance judgment [[1892] 2 Q.B. 484](https://uk.westlaw.com/Document/I82727E91E42711DA8FC2A0F0355337E9/View/FullText.html?skipAnonymous=true), Hawkins J wrote "The facts not being in dispute." But how could've *Carbolic Smoke Ball Co* trusted Ms Carlill's proper use? Perhaps she misused it, or lied about using it at all after buying it!

Mindy Chen-Wishart. [*Contract Law* (2018 6 edn)](https://www.amazon.co.uk/Contract-Law-Mindy-Chen-Wishart/dp/0198806353/ref=dp_ob_title_bk). p. 60.

>
> An advertisement may also, exceptionally, be treated as an offer rather than an
>  invitation to treat. In *Carlill v Carbolic Smoke Ball Co* (1893), the manufacturer
>  advertised the ‘carbolic smoke ball’ and offered to pay £100 to anyone catching
>  influenza after using it in the specified manner, adding that £1,000 had been
>  deposited in the bank to show their ‘sincerity in the matter’. C successfully sued
>  for £100 when she caught influenza after proper use of the smoke ball. The court
>  rejected the manufacturer’s claim that the advertisement was too vague and not
>  seriously made. The Court held that: (i) the advertisement was an offer to the
>  whole world; and (ii) a unilateral contract (see 2.3.6) was made with those who
>  met the condition ‘on the faith of the advertisement’.
>
>
>

Ewan McKendrick. [*Contract Law: Text, Cases, and Materials* (2018 8 ed)](https://www.amazon.co.uk/Contract-Law-Text-Cases-Materials/dp/019880816X/ref=dp_ob_title_bk). p 55.

>
> The defendants advertised their medicinal product, the now infamous ‘carbolic smoke ball’,
>  in various newspapers in the following terms:
>
>
>
> >
> > ‘100l. reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the
> >  increasing epidemic influenza, colds, or any disease caused by taking cold, after having used the
> >  ball three times daily for two weeks according to the printed directions supplied with each ball.
> >  1000l. is deposited with the Alliance Bank, Regent Street, shewing our sincerity in the matter.
> >  During the last epidemic of influenza many thousand carbolic smoke balls were sold as
> >  preventives against this disease, and in no ascertained case was the disease contracted by
> >  those using the carbolic smoke ball.
> >  One carbolic smoke ball will last a family several months, making it the cheapest remedy in
> >  the world at the price, 10s., post free. The ball can be refilled at a cost of 5s. Address, Carbolic
> >  Smoke Ball Company, 27, Princes Street, Hanover Square, London.’
> >
> >
> >
>
>
> The plaintiff, in reliance upon this advertisement, purchased and used the product as directed
>  but subsequently caught influenza. She sued for payment of the £100 and succeeded before
>  Hawkins J. The defendants appealed to the Court of Appeal but the appeal was dismissed. It
>  was held that the terms of the advertisement constituted an offer, the terms of which were
>  accepted by the plaintiff with the result that she was entitled to recover the promised £100.
>
>
> Bowen LJ [I skip the judgment extract.]
> ---------------------------------------
>
>
> ...
>
>
>

Why didn't Carbolic Smoke Ball Co dispute Ms Carlill's alleged proper use of their smoke ball?


I have started participating in Amazon Association program. Now, this program uses cookies while users visit my blog site. My web site as such is not using any cookies. Still some cookies are presented to the user while they are visiting my website. So, Do I need to include Policy on Cookies? If Yes, what content shall I need to provide?

I did read the [Associates Program Operating Agreement](https://affiliate-program.amazon.in/help/operating/agreement) it is not explicitly stating about this scenario. It states following thing in its **Section-8**

>
> You must, however, clearly state the following on your site: “[Insert
>  your name] is a participant in the Amazon Associates Program, an
>  affiliate advertising program designed to provide a means for sites to
>  earn advertising fees by advertising and linking to amazon.in.”
>
>
>

But, nothing clear on cookies.

