{"Id":71340,"PostTypeId":1,"CreationDate":"2021-09-01T02:39:58.830","Score":0,"ViewCount":128.0,"LastActivityDate":"2021-09-01T06:43:55.503","AnswerCount":1.0,"CommentCount":9,"ContentLicense":"CC BY-SA 4.0","body":"I'm trying to comfortably use my laptop at night and now could not find an answer by web-search to the following: Why TVs \/ laptops etc. do not warn about too bright screen whereas many smartphones warn about too loud sound amplification? I'm asking on law site cause I suspect there were a number of successful lawsuits for impaired hearing from headphones but none for impaired vision from TVs. Am I right here? Digging down - has it happened because there are studies proving impairment for one and none for the other?\n\n\nAdded: I actually doubt my second guess cause there are a lot of enhancements in screen brightness - auto-brightness, night mode.\n\n\n","text_label":"civil-law","title":"Why TVs \/ laptops etc. do not warn about too brirght screen whereas many smartphones warn about too loud sound amplification?"} {"Id":37797,"PostTypeId":1,"CreationDate":"2019-03-03T04:13:06.187","Score":2,"ViewCount":41.0,"LastActivityDate":"2019-03-03T05:06:51.043","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"[This earlier question](https:\/\/law.stackexchange.com\/questions\/37775\/can-pricing-be-copyrighted) asked whether a pricing scheme could be copyrighted. I wonder if pricing could be trademarked.\n\n\nSuppose Christopher Columbus Pizza was famous for selling a large pizza for $14.92. Can they obtain a trademark on $14.92 to prevent competitors from also advertising their pizzas for the same price and confusing customers as to the quality or source?\n\n\n","text_label":"trademark","title":"Can pricing be trademarked?"} {"Id":49810,"PostTypeId":1,"CreationDate":"2020-03-11T18:25:47.843","Score":0,"ViewCount":57.0,"LastActivityDate":"2020-03-11T20:50:33.587","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I am in full term employment in the UK. My notice period set out in my contract is 3 months. There is no probation period (I know this is unusual). I have only been working for 10 weeks and have handed in my notice. My employer is insisting I work for the full 3 months to hire my replacement. There is someone else in my team at the same level who does the same job. Do I have any options to work a shorter notice period?\n\n\n","text_label":"employment","title":"Long notice period when in employment a short amount of time in UK"} {"Id":36822,"PostTypeId":1,"CreationDate":"2019-02-03T15:18:57.717","Score":-2,"ViewCount":68.0,"LastActivityDate":"2019-02-04T15:53:38.200","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I will go straight to the point, I already read the terms I looked for some information on the issue of licenses I looked at sites but nothing, I did not understand anything is that I have a project that is totally done by me, but I want anyone who dares to share or do something to dump the credits on me, what license do I use for this?\n\n\n","text_label":"licensing","title":"I have doubts about the Github licensing issue"} {"Id":16737,"PostTypeId":1,"CreationDate":"2017-01-29T03:17:46.047","Score":0,"ViewCount":698.0,"LastActivityDate":"2017-01-29T23:49:02.127","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Can a customer of mine waive negligence caused by me when doing any business activity on assets\/property? What if the property belongs to someone else, but I state that they take all responsibility as well? Provided that I am specific and the waiver is clearly written, is it enforceable? Can this replace the need for general liability insurance? \n\n\nFor an example, I pressure wash property for a living. While washing, I scratch a vehicle, however, the customer has signed a waiver that protects me from being sued\/pay for damages. What if the car is leased, however, I state that they are responsible to pay X for all damages caused by my negligence? \n\n\nAll activities are based in Ontario, Canada.\n\n\n","text_label":"liability","title":"Can a contract waive negligence in Ontario, Canada?"} {"Id":53257,"PostTypeId":1,"CreationDate":"2020-07-15T14:32:12.587","Score":1,"ViewCount":90.0,"LastActivityDate":"2020-07-15T20:57:16.653","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"I am from India and when i did some research i found out that there are some big and well established companies in the field of windmill installation for electricity generation like Vestas India, GE Wind Energy Ltd.etc.\n\n\nI have developed a product for renewable generation of electricity and want to start a startup, but it is not very complex (i.e easy to get copied) and i fear that those big companies could figure out the working of my product easily and can make a duplicate of it. Since i will be a small startup very few will recognize me and i will also be having less connections as compared to those big firms.\n\n\nAlso i do have an option of getting a patent done but there can be a chance that i miss some aspect and then those big firms could find any loopholes and then make my patent invalid.(I guess you must be understanding what i want to say as there is lots of possibility for a product design and it is possible that i miss some of them in my patent)\n\n\nIs revealing of my product in press will be a good idea\n\n\nPlease guide me what should one do for the above case in order to get recognized. (i guess after update my question is making some sense)\n\n\n","text_label":"intellectual-property","title":"How can i compete legally with the large firms in the below mentioned scenario?"} {"Id":45954,"PostTypeId":1,"CreationDate":"2019-10-29T15:00:22.737","Score":0,"ViewCount":1729.0,"LastActivityDate":"2019-12-30T04:04:20.443","AnswerCount":2.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"So for instance, could I develop an energy bar and market it as the \u201cHouston Bar\u201d? \n\n\nOr even just have a bar with \u201cHouston\u201d on the packaging that was self evidently a bar.\n\n\n","text_label":"trademark","title":"Are towns and city names trademarked?"} {"Id":11278,"PostTypeId":1,"CreationDate":"2016-06-29T00:47:30.940","Score":3,"ViewCount":128.0,"LastActivityDate":"2017-05-12T00:25:32.360","AnswerCount":3.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"In the US, two speakers have a public debate. It is free of charge to all who show up at the public venue. No one is paid anything but (possibly) expenses such as travel. Any additional expenses for the debate like venue rental are paid for by a third party. There was no contract or verbal agreement regarding money beyond that the debaters would be there at a certain time and place.\n\n\nThe first debater arranges for the debate to be audio recorded, and afterward posts the recording for sale online for $13. An indirect inquiry by the second debater who desires to share the recording for free on his own site receives the answer that the first debater is asserting copyright and the recording can't be shared for free.\n\n\n1. Who owns the copyright to this recording?\n2. Can the second debater share the recording (obtained by paying $13) for free legally? And give rights to others to copy it further?\n3. Is the second debater able to legally demand half of the profits?\n\n\n","text_label":"copyright","title":"Copyright on public debate"} {"Id":47022,"PostTypeId":1,"CreationDate":"2019-12-01T19:55:20.150","Score":0,"ViewCount":98.0,"LastActivityDate":"2019-12-01T23:01:51.057","AnswerCount":3.0,"CommentCount":4,"ContentLicense":"CC BY-SA 4.0","body":"If a person makes a story up and doesn't copyright it can anyone copy it and then copyright it themselves?\n\n\n","text_label":"copyright","title":"What happens if a story is not copy righted"} {"Id":67923,"PostTypeId":1,"CreationDate":"2021-07-21T07:46:27.620","Score":-2,"ViewCount":146.0,"LastActivityDate":"2021-07-23T08:30:01.047","AnswerCount":1.0,"CommentCount":7,"ContentLicense":"CC BY-SA 4.0","body":"I work for a EU organization internationally,\nThey have had my previous passport on file for more than a year, but it has expired last year: They are now requesting I send them my **new** passport \"to update the employee profiles\"\n\n\nDue to Covid, I am currently in a different country than the one I was hired in (I might not have the proper permit) and not keen on sharing my new passport if I can prevent it.\n\n\n**Can I push back on them? Can I refuse to provide an updated passport?** (they had my valid passport - that eventually expired - on file)\n\n\n","text_label":"employment","title":"Can employer force me to handover my updated passport?"} {"Id":44760,"PostTypeId":1,"CreationDate":"2019-09-17T01:58:11.910","Score":1,"ViewCount":171.0,"LastActivityDate":"2019-09-17T17:07:16.970","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I participated in Google Summer of Code and received a stipend from Google. I worked with volunteer mentors associated with free\/open source projects not associated with Google in any direct way.\n\n\n[Google is clear that there was not an employee\/employer relationship with them](https:\/\/developers.google.com\/open-source\/gsoc\/faq):\n\n\n\n> \n> Is GSoC considered an internship, a job, or any form of employment?\n> \n> \n> No. GSoC is an activity that the student performs as an independent developer for which they are paid a stipend.\n> \n> \n> \n\n\nAs far as I could determine, the form of self-employee closest to describing a GSoC student is \"independent contractor\". However, I am uncertain that it fits completely. The [definition I found](https:\/\/www.irs.gov\/businesses\/small-businesses-self-employed\/independent-contractor-defined) says:\n\n\n\n> \n> The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.\n> \n> \n> \n\n\nGoogle did not really control or direct the results or anything about the work.\n\n\n\n\n---\n\n\nIs participating Google Summer of Code considered \"self-employment\" under US tax law?\n\n\n","text_label":"tax-law","title":"Does receiving a stipend for participating in GSoC constitute self-employment?"} {"Id":59807,"PostTypeId":1,"CreationDate":"2020-11-22T08:10:46.957","Score":4,"ViewCount":40.0,"LastActivityDate":"2021-01-04T21:13:55.387","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"As the title says. I'm writing guide and reference books (Amazon short-reads) aimed at people who aren't tech-savvy with the goal of improving their tech literacy. I've seen books like the one linked below which are guides to an existing product that don't seem to come with any sort of official seal of approval. I'm wondering if these are just sitting ducks in a legal grey area, or if these are protected by fair use or some other legal defense.\n\n\n[Here](https:\/\/rads.stackoverflow.com\/amzn\/click\/com\/B08LCZS49M) is an example of what I'm talking about.\n\n\n","text_label":"copyright","title":"What are the license\/legal requirements to write a guidebook about a specific product?"} {"Id":33572,"PostTypeId":1,"CreationDate":"2018-11-16T21:05:47.913","Score":2,"ViewCount":521.0,"LastActivityDate":"2018-11-16T22:49:02.623","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"My friend wants to make a 'risk table', which would have the risk board carved into it, as part of a larger game board challenge. He would be making all the pieces and the board himself.\n\n\nI'm wondering if he can do this legally, assuming he stops using the word Risk? The game mechanics can not be patented, so in that regard he is safe. He would, however, be remaking the board itself which I assume is copyrighted. Since the board is just the world map divided into specific countries I don't know if this counts as 'recreating' the board? \n\n\nIs the fact that he is using the same countries that the original risk board used enough to count as recreating the board\/game?\n\n\n","text_label":"copyright","title":"Can I recreate the Risk board game for personal use?"} {"Id":32330,"PostTypeId":1,"CreationDate":"2018-10-06T02:11:45.507","Score":-2,"ViewCount":156.0,"LastActivityDate":"2018-10-08T14:31:29.250","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"as the question suggest. I've built a scrapper which scraps two websites to get property listing from there. As someone told me to scrape other website is illegal. but I think the listing ad of property is not a property of website. so I can scrape it. \n\n\ncan someone tell me it is legal to get others property advertisment?\n\n\n","text_label":"copyright","title":"Is it legal to copy property's listing from other's website"} {"Id":1996,"PostTypeId":1,"CreationDate":"2015-08-23T13:46:42.623","Score":8,"ViewCount":323.0,"LastActivityDate":"2015-08-24T13:00:01.860","AnswerCount":1.0,"CommentCount":4,"ContentLicense":"CC BY-SA 3.0","body":"I want to start an online browser game following all laws.\n\n\nA few days ago I heard of [COPPA - Children's Online Privacy Protection Act](http:\/\/www.coppa.org\/). In this link, they clearly explain in all details what must be done, and what kind of website must comply. As a person that knows (absolutely) nothing about law, I am glad to find this right-to-the-point text that tells me exactly what to do.\n\n\nMy question is, **how do I find out if there are other things like this to follow?** I am glad I heard of COPPA, otherwise I would have no idea I had to follow it. I am now worried that **there might be other laws to follow that I don't even know they exist.**\n\n\n**How to make sure I am following everything that must be followed?** Is there some kind of \"list\"? **I am using COPPA just as an example - I don't want to be restricted only to privacy laws. The thing is, I can't even dream of what other laws could exist.** (I'm lucky to have found COPPA)\n\n\nI am brazillian, the website would be hosted in Brazil. But I would like people from other countries to be allowed to play as well. *(I don't know if this matters)*\n\n\n*If you really need to know more details about the game to properly answer this question, let me know and I will add them - but I was hoping to a more general answer first, so I can analyse them myself and decide what is needed and what is not. I am not sure if this question is too-broad the way it is now - if it is, I will add the details.*\n\n\n\n\n---\n\n\n**EDIT:** I don't think this question is a duplicate from [Where can I find a comprehensive document of computer laws?](https:\/\/law.stackexchange.com\/questions\/1187\/where-can-i-find-a-comprehensive-document-of-computer-laws). Even though its title suggests that, both answers only refer to security and hacking. I am talking about the content of my website, and I am not \"hacking\" anyone nor doing anthing close to that.\n\n\n**EDIT 2:** Just to clarify, I do not expect someone to show up with a complete list and solve my problem like magic. The thing is, as of now I have not the slightest idea of how to proceed.\n\n\nI mean, (at least the majority of) existing MMO browser games (like Clash of Clans, Neopets, Club Penguin, OGame and such) must have done *something* to make sure they comply with all needed laws.\n\n\n","text_label":"internet","title":"How to make sure my website complies with things like COPPA?"} {"Id":895,"PostTypeId":1,"CreationDate":"2015-07-02T21:45:12.137","Score":0,"ViewCount":70.0,"LastActivityDate":"2015-07-03T22:15:44.583","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Apparently they got it from archive.org. They made no changes to the page except to throw in some links, fitting them into the context so it will look natural to a crawler. They neglected to remove the visitor counter, that's how I found out.\n\n\nThey even left the copyright notice I had on the page.\n\n\nThey're using my images, my design, my content, my js, etc. Even though I no longer own the domain of the original site, I seem to be last owner. \n\n\nCan't find out who owns the domain so I guess I would go through the host to get in touch. \n\n\nWondering if there is any legal remedy for this.\n\n\n","text_label":"copyright","title":"Some link building service got an old webpage of mine and is hosting it on another domain"} {"Id":55281,"PostTypeId":1,"CreationDate":"2020-08-13T23:00:00.933","Score":0,"ViewCount":69.0,"LastActivityDate":"2020-08-19T19:36:33.343","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"How can a monograph focus when **[3]** \"a defendant is culpable for taking an unjustified risk with the interests of others\", but not **[1]** \"whether risking the interests of others itself should be criminalised or **[2]** \"justifying risk-taking\"? In other words, can you kindly distinguish more clearly 1, 2, 3? They look intertwined to me. I never studied philosophy, please explain like I'm 5.\n\n\nIf you're adjudicating 3 (when a defendant is culpable for taking an unjustified risk with others' interests), then aren't you\n\n\n* \"justifying risk-taking\" in some circumstances\" [1]\n* and adjudicating WHEN 2 happens (when risking others' interests should be criminalized)?\n\n\n\"taking an unjustified risk with others' interests\" means same as \"risking others' interests\". To adjudicate when these [1] [2] happen, you have to \"justify risk-taking\" in some circumstances.\n\n\nFindlay Stark. [*Culpable Carelessness*](https:\/\/www.cambridge.org\/core\/books\/culpable-carelessness\/4B489D7BFB8141FFDD66F887C623E0AD) (2017).\n\n\np 2\n\n\n\n> \n> \u00a0 \u00a0 \u00a0 It is because of its concern with all things considered wrongdoing that\n> Anglo-American criminal law concentrates on the idea of *unjustified*\n> risk-taking.11 Importantly, the focus of this book is not on the question\n> of **[Boldening 1] whether risking the interests of others *itself* should be criminalised**\n> even where the risked consequence or circumstance does not materialise\n> (in other words, whether simple *endangerment* should be criminalised)12\n> or about **[Boldening 2] the idea of justifying risk-taking**. Separate books could be\n> \n> \n> \n\n\np 3\n\n\n\n> \n> written about these topics. More will have to be said about them in this\n> book, but the main focus is on the circumstances in which a **[Boldening 3] defendant is\n> *culpable* for taking an unjustified risk with the interests of others**. \n> \n> \u00a0 \u00a0 \u00a0 The term \u2018culpability\u2019 is used loosely in criminal law theory.13 There\n> nevertheless appears to be an acceptance, in much of the theoretical\n> literature on criminal law, that culpability is demonstrated through the\n> defendant\u2019s *insufficient concern* for the interests of others. The idea of\n> insufficient concern for the interests of others links those who hold\n> vastly different perspectives on other issues. For instance, Alexander,\n> Ferzan and Morse and Tadros adopt different approaches to the wider\n> matter of criminal responsibility: Alexander, Ferzan and Morse think\n> choice is the sole basis of responsibility;14 Tadros explains responsibility\n> in terms of character.15 They also adopt different accounts of\n> the justification of punishment: Alexander, Ferzan and Morse are\n> retributivists;16 Tadros supports (in *Criminal Responsibilit*y, where he\n> develops his thoughts on insufficient concern) a communication view\n> of punishment.17 They agree, however, that the element of culpability\n> required for a criminal conviction is a demonstration (through choices\n> or \u2018in-character\u2019 behaviour) of *insufficient concern for the interests of\n> others*.18 Furthermore, focussing on the defendant\u2019s lack of sufficient\n> concern for others is one way of understanding accounts of culpable\n> carelessness in terms of \u2018indifference\u2019 towards risk.19 The basic understanding\n> of culpability as insufficient concern for the interests of others\n> will thus be adopted in this book. It is *the way* in which this lack of\n> concern is demonstrated that is more controversial, and which requires\n> much more explanation.\n> \n> \n> \n\n\np 258\n\n\n\n> \n> \u00a0 \u00a0 \u00a0 This is not a cause for concern, however. The \u2018objective\u2019 aspects of\n> negligence as failure of belief are not unduly troubling. Absent a strong\n> attachment to \u2018subjectivity\u2019 \u2013 which would require independent justification\n> of the sort that the Exclusive Thesis needs170 \u2013 the presence of some\n> \u2018objectivity\u2019 is not fatal to a defensible theory of culpable carelessness.\n> \u2018Objectivity\u2019 comes in degrees, and the argument here is that negligence\n> as failure of belief is \u2018subjective\u2019 *enough* to suffice for criminal conviction, in\n> a way that a conduct-based view of negligence is not. Where there is\n> disagreement over the proper social expectations concerning risk-taking\n> and belief formation, importantmoral and political questions are, of course,\n> raised.171 But it is not the aim of this book to remove them from the\n> attribution of criminal responsibility and liability. If anything, \u2018objective\u2019\n> \n> \n> \n\n\np 259\n\n\n\n> \n> considerations are simply made more transparent by the theory of negligence\n> as failure of belief. This might be a good reason to limit the use of\n> negligence as failure of belief, but **that is a point not about *culpability* but\n> about *criminalisation*.** This point will be returned to later in this chapter.\n> \n> \n> \n\n\n","text_label":"criminal-law","title":"Culpablility for taking an unjustified risk with the interests of others v. Criminalisation"} {"Id":22117,"PostTypeId":1,"CreationDate":"2017-08-22T13:46:40.707","Score":1,"ViewCount":69.0,"LastActivityDate":"2017-08-23T16:18:55.807","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"The Economist is a weekly magazine, where articles are never signed by authors. Is it then enough that the magazine itself is in the public domain? I have come across posts like [this one](http:\/\/www.publicdomaintreasurehunter.com\/2009\/07\/19\/how-to-tell-if-a-magazine-is-in-the-public-domain\/) stating that individual articles might be further protected under copyright. But if I do not know the author, how can I know?\n\n\n","text_label":"copyright","title":"Copyright for unauthored articles in The Economist"} {"Id":42286,"PostTypeId":1,"CreationDate":"2019-06-20T22:26:02.697","Score":1,"ViewCount":71.0,"LastActivityDate":"2019-06-20T23:36:35.587","AnswerCount":2.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"Are there case law examples where a reseller was forbidden to publish the name of the item being resold?\n\n\nFor example suppose a computer reseller acquires a used computer made by HALCO, model HAL-9001 (fake brand and model).\n\n\nCan HALCO stop the reseller from publishing the brand and model, perhaps in an ad, on their website, or on a piece of paper taped to the unit, as both are trademarked? (There are no authorized HALCO resellers.)\n\n\n","text_label":"trademark","title":"Are there case law examples where a reseller was forbidden to publish the name of the item being resold?"} {"Id":29372,"PostTypeId":1,"CreationDate":"2018-06-09T17:07:40.630","Score":0,"ViewCount":382.0,"LastActivityDate":"2018-06-09T20:05:10.653","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I know that land sale contracts, for example, have to be in writing in most jurisdictions. **What other kinds of contracts legally have to be in writing to be enforceable?** (US jurisdictions preferred but any jurisdiction acceptable).\n\n\n","text_label":"contract","title":"What contracts have to be in writing?"} {"Id":6011,"PostTypeId":1,"CreationDate":"2015-12-23T17:30:40.690","Score":2,"ViewCount":1810.0,"LastActivityDate":"2020-07-12T01:52:38.943","AnswerCount":4.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"**Background:**\n\n\nRecently, some cards for an upcoming Magic the Gathering Set(trading card game) were leaked to the public a month before Wizards of the Coast(the company that makes Magic) intended to tell the public about the cards. \n\n\nThere's a lot of controversy in the Magic community right now, about these leaks, and Wizard's of the Coast's response to the leaks. If you want to read more about it, you can go to a magic fansite.\n\n\n**Question:**\n\n\nAssume the following:\n\n\n* You have absolutely no contractual obligation to the company that has anything to do with company secrets.\n* You are exposed to information about a product, including photos of that product that the company is going to release to the public.\n* Let's assume your friend told you this information. You don't know where your friend got this information.\n* The public knows **a** new product is coming out, but they don't have the specific information that you've been exposed to.\n* The company definitely does not want information of this product leaked to the public.\n* The company definitely does not want **you** to know this information.\n\n\nThen:\n\n\n1. Is it illegal to leak that information to the public?\n2. If so, then if enough people know that information, does it become legal to spread that information?\n\n\n","text_label":"intellectual-property","title":"When is reposting company secrets illegal"} {"Id":74529,"PostTypeId":1,"CreationDate":"2021-11-14T11:51:50.137","Score":0,"ViewCount":49.0,"LastActivityDate":"2021-11-14T20:01:08.213","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"I have been helping a nonprofit by developing a piece of software that they needed. The software is more-or-less built to their specs in a \"functional\" way, but I wrote 100% of the code: they are not programmers.\n\n\nAnyhow, we didn't make any kind of contract at the beginning verbally or otherwise. Who owns the copyright to all of this? Do they have any rights to it at all for providing \"ideas\"?\n\n\n","text_label":"copyright","title":"Copyright: Idea vs Execution?"} {"Id":47297,"PostTypeId":1,"CreationDate":"2019-12-10T00:25:34.600","Score":-1,"ViewCount":38.0,"LastActivityDate":"2019-12-10T02:39:12.170","AnswerCount":1.0,"CommentCount":5,"ContentLicense":"CC BY-SA 4.0","body":"Basically the title, I want to create a tool that makes what I think are derivative works (word clouds made of other peoples words).\n\n\nIf I wasn't selling the works could I profit off ads next to them?\n\n\nOr alternatively, since I technically only created the tool that makes them, not the works themselves, could I sell the word clouds?\n\n\n","text_label":"copyright","title":"Am I allowed to make derivative works and profit off of ads next to them, not the derivative works themselves?"} {"Id":70354,"PostTypeId":1,"CreationDate":"2021-08-03T00:24:08.240","Score":-4,"ViewCount":94.0,"LastActivityDate":"2021-08-03T09:40:59.107","AnswerCount":2.0,"CommentCount":7,"ContentLicense":"CC BY-SA 4.0","body":"Can the board of a company invest in bitcoins without the consent of the shareholders? Is it allowed in privately owned companies as well as publically traded companies and in what situations can the shareholders sue the company for it? I see people suing company for losing money in stocks, so I am wondering if it applies here.\n\n\nAssume the country is the United States.\n\n\n","text_label":"civil-law","title":"Can the board of a company gamble on bitcoins without the consent of the shareholders?"} {"Id":61583,"PostTypeId":1,"CreationDate":"2021-02-28T05:33:52.917","Score":1,"ViewCount":566.0,"LastActivityDate":"2021-03-13T12:30:14.190","AnswerCount":3.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Davies. *JC Smith's The Law of Contract* (2021 3 ed). p. 478 is part of the Glossary.\n\n\n\n> \n> Obligee \u00a0 \u00a0 a party to whom an obligation is owed. \n> \n> Obligor \u00a0 \u00a0 a party who owes an obligation.\n> \n> \n> \n\n\n\n> \n> Offeree \u00a0 \u00a0 a party receiving an offer. \n> \n> Offeror \u00a0 \u00a0 a party making an offer.\n> \n> \n> \n\n\n\n> \n> Promisee \u00a0 \u00a0 a party to whom a promissory obligation is\n> owed. \n> \n> Promisor \u00a0 \u00a0 a party who owes a promissory obligation.\n> \n> \n> \n\n\nI've read many English law judgments, and I always see Offeree\/Offeror and Promisee\/Promisor. I rarely see Obligee\/Obligor. But aren't these pairs superfluous? How can they be distinguished?\n\n\nIf you're a promisee, you must've have been an offerree because you must have accepted the offer that you received! Similarly, if you're a promisor, you must've been the offeror!\n\n\nAbove, Obligee\/Obligor and Promisee\/Promisor are identical except for \"promissory\" in the definition for Promisee\/Promisor.\n\n\n","text_label":"contract-law","title":"Offerror\/Offeree vs. Promisee\/Promisor?"} {"Id":44505,"PostTypeId":1,"CreationDate":"2019-09-08T14:49:36.220","Score":0,"ViewCount":65.0,"LastActivityDate":"2021-01-31T00:07:55.853","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"My question is, what is required under UK law to assign the benefit of a debt or small contract, to a third party. Although it relates to an actual dispute, the question itself is simply about legal process and facts of law - no advice is sought or needed beyond that posed in the question. Therefore I am also abstracting the question completely, to make it as widely applicable as possible.\n\n\nQuestion\n========\n\n\nA, B and C are private UK based individuals.\n\n\nA is due money under a contract with B. A has performed their part of the contract so the only contractual matter outstanding is A receiving their money from B. For personal reasons, A now wishes their friend C to become the sole beneficiary thenceforce, so that C can claim from B the monies or any other contractual benefits previously due to A, or if needed, C can sue B for their non-payment\/non-delivery (if that happens). \n\n\nThe motive for this is partly, that C will give A a sum of money, and will subsequently have full rights to receive, collect and enforce the debt owed by B in exchange.\n\n\nCan A and C enter into such an agreement of assignment without seeking B's consent, and what form must such an agreement take to be legally binding?\n\n\n***Note:** It is assumed that the contract does not explicitly forbid this, nor is the contract related to real property or a lease\/tenancy, or a business. The debt\/benefit is small, under \u00a3500 in value, and relates to a deposit that A previously paid B and which B now must repay to A.*\n\n\n","text_label":"contract-law","title":"Requirements for assignment of debt or benefits of contract to a third party, in UK law"} {"Id":30156,"PostTypeId":1,"CreationDate":"2018-07-11T11:11:08.317","Score":0,"ViewCount":42.0,"LastActivityDate":"2018-07-12T20:55:53.227","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"You often see websites or documents (user manuals, in particular) stating something similar to:\n\n\n\n> \n> This program is compatible with the Windows(R) operating system. \n> \n> ... \n> \n> Windows is a registered trade mark of Microsoft.\n> \n> \n> \n\n\nor\n\n\n\n> \n> Intel(R) Core(TM) i7(TM) processors which feature the BLAH instruction...\n> \n> \n> \n\n\nAlright, so *someone* has a trade mark on some more or less interesting thing, sometimes registered and sometimes not registered, whatever.\n\n\n*Someone else* writes something which is not related to the product directly or influences the product or its marketing, nor is it competitive or uses the name for advertising, and in my understanding no rights or imagined rights are infringed in any way. In other words, I'd say: *\"who cares!\"*.\n\n\nAmong this class of statements are also some that say e.g. *\"belong to their respective owners\"*. Well yes, things *usually* belong to their owner. What about it?\n\n\nApparently, the vast majority of people seems, for some reason, to have a different opinion. Apparently, it is necessary to state the obvious.\n\n\nWhat is the point (or legal reason?) for such in my opinion silly disclaimers? Even moreso, as the notices often include \"and others\", which implies that you admit you didn't list them all, and you are aware that you didn't (which in my opinion makes the problem, if there is one, worse).\n\n\n","text_label":"trademark","title":"What is the legal base \/ requirement (if any) for trade mark notes?"} {"Id":73548,"PostTypeId":1,"CreationDate":"2021-10-09T19:56:09.707","Score":4,"ViewCount":132.0,"LastActivityDate":"2021-10-11T00:38:21.810","AnswerCount":2.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"The EU court recently ruled that the EU copyright directive:\n\n\n\n> \n> Article 5(1) of Directive 91\/250 must be interpreted as meaning that the lawful purchaser of a computer program is entitled to decompile all or part of that program in order to correct errors affecting its operation, including where the correction consists in disabling a function that is affecting the proper operation of the application of which that program forms a part.\n> \n> \n> \n\n\nSource: \n\n\nThe way I interpret this ruling is that if a video game has an invasive DRM integrated into it which slows down the performance of the game (which can arguably be called \"an error affecting operation\") like Denuvo, the person who bought this game in the EU is legally allowed to remove this DRM from the product. Thing is, I'm not a lawyer, so this interpretation may not be accurate at all.\n\n\nDoes this EU court ruling effectively allow paying customers to remove a DRM product which is slowing down their game?\n\n\n","text_label":"software","title":"Does the recent EU court ruling allowing decompilation of lawfully purchased software for bugfixes permit removing game DRM if it slows down the game?"} {"Id":37091,"PostTypeId":1,"CreationDate":"2019-02-10T19:26:31.077","Score":1,"ViewCount":266.0,"LastActivityDate":"2019-02-11T05:57:14.200","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"is it legal for employers to ask for social media handles in job application or pre-employment forms? If it is unrelated to the job?\n\n\nI understand for jobs like marketing, modeling etc. where a large social media following increases the cash flow, in that case it makes sense to ask for the handles as the person will be a face of the company. Hence the request and assessment could be written under job requirement.\n\n\nBut for a position completely unrelated to one's social media presence, is it legal?\n\n\nLooking at North America and Europe ; Canada, USA, Germany\n\n\n","text_label":"employment","title":"Is it legal for employers to ask for social media handles?"} {"Id":8727,"PostTypeId":1,"CreationDate":"2016-04-23T05:58:57.100","Score":0,"ViewCount":28.0,"LastActivityDate":"2016-04-23T06:45:33.917","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Can a well-known, general, legal rule(s) of law overrule a claim made within a terms of service agreement that a customer has agreed to?\n\n\nSomething along the lines of \"the claim was rejected because they were not acting in good faith\". Is there a name for this concept? \n\n\nAn example would be appreciated.\n\n\n","text_label":"contract","title":"Can a general rule of law be used to reject a claim made within a signed service agreement?"} {"Id":75341,"PostTypeId":1,"CreationDate":"2021-12-15T14:14:06.787","Score":0,"ViewCount":45.0,"LastActivityDate":"2021-12-15T20:51:56.503","AnswerCount":3.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"There's [a simple contract template](https:\/\/stuffandnonsense.co.uk\/projects\/contract-killer\/) going around design and development communities that includes this clause:\n\n\n\n> \n> Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English and Welsh courts.\n> \n> \n> \n\n\nRegardless of the rest of the template, if a contractor sends this contract to an American client:\n\n\n* Would the American client refuse to have to potentially deal with non-American courts, in the possibility of a conflict?\n* Should the contractor pick just one court (English OR Welsh)? What happens if there's an issue and English and Welsh laws disagree on that specific point?\n* Could the contract stipulates that is enforceable under exclusive jurisdiction of American, English and Welsh courts, but that the Welsh one takes precedence?\n\n\nWhat is simpler and best for both parties, considering the extreme unlikeliness that such a minor project would end up in court?\n\n\n","text_label":"contract-law","title":"Which country should have exclusive jurisdiction in a simple software development contract?"} {"Id":28284,"PostTypeId":1,"CreationDate":"2018-05-07T02:02:40.920","Score":0,"ViewCount":114.0,"LastActivityDate":"2018-06-08T00:32:36.923","AnswerCount":1.0,"CommentCount":4,"ContentLicense":"CC BY-SA 4.0","body":"As someone who is not a lawyer and needs to sign contracts, I often find the conventional writing style as an instrument to justify the inclusion of clauses that represent a client\/provider relationship as if it actually were a master\/slave one. This is noticeable in cases where a small company intends to sell its services to a bigger one. In my experience, the language used in these writings acts as a protection for imbalance, as if the \"master\" were allowed to pretend that an otherwise abusive clause is just regular jargon. At the same time, this accepted language seems to indicate that its author (a lawyer) is more interested in creating the conditions that would favor a conflict, rather than assisting the parties in avoiding them.\n\n\nMy question is whether there exists any serious new framework, guidelines or proposal for writing contracts in a way that avoids verbal aggression, underlying instead the spirit of collaboration and commitment that a client\/provider agreement should protect. I'm asking this question because I would like to learn of a valid alternative that I could propose to the other party.\n\n\nFinally, note that I'm not asking why things are the way they are. I'm asking where to look for alternatives.\n\n\n","text_label":"contract","title":"Is the usual contract writing style being questioned and a radically new one proposed?"} {"Id":13604,"PostTypeId":1,"CreationDate":"2016-08-24T16:15:15.900","Score":2,"ViewCount":580.0,"LastActivityDate":"2016-09-02T17:28:12.463","AnswerCount":1.0,"CommentCount":4,"ContentLicense":"CC BY-SA 3.0","body":"I have an app that I want to call \"Donald Trump\". Now that Donald Trump is a political figure, is it okay to name my app after him (first amendment)? Or does he have a trademark or something over his name? I don't want to get sued but I'm wondering if his political status allows me to use his name openly.\n\n\n","text_label":"trademark","title":"Can Donald Trump sue if I use his name in my product name?"} {"Id":52537,"PostTypeId":1,"CreationDate":"2020-06-19T21:40:56.667","Score":3,"ViewCount":274.0,"LastActivityDate":"2022-01-14T05:03:10.333","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"In Canada, if **person\\_a** creates a copyrightable work, and then later **person\\_b** creates (without copying **person\\_a**'s work) the same work, do both **person\\_a** and **person\\_b** have copyright, or does only **person\\_a** have copyright? Answers on [this American post](https:\/\/www.quora.com\/If-two-people-created-the-same-content-independently-without-any-previous-or-shared-knowledge-who-would-own-the-copyright) suggest both authors would have copyright, but in Canada the [Copyright Act](https:\/\/laws-lois.justice.gc.ca\/eng\/acts\/C-42\/FullText.html) clearly says:\n\n\n\n> \n> the sole right to produce or reproduce\n> \n> \n> \n\n\nReproducing something requires you to copy it, but producing doesn't. The way I read this statement is that copyright is only granted to **person\\_a**, because **person\\_b** is violating the sole right to \"produce\" portion of this statement.\n\n\n(I'm aware that the likelihood of this happening is slim when dealing\nwith works substantial enough in size to actually qualify for a\ndefensible copyright.)\n\n\n","text_label":"copyright","title":"If the same content is created by more than one person without copying, do all authors have copyright, or just the first author?"} {"Id":939,"PostTypeId":1,"CreationDate":"2015-07-06T09:44:48.437","Score":5,"ViewCount":1074.0,"LastActivityDate":"2015-07-06T16:57:32.923","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"In the past, copyright terms have been repeatedly extended, and some people have called for extensions that would effectively make copyright eternal, such as terms of 10.000 years or \"forever minus one day\".\n\n\nIf a law were passed today in the United States extending copyright from its current term of \"life of the author + 70 years\" to \"life of the author + 10.000 years\", what exactly would happen? In particular:\n\n\n* Would, say, Shakespeare's works (published before the introduction of copyright) leave the public domain?\n* Would works previously under copyright whose original copyright term had already expired gain renewed copyright?\n* If the answer to the second question is yes, what would happen to derivative works of those works?\n\n\n","text_label":"copyright","title":"What would happen if copyright were extended (almost) indefinitely?"} {"Id":25769,"PostTypeId":1,"CreationDate":"2018-02-01T22:28:46.443","Score":0,"ViewCount":63.0,"LastActivityDate":"2018-02-20T18:35:43.697","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"We are a sports website covering news and have found a user on YouTube copying our written content and images and pasting it in whole in their videos. \n\n\nWe have put in a copyright claim and got some videos taken down but they have put in a counter claim saying it is fair use and they will Sir is if we don\u2019t remove the initial claim.\n\n\nWhere do we stand on this as they are using 100% of our article content including images and not even putting in any original content of their own.\n\n\n","text_label":"copyright","title":"Copyright claim \/ fair usage"} {"Id":46536,"PostTypeId":1,"CreationDate":"2019-11-17T01:17:16.813","Score":1,"ViewCount":46.0,"LastActivityDate":"2019-11-17T01:59:12.713","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"Creative Commons offers a series of licenses, some of which allow people to use your images commercially, while others prohibit commercial usage.\n\n\nI have some images that lie somewhere in between. I don't want people selling them as postcards or putting them on mugs, T-shirts, etc. for sale. However, I do want people to feel free to post my images in media (including for-profit books) and on the Internet (as long as the images properly credit me, with a link to my website).\n\n\nSince Creative Commons doesn't offer this type of license (as far as I know), what are my options?\n\n\nCan I simply post my terms on my website, like this?...\n\n\n\n> \n> You can use this image for personal use but no commercial uses except\n> that you can include it in media (including books) and on the\n> Internet (as long as you include the proper credit and link to my\n> website).\n> \n> \n> \n\n\nIt might be nice to have my images indexed by Creative Commons, but I haven't been able to find a license that meets my needs.