Now, If i write in my privacy policy that "MY SITE IS NOT USING ANY COOKIES", That is true but it is half true, as through advertisement cookies are used, and if I need to write about this, how I will be make sure that these cookies are not collecting any personal information?

Do I need to mention policies on cookies if my site is using Amazon associates program?


So, say someone commits murder in state A, then flees to state B. State A requests the extradition of the murderer.

Does state B, in lack of any treaties governing the subject, by the power of customary international law owe any obligation to state A to extradite the murderer? Can they deny it? Can they just omit the extradition and not do anything?

Is the extradition of a person a discretional choice of a state?


Similar questions have been asked before but I still could not find answers that made me understand it.
I created a website and would like to know which laws affect me. The website does not have any ads and I do not sell any data in fact the entire thing is open source and free to use for everybody but I have the feeling that this does not matter at all.

The website is some kind of "proof of concept" and I made it to demonstrate some new techniques. To do so I used some images and Gifs which may be under copyright but since I don't earn money for myself and there is no company backing me I was hoping that there is some protection for private persons like me who just want to showcase the project.

I am also insecure about the GDPR regulations since I give users the ability to create an account and try it out.

Is there any way to protect me against greedy lawyers and companies? Could I write something like: "This website is a peace of art" and save myself with arguments like "artistic freedom" or "free speech"?

Private Website and copyright/GDPR


The 1st contract was signed by both parties but the services were misrepresented to Party A. This made the contract void. Party A attempted to back out of the contract, but Party B amended the contract and Party A signed the amended contract. Both parties received consideration in the amended contract. Is the amended contract, that is based on the first voided contract, valid and enforceable?

If it is valid and enforceable:
What if Party A felt pressured (due to financial reasons/limitations) to sign the amended contact? Is it enforceable?

Can a voided contract be amended?


When I was promoted, I was given a significant sign-on bonus, but was made to sign a document that said if I left within 12 months, I would have to pay back the gross amount in around two weeks.

I want to say I was made to sign it under unfair circumstances and come to an agreement with my employer.

Is there any reasonable claim to duress, coercion or a similar description that applies to this situation?

Is it duress if you feel you are forced to sign a contract by an employer?


[This recent question](https://law.stackexchange.com/questions/31484/how-to-interpret-this-paragraph-from-an-mnda-in-context-with-ohio-law) asks the meaning of the following clause in a Mutual Non-Disclose Agreement (MNDA):

>
> The Parties agree that the disclosing Party will suffer irreparable injury if its Confidential Information is made public, released to a third party, or otherwise disclosed in breach of this Agreement and that the disclosing Party shall be entitled to obtain injunctive relief against a threatened breach or continuation of any such breach and, in the event of such breach, an award of actual and exemplary damages from any court of competent jurisdiction.
>
>
>

Now, my doubt is what would happen to the MNDA if that clause (and any other else to the same effect) were not in the agreement. It seems to me that "if you breach the contract we may sue you" is pretty much a given for any contract1.

Does this clause have any actual **legal** effect?

Here I use the "legal" term in a narrow meaning (if the matter goes to court, will it make it a difference the presence of absence of the clause?); I guess that there could be some practical reasons for the clause, like:

* if the opposing party is not legally savvy, it serves to remind it that breaching the contract can have penalties.
* if the customer notices the absence (for example comparing the agreement with some other agreement), s/he may think that his/her lawyer "forgot" to include it.
* it does no harm, so there is no actual reason to make an effort to remove it.
* (feel free to tell me of other non-legal motives for the clause).

If jurisdiction is relevant, let's go with that of the original question (Ohio), although it would be nice to know if I could expect a similar situation elsewhere or if it is dependant on the jurisdiction.

---

1I know that there may be arbitration clauses forcing the parts to submit to a different conflict resolution mechanism; let's just assume the contract does not not have any.

Are "If you breach this disclosure agreement we may sue you" clauses *legally* necessary?


I create those pictures that refer to famous paintings and I want to use them in Facebook Ads. Can I do it without copyrighting issues.
Pict1: <http://www.hostingpics.net/viewer.php?id=514994ScreenShot20160609at73924PM.png>
Pict2: <http://www.hostingpics.net/viewer.php?id=638606ScreenShot20160609at73910PM.png>

Thank you for your answers,
Cheers,
Gautier.

Can I create an Ads using those pictures without copyright issues?


I understand that a contract can be created by the actions undertook by the involved parties. When you visit a website you agree to the ToS by using the website (regardless if you read it or not). Related to my [previous question](https://law.stackexchange.com/questions/50775/can-an-employer-charge-employee-contractor-a-processing-fee-for-payment?noredirect=1) I had an employer deduct a small fee to process my payment, they argued that they were allowed to because it stated they would on the website I had to use for the job. Does this even form a contract?

Another example, I went to a library and started using a computer. The librarian came up to me and pointed out a sign saying I had to pay before using the computer (which is uncommon where I live). Is there a contract formed by just having a sign? Hypothetically could the library sue me for not paying?

Further, if there was a sign on the door to a private building saying you have to pay $20 to enter, if you didn't read the sign and entered, could the owner demand $20 from you?

Can reading a something mean agree to to a contract?


Would a holocaust in the us that killed six million jews be legal as long as it was justified using existing legislation such as national security? Would any attempt to change these laws afterwards to convict the holocausters be an ex post facto?

Would something like the holocaust be legal today


When going on the [openssl](https://www.openssl.org/) it clearly states that openssl is subject to export restriction because it uses strong encryption.

Looking at the [libsodium](https://download.libsodium.org/doc/) page I cannot find anything like this.

Why? Are the restriction different for libsodium or did they just not mention it?

openssl and libsodium export restrictions


Recently, a law firm representing Oracle demanded that Apple [take down an app with the word "JavaScript" in its name from Apple's App store](https://www.reddit.com/r/javascript/comments/8d0bg2/oracle_owns_javascript_so_apple_is_taking_down_my/), as Oracle owns the trademark for the word "JavaScript". Their claim was that "People seeing this app would probably think it was developed or licensed by Oracle"

According to [Wikipedia's article on trademarks, section "Maintaining rights"](https://en.wikipedia.org/wiki/Trademark#Maintaining_rights):

>
> Trademarks rights must be maintained through actual lawful use of the trademark. These rights will cease if a mark is not actively used for a period of time, normally 5 years in most jurisdictions
>
>
>

Exactly what does "actual lawful use of the trademark" mean, and how much is necessary?

If I ask 1000 JavaScript developers (not random people, who would just say "Ja-what?") what company they associate with JavaScript, I doubt even one percent would say Oracle. Compare this to asking 1000 random people what company they associate with Windows, where I guess a very large percentage would say "Microsoft". Microsoft has clearly maintained their trademark, while Oracle has strongly neglected theirs.

Oracle acquired the trademark to in 2010, when they bought Sun Microsystems. As far as I know, they have not been enforcing that trademark at all before now, approximately 8 years later, and the word "JavaScript" is very widely used, and in no practical way linked to Oracle. I strongly doubt anyone will actually think "This app is probably developed or licensed by Oracle" when seeing something with "JavaScript" in its name.

Would the law firm's claims hold up in court?

---

***A similar example from reality, not part of the question***

In Norway, the snack company Maarud had the trademark for the word "Potetgull", which was supposed to be the norwegian word for "potato chips". The word eventually over the years got that exact meaning, with people no longer associating it with Maarud, but potato chips in general. When a rivaling company, KiMs, released potato chips with the name "Potetgull". Maarud sued KiMs and lost because the word had fallen into everyday language

Can a company suddenly start to enforce a trademark after years of neglect?


*Texas v. White* is generally regarded as the case that established that US states cannot unilaterally secede. The majority opinion stated that the union between Texas and the other States could not be dissolved:

>
> . . . except through revolution or through consent of the States.
>
>
>

How is "revolution" distinguished from secession and civil war? Did Chief Justice Chase ever elaborate on this, or did any other case ever examine this detail of the ruling? Is a "revolution" simply a militarily successful secession?

What is a "revolution"?


By "my own sounds", I mean that I generated them or bought them.