\n\n\n","text_label":"copyright","title":"Semi-Commercial Image License"} {"Id":29620,"PostTypeId":1,"CreationDate":"2018-06-19T04:38:25.483","Score":1,"ViewCount":96.0,"LastActivityDate":"2018-06-19T04:46:20.730","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"If you watch the commercial you'll notice that the half eaten Reeses cup is imitating a (Mr.) PACMAN eating the Reeses pieces as Pac man pellets. In the nature of the game, Pac man is constantly making turns to avoid ghosts and consume all pellets. In the commercial the Pacman look alike never makes a turn.\n\n\n\n\n\nSo were they just editing the commercial and we never see a turn? Or were they trying to avoid copyright infringement by not ever showing the impression turning as signature to the game?\n\n\n","text_label":"copyright","title":"Reeses \"Game Changer\" commercial: Copyright infringement"} {"Id":65258,"PostTypeId":1,"CreationDate":"2021-05-25T00:57:55.107","Score":17,"ViewCount":1982.0,"LastActivityDate":"2021-05-26T04:52:04.983","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"When a court strikes down a federal\/state law or state constitution as unconstitutional, can the legislature just leave that unconstitutional provision on the statute book as long as the executive does not enforce it, or is there an obligation to repeal the unconstitutional provision? I have been reading US state constitutions recently and noticed many have provisions barring same-sex marriage, which are obviously unenforceable following the Supreme Court decisions on the matter. Can the states just leave these provisions in their constitutions indefinitely\n?\n\n\n","text_label":"constitutional-law","title":"If a law or state constitution is struck down as unconstitutional, is there an obligation for the legislature to repeal it?"} {"Id":39284,"PostTypeId":1,"CreationDate":"2019-04-21T04:48:16.007","Score":0,"ViewCount":154.0,"LastActivityDate":"2019-09-04T04:24:27.850","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"Why's \"warranty\" coupled with \"representation\", not 'condition'?\n\n\nContext\n-------\n\n\nIn [Canadian](https:\/\/renx.ca\/representations-v-warranties-are-they-different-do-you-know-the-difference\/) and [English](https:\/\/mundays.co.uk\/insights\/to-warrant-is-not-to-represent\/) law, representations differ from warranties1. Thus they aren't doublets, as\n[Ashurst's](https:\/\/www.ashurst.com\/en\/news-and-insights\/legal-updates\/quickguides-warranties-and-indemnities\/) distinguishes them beneath (as do [Cripps LLP](https:\/\/www.cripps.co.uk\/contractual-representations-warranties-difference-matters\/), [Osborne Clarke](https:\/\/www.osborneclarke.com\/insights\/representations-and-warranties-in-private-ma\/), [Blake Morgan](https:\/\/www.blakemorgan.co.uk\/training-knowledge\/features-and-articles\/warranties-representations\/), [Walker Morris](https:\/\/www.walkermorris.co.uk\/publications\/disputes-matter-autumnwinter-2016\/warranties-andor-representations-matters\/)).\n\n\n\n> \n> A warranty is a term of the contract, a breach of which gives the innocent party the right to claim damages but not to treat the contract as repudiated. A warranty can therefore be contrasted with a condition, which entitles the innocent party to treat the contract as repudiated, and an \"intermediate\" (or \"innominate\") term, which may entitle the innocent party to treat the contract as repudiated depending on the nature and consequences of the breach.2\n> \n> \n> \n\n\np. 613 in [*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) instances one use of 'representation or warranty'.\n\n\n\n> \n> The principles applied by the courts when deciding whether or not a clause is reasonable\n> have been discussed earlier (pp. 427\u2013434, Chapter 13, Section 3). It is probably wise not to\n> attempt to exclude liability for \u2018any **representation or warranty**\u2019 because such a clause may,\n> as a matter of interpretation, extend to a fraudulent misrepresentation and an attempt to\n> exclude liability for fraudulent misrepresentation must be unreasonable (see *Tomas Witter\n> Ltd v. TBP Industries Ltd* [1996] 2 All ER 573; for a contrary view see *Zanzibar v. British\n> Aerospace (Lancaster House) Ltd* [2000] 1 WLR 2333, where it was held that the words \u2018any\n> representation\u2019 were not apt, as a matter of construction, to encompass a fraudulent misrepresentation given that liability for fraud generally cannot be excluded, see p. 612, earlier in\n> this section). It is, however, safer to state that the exclusion or limitation applies to any representation other than one made fraudulently\n> \n> \n> \n\n\n\n\n---\n\n\n^Perhaps they are in US law too? Tina L. Stark. [*Drafting Contracts: How and Why Lawyers Do What They Do* (2013 2 ed)](https:\/\/rads.stackoverflow.com\/amzn\/click\/com\/B00HSLR5V6). [18.3](https:\/\/books.google.com\/books?id=YajfDgAAQBAJ&lpg=PT308&ots=OubWLZVMBX&dq=couplet%20%22represent%20and%20warrant%22&pg=PT308#v=onepage&q=couplet%20%22represent%20and%20warrant%22&f=false).\n\n\n\n> \n> Therefore, they should be pared down to\n> one word\u2014unless the drafter intends a substantive difference, as in the\n> phrase *represent and warrant*.\n> \n> \n> \n\n\n","text_label":"contract-law","title":"Why 'representation or warranty', not 'representation or condition'?"} {"Id":22406,"PostTypeId":1,"CreationDate":"2017-09-04T02:59:44.960","Score":0,"ViewCount":100.0,"LastActivityDate":"2017-09-07T00:29:13.260","AnswerCount":1.0,"CommentCount":4,"ContentLicense":"CC BY-SA 3.0","body":"Let's say an internet provider (ex: Comcast, At&t, Verizon) says to their users: Hey we have this new free internet access, however, by using it the end ad content will be changed to our liking -for example they can change Ad Units to show their ads or inject ads into content.\n\n\nWhat are the legal repercussions here? If the end user's agree, can sites that serve ads (ex: Google Adsense) sue you for replacing their content?\n\n\nAlso wondering about any other issues that can arise from such action.\n\n\n","text_label":"internet","title":"Can an internet provider replace content of websites if the end user is aware of it?"} {"Id":47850,"PostTypeId":1,"CreationDate":"2020-01-01T18:46:10.990","Score":1,"ViewCount":101.0,"LastActivityDate":"2020-01-01T19:07:41.773","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I am paying a girls bills who has a restraining order against me, is it stalking\/harrasment to pay her bills when she won't contact me?\n\n\n","text_label":"criminal-law","title":"Is it stalking to pay someone's bills?"} {"Id":67110,"PostTypeId":1,"CreationDate":"2021-06-26T23:28:20.627","Score":2,"ViewCount":296.0,"LastActivityDate":"2021-06-27T19:40:44.740","AnswerCount":4.0,"CommentCount":11,"ContentLicense":"CC BY-SA 4.0","body":"Can Hawaii secede from the U.S. through legal means or is it forbidden by U.S. law? I am asking, because I doubt the U.S. would accept the result of a referendum that rules that the Hawaiians want to secede from the U.S. just like Russia or China wouldn't accept it.\n\n\n","text_label":"constitutional-law","title":"Can Hawaii secede from the U.S. through legal means?"} {"Id":31621,"PostTypeId":1,"CreationDate":"2018-09-09T12:46:15.900","Score":7,"ViewCount":198.0,"LastActivityDate":"2018-09-13T18:26:21.637","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Data controllers must delete the users' personal data if they are asked to do so, according to the GDPR, except in some cases that don't really apply here. But what if that personal data has ended up somewhere else on the internet, maybe on a search engine like Google, or maybe in multiple places that might even be difficult to spot completely, often because some crawling bots have copied the data? I'm not talking about a data breach, where somebody gets unexpected and unauthorized access to data that is supposed to be private. I'm talking about data that is publicly displayed on a website, so anybody (crawling bots included) can access it. It could be a username, an email address, a little picture of you as an avatar, etc.\n\n\nSo here are the questions:\n\n\n**Who is responsible for the deletion of personal information that ended up on other websites?** Should the user try to get the data deleted, or should the original website do it? For example, if a user asks me to delete some data from my website, should I also try to have it removed from Google or could I just tell the user it's none of my business and that they should go ask Google on their own?\n\n\n**Should a user expect all this to happen as \"the way internet works\", or should anything be made clear in the privacy policy?** For example saying \"The part of your personal data that can be publicly accessed on the internet is likely to end up on other websites that we cannot control and that might not comply with the GDPR at all\"?\n\n\n","text_label":"internet","title":"GDPR and personal data that gets crawled and ends up on other websites"} {"Id":39108,"PostTypeId":1,"CreationDate":"2019-04-14T14:15:37.507","Score":19,"ViewCount":6299.0,"LastActivityDate":"2019-06-01T01:31:07.960","AnswerCount":4.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"Currently, the only charges form the British side against him are, that he avoided the criminal procedure (he was, on the British law, a fugitive) by his \"visit\" on the Ecuadorian Embassy.\n\n\nMeanwhile, the British police has spent \u00a311million.\n\n\nNow consider the case if he wouldn't be extradited to the U.S on some reason, and any other \"extra-judicial measurement\" (for example, \"committing suicide\" in his cell) wouldn't happen.\n\n\nWhat is the punishment for that in English law?\n\n\nUpdate: [he got 50 weeks](https:\/\/www.independent.co.uk\/news\/uk\/home-news\/julian-assange-prison-jail-time-weeks-bail-embassy-a8894326.html?amp), what nears the 1 year maximum. There is no news from financial punishment or extradition.\n\n\n","text_label":"criminal-law","title":"What would be Julian Assange's expected punishment, on the current English criminal law?"} {"Id":32337,"PostTypeId":1,"CreationDate":"2018-10-06T13:37:38.447","Score":2,"ViewCount":90.0,"LastActivityDate":"2018-12-20T19:40:40.210","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I was wondering about the phrase [\"time is of the essence\"](https:\/\/en.wikipedia.org\/wiki\/Time_is_of_the_essence). This compares to other time constraints such as \"reasonable time\" and \"time at large.\"\n\n\nMy understanding of \"time is of the essence\" suggests that all the deadlines set forth in the contract must be met, that ordinarily, extensions will not be allowed. Is this a correct understanding?\n\n\nCan \"time is of the essence\" be inferred from surrounding circumstances, even though it was not \"stated\" in the contract? For instance, if a \"recital\" to a contract said that one party needed to complete the deal by December 31, in order to obtain a tax advantage (or avoid a tax loss), would that imply \"time is of the essence?\n\n\n","text_label":"contract","title":"What are the different time requirements under law?"} {"Id":1985,"PostTypeId":1,"CreationDate":"2015-08-23T05:21:17.627","Score":11,"ViewCount":1742.0,"LastActivityDate":"2015-08-24T22:53:36.663","AnswerCount":3.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"Let's say I create a computer program that randomly chooses words and records them. Now, this generator spits out an exact word-for-word copy of a non-public-domain book. \n\n\nIf I publish this (without knowing it's a copy), would I be in violation of the original book's copyrights? What if I could reasonably prove that it was generated randomly?\n\n\n","text_label":"copyright","title":"Is a randomly-generated book a violation of copyright?"} {"Id":56769,"PostTypeId":1,"CreationDate":"2020-09-30T03:05:56.553","Score":-1,"ViewCount":62.0,"LastActivityDate":"2020-09-30T05:02:21.817","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I have made a 3d model of APPOLO IE car. The model doesn't contain any kind of logo of appolo. I want to use the model for a animation which I would upload on YouTube. Would I violate any law related to copyright by doing this?\n\n\n","text_label":"copyright","title":"Would it be copyright infringement to use a 3d model of appolo ie Without appolo's logo"} {"Id":44777,"PostTypeId":1,"CreationDate":"2019-09-17T11:09:26.717","Score":-1,"ViewCount":81.0,"LastActivityDate":"2019-09-25T00:50:57.343","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"If a developer creates Android and IOS applications that use YouTube API, what limits are legally applicable?. Suppose the applications will get videos from YouTube, then will manipulate these videos, accelerating, slowing down, playing only certain interval, etc.\n\n\n1. If the apps have ads, is there any copyright problem with the video owners or YouTube company.\n2. Is it a copyright violation or other legal problem to excerpt the videos on YouTube? For example, the apps play only the first minute of the videos? Can the app add extra sounds on these videos?\n3. Is it allowed to play videos on the background? I mean, can the app play only audios of the videos?\n4. Is there any legal way of playing the YouTube videos without YouTube ads in such apps?\n\n\n","text_label":"copyright","title":"Manipulating YouTube videos in mobile application"} {"Id":64149,"PostTypeId":1,"CreationDate":"2021-04-16T12:52:51.873","Score":1,"ViewCount":85.0,"LastActivityDate":"2021-04-16T13:12:31.737","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Let's assume that Hacker Corp. offers a penetration testing service to other businesses, and ACME Corp. contacts Hacker Corp. to conduct a penetration test for some internal testing.\n\n\nHacker Corp. requires ACME Corp. to sign a \"Permission to Attack\" document, which outlines that Hacker Corp. is allowed to attack a specific system of ACME Corp. during a specified timeframe in a specified way.\n\n\nDue to internal turmoil in ACME Corp., the Permission to Attack document never gets signed by the people with the powers to sign it, and instead a low-level IT employee in ACME Corp. signs instead. During the penetration test, a machine in ACME Corp.'s infrastructure fails and causes an outage, which costs ACME Corp. millions of dollars. This failure was not foreseeable and not caused by negligence.\n\n\nACME Corp. now wishes to sue Hacker Corp. for damages, claiming they were attacking ACME Corp. without a valid Permission to Attack. Can Hacker Corp. claim that they acted in good faith, believing that the Permission to Attack was granted by someone from within the company who was allowed to grant such a permission?\n\n\n","text_label":"contract-law","title":"Can a company claim they acted in good faith in this situation?"} {"Id":62079,"PostTypeId":1,"CreationDate":"2021-03-15T18:06:52.803","Score":1,"ViewCount":147.0,"LastActivityDate":"2022-01-10T16:54:02.760","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"When I passed a security camera in the house i'm currently in, while watching Netflix on my phone, I wondered how legal that would be, considering that you are not allowed to make copies or photos of the content within, but the CCTVs purpose is not to record stuff on Streaming sites.\n\n\nI was just curious if that would break any law or if this would be one of the rare exceptions where such a thing is legal. I'm also not saying I would put my phone in front of that camera, i'm just talking about copyrighted stuff that's visible on CCTV and recorded by it\n\n\n","text_label":"copyright","title":"Can you show Netflix to CCTV?"} {"Id":14055,"PostTypeId":1,"CreationDate":"2016-09-18T14:52:36.690","Score":2,"ViewCount":115.0,"LastActivityDate":"2016-09-18T21:43:07.940","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Kumaran develops novel lampshades. In January 2016, he developed a new lampshade.\n\n\nOn 1 May 2016, he emailed Bobby and Chew, both wholesalers, to whom he had previously sold lampshades. In his email, he asked each whether they would be interested in becoming the sole distributor of his new lampshade.\n\n\nOn 5 May 2016, Bobby and Chew both emailed Kumaran independently, each stating that he was interested in becoming sole distributor for the lampshade and requested further information.\n\n\nOn 7 May 2016, Kumaran emailed Bobby: \u201cI offer you the post of sole distributor of the lampshade at a basic 10% commission. If I hear nothing from you by 14 May 2016, I will assume that this is acceptable to you.\u201d\n\n\nBobby immediately posted a letter, by registered mail, to Kumaran\u2019s home in which he accepted Kumaran\u2019s offer. The letter did not arrive until 16 May 2016.\n\n\nIn the meantime, Chew, having heard nothing further from Kumaran, posted a letter to Kumaran in which he offered to become Kumaran\u2019s sole distributor for a 20% commission. Kumaran received Chew\u2019s letter on 15 May 2016. Kumaran immediately telephoned Bobby and told him that the post of sole distributor was no longer available to him.\n\n\nBobby insists that there is a binding contract to appoint him as sole distributor. Is Bobby correct?\n\n\n","text_label":"contract-law","title":"Are contracts legally bound when acceptance is mailed, or only once received?"} {"Id":25181,"PostTypeId":1,"CreationDate":"2018-01-08T18:49:16.507","Score":0,"ViewCount":424.0,"LastActivityDate":"2018-01-08T23:28:45.237","AnswerCount":1.0,"CommentCount":6,"ContentLicense":"CC BY-SA 3.0","body":"This is going to be a long question:\n\n\nI'm working on creating a company to stream the latest and greatest movies that haven't reached Netflix yet. In order to do this, my plan is to buy, say, 10 Harry Potter DVDs, and rip one of them. We will then monitor how many people are streaming it and limit it to 10, the number of DVDs we have. It won't hurt the sales of the movie, because we're purchasing the correct number of DVDs. \n\n\nThis is equivalent to just sending a DVD to a user, just online. We won't lend out(a.k.a. stream) more DVDs than we have.\n\n\nUpdate: How is Vidangel legal if they do just this?\n\n\n","text_label":"copyright","title":"Is it legal to stream DVD?"} {"Id":12094,"PostTypeId":1,"CreationDate":"2016-08-03T08:03:16.000","Score":1,"ViewCount":78.0,"LastActivityDate":"2017-01-18T02:10:23.823","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"There is [a mobile game](http:\/\/www.discgolfbasketstore.com\/1025-discgolfgame\/) that has TM written behind its name.\n\n\nIt is built for iOS and has not been updated for years. I would like to create a new and better version of it, for all operating systems, also maybe commercialize it and make free and premium version.\n\n\nDoes the TM symbol mean that I cannot use the name, or the idea, or something else?\n\n\n","text_label":"trademark","title":"What rights does a trademark actually give?"} {"Id":51072,"PostTypeId":1,"CreationDate":"2020-04-28T14:41:26.480","Score":5,"ViewCount":420.0,"LastActivityDate":"2020-04-29T18:43:21.143","AnswerCount":2.0,"CommentCount":7,"ContentLicense":"CC BY-SA 4.0","body":"My question is a hypothetical one. I was conducting some research into the differences between murder, homicide and manslaughter and I didn't understand the difference between homicide and manslaughter. Let's say there are two friends walking down a busy street, teasing each other. One of them playfully pushes the other who falls into the oncoming traffic. That person doesn't make it. Will the friend who pushed be charged with manslaughter or homicide, if he were to be charged at all? \n\n\n","text_label":"criminal-law","title":"Would killing a human by accident (without any premeditation or intent) be considered homicide or manslaughter?"} {"Id":2223,"PostTypeId":1,"CreationDate":"2015-08-31T21:50:30.850","Score":28,"ViewCount":5179.0,"LastActivityDate":"2020-12-21T09:42:33.713","AnswerCount":4.0,"CommentCount":12,"ContentLicense":"CC BY-SA 3.0","body":"My browser is saving a copy of the web pages I visit on my computer. How is that not copyright infringement?\n\n\n[in this answer](https:\/\/law.stackexchange.com\/questions\/1805\/copying-html-copyright-violation\/1808#1808) I read:\n\n\n\n> \n> I would hazard a guess that displaying an HTML webpage online is implicitly allowing others to read that code\n> \n> \n> \n\n\nHow does that imply that you can make a local copy, when a web page includes a copyright note, or does not mention copyright at all (in which case standard copyright rules apply)?\n\n\nI suspect that the only possible way out would be stating that digital text is not the same thing as printed text and therefore the same rules should not apply, but we are constantly told the opposite, aren't we?\n\n\n**UPDATE**\n\n\nI'm adding some quotes from the only answer and comments below, to bring more elements for further answers that I hope will come, since I'm still not convinced that this situation makes completely sense. \n\n\nIt has been pointed out that \n\n\n\n> \n> Fortunately I don't need to be convinced, as I'm not a judge on a\n> relevant case (Jon Story. I changed *\"you\"* from the original comment to *\"I\"*)\n> \n> \n> \n\n\nAnd that's totally true, so I feel like reassuring that my question comes only out of my couriosity and noone needs to answer if they don't wish to satisfy that.\n\n\nI'd like to receive an answer that copes with some alternative views seen here, possibily making me understand which one is right (or more logical, or more convincing). I don't mean to make this question become too broad, so we are still dealing with the original problem: *whether browser cache violates (US and EU) copyright laws in theory*. I do hope this is a [good subjective question](https:\/\/blog.stackexchange.com\/2010\/09\/good-subjective-bad-subjective\/).\n\n\nPlease be aware that I believe the term *Intellectual Property*, which appeared in the comments, [to be misleading](http:\/\/www.gnu.org\/philosophy\/not-ipr.en.html). It refers to patents, trademarks, copyright and other stuff, while we're just discussing about copyright here.\n\n\n**Quotes from answer and comments:**\n\n\n* > \n> Copyright is not about copying, it is about use (Jon Story)\n> \n> \n>\n* > \n> Many misconceptions are based on copyright being about use. Copyright\n> is not about use, it is about copying (Marcks Thomas)\n> \n> \n>\n* > \n> To expand on the point about use, not copying, being the main issue,\n> it would be a violation of copyright to take a BD and project it onto\n> a large screen and charge money for people to watch it. I didn't copy\n> the disc, just played it for profit (or even if i didn't charge, as a\n> public performance) and I'd go to jail (Andy)\n> \n> \n>\n* > \n> You wouldn't say the optical fiber the data was sent through was\n> copying the data? (kasperd)\n> \n> \n>\n* > \n> In order to read printed text, your eyes make a copy of that work (in\n> a different format, made up of neurons firing in your brain) (Jon Story)\n> \n> \n>\n* > \n> routers don't copy the data in full. They process one packet at a\n> time, which by no means is enough to contain the full work. A packet\n> is more comparable with a citation, than a copy of the work. (kasperd)\n> \n> \n>\n\n\n**FURTHER UPDATE:**\n\n\nI'm going to start a bounty on this question. Here I add the parts of the current answer (Jon Story's) I'm less satisfied with:\n\n\n\n> \n> Because you are not duplicating the content or re-publishing it\n> \n> \n> \n\n\nI'm clearly doing the first of these two things.\n\n\n\n> \n> The web page is publicly available anyway (or at least, accessible by\n> you), so you have permission to read it: copyright is about whether\n> you have permission to access and read the file, not about whether you\n> have permission to make a copy of the file as part of the technical\n> process of accessing and reading it.\n> \n> \n> \n\n\nI'm almost certain that copyright is not about the permission to read and access the text, but about the permission of making copies, modifying, redistributing and other stuff like that. For instance, I don't think you can make a copyright note that does not allow reading your content. Is fair use the key point here? That may be, and in the comments I was almost convinced. However, I've never known that fair use could justifiy copying the *entire* text. They won't let me photocopy an entire copyrighted book for personal use, I guess.\n\n\n","text_label":"copyright","title":"Why does browser cache not count as copyright infringement?"} {"Id":67593,"PostTypeId":1,"CreationDate":"2021-07-11T14:03:18.983","Score":0,"ViewCount":138.0,"LastActivityDate":"2021-07-11T17:40:29.397","AnswerCount":2.0,"CommentCount":27,"ContentLicense":"CC BY-SA 4.0","body":"*Before some people get all worked up, the question is being asked in the context of modding.*\n\n\n\n\n\n\n> \n> Video game piracy is the unauthorized copying and distributing of video game software, and is a form of copyright infringement.\n> \n> \n> \n\n\nOkay, so at least in one (and probably the major and common one) case it the sharing is illegal due to copyright law rules. But how exactly are game files protected and what exactly is protected?\n\n\n\n\n\n\n> \n> This standard treats the **whole game as a singular component** but **does not define what would be covered by such a protection and what would be excluded**. WIPO had recognized the complexity inherent in copyrighting video games, saying: \"Although Article 2 of the Berne Convention provides a solid basis for eligibility for protection of video games by copyright, they are in fact complex works of authorship, potentially composed of multiple copyrighted works.\" WIPO has also stated in one of its reports that \"there is no clear classification of video games and their protection will vary depending on each particular game and the elements that are part of it. In this sense, video games can be treated as computer programs and, thus, are classified as works of authorship; in that case, the source code for a video game is classified as a literary work. If pictorial or graphic authorship predominates, a video game may be classified as a visual arts work. Similarly, if motion picture or audiovisual authorship predominates, a video game may be classified as a motion picture\/audiovisual work.\"\n> \n> \n> \n\n\nI understand that things differ between countries, *let us stay in International\/USA space*. So, according to this standard videogame medium considered a whole piece and even a small portion of that piece, even if it makes not sense outside of the whole or bears no value (copyrightable value i.e. creative and original content) is protected?\n\n\nLet's take, for example, a typical videogame that is made on a generic-purpose videogame engine such as Unreal Engine 4 or Unity3D Engine. When the game is packaged as a final product it contains a lot of stuff that is fairly easy to determine as protected and copyrighted work: audio assets (music, sound effects), graphical assets (textures, sprites, etc), other visual assets (3D models aka meshes, protected design-wise) and so on. This packaged game is our **videogame medium**. But along with this game, a bunch of meta-data is packaged as well. This metadata has no possible copyrightable value by definition (and can be actually considered as a \"fact\" or \"factual data\") and it does not even belong to the IP holder\/wonder but rather, in some way, to the creators of the tools itself (Unreal Engine, for example). Let say all this data is in one single file that is being shared - how would copyright law protect against this kind of sharing?\n\n\nFor the context, this is somewhat follow-up to [Can digital signature\/Hash sequence be copyrighted?](https:\/\/law.stackexchange.com\/questions\/66668\/can-digital-signature-hash-sequence-be-copyrighted\/66669#66669)\n\n\n","text_label":"copyright","title":"How is videogame medium protected by copyright in practical terms?"} {"Id":5821,"PostTypeId":1,"CreationDate":"2015-12-14T23:33:04.980","Score":2,"ViewCount":1292.0,"LastActivityDate":"2015-12-15T00:02:22.157","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I have been accused of a crime, and the police informed me of such. However, I have not been charged. They have told my lawyer that I am under investigation but haven't given any more info.\n\n\nIs there any limit as to how long I can be \"under investigation\" for until either I must be charged or the investigation has to be dropped? Further, would the police be obligated to inform me if the investigation ended, or would I just hear nothing?\n\n\nI ask because this process is causing me a lot of stress and I'd like to know how long it can go on for.\n\n\n","text_label":"criminal-law","title":"Canada - how long can a person be under investigation?"} {"Id":48428,"PostTypeId":1,"CreationDate":"2020-01-23T22:31:13.110","Score":1,"ViewCount":104.0,"LastActivityDate":"2020-01-28T09:18:58.287","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"What happens if the person of the second 'not allowed' contract sues me for breach of contract? Or if the person of the first contract sues me? Is the second contract nullified? Is the term of the first contract not allowing the second nullified?\n\n\n","text_label":"contract-law","title":"If I enter into a contract that a previous contract I entered into says cannot be entered, what happens next?"} {"Id":15940,"PostTypeId":1,"CreationDate":"2016-12-20T07:13:27.530","Score":3,"ViewCount":862.0,"LastActivityDate":"2016-12-22T11:38:26.623","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"I have several old records and casettes of pop music albums some of which are damaged. While I am the legal owner of the recorded media, I do not own the copyright. I understand this. \n\n\nDoes purchasing the record or casette give me the right to listen to the music, and if so, could I legally download and listen to songs that were on my damaged casette or record? \n\n\nOr do I have to buy the CD of the recording?\n\n\n","text_label":"copyright","title":"Can I legally download an MP3 version of songs on a record or casette that I purchased but is now damaged?"} {"Id":7964,"PostTypeId":1,"CreationDate":"2016-03-23T19:44:37.190","Score":0,"ViewCount":39.0,"LastActivityDate":"2016-03-23T22:38:39.047","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"Lets say I design an entertainment app and when I finish the app I realize that there is a lot of fowl language and want to use a GNU library for something like checking for curse words. \n\n\nWould using a library as such be a problem legally for selling my product later? (or having it as a closed source project)\n\n\n","text_label":"copyright","title":"GNU GPL license question"} {"Id":27876,"PostTypeId":1,"CreationDate":"2018-04-22T13:24:14.740","Score":1,"ViewCount":86.0,"LastActivityDate":"2018-04-22T18:44:27.290","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"In many different situations, people will have an incentive to lie in court while the other parties cannot verify whether they are lying or not. \n\n\nI'm wondering whether there are techniques that can be used to (relatively robustly) incentivize people not to lie, even though what they say cannot be verified\/falsified. \n\n\nFor example, one technique that might be used is:\n- We will ask you 10 questions. We know the answer to 5 of these questions, but you don't know which of the 10. If you tell us a lie in even one of the 5 cases, you will go to jail. \n\n\nThat person will be incentivized to tell the truth in almost all 10 cases, since statistically, if it lied in half of them they would almost certainly go to jail. In this way, we incentivize the person to tell the truth even in the cases where we can't verify the answers.\n\n\n**Are there methods that are used to achieve this?**\n\n\n","text_label":"criminal-law","title":"What are techniques used in law to robustly incentivize people to tell the truth?"} {"Id":4128,"PostTypeId":1,"CreationDate":"2015-09-30T15:26:24.767","Score":7,"ViewCount":1020.0,"LastActivityDate":"2015-10-01T01:38:50.787","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Let's say you're in California talking on the phone. Would it be legal to record just your part of the conversation without having approval from the other party? \n\n\nFor example, could you set up a recording device on the desk and have it recording what you're saying during the whole conversation assuming it's not sensitive enough to pick up what the other person is saying also?\n\n\n","text_label":"privacy","title":"Would it be legal to record only yourself on a phone call without the other party giving consent in California?"} {"Id":29333,"PostTypeId":1,"CreationDate":"2018-06-07T16:24:12.063","Score":1,"ViewCount":4965.0,"LastActivityDate":"2019-04-24T14:19:53.207","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"In the following video, the narrative is that the police asked the young man to switch off his phone. He refused. They asked him to sit down. He refused. They then used violence to put him on the ground: \n\n\nDo people have to comply with a policeman's order to sit on the ground?\n\n\n","text_label":"criminal-law","title":"Can the police require you to sit if you are not under arrest"} {"Id":35759,"PostTypeId":1,"CreationDate":"2018-12-29T05:27:42.157","Score":0,"ViewCount":656.0,"LastActivityDate":"2018-12-31T03:56:09.440","AnswerCount":3.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Basically, can I find a popular meme online and use it in a video-game that I am making money off of without giving credit or royalties to the creator \/ owner as often these are hard to find and people using these memes is so common.\n\n\nFor example, there is a grumpy cat meme picture at that meme pages often use, can I use it?\n\n\nMeme pages often use and steal memes from each other without giving credit and then make money through ads and stuff. This seems to be internet culture so is it ok for me to \"steal\" and use memes and make money off of them?\n\n\n","text_label":"internet","title":"Are memes fair use"} {"Id":53779,"PostTypeId":1,"CreationDate":"2020-07-30T13:18:30.113","Score":2,"ViewCount":178.0,"LastActivityDate":"2021-01-14T14:10:31.590","AnswerCount":1.0,"CommentCount":5,"ContentLicense":"CC BY-SA 4.0","body":"I live at Iran. I would like to know if downloading films, like Hollywood films, via internet is illegal, if I don't pay money to the owner?\n\n\nI'm asking because I read [this](https:\/\/www.vice.com\/en_us\/article\/vb7k8j\/its-illegal-to-pirate-films-in-iran-unless-youre-the-government):\n\n\n\n> \n> Iran's copyright law does not protect authors outside of Iran either.\n> While Iran is a member of the World Intellectual Property Organisation\n> (WIPO), a specialized United Nations agency tasked with promoting the\n> protection of global intellectual property, it has never signed the\n> WIPO copyright treaty, nor any other international copyright\n> agreements that would make infringing copyrights of foreigners\n> unlawful.\n> \n> \n> \n\n\nIf downloading is legal under Iranian law, is it illegal under international law, or perhaps under spiritual or religious law?\n\n\nThanks.\n\n\n","text_label":"copyright","title":"Does copyright law apply if I download films in Iran?"} {"Id":6255,"PostTypeId":1,"CreationDate":"2016-01-07T23:40:07.137","Score":2,"ViewCount":32.0,"LastActivityDate":"2016-01-07T23:40:07.137","AnswerCount":0.0,"CommentCount":3,"ContentLicense":"CC BY-SA 3.0","body":"I run a small software consulting company. It is organized as a LLC in California, filing as an S-Corp.\n\n\nI want to start a second business, but something unrelated to computers. I will need to purchase equipment to start the new venture.\n\n\nCan I simply make this a new division of my existing company, and write off the equipment purchases as a business expense in the same way I would if I was buying equipment for he existing operation?\n\n\nIf the answer is no, what if they were proximately related? Where is the line drawn typically?\n\n\n","text_label":"tax-law","title":"Can I write off equipment purchases for unrelated business"} {"Id":77371,"PostTypeId":1,"CreationDate":"2022-01-27T14:05:20.953","Score":-1,"ViewCount":80.0,"LastActivityDate":"2022-01-27T23:50:14.720","AnswerCount":1.0,"CommentCount":4,"ContentLicense":"CC BY-SA 4.0","body":"A book author, who normally writes his or her content through many experimentations. Can I produce a content (video\/webinar or others) based on the book and claim money for that content ? What does law normally say about it?\n\n\n","text_label":"copyright","title":"Can content from others be monetised?"} {"Id":57118,"PostTypeId":1,"CreationDate":"2020-10-13T10:41:01.480","Score":0,"ViewCount":52.0,"LastActivityDate":"2020-10-13T12:21:29.833","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"The author of the [Code2000](https:\/\/en.wikipedia.org\/wiki\/Code2000) font [stated](https:\/\/web.archive.org\/web\/20101122142710\/http:\/\/code2000.net\/code2000_page.htm):\n\n\n\n> \n> Users are required to register the font after a \u201creasonable\u201d\n> evaluation period if they like the font and continue to use it.\n> However, determining what is \u201creasonable\u201d is left for the user to\n> decide. The Code2000 download doesn\u2019t degrade or expire and there are\n> no annoying pop-up screens. This has been left open-ended\n> intentionally. In some cases, members of minority script user\n> communites \u2014 those who need a font like Code2000 the most \u2014 can least\n> afford it. Clearly, if registering the font means your family doesn\u2019t\n> get enough food on the table, even for one meal, then it is not\n> reasonable to register the font.\n> \n> \n> But, if you can afford the small fee, and you like the font and\n> continue to use it after a reasonable evaluation period, then register\n> your shareware! After all, I need food on my plate, too.\n> \n> \n> \n\n\nNow, since the author has disappeared (the PayPal account specified for payments is part of a domain registration that expired and was later repurposed), one could argue that,\n\n\n* no amount of time is \u201creasonable\u201d,\n* tracking down the copyright holder would entail enormous costs (having to contact [hundreds of people](https:\/\/www.whitepages.com\/name\/James-Kass?fs=1&q=James+Kass)), so that that one's \u201cfamily doesn\u2019t get enough food on the table\u201d,\n* one cannot \u201cafford the small fee\u201d (though it is only USD 5.00),\n\n\nbut could these be enough grounds for continuous free usage without risk?\n\n\n","text_label":"copyright","title":"Can one rely on copyright holder's vague language?"} {"Id":39168,"PostTypeId":1,"CreationDate":"2019-04-15T23:59:01.460","Score":3,"ViewCount":66.0,"LastActivityDate":"2019-04-16T00:53:05.830","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I often get asked by some fast food restaurants and other businesses to make a donation to such and such cause when I try to pay at the cashier.\n\n\nIf I say yes, who gets the tax credit?\n\n\nMe or the business?\n\n\n","text_label":"tax-law","title":"Who gets the tax credit, if I say yes to \"Would you like to donate a dollar to xyz\" at the cashier of a shop in the U.S.A.?"} {"Id":24121,"PostTypeId":1,"CreationDate":"2017-11-15T02:52:11.830","Score":4,"ViewCount":238.0,"LastActivityDate":"2017-11-15T04:19:55.843","AnswerCount":1.0,"CommentCount":4,"ContentLicense":"CC BY-SA 3.0","body":"I often help people out on different stack exchange websites and never have any issues whatsoever. I usually answer questions on the Apple stack exchange website. \n\n\nI was wondering, if I give out incorrect advice and someone damages their computer or device more, can I be liable in anyway for those damages? I'm not that familiar with the law, so I though I would ask before I answer certain questions, that I'm not 100% sure on.\n\n\nI understand if they don't follow the advice I'm not liable, but if they willingly follow my advice themselves and if my advice was slightly incorrect, causing more damage, could they attempt to sue me for the damage it causes?\n\n\n","text_label":"liability","title":"Can I be liable for damages for wrong advice I give on a Stack Exchange site?"} {"Id":70432,"PostTypeId":1,"CreationDate":"2021-08-04T22:57:46.447","Score":2,"ViewCount":149.0,"LastActivityDate":"2021-08-05T00:12:44.057","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"Is it legal to make a film with lightsabers in it in a different universe than Star Wars? Is it legal to make a sci-fi films where there are no Jedi, but people wield lightsabers that are very similar to the ones in Star Wars? Assume for the sake of the question that every character in the film is blue-skinned and they wield orange-colored lightsabers and it's set in a sci-fi universe completely different from that of Star Wars. Is this considered a derivative work and thus infringes copyright, or can it be considered to be an original just because the setting is different?\n\n\n","text_label":"copyright","title":"Is it legal to make a film with lightsabers in it in a different universe than Star Wars?"} {"Id":13849,"PostTypeId":1,"CreationDate":"2016-09-07T18:00:24.967","Score":1,"ViewCount":618.0,"LastActivityDate":"2016-09-07T19:41:56.207","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Is it illegal to redistribute or extend the signals through the internet on otherwise open and free satellite channels? \n\n\nIf not in the US, how is it related to the international scene? The question of it's legality is not clear cut, as the signals are already open. \n\n\nThe internet company would merely be **replacing the need** for a satellite dish which is otherwise required to receive the analog signal and instead received by an ethernet cable directly from the internet company to your computer or device, and not through the satellite dish to your **reciever**. \n\n\nCan someone try to shed some light on this?\n\n\n","text_label":"copyright","title":"Legality of redistributing free to air satellite channels over the internet"} {"Id":47432,"PostTypeId":1,"CreationDate":"2019-12-13T11:07:29.403","Score":1,"ViewCount":235.0,"LastActivityDate":"2020-11-01T17:07:46.410","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"As it commonly known, the [right to be forgotten](https:\/\/en.wikipedia.org\/wiki\/Right_to_be_forgotten) is a fundamental right in the modern informational society. It is the right of an individual to obtain erasure of his personal data from the online and offline directories immediately upon request without undue delay.\n\n\nThe perfect example of implementation of this fundamental rule is [European GDPR rules](https:\/\/en.wikipedia.org\/wiki\/General_Data_Protection_Regulation) which clearly state principles and obligations in [Article 17](https:\/\/gdpr-info.eu\/art-17-gdpr\/) and recitals 65 and 66. Everybody working in EU and EEA areas is obliged to abide this law and individuals have tools and mechanism to prosecute legal entities that break these regulations.\n\n\nWhat about US? Is there any similar law within US legal system which I can use effectively to push for observance of my right to forget? I.e. to push websites, web-services and other online\/offline entities to delete my personal data.\n\n\nIs there any way to punish them by law if they deny to do that?\n\n\n","text_label":"privacy","title":"Right to be forgotten in US legal system. Practical approach for erasure?"} {"Id":14339,"PostTypeId":1,"CreationDate":"2016-10-01T12:53:35.887","Score":1,"ViewCount":85.0,"LastActivityDate":"2016-10-01T21:28:37.243","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Suppose you purchase a CD containing some computer software (e.g. a video game) and a perpetual license to use that software. Included on the disc are songs encoded as, for example, mp3 files. These are not encrypted and can be read\/copied by a standard operating system. The mp3 files form part of the software in the sense that the software contains code to play the music as part of its usage experience (e.g. as background music for a title screen or menu).\n\n\nMy question is whether you have an implied license to use the music out of context, such as:\n\n\n* playing the music file with a third party media player application (i.e. not in the manner originally intended by the software designer)\n* transferring the mp3 files to another device (e.g. a portable music player) for the purpose of listening to them independently of the software on the CD.\n* trans-coding the music from one (unencrypted) file format to another (for example, compressing the music from .wav to .mp3).\n\n\nI am in the UK, but am also interested in hearing about international approaches to this issue.\n\n\n","text_label":"copyright","title":"Listening to software music out of context"} {"Id":21215,"PostTypeId":1,"CreationDate":"2017-07-15T00:21:36.373","Score":0,"ViewCount":122.0,"LastActivityDate":"2017-07-21T18:28:55.170","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"I would like to rewrite an old story, written in the 16th century, in the hope that more people may benefit from its message. The latest reprint was in 1971 in Great Britain. \n\n\n","text_label":"copyright","title":"Is it legal to rewrite a book written in 16th century English in modern American English?"} {"Id":9168,"PostTypeId":1,"CreationDate":"2016-05-11T14:44:09.757","Score":1,"ViewCount":132.0,"LastActivityDate":"2016-05-11T18:09:21.323","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Private WoW servers use a novel core, but need to be populated with maps, DBC files, and other content in order to actually have anything aside from an empty \"world.\" Blizzard so far has refused to offer legacy servers themselves, but has gone after private servers.\n\n\nOne of the arguments that people use in support of Activision\/Blizzard, in regard to them refusing to releasing IP for use in constructing legacy servers, under a free to use license, is that doing so would reduce their claim on the IP. Is this true, and if so, why?\n\n\n","text_label":"intellectual-property","title":"Would Blizzard releasing intellectual property under a free to use license reduce their claim to the IP?"} {"Id":4585,"PostTypeId":1,"CreationDate":"2015-10-19T05:01:37.973","Score":5,"ViewCount":1506.0,"LastActivityDate":"2022-03-09T03:03:15.283","AnswerCount":2.0,"CommentCount":6,"ContentLicense":"CC BY-SA 3.0","body":"My friend's beauty salon and beauty product shop was inspected some time ago and in the inspection report it is noted \"Surveillance camera in the shop\". \n\n\n**Now I am wondering what the inspector might have actually meant with that note on her inspection result? Is there a law that requires notice to be posted?**\n\n\nI can't find anything in regarding cameras so it might be mentioned under different regulations.\n\n\n","text_label":"privacy","title":"Do I need to post a notice in beauty salon if surveillance camera is on premises (California)?"} {"Id":14769,"PostTypeId":1,"CreationDate":"2016-10-23T16:33:54.663","Score":1,"ViewCount":279.0,"LastActivityDate":"2016-10-26T02:54:21.873","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"That is, the company employs you and pays you wages in return for money (even though you do no work for them).\n\n\n","text_label":"employment","title":"Is it legal to pay a company to employ you in the UK?"} {"Id":34079,"PostTypeId":1,"CreationDate":"2018-12-05T03:23:06.207","Score":1,"ViewCount":311.0,"LastActivityDate":"2021-12-30T20:27:06.000","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I know this is a confusing matter and there's been number of questions here and articles elsewhere, but maybe it would be simpler in the situation explained below.\n\n\nAssume there's a non-US company selling software on App Store and providing certain subscription services. The following information has to be provided to Apple:\n\n\n1. Do you have any U.S. Business Activities?\n2. (if Yes for 1.) Are you required to file a US income tax return with respect to the payments you receive from Apple?\n\n\nAssume the following:\nThe company is located in a country that has a tax treaty with US. The company does NOT receive any income other than from Apple. The company does NOT have any employees, contractors or any other personnel, office or any physical assets in US. The only thing US-based that the company DOES have are cloud servers physically located in US provided by a US cloud company, used in order to provide subscription services mentioned above. The location of these servers is not critical for the business, chosen for latency reasons and can be changed for the same or other reasons at any moment later.\n\n\nBased on this, how should the questions above answered?\n\n\nFurthermore, what exactly having or not having \"effectively connected income\" would change in this situation, what's more beneficial? Is there a \"if in double choose ...\" option?\n\n\n","text_label":"tax-law","title":"What are \"US Business Activities\" and \"Effectively connected income\", again?"} {"Id":11185,"PostTypeId":1,"CreationDate":"2016-06-25T00:26:26.200","Score":3,"ViewCount":317.0,"LastActivityDate":"2018-03-28T14:51:59.487","AnswerCount":3.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"As I understand it, the Right to be Forgotten was promulgated solely as an EU regulation[1](https:\/\/en.wikipedia.org\/wiki\/Right_to_be_forgotten#European_Union).\n\n\nAssuming that the UK follows through and leaves the EU, would search engines no longer have to remove results related to British subjects?\n\n\n","text_label":"internet","title":"What effect does Brexit have on Britons' Right to be Forgotten?"} {"Id":70585,"PostTypeId":1,"CreationDate":"2021-08-08T20:54:44.717","Score":0,"ViewCount":73.0,"LastActivityDate":"2021-08-08T23:45:41.073","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Can you sue a foreign company in a civil suit even if it doesn't operate within the country in the United States? Let's say you decide to sue a company headquartered in another country and that only operates in that country. Can you still sue that company from the United States?\n\n\n","text_label":"civil-law","title":"Can you sue a foreign company in a civil suit even if it doesn't operate within the country in the United States?"} {"Id":50145,"PostTypeId":1,"CreationDate":"2020-03-23T23:11:45.543","Score":0,"ViewCount":79.0,"LastActivityDate":"2020-03-23T23:37:23.613","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"I am a software engineer. While I was working for a previous employer I built a software system from scratch. Part of my employment agreement was anything made for that employer on company time or using company resources belonged to them. Approximately 6 months ago I left that position and took a position with a different company. \n\n\nA few months ago I realized that several of the technologies and techniques I have learned while working with the new company could be applied to that system to make it much better. I have been thinking about rebuilding a similar system on my own and trying to sell it. As far as I am aware there are no patents or anything like that on any parts of the system. \n\n\nGiven that the new system will be very similar to the first system I built, and utilize many of the techniques I figured out while building the first system, will my former employer have any rights to the new system if it\u2019s built entirely with my own personal resources?\n\n\n","text_label":"intellectual-property","title":"Intellectual property after leaving job"} {"Id":17204,"PostTypeId":1,"CreationDate":"2017-02-18T05:33:20.237","Score":1,"ViewCount":89.0,"LastActivityDate":"2017-02-18T14:28:26.650","AnswerCount":1.0,"CommentCount":6,"ContentLicense":"CC BY-SA 3.0","body":"In this context, I have in mind a typical business transaction, not a complex contract with explicit terms and so forth.\n\n\nSuppose a business receives an order from a customer, and payment for the order is received in whole or part, but the business has issues with delivering on it's end because of circumstances outside of it's control, like a bad receiving address, or a bad email (often used as the customer's gateway to access virtual products). The business surely has a duty to attempt to contact the customer to complete the order, but what if the customer proves unreachable based on the means available to the company (phone, email, mail, etc.)? In other words, you call, but they never call back, or your only contact method is email, but it bounces back.\n\n\nIf the order was placed via a credit card, the business can easily issue a refund despite the inability to contact the customer. Even with payment by check, the business can send out a refund check to a mail address, assuming there's been no evidence of a bad receiving address. The question is, does this business have a legal duty to any such actions? I know credit card companies will typically not process refunds for transactions older than 60 days, so is there a time limitation after which the company may assume the order \"complete\" and retain the funds?\n\n\nI'm concerned only with US Law. Specifically, the business I have in mind is in the State of Idaho, but most customers are not Idaho residents.\n\n\n","text_label":"business","title":"Can a business keep funds it has collected if it cannot complete an order agreement because the paying party proves unreachable?"} {"Id":27401,"PostTypeId":1,"CreationDate":"2018-04-05T16:16:52.460","Score":1,"ViewCount":1465.0,"LastActivityDate":"2018-12-18T08:44:43.303","AnswerCount":3.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I'd like to create some original art using images from art history. Let's keep the question widely applicable and say that I might be interested in anything from old paintings and engravings to pen and ink magazine art to early photography, but all of it would be pre-1900s. Many of the images I'm interested in go back much further, all the way to the late 1500s. I live in the United States, but might want to source images from overseas.\n\n\nPresumably the copyright holders for these images are all long expired, and if I've got things right because they predated the copyright law enacted in the early 1900s these images should all be in the public domain.\n\n\nA quick google and a perusal of some art books tells me it isn't that simple. Image archives, whether online or in photo book form, generally appear to make a copyright claim on the images they contain. This makes my want to get a generally more robust idea of what I can and can't do with art historical and early photographic images before I go any further. \n\n\n**My question is, what should I know about copyright law and using images that were created prior to the 1900s?** What is the best legal practice for reusing images like that in original artwork?\n\n\n","text_label":"copyright","title":"How does copyright law apply to reusing images from before the 1900s?"} {"Id":6598,"PostTypeId":1,"CreationDate":"2016-01-25T07:16:17.327","Score":5,"ViewCount":4551.0,"LastActivityDate":"2016-01-25T18:06:11.877","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"How can the federal government set a minimum wage? It seems like that would be reserved to the states under the 10th Amendment.\n\n\nIs the interstate commerce clause? That seems iffy to me.\n\n\n","text_label":"constitutional-law","title":"What gives the US federal government the power to set a minimum wage?"} {"Id":17746,"PostTypeId":1,"CreationDate":"2017-03-15T18:57:35.150","Score":0,"ViewCount":4325.0,"LastActivityDate":"2017-03-15T20:14:04.107","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"Are there statutes that prohibit an individual from texting another individual if the receiver request cease and desist with communications?\n\n\n","text_label":"criminal-law","title":"Cease and desist texting"} {"Id":39260,"PostTypeId":1,"CreationDate":"2019-04-19T23:37:52.907","Score":-2,"ViewCount":3289.0,"LastActivityDate":"2019-07-27T23:50:57.270","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"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. 69.\n\n\n\n> \n> [![enter image description here](https:\/\/i.stack.imgur.com\/nyYyb.jpg)](https:\/\/i.stack.imgur.com\/nyYyb.jpg)\n> \n> \n> \n\n\n1. Is the Best Answer from [Yahoo Answers](https:\/\/answers.yahoo.com\/question\/index?qid=20110707063743AAwVmAD) beneath wrong? I'm assuming that the rogue, Fletcher, didn't have a solicitor.\n\n\n\n> \n> One solicitor is accepting a duty to make sure the transaction is completed before title transfers..that's all. \n> \n> \n> \n\n\n2. How could Grey induce \"the defendant to detain the sugar and indemnified him for doing so\" (gold), if the \"the sugar was held to Fletcher\u2019s order\" (red)?\n\n\n","text_label":"contract-law","title":"What does \"hold to order\" mean?"} {"Id":21886,"PostTypeId":1,"CreationDate":"2017-08-10T22:18:31.953","Score":2,"ViewCount":1030.0,"LastActivityDate":"2019-08-26T02:24:51.773","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I'm playing around with the idea of transcribing some of my favourite podcasts and recorded talks, putting them up on a website and accepting donations from users to hopefully help support some of the costs.\n\n\nWhat are the legal implications of doing this? Am I even allowed to publish the transcriptions without permission?\n\n\nI'm in Aus but happy to hear US advice as most of the content I'm interested in is from there anyway.\n\n\n","text_label":"copyright","title":"Copyright implications of creating transcripts?"} {"Id":6184,"PostTypeId":1,"CreationDate":"2016-01-05T15:55:36.787","Score":0,"ViewCount":248.0,"LastActivityDate":"2016-01-06T14:41:17.857","AnswerCount":3.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"If I write a book and I cite the works of other authors, what are the legal requirements for the citation? For example, I want to take about 1 or 2 sentences verbatim from the book titled 'The 7 Habits of Highly Effective People'\n\n\nI assume that I have to include the name of the author and the name of the work, which I am citing. What else must be included?\n\n\n","text_label":"copyright","title":"Citing other works within my book"} {"Id":37868,"PostTypeId":1,"CreationDate":"2019-03-05T21:04:00.823","Score":1,"ViewCount":187.0,"LastActivityDate":"2020-03-21T22:56:11.273","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"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.\n\n\nIs this legal in the UK?\n\n\n","text_label":"employment","title":"Is it legal to invite applicants to interview on the basis of sex?"} {"Id":71181,"PostTypeId":1,"CreationDate":"2021-08-26T17:48:10.690","Score":-2,"ViewCount":70.0,"LastActivityDate":"2021-08-27T09:38:12.577","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"If my game would have outlines on the characters just like in the mobile game Brawl Stars, but with a completely different implementation (I sure hope so. I mean, I don't have access to their codebase to check), and the characters themselves look completely different. Would this cause legal issues?\n\n\nThe intent is to create a cartoon effect, rather than just copying.\n\n\n","text_label":"copyright","title":"Creating a game, where characters have outlines like in Brawl Stars"} {"Id":27453,"PostTypeId":1,"CreationDate":"2018-04-07T04:22:51.447","Score":0,"ViewCount":377.0,"LastActivityDate":"2018-04-11T00:24:43.450","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Source: [*Introduction to Law in Canada*](http:\/\/emond.ca\/introduction-to-law-in-canada.html) (2014). p. 173 Bottom.\n\n\n\n> \n> Superior Courts\n> ---------------\n> \n> \n> Like the inferior courts, the superior courts fall into two categories: provincial\/territorial \n> and federal. \n> \n> \n> ### Provincial and Territorial\n> \n> \n> The **provincial superior courts**, as noted above, are constituted under [section 92(14)](https:\/\/en.wikipedia.org\/wiki\/Section_92(14)_of_the_Constitution_Act,_1867#CITEREFWhyte1985) of \n> *the Constitution Act, 1867,* with their judges appointed ***federally*** under section 96 of the \n> Act. Because of this they are sometimes referred to as **section 96 courts**. Why are the \n> judges in these provincial courts appointed federally? Though these are provincial courts, \n> they can, under section 92(14), hear not only matters falling under provincial legislative \n> power (for example, motor vehicle accident cases) but also `some matters falling under federal legislative power (for example, bankruptcy cases)`. (See Chapter 5 for a discussion of \n> how legislative power is divided under Canada's Constitution.) The fact that the judges in \n> these provincial superior courts are federally appointed ensures balance. Balance is needed because of the power these provincial courts have to adjudicate certain federal matters. \n> \n> \n> \n\n\n1. Why did the framers allow provincial superior courts to adjudicate `some matters falling under federal legislative power (for example, bankruptcy cases)`? Why didn't the framers confine to the Federal Court?\n2. Why blur the distinction between provincial v. federal jurisdiction?\n\n\n","text_label":"constitutional-law","title":"Why did s 92(14) (of the Constitution Act, 1867) permit Provincial Superior Courts to adjudicate some matters falling under federal legislative power?"} {"Id":74961,"PostTypeId":1,"CreationDate":"2021-11-30T12:46:19.703","Score":3,"ViewCount":79.0,"LastActivityDate":"2021-12-02T10:51:19.017","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"\n\n\n\n> \n> The court similarly found that any purported agreement with Wong via\n> the Creative Commons license was not sufficient to establish personal\n> jurisdiction. The Creative Commons license did not require Virgin to\n> perform any of its obligations in Texas. Instead, the license\n> permitted the photograph to be used anywhere in the world.\n> Furthermore, Chang failed to show that Virgin performed any of its\n> obligations in Texas. It used the photograph solely in Australia, the\n> one place that, according to Virgin\u2019s evidence, it was authorized to\n> sell its products and services. Finally, because Virgin only used the\n> photograph in Australia, the license that permitted its use was\n> centered in Australia, not Texas.\n> \n> \n> \n\n\nWhat is personal jurisdiction and how can it allow someone to not respect the copyright of another individual? Also, does that mean that Chang can sue Virgin in an Australian court?\n\n\n","text_label":"copyright","title":"What is personal jurisdiction and how can it allow someone to not respect the copyright of another individual?"} {"Id":3440,"PostTypeId":1,"CreationDate":"2015-09-08T02:54:24.680","Score":1,"ViewCount":155.0,"LastActivityDate":"2015-09-08T13:06:23.787","AnswerCount":1.0,"CommentCount":6,"ContentLicense":"CC BY-SA 3.0","body":"Say I'm selling at a swap-meet.\n\n\nA person who, unbeknownst to me, is operating another store in the same area approaches my stall and purchases an item (specifically an old, but still functional laptop), then later demands a refund after removing the screen and hard drive claiming \"*you said this still worked, but there is no screen or drive.*\" Shortly after providing a picture taken before opening (featuring the device still intact) and then pointing to a plainly-written sign stating \"No Refunds,\" the person proceeds to make a loud fuss in front of my stall for an hour or so.\n\n\nAs another example: Say I'm selling something on ebay.\n\n\nAnother store buys a $100 item and mutilates it upon receipt, then demands a refund claiming \"not as described.\" I refuse the refund and receive a negative review.\n\n\nI'm tempted to call the behavior in either case \"fraud & defamation of character,\" but I'm not sure if that applies here...\n\n\n","text_label":"business","title":"What is this called? E.G: Competition buys product, breaks it, and asks for a return"} {"Id":7383,"PostTypeId":1,"CreationDate":"2016-02-25T22:37:35.950","Score":5,"ViewCount":58699.0,"LastActivityDate":"2019-10-23T05:48:25.363","AnswerCount":5.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"Company A and Company B have a business relationship lasting for years. All kinds of agreements are in place between them. License Agreements, Supply Agreements, Development Agreements and so on.\n\n\nCompany A gets acquired by Company C. After closing, former Company A now operates as Company AC.\nWhat happens to all the existing contracts where Company A was a Party?\nDo they get automatically transferred?\n\n\nHaving to assign all the existing contracts seems to be an \"impossible\" task, but i do not know the leagl basis for the transfer. Can anyone shed some light both in US and European jurisdictions?\n\n\n","text_label":"contract","title":"Do existing contracts get automatically transferred to the acquiring company?"} {"Id":22714,"PostTypeId":1,"CreationDate":"2017-09-18T16:44:43.883","Score":0,"ViewCount":359.0,"LastActivityDate":"2017-10-18T18:17:02.660","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"In looking at Texas stalking laws, especially since 2015, in Section 42.072, it appears that even the following actions are illegal:\n\n\nPerson A and Person B are in an online but intimate and romantic relationship. Both live in Texas.\nFrom time to time one of them gets upset at the other and blocks the other from their social media page. But at some point they make up and resume the relationship.\n\n\nPerson A blocks Person B. This time for a month.\n\n\nPerson B thinks something is wrong so Person B attempts to contact Person A using email, social media, phone, texts, etc. Person B attempts for a month to make contact.\nPerson B sends several gifts to Person A's house. At no point does Person A respond in any way.\n\n\nNone of the messages Person B sends threatens violence in any way, nor is intended to annoy, harass or embarrass. (words used in the new Texas law)\n\n\nPerson B drove by Person A's house at one time, but didn't knock or attempt contact.\n\n\nThese attempts went on for about 2 months. Person B then gives up.\n\n\nPerson A then files stalking charges against Person B.\n\n\nFrom looking at Texas law, it appears that Person B has unwittingly committed several violations of the law if Person A feels annoyed in any way.\n\n\nIs this true? Or does there have to be intent? If so, how hard is intent to prove?\n\n\n","text_label":"criminal-law","title":"How broad are Texas' stalking laws now?"} {"Id":6345,"PostTypeId":1,"CreationDate":"2016-01-12T00:20:45.113","Score":1,"ViewCount":475.0,"LastActivityDate":"2016-01-12T00:20:45.113","AnswerCount":0.0,"CommentCount":4,"ContentLicense":"CC BY-SA 3.0","body":"I recently purchased an LLC via LegalZoom and they made a mistake by adding a comma in my LLC Name. I was told that I had to cough up over $150 just to get it corrected through them so I wanted to do it on my own as the filing fee is only $30 or $45 if I wanted to drop it off.\n\n\nThe form is located here: \n\n\nMy issue is that I don't know what some of these fields are for. What do I put in \"4. Parties to the Document Being Corrected\" and in \"Document Provision\"?\n\n\nFor the parties to the document being corrected, I assumed it would be LegalZoom, Inc. but maybe it's the Secretary of State? Not sure what to put in that field and if I am even allowed to correct it.\n\n\nCurrent LLC is \"Company, LLC\", want it corrected to \"Company LLC\".\n\n\n","text_label":"business","title":"How to correct an LLC Entity Name in California?"} {"Id":64108,"PostTypeId":1,"CreationDate":"2021-04-14T20:37:58.213","Score":2,"ViewCount":101.0,"LastActivityDate":"2021-04-15T11:40:00.030","AnswerCount":1.0,"CommentCount":5,"ContentLicense":"CC BY-SA 4.0","body":"Keyword: \u201chull splashing\u201d\n\n\nI have heard that any copyright created prior to 1924 is expired. Therefore, my question: If this is true, can I simply copy and sell any boat designed prior to 1924, i.e. the 12 foot dinghy?\n\n\nIn particular, I am not interested in the complete boat design, but only the hull, as this is the most difficult part to design right for a boat, and without extensive tests\/CFD modeling, it can be quite tricky to get right.\n\n\nMany thanks for your input.\n\n\n","text_label":"copyright","title":"Can I copy and sell any boat designed prior to 1924?"} {"Id":36917,"PostTypeId":1,"CreationDate":"2019-02-05T23:27:27.010","Score":0,"ViewCount":53.0,"LastActivityDate":"2019-02-08T23:17:17.603","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"Customer gives me an e-book or a document, I record audio of that document and send it to the customer. I am not redistributing that work, I only charge the customer. Will this infringe the copyright law? The customer could be giving me an e-book that he bought. \n\n\n","text_label":"copyright","title":"Convert document\/e-book to audiobook"} {"Id":60259,"PostTypeId":1,"CreationDate":"2021-01-18T10:28:24.667","Score":0,"ViewCount":66.0,"LastActivityDate":"2021-01-18T12:36:55.910","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"I would like to include images from the web on my personal website(non-profit & non-commercial use), how do I say that the images are not mine and they belong to their respective owners? does this relate to this\n\n\n\"Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for 'fair use' for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.\"\n\n\n","text_label":"copyright","title":"Using Images from the Web for personal use"} {"Id":6217,"PostTypeId":1,"CreationDate":"2016-01-06T18:40:28.533","Score":1,"ViewCount":794.0,"LastActivityDate":"2016-04-15T21:31:16.550","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"Is it legal to post dark web exploration videos (e.g. exploring virtual drug markers without buying anything) on YouTube without any trouble (I live in Europe, Estonia to be specific)?\n\n\nAnd clearly I'm not going to buy anything, just \"exploring\". So does anyone know? I'm pretty sure I saw series like that by OrdinaryGamers or something, but can it differ from country to country or something?\n\n\n","text_label":"internet","title":"Dark web youtube videos - legal to post?"} {"Id":24365,"PostTypeId":1,"CreationDate":"2017-11-24T18:49:29.677","Score":2,"ViewCount":168.0,"LastActivityDate":"2017-11-24T19:34:44.963","AnswerCount":1.0,"CommentCount":6,"ContentLicense":"CC BY-SA 3.0","body":"Much of what I have been reading points to ISPs being allowed to *throttle*, ie. *slow down* access to certain \"competing\" websites and services.\n\n\nIf current \"net neutrality\" laws were to be repealed, would ISPs be legally allowed to completely block access to, or otherwise censor, such \"competing\" websites and services?\n\n\n","text_label":"internet","title":"Would the end of \"net neutrality\" legally allow individual ISPs to block access to\/censor sites and services?"} {"Id":7455,"PostTypeId":1,"CreationDate":"2016-02-29T21:42:12.853","Score":0,"ViewCount":56.0,"LastActivityDate":"2016-03-01T00:20:19.183","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Axanar is a fan made movie of Star Trek in preproduction, whose producers are being sued jointly by Paramount and CBS for copyright violation. When every news coverage article I found failed to question the applicability of copyright for the case, and [at least one](https:\/\/www.thewrap.com\/why-star-trek-fan-film-producers-should-have-seen-cbsparamount-lawsuit-coming\/) implies the cause is lost for Axanar, I started to question my convictions on what copyright is for.\n\n\nPart of me wants to believe that the move is just FUD on the part of the plaintiffs, and the lack of question on the case by the media is simply due to the lack of expert understanding on the Copyright law by people in general (who tends to bundle together every type of intellectual property law into a single mess). But now I am starting to doubt it.\n\n\nCopyright law is very specific for what is protected, so, motion pictures are protected, but if no one is making verbatim copy of part or whole of the work without authors consent, there shouldn't be any copyright infringement, right?\n\n\nI mean, fictitious organizations name, fictitious star system names, characters names, spaceship designs and general concepts falls out of scope of Copyright, is that correct? Maybe other IP laws, like trademark, can apply to theses things, but not copyright as I understand.\n\n\nSo, is my understand about copyright deeply flawed and there indeed any sound legal basis for the motion? How so?\n\n\n","text_label":"copyright","title":"Why there seems to be a case on CBS\/Paramount vs. Axanar?"} {"Id":30674,"PostTypeId":1,"CreationDate":"2018-08-02T18:26:14.197","Score":0,"ViewCount":150.0,"LastActivityDate":"2018-08-02T19:49:36.770","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I was trying to cancel my gym membership because I had a surprise surgery that put me out of physical activity for a few months, and I couldn't leave the house for one month, but they told me that no matter what I need to come in to cancel without exceptions.\n\n\nCan they say this? Now they're trying to charge me for the months that I was unable to attend for but still \"had a membership\" because I \"never canceled\".\n\n\nI regret not trying to email them after the phone call, I would have much preferred to have a record of this. \n\n\n","text_label":"contract","title":"Canceling gym membership while in recovery"} {"Id":13249,"PostTypeId":1,"CreationDate":"2016-08-10T00:08:28.643","Score":5,"ViewCount":1393.0,"LastActivityDate":"2017-03-27T03:17:46.570","AnswerCount":2.0,"CommentCount":3,"ContentLicense":"CC BY-SA 3.0","body":"I was wondering what laws, if any, restrict donating money to criminals who have committed crimes which you support and want to encourage (lets assume the motivations are not necessarily so explicitly stated).\n\n\nMusings:\nOn the one hand this seems basically the same as paying someone to commit a crime.\nBut on the other hand, accused criminals get donated money all the time to fight the ensuing court battle. Which seems like something that is clearly legal.\n\n\n*This is in response to the recent flurry of donations and 100K bail given to the man who assaulted Dylann Roof. And was just wondering how exactly the law applies to such unique situations.*\n\n\n","text_label":"criminal-law","title":"Giving Someone Money Because of a Criminal Act?"} {"Id":22516,"PostTypeId":1,"CreationDate":"2017-09-09T08:58:08.527","Score":3,"ViewCount":1262.0,"LastActivityDate":"2019-01-21T23:28:08.150","AnswerCount":3.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"Do the GDPR Regulations apply to processing data of a citizen who has dual nationality? \n\n\n","text_label":"privacy","title":"GDPR: Citizens with Dual Nationality?"} {"Id":9594,"PostTypeId":1,"CreationDate":"2016-05-30T22:35:56.103","Score":1,"ViewCount":32.0,"LastActivityDate":"2016-05-30T22:35:56.103","AnswerCount":0.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"There is a Website (for the sake of discussion) called www.maxgrav.com. The site has no content except a landing page (with no discussion on what the product is), which hasn't changed since 2011. The MaxGrav logo shows to be Trademarked (R) (though a search in USPTO showed no results). And supposedly there is a MaxGrav Inc. company name.\n\n\nIf I wanted to created a company called MaxGrav Solutions (www.maxgavsolutions.com) which is in no way modeled or named after this company, and the name was something I came up with before searching to see if a similar name was in use, and this name is available in my state... \n\n\n**Am I in an way infringing upon their trademark or business name etc?** I'm thinking since the company has no real presence, and a search of MaxGrav doesn't show anything related to their site until the 3rd page of the search results, that no one could say that I am infringing upon anything? Especially if I grow my company and show an association of MaxGrav Solutions to MY company.\n\n\n","text_label":"trademark","title":"Can I use a (undeveloped) trademark or business name as part of a longer name for my business?"} {"Id":15414,"PostTypeId":1,"CreationDate":"2016-11-22T11:34:00.613","Score":0,"ViewCount":155.0,"LastActivityDate":"2016-12-25T17:47:54.240","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"I have just resigned from my current company and I briefly mentioned I have unused annual leave left to take.\n\n\nThey have told me, it is company policy to pay leaving employees for unused annual leave, and thus their preferred option is that I do not take my remaining annual leave.\n\n\nIs this enforceable in the United Kingdom by law?\n\n\nMy employment contract doesn't specifically say that.\n\n\n","text_label":"employment","title":"Can a company disallow taking annual leave during a notice period?"} {"Id":2057,"PostTypeId":1,"CreationDate":"2015-08-26T21:58:42.327","Score":2,"ViewCount":608.0,"LastActivityDate":"2015-08-26T21:58:42.327","AnswerCount":0.0,"CommentCount":3,"ContentLicense":"CC BY-SA 3.0","body":"I would like to create an application\/website which is automating some processes on another website A. So my application would basically use website A like a normal user would (there is no API available).\n\n\nIs offering an application like this considered illegal? Since I would not have a permission from website A to do this.\n\n\nThe website is hosted in France.\n\n\n","text_label":"software","title":"My app uses another website. Is it legal?"} {"Id":6666,"PostTypeId":1,"CreationDate":"2016-01-27T17:50:07.563","Score":2,"ViewCount":247.0,"LastActivityDate":"2016-11-15T17:39:58.250","AnswerCount":2.0,"CommentCount":3,"ContentLicense":"CC BY-SA 3.0","body":"I'm opening a business via the e-residency program with Estonia. I am a United States citizen and reside there, as well. Who should I file taxes with?\n\n\n","text_label":"tax-law","title":"I'm a US citizen opening a business in the EU: where do I file taxes?"} {"Id":38373,"PostTypeId":1,"CreationDate":"2019-03-24T04:58:24.270","Score":3,"ViewCount":618.0,"LastActivityDate":"2019-03-26T21:07:32.037","AnswerCount":3.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I've been wondering about this. I know that, say, it is generally a crime to file a false police report, and the motivation for this seems logical because that it wastes police time and resources - and thus takes them away from being able to spend them on real leads, and thus also to degrade the public safety by that little bit.\n\n\nBut I also know that, if one admits to making a crime on a public forum, such as an Internet forum, it is possible that a prosecutor who is looking at such fora could potentially use the admission to bring charges, even if the admission is not specifically directed toward one. However, what I wonder about is if some of the above logic does not also, then, apply to a situation like this: if one were to, given this fact, *falsely* announce on such a forum that one had committed a crime that one actually did not, could it amount to having the same effect of wasting prosecutor\/law enforcement time albeit in a more indirect way that sneaks through their attitudes, and thus potentially also be considered some kind of crime?\n\n\n(I want to point out I'm not referring to making a false claim to be the perpetrator of a known crime, or to falsely claim someone else is that perpetrator to, say, get reward money. I'm referring specifically to announcing an *unknown* crime one did not commit, a crime that does not exist, on a public venue like a forum that is not *specifically* a channel to police or other authorities. If a prosecutor got ahold of it and tried to pursue it, and it were during the course of that proven a hoax, what would happen?)\n\n\nFWIW, the country in question is the United States.\n\n\n","text_label":"criminal-law","title":"Is it a crime to falsely claim to have committed a crime to someone not a legal authority?"} {"Id":11337,"PostTypeId":1,"CreationDate":"2016-07-02T12:23:47.517","Score":1,"ViewCount":5880.0,"LastActivityDate":"2022-05-02T18:37:20.597","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I am planning to build an online web app and a mobile app for learning vocabulary.\n\n\nFunctions:\n- User can create lists (eg. personalities, phrasal verbs etc.) and add words to the list with definitions.\n- These list can be made public.\n\n\nIf users were to copy dictionary definitions, for instance Oxford or Cambridge) and make the word lists public, is it a copyright infringement? Am I responsible for this activity? Can dictionary owners charge me against copyright issue?\n\n\n","text_label":"copyright","title":"Copyright infringment: using dictionary definitions"} {"Id":7559,"PostTypeId":1,"CreationDate":"2016-03-03T22:04:51.940","Score":1,"ViewCount":133.0,"LastActivityDate":"2016-06-18T21:14:15.083","AnswerCount":1.0,"CommentCount":4,"ContentLicense":"CC BY-SA 3.0","body":"The story of the [monkey who took a selfie](http:\/\/www.insurancejournal.com\/news\/national\/2015\/09\/25\/382768.htm) is, by now, probably widely known. Summary: a court said that the owner of the camera is not entitled to rights because the picture was taken by the monkey, not the human.\n\n\nMy question is the following: I saw a [video of a cat playing](https:\/\/www.youtube.com\/watch?v=v0zgQAp7EYw) the piano. \n(Hear me out...)\n\n\n(Her name is Nora).\nNow, I understand the *video* is the property of its author: a human being.\n\n\nBut what about the **\"music\"**. Just the notes. \nI also understand that if the \"music\" was taught by a human being (like what happens sometimes in a circus) the music is the human's, but in this case, when (it seems) the \"music\" is really \"played\" by the cat (rather randomly), is it copytight-able ? I understand the anumal cannot actually have the property, but can his owner?\n\n\nEDIT: I fogot to state one way this question can be tricky: \nOne difference is that the photographer didn't **own** the monkey, but the cat is definitely **owned**.\n\n\n(The [countries](http:\/\/www.theguardian.com\/technology\/2014\/aug\/22\/monkey-business-macaque-selfie-cant-be-copyrighted-say-us-and-uk) are UK and US)\n\n\n","text_label":"intellectual-property","title":"On the intellectual property of animals, a story of monkeys and cats!"} {"Id":74978,"PostTypeId":1,"CreationDate":"2021-11-30T23:53:10.663","Score":2,"ViewCount":59.0,"LastActivityDate":"2021-12-01T14:11:09.773","AnswerCount":3.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"How is damage calculated when infringing a copyright? I am seriously wondering how it's calculated. Let's say someone post an image he found on Google without attribution on facebook or reddit, then how would the damage be calculated? I am thinking the case would be rejected, because those images that don't have any watermark, and can be found on Google is unlikely to generate a lot of money. Moreover, it might increase traffic to the individual's blog or website if he has one, so I am curious, because if significant money could be obtained, everyone on social media would get sued by some law firm.\n\n\n","text_label":"copyright","title":"How is damage calculated when infringing a copyright?"} {"Id":57052,"PostTypeId":1,"CreationDate":"2020-10-10T15:09:01.223","Score":0,"ViewCount":30.0,"LastActivityDate":"2020-10-10T15:57:20.580","AnswerCount":0.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"1. Last year a client signed up for a yearly subscription of my product. He paid 14,99 \u20ac with 19 % taxes included.\n2. This year the taxes are only 5 %.\n\n\nHow much does the client pay?\n\n\nWhy I asked: PayPal demands 14,99 \u20ac of my clients (I benefit of the tax reduction) and Stripe demands only 13,23 \u20ac (the client benefits of the tax reduction). EDIT: Both are gross prices with 5 % taxes included.\n\n\n","text_label":"tax-law","title":"Who benefits of a tax reduction in subscription businesses? The company or the client?"} {"Id":47299,"PostTypeId":1,"CreationDate":"2019-12-10T05:40:39.523","Score":0,"ViewCount":93.0,"LastActivityDate":"2019-12-16T01:12:01.237","AnswerCount":0.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"I am wondering whether an employer can hire two people under the same job title and pay but deny them equal working conditions. \n\n\nFor instance, it is common practice for Walmart to hire customer service associates under a vague job title, and thereafter assign more dangerous tasks (stocking heavy products) to the more physically capable associates and the safer tasks (stocking light products) to the less capable associates. \n\n\n***More detail in response to comments***\n\n\nThe jurisdiction in California. \n\n\nI am wondering if employees are protected by law if they refuse to perform the strenuous work because they've been assigned that task too much compared to others. For instance, let's say that Bob has had to spend 5 hours a week stocking the coolers and freezers and 10 hours a week stocking water for 2 years, while Adam who has the same job title as Bob has rarely had to perform such work in the same time period (assume less than 2% of total hours worked), instead Adam does the easier tasks such as stocking chips, cosmetics products, and diapers. The reason the employer provides for this allocation is that Bob is more physically capable of doing hard work. \n\n\nIt seems to me that in such a case, Bob is being mistreated. He deserves an equal share of the easier tasks as Adam, and if the employer wants Bob to do the hard work, they should create a separate job title for him that imposes higher qualifications that ensures that those under the same job title are able to share the work equally. \n\n\nBy denying Bob access to working conditions comparable to Adam's, the employer is essentially denying him a job for which he is overqualified. And in doing so, the employer is able to get Bob's more rare labor for the same price as Adam's less valuable labor. \n\n\nLet's also assume Bob and Adam belong to the same protected classes. \n\n\nAs I understand it, Title VII and FEHA do not protect Bob from refusing, since he belongs to all the same classes as Adam. \n\n\nThis doesn't make much sense to me because if the employer had divided the tasks along protected class lines (i.e., gender or race) rather than by physical ability, then Bob would be protected. \n\n\nThe irony that I've noticed is that the very laws that were passed to protect qualified workers from discrimination now excuse discrimination against qualified workers. \n\n\nAre there other laws that protect Bob from such discrimination that does not require a showing of discrimination based on protected class? Maybe an implied term in the employment contract?