Do I violate a copyright law if I reconstruct the sound effect scenario, but use only my own sounds in it?


The District Court of California recently ruled that [Warner/Chappell Music do not hold the rights to the 'Happy Birthday' song lyrics](http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=2056&context=historical).

Assuming that this is not overturned, and given that Warner/Chappell have been pursuing and collecting royalties for the song for some time - a likely reason why, on television and movies, one doesn't hear it very often - are those who paid them entitled to recover the fees that they paid for its use?

And, I suppose it goes without saying, even if they *can* sue Warner Chappell, what are their prospects of success, based on legal principles, and maybe not so much based on their prospects of succeeding against such a large corporation?

Can Warner/Chappell be sued to recover royalties paid to them for the 'Happy Birthday' song?


I want to make an Android app based on [Chanakya Niti](https://www.buffacompany.in/2020/05/chanakya-niti-in-english-read-online.html?m=1) for that I definitely need a source. I have a book for that but my confusion is that it says you can't copy the content in any form. How can any publisher claim copyright on the teachings of person who lived in India centuries ago? The confusion is that many people are saying that it's in the public domain so you can make an app, but the source books are saying you can't copy the content.

The second confusion is that a few people have said that you can't make money out of it, but the developers are already making money by monetizing their app. I want to make more money by putting it in the "in app-purchases" category, so why can't I do that?

If work done by Chanakya, like Chanakya Niti, is in the public domain, then how can some people publish and sell books?


RED.com makes digital cameras for the cinematography industry and has tradermarks for "RED".

I would like to sell a product called called "something.red". The name of the product would be the domain name, something.red, .red is a gTLD recently introduced.

The product is not a digital camera, but a video transmission system. RED.com is not in the business of making video transmission systems, but their trademark is generic enough that I believe a video transmission system to fit in it. This is the registration I took a look at: <https://euipo.europa.eu/eSearch/#details/trademarks/010579043>

Am I looking for troubles using RED in a product name, even if RED is the gTLD?

Changing the product name now would be sort of a mayor problem, but it is still better than being forced to do it in a few months.

Usage of trademarked generic top level domain


I'm an engineer and I wanted to make a toy for my 3 year old daughter for Christmas. She loves Little Einsteins but since that was 12 years ago, they don't really make many of the toys anymore. Any that are still available are held by collectors and sell at a premium ($100+ for a smaller one).

I wanted to make her Leo's baton as that is her favorite character. I have a 3D printer and making something like that won't be an issue. My idea is making something that resembles it physically but not identically and has a few buttons that will play a couple of soundbites from the show when pressed (the baton on the show does not do that). It won't have any logos, iconography, or anything tying it to the show on the outside.

If it's a legal issue, I can just change the soundbites to something generic but it would mean more to her for it to be a Little Einsteins thing. Will the physical likeness itself be a possible enfringement?

This isn't something I would be selling or making money off of and since they aren't produced, the toy isn't easy to come by.

NB: if I'm not stepping on any toes and make it as described for my daughter, could I document the build and put it online (a blog or social media)? Could I share the 3D model\* on a website under the Creative Commons License (no money or anything is gained)?

I'm sorry if this seems like a dumb question, I'm not familiar with copyright law and I don't want to get myself in any trouble.

---

\*Models are required for 3D printing

How different does something have to be so it doesn't infringe on a copyright?


Paul Davies. [*JC Smith's The Law of Contract* (2018 2 ed)](https://www.amazon.co.uk/Smiths-Law-Contract-Paul-Davies/dp/0198807813/ref=dp_ob_title_bk). p. 465

>
> [![enter image description here](https://i.stack.imgur.com/OxEcn.jpg)](https://i.stack.imgur.com/OxEcn.jpg)
>
>
>

Which of these three homonyms fit the 'condition' colored in green beneath? p. 449.

>
> [![enter image description here](https://i.stack.imgur.com/1mhGq.jpg)](https://i.stack.imgur.com/1mhGq.jpg)
>
>
>

Which 'condition' fits "‘basis’ or condition on which the benefit was transferred"?