\n\n\n","text_label":"employment","title":"Does VII help employers oppress workers, or are there other laws that compensate?"} {"Id":46416,"PostTypeId":1,"CreationDate":"2019-11-13T14:47:38.433","Score":0,"ViewCount":110.0,"LastActivityDate":"2019-11-14T21:25:01.793","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Please give me legal, black-and-white answer.\n\n\nWinklevoss Twins say someone stole their idea for Facebook and Judge awarded them some millions.\n\n\nBut how could have Winklevoss Twins protected themselves from being cheated in the beginning.\n\n\nWhat legal things could they have in place so\n\n\n1. They are not cheated to begin with (hence get credit for their idea)\n2. If programmer decides to cheat them anyway, the case is open-and-shut and Judge rules in their favor without case dragging for years.\n\n\nOn the flip side, let say programmer did in fact create Facebook. \n\n\nHow does programmer legally protect himself from people who claim idea was stolen, takes him to court, and ends up paying the accuser (even though the idea was his from the start)?\n\n\n","text_label":"intellectual-property","title":"How Could the Winklevoss Twins Have Legally Prevented Anyone from Stealing their Facebook Idea"} {"Id":38519,"PostTypeId":1,"CreationDate":"2019-03-28T10:14:32.863","Score":2,"ViewCount":208.0,"LastActivityDate":"2019-04-29T16:18:51.547","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"So I've been reading through the new copyright directive proposal and saw the pastiche exemption.\n\n\nSo take this hypothetical:\n\n\nI forgot how anime.js worked to animate something. \n\nI find a piece of example code on Stack Overflow that shows how it works to initalize it and to animate something to the left and then fade away \n\nI write my own implementation without copying the original code in my codebase, that does a different animation, move to the bottom and fade in, inspired by the code example on Stack Overflow.\n\n\nWould that be a pastiche? Or would that still fill under CC-BY-SA 3.0 because I took a work for inspiration, **not copied it though**, but created my own example inspired by that code, and am required to follow all requirements of the CC-BY-SA license?\n\n\nThe only references to pastiche I've been able to find have dealt with an artist reusing work for comedic or entertainment purposes from Britisch guidelines.\n\n\nMiriam webster defines it as: **a literary**, artistic, musical, or architectural work that imitates the style of previous work.\n\n\nCode is a literary work in my opinion. You write words in a document in a grammatically defined language, so theoretically with my interpretation, basing code upon someone elses code could interpret that as a pastiche.\n\n\nI'm mostly curious because of this part from the final text of the former article 13 text:\n\n\n\n\n\n\n> \n> The cooperation between online content-sharing service providers and\n> rightholders shall not result in the prevention of the availability of\n> works or other subject matter uploaded by users, which do not infringe\n> copyright and related rights, including where such works or other\n> subject matter are covered by an exception or limitation. \n> \n> Member States shall ensure that users in each Member State are able to rely\n> on any of the following existing exceptions or limitations when\n> uploading and making available content generated by users on online\n> content-sharing services: \n> \n> (a) quotation, criticism, review \n> \n> (b) use for the purpose of caricature, parody or **pastiche**\n> \n> \n> \n\n\nAnswers relevant to the European Union please, and i'm mostly interested if there are actual precedents for these \"outlier\" cases?\n\n\n","text_label":"copyright","title":"When I am inspired by code on Stack Overflow, and make workable code on basis of that code, is that also pastiche?"} {"Id":21509,"PostTypeId":1,"CreationDate":"2017-07-27T02:49:38.310","Score":1,"ViewCount":340.0,"LastActivityDate":"2017-09-25T11:51:42.630","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"If A and B are in a contract, with B liable to A, and a third party C takes over the liability of B to A without the consent or involvement of B, is the contract between A and C legal?\n\n\nI tried looking under 'assignment' but can't seem to find any precedent for this situation.\n\n\n","text_label":"contract-law","title":"Taking over liabilities\/debt without consent"} {"Id":9215,"PostTypeId":1,"CreationDate":"2016-05-13T11:36:02.783","Score":0,"ViewCount":79.0,"LastActivityDate":"2016-05-16T01:14:41.923","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"RED.com makes digital cameras for the cinematography industry and has tradermarks for \"RED\".\n\n\nI 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.\n\n\nThe 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: \n\n\nAm I looking for troubles using RED in a product name, even if RED is the gTLD?\n\n\nChanging 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.\n\n\n","text_label":"trademark","title":"Usage of trademarked generic top level domain"} {"Id":13148,"PostTypeId":1,"CreationDate":"2016-08-05T07:32:12.583","Score":2,"ViewCount":93.0,"LastActivityDate":"2016-08-05T10:16:27.300","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"My photographer's standard contract asserts ownership of all the images she creates, and allows me to create prints for personal use. But she also says she will delete all images 3 months after supplying them to me electronically. I will hold the only copies. Does she still own them even though she chose to discard them?\n\n\n","text_label":"copyright","title":"Does an author retain copyright of a work they have deleted?"} {"Id":78914,"PostTypeId":1,"CreationDate":"2022-03-28T11:33:05.830","Score":20,"ViewCount":4255.0,"LastActivityDate":"2022-04-15T07:27:26.653","AnswerCount":5.0,"CommentCount":10,"ContentLicense":"CC BY-SA 4.0","body":"In movies, it is often the case that we see police decline to proceed with a case because the victim \"refused to press charges\". Recently we saw this with the battery of Chris Rock by Will Smith on global TV that the LAPD refused to bring charges on as no complaint was made.\n\n\nIn my jurisdiction (Australia) law enforcement will prosecute offences regardless of the victim's views, based on the evidence available and as a \"breach of the peace\"\n\n\nIs it the case that Police in the US are unable to proceed with a charge if a victim declines to \"press charges\" and if so, how are murder charges or even more pertinently, domestic violence charges, brought to court?\n\n\n","text_label":"criminal-law","title":"\"Pressing charges\" - is it needed to bring a charge?"} {"Id":22974,"PostTypeId":1,"CreationDate":"2017-09-29T12:20:17.410","Score":0,"ViewCount":452.0,"LastActivityDate":"2017-09-29T19:49:19.563","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"If someone were to start using a trademarked company name with the word 'not' in front of it would it infringe their trademark?\n\n\ne.g. a company is called 'foo' and their name is trademarked and another company comes along and calls itself 'not foo'.\n\n\n","text_label":"trademark","title":"Is it trademark infringement if you put the word 'not' in front?"} {"Id":51293,"PostTypeId":1,"CreationDate":"2020-05-05T21:07:13.593","Score":0,"ViewCount":44.0,"LastActivityDate":"2020-05-05T21:07:13.593","AnswerCount":0.0,"CommentCount":6,"ContentLicense":"CC BY-SA 4.0","body":"Im building a simple website where people can save links and eventually share them with others.\n\n\nWhen a user enters an url, I fetch the meta data to present the link. \nThe text, like title and description, Im just saving in a database however Im in doubt what I should do with the image.\n\n\nShould I just always deeplink to the external image? Or can I save the image on my server? What are the legal options here?\nI can see that facebook seems to save their own copy of images that are shared through them.\n\n\n(The image will always be used in context with a link to the original link)\n\n\n","text_label":"copyright","title":"How to legally serve og:image"} {"Id":35634,"PostTypeId":1,"CreationDate":"2018-12-24T19:59:22.337","Score":1,"ViewCount":213.0,"LastActivityDate":"2018-12-26T23:17:16.110","AnswerCount":3.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"What can bind a party to a contract other than executing it by signing it by hand or electronically and delivering it? My question is only about this element in making a contract, not consideration or other elements. The other topic cited mentions that signing per se is not required, but something is, and therein is my question.\n\n\nI'm thinking of a situation in which person A imposes a burden on person B and person B wants to be paid for fulfilling that burden, but person A would decline to sign a contract, claims the burden is mandatory when it's not, and might worsen the burden if asked, so isn't asked to.\n\n\nExample: If someone visits a doctor for an office consultation, gets the consultation, and leaves and then the doctor sends a bill to the visitor, the fact that neither one ever discussed a contract or a price and that the office had no price posted would be irrelevant and a court would rule that the visitor owed. Maybe that's the case only for medicine and some other professions and not for, say, home party hosts, although I think that could be answered by establishing, somehow, that the service provider's service is commercially valuable and deserving of compensation even if the provider is not classified as a professional.\n\n\nIn one case, a jury was persuaded by a photo of a handshake. The parties were major companies, one well known and the other able to build or buy a factory for a big contract. I've also run into people who try not to sign anything due to a religious reason (I think), but they doubtless enter into contracts and execute them somehow, but I don't know how.\n\n\nHypothetical case: In the U.S., a person writes a letter to a carpenter known to make a living as a carpenter. (Any occupation will do for this purpose, especially one for which compensation is not always expected, such as house-cleaning.) Both are adult individuals. In the letter, the person asks the carpenter to make a chair. Assume nothing else is in the letter. The carpenter makes the chair and delivers it. The carpenter bills the person for the service. The person says there was no intention to make a purchase, just a thought that the carpenter would like to practice making a chair and seeing someone gladly sit in it. The person has sat in it, is glad for the experience, and happily accepts the chair as a gift. The carpenter never said anything about a gift. Would the person owe?\n\n\n","text_label":"contract-law","title":"alternatives to other party signing a contract"} {"Id":41739,"PostTypeId":1,"CreationDate":"2019-06-04T14:14:00.913","Score":0,"ViewCount":116.0,"LastActivityDate":"2019-07-04T00:11:54.520","AnswerCount":2.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"I have had a Limited company UK contract, with an Agency and worked at their end-client.\nAfter working for a few months, my role was suddenly terminated by the client (i.e. the end client, no reason given in writing). But she told (in writing ) that - they will be paying for the full notice.\n\n\nIt seems that - my agency signed me for 1 month (both way) on my contract but under the hood they seems to have signed 1\/2 month with the client. And now agency is saying they are unable to pay for the difference as client\u2019s only gonna pay for - what they want to pay\u2014 Since client is the supreme authority.\n\n\nWhat can we do about it? Will I be able to dispute with the agency on hidden shorter notice period which wasn\u2019t disclosed to me?\n\n\nCheers\n\n\n","text_label":"contract","title":"Notice period fraud"} {"Id":57318,"PostTypeId":1,"CreationDate":"2020-10-20T20:58:52.920","Score":0,"ViewCount":68.0,"LastActivityDate":"2020-10-21T14:36:59.967","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"\"There is no refunds with this purchase. If you are a mentor or are affiliated with any other trade teams you will be removed and will not be refunded if found. Legal action will be taken on any members that share our content. Vertex Investing are not financial advisors, Following trade ideas and trading in general does have an element of risk. Please do not risk capital you cannot afford. Vertex investing are not liable for any losses incurred.\"\n\n\nThis is what is in my terms and conditions... Someone is trying to get out of paying (of course I will be writing a proper contractual agreement after this) but how valid is my argument for having them pay?\n\n\n","text_label":"business","title":"How specific must a contract be?"} {"Id":23438,"PostTypeId":1,"CreationDate":"2017-10-19T07:21:48.163","Score":0,"ViewCount":40.0,"LastActivityDate":"2017-10-19T10:24:50.667","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"I have no background in law. \n\n\nI capture drone footage as a hobby, and want to license it to my local church for use in some of their non-commercial video productions. I want to ensure that they are not allowed to resell it, distribute\/share it, use without permission etc etc without obtaining permission from myself. \n\n\nI am supplying the footage on a hard drive, and am including a copyright notice on the disk (I shall also be drawing their attention to it via email). \n\n\nWhat can I do to ensure my footage is covered appropriately? Do I need to write a license agreement? Are you able to point me towards a fully formed license agreement template which I can use? Would it be better to just write an extended copyright notice which details that the footage may not be used without permission? \n\n\nI am fully aware of the Creative Commons licenses, but these allow the footage to be used by others which is something I want to restrict (almost open-sourcing the footage).\n\n\n","text_label":"copyright","title":"Writing a license agreement for my stock footage - where do I start?"} {"Id":74574,"PostTypeId":1,"CreationDate":"2021-11-15T20:45:14.740","Score":2,"ViewCount":94.0,"LastActivityDate":"2021-11-15T22:47:02.120","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Let's say I make a website, using my own words, and simple facts (We will call it Simple Math, so the article is about the basics of adding and subtracting, and the facts are math facts).\n\n\nAs I make this website, I pay close attention to make sure that I am not copying mathsite1.com. After I publish the site, mathsite2.com sends me an email saying I infringed their copyright. When I visit their site, their article is similar, but not exactly the same (Using different words and explanations, but the same basic outline).\n\n\nWhat would happen?\n\n\n","text_label":"copyright","title":"What happens if I unknowing copy an article in the US?"} {"Id":17255,"PostTypeId":1,"CreationDate":"2017-02-20T22:28:43.823","Score":4,"ViewCount":454.0,"LastActivityDate":"2017-02-21T02:44:34.487","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"We were just having a discussion whether [Lush's naming of a mouthwash as \"Pan Galactic Gargle Blaster\"](https:\/\/uk.lush.com\/products\/new-products\/pan-galactic-gargle-blaster) is benefiting from the popularity of the Hitchhikers Guide to the Galaxy series, which led to the intellectual property concerns behind this. My two questions are:\n1. Could the Adams estate legally challenge Lush in any way, for use of this name?\n2. Would Lush be able trademark the name, given they are actually trading a product with that name?\n\n\nI'm in the UK, but I'm sort of interested whether there are any interesting interactions of this sort between IPR law and products in works of fiction anywhere in the world.\n\n\n","text_label":"intellectual-property","title":"Can you trademark a proper noun from a work of fiction?"} {"Id":36055,"PostTypeId":1,"CreationDate":"2019-01-09T21:09:40.003","Score":0,"ViewCount":109.0,"LastActivityDate":"2019-01-09T21:42:28.300","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I'm a copywriter with a flair in creating games for children. \n\n\nI'm working for hire to create a board game in the lines of Monopoly without using any of their copyrighted terms like \"Go to jail\" etc. The format is the same with 9 steps on each side and four square zones for special situations. And some play money (or value-cards) for trading.\n\n\nHowever, my client does want to use the \"poly\" in the name. \n\n\nI have a game named Earth-o-poly on the environment. I wonder if they have had to go through the process of obtaining written permission or paying royalty of some sort.\n\n\nWhat if my client created an XXXXpoly game and have a regular board game where players don't have play money but some kind of cards to hold on to and pay taxes or pay fines etc.\n\n\nSo, summing up, here are my questions:\n\n\n1. Is it a coypright infringement if the generic format is used and XXXXpoly is used?\n2. What if the format is hugely modified\/changed but we only keep the \"poly\" suffix?\n3. Is it extremely expensive to negotiate and pay a fee to them to get the permission?\n4. Is there anything else I should keep in mind and didn't ask here?\n\n\nThanks, in advance, for your responses.\n\n\n","text_label":"copyright","title":"Copyright laws regarding using the suffix of an established Brand name"} {"Id":79912,"PostTypeId":1,"CreationDate":"2022-05-05T03:30:18.970","Score":-2,"ViewCount":200.0,"LastActivityDate":"2022-05-05T09:25:42.197","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"The girls then uploaded a video of him being held down naked to Youtube and they weren't prosecuted, why is this?\n\n\n\n\n\n","text_label":"criminal-law","title":"In 2011 two 14-year-old girls held an 11-year-old boy down and stripped him completely naked"} {"Id":64176,"PostTypeId":1,"CreationDate":"2021-04-17T00:40:36.797","Score":1,"ViewCount":46.0,"LastActivityDate":"2021-04-17T08:26:36.667","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"[The San Francisco 2004 same-sex weddings took place between February 12 and March 11, 2004](https:\/\/en.wikipedia.org\/wiki\/San_Francisco_2004_same-sex_weddings), and were then \u201cvoided\u201d on August 12, 2004.\n\n\nBut OBERGEFELL v. HODGES voids the voiding...\n\n\nCould these couples have been prosecuted for filing single for tax years 2004-2014?\n\n\n","text_label":"constitutional-law","title":"Were there retroactive changes to CA marriage laws about same-sex couples?"} {"Id":66526,"PostTypeId":1,"CreationDate":"2021-06-04T19:59:44.593","Score":0,"ViewCount":115.0,"LastActivityDate":"2021-06-05T14:11:52.937","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"Stack Overflow (the owner of the Stack Exchange network) has been sold to Prosus.\n\n\nOnce the deal closes, does that means that \"Stack Overflow\" no longer exists as a company? Is the Stack Exchange network then just a product that Prosus now owns and operates, or does Stack Overflow\/Stack Exchange still exist as a separate entity that Prosus simply entirely owns?\n\n\n","text_label":"business","title":"Stack Overflow has been sold to Prosus. Does it still exist as a separate legal entity?"} {"Id":62183,"PostTypeId":1,"CreationDate":"2021-03-18T03:44:37.740","Score":4,"ViewCount":151.0,"LastActivityDate":"2021-03-19T18:55:23.107","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"The [Emoluments Clause](https:\/\/www.law.cornell.edu\/wex\/emoluments_clause) of the Constitution bars people holding office from *accepting* a title from a foreign state. But what about a pre-existing title? If, say, the President appointed a Duke to head the Department of Education, or if an otherwise-qualifying Count was elected as a senator, would they be forced to abdicate before they could take office? Or no?\n\n\nIt at least seems to me that since the never-ratified Titles of Nobility amendment *did* specify \"accept, claim, receive, or retain\" (even if that was drafted 20 years later), that the Emoluments Clause was intended purely to prevent accepting a title once in office, but searching around I can't find if this ever came up in practice, or any commentary on this hypothetical situation.\n\n\n","text_label":"constitutional-law","title":"Could a person with a noble title take a federal office without abdicating that title?"} {"Id":24611,"PostTypeId":1,"CreationDate":"2017-12-06T22:08:18.597","Score":0,"ViewCount":59.0,"LastActivityDate":"2017-12-07T02:50:40.743","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"In various nerdy gaming communities, it's common for folks to produce higher quality tokens, play mats, and such containing artwork from the games. And some people will sell some of their works to basically pay for their hobby.\n\n\nQuestion 1: If someone digitally copies an image and prints it on a play mat without permission that's obviously not legal for them to sell, but is it legal for personal use under Fair Use?\n\n\nQuestion 2: Would it be illegal to use symbols from the game on tokens you create and sell? See links for an example of what I mean. The first link is actual card board images from the game. The second is the higher quality tokens someone produced. The reproduced drawings are ever so slightly different. What if they were identical? Does that matter? Or how different would they need to be?\n\n\n\n\n\n\n\n\n","text_label":"copyright","title":"Reproducing game art in various forms for personal use and\/or selling to friends"} {"Id":43128,"PostTypeId":1,"CreationDate":"2019-07-23T21:51:23.603","Score":0,"ViewCount":76.0,"LastActivityDate":"2019-07-24T20:43:34.373","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"I'm trying to start an app in the skin care category. I'm trying to come up with names, and one of the ones I'm considering is `Bree`.\n\n\nHowever, when I search USPTO for \"Bree\", I see a ton of results: \n\n\nI even see repeats of \"Bree\". Does that mean I can start the app without having to worry about trademark issues?\n\n\nThe most active one is by bree.com, but that's selling bags: \n\n\n","text_label":"trademark","title":"Trademarks: Can I start an app if an unrelated trademark already exists?"} {"Id":49490,"PostTypeId":1,"CreationDate":"2020-02-27T21:35:00.103","Score":0,"ViewCount":85.0,"LastActivityDate":"2020-02-27T21:48:12.457","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"If I find a meteorite do I get to keep it? Does it make a difference if I find it in my own lawn or on public land? I am especially interested how law is in European countries.\n\n\n","text_label":"civil-law","title":"If I find a meteorite do I get to keep it?"} {"Id":55720,"PostTypeId":1,"CreationDate":"2020-08-27T13:55:29.293","Score":39,"ViewCount":12727.0,"LastActivityDate":"2020-09-11T03:13:42.020","AnswerCount":4.0,"CommentCount":6,"ContentLicense":"CC BY-SA 4.0","body":"I am writing a software license myself before I hire a lawyer.\n\n\nIs it legal to copy a software license text from other companies to write my own?\n\n\nI could not find anyone talking about the copyright of the software license itself. But many software licenses have the same text.\n\n\nI found this post ([Is it legal to copy a website's terms of use?](https:\/\/law.stackexchange.com\/questions\/7901\/is-it-legal-to-copy-a-websites-terms-of-use)) but not sure if this applies to a software license\n\n\n","text_label":"licensing","title":"Is it legal to copy a software license text from other companies to write my own?"} {"Id":39088,"PostTypeId":1,"CreationDate":"2019-04-13T17:43:05.603","Score":1,"ViewCount":109.0,"LastActivityDate":"2019-04-13T20:13:48.580","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"Several times has happened that the definition of mental disorders\/ psychological-psychiatrist therapies\/theories have been proven wrong. Yet they have been applied over people causing them problems and harm in their lives. Usually graduated psychologists\/ psychiatrists are ignorant which is the supposed proof of these theories. They've been told they have been proven sometimes, sometimes they've been given some details, and they don't know they don't have a real basis behind them until it's massively accepted they are wrong. Personally, I see little to no responsibilities in them. In the other hand, governments and states promote these theories in secondary schools, they teach them and form professionals in national universities, and they hold the power to treat people in trials and to internate someone for being ill under these theories. Some other organizations, which I'm not very aware who they are, but I assume they might be colleges or agrupations of psychiatrists\/psychologists regulate their professional's activities, and I assume they might be the ones giving the content to national universities for the formation of professionals under these theories. When one of these theories\/therapies are proven wrong and have caused harm over people, who is the legal responsibility? \n\n\nI assume there aren't many cases like this, but I make the parallelism with biological sciences. If an association or group produces a medicament which is proven harmful for people later, and that association teaches doctors to give this medicament to people, with the approval and fundings\/places of national government created universities, it would be pretty much the same. Then, in the case stated in the topic question, who would be legally responsible for the application of these mainstream wrong psychological\/psychiatrist therapies?\n\n\n","text_label":"criminal-law","title":"Who would be legally responsible for the application of mainstream wrong psychological\/psychiatrist therapies?"} {"Id":57040,"PostTypeId":1,"CreationDate":"2020-10-10T00:40:36.427","Score":0,"ViewCount":34.0,"LastActivityDate":"2020-10-10T00:57:57.373","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I am a bit confused on what would constitute as an offer.\n\n\nIs telling someone that they will be paid for their work at either $Y or $X be an offer?\n\n\nWould replying to this invite and choosing $Y be acceptance?\n\n\n","text_label":"contract-law","title":"offer in contracts"} {"Id":26373,"PostTypeId":1,"CreationDate":"2018-02-26T16:57:30.060","Score":-1,"ViewCount":57.0,"LastActivityDate":"2018-02-27T02:48:58.987","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I'm currently looking to trademark a product name for my company. Through research, I've found that another company is selling a similar product under that name with no trademark whatsoever. Is it possible that I can continue to trademark my product name and have the right to send them a cease and desist; so that I may sell mine without any confusion?\n\n\n","text_label":"trademark","title":"Trademark infringement, cease and desist"} {"Id":18405,"PostTypeId":1,"CreationDate":"2017-04-13T21:38:54.927","Score":0,"ViewCount":83.0,"LastActivityDate":"2017-04-14T00:47:41.443","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I want to gather data on a catalog of types of products.\nFor example, lets say cars. I want to scrape a website (that is itself a catalog of information) for the different make and models of cars, parts, etc. All information that is factual and not opinion based or intellectual at all.\n\n\nEven if they have a terms of service that speaks against it, I don't see how it could be illegal given the nature of the information?\n\n\nIf it is illegal, would someone explain to me why?\n\n\n","text_label":"intellectual-property","title":"Legal to scrape data from a website if the data is not intellectual property?"} {"Id":43595,"PostTypeId":1,"CreationDate":"2019-08-10T22:21:13.397","Score":1,"ViewCount":27.0,"LastActivityDate":"2019-08-10T22:21:13.397","AnswerCount":0.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I am writing a book on best practice branding for entrepreneurs and want to demonstrate my points using well-known (as well as our own client) logos.\n\n\nThe logos will be used for illustrative, educational purposes and shown in a good light. I can put a line at the start of the book explaining that the use of the logo does not imply any endorsement or sponsorship from these brands.\n\n\nWill this be enough?\n\n\n","text_label":"trademark","title":"What are the laws on showing another company's logo in my book on branding?"} {"Id":29852,"PostTypeId":1,"CreationDate":"2018-06-28T14:28:41.303","Score":1,"ViewCount":450.0,"LastActivityDate":"2018-06-28T15:22:59.017","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"I was recently charged a $5 fee in error by a California based tech company. I disputed the charge via app and they issued me a \u201crefund\u201d in credits for future use of their service. I have not been able to contact the company in regards to getting my payment method refunded. I\u2019m upset at this shady business practice, because I am out of the $5 for their error no matter what and the only way I can experience the refund is if I use their service again. Personal feelings aside, I\u2019m genuinely interested if this is a legal way to conduct business. \n\n\nCan a company erroneously charge customers and issue credits as refunds instead of refunding the payment method directly?\n\n\n","text_label":"business","title":"Is it legal for a company to erroneously charge you and refund you in credits?"} {"Id":75057,"PostTypeId":1,"CreationDate":"2021-12-03T23:47:29.660","Score":0,"ViewCount":55.0,"LastActivityDate":"2021-12-03T23:47:29.660","AnswerCount":0.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"According to [IRS](https:\/\/www.irs.gov\/individuals\/international-taxpayers\/substantial-presence-test), I was never a US **tax** resident.\n\n\nBut there is a US bank that thinks I'm a resident in the US. I didn't update my info after leaving. I did fill out W8. I also filled out after leaving, not sure if they received my fax.\n\n\nCan being categorized as a `US resident` by the bank make me a tax resident in CA or US? Directly or indirectly.\n\n\nI don't want to face any surprises in the future\n\n\n","text_label":"tax-law","title":"Can being categorized as a `US resident` by the bank make me a tax resident in CA or US?"} {"Id":32125,"PostTypeId":1,"CreationDate":"2018-09-30T11:34:10.797","Score":3,"ViewCount":167.0,"LastActivityDate":"2018-12-16T12:03:10.627","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"My friend is facing the following problem:\n\n\nHer boss left the computer open and she then looked at his screen, where the salary of a coworker at her level (who since has left the company) was displayed. As his salary was considerably higher than hers; she was shocked and told a coworker about it, and also to her boss who left the his computer open. In a preemptive strike he reported it to the management but says that she went through his email, essentially accessing his computer without consent.\n\n\nNow human resources has written her an email, asking her to answer some questions next week. Her answers would then lead to a decision whether disciplinary actions would follow.\n\n\nThe questions are:\n\n\n* How did you find out about the salary?\n* Who did you share the information with?\n* Why did you think it is ok to discuss this with the colleagues you discussed it with?\n* What you expect to gain from discussing third-party salaries with colleagues\n\n\nIt is hardly illegal to look at somebody's screen. But is there an obligation not to disclose that information to colleagues? She is working for a company in the UK.\n\n\n","text_label":"employment","title":"Seeing a co-woker's salary on his screen"} {"Id":50609,"PostTypeId":1,"CreationDate":"2020-04-10T14:22:19.660","Score":1,"ViewCount":27.0,"LastActivityDate":"2020-04-10T14:28:45.047","AnswerCount":0.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"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. \n\n\nDo 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.)\n\n\n","text_label":"copyright","title":"Can I own the copyright for a translation of a public domain book?"} {"Id":74540,"PostTypeId":1,"CreationDate":"2021-11-14T22:27:43.730","Score":2,"ViewCount":71.0,"LastActivityDate":"2021-11-15T20:54:02.563","AnswerCount":1.0,"CommentCount":6,"ContentLicense":"CC BY-SA 4.0","body":"Let\u2019s say I want to create a website that helps people troubleshoot a topic. I get my facts and information from site A, and use that info to write my own articles (Not copying word for word, but stating the same ideas).\n\n\nSite A has this policy: \"Any duplication or use of images, diagrams, or text, or other electronic or printed publications is not permitted without the prior written agreement by Site A.\"\n\n\nCopyright.gov says this: \"Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.\"\n\n\nSo am I allowed to take the facts and information from Site A and use it on my own site? I will not take their images or interpretation of the facts, but just the facts themselves. And I will write my own articles and \"fluf\" based on the facts.\n\n\nNote: I live in the US\n\n\n\n\n---\n\n\nEDIT:\n\n\nI tried to add this as a comment but it was too long.\n\n\nSo my current understanding is that facts in lists of obvious order cannot be copyrighted, but their explanations or instructions can be.\n\n\nSo can I do this?\n\n\n**SITE A:**\n\n\nHow to fix a black screen on your computer\n\n\nFixing a black screen can be quite easy! Just follow these simple steps.\n\n\n1. Restart by holding down the power key for 5 seconds (This can help refresh the system if something is not working right)\n2. Remove the battery, then replace it (This can help remove all background operations)\n3. Throw it out the window because there is nothing else you can do to fix it\n\n\n**My Site**\n\n\nThis guide will show you how to fix a black screen on your computer!\n\n\n* Try holding down the power button for five seconds to reset the device.\n* If that does not work, try removing, then replacing the battery. Doing this can help stop any tasks your computer may be running.\n* If the above steps don't work, bring your computer to a repair shop for further analysis.\n\n\n","text_label":"copyright","title":"US Copyright Question"} {"Id":18136,"PostTypeId":1,"CreationDate":"2017-04-02T20:59:43.613","Score":3,"ViewCount":115.0,"LastActivityDate":"2017-04-03T09:31:33.890","AnswerCount":0.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"I'm creating a Christian game with KJV quotes which will be printed and published -via self-publishing- in the US. I understand the KJV is in the public domain worldwide, except for the UK. Could I have a problem if people from the UK bought the game and it was sent to them from the US?\n\n\n","text_label":"copyright","title":"If the KJV is still in copyright in the UK could I have a problem if people buy something quoting it from the US?"} {"Id":22554,"PostTypeId":1,"CreationDate":"2017-09-10T23:16:44.313","Score":1,"ViewCount":170.0,"LastActivityDate":"2017-09-11T19:27:33.763","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"In other words. if some evidence (but not conclusive) exists of somebody else comitting a crime, can a defence lawyer use this when representing their client?\nFor instance, in the Glen Sebastian Burns and Atif Ahmad Rafay case, where the two were accused of murdering the latter's parents, there was an FBI informant that had told the police that Islamic fundamentalists may have been responsible, although the police did not pursue this line of inquiry. Could a defence lawyer raise something like that in court?\n\n\n","text_label":"criminal-law","title":"Can a criminal defence lawyer talk about the possible guilt of other suspects when defending their client?"} {"Id":33138,"PostTypeId":1,"CreationDate":"2018-11-03T02:48:21.290","Score":1,"ViewCount":619.0,"LastActivityDate":"2018-11-03T13:43:33.907","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"As I understand it, Hitler's book *Mein Kampf* was originally copyrighted by Hitler, but, after the war, the Allies gave the copyright to Bavaria. (Was this legal? I guess I should post that as a separate question.)\n\n\nI just learned that Bavaria's copyright expired in 2016. I'd like to learn if there are any English translations that are also in the public domain.\n\n\nIn particular, I suspect an English version published by the Germans in 1940 for the planned invasion of England might be in the public domain.\n\n\nA copy is available online [here](https:\/\/archive.org\/details\/MeinKampf.StalagEditionOfficiallyAuthorizedByTheNSDAPIn1940ForTheInvasionOfBritain\/page\/n17). It is described as open source, contributed by the community, suggesting it's in the public domain. However, I wondered if the government of Bavaria could claim ownership of this work as a derivative of the original, German language edition.\n\n\nSo my specific question is this: Is the English-version edition of *Mein Kampf* linked to in the paragraph above in the public domain?\n\n\n","text_label":"copyright","title":"Public domain English translation of Mein Kampf"} {"Id":22549,"PostTypeId":1,"CreationDate":"2017-09-10T20:45:34.430","Score":0,"ViewCount":82.0,"LastActivityDate":"2017-09-21T14:28:20.667","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"We live and work in Boston, Massachusetts. I work for Company A in computers and my wife for Company B in medicine, both of us with clauses for intellectual property ownership in our employment contracts. Hypothetically, if I had a medical patent idea generated solely by me, would I need to take any precautions before discussing it with my wife to avoid giving her employer any claims to it? Or are there general protections because we're married?\n\n\n","text_label":"intellectual-property","title":"Any protections or precautions for discussing a patent idea with my spouse if she has IP clauses in her employment contract?"} {"Id":3740,"PostTypeId":1,"CreationDate":"2015-09-17T06:21:44.180","Score":8,"ViewCount":611.0,"LastActivityDate":"2017-11-12T20:15:51.643","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Hypothetical Facts\n------------------\n\n\n1. U.S. company (\"***A***\") hires Canadian worker (\"***B***\") [to work as an unpaid intern](https:\/\/law.stackexchange.com\/a\/3739\/794).\n2. ***B*** never physically leaves Canada and does all her work by telephone, computer and internet.\n3. ***A*** has a physical presence in the U.S. only.\n4. The parties enter into an ***internship agreement*** that, among other things, (purports to) commit\/s the entire arrangement to the jurisdiction of the U.S.\n\n\nQuestions\n=========\n\n\n1. Is ***A*** or ***B*** subject to Canadian employment law? (Will either party get into trouble with the Canadian government?)\n2. If so, what enforcement (and\/or punitive) mechanisms are available to the Canadian government to enforce their employment laws against ***A*** or ***B***?\n3. Can ***B*** later (successfully) sue ***A*** in a Canadian court for back wages?\n\n\n","text_label":"employment","title":"Are U.S. employers subject to Canadian employment law if they hire a Canadian to work remotely?"} {"Id":26411,"PostTypeId":1,"CreationDate":"2018-02-27T17:25:28.610","Score":1,"ViewCount":1722.0,"LastActivityDate":"2018-02-28T02:23:13.780","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"In the USA, suppose party A offers a contract to party B, who signs and returns said contract to A. The contract is a single document that has a few \"sections\" that each have a place to sign to show acceptance of that \"section\".\n\n\nNow suppose that before any material action is taken by either party to proceed with the contract, A offers B what is essentially the same contract but with some minor amendments (e.g. change of start date), which B then signs and returns to A. Fullfilment of the contract proceeds on both sides using the amended terms (eg the actual start date of the contract is the start date as per the amended version).\n\n\nDoes the signed copy of the second version of the contract override\/replace the first completely?\n\n\nMore specifically, suppose B initially opted to approve\/accept a particular section in the first version, but decided *not* to opt for that section in the second version and so did not sign that section and further suppose that A did not notice the change in acceptance. Much later, after a lot of work has been done and delivered by both parties, A asks B to comply with the particular section, but B points out to A that B didn't accept that particular section in the second version and B refuses to comply.\n\n\nCan A compel B to still accept the terms of the particular section because it was accepted in the first version and that section of the contract didn't change?\n\n\nOr does the issuing and signing of a second version open the door to B accepting the sections differently, especially given that the behavior of both parties aligned with the second version - both A and B started fulfilling their obligations on the amended start date.\n\n\nThe section is question does not affect the way in which the main part of the contract is fulfilled. For example, it might be the notice period required to terminate the contract without penaltya, or similar \"exit\" terms that wouldn't be realized until B wanted to leave the contract.\n\n\n","text_label":"contract-law","title":"Does a subsequent signed version of an amended contract\/offer override previous signed versions?"} {"Id":19099,"PostTypeId":1,"CreationDate":"2017-05-22T16:52:44.767","Score":3,"ViewCount":124.0,"LastActivityDate":"2017-05-22T18:19:38.880","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"I recently joined a large IT company, before joining I had concerns with my contract, it states that they own all rights over what I create (from ideas, software, you name it). \n\n\nI love making my own games, and I have a game I've worked on for over 2 years (long before I joined their company), so I did not like this part of the contract and said I could not sign unless they confirm that they won't try to take my game from me.\n\n\nI sent an email to the recruiter (who works for that company) and asked her to confirm that point X.x of the contract is only concerning products competing with the company. \nI got the response:\n\n\n\n> \n> As previously highlighted you do not need to be stressed at all in\n> regards to below situation with your company. As I have explained to\n> you what we protect us against in the contract is competing business,\n> if that was the case with yours. So I hereby can confirm below is the\n> case \u2013 and that it would only be an issue if you develop a competing\n> product or use our inside know how to create your business products.\n> Hope that makes sense. So ALL is good.\n> \n> \n> \n\n\nI felt like this was enough, but now I'm about to release my game and I really don't like the wording in the contract. Will this email I have protect me from them trying to steal my game?\n\n\nI am located in Scandinavia.\n\n\n","text_label":"intellectual-property","title":"Signed a contract with employer stating they own all my IP; they sent an email saying its only for competing products. Should I be worried?"} {"Id":8731,"PostTypeId":1,"CreationDate":"2016-04-22T16:44:45.070","Score":1,"ViewCount":628.0,"LastActivityDate":"2018-05-18T23:08:48.663","AnswerCount":2.0,"CommentCount":7,"ContentLicense":"CC BY-SA 3.0","body":"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.\n\n\nThe 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?\n\n\nI'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).\n\n\n","text_label":"privacy","title":"How can I get my DNA tested without the results being kept by third-party?"} {"Id":36809,"PostTypeId":1,"CreationDate":"2019-02-02T16:02:23.107","Score":2,"ViewCount":24.0,"LastActivityDate":"2019-02-02T16:02:23.107","AnswerCount":0.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"My brother and I bought a house together. I own 60% and he owns 40% (this is on the deeds). I live in the house and he does not. I have two lodgers living with me, who pay rent. \n\n\nTypically one is allowed \u00a37500 tax free lodger income if you live in the house. If you are joint owners you are supposed to split this 50-50 (\u00a33750 each). Hence I would be eligible for \u00a33750 income tax free, and my brother will be eligible for \u00a30 tax free since he does not live in the house. But would we be able to split it 60-40, since we are 60-40 joint owners?\n\n\n","text_label":"tax-law","title":"How to split Rent-a-Room scheme tax exemptions with joint owners"} {"Id":6544,"PostTypeId":1,"CreationDate":"2016-01-22T10:07:02.173","Score":0,"ViewCount":72.0,"LastActivityDate":"2018-10-12T00:32:19.937","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 3.0","body":"As I understand, J.K.Rowling owns right for characters, story, special words (like \"muggle\"), and so on. Warner Bros. has exclusive right to make movies based on the original books\/stories. \n\n\n[Here](https:\/\/www.quora.com\/How-would-I-go-about-acquiring-the-licenses-to-produce-Harry-Potter-related-merchandise) is a discussion on acquiring a license to produce Harry-Potter-related products. But what about movies, based on alternative stories in the same universe with the same characters?\n\n\nI imagine that one can just ask J.K.Rawling for her permission to make a movie based on a fanfic. Since it is not an original book\/story, which can be filmed only by Warner Bros, it means that one can make a deal to produce a movie based on fanfic, and pay, say, 80% of revenue to the author, if author is agreed :)\n\n\nBut I suppose this only possible in the ideal world.\n\n\n","text_label":"copyright","title":"How to shoot a movie based on Harry Potter fan fiction?"} {"Id":78593,"PostTypeId":1,"CreationDate":"2022-03-15T13:51:52.303","Score":-1,"ViewCount":80.0,"LastActivityDate":"2022-03-15T20:04:01.993","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"Sav.com had latency in the month of October. Therefore, Domains were not posted in my account, but the amount debited from the credit card. The same is accepted in written correspondence by sav.com that I had no active domains in my account + they have also confessed that domains for which they have charged my credit card are also available open in the market to be booked by anyone. W\n\n\nWhen I asked them why and how this happened they gave the hack theory that my account would have been compromised and domains would have been transferred or deleted. This is the case of complete fraud because the domains under question are still with a registry and open to be booked by any one in the market.\n\n\nI am based in India, and the merchant is based in USA.\n\n\nIs there any supervisory monitoring body that can ask domain registrar to process refund based on the relevant evidences.\n\n\n","text_label":"intellectual-property","title":"Credit card charged but domain not booked by a domain registrar where should I go against an International Merchant"} {"Id":3640,"PostTypeId":1,"CreationDate":"2015-09-14T14:46:10.817","Score":3,"ViewCount":129.0,"LastActivityDate":"2015-09-15T08:26:35.103","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"A standard way to license something under the GPL, is to grant a license to the \"GPL version 3 or later\", meaning that the recipient receives a license under the license terms of the GPLv3, or at their choice any later version of the GPL.\n\n\nI have been told that in the EU, or at least Germany this is impossible because the license constitutes a contract, and it's not lawful to enter into a contract that has terms that are unknown to you at the time of entering it. Is this correct?\n\n\n","text_label":"licensing","title":"Legality of \"Version x or later\" licenses"} {"Id":61390,"PostTypeId":1,"CreationDate":"2021-02-22T00:12:51.023","Score":0,"ViewCount":86.0,"LastActivityDate":"2021-02-22T01:21:13.890","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"\n> \n> 2. The expression 'warranty' legally signifies? Please select all that apply.\n> \n> \n> \n\n\n\n> \n> a term of a contract as opposed to a representation.\n> \n> \n> \n\n\n\n> \n> [The term 'warranty' is used to distinguish between a term (warranty) and a mere representation, and also to distinguish between terms that give no right to termination upon breach (warranties) and terms that do (conditions). **Service contracts for electrical and similar items are not really good examples of the use of 'warranty' in the legal sense, although they are, of course, separate contractual agreements (for which one pays, often heavily), containing a number of terms providing for what will happen if a fault develops.**](https:\/\/learninglink.oup.com\/access\/content\/taylor-directions7e-student-resources\/taylor-directions7e-chapter-5-self-test-questions?previousFilter=tag_chapter-05)\n> \n> \n> \n\n\n\n> \n> Reference: Sections 5.1.2, 5.4.1\n> \n> \n> \n\n\nIf warranties legally don't signify service or maintenance contracts, which are misstated as Warranties, then how do the legal definition of \"warranty\" relate to service or maintenance contracts? Why did corporations start misnaming service or maintenance contracts Warranties?\n\n\n","text_label":"contract-law","title":"Why are service or maintenance contracts called 'warranties', when they legally aren't warranties?"} {"Id":1639,"PostTypeId":1,"CreationDate":"2015-08-05T01:57:33.343","Score":31,"ViewCount":21927.0,"LastActivityDate":"2020-08-03T21:22:09.770","AnswerCount":3.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"From the [Wikipedia page](https:\/\/en.wikipedia.org\/wiki\/Trolley_problem) on the trolley problem:\n\n\n\n> \n> There is a runaway trolley barreling down the railway tracks. Ahead,\n> on the tracks, there are five people tied up and unable to move. The\n> trolley is headed straight for them. You are standing some distance\n> off in the train yard, next to a lever. If you pull this lever, the\n> trolley will switch to a different set of tracks. However, you notice\n> that there is one person on the side track. You have two options: (1)\n> Do nothing, and the trolley kills the five people on the main track.\n> (2) Pull the lever, diverting the trolley onto the side track where it\n> will kill one person.\n> \n> \n> \n\n\n[![enter image description here](https:\/\/i.stack.imgur.com\/UJuc8.jpg)](https:\/\/i.stack.imgur.com\/UJuc8.jpg)\n\n\nWhat are the legal aspects of finding yourself in a train yard in the United States when this happens? Is it a crime to pull the lever? Is it a crime to not pull the lever? Does it depend on if you're professionally qualified to pull the lever?\n\n\n","text_label":"criminal-law","title":"What is the legal take on the trolley problem?"} {"Id":73897,"PostTypeId":1,"CreationDate":"2021-10-22T19:47:33.837","Score":3,"ViewCount":34.0,"LastActivityDate":"2021-10-22T19:47:33.837","AnswerCount":0.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"Inspired by [this article](https:\/\/www.bizjournals.com\/sanfrancisco\/news\/2021\/10\/19\/auto-break-in-theft-retail-rewards-tourism-sfpd.html), how exactly is it determined who gets the bounty? Surely the police get many tips, do all informants get paid? Is the bounty split or do they all get the full amount? If it is split, how is it decided who gets what proportion?\n\n\nI am interested in both this specific case and the concept in general.\n\n\n","text_label":"criminal-law","title":"When bounties are offered for information leading to a conviction, how is it decided who gets it?"} {"Id":23102,"PostTypeId":1,"CreationDate":"2017-10-04T11:36:43.583","Score":1,"ViewCount":449.0,"LastActivityDate":"2017-11-22T15:40:58.207","AnswerCount":2.0,"CommentCount":6,"ContentLicense":"CC BY-SA 3.0","body":"My employer has recently undergone a number of changes internally, involving the move to different premises (with the argument about the new building being larger, however will accommodate roughly the same number of staff as the current building will occupy). As part of this, they have sent around an update to the employment contract which basically nullifies the flexible working hours which previously has been in effect. Many people I work with vary their working hours to fit in with their lives, and has been accepted - up to this point.\n\n\nThe business operated a core working hours of 10am to 4pm, but are changing this to 9am - 5pm, with a 30 minute \"flexible start\/end\" that employees can start and end their working day (e.g; 8.30am to 5pm, or 9am to 5.30pm) - effectively removing the concept of flexible working hours completely. This affects many people's lives, and some of my colleagues are petitioning to retain their flexible working hours, of which are being met with strict rules surrounding a mandatory lunch hour\/half hour, no option to work less than this to make up the time (despite being willing to), and one has been forced to drop their hours to 36\/week.\n\n\nThey also put in a clause to the portion that they're wanting everyone to sign which says that everyone must specify when, between the hours to 12pm to 2pm, they will take their lunch, and must be rigid over this (unless a meeting is occurring, in which case that overrides your lunch hour and you must take it later). This was also met with protest, and they eventually caved and relaxed this rigidity slightly, then sent across some minutes from that meeting ratifying this. They will not, however, update the contract to reflect this as they've said that the meeting minutes ratifies it. However, we don't believe this would ever stand up in court if a dispute ever arose. Is this true?\n\n\nThe final part of this demands flexibility from the employee for the business's requirements (e.g; if a meeting runs late\/starts early, the employee is expected to be there), but will not offer the same level of flexibilities to staff who currently have lives (unless they offer a rigid, business-valid justification for doing so). It's almost as if they're \"offering\" this 30 minutes of flexibility to save face because on paper the revision is a load of rubbish.\n\n\nMany people do not want to sign this, as it significantly affects their lives (I myself work earlier in the morning to finish at 4pm to miss rush hour traffic in both directions, and so I have a little bit of daylight left at the end of the day - however I've been told that I would not be able to petition for flexible working hours with these reasons as they are not valid and would be rejected..and have also been told that I would be one of the worst affected by the change in rules). The move to the new building also offers no car parking space, so those that currently park on the company's property are effectively having to take a pay cut in order to pay for parking, or obtain an alternative means of getting to the office - usually at the additional expensive of significantly increased commute times.\n\n\nMy question is basically this - Can they legally do this? What are the options for employees if they disagree to the new rigid rules and will (or have) get a formal request for flexible working hours rejected because their reasons are not \"valid\" in the eyes of the business? If the company lets staff go as a result of not agreeing to these rigid terms, are there grounds for constructive\/unfair dismissal?\n\n\nSorry I've rambled on a bit, but it's quite difficult to get a lot of this across. Hope someone can help.\n\n\nEdit: sorry, jurisdiction is England & Wales. Company is based in England.\n\n\n","text_label":"employment","title":"Employer forcing everyone to sign new contract which significantly affects working hours"} {"Id":46757,"PostTypeId":1,"CreationDate":"2019-11-22T19:46:24.230","Score":1,"ViewCount":126.0,"LastActivityDate":"2019-11-23T01:13:29.080","AnswerCount":3.0,"CommentCount":4,"ContentLicense":"CC BY-SA 4.0","body":"Recently, [a vegan customer sued Burger King because a plant-based burger he bought at a Burger King franchise was cooked on a grill also used for cooking meat](https:\/\/www.bbc.co.uk\/news\/world-us-canada-50486664).\n\n\nThis got me thinking: who would usually be liable for this sort of case?\n\n\nWould it be...\n\n\n* the franchisor (Burger King),\n* the franchisee (the actual restaurant owner), or\n* the employee\n\n\nI'm interested in not only the answer in Florida, where this occurred, but in other places around the world too.\n\n\n\n\n---\n\n\nMy question is not entirely specific to this example: I'm asking in general. If, for example, an employee cooked a vegan patty on a meat grill *even though it shouldn't have been done, as per company rules*, would they be liable , or the franchisee, or the franchisor?\n\n\n","text_label":"liability","title":"Who is liable when a consumer sues a company?"} {"Id":49638,"PostTypeId":1,"CreationDate":"2020-03-03T22:02:47.023","Score":0,"ViewCount":358.0,"LastActivityDate":"2020-03-03T23:20:17.473","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"My husband and I would like to complete a remodeling job on our home. The relationship between us and the contractor has gotten tense as there are many errors that need correction. We have sought estimates for repairs from other contractors. Before the original contractor will approve the estimates to be deducted from our final payment the original contractor is trying to force us to sign a non disparagement contract. Can they do this legally? \n\n\n","text_label":"contract-law","title":"Contractor v homeowner. Disparagement clause"} {"Id":56497,"PostTypeId":1,"CreationDate":"2020-09-21T07:52:22.057","Score":4,"ViewCount":103.0,"LastActivityDate":"2020-09-27T01:39:18.743","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"So I've heard some people (even in media, I think) say that in the United States, there's some law (or regulation) about digital\/technology companies saying that they must provide access to their users' information to the government (i.e., a backdoor) no matter what. But I can't find any reliable references to that. Can someone please provide me reliable information about any such laws or regulations that exist?\n\n\n","text_label":"privacy","title":"Is there a US law requiring companies to provide the government with access to their users' information?"} {"Id":24259,"PostTypeId":1,"CreationDate":"2017-11-20T21:24:00.913","Score":1,"ViewCount":71.0,"LastActivityDate":"2017-11-22T20:20:00.233","AnswerCount":2.0,"CommentCount":5,"ContentLicense":"CC BY-SA 3.0","body":"We are using some of my pre-existing, personally copyrighted open source software libraries at my employer. Recently they have asked me to \"fix\" the copyright so that it is theirs.\n\n\nI have no objection to them owning a version of the code, i.e. that they own the copyright to, however I want to retain the ownership and copyright of the original code as it existed before I came here.\n\n\nIs there a reasonably painless way to achieve this?\n\n\nThanks.\n\n\nCross-posted from Open Source, per a commenter's suggestion.\n\n\n\n","text_label":"copyright","title":"Can I assign a 2nd copyright to my employer"} {"Id":27755,"PostTypeId":1,"CreationDate":"2018-04-18T13:46:57.650","Score":4,"ViewCount":239.0,"LastActivityDate":"2018-04-19T04:33:52.147","AnswerCount":2.0,"CommentCount":4,"ContentLicense":"CC BY-SA 3.0","body":"Granted, they screwed up: yesterday was the deadline for filing income tax returns, and the IRS web site for e-filing crashed for half a day. Because of that crash, the Secretary of the Treasury has announced that the deadline has been extended by one day.\n\n\nDoes the IRS have the legal authority to make this change?\n\n\n","text_label":"tax-law","title":"Does the IRS have authority to extend the filing deadline?"} {"Id":74751,"PostTypeId":1,"CreationDate":"2021-11-21T16:00:04.397","Score":9,"ViewCount":3379.0,"LastActivityDate":"2021-11-21T17:40:33.893","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"A theoretical company existed which used to be registered in the United Kingdom and has since been dissolved.\n\n\nThe company was a SaaS(Software as a service) company.\n\n\nThe code was written by **Person A**, who was a minority shareholder director of the company.\n\n\nThere was no copyright, trademark or other license on the actual code files themselves and the original developer has access to the entire complete codebase.\n\n\n**Question:**\nWho 'owns' the code?\nWhat freedoms does **Person A** have to use the code in a similar or project of their choice?\n\n\n","text_label":"software","title":"Who owns the software created by a dissolved startup company?"} {"Id":13954,"PostTypeId":1,"CreationDate":"2016-09-13T13:58:59.873","Score":0,"ViewCount":2348.0,"LastActivityDate":"2016-09-13T15:24:13.667","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"I have been in a number of discussions, which the other party described the contract terms verbally in a way to convince me to proceed with the contract. I want to ask if this is not fraud, and how to handle such situations. To clarify the point, what I mean is for one of the parties to state a definition of the terms which is not the same as the intuitive meaning of the definition of the content. \n\n\nAn example would be a number of intellectual property contents I have seen recently. On one occasion, the HR contact told me in email that they forwarded my concerns to the corporate attorney. The person then replied inline to comments stating that the content is meant to protect the information they shared with me. Given that I was not about to work on a research and development effort, this seemed like a lie to me. Can an organization, or an attorney be liable for such action. Given that the email did not contain the person's name, I would imagine this action is not ok at some level; but how illegal is it? And what would happen if such a signed contract is used to force someone to comply? Can a non-attorney claim that they were lied to, and produce the email in support of it? \n\n\nThis is probably an area, which I like to learn more about. That is interpretation of a content. I think is an strength in the legal profession, and I would greatly appreciate any content or keywords you can suggest to me.\n\n\n","text_label":"contract","title":"Is it illegal to misinform someone about the terms of a contract"} {"Id":58458,"PostTypeId":1,"CreationDate":"2020-11-23T09:09:37.753","Score":1,"ViewCount":103.0,"LastActivityDate":"2020-12-27T21:50:35.777","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"This question is with respect to tax law in India(you may also answer with respect to USA).If someone makes a software then popularizes it .The person has invested RS 100000 in making tghe software and RS 10000 on popularizing it.Now a person buys the software for Rs 10000000.The software developer files an income tax return for Rs 0 stating that because of popularization the price of it has increased to Rs 10000000.Will it be legal?How is the value determined?\n\n\n","text_label":"intellectual-property","title":"How is value of intellectual property decided?"} {"Id":33074,"PostTypeId":1,"CreationDate":"2018-10-31T19:29:58.857","Score":-2,"ViewCount":986.0,"LastActivityDate":"2019-04-17T18:12:59.790","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I'm a freelance web developer and I entered into a contract with a client in August 2018. The contract was set to end and product delivered by October 5 2018. However, due to the client changes in ideas and work in progress, we went way past that end date and now I am only going to deliver the final work in 2 days. \n\n\nGiven that there is a clause in the original agreement which states that in case of changes in ideas and the work takes more time at my sole discretion, then the client will allow more time to deliver. All of that is good.\n\n\nHowever, I want to change the end date of the Original contract to November 2 2018 but I am not sure if that's possible, given it's already past October 5.\n\n\nCan I actually amend the original contract now and say the end date changed to November 2nd 2018 and then amend some sections of the contract as well, to remove some sections and also to add some sections?\n\n\n","text_label":"contract-law","title":"Can I amend a contract after end date"} {"Id":52187,"PostTypeId":1,"CreationDate":"2020-06-09T02:02:30.763","Score":12,"ViewCount":3598.0,"LastActivityDate":"2021-09-20T21:20:22.503","AnswerCount":3.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"I am planning on writing a book that happens in a universe separate from Dungeons and Dragons universe but I want to have a character be a Kenku.\n\n\nI know that they are copyrighted for use in other RPGs. But what about in books? Would I just have to change the race name, but can I keep all the attributes? The Kenku is going to be cursed to look like a human. They talk by mimicking things they hear. The main character is trying to fix the curse but doesn't know that the Kenku is a Kenku. The main character thinks the Kenku is a human cursed with some type of impaired speech which makes it hard to understand him.\n\n\nHow do I find what I am able to use and what I can't use? Would the be in the Open Gaming License? Or somewhere else? \n\n\n","text_label":"copyright","title":"Is it possible to use creatures from an RPG (like Dungeons and Dragons) in writing a book without infringing on copyrights?"} {"Id":53224,"PostTypeId":1,"CreationDate":"2020-07-14T14:52:58.157","Score":0,"ViewCount":231.0,"LastActivityDate":"2020-07-23T14:06:00.467","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"In many countries of the European Union, abortions are performed on women after knowledge of down syndrome in the embryo. In some countries this disease has almost disappeared from the population. And according to MIT news in recent months, we are now on the verge of being able to detect other diseases such as some form of diabetes.\n\n\nWe must not forget that we can also already suppress HIV in births, even if for this virus, the probability of seeing it disappear from the population is much lower.\n\n\nAll this means that in a few years the countries of the European Union will be able to create populations almost disease-free at birth.\n\n\nThe definition of eugenics is :\n\n\n\n> \n> the study of or belief in the possibility of improving the qualities of the human species or a human population, especially by such means as discouraging reproduction by persons having genetic defects or presumed to have inheritable undesirable traits (negative eugenics) or encouraging reproduction by persons presumed to have inheritable desirable traits (positive eugenics).\n> \n> \n> \n\n\nAnd we already know that [article 3 of EU charter of human rights prohibit \"eugenics practices\".](https:\/\/fra.europa.eu\/en\/eu-charter\/article\/3-right-integrity-person)\n\n\nMy first question is : Why does practices are not considered as eugenics practices following EU charter of human rights ? And my second question is : If it is proven that the constitution of human rights does not prevent such abortions, does this mean that it does not prevent abortions based on the probabilities of the height or IQ of the future child either?\n\n\n","text_label":"constitutional-law","title":"Is abortion of children with Down's syndrome legal in EU?"} {"Id":8415,"PostTypeId":1,"CreationDate":"2016-04-09T03:40:48.543","Score":3,"ViewCount":453.0,"LastActivityDate":"2018-11-29T19:01:35.207","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 3.0","body":"This all happens in Minnesota. \n\n\nEmployee E worked for company A and had standard noncompete agreement. Agreement has an assignment clause assigning rights to any successor. Company B buys most business units of company A and hires most employees. Seller of A starts new company N. E stays with seller of A and works for new company N. Assume it's clear that language of noncompete contract assigned to B all rights of all of A's employees who now work for B. \n\n\nA was in the business of providing medical billing services to hospitals. E worked in that industry when hired by A. During employment E developed a product to detect fraud within hospitals and stopped working on billing and started working on the product. When B buys A, it only buys the billing business. Seller of A starts new business explicitly to sell fraud product and invites E to come along. There is an implied option for E to stay on and work for B, but B does not express interest in E and has no contact with E before the sale. Seller has an explicit new agreement with B (it is specific to seller the person) that seller will not engage in medical billing business. E has no new agreement. \n\n\nSeller commences new business N. E has no new agreement or paperwork with N. Not even a tax form. N is a small company and does not provide health insurance but since E received benefits under his spouse's employer there was no change in status in that regard. The only change is that auto deposit pay checks were now from N. \n\n\nHospital who previously worked with seller at company A contacts seller, asking for consulting work on a billing problem. Because of seller's agreement with B, the consulting contract is written between hospital and B, with N working under a separate agreement with B. Basically N does all the work while B prints invoices and sends 50% of money to N. \n\n\nSeller goes to hospital and brings E along for the consulting job. In the course of the work, hospital offers E a job. Not just a job, the job - the one that's being filled by the contract work. Counsel for hospital sees no problem with the offer as it relates to hospital's actions and let's assume that's a correct assessment. But what about E? \n\n\nIs there any legal doctrine whereby E's agreement with A continued to apply to E in his work for company N? What about B? Do they have any standing to block E's going to work for a B's customer? My thinking here is that E technically has a noncompete agreement with B but perhaps there is a generally accepted public policy theory whereby employers can't enforce agreements against former employees especially under these facts. \n\n\nReasonable minds may suggest that neither B nor N have an interest in blocking the employment. But let's assume seller is pissed bc now E won't be available to develop product for N and B is pissed because the hiring stops the gravy train and cuts off future potential work. \n\n\n","text_label":"employment","title":"Noncompete, nonsolicit, nondisclose agreement company that was sold. But wait, there's more"} {"Id":19130,"PostTypeId":1,"CreationDate":"2017-05-23T11:25:59.547","Score":-1,"ViewCount":67.0,"LastActivityDate":"2017-05-27T13:51:44.797","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"If a contract contains both of the following clauses, how do they not contradict each other?\n\n\n\n> \n> 24.3 Each party agrees that it shall have no right or remedy (other than for breach of contract) in respect of any statement,\n> representation, assurance or warranty (whether made negligently or\n> innocently) other than as expressly set out in this Agreement.\n> \n> \n> 24.4 Neither party shall have any liability to the other party, whether in contract, tort (including negligence), breach of statutory\n> duty, or otherwise, for any loss of profit, or for any indirect or\n> consequential loss arising under or in connection with this Agreement.\n> \n> \n> \n\n\n","text_label":"contract","title":"How to reconcile waiver and liability terms of a contract?"} {"Id":45895,"PostTypeId":1,"CreationDate":"2019-10-27T20:44:32.237","Score":-2,"ViewCount":144.0,"LastActivityDate":"2019-10-27T23:20:05.823","AnswerCount":1.0,"CommentCount":7,"ContentLicense":"CC BY-SA 4.0","body":"Let's suppose that a person, who has no longer anything to lose and willing to drag an innocent along with him, sends money to an innocent via bank, calls the innocent person by telling them \"I sent you the money for [such and such illegal act]\" and hangs out immediately and blocks the innocent's number.\nThe innocent of course, a per title, did nothing and every mean of comunication or electronic mean of the actual perpetrator is tracked, from bank accounts to phone number and social media, and the perpetrator does know this and by this is willing to involve this innocent person, and by the proper investigations, it is found that the perpetrator had contact with the innocent poor guy- What's the legal ruling on the innocent on this case? Can the innocent individual be dragged in court for messages and money he didn't ask for and for communications interactions not depending on him?\n\n\n","text_label":"criminal-law","title":"Hypothetical scenario in which an innocent person is involved and dragged in"} {"Id":67169,"PostTypeId":1,"CreationDate":"2021-06-28T22:05:41.000","Score":3,"ViewCount":1218.0,"LastActivityDate":"2021-06-29T01:15:18.987","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"If I contract a company from the U.S. is the contracted company bound by U.S. laws and also how can we insure that this company can be sued within the U.S. jurisdiction if they are located outside of the country. How does that work exactly?\n\n\n","text_label":"contract-law","title":"Legal issue when contracting a company outside of the U.S"} {"Id":43556,"PostTypeId":1,"CreationDate":"2019-08-09T14:12:52.413","Score":1,"ViewCount":59.0,"LastActivityDate":"2019-08-09T14:35:13.913","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Is there a legal term or definition to use in an appeal when a lower court judge has set an impossible standard of evidence in his decision? In a property tax appeal,a judge has ignored higher court precedents and extrapolated other decisions to effectively eliminate the possibility of proving a non uniform tax assessment rate. I would think that such a decision would be invalid on its face.\n\n\n","text_label":"tax-law","title":"What Remedy When a judge sets an impossible standard of evidence?"} {"Id":5139,"PostTypeId":1,"CreationDate":"2015-11-10T20:41:53.553","Score":35,"ViewCount":7113.0,"LastActivityDate":"2015-11-11T17:25:21.193","AnswerCount":1.0,"CommentCount":12,"ContentLicense":"CC BY-SA 3.0","body":"I was just informed of this situation that occurred somewhere by a co-worker, and was wondering what the legal ramifications are (U.S. Law). To be clear, the scenario is as follows:\n\n\n* I tell my boss I've been offered a position at another company.\n* My boss later comes to me with a counter offer of a raise, if I choose to stay with them\n* I accept the counter offer, and inform the other company that I have chosen to stay with my current employer\n* After a week, my boss then informs me that I'm being let go, and that this should serve as a lesson to not mess with him.\n\n\nFor the above scenario, regarding U.S. law, do I hold any legal grounds against this? What options would I have to defend myself (and my family) from being blatantly told that I was fired because I was willing to accept another offer without some other counter-offer from my current employer?\n\n\n\n> \n> As for the chap this did happen to, I'm informed that he contacted the company who originally gave him the offer, and they were still willing to bring him on-board. So, yay (somewhat) happy ending to an otherwise terrifying situation. However, I'm specifically asking about the scenario in which he was forced to be unemployed for some period of time, while looking for another job (i.e., the other company no longer had the position open)\n> \n> \n> \n\n\n","text_label":"employment","title":"Do I have legal rights against a company that offered me a raise to not leave, and then promptly fired me after turning down the other offer?"} {"Id":56,"PostTypeId":1,"CreationDate":"2015-05-27T02:39:05.263","Score":20,"ViewCount":1277.0,"LastActivityDate":"2015-06-08T19:00:37.950","AnswerCount":3.0,"CommentCount":4,"ContentLicense":"CC BY-SA 3.0","body":"![Screencap of a Simpsons episode showing Sprawl-Mart](https:\/\/i.stack.imgur.com\/lA8bY.png)\n\n\nOften, when I watch TV shows, I'll see or hear about an imitation of a real brand name. \n\n\nAs an example, here is a parody of Walmart from The Simpsons\nThe store in the picture is unambiguously supposed to represent Walmart. They're even using Walmart's Styling\n\n\nIs there any legal reason why they do this? and if there is, does it provide any actual legal protection? \n\n\n","text_label":"intellectual-property","title":"Is there a legal reason why fictional shows use imitation brand names?"} {"Id":7453,"PostTypeId":1,"CreationDate":"2016-02-29T21:06:52.567","Score":0,"ViewCount":95.0,"LastActivityDate":"2016-10-20T15:20:34.610","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I have the permission of the authors to create an audio version of a book published in 2015. The audio version would be licensed under a Creative Commons license.\n\n\nThe book is published by [Routledge](https:\/\/www.routledge.com\/) under the following conditions:\n\n\n\n> \n> \u00a9 2015 selection and editorial material, Giacomo D\u2019Alisa, Federico\n> Demaria and Giorgos Kallis; individual chapters, the contributors. The\n> Introduction, Epilogue and chapters 14 and 36 are subject to copyleft\n> licensing.\n> \n> \n> FROM THE CONTRACT \n> \n> \n> 3 Copyright\n> 3.1 The copyright in the Editor\u2019s part in and to the Work and any Contribution written by the Editor for inclusion therein will remain\n> the property of the Editor but nothing in Clause 3.1 (this clause)\n> shall affect any rights separately granted by Contributors to the\n> Publishers. The copyright notice to be printed in the Work will be in\n> the name of Giacomo D\u2019Alisa, Federico Demaria and Giorgos Kallis for\n> selection and editorial material and in the case of Contributions, the\n> name of the copyright owner of the particular contribution with year\n> of first publication.\n> \n> \n> (a) In consideration of the payment to the Editor of the fee and\/or\n> applicable royalty percentages of the Publishers\u2019 receipts set out in\n> Clause 9, **the Editor grants to the Publishers the sole and exclusive\n> right and license to adapt, produce and publish**, and to license others\n> to adapt, produce and publish, the whole or any part of the Editor\u2019s\n> part in and to the Work and any Contribution written for inclusion\n> therein or any abridgement, adaptation or translation of the Editor\u2019s\n> part in and to the Work, **in all forms and media**, in the English\n> language only throughout the world for the full term of copyright,\n> (including all renewals and extensions of that term). \u2026\n> \n> \n> \n\n\n","text_label":"contract-law","title":"Am I allowed to create an audio book from a printed book published by Routledge?"} {"Id":6862,"PostTypeId":1,"CreationDate":"2016-02-02T15:46:59.030","Score":1,"ViewCount":350.0,"LastActivityDate":"2016-02-02T20:32:03.367","AnswerCount":4.0,"CommentCount":3,"ContentLicense":"CC BY-SA 3.0","body":"Hypothetical situation:\nMiss X, a software developer with 10 years of experience, has obtained a new job. On her first day she logs into her desktop computer and the operating system requests that she chooses a password.\n\n\nA few minutes later her line manager comes to talk to her and asks her to write the password to a piece of paper, place it inside an envelope, and seal and sign that envelope. He explains that if he needs access to the account when she is unreachable, he will open the envelope and use the password.\n\n\nIn USA, can Miss X legally decline the request for her password?\n\n\n","text_label":"employment","title":"Can my manager request my password?"} {"Id":18672,"PostTypeId":1,"CreationDate":"2017-04-28T21:25:09.657","Score":0,"ViewCount":70.0,"LastActivityDate":"2017-04-28T23:00:27.427","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Suppose I have a firm named Blue. I signed a contract with a firm, named Green, to manage our fleet of motorcycles. The contract states \"Green shall solicit and negotiate contracts with qualified independent contractors approved by Blue owners for repairs to the property motorcycles\".\n\n\nDoes that statement prevent our firm, Blue, from contacting and negotiating contracts directly with contractors to repair our motorcycles?\n\n\n","text_label":"contract-law","title":"Does \"shall\" in a contract preclude the other party from performing a task?"} {"Id":58934,"PostTypeId":1,"CreationDate":"2020-12-05T19:43:15.983","Score":1,"ViewCount":92.0,"LastActivityDate":"2020-12-06T20:56:06.850","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"So if I lend a friend\/family like 5k$, do I have to pay tax on that money when my friend\/family pays it back to me?\n\n\nA more concrete example: my brother in the USA would send us let's say 5k$ for some stuff. He's in the USA and we're in another country (Romania). After we send the 5k$ back, will he have to pay tax back on it?\n\n\nWe're talking about bank to bank transactions.\n\n\n","text_label":"tax-law","title":"Do you have to pay tax on money received after a friend\/family repays money you lent them?"} {"Id":55566,"PostTypeId":1,"CreationDate":"2020-08-21T20:23:06.147","Score":0,"ViewCount":149.0,"LastActivityDate":"2020-08-23T06:48:50.370","AnswerCount":3.0,"CommentCount":8,"ContentLicense":"CC BY-SA 4.0","body":"Some time ago, a few people set up a fundraiser to solicit private people to give money to fund a government project that was *not* meant as a gift to reduce the debt of the public. The campaign went sideways (embezzlement and fraud in the inducement are alledged), but I am more interested in the original idea, which I heard was illegal or even unconstitutional:\n\n\n* Why can't the federal government (the executive!) take the money raised by private citizens to fund a project they started? or phrased differently: What's the law that regulates it?\n* What is the *legal* difference between such a campaign (private citizens wanting to *gift* money to the government to fund a program) and war bonds?\n\n\n","text_label":"constitutional-law","title":"Is it legal to give money to the Federal Government to fund specific projects?"} {"Id":55476,"PostTypeId":1,"CreationDate":"2020-08-19T11:08:31.840","Score":-1,"ViewCount":95.0,"LastActivityDate":"2020-08-19T20:46:00.093","AnswerCount":3.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"this question is for the jurisdiction of the united states, Washington state, pierce county, tacoma city.\n\n\ni am planning to sell some stuff on a phone app called \"offer up\" and one of the main features of the app is that it can show you items that are for sale within driving distance, and as such, you can drive to people, or people can drive to you, that day, exchange cash for the goods, then be on your way.\n\n\nmy question is If i sell something on a web app, and the person pays me with a counterfeit bill, and i don't recognize the bill as counterfeit, will i be held criminally liable when i take it to the bank? or do i have to \"knowingly possess\" the counterfeit bill, will the fact that i was scammed hold up and not get me arrested, charged, or convicted?\n\n\nthanks.\n\n\n","text_label":"criminal-law","title":"If i sell something on a web app, can i be held liable if they pay with a counterfeit bill and i take it to the bank?"} {"Id":53629,"PostTypeId":1,"CreationDate":"2020-07-26T03:41:06.393","Score":0,"ViewCount":55.0,"LastActivityDate":"2020-07-26T06:38:24.200","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Apparently the Ronald Reagan Institute claims to own Ronald Reagan's image and [claims the ability to prevent the use of his image for commercial gain](https:\/\/www.chron.com\/news\/article\/RNC-Trump-campaign-told-to-stop-using-President-15434408.php).\n\n\nI am pretty sure I am allowed to sell pictures of George Washington, Abraham Lincoln, and John F. Kennedy for profit. But I can't sell images of Ronald Reagan for profit?\n\n\nAt what point does a person's image enter the public domain?\n\n\n","text_label":"intellectual-property","title":"At what point does a dead person's image enter the public domain?"} {"Id":18106,"PostTypeId":1,"CreationDate":"2017-03-31T20:41:49.413","Score":3,"ViewCount":2339.0,"LastActivityDate":"2018-07-01T04:59:22.980","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I play this online web browser game, and I created a bot that I use to automate in-game actions. Of course using scripts\/bots is prohibited in game rules and leads to banishment if detected.\n\n\nSo my question is: legally speaking, is it illegal to sell this bot to other players? Or charge them a monthly fee for using it?\n\n\nIf marketing it is legal, is there anything else that's illegal when dealing with online games and botting ?\n\n\n","text_label":"software","title":"Creating Online games bots"} {"Id":7062,"PostTypeId":1,"CreationDate":"2016-02-11T04:54:34.793","Score":2,"ViewCount":1734.0,"LastActivityDate":"2016-02-11T22:41:54.927","AnswerCount":3.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I've Googled this question but I haven't found any exact details or reliable sources. \n\n\nI'll keep this as broad as possible so the question isn't specific to my situation but I will answer any questions that are needed to give context if the answer depends on situation.\n\n\nIf a client were to pay a business $X for a service can the business pay the employees a percent of the clients payment if the employees only duties involve providing the service the client payed for?\n\n\nI know that each employee would need to be paid minimum wage so if the minimum wage is $10 and they spend 10 hours providing the service the business would need to pay no less than $100. \n\n\nI ask becuase not all contracts are even for a service based business. A small project could charge $2,000 and a large project may charge $6,000 but an employer may want to pay the employee more for that large project. \n\n\nFor example:\n\n\n20 hours at the $10 rate would be $200 for that contract but if the employer could pay per project then the employer could pay something like $500 which would average out to $25\/hour which may be too much for an employer to pay for smaller projects. \n\n\n","text_label":"business","title":"Can a business legally pay employees per project?"} {"Id":447,"PostTypeId":1,"CreationDate":"2015-06-08T19:06:27.990","Score":4,"ViewCount":77.0,"LastActivityDate":"2015-06-08T19:06:27.990","AnswerCount":0.0,"CommentCount":6,"ContentLicense":"CC BY-SA 3.0","body":"I am a student just doing some freelance work over my summer break. I call myself a web \"designer\" as people in my country are more used to that term when they want a website created. I develop websites according to my client's needs using free GNU licensed themes. I let my clients know that I use free templates and do not charge very much. In my website, I want to show the work I have done in my portfolio (somewhat claiming that I designed the websites). However, I did not design any of the themes I use. Is this illegal? Will it still be illegal if I state that I did not design any of those websites myself but I'm merely a developer using themes? Thanks!\n\n\n","text_label":"copyright","title":"Web Developer Portflolio Using Themes"} {"Id":43965,"PostTypeId":1,"CreationDate":"2019-08-21T19:56:05.260","Score":0,"ViewCount":477.0,"LastActivityDate":"2019-08-21T19:56:05.260","AnswerCount":0.0,"CommentCount":7,"ContentLicense":"CC BY-SA 4.0","body":"I live on a private non-city-maintained road. There are ~30 houses, and I'm roughly in the middle, it's a dead end road. There's no HOA and since we get snow there's one neighbor who has done the job of asking everyone to chip in for snow plowing, and then another neighbor got a quote for repaving and most of the residents paid that too. It's an old road and no one on the street is interested in doing the work and expense of getting it town-maintained. On the county's parcel viewer the road itself is not owned by anyone.\n\n\nAbout a year ago a neighbor moved in that drives very fast on our small little street. He's almost hit me, and more importantly I have two little kids who I'm terrified are going to get hit by a car. I called my police officer friend (in this city) and he said there isn't much he can do. There's no speed limit since it's not a town road. We've talked to the neighbor several times and he always just says \"I drive fine, I slow down when I see the kids, I can stop fine.\" He's really a jerk, to be honest. My wife and I, and another neighbor with small kids, is genuinely scared of him hurting out kids.\n\n\nI went out and bought some speed bumps, like actual industrial versions that can be bolted to the ground. They're yellow and black with little reflectors in them, the kind a condo complex would install. They're removable so I can pull them in the winter for snow plows to operate.\n\n\nA friend of mine said that by installing them I'm introducing liability on myself because if anyone has an accident right there they can blame the speed bumps. I'm trying to figure out if I have legitimate legal exposure, and what I can do to mitigate it. I'm planning on putting them (two of them, about ~5 apart) in front of my property on the road so I can put signs up. I can write letters and hand deliver them to every neighbor. I can put a public notice in the local paper yearly. I don't really care what I need to do, but I have to get this guy to slow down before he kills someone.\n\n\n**Cliffs: I want to put down speed bumps on a private road that I live on to slow down dangerous driving and don't want to get (successfully) sued for it.**\n\n\nAny advice would be appreciated.\n\n\n","text_label":"civil-law","title":"Speed bumps on private non-hoa road (California)"} {"Id":78354,"PostTypeId":1,"CreationDate":"2022-03-07T15:35:13.003","Score":-7,"ViewCount":107.0,"LastActivityDate":"2022-03-07T22:58:32.240","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I just watched John Oliver's latest show on \"Wrongful Convictions\". And boy oh boy was my opinion of the US justice system way too generous! And if the US justice system was this bad, imagine the situation in other countries!\n\n\n\n\n\nWrongful Convictions: Last Week Tonight with John Oliver (HBO)\n\n\n***Why do people on this forum, and lawyers in general, behave as if their profession is so objective, unbiased, etc? Is it all just an act?***\n\n\n","text_label":"criminal-law","title":"Is the concept of \"rule of law\" just a bad meme?"} {"Id":28367,"PostTypeId":1,"CreationDate":"2018-05-10T09:00:25.103","Score":2,"ViewCount":866.0,"LastActivityDate":"2019-11-22T23:30:20.537","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I'm wondering if anyone can shed any light on this for me please. I've been doing alot of research about GDPR lately and how it is going to effect my websites using Google Analytics. \n\n\nFrom what I can understand, any website which uses Google Analytics needs to first get the users consent before storing a cookie on their browser? \n\n\nI have implemented this in a cookie notice when the user first goes to the site and by default no tracking is enabled. Once they click agree, the page reloads with Analytics tracking. \n\n\nHowever, since I have implemented this onto my websites the drop in traffic is huge and really makes it hard to optimise and understand how the website is performing. \n\n\nMy question is, Is it ok if in my cookie notice text said something like this..\n\n\n'By clicking agree or continuing to use this site you agree to our privacy policy'\n\n\nThis way if they completely ignore the notice (which a lot of people do) and navigate to another page, then at least I am able to track more visits.\n\n\nIs this still considered clear consent? \n\n\n","text_label":"privacy","title":"GDPR - What's classed as an opt in for Google Analytics cookie and do I need to do it?"} {"Id":40497,"PostTypeId":1,"CreationDate":"2019-04-27T14:45:17.897","Score":0,"ViewCount":58.0,"LastActivityDate":"2019-04-28T21:21:34.130","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"We just awarded a new janitorial services contract and sent a termination letter to the old contractor. The old contractor produces a near 10 year old agreement\/contract signed in 2009 with an automatic renewal provision signed by a previous HOA director that only had the authority to obligate the the Association for one year at a time (2009-2010). Our bylaws limit our authority to obligate these type of contracts to one year. We did not know the contract even existed. The contract value is $2,100 per month. We cover the board with professional liability insurance. Enforceable? Professional Liability Coverage Claim?\n\n\n","text_label":"contract-law","title":"Is Automatic renewal of Custodial Contract signed 10 years ago by board member that only had one year authority enforceable?"} {"Id":45512,"PostTypeId":1,"CreationDate":"2019-10-14T21:58:08.927","Score":1,"ViewCount":66.0,"LastActivityDate":"2019-10-15T01:04:20.003","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"As an employee of a software company they own my personal time projects, this is not in question. That said, my employer is quite reasonable about said things and at least verbally quite willing to review something and say \"this isn't related to our work, you can have it.\"\n\n\nIt being a small shop, verbal acknowledgement has been all they used before; they have no form for assigning a particular projects IP back to an employee. For a project I want to make and open source I would like something in writing. My employer is receptive to that but they want me to provide the form.\n\n\nI have been looking for either a template or some resource to help me write a little thing that they can sign that says something like: \"The company transfers back all rights related to this project to employee, and we cannot take this back later.\"\n\n\nI suspect I don't know the correct terms to search because all I find are templates for employers to have new hires sign that assign their IP to the employer or articles talking about how really the employer owns all IP anyways. \n\n\nIs there a particular term I can search for this? Do such templates exist?\n\n\n","text_label":"intellectual-property","title":"Resources for assigning employee intellectual property back?"} {"Id":22182,"PostTypeId":1,"CreationDate":"2017-08-24T21:48:09.920","Score":0,"ViewCount":47.0,"LastActivityDate":"2017-11-23T00:41:13.280","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"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.\n\n\nWould 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).\n\n\n","text_label":"privacy","title":"Sharing rent information"} {"Id":70656,"PostTypeId":1,"CreationDate":"2021-08-10T17:19:29.717","Score":3,"ViewCount":111.0,"LastActivityDate":"2021-08-10T19:03:15.873","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Are math questions copyrightable? I am thinking it is, but to what extent and what are the limitations? Because some question like 2+2 are too basic to be copyrightable, but some other mathematics question in calculus 1, 2 and 3 are easily copyrightable, or at least should or might have to be. I am asking, because some people may copy other people's questions and put them in their text or textbook.\n\n\n","text_label":"copyright","title":"Are mathematics questions copyrightable?"} {"Id":6010,"PostTypeId":1,"CreationDate":"2015-12-23T17:02:21.667","Score":3,"ViewCount":95.0,"LastActivityDate":"2015-12-24T01:29:25.340","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"I watched many American movies in which they tell about a person who writes a personal real life story of his best friend without his acknowledgement.\n\n\nAnd the movies said that person is wrong and in some cases his best friend can sue him to the court.\n\n\nIs writing a real-life story about a person is illegal in USA? \n\n\nIf so, does it matter if that person changes the names of the characters in the story, so that no-one can have an evidence that he was writing about his best friend?\n\n\n","text_label":"privacy","title":"Is writing a real-life story about a person is illegal in USA?"} {"Id":50784,"PostTypeId":1,"CreationDate":"2020-04-17T20:49:32.037","Score":3,"ViewCount":175.0,"LastActivityDate":"2020-04-18T10:03:39.957","AnswerCount":3.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"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?\n\n\nAnother 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?\n\n\nFurther, 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? \n\n\n","text_label":"contract-law","title":"Can reading a something mean agree to to a contract?"} {"Id":5272,"PostTypeId":1,"CreationDate":"2015-11-18T14:17:31.350","Score":3,"ViewCount":54.0,"LastActivityDate":"2015-11-18T18:46:54.040","AnswerCount":1.0,"CommentCount":5,"ContentLicense":"CC BY-SA 3.0","body":"Some universities do not provide solutions\/mark-schemes to exam papers. If someone (e.g. a student) was to upload online (e.g. via a blog or in a document) solutions that they themselves have made would this be legal?\n\n\n**Additionally**\n\n\nOn a very related topic what about uploading the answers to problems in textbooks that do not come with answers only problems? \n\n\n","text_label":"internet","title":"Providing exam solutions?"} {"Id":45240,"PostTypeId":1,"CreationDate":"2019-10-03T21:13:50.483","Score":0,"ViewCount":200.0,"LastActivityDate":"2020-07-31T14:05:15.630","AnswerCount":2.0,"CommentCount":4,"ContentLicense":"CC BY-SA 4.0","body":"Under what guise of law, would state actors (UK, US, etc.) be able to issue secret (unpublished) subpoenas that require industry \/ utilities to provide government **access** to their systems? Examples of **access** include [phone companies, which were forced during the Clinton administration to build digital networks that government agents could tap.](https:\/\/www.wsj.com\/articles\/attorney-general-calls-on-facebook-to-limit-message-encryption-plans-11570130636?mod=hp_lead_pos2)\n\n\nThe modern day version of \"tapping\" is dismantling end to end encryption of messaging systems such as Facebook or WhatsApp\n\n\n","text_label":"privacy","title":"Is there precedent of secret subpoena that compels government access?"} {"Id":53531,"PostTypeId":1,"CreationDate":"2020-07-23T09:06:02.773","Score":0,"ViewCount":96.0,"LastActivityDate":"2020-07-25T22:51:47.007","AnswerCount":2.0,"CommentCount":4,"ContentLicense":"CC BY-SA 4.0","body":"Usually when a contractor creates some new solution for their client it is understood that \u201ctools of trade\u201d used by the contractor are owned by the contractor, while any *new* IP created for the client is owned by the client.\n\n\nWhat happens when the client wants to own ***all*** the IP? Does this ever make sense?\n\n\nWouldn\u2019t that make it impossible for the contractor to build anything similar for other clients? How would the contractor grow their business if they stopped using tools of trade? Do these things even get enforced legally (how would one prove the solution was repeated elsewhere and thus infringing on IP rights?)\n\n\n","text_label":"copyright","title":"Is it normal for the client to own all IP for work created by a software contractor?"} {"Id":19564,"PostTypeId":1,"CreationDate":"2017-06-13T09:58:03.630","Score":1,"ViewCount":16.0,"LastActivityDate":"2017-06-13T16:01:49.937","AnswerCount":0.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"There's a maker of toys on the market and they only produce physical toys which are quite peculiar, unique and distinct from everything else. Suppose I have an idea to buy several toys from them, make photographs and drawings of those and sell that art on my website. Is there a general law (in the US) that could prohibit me from doing that or is it decided strictly by the producer of the original product?\n\n\nCould a copyright even apply to works like these? And is it enforceable? There may be different variations of it, such as: a specific toy appearing amongst other objects in a busy image, or a very stylized type of art that is only broadly reminiscent of the original object that inspired it.\n\n\nMy question is not \"how different can it be before copyright kicks in...\", it's about two different representations of a product, different mediums. I.e. I'm not comparing a painting to a painting reproduction, rather I'm trying to understand the relationship between a physical three-dimensional object intended for play and leisure and its representation in 2D intended by me as \"art\".\n\n\n","text_label":"copyright","title":"How broad can a copyright be in case of a graphical representation of a physical object"} {"Id":14026,"PostTypeId":1,"CreationDate":"2016-09-16T20:20:55.503","Score":0,"ViewCount":134.0,"LastActivityDate":"2016-09-17T00:27:32.320","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"MAGIX likes to sell sound packages that they proclaim as \"license-free and royalty free content for non-commercial use only\" (e.g ). Sometimes they offer products that they advertise as \"completely license and royalty free\" but if you inquire they still tell you they are for non-commercial use only. I would have thought that prohibiting commercial use inherently require a license, and that \"license-free\" inherently meant that the content could be used commercially. Is my assumption incorrect?\n\n\n","text_label":"licensing","title":"How can sound assets be \"license and royalty free\" but also \"non-commercial use only\"?"} {"Id":75073,"PostTypeId":1,"CreationDate":"2021-12-05T17:26:50.747","Score":0,"ViewCount":79.0,"LastActivityDate":"2021-12-05T17:47:30.763","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"What does the law state about the legality to purchase an objectively legal good or service from a marketplace that also sells objectively illicit goods?\n\n\nAs far as I know, it is legal:\n\n\n1. To physically browse items at a store in a bazaar that sells legal items (eg authentic Nike shoes) and also illegal items (eg counterfeit Rolex watches)\n2. To [create an account and browse](https:\/\/law.stackexchange.com\/questions\/55096\/is-it-illegal-to-make-an-account-on-darknet-marketplaces-which-provide-illega) darknet markets, which sells legal items (eg Bitcoin magazines) and also illegal items (eg Cannabis chocolate)\n\n\n[Darknet markets](https:\/\/en.wikipedia.org\/wiki\/Darknet_market) (e-commerce websites that sell goods via anonymizing networks like [Tor](https:\/\/en.wikipedia.org\/wiki\/Tor_(network)#Onion_services) or [I2P](https:\/\/en.wikipedia.org\/wiki\/I2P)) are fairly new. The earliest darknet marketplace that I'm aware-of is the now-defunct [Silk Road](https:\/\/en.wikipedia.org\/wiki\/Silk_Road_(marketplace)) (2011-2013). In 2021, there are numerous marketplaces on the darknet.\n\n\nAre there any legal precedents or laws that specifically address the legality of using a darknet market to purchase an objectively legal good or service?\n\n\nIf not, what does the law or historical precedent say about the analog of purchasing an objectively legal good\/service from a physical marketplace that also sells objectively illegal goods\/services?\n\n\n","text_label":"internet","title":"Is it legal to purchase something from a marketplace that clearly sells illicit goods? (silkroad, darknet markets)"} {"Id":72381,"PostTypeId":1,"CreationDate":"2021-09-02T18:00:22.040","Score":1,"ViewCount":225.0,"LastActivityDate":"2021-09-02T19:35:07.603","AnswerCount":3.0,"CommentCount":7,"ContentLicense":"CC BY-SA 4.0","body":"To save on textbooks in college, I intend to borrow someone else's and take pictures of the pages, and then read the pictures. However I do not intend to at any point publish the pictures, and would only use them for personal use.\n\n\nIs this technically copywrite infringement, because I am not supposed to be able to read text that I did not pay for? Or is this allowed, because I am not distributing copywrited material? This is somewhat equivalent to renting a movie and recording it so I can watch it whenever I want for only the rental price.\n\n\nWhat is the legality of this? I do not see how the government would *know* if I did these, unless they are spying on the contents of my camera somehow, but is it technically illegal?\n\n\n","text_label":"copyright","title":"Is it copyright infringement to take pictures of textbooks for personal use?"} {"Id":52397,"PostTypeId":1,"CreationDate":"2020-06-16T04:09:11.937","Score":-1,"ViewCount":153.0,"LastActivityDate":"2020-06-16T05:08:31.713","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I like goodreads but it lacks many features, i want to develop an app that view quotes in more modern way with more advance filters and features .The app is free with the option to pay for extra features.\nIs that legal or illegal?\n\n\n","text_label":"copyright","title":"Goodreads app (Scraping quotes) is it legal?"} {"Id":51642,"PostTypeId":1,"CreationDate":"2020-05-20T22:22:32.953","Score":0,"ViewCount":59.0,"LastActivityDate":"2020-06-22T19:41:27.373","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"Or is there, in other words broad leeway for when a judge or a court can decide based on all of the other materical circunstances, when or when not he should enforce an otherwise unenforcable promise?\n\n\nI don't have access to my college business law textbook for reference, so I can't check. What I remember is this: the affected party has to have reasonably relied on that promise and have incurred some sort of economic loss or damage from that RELIANCE. \n\n\nIt is obvious that not all promises are contracts. but what raises questions to me is, the distinction between estoppable and unenforcable promises seems to be so narrow that you could argue the only party bringing a claim to court of a broken promise would almost definately be those who have suffered damages. \n\n\nbut admitting there are matter of factly unenforceable promises and limiting my question only to those others, what basis does the judge or court have in determinging their enforcability. taking into consideration that what I have already said that most people probably could claim they have a remedy at law (including those who friviously went out and incurred the economic loss (or whatever) with the sole purpose of fitting this narrow definition). To me the distinction beween enforcable contract and estoppable promise seems to be so vague that the only real difference it would make is if the judge was granted broad discretion, i.e. the decision to actually issue the order to estopp the promise was soley his perrogitive....)\n\n\nThis is something that has always been at the back of my head.... but since i don't recall the textbook delving into this level I wanted to ask to be sure\n\n\n","text_label":"contract-law","title":"Do all estoppable promises have to be estopped?"} {"Id":4723,"PostTypeId":1,"CreationDate":"2015-10-25T20:00:06.097","Score":5,"ViewCount":235.0,"LastActivityDate":"2016-11-12T17:42:42.380","AnswerCount":3.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"Is it a crime if someone is aware a device looks like a bomb and brings that device to a public place?\n\n\n","text_label":"criminal-law","title":"Is it a crime to bring a device that resembles a bomb to a public place such as an airport?"} {"Id":17010,"PostTypeId":1,"CreationDate":"2017-02-08T16:01:04.150","Score":0,"ViewCount":98.0,"LastActivityDate":"2017-02-20T02:47:41.947","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Suppose there is open conflict between an executive administration and the federal judicial branch. The executive branch wants to curtail judicial power, but is hopefully limited by the Constitution in what it can do. Presumably there is also a certain precedence and decorum that discourages such conflicts from escalating. That said, were such a situation to escalate, would the executive have actions they could take that would weaken the judiciary? Likewise, does the judiciary have any proactive defenses against such measures?\n\n\nMy understanding is that Article III judges are fairly well protected from retaliation by their lifetime appointment. Rude remarks aside, are there actions that could, in practice, weaken their powers or imperil their jobs?\n\n\n","text_label":"constitutional-law","title":"Executive\/Judiciary Separation of Powers: Weaknesses?"} {"Id":22590,"PostTypeId":1,"CreationDate":"2017-09-12T16:13:53.793","Score":0,"ViewCount":49.0,"LastActivityDate":"2017-09-12T21:44:32.103","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"I'm thinking about making my own games \/ applications and trying to make money from it.\n\n\nI have two questions related to this:\n\n\n1. I'm not sure if I should become a sole trader or create a business. I know the pros and cons of both of them, and the extra commitment is a bit of a turn off when it comes to creating a business. On the other side I'm also scared of getting sued so I want to protect myself as much as possible. Which option do people typically choose for the type of work I'm trying to do? I'm not sure if I'm over thinking the possibility of getting sued and I should just save myself time and effort and go the sole trader path, or if this fear is genuine in this line of business and I should put the time and effort into protecting myself as much as possible.\n2. If I was to become a sole trader am I allowed to create a company alias to make it look more professional? So on the website I could say \"Created by so and so studios\" rather than \"Created by insert name\"? Even though technically the \"so and so studios\" doesn't exist.\n\n\n","text_label":"software","title":"Sole trader \/ business for app\/game development"} {"Id":24600,"PostTypeId":1,"CreationDate":"2017-12-06T10:41:50.337","Score":-1,"ViewCount":59.0,"LastActivityDate":"2017-12-08T16:39:28.783","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"The [\"Petite\" policy](https:\/\/www.justice.gov\/usam\/usam-9-2000-authority-us-attorney-criminal-division-mattersprior-approvals#9-2.031) ([Wikipedia](https:\/\/en.wikipedia.org\/wiki\/Double_Jeopardy_Clause#%22Petite%22_policy)) is a set of criteria (based on policy, not the Constitution or statute) the federal Department of Justice (USDOJ) has for prosecuting when there has already been a state trial on the same issue. The general rule is that the federal government will *not* prosecute in such a case, but there are exceptions.\n\n\nJose Ines Garcia Zarate was convicted by a California state court of being a felon in possession of a firearm, which carries a sentence of 16 months to 3 years. [1](https:\/\/www.nytimes.com\/2017\/11\/30\/us\/kate-steinle-murder-trial.html)\n\n\nThe USDOJ has now charged ([announcement](https:\/\/www.justice.gov\/usao-ndca\/pr\/jose-inez-garcia-zarate-face-federal-firearm-charges-northern-district-california), [indictment](https:\/\/www.justice.gov\/opa\/press-release\/file\/1015981\/download?utm_medium=email&utm_source=govdelivery)) Garcia Zarate with two crimes:\n\n\n1. Felon in Possession of Firearm and Ammunition\n2. Alien in Possession of Firearm and Ammunition\n\n\n*1* seems to be essentially the same charge, and *2* seems pretty close (there's only one criminal transaction).\n\n\nIs this compliant with the \"Petite\" policy?\n\n\nI'll put an answer, but I'm looking forward to seeing other answers and comments.\n\n\n","text_label":"criminal-law","title":"Is re-charging Jose Ines Garcia Zarate compliant with the \"Petite\" policy?"} {"Id":55434,"PostTypeId":1,"CreationDate":"2020-08-18T14:45:37.900","Score":1,"ViewCount":188.0,"LastActivityDate":"2020-08-18T17:00:38.813","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"In relation to the definition of \u2018sexual activity\u2019 I am wondering if explicit\/nude photos would be classed as \"sexual activity\" under [S4 SOA 2003](https:\/\/www.legislation.gov.uk\/ukpga\/2003\/42\/section\/4)?\n\n\n","text_label":"criminal-law","title":"Is it classed as sexual activity?"} {"Id":26003,"PostTypeId":1,"CreationDate":"2018-02-12T03:11:32.050","Score":1,"ViewCount":57.0,"LastActivityDate":"2018-02-12T20:45:03.720","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"A former employer deducted a \"fee\" charge when I contacted him to get my 401 funds moved to my new employer's roll-over account. It was 1 year after I was dismissed from his employment. Is it legal for him to deduct this \"fee\" from my personal\nfunds?\n\n\n","text_label":"employment","title":"Can a former employer deduct a \"fee\" when issuing a check for my new roll-over?"} {"Id":4512,"PostTypeId":1,"CreationDate":"2015-10-16T11:29:58.693","Score":3,"ViewCount":1300.0,"LastActivityDate":"2015-10-16T14:00:36.737","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 3.0","body":"Is it illegal to sell something on craigslist without adding a regions value added tax? \nSay for example GST is 10%, and I sell my bike for $100; do I technically have to charge $110, and send $10 to the government?\n\n\n","text_label":"tax-law","title":"Is it illegal to sell something on craigslist without adding a regions value added tax?"} {"Id":53407,"PostTypeId":1,"CreationDate":"2020-07-19T16:22:24.060","Score":0,"ViewCount":95.0,"LastActivityDate":"2020-07-19T17:34:42.967","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"If someone reported someone else for sending \u2018abusive messages\u2019 to them under the Mal comms act.\n\n\nWould unsolicited pictures of certain body parts be classed as abusive?\n\n\nThe act is \u2018send communication\/ article of indecent\/ offensive nature\u2019.\n\n\n","text_label":"criminal-law","title":"Malicious communications UK"} {"Id":46788,"PostTypeId":1,"CreationDate":"2019-11-24T00:39:19.163","Score":1,"ViewCount":113.0,"LastActivityDate":"2019-11-24T02:30:36.790","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"*A Dictionary of Law* (9 ed. 2018). Edited by Jonathan Law. \n[Quantum](https:\/\/www.oxfordreference.com\/view\/10.1093\/acref\/9780198802525.001.0001\/acref-9780198802525-e-3181?rskey=KW3ZdB&result=1)\n\n\n\n> \n> quantum *n.* (of damages)\n> =========================\n> \n> \n> The amount of money awarded by way of damages.\n> \n> \n> \n\n\n[Damages](https:\/\/www.oxfordreference.com\/view\/10.1093\/acref\/9780198802525.001.0001\/acref-9780198802525-e-1006)\n\n\n\n> \n> damages *pl. n.*\n> ================\n> \n> \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\u2019s 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\u2019s 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#).\n> \n> \n> \n\n\nI'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.\n\n\n\n> \n> \u00a0 \u00a0 \u00a0 Where the covenantee has a legitimate interest which it is entitled to protect, the\n> restriction must not be longer in point of time, or wider in area, or otherwise be\n> more extensive in scope than is necessary to protect that interest. The answer to this\n> question in any individual case, however, must necessarily depend upon the interest\n> to be protected, the nature of the contract and the relative positions of the contracting\n> parties.159 \n> \n> \u00a0 \u00a0 \u00a0 The **quantum** of the consideration which the covenantor has received in exchange\n> for the restraint is relevant to the determination of the reasonableness of the contract.160\n> \n> \n> \n\n\n[*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.\n\n\n\n> \n> Gardner has put\n> forward the following ((1999) 115 LQR 438, 452) as a possible hypothesis for the remedial\n> regime for proprietary estoppel:\n> \n> \n> \n> > \n> > The approach is\n> > \u2013 to vindicate the plaintiff\u2019s expectations (care being taken to achieve the best match between\n> > the details of the plaintiff\u2019s expectations and the possible legal responses); \n> > \n> > \u2013 to vindicate those expectations in specie if practicable, but otherwise in a monetary\n> > form; but\n> > \n> > \n> > \u2013 to resort to some other **quantum**, not more generous than the expectation measure, if it is\n> > impracticable to give relief in the expectation measure; and \n> > \n> > \u2013 to resort to some other **quantum**, with no ceiling at the expectation measure, in the presence\n> > of another factor from a limited range recognised as meriting a departure from expectation\n> > relief.\n> > \n> > \n> > \n> \n> \n> \n\n\np 608. Hoffmann LJ in W*illiam\nSindall plc v. Cambridgeshire County Council* [1994] 1 WLR 1016.\n\n\n\n> \n> Damages under section 2(2) are therefore damages for the misrepresentation as such.\n> What would be the measure of such damages? This court is not directly concerned with\n> **quantum**, which would be determined at an inquiry.\n> \n> \n> \n\n\npp 727-728. Robert Goff J.\n\n\n\n> \n> 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\n> of the benefit will not in fact determine the **quantum** of the award. I should add, however,\n> that, in a case of prospecting, it would usually be wrong to identify the discovered mineral\n> as the benefit.\n> \n> \n> \n\n\np. 817. Lord Lloyd in *Ruxley Electronics and Construction Ltd v. Forsyth*\n[1996] AC 344.\n\n\n\n> \n> Mr Forsyth was, I think, lucky\n> to have obtained so large an award for his disappointed expectations. But as there was no\n> criticism from any quarter as to the **quantum** of the award as distinct from the underlying principle,\n> it would not be right for your Lordships to interfere with the judge\u2019s figure.\n> \n> \n> \n\n\n","text_label":"contract-law","title":"Differences between Damages and Quantum"} {"Id":67658,"PostTypeId":1,"CreationDate":"2021-07-13T03:00:24.060","Score":0,"ViewCount":56.0,"LastActivityDate":"2021-07-13T18:53:43.673","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"Can you get patents invalidated without launching a civil lawsuit against a company? Can a person or a company let's say Samsung get a patent from Apple invalidated without launching a civil lawsuit? Is it also possible to hide your identity while doing so? Samsung wouldn't want Apple to know what it's doing and would want to get rid of the patents Samsung think it's invalid before Apple sues Samsung.\n\n\n","text_label":"intellectual-property","title":"Can you get patents invalidated without launching a civil lawsuit against a company?"} {"Id":40807,"PostTypeId":1,"CreationDate":"2019-05-08T02:03:58.623","Score":-1,"ViewCount":382.0,"LastActivityDate":"2019-05-16T21:51:03.963","AnswerCount":2.0,"CommentCount":4,"ContentLicense":"CC BY-SA 4.0","body":"I am looking for some advice on copyright infringement.\nWe are an independent media run by volunteers and have not income, assets or offices at all. Therefore the staff varies. One of the volunteer download a photo from a blog that it seemed to be free use (the photo has been published hundreds of times in blogs that doesn\u2019t ask for copyright) and we published the photo thinking it was OK. \n\n\nBut weeks ago a company called Copytrack emailed us and asked for money for the copyright infringement. So, I do some research, and found that indeed the use of the photo needed a license but when it was downloaded by the volunteer it was from a blog. So, it was a real mistake, but also an unintentional copyright infringement. So I remove the pic and article in full and I sent an email apologising for the mistake and even I offer to do an interview to the photographer or something similar, as we don\u2019t have money.\n\n\nThey replied in identical terms they told @user1889580 \u201cyou have infringed on our client's image, pay us right away to avoid legal issues\u201d, etc.\n\n\nSo, I reply with a more comprehensive letter, apologising again, explaining that we don\u2019t\u2019 receive money, plus we never make any profit from the work we published. Something easy to prove and in fact I invited them to check in internet, were you find that we don\u2019t receive more than 30 pounds a year. So, I said I would paid something, from my own pocket. \n\n\nThey haven\u2019t reply yet, but I have been doing a research and talking to colleagues and press associations. And there is a consensus: Copyrigth is a legal company but doesn\u2019t act ethically, they act as scam and there are many complains. Plus I found this: \u201cIn view of German copyright law and the respective jurisdiction of the German courts, the amount that Copytrack claims is far too high\u201d. \n\n\nThe amounts they usually charge are absurd. For instance, if a photo cost 30 Euros or 100 Euros, Copytrack asks for 500, 600, 1000 euros and more. We think this is because they don\u2019t charge for their services to their clients, so the way to get their fees is by doing this. \n\n\nI am are aware copyright infringement is something serious and we respect other people\u2019s work, but I want all this managed in a fair, ethical and reasonable manner from both sides. \n\n\nI have been asking for advice and my colleagues say, I must ignore it. But like @user1889580 , I am worried. I am ready to pay, but to be honest the blog doesn\u2019t have money and me either, so I I have asked for a symbolic fee or for the minimum amount. \n\n\nI am still checking and doing some research but I would appreciate your advice.\n\n\n","text_label":"copyright","title":"How to negotiate a payment for copyright infringement?"} {"Id":50734,"PostTypeId":1,"CreationDate":"2020-04-15T18:38:01.483","Score":2,"ViewCount":57.0,"LastActivityDate":"2020-04-15T19:16:46.717","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Assume, there's a model called **CustomerDetails**, which contains the following properties:\n\n\n* ContactEmail - an email address for contacting purposes,\n* ContactAddress - a postal address for contacting purposes,\n* DefaultDeliveryAddress - default address for delivery when creating orders,\n* DefaultInvoiceAddress - default address to be printed on invoice, when creating orders,\n* and other properties.\n\n\nAll entities in the system are by default audited, ie. they contain change log \/ revisions history.\n\n\nAny user can change own CustomerDetails data by himself\/herself.\n\n\nIf user changes that information via web-interface, then what is correct:\n\n\n* there can be no trace of previous information: no revisions history for the CustomerDetails entity, or\n* there must be a possibility to delete own revisions for user: extra user interface to view+delete revisions, or\n* there is only obligation to delete revisions of CustomerDetails, if Right to erasure (\u2018right to be forgotten\u2019) is exercised?\n\n\n","text_label":"privacy","title":"Is revision history (audit\/change log) compliant with GDPR's right to rectification?"} {"Id":15284,"PostTypeId":1,"CreationDate":"2016-11-15T21:30:39.087","Score":4,"ViewCount":683.0,"LastActivityDate":"2016-11-15T22:27:06.080","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Lets say that an individual, Bob, has a regular job which covers his daily expenses, but also has an illegal side job. A decent percentage of his disposable income is due to Bob's illegal activities, but he has some disposable income coming from his legal activities. Both sources of income are placed into a bank, and bob then makes payments using a credit\/debit card.\n\n\nI'm wondering where the line is drawn for stating that someone has received illegal goods, as there is no longer a way to tell what money was legally earned and what was illegally earned. I'm wondering both in cases in which one is aware of bobs illegal activities and in cases where the receiver of the money does not know it's illegal, but could still be compelled to refund it if it were illegally obtained.\n\n\nA few examples of the ambiguous situations I can think of:\n\n\nI assume if Bob buys a single drink at a local bar this would not be ruled as spending illegal money and the bar would not be committing an offense even if the owner of the bar was aware that Bob had an illegal income source, as Bob could easily purchase a drink with his legal income.\n\n\nLikewise I assume if bob goes out to buy a Yacht that he could never afford with his legal income it would be considered to be purchased with illegal profits.\n\n\nHowever, what about a more ambiguous case. If bob buys an expensive fur coat for someone, which he could afford to do with his legal income, but which he likely wouldn't have chosen to spend money on if he didn't have the additional illegal income, does the coat count as profiting from illegal goods? \n\n\nWhat if Bob offers a smaller sum of money to many people, small enough that Bob could easily afford to give such a gift to one person, but the combined cost of so many small gifts adds up to an amount bob couldn't\/wouldn't have been able to afford without his supplementary income? Could someone argue that the gift they received from Bob came from his legal income, but the other gifts Bob made to others was due to Bob's illegal activities, by claiming Bob was likely to give a gift to them without the extra illegal income but not to the others etc?\n\n\n","text_label":"criminal-law","title":"How does one determine if illegal goods were accepted if an individual who has both legal and illegal source of income pays another party?"} {"Id":62403,"PostTypeId":1,"CreationDate":"2021-03-22T19:19:10.983","Score":3,"ViewCount":104.0,"LastActivityDate":"2021-04-22T06:09:03.103","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"The Criminal Code of Canada provides that\n\n\n\n> \n> **Application to territories**\n> \n> \n> 8 (1) The provisions of this Act apply throughout Canada except\n> \n> \n> (a) in Yukon, in so far as they are inconsistent with *the Yukon Act*;\n> \n> \n> (b) in the Northwest Territories, in so far as they are inconsistent\n> with the *Northwest Territories Act*; and\n> \n> \n> (c) in Nunavut, in so far as they are inconsistent with the *Nunavut\n> Act*.\n> \n> \n> \n\n\nWhy was this provision necessary? Which part of the Criminal Code is inconsistent with the territorial devolution acts?\n\n\nOr, is this simply a declaratory provision that devolves certain power to the territorial governments?\n\n\n","text_label":"criminal-law","title":"Which part of the Criminal Code does not apply in the territories?"} {"Id":3824,"PostTypeId":1,"CreationDate":"2015-09-20T05:23:14.353","Score":3,"ViewCount":115.0,"LastActivityDate":"2015-09-20T14:20:12.480","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"I have created two images of a horse and an elephant from scratch based on Shutterstock images. I have changed some colors and added some more details but at the bottom line it looks very much the same.\n\n\nI want to use those images in my website, can I do it without risking being sued for copyrights violations?\n\n\n","text_label":"copyright","title":"Creating an image derived from a stock image"} {"Id":7879,"PostTypeId":1,"CreationDate":"2016-03-19T20:38:57.300","Score":0,"ViewCount":790.0,"LastActivityDate":"2018-11-17T02:15:07.010","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"Akinator, the app and website, both display images of what I assume is copyrighted material. How do they manage to get around copyright law? Is this considered fair use?\n\n\n","text_label":"copyright","title":"How does Akinator not violate copyright law?"} {"Id":28410,"PostTypeId":1,"CreationDate":"2018-05-11T13:14:38.827","Score":0,"ViewCount":71.0,"LastActivityDate":"2018-05-12T02:06:12.850","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"If a person were to setup a blog and got a few of their friends to also post on this blog. Who is to blame if one of those people were to get hit with a lawsuit for copyright infringement?\n\n\nSince this is not a registered business, or even a business, is the owner of the domain going to be the target of the lawsuit or is it the individual who stole and published copyright protected work?\n\n\n","text_label":"copyright","title":"Where do personal blogs stand with lawsuits?"} {"Id":59992,"PostTypeId":1,"CreationDate":"2021-01-09T18:16:11.007","Score":1,"ViewCount":130.0,"LastActivityDate":"2021-06-23T18:02:35.493","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"Suppose that a person creates a website where the users can upload text (eBooks). There is no obvious way to be sure that users own the copyright to text that they upload. Assume that the website is designed so that after the user uploads the eBook the owner must approve the texts before they are displayed on the website. What does the law require the owner to do to avoid copyright infringement claims.\n\n\n","text_label":"copyright","title":"How can a website operator be protected from copyright claims"} {"Id":9699,"PostTypeId":1,"CreationDate":"2016-06-03T11:12:41.477","Score":-1,"ViewCount":50.0,"LastActivityDate":"2021-01-07T16:04:50.397","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"In April 2016 The DAO was launched (see , [The DAO on Wikipedia](https:\/\/en.wikipedia.org\/wiki\/The_DAO_%28organization%29)).\nIt enables people from all over the world to invest money in different projects. Those investments are regulated by \"smart contracts\" which may contain payment terms so that investors can receive a return on their investment. \n\nOne of the core features of DAOs is that they are not localized in a specific country \/ region but spread over an arbitrary number of countries while the whole \"work\" is done by the computer code behind it. \n\nAnother core feature is that those investments are made completely anonymously. \n\nSo when a group of anonymous investors gives money to a certain project \/ startup and this project refuses to return anything although it was fixed in the contract, what steps can be taken in order to enforce the terms of the investment? \n\nWhich law would apply in such a case? The law of the country the project is located in? \n\nAnd for submitting the case to court some person or organization would have to step forward and do so. How could this be handled (without abandoning the anonymity of the investors)?\n\n\nSo what steps should be taken \/ what improvements should be made in order to make investments via a DAO safe?\n\n\n","text_label":"contract-law","title":"How can DAOs assure the payout from successful investments as specified in smart contracts"} {"Id":18134,"PostTypeId":1,"CreationDate":"2017-04-02T23:59:52.103","Score":0,"ViewCount":61.0,"LastActivityDate":"2017-04-03T04:09:30.757","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I disputed with my roommate regarding the noise issue. During a dispute, I said \"If you keep making noise in the future, I will 1. contact the leasing office for feasible solutions 2. report this case to your professor(advisor) 3. cut off the in-room Internet\". He said it was illegal verbal threat and wanted to sue me. May I ask if what I said regarded as an illegal verbal threat? Does \"2.report this case to your professor\/advisor\" commits coercion in the second degree in NY? We are in NYC.\n\n\n","text_label":"criminal-law","title":"Weather my comments committed coercion in the second degree in NY?"} {"Id":17444,"PostTypeId":1,"CreationDate":"2017-03-01T03:57:54.800","Score":3,"ViewCount":2099.0,"LastActivityDate":"2018-08-08T03:00:52.373","AnswerCount":1.0,"CommentCount":4,"ContentLicense":"CC BY-SA 3.0","body":"I live in California. Soon I will hire a household employee to cook meals for me in my home. \n\n\nPer California OSHA law the employee must be given and read a kitchen safety manual.\n\n\nMust I pay the employee for the time spent reading the kitchen safety manual?\n\n\n","text_label":"employment","title":"Must I pay new employee for reading the safety manual?"} {"Id":11097,"PostTypeId":1,"CreationDate":"2016-06-21T16:33:24.557","Score":2,"ViewCount":156.0,"LastActivityDate":"2017-10-15T09:08:57.153","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"If a public rental space allows for different groups, acts, and performances to rent the space, and is defined as a \"public accommodation\" for purposes of the law, can the space legally deny a group, act, or performance from renting out the space based on disagreement with the content of the performance?\n\n\nDoes this change if the rental space is owned by the government?\n\n\nI have been thinking that an artistic performer is not technically a protected class, but it seems that not allowing anyone to rent out the space based on disagreement with the content poses a constitutional issue.\n\n\n","text_label":"constitutional-law","title":"Does the lessor of a rental space have standing to deny an act or performer from renting the space?"} {"Id":30251,"PostTypeId":1,"CreationDate":"2018-07-14T21:37:34.003","Score":1,"ViewCount":57.0,"LastActivityDate":"2018-07-14T22:50:14.797","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"By \"my own sounds\", I mean that I generated them or bought them.\n\n\n","text_label":"copyright","title":"Do I violate a copyright law if I reconstruct the sound effect scenario, but use only my own sounds in it?"} {"Id":9562,"PostTypeId":1,"CreationDate":"2016-05-29T11:48:04.050","Score":0,"ViewCount":82.0,"LastActivityDate":"2016-05-29T15:57:13.880","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"What is the legal effect of a successful \"as applied\" challenge? Does it cancel out the whole law or just create new enforcement guidelines which suggest that the applied conduct should not be punished?\n\n\n","text_label":"constitutional-law","title":"What is the legal effect of a successful \"as applied\" challenge?"} {"Id":25616,"PostTypeId":1,"CreationDate":"2018-01-26T12:24:38.130","Score":1,"ViewCount":103.0,"LastActivityDate":"2018-01-26T17:21:34.967","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"From the footer on all SE sites, user contributions are licensed as CC BY-SA 3.0:\n\n\n\n> \n> site design \/ logo \u00a9 2018 Stack Exchange Inc; user contributions licensed under [cc by-sa 3.0](https:\/\/creativecommons.org\/licenses\/by-sa\/3.0\/) with [attribution required](https:\/\/stackoverflow.blog\/2009\/06\/25\/attribution-required\/).\n> \n> \n> \n\n\nWhilst licensing it as CC BY-SA 3.0 I sometimes want to license my code as MIT, GPL or any other license. This would allow users to take the code from one of my posts under a license which isn't CC BY-SA and have more freedom with the code.\n\n\nAnd so my question is how could you dual license code in a code block?\n\n\n\n\n---\n\n\nI think something like the following would work, but I'm not sure if it's ok:\n\n\n\n> \n> The following codeblock is licensed under [CC BY-SA 3.0](https:\/\/creativecommons.org\/licenses\/by-sa\/3.0\/) and [GPLv2](https:\/\/www.gnu.org\/licenses\/old-licenses\/gpl-2.0.en.html)\n> \n> \n> \n> ```\n> print(\"Hello World\")\n> \n> ```\n> \n> \n\n\n","text_label":"licensing","title":"How to dual licencing code on SE"} {"Id":51415,"PostTypeId":1,"CreationDate":"2020-05-10T21:12:25.973","Score":0,"ViewCount":56.0,"LastActivityDate":"2020-05-10T23:59:35.237","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"Like many consumers these days, I now depend on home delivery for many of my 'non-essential' items. \n\n\nI have been shopping online for a steel product which is often counterfeited (mostly from China), and have managed to weed out the more obvious fakes. Unfortunately, the very manufacturer that produces the item has contributed to the confusion by either importing the prime material and assembling it in the USA, or has exported the American-made parts to be assembled in China. \n\n\nIn this case, the product is recognized world-wide as superior when made of US steel and assembled in the USA, and may in fact be considered undependable in a critical situation (read \"your life depends on it\")\n\n\nI think possibly this issue is being avoided by [advertising the product as \"USA Made\".](https:\/\/www.gerbergear.com\/en-us\/search-results-page?searchterm=lmf)\n\n\nIn the past, \"Made in U.S.A.\" meant something.\n\n\nIs \"USA Made\" just a weasel-word, or is it actually another way to say \"Made in the USA\"? \n\n\n","text_label":"trademark","title":"How to interpret \"USA made\""} {"Id":8343,"PostTypeId":1,"CreationDate":"2016-04-06T01:09:38.720","Score":1,"ViewCount":4224.0,"LastActivityDate":"2016-04-06T05:37:56.580","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"I'm working on a NFP organisation constitution with a group of fellow members - we're very small. \n\n\nThere is a line \"Save as provided in this Constitution...\". And I'm thinking that whoever wrote that must have had 10 coffees or something, because it's woefully pretentious. \n\n\nAny suggestions for simpler opening? Perhaps there is a legal reason for such language and it should stay?\n\n\n","text_label":"business","title":"Is there a better way to say \"Save as provided in this Constitution...\""} {"Id":70359,"PostTypeId":1,"CreationDate":"2021-08-03T02:09:18.823","Score":1,"ViewCount":121.0,"LastActivityDate":"2021-08-03T04:53:36.400","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"I believe the copyright on Adolf Hitler's book Mein Kampf was appropriated by the Allies after WWII. But what about copyrights on other Nazi media?\n\n\nConsider this image, for example: \n\n\nIt was created for a Nazi propaganda film by Hans Schweitzer, who is now deceased.\n\n\nThe owner would presumably be the National Socialist Party, which is now defunct. That would place it in the public domain.\n\n\nBut could the U.S. government or some other Western entity claim the copyright rights to this image?\n\n\n","text_label":"copyright","title":"Copyrights on Nazi Media"} {"Id":24740,"PostTypeId":1,"CreationDate":"2017-12-13T15:56:15.387","Score":0,"ViewCount":106.0,"LastActivityDate":"2018-05-26T22:31:30.630","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"Can a building management company charge me for work - cleaning up, fixes, etc. - that are the result of other residents' actions?\n\n\nEg If another resident(s) makes a large mess in a common area and there's a cost to clean it up - is it fair (correct legal term?) for me to be expected to pay?\n\n\n","text_label":"contract-law","title":"Building management company: Can I be charged for something not my responsibility?"} {"Id":5569,"PostTypeId":1,"CreationDate":"2015-12-03T23:49:39.683","Score":0,"ViewCount":85.0,"LastActivityDate":"2015-12-05T02:57:47.700","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I am reading The Crying of Lot 49, wherein a fictional organization called \"Trystero\", that may or may not exist in the story, is associated with a symbol called the \"muted post horn\". The author, Thomas Pynchon, invented this organization and its symbol in this story, amongst other things. \n\n\nThe symbol as depicted on book covers became popular, and can be found as graffiti, and markings on signs, etc. since the 1960s, when the book was published. \n\n\nI've noticed that several online vendors are selling items with the Trystero symbol, and I wonder if any legal rights issues come into play. \n\n\nFor instance, a print-on-demand service, CafePress, sells [coffee mugs](http:\/\/www.cafepress.com\/mf\/80054060\/trystero_mugs?utm_medium=cpc&utm_term=889893350--c-9014973&utm_source=pla-google&utm_campaign=172671250&utm_content=13768990330&productId=889893350), water bottles, bags, shirts, etc, emblazoned with the symbol, or a facsimile thereof, and are advertised as 'Trystero' products. The designs aren't created by CafePress themselves, but rather are created by users of the site, who get some portion of the sales of the items.\n\n\nThere is also a coffee roaster that has named itself [Trystero Coffee](http:\/\/www.trysterocoffee.com\/), and has the symbol on its products. \n\n\nThe above products and business openly acknowledge use of the name and symbol as an homage to the novel.\n\n\nI'm vaguely aware of copyright owners forbidding money-making reproductions of their creative work-- mostly characters, such as non-Disney Mickey Mouse cartoons, or Calvin and Hobbes dolls and stickers.\n\n\nCould Trystero the organization and its symbol be afforded such protection? Are these vendors simply not being persued?\n\n\n","text_label":"copyright","title":"IP rights for an element from a story?"} {"Id":59974,"PostTypeId":1,"CreationDate":"2021-01-08T20:46:35.430","Score":13,"ViewCount":2860.0,"LastActivityDate":"2021-02-11T02:44:01.470","AnswerCount":4.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"\n> \n> Prosecutors in the US Attorney's office plan to open a federal murder investigation into the death of Brian D. Sicknick, a US Capitol Police officer who died Thursday night, a law enforcement official tells CNN.\n> \n> \n> \n\n\n[source](https:\/\/edition.cnn.com\/2021\/01\/08\/politics\/capitol-police-officer-killed\/index.html)\n\n\nI am not a lawyer, not even American, so perhaps someone (who is both) could tidy up this next bit ...\n\n\nI am aware that American law has a concept of each member of a group being jointly responsible for the actions of other members of the group (could someone please cite the relevant law?).\n\n\nSo, for instance, a getaway driver parked around the corner can be charged with murder if an accomplice kills a bank teller during a robbery.\n\n\nCould this be applied such that every member of the crowd (or some subset thereof) around the Capitol at the time of the officer's injuries be charged? I realize that this is, in practice, highly unlikely to happen. But I seek to understand to what extend that the could theoretically apply to such a large crowd.\n\n\n","text_label":"criminal-law","title":"Could all participants of the recent Capitol invasion be charged over the death of Officer Brian D. Sicknick?"} {"Id":1391,"PostTypeId":1,"CreationDate":"2015-07-27T04:52:07.460","Score":8,"ViewCount":8307.0,"LastActivityDate":"2015-08-03T22:46:28.733","AnswerCount":3.0,"CommentCount":7,"ContentLicense":"CC BY-SA 3.0","body":"So I am trying to create a military shooter and therefore must have guns. I would like to include some weapons from real life (Ak-47, M16, Glock, etc.) and I would like to know what legal issues I might run into by using these names. Mainly if I could be violating copyright laws. \n\n\n","text_label":"copyright","title":"Are the names of guns protected under copyright law in the US?"} {"Id":18646,"PostTypeId":1,"CreationDate":"2017-04-28T00:05:11.743","Score":1,"ViewCount":702.0,"LastActivityDate":"2021-03-13T08:53:17.233","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 3.0","body":"Is it illegal (or criminal) to break a contract? For example when you agree to a websites Terms of Service, if you violate a term, are you breaking the law?\n\n\n","text_label":"contract-law","title":"Is it illegal to break a contract?"} {"Id":8132,"PostTypeId":1,"CreationDate":"2016-03-29T19:26:30.570","Score":0,"ViewCount":115.0,"LastActivityDate":"2016-03-29T23:31:22.150","AnswerCount":3.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Recently, a `node` software developer asked that his packages be un-published from an index of software packages called \"npm\" when the developer was threatened with trademark infringement. The package un-publication caused a cascade of functionality problems with software dependent on one of these packages.\n\n\nThe developer had not explicitly revoked their license, this question is related but on a more general focus. What if the core open-source packages we depend on so critically were suddenly revoked and re-published with different terms, or none at all? Can we create a derivative work based on previously published terms? If we've already created a derivative work bound by the same license as the original author, are we infringing if they revoke the original license?\n\n\nThe specific [wording of the most popular licenses](https:\/\/opensource.org\/licenses) do not explicitly grant for any particular term. Does that mean it's only valid until explicitly revoked, or perhaps it's valid perpetually\/until copyright expires?\n\n\nPossibly relevant cases:\n\n\n* TV Globo v. Brazil Up-Date Weekly\n* Rano v. Sipa Press\n* Walthal v. Rusk\n\n\n","text_label":"copyright","title":"Duration of a license granted without specific bound"} {"Id":72937,"PostTypeId":1,"CreationDate":"2021-09-19T12:25:34.220","Score":-3,"ViewCount":71.0,"LastActivityDate":"2021-09-19T16:38:16.213","AnswerCount":2.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"Can you require a contract writer to make another official document that vulgarize the content of the contract in the United States? Or is it your responsibility to hire a lawyer and verify the content of the contract? I heard there's a law called fraudulent misrepresentation. But that law doesn't say that a party needs to represent the content of a contract, it only states he can't misrepresent it though.\n\n\n\n> \n> Under contract law, a plaintiff can recover compensatory damages\n> against a defendant when a court finds that the defendant has\n> committed fraudulent misrepresentation. Courts will typically find\n> that a defendant has committed fraudulent misrepresentation when six\n> factors have been met:\n> \n> \n> a representation was made\n> \n> \n> the representation was false\n> \n> \n> that when made, the defendant knew that the representation was false\n> or that the defendant made the statement recklessly without knowledge\n> of its truth\n> \n> \n> that the fraudulent misrepresentation was made with the intention that\n> the plaintiff rely on it that the plaintiff did rely on the fraudulent\n> misrepresentation\n> \n> \n> that the plaintiff suffered harm as a result of the fraudulent\n> misrepresentation\n> \n> \n> \n\n\n\n\n\n","text_label":"contract-law","title":"Can you require a contract writer to make another official document that vulgarize the content of the contract in the United States?"} {"Id":48403,"PostTypeId":1,"CreationDate":"2020-01-23T04:08:26.440","Score":3,"ViewCount":389.0,"LastActivityDate":"2020-01-23T19:05:08.870","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I would like to make a video where I teach something. My friend has a video camera and is willing to record me. Who would own the video?\n\n\nI ask because I plan on uploading it to some sort of streaming service (or personal website) and would like to choose the correct license on there. Maybe I'm over thinking this but if I'm not the owner then technically I wouldn't have the right to grant a license? \n\n\n","text_label":"copyright","title":"For amateur recordings, who owns the video? The camera man or performer?"} {"Id":37690,"PostTypeId":1,"CreationDate":"2019-02-28T00:02:07.563","Score":-1,"ViewCount":116.0,"LastActivityDate":"2019-03-05T23:23:33.643","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"I've been in mediations with Alorica, a call center here in my city, for some time now. I was offered employment on two campaigns, one of which was a week long, and I accepted those offers. My background information didn't come back in time for me to begin training for the week-long Pizza Hut Superbowl campaign and I was cut from the class roster for that reason. The second of these two campaigns was for Best Buy customer care, and the training class I was meant to take part in was cancelled on the client's behest. I was subsequently offered employment as a US Bank customer service agent, but due to a certain issue in my past I was unable to start with this client and was cut from the class yet again. I was then offered a job as a customer service representative with Ally Bank roughly two weeks ago and all the paperwork was completed within the proper timeframe. I have now been calling during the HR department's business hours and showing up there every day to speak with someone in the recruitment department regarding my employment status, but every time I do I am either turned away, my phone call goes unanswered and my voicemails are not returned at all.\n\n\n","text_label":"employment","title":"Can I sue an employer for not providing the active employment I was promised?"} {"Id":28209,"PostTypeId":1,"CreationDate":"2018-05-04T04:53:14.767","Score":4,"ViewCount":146.0,"LastActivityDate":"2018-06-23T23:23:28.977","AnswerCount":3.0,"CommentCount":6,"ContentLicense":"CC BY-SA 4.0","body":"Ireland tax rate is low. 15%.\n\n\nHowever, Seychelles tax rate is even lower. It's 0%.\n\n\nSo why bother incorporating in Ireland?\n\n\nI mean are there any laws in US, Ireland, or Seychelles that motivate IT companies to incorporate in Ireland instead of tax haven like Belize?\n\n\n","text_label":"tax-law","title":"Why do tech companies incorporate in Ireland instead of Seychelles?"} {"Id":61369,"PostTypeId":1,"CreationDate":"2021-02-21T06:29:42.233","Score":6,"ViewCount":1812.0,"LastActivityDate":"2021-02-21T17:14:47.873","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"My YouTube video is 10 minutes long. There is a one-second scene in a movie that I want to insert into my video to create a funny effect.\n\n\nIs this copyright infringement?\n\n\n","text_label":"copyright","title":"Am I allowed to cut a 1 second scene from a movie and use it in my 10 minute YouTube video"} {"Id":1260,"PostTypeId":1,"CreationDate":"2015-07-22T01:52:23.613","Score":4,"ViewCount":262.0,"LastActivityDate":"2015-07-22T21:15:13.460","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"I am making a website for a client who has a store and is trying to sell their products on the web now. I told the client that they would need to provide me with images of all of their products and instead, they directed me to the websites that sell the same items and told me to use their images instead.\n\n\nI explained that we would need to at least provide a shoutout to the website for using their images but the client does not want this.\n\n\nDo I need to be worried about using another web site's images when I am simply the builder of the web site who is not gaining any personal benefit besides being able to use the web site as part of my portfolio?\n\n\n","text_label":"copyright","title":"How to avoid image copyright infringement"} {"Id":56174,"PostTypeId":1,"CreationDate":"2020-09-10T14:08:08.927","Score":1,"ViewCount":46.0,"LastActivityDate":"2020-09-10T14:40:16.200","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I am written a theater play based on a hollywood movie. I am from Bulgaria so I have wrote my play based on a transaction from the original movie script. My question is to whom I have to write if I want to buy the copyrights for my play. To the original movie owners of the rights or to the owners of the rights which are based in Bulgaria, because I have translated the script to Bulgaria?\n\n\n","text_label":"copyright","title":"Writing theater play based on a movie (translated)"} {"Id":16538,"PostTypeId":1,"CreationDate":"2017-01-20T03:46:25.620","Score":0,"ViewCount":61.0,"LastActivityDate":"2017-01-20T05:46:07.460","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"There is a trademarked product used in therapy that is used to increase breathing capacity. I would like to use that product in a kit with protocols and instructions that would improve its current use and expand its uses. How do I do that without infringing on the trademark or being limited by the trademark owners?\n\n\n","text_label":"trademark","title":"Using a trademarked item in another product"} {"Id":76428,"PostTypeId":1,"CreationDate":"2021-12-19T01:56:58.630","Score":0,"ViewCount":65.0,"LastActivityDate":"2021-12-21T19:31:20.057","AnswerCount":1.0,"CommentCount":9,"ContentLicense":"CC BY-SA 4.0","body":"My research has led to unexpected discoveries and areas of learning relevant to the artisan.\n\n\nAcademic paper by Lemly refers to an academic paper by Brown only two years after the Lanham Act was enacted: *[The Modern Lanham Act and the Death of Common Sense](https:\/\/law-journals-books.vlex.com\/vid\/the-modern-lanham-act-633019301)* by Mark A. Lemley published in 1999.\n\n\n[W]hat appear to be private disputes among hucksters almost invariably touch the public welfare. We shall therefore be concerned to ask, when courts protect trade symbols, whether their decisions further public as well as private goals.(1) When Ralph Brown wrote his seminal article on trademark law fifty years ago, the modern era of trademark law had just begun. The Lanham Act, the foundation of trademark law today, was only two years old,(2) and the nature of modern commerce was only just beginning to take shape.\n\n\nBoth authors point out that the Lanham act as written is directed against misrepresentation and identity theft, becasue this harms the public.\n\n\nBoth authors seem to deplore the admittedly inevitable evolution in an increasingly commercialized society where trademarks war against each other.\n\n\nBoth authors wonder:\n\n\nWhy should the government be involved with protecting the rights of commercial trademarks? I came across this article by accident while\ndoing research. I would like to know about the Lanham Act in practice.\n\n\nMy Question:\n\n\nAs the Lanham Act is applied today in civil cases, are there more cases where the issue is trademark violation? or are the more cases where the disputed issue has to do with misrepresentation and consumer fraud?\n\n\n","text_label":"trademark","title":"Is the Lanham Act used to protect commercial trademarks? or for protecting the public from fraud?"} {"Id":24969,"PostTypeId":1,"CreationDate":"2017-12-28T06:21:13.390","Score":2,"ViewCount":252.0,"LastActivityDate":"2018-06-07T06:21:36.613","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"According to US law, when a person approaches a woman who is pregnant in the third trimester, usee a knife and \"takes the life of the unborn child\" while the woman survives, is this crime a murder or a personal injury to the pregnant woman, or both?\n\n\nDoes anything change depending on the month that the pregnancy had reached?\n\n\n","text_label":"criminal-law","title":"What crime is killing a foetus without the mother's consent?"} {"Id":49429,"PostTypeId":1,"CreationDate":"2020-02-26T03:50:28.340","Score":-4,"ViewCount":120.0,"LastActivityDate":"2020-02-26T21:25:32.990","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"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?\n\n\n","text_label":"criminal-law","title":"Would something like the holocaust be legal today"} {"Id":37823,"PostTypeId":1,"CreationDate":"2019-03-04T09:15:35.473","Score":0,"ViewCount":926.0,"LastActivityDate":"2019-03-04T09:26:11.490","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I signed an internet contract with a fake address in California. I live in Georgia.\n\n\nAm I under California or Georgia jurisdiction?\n\n\nContract does not specify.\n\n\n","text_label":"contract-law","title":"Jurisdiction in this case?"} {"Id":79005,"PostTypeId":1,"CreationDate":"2022-03-31T23:18:04.140","Score":2,"ViewCount":81.0,"LastActivityDate":"2022-03-31T23:18:04.140","AnswerCount":0.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Let us suppose that I am a programmer at a software company. Furthermore, let us suppose that I am learning a programming language that the company is using. Do I violate YouTube's Terms of Service if I am watching videos on YouTube that are explaining concepts and functionalities of the programming language following this statement in the Terms of Service:\n\n\n*You may view or listen to Content for your personal, non-commercial use.*\n\n\nHow to correctly interpret viewing and listening to Content for commercial use?\n\n\n","text_label":"licensing","title":"Does watching YouTube's videos at work violate YouTube's Terms of Service"} {"Id":12074,"PostTypeId":1,"CreationDate":"2016-08-02T05:43:49.320","Score":1,"ViewCount":114.0,"LastActivityDate":"2016-08-03T16:07:46.777","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"Consider the following scenario.\n\n\nI am an independent Turkish game developer and I make profit by developing games for ios devices and app store. I am not happy about the high income tax rate in Turkey so I open a company in another country(say Bulgaria for convenience) with low tax rate. I stay in Bulgaria for 1 year during the development of the game and then I submit the game to app store. After that I return back to Turkey. I pay the income tax of the money that I get from Apple to the Bulgarian government every month.\n\n\nCan I transfer money from Bulgaria to Turkey and spend it freely in Turkey? I appreciate answers for other countries instead of Turkey to get an idea.\n\n\n","text_label":"tax-law","title":"Income tax from digital goods"} {"Id":9552,"PostTypeId":1,"CreationDate":"2016-05-28T21:59:39.443","Score":0,"ViewCount":41.0,"LastActivityDate":"2016-05-31T07:59:51.630","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"For a comparison portal, that just lists and compares the products developed by others, it is allowed to copy the product description and the product tehnical details from the official website of the manufacturer?\n\n\nThank you!\n\n\nBest regards\n\n\n","text_label":"copyright","title":"Comparison portal is allowed to copy the product descriptions from manufacturer?"} {"Id":14376,"PostTypeId":1,"CreationDate":"2016-10-03T15:54:26.117","Score":1,"ViewCount":56.0,"LastActivityDate":"2016-10-03T15:54:26.117","AnswerCount":0.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"A software company are refusing to cancel a subscription product I have with them which renewed in 16th July 2017 unless I pay a \u00a3239.40 early cancellation fee. The subscription began in 2014.\n\n\nThey have no record of my approval, just a record that I didn't disapprove it.\n\n\n[![enter image description here](https:\/\/i.stack.imgur.com\/mi6Q0.png)](https:\/\/i.stack.imgur.com\/mi6Q0.png)\n\n\nThey also refuse to cancel it in the future, and obviously cannot cancel it in the past.\n\n\n[![enter image description here](https:\/\/i.stack.imgur.com\/XN0N9.png)](https:\/\/i.stack.imgur.com\/XN0N9.png)\n\n\nWhere do I stand with this sort of behaviour?\n\n\n","text_label":"contract-law","title":"Is an autogenerated, opt-out email legally binding"} {"Id":3492,"PostTypeId":1,"CreationDate":"2015-09-09T06:29:37.877","Score":1,"ViewCount":2350.0,"LastActivityDate":"2016-07-22T23:16:15.743","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"In France, you can pay a yearly fee to an organisation called [\"SACEM\"](https:\/\/en.wikipedia.org\/wiki\/Soci%C3%A9t%C3%A9_des_auteurs,_compositeurs_et_%C3%A9diteurs_de_musique) and use copyrighted works to make profit in various ways.\n\n\nIs there an equivalent in the USA?\n\n\n","text_label":"copyright","title":"Equivalent of the French SACEM in the USA?"} {"Id":22693,"PostTypeId":1,"CreationDate":"2017-09-17T14:18:35.900","Score":0,"ViewCount":544.0,"LastActivityDate":"2017-09-17T21:31:47.893","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Where can I find a lawyer for victims of cyberstalking? One can find a criminal defense lawyer but not the one help these victims. \n\n\n","text_label":"internet","title":"Where can I find a lawyer for victims of cyberstalking?"} {"Id":50468,"PostTypeId":1,"CreationDate":"2020-04-04T21:15:18.540","Score":0,"ViewCount":50.0,"LastActivityDate":"2020-04-05T16:23:03.587","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I filled out a w4 upon hire and employer never took taxes out of my check. Is it legal for them to have a w4 on file and not take taxes out your paycheck?\n\n\n\n\n---\n\n\nETA: Exempt was not specified on the W-4 and no taxes were taken out of the paychecks at all.\n\n\n","text_label":"tax-law","title":"W-4 filled out, no taxes take out of paycheck?"} {"Id":46954,"PostTypeId":1,"CreationDate":"2019-11-28T10:06:11.937","Score":1,"ViewCount":38.0,"LastActivityDate":"2019-11-28T10:39:45.567","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I have a contract which refers to schedule 1 which is another document. However in order to be able to add the document referred to in schedule 1 to the same document as my contract, I would need to convert the schedule 1 document to be the same filetype as my contract which I can't do.\n\n\nSo presuming that I sent the contract to the client in an email, could I then attach schedule 1 as a separate attachment to the contract in the email or does the schedule have to be in the same document as the contract?\n\n\n","text_label":"contract-law","title":"Can a schedule be a separate attachment in an email?"} {"Id":7988,"PostTypeId":1,"CreationDate":"2016-03-24T12:43:16.733","Score":2,"ViewCount":73.0,"LastActivityDate":"2016-04-23T15:20:57.017","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Assume the following situation: \n\n\n* foreign national in the US\n* working visa (e.g. H1-B)\n* living permanently in the US, no other address, paying all taxes in the US\n* savings account in home country (Europe)\n* savings account incurs interest\n\n\nIs there a threshold for declaring the interest incurred in a foreign country (income) when filing a US tax report? \n\n\n","text_label":"tax-law","title":"Is there a threshold for declaring interest income from a foreign country?"} {"Id":37387,"PostTypeId":1,"CreationDate":"2019-02-19T14:53:14.473","Score":1,"ViewCount":61.0,"LastActivityDate":"2019-02-28T04:54:02.113","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"Suppose, I have purchased a DVD of movie and my PC's DVD drive has problem. Is it legal to copy content the DVD of movie to a flash memory and then use it on my PC?\n\n\n","text_label":"copyright","title":"Is it legal to store copyrighted content on other mediums for personal use?"} {"Id":47106,"PostTypeId":1,"CreationDate":"2019-12-04T14:37:32.333","Score":1,"ViewCount":491.0,"LastActivityDate":"2019-12-05T00:51:40.423","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"In Ron Engineering, the supreme court ruled that a \"Contract A\" is formed when a bidder submits a bid. This seems to imply that Contract A is formed **by** the bidder, not the receiver of that bid, unilaterally. As I understand Ron Engineering, Ron Engineering made a mistake and could not retract their bid. In effect, Ron Engineering was not let out of Contract A.\n\n\nHowever, as Contract A is usually explained, it protects bidders from poor practice from people receiving bids. For instance, if the receiver does not go with the lowest bid due to other bids having additional terms not spelled out in the original tender, the lowest bidder can sue. This appears to be the complete opposite of the decision in Ron Engineering.\n\n\nSo what does Contract A really do, and who is bound by it?\n\n\n","text_label":"contract-law","title":"In Canada's famous \"Ron Engineering\" case, what really is protected by Contract A?"} {"Id":72900,"PostTypeId":1,"CreationDate":"2021-09-18T00:24:18.947","Score":17,"ViewCount":4754.0,"LastActivityDate":"2021-09-20T01:42:50.483","AnswerCount":3.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"I was watching [a segment from CNBC on YouTube](https:\/\/www.youtube.com\/watch?v=ybIfSkEOOco) and was surprised by the fact that the government intends to make the tax rate retroactive after the law is passed so that the new tax rates will apply to stocks owned before the law was passed.\n\n\nI was wondering if in criminal law, the passing of a law that makes punishment retroactive after the law was passed is also possible making it possible for past crimes to be punished in the United States.\n\n\n","text_label":"criminal-law","title":"Can criminal law be retroactive in the United States?"} {"Id":64407,"PostTypeId":1,"CreationDate":"2021-04-23T21:02:05.653","Score":2,"ViewCount":259.0,"LastActivityDate":"2021-04-26T03:24:03.797","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"My understand of contract law in general, is that an illegal or unenforceable clause does not render the whole contract void, but rather that specific clause is essentially stricken out, as if it did not exist.\n\n\nSo, if an employment contract has a clause which said \u2018in order to resign you must kill a man\u2019 that clause would not apply, because it would require illegal behaviour.\n\n\nOr, in a legal system which had a maximum one month notice period, a clause which required three months notice would not be enforceable. So an employee could still give one month of notice.\n\n\nAnd any other conditions of the employment contract (working hours, location, etc.) would still apply.\n\n\n**My question is, could a company still keep illegal\/unenforceable clauses in its contact, knowing full well these are indefensible in court?**\n\n\nIf it matters, let\u2019s suppose the illegality of the clause has been determined before both parties signed.\n\n\nJurisdiction: answers from any are welcome, I am especially interested in the U.K. and Germany.\n\n\n","text_label":"contract-law","title":"Is a contract allowed to have illegal \/ unenforceable clauses?"} {"Id":15,"PostTypeId":1,"CreationDate":"2015-05-26T22:04:18.693","Score":5,"ViewCount":95.0,"LastActivityDate":"2015-05-26T22:51:41.430","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I live in the US and do writing of my own in various forms ranging from blog posts to content for handouts and trainings I might want to resell at some point in the future.\n\n\nWhat steps I should take to legally protect the content I write so that it isn't taken and sold elsewhere later on? Are there additional things I should be thinking about before, during and after writing this content?\n\n\n","text_label":"copyright","title":"How to prevent\/protect my rights to content I write (US)"} {"Id":50076,"PostTypeId":1,"CreationDate":"2020-03-21T14:42:44.873","Score":5,"ViewCount":1603.0,"LastActivityDate":"2020-03-21T16:15:03.823","AnswerCount":1.0,"CommentCount":11,"ContentLicense":"CC BY-SA 4.0","body":"I have created an App at [helpathome.me](https:\/\/helpathome.me) which isolated people can use to fill out a form and request help from others.\n\n\n[![enter image description here](https:\/\/i.stack.imgur.com\/X0MUs.png)](https:\/\/i.stack.imgur.com\/X0MUs.png)\n\n\nI innocently thought this would be fine but a friend told me that I must comply to GDPR rules and that when it goes live it shows information directly to the public which could be used inappropriately.\n\n\nFurther more he said that if some not so nice person was to use the data of somebody asking for help and then go to their house and commit some type of crime then I would be liable because I provided the facility for them to meet. \n\n\nI really want to role this out in my local area (maybe larger area if I have the resources to manage it) but before I do I want to make sure I'm not setting myself up for some nasty legal issues. I would also like any recommendations as to what I can do if anything to the app to make it more secure and compliant) Thanks . I am in the UK\n\n\n","text_label":"internet","title":"I have created an App to help isolated people in Corona Virus lockdown. Do GDPR rules apply"} {"Id":73684,"PostTypeId":1,"CreationDate":"2021-10-14T06:37:04.173","Score":-4,"ViewCount":77.0,"LastActivityDate":"2021-10-15T02:02:53.853","AnswerCount":1.0,"CommentCount":5,"ContentLicense":"CC BY-SA 4.0","body":"As the question arises in the title: What is the purpose of this [protocol](https:\/\/www.wipo.int\/treaties\/en\/registration\/madrid_protocol\/) and, especially, what are the benefits over the [Madrid system](https:\/\/www.wipo.int\/madrid\/en\/)?\nWhat is the need for this protocol?\n\n\n","text_label":"trademark","title":"What is the purpose of the protocol to the madrid system?"} {"Id":35834,"PostTypeId":1,"CreationDate":"2019-01-01T07:15:51.683","Score":0,"ViewCount":111.0,"LastActivityDate":"2019-07-01T17:02:25.447","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"In my ex-company, there were 2 layoffs with in a span of 1 month. In the 1st layoff, the severance pay package was better than 2nd layoff. Will the employees affected in the 2nd round have any recourse to go back and negotiate for a better severance pay? \n\n\n","text_label":"employment","title":"Difference in severance package between 2 employees within a one month span"} {"Id":51719,"PostTypeId":1,"CreationDate":"2020-05-23T12:08:59.720","Score":3,"ViewCount":82.0,"LastActivityDate":"2020-05-25T18:57:37.293","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Assuming the following: \n\n\n1. Alice has drawn a painting.\n2. Bob has somehow (legally) gotten a photo\/copy of this painting, but does not have any additional rights.\n3. Bob then goes on to publish this image on his Creative Commons Zero blog. (Not thinking about the fact the doesn't have the permission to publish the photo under CC0)\n4. Charles finds the photo which has been clearly published under CC0 and uses it somewhere else\n\n\nObviously what Bob did was wrong. There is no question about that, but under US law, what are the consequences for Charles? And who is liable for the damages Charles' causes? Bob or Charles?\n\n\nA friend of mine was 'Charles' in this type of situation and he resolved it with 'Alice' super nicely (Alice wrote him asking\/questioning whether he had permission to use it, Charles explained where he got it and agreed straight away to pay Alice for her work, as Alice was nice enough to just ask for a very reasonable sum), but we ended up wondering whether if 'Charles' would've wanted to be an asshole, whether he could've just put the blame completely on Bob and just stopped any further infringements. \n\n\nThe more I think about it, the more I am confused by this, as I assume Charles would probably be liable no matter what, but if that were the case then a nefarious Alice could intentionally instruct an anonymous nefarious Bob to publish all her works everywhere.\n\n\n","text_label":"copyright","title":"Who is responsible when an image was incorrectly published under a permissive license?"} {"Id":42551,"PostTypeId":1,"CreationDate":"2019-07-01T03:36:51.780","Score":2,"ViewCount":116.0,"LastActivityDate":"2019-07-01T04:58:30.980","AnswerCount":1.0,"CommentCount":4,"ContentLicense":"CC BY-SA 4.0","body":"So while shopping in a store tonight I witnessed a store clerk allow a customer to use their ID to buy cigarettes. The store clerk ask me if I could allow the customer to use my ID. I clearly and quickly told her that, I could not do that. The lady claimed to be of age. To me as a person with an MBA, would without reservations would say it is ethically wrong. I can\u2019t find anything that states it is wrong, even though I know it is legally wrong.\n\n\n","text_label":"business","title":"Can a store clerk let a customer use their ID to buy cigarettes?"} {"Id":45284,"PostTypeId":1,"CreationDate":"2019-10-05T10:54:15.280","Score":2,"ViewCount":212.0,"LastActivityDate":"2019-10-05T11:47:49.787","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I have written a script that fetches some information that is on a website and upon command it publishes it on another place. Is it illegal to publish it on Github and also if you use it?\n\n\n","text_label":"internet","title":"Is publishing a web scraping script on Github to get data from a website to publish it on another place, illegal?"} {"Id":57964,"PostTypeId":1,"CreationDate":"2020-11-11T01:41:44.130","Score":0,"ViewCount":115.0,"LastActivityDate":"2020-11-11T02:57:17.020","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I wouldn't say illegal as in criminal. However, I've heard someone sue \"Ghettopoly\" and win.\n\n\nI check [Is it legal to publish a game that already exists but it was 100% developed by me](https:\/\/law.stackexchange.com\/questions\/57946\/is-it-legal-to-publish-a-game-that-already-exists-but-it-was-100-developed-by-m)\n\n\nIt says rules of the games cannot be copyrighted. What about likeness, etc.?\n\n\n\n\n\nSays he has to pay damage. Why? It's obvious that ghettopoly is not the same with monopoly. Also I've heard parody is protected.\n\n\n","text_label":"copyright","title":"Is \"Ghettopoly\" legal?"} {"Id":8545,"PostTypeId":1,"CreationDate":"2016-04-14T11:50:05.313","Score":13,"ViewCount":4545.0,"LastActivityDate":"2019-02-06T07:04:59.133","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Game art is under copyright of the designer or their company. When I play the game and take a screenshot, whose is the copyright?\n\n\n* Mine, because I played the game to that point and created the screenshot file;\n* The designer or their company, because they made the art?\n\n\n","text_label":"copyright","title":"What is the copyright status of game screenshots?"} {"Id":5306,"PostTypeId":1,"CreationDate":"2015-11-19T20:38:38.990","Score":1,"ViewCount":269.0,"LastActivityDate":"2020-12-27T20:11:04.627","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I am working on a software project that requires the use of a setup program. The one my company is using is InnoSetup.\n\n\nOn their [downloads page](https:\/\/jrsoftware.org\/isdl.php) towards the bottom, under the section titled **Encryption Module** it says:\n\n\n\n> \n> \"For legal reasons, encryption code is not built into Inno Setup. You must download a separate \"encryption module\" if you wish to utilize Inno Setup's encryption capabilities...\"\n> \n> \n> \n\n\nWhat legal reasons are they referring to?\n\n\n","text_label":"software","title":"What legal reasons prevent this software vendor from including encryption in their code?"} {"Id":23712,"PostTypeId":1,"CreationDate":"2017-11-01T17:31:18.697","Score":1,"ViewCount":290.0,"LastActivityDate":"2017-11-02T12:11:39.297","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"I live in the UK. A few months ago, I registered at a gym. The employee there told me that I could cancel the subscription at any time. I didn't sign any contract, just gave my information.\n\n\nFast forward last month, I asked to cancel my subscription. They responded that \"a welcome email was sent to me after my registration containing the terms and conditions of the gym and a 12-month obligation\". Since I did not contest that email, I am bound by a contract.\n\n\nI never received this email and I cannot find such an email anywhere (might had gone in the spam and then deleted, I'll never know). I asked them in writing (registered letter) to provide me of a proof that they sent the email to my account (including the email headers) or any other proof that I entered into a contract with them, but they haven't responded in 2 weeks.\n\n\n**Is what they did legal?** For instance, if I send to someone an email saying \"you will pay me \u00a3x per month for 12 months for this service and this is a binding contract unless you reply to me in 14 days rejecting\", is it legally binding?\n\n\n**Can I cancel the payments unilaterally?** They don't have any signed or verbal contract. Who has the burden of proving if I received the email or not?\n\n\nThis is not about the money. I am just upset by their business model. The employee clearly told me I would be able to cancel with 1 month notice which he now refuses to have said. Sending at email as a binding contract without verification of receipt is sneaky at the best. \n\n\n","text_label":"contract-law","title":"Canceling an \"email\" contract"} {"Id":4084,"PostTypeId":1,"CreationDate":"2015-09-28T23:54:55.510","Score":5,"ViewCount":190.0,"LastActivityDate":"2015-12-29T03:30:21.410","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"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).\n\n\nAssuming 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?\n\n\nAnd, 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?\n\n\n","text_label":"copyright","title":"Can Warner\/Chappell be sued to recover royalties paid to them for the 'Happy Birthday' song?"} {"Id":24265,"PostTypeId":1,"CreationDate":"2017-11-21T06:21:22.097","Score":0,"ViewCount":109.0,"LastActivityDate":"2017-11-21T06:47:08.983","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I see \"*Linehan I* factors\" mentioned in some civil commitment decisions published on-line e.g. [this one from Minessota](https:\/\/mn.gov\/law-library-stat\/archive\/ctapun\/0810\/opa080962-1104.pdf). Can someone explain where they come from and what their status is in US law? From what I can gather it's a Minnesota supreme court decision (so only applies there), but I could be wrong. Is there something more generally applicable in that respect in the US?\n\n\n","text_label":"civil-law","title":"Please explain Linehan I factors to a lay person"} {"Id":8811,"PostTypeId":1,"CreationDate":"2016-04-27T04:06:56.943","Score":0,"ViewCount":84.0,"LastActivityDate":"2016-04-27T05:25:21.640","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"Say I apply at McDonald's and give the conditions that I wish to work under:\n\n\n1.No income is withheld from me -- **thus I am self-employed**.\n\n\n2.I work like every other worker, **but get paid a fixed amount agreed upon**.\n\n\n3.I am responsible for taxes myself.\n\n\n4.I ask specifically for **no benefits other than money**.\n\n\n5.It could be contract-based, but doesn't exactly have to be.\n\n\nCould an employer legally do this?\n\n\n","text_label":"employment","title":"Is it legal to hire an employee, but pay them as a free agent?"} {"Id":31376,"PostTypeId":1,"CreationDate":"2018-08-30T20:55:14.897","Score":3,"ViewCount":89.0,"LastActivityDate":"2019-01-21T21:18:12.693","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"Suppose, a scientist is planning to publish a paper that is about an algorithm which analyzes Wikipedia articles. I'm wondering, if the European General Data Protection Regulation would be relevant in that case.\n\n\nAccording to Article 13, one has to inform anyone whose personal data is collected:\n\n\n\n> \n> 1. Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data\n> are obtained, provide the data subject with all of the following\n> information: (...)\n> \n> \n> \n\n\nArticle 4 explains, what \"personal data\" means:\n\n\n\n> \n> \u2018personal data\u2019 means any information relating to an identified or\n> identifiable natural person (\u2018data subject\u2019); an identifiable natural\n> person is one who can be identified, directly or indirectly, in\n> particular by reference to an identifier such as a name, an\n> identification number, location data, an online identifier (...)\n> \n> \n> \n\n\n(Source: )\n\n\nWikipedia articles might contain personal data, because each one has an edit history that lists changes and who did them (User accounts or IP addresses). Therefore, each article can be related to \"online identifiers\" (such as the account or the IP) of its editors. Would the scientist - according to the GDPR - have to inform the editors of all the Wikipedia Articles that he has processed their personal data?\n\n\n","text_label":"internet","title":"How to fulfill the General Data Protection Regulation (GDPR) in science"} {"Id":64574,"PostTypeId":1,"CreationDate":"2021-04-29T23:57:47.633","Score":5,"ViewCount":343.0,"LastActivityDate":"2021-04-30T18:20:25.647","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"This is in part a followup to [this comment](https:\/\/law.stackexchange.com\/questions\/64470\/can-a-so-small-as-to-be-reduced-to-a-dot-confer-any-legal-protection#comment135391_64494) in which a user wrote:\n\n\n\n> \n> \u201cfixation\u201d broadly depends on publication. How else d\u2019you think fixation is established?\n> \n> \n> \n\n\nIn a later comment the same user wrote:\n\n\n\n> \n> In your context fixation is a fact, but it's also irrelevant. What matters is solely what can be proved, which is publication.\n> \n> \n> \n\n\nIs that correct? Is a work copyrighted on fixation or publication? What's the difference? How is creation of a protected work proved in court? And what does \"fixation\" mean?\n\n\nThis is intended to be a multi-jurisdiction question.\n\n\n","text_label":"copyright","title":"Is a work copyrighted on fixation or publication? What's the difference? How is it proved?"} {"Id":7117,"PostTypeId":1,"CreationDate":"2016-02-13T16:34:45.527","Score":0,"ViewCount":505.0,"LastActivityDate":"2016-04-14T14:04:46.483","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Is the amount of claimable damages greater during a breach of contract or is it greater during a fraudulent misrepresentation?\n\n\nIf company A wants to sue company B due to them being guilty of a fraudulent misrepresentation, would it be better for company A to sue company B for a breach of contract instead, if the particular fraudulent misrepresentation also created a breach of contract?\n\n\n","text_label":"contract-law","title":"Are claimable damages greater for a breach of contract or fraudulent misrepresentation?"} {"Id":17070,"PostTypeId":1,"CreationDate":"2017-02-10T13:09:40.963","Score":0,"ViewCount":65.0,"LastActivityDate":"2017-02-11T21:25:09.393","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I have a mobile app that applies filters to user photos. Suppose that i want to add a filter (or a set of filters) named \"Gotham\" or \"Daredevil\" or \"X-Men\". Suppose this filter (or set of filters) are available only after the user purchases it (that is, they are in app purchases). Does this use of trademarked words constitues a trademark infringement? My guess is that this should not be a trademark infringement, since there is no possible confusion of the source of good.\n\n\n","text_label":"trademark","title":"Trademark infringement?"} {"Id":3581,"PostTypeId":1,"CreationDate":"2015-09-11T19:06:25.347","Score":3,"ViewCount":220.0,"LastActivityDate":"2015-09-24T03:16:11.973","AnswerCount":1.0,"CommentCount":6,"ContentLicense":"CC BY-SA 3.0","body":"If I'm opening a hosting company and would there be any legal reason or requirement to obtain the home or business addresses of my clients?\n\n\n","text_label":"business","title":"Are there legal reasons to maintain addresses for my clients?"} {"Id":66876,"PostTypeId":1,"CreationDate":"2021-06-18T17:08:35.840","Score":2,"ViewCount":69.0,"LastActivityDate":"2021-06-18T22:25:55.913","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Does U.S. law allow a U.S. plaintiff to sue China for damages stemming from COVID?\n\n\n(I am not asking whether there is sufficient evidence to support such an allegation; only whether U.S. courts assert jurisdiction to impose tort damages against sovereign governments for such a claim.)\n\n\n[This previous Q&A](https:\/\/law.stackexchange.com\/q\/14153\/10) notes that [28 USC 1605](https:\/\/www.law.cornell.edu\/uscode\/text\/28\/1605) allows for *some* claims against foreign governments, but that for some reason Congress passed another law ([JASTA, 2016](https:\/\/en.wikipedia.org\/wiki\/Justice_Against_Sponsors_of_Terrorism_Act)) to allow claims against \"state sponsors of terrorism.\"\n\n\n","text_label":"civil-law","title":"Can China be sued in U.S. court for torts related to COVID?"} {"Id":38374,"PostTypeId":1,"CreationDate":"2019-03-24T07:13:36.813","Score":2,"ViewCount":310.0,"LastActivityDate":"2019-03-24T08:49:23.847","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"In scientific articles and textbooks I've found the following images (seen at end of this post). These images were created by different authors at different times. The images all describe the same thing\/process, the experimental setup one would use to flow a fluid through a cylinder of rock. In each instance where these images (figures) were given the author gave no citation\/credit to any of the other authors who gave the similar images in the years prior. For this post's question, let us assume that all of these images are copyrighted and that none of the authors received express permission from the copyright owner of the images that precedes theirs. Here are the questions I would like addressed directly:\n\n\n1. What are the objective and\/or subjective rules for when an image is considered an outright recreation of another image (and therefore subject to copyright law)? (Citations of these rules would be appreciated)\n2. And per these rules (from question 1), which of the images given below are subject to copyright violation since they are outright recreations? For example, would Figure 4 be an outright recreation of Figure 2, and why?\n3. What figures, if any, are not outright recreations of the others, and why?\n\n\n[![enter image description here](https:\/\/i.stack.imgur.com\/I2dC8.png)](https:\/\/i.stack.imgur.com\/I2dC8.png)\n\n\n","text_label":"copyright","title":"When is an image considered a recreation of another image?"} {"Id":44348,"PostTypeId":1,"CreationDate":"2019-09-02T16:22:52.650","Score":4,"ViewCount":1161.0,"LastActivityDate":"2019-09-03T08:46:41.253","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"Contracts generally have terminations clauses allowing either party to eventually end the obligation imposed on them by a contract. E.g. the buyer may have to notify the seller of termination in writing; the service may, at its sole discretion, terminate a user for breaking the rules; the agreement may terminate on a specific date and so on. In principle, a contract could be written in such a way that the service has the right to terminate the agreement, but the customer cannot terminate the agreement (so they are stuck with that cell service provider for life). Assume that the contracts in question are contracts of adhesion (take it or leave it, customer). In the scenario, (1) there may be an explicit statement that the customer is perpetually bound or (2) there is no statement regarding termination by the customer: I assume the answer is different depending on whether the contract is silent.\n\n\nIs there any statutory or case law that addresses the enforceability of perpetual contracts (general common law, unless the answer is too jurisdiction in which case US)? I understand that a contract can obligate a customer to do something in exchange for receiving X, so I'm not asking if *quid* can be extinguished when there exists a viable *quo* within the statute if limits. I am also not asking about perpetual copyright licenses.\n\n\n","text_label":"contract-law","title":"Are perpetual contracts enforceable?"} {"Id":1770,"PostTypeId":1,"CreationDate":"2015-08-12T00:01:35.787","Score":2,"ViewCount":60.0,"LastActivityDate":"2015-08-12T00:58:11.447","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"The question:\nIf I am missing time at work, and spending free time, to do research to free myself from a 'crime' I didn't commit, can I sue 'the plaintiff'?\n\n\nThe background:\nA rental car company is accusing me of doing ~2000 dollars worth of damage to the locks on one of their cars, they said that I must have locked myself out and trashed the door trying to break in.\n\n\nI have hours of footage of the car in the hotel lot where I parked it, pictures showing the car in the condition it was returned, and the car was inspected when dropped off. There is more information I could provide, but it suffices to say that I have mountains of incontrovertible evidence showing that I never broke the car. Three dealers have quoted me a price of ~$300 to repair the damage they are describing. In addition, they have tried to charge me twice today, once for 2000, and once for 500 dollars, and I had to cancel my credit card to prevent them from continuing to try to get whatever sum they can. I have spent the last eight hours gathering this information, I plan to write them a letter tonight, mail it tomorrow, will probably be in contact with them again at least once more, and so will be spending more of my time defending myself against a 'thief'. I have read online that rental car companies will do this sometimes, and that there is no way out of their fees, but that part I already have covered. the question is:\n\n\nIs there some way for me to inconvenience them (monetarily or otherwise) to get a sense justice? \n\n\n","text_label":"liability","title":"Being Paid for Preparation Time"} {"Id":4739,"PostTypeId":1,"CreationDate":"2015-10-26T14:59:19.257","Score":1,"ViewCount":707.0,"LastActivityDate":"2015-10-26T16:12:53.733","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 3.0","body":"Can anyone explain the difference between leaking classified information where the information leaked doesn't technically violate any laws (ie- wikileaks) & printing something like the drone report (drones violate international law but we knew that before the papers) and actually whistleblowing like cigarette companies have been using carcinogens or NSA violating American rights. The first two are treason, but the latter two are whistleblowing? Does what is reported actually matter to avoid a treason charge? \n\n\n","text_label":"criminal-law","title":"Treason vs Whistleblowing charges?"} {"Id":76734,"PostTypeId":1,"CreationDate":"2022-01-04T02:41:37.767","Score":0,"ViewCount":81.0,"LastActivityDate":"2022-01-05T11:35:47.670","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I am writing a blog and often use some examples from my past (previous companies where I was working).\n\n\nAll of the examples are trivial (no financial info, no customer info, no know-how, and so on). And most of these events happened A LOT of time ago. So, as a result, I am pretty sure nobody cares.\n\n\nHowever, one of my friends asked me, \"Is it ok (from a legal perspective) what you are doing?\" and I got curious about that.\n\n\nAre there laws that govern something like that, or is it purely per employment agreement (and other agreements) signed during employment? Is there any statute of limitations overriding such agreements?\n\n\n","text_label":"employment","title":"What can a person legally publicly share about his previous employer?"} {"Id":61264,"PostTypeId":1,"CreationDate":"2021-02-17T15:41:01.327","Score":2,"ViewCount":120.0,"LastActivityDate":"2021-02-17T19:08:39.260","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Assume a person, who has a net worth of \u20b91 billion; pirates and resells software worth \u20b92 billion. A lawsuit is filed against that person and about \u20b91 billion can be recovered. Is it possible to ask for an investigation in to, and compensation from, all who those received the pirated software for one more billion?\n\n\nWill the lawsuit continue or end at that person, or will it continue to the recipients?\n\n\n","text_label":"intellectual-property","title":"How deep can IP piracy lawsuits go?"} {"Id":17350,"PostTypeId":1,"CreationDate":"2017-02-25T04:19:26.790","Score":2,"ViewCount":2714.0,"LastActivityDate":"2017-02-25T17:17:10.010","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I know in some contracts it specifically states \"this contract can only be modified in writing by an addendum\". I've read this is redundant as it's always true. I've also seen explicit terms in addenda saying things like \"this addendum takes precedence, supersedes or prevails over any conflicts, contradictions or inconsistencies with the contract\". Is this necessary? Isn't this type of statement redundant too as that's the whole point of an addendum?\n\n\nIs there a natural limit to an addendum, for example is a new contract ever required? For example say the initial contract says \"Joe will pay Sam $100 each month\" but then the addendum says \"Joe will pay Robert $200 bi-monthly\". Is this the point of having the clause about supersede\/precedents?\n\n\nBasically what I'm asking is, are there any rules for addenda, for example can they both add to, remove from and modify the original contract?\n\n\n","text_label":"contract-law","title":"When and how does an addendum apply?"} {"Id":51619,"PostTypeId":1,"CreationDate":"2020-05-20T03:09:03.047","Score":0,"ViewCount":59.0,"LastActivityDate":"2020-05-20T07:14:07.323","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Suppose you have this scenario:\n\n\nCompany AA is an automotive manufacturer that needs to upgrade the IT system that lasted for 10 years. It asked the same supplier of old IT system to provide a feasibility study on how the system could be improved in terms of speed and efficiency. Company AA recevied a report that the system can be upgraded. Then, Company AA issued a formal invitation to tender for the work involved on the basis of Company AA 'Standard Terms for IT Services'. The supplier produced a tender with detailed information like cost and duration, however the tender made several modifications to Company's standard contract terms for IT services. \n\n\nThen, A formal notification of contract award was issued by company AA to the contractor, but ignored the Clauses modifications and included a reference to the original standard terms of contract for IT services. \n\n\nThe contractor did not agree with the original terms, so refused the contract award. Is the contractor obligated to start working on the project as they have reached the contract award stage. In other words, is there any legal obligations or **can a contract award can be resufed if the contactor did not agree on terms ?**\n\n\nP.S following common law in US & UK\n\n\n","text_label":"contract-law","title":"Is it possible for a contract to refuse a contract award"} {"Id":17959,"PostTypeId":1,"CreationDate":"2017-03-24T09:33:15.920","Score":0,"ViewCount":61.0,"LastActivityDate":"2017-03-24T21:18:11.957","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"Many academic journals provide access to old articles via a digital copy of it (normally a pdf). Sometimes this is through a Third Party (like JSTOR, a database). Many of these articles are already in the public domain, as the author died more than 70 years ago (for the case of works published in the US and UK). The format in which the work was published lost copyright too, as the publication is older than 25 years.\n\n\nI know that I could go to my local university, get a copy of one of this old journals, scan it and distribute it, without infringing any copyright.\n\n\nHowever, **if the publisher (directly, or indirectly through a third party) offers a digital copy of the original document, does this count as a new publication?** (which means it has 25 years of copyright)\n\n\nNotice that \"digital copy\" normally means a high-quality scan, and not a retyping of the original document. Also notice that many times these articles do not come with a \"new\" publication date. The date of publication remains that of the original article. Thus, it is not clear to me when the new publication date would be, if this is the case.\n\n\n","text_label":"copyright","title":"Does the digitalisation (pdf) of a work already in the public domain has copyright?"} {"Id":38985,"PostTypeId":1,"CreationDate":"2019-04-10T16:10:15.807","Score":-4,"ViewCount":321.0,"LastActivityDate":"2019-04-10T23:52:33.813","AnswerCount":2.0,"CommentCount":8,"ContentLicense":"CC BY-SA 4.0","body":"Today US Senator Elizabeth Warren released her family's tax returns, as [reported here by LA Times](https:\/\/www.latimes.com\/politics\/la-na-pol-elizabeth-warren-tax-return-20190410-story.html?utm_source=dlvr.it&utm_medium=twitter). Article says that:\n\n\n\n> \n> Democratic presidential candidate Elizabeth Warren has released her\n> tax return for 2018, reporting that she and her husband paid more than\n> $200,000 in taxes on a joint income of about $900,000 last year.\n> \n> \n> \n\n\nThat comes down to about 22% tax rate. When I take into account marginal tax rate total tax comes up to about $275k = $164k+0.37\\*$300k which is effectively 30%, following [this table](https:\/\/www.forbes.com\/sites\/kellyphillipserb\/2018\/11\/15\/irs-announces-2019-tax-rates-standard-deduction-amounts-and-more\/#3b321e6d2081):\n\n\n[![enter image description here](https:\/\/i.stack.imgur.com\/soM5t.png)](https:\/\/i.stack.imgur.com\/soM5t.png)\n\n\nIs that calculation correct? Does it mean Senator's family got deductions worth $75k in taxes?\n\n\n","text_label":"tax-law","title":"Why Elizabeth Warren effective tax rate is 22% and not 30% on $900k income"} {"Id":48241,"PostTypeId":1,"CreationDate":"2020-01-16T16:48:28.213","Score":2,"ViewCount":95.0,"LastActivityDate":"2021-12-20T18:43:51.173","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Background\n==========\n\n\nIn the United States, the [NARA](https:\/\/www.archives.gov\/) is the authority that receives all final documents related to the State ratification of a United States Constitutional amendment as implied [on the NARA website](https:\/\/www.archives.gov\/federal-register\/constitution\/united-states-code.html):\n\n\n\n> \n> **TITLE 1 -- GENERAL PROVISIONS**\n> \n> \n> **CHAPTER 2 -- ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT; REPEALS;\n> SEALING OF INSTRUMENTS**\n> \n> \n> Sec. 106b. Amendments to Constitution\n> \n> \n> Whenever official notice is received at the National Archives and\n> Records Administration that any amendment proposed to the Constitution\n> of the United States has been adopted, according to the provisions of\n> the Constitution, the Archivist of the United States shall forthwith\n> cause the amendment to be published, with his certificate, specifying\n> the States by which the same may have been adopted, and that the same\n> has become valid, to all intents and purposes, as a part of the\n> Constitution of the United States.\n> \n> \n> \n\n\nIn addition, the NARA has also received recession or rejections of certain Constitutional amendments from the states, the validity of which is not pronounced by the head archivist, but is seen as conclusive by another (unnamed) authority as stated [here](https:\/\/www.archives.gov\/federal-register\/constitution):\n\n\n\n> \n> In a few instances, States have sent official documents to NARA to record the rejection of an amendment or the rescission of a prior ratification. The Archivist does not make any substantive determinations as to the validity of State ratification actions, but it has been established that the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.\n> \n> \n> \n\n\nSince the most credible source I found on the matter does not state who \"established\" that the legal sufficiency of ratification documents is final and conclusive, I wanted to ask the following question:\n\n\nQuestion\n========\n\n\nWhat authority (or authorities) has established that the facial legal sufficiency of ratification documents is final and conclusive?\n\n\n","text_label":"constitutional-law","title":"What authority (or authorities) have established the status of State ratifications of U.S. Constitutional amendments?"} {"Id":64989,"PostTypeId":1,"CreationDate":"2021-05-14T09:23:41.740","Score":2,"ViewCount":1017.0,"LastActivityDate":"2021-05-14T22:34:40.557","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Prompted by David Siegel's [answer](https:\/\/law.stackexchange.com\/questions\/64967\/can-photographs-of-landmark-properties-be-used-commercially),\nspecifically his final sentence:\n\n\n\n> \n> if a building is old enough that it is not protected by copyright, there is no protection.\n> \n> \n> \n\n\nWould this apply when the building has recently been altered in some way?\n\n\nI assume that a substantial alteration, such as a new wing, might have its own copyright but what about a fresh lick of paint on the front door or having wooden window frames replaced with uPVC ones?\n\n\nI appreciate that it is highly likely to be fact-specific and although I've added the [united-states](\/questions\/tagged\/united-states \"show questions tagged 'united-states'\") tag for consistency, I'm interested in people's thoughts from any jurisdiction.\n\n\n","text_label":"copyright","title":"Copyright on building renovations"} {"Id":14057,"PostTypeId":1,"CreationDate":"2016-09-13T10:54:22.367","Score":0,"ViewCount":210.0,"LastActivityDate":"2016-09-18T17:51:03.130","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 3.0","body":"After reading I was wondering if this realy is common in germany?\n\n\nFrom the answer: \n\n\n\n> \n> I would say that the restrictions are pretty standard for Germany.\n> \n> \n> \n\n\nIs it?\n\n\n","text_label":"internet","title":"Is it normal for German Landlords to intercept internet traffic?"} {"Id":50462,"PostTypeId":1,"CreationDate":"2020-04-04T13:55:58.563","Score":0,"ViewCount":1676.0,"LastActivityDate":"2020-04-05T01:44:35.140","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"Windows 10 (pro, enterprise, any) that supposedly have never been activated so far are (re) sold online for 5$-20$. I assume that those are key that have initially been given out by microsoft in volumes or in countries with lower pricing (as the price is around 200$ when bought directly from microsoft).\n\n\nIs it legal to resell Windows license keys? Are there any kinds of Windows 10 pro\/enterprise keys for which it is forbidden to resell them?\n\n\n","text_label":"licensing","title":"Is resale of Windows 10 keys legal?"} {"Id":43658,"PostTypeId":1,"CreationDate":"2019-08-12T22:01:37.823","Score":4,"ViewCount":629.0,"LastActivityDate":"2019-08-13T11:55:37.470","AnswerCount":3.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"I've heard some fellow geeks (who are always obsessed with computer privacy) talk about how 'amazing' a hidden partition is for privacy. I don't really see the point of all the trouble if I'm not actively engaging in illegal activities on my machine, but for now I'm more interested in rather or not such a hidden partition is as foolproof as these individuals claim; specifically would it really render any law enforcement powerless to do anything.\n\n\nWithout going too deep into the technical factors involved the idea is to have another partition (ie part of the computer reserved to install and run software on) where the partition is both encrypted and not listed in the boot sector, where partitions are usually stored. The net result is a hidden partition, no one can see or access it without using some special boot technique, such as using a CD or thumb drive to change how the computer boots up, to connect to it. if you don't plug in your magic thumb drive before you start your computer then in theory it would be impossible to tell you have another hidden partition or connect to it.\n\n\nI know enough about computers to know this hidden partition isn't quite as foolproof as claimed, as inferring the existence of a hidden partition shouldn't be impossible on a technical level. The fact that a large part of the computer isn't allocated, effectively preventing use of part of your computer's storage, should be enough to make an analyst at least suspect a hidden partition may exist, doubly so if someone mostly used their hidden partition so that their visible partition was rarely used or too small to be useful. Once a hidden partition is suspected some analysis of 'randomness' of the 1 and 0 on the unallocated space could be used to provide extremely strong evidence that there was encrypted data saved there, with a very large area of encrypted data in turn being very suggestive, but not definitively prove, that a hidden partition is being used.\n\n\nSo say that a suspected criminal, who used one of these hidden partitions, had his computer confiscated. Let's further say the polices' technical folks are on the bar and noticed the evidence which strongly suggests, but could never definitively prove, that the suspect was using a hidden partition. The police would, of course, like to get access to this hidden partition to see if anything incriminating is saved on it, but their going to need the magic thumb drive to view anything saved on it.\n\n\nI suspect the police could not compel the criminal to hand this over directly, as the evidence, no matter how suggestive, would not be be absolute proof that the hidden partition existed. Though if the police were able to find some other proof of a hidden partition, such as conversations the suspect had with someone where the suspect refers to his use of such a partition, they may be able to meet a sufficient burden of proof to compel the suspect to make the content of the partition available to them?\n\n\nWould there be any other options that the police may have to deal with such a suspected hidden partition which may contain incriminating data? The two obvious ones I could think of are:\n\n\n1. getting a second search warrant to allow them to search for the thumb drive used to connect to the partition. I imagine that they only need reasonable suspicion of a hidden partition to get a more extensive search warrant? Though I doubt that would be too useful since a criminal would presumably destroy such a device immediately after their computer was confiscated to prevent police from getting hold of it?\n2. Could the mere (strongly suspected) presence of a hidden partition be used against the suspect? for instance in a criminal trial could the prosecutor argue the fact that the suspect was apparently going to great lengths to make it impossible to see what he was using his machine for as evidence that the suspect likely was doing something unlawful with the machine?\n\n\n","text_label":"criminal-law","title":"Would police in the US have any alternative for handling a confiscated computer with a hidden partition?"} {"Id":1343,"PostTypeId":1,"CreationDate":"2015-07-24T22:45:36.423","Score":2,"ViewCount":506.0,"LastActivityDate":"2015-07-25T13:31:52.000","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"All software development contracts I've seen specify that x piece of software will be developed for y dollars within z amount of time. This works out for traditional [Waterfall](https:\/\/en.wikipedia.org\/wiki\/Waterfall_model) model projects, where you do a lot of forward planning and it is reasonable to expect that you will know how long the project will take near the beginning of the project. It doesn't match up at all for [Agile](https:\/\/en.wikipedia.org\/wiki\/Agile_software_development), where you can start without having any idea exactly where you will end up and you are expected to be able to deal with requirements changes.\n\n\nHow would a contract for Agile software development differ from a contract for Waterfall software development? Is there a place where I can find a sample contract for Agile development?\n\n\n","text_label":"contract","title":"How should a contract for Agile software development differ from a contract for Waterfall software development?"} {"Id":31869,"PostTypeId":1,"CreationDate":"2018-09-19T20:59:16.123","Score":1,"ViewCount":54.0,"LastActivityDate":"2018-09-21T02:08:26.940","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I needed a variety of yard work done around my house. I found a contractor and scheduled him to come out and give an estimate. He did not show up on time to give the estimate. However, that is typical in the business. However, I did try to contact him a few times, with no response. I was not happy and started looking for another contractor. He did show up several hours later and gave me an estimate. We ended up agreeing on a price and scheduled the work to be done 5 or 6 days later at an unscheduled time on Sunday. He said it would be \"after Church.\" Sunday came and I tried texting him a few times with no response. He was a no show. While at work Monday, I started looking for another contractor. When I arrived home from work, I saw that all the work had been done in my absence. He did not contact me in any way, just left a bill in my door. He did everything requested and did a good - not great - job. If I had been there, I would have had him touch up a few areas. However, I was satisfied with what was done and mailed him a check.\n\n\nHowever, I was wondering what would have happened if I didnt want him to do the work. Verbally, we said Sunday. Can he just show up Monday and do the job without my permission? I wouldnt think so. Im in Virginia, if that makes a difference.\n\n\n","text_label":"contract","title":"Delivering services at a later date"} {"Id":1791,"PostTypeId":1,"CreationDate":"2015-08-12T16:47:14.780","Score":0,"ViewCount":114.0,"LastActivityDate":"2015-08-12T18:11:02.023","AnswerCount":2.0,"CommentCount":6,"ContentLicense":"CC BY-SA 3.0","body":"CPS were directed by the Crown court to provide the reasoning why the Police did not secure CCTV evidence. The court made an order to provide this to all parties by 28 July. On 30th July CPS requested a variation to the order to extend the time to 11 August. CPS were asked on what grounds they were seeking this variation. Nothing was received from CPS and even their own requested extended deadline has passed now. Case is being heard 21 August\n\n\nWhat options are available to the defendant at this point?\n\n\n","text_label":"criminal-law","title":"CPS Breaching Court Order"} {"Id":34315,"PostTypeId":1,"CreationDate":"2018-12-12T12:41:18.330","Score":0,"ViewCount":1233.0,"LastActivityDate":"2018-12-12T15:08:15.193","AnswerCount":1.0,"CommentCount":6,"ContentLicense":"CC BY-SA 4.0","body":"So just wondering, will it be legal to use a few lines of song lyrics as your service\/company's slogan? For example, \"You just gotta ignite the light, and let it shine\" (Katy Perry's firework) as a slogan for something like fund-raising platform? Like maybe a whole song is copyrighted (not familiar with copyrights on songs), but is it possible to legally use part of it if you like the meaning?\n\n\nIf can, how about adding `TM` or registered sign next to it? Since most slogan has it.\n\n\n","text_label":"copyright","title":"Song lyrics as (trademarked) slogan"} {"Id":22612,"PostTypeId":1,"CreationDate":"2017-09-13T08:22:39.810","Score":1,"ViewCount":61.0,"LastActivityDate":"2017-09-13T11:19:32.903","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"On the 6th of september I booked a photoshoot in Miami (I am from germany), my trip was later canceled and I can't go to Miami Beach. I think you all know about Hurricane Irma...\nMy Photoshoot costs overall 2k and I already paid 500 upfront. The contract says that if I cancel the shoot the 500 dollars will be kept by the photographer. Which I can understand, since he might lose other clients the same day.\n\n\nHowever, do you think this is okay? I lost my complete flights to the U.S. and suffered already some k in money. \nThe 500 dollars i paid were agreed by both sides, but it could be 300 or 600, we simply thought there will be no reason to not make the shooting. \n\n\nIf you need any more information, please let me know.\n\n\n","text_label":"contract-law","title":"Booked a shooting (pictures) in Miami - my trip was canceled"} {"Id":3373,"PostTypeId":1,"CreationDate":"2015-09-06T05:19:23.137","Score":3,"ViewCount":276.0,"LastActivityDate":"2015-09-06T06:32:26.757","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"If I am out somewhere, and say my door is open and there are drugs in plain view, if a cop was in the house could I be arrested even though I'm not there?\n\n\n","text_label":"criminal-law","title":"Can I be arrested if I'm not home and there are drugs in my room?"} {"Id":52036,"PostTypeId":1,"CreationDate":"2020-06-03T13:50:27.607","Score":2,"ViewCount":118.0,"LastActivityDate":"2020-09-11T03:42:10.007","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"In the Jeffrey Epstain case in which a pyramid scheme of international sex trafficking and abuse came to light, the FBI filed a fifty three page indictment in June 2007.\n\n\nHowever, the then Attorney-General of South California. Alexander Acosta agreed to a 'plea-deal' which more or less granted immunity to Epstein and four other named Co-conspirators and incredibly, any unnamed potential Co-conspirators. This agreement shut down the FBI probe completely. \n\n\nHowever, a federal judge later found that the victims rights had been 'violated' in this agreement, and called the deal a 'conspiracy' and ordered the case to go ahead. \n\n\nThe Trump administration later selected Alexander Acosta to stand as Labour Secretary. When the the evidence for the secret back room deal, or rather 'conspiracy' came to light, the ensuing outrage forced his resignation from his post. \n\n\n**Given that it appears that he was defending the rights of people involved in a pyramid scheme of sexual abuse of young and vulnerable women, why hasn't Acosta been charged with obstructing justice and\/or conspiracy?**\n\n\n","text_label":"criminal-law","title":"Why wasn't Acosta arrested on conspiracy charges and\/or the obstruction of justice?"} {"Id":11055,"PostTypeId":1,"CreationDate":"2016-06-18T17:42:08.990","Score":0,"ViewCount":3948.0,"LastActivityDate":"2016-06-19T05:07:36.217","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"I would like to name my S-corp after a character from a book. This is not the real name I want to use, but it would be analogous to \"Harry Potter Magic Shop\".\n\n\nI found one [tangentially related question](https:\/\/law.stackexchange.com\/questions\/5004\/can-i-name-a-real-company-after-a-fictional-company-found-in-a-book) and the highest voted answer seems to imply that this is okay, but it wasn't entirely clear, there was no accepted answer and this situation might be different because I don't want to use the book's title but rather just a character's name in the book.\n\n\n","text_label":"intellectual-property","title":"Can you name your company after a fictional character from a book?"} {"Id":36728,"PostTypeId":1,"CreationDate":"2019-01-30T08:37:34.037","Score":3,"ViewCount":875.0,"LastActivityDate":"2019-11-05T16:03:20.500","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I understand in this age that there are several uses for vpns.\n\n\nAs such I did some research and decided to use nord as they seemed popular and claimed to not log.\n\n\nHowever when I connect to certain servers in Europe and google what is my isp it brings back a company called M247 ltd. which appears to be based out of the UK.\n\n\nNow my questions is this:\n\n\nHow can nord (or any other big provider) possibly claim a no log policy if they are simply renting the servers and since m247 is based in the U.K. Could they be forced to log turn over information even without consent of nord because the company is based in the U.K. even if the physical server is somewhere else like Switzerland for instance?\n\n\nI get nothing is completely 100% and there has to be some level of trust but they claim no logs so surely they must have some controls over the logging of the servers they rent from m247 (or others who provide servers to them).\n\n\nThis seems like it would be a problem for any vpn provider who rented servers (which is a lot of big providers).\n\n\nSo what exactly is going on? Are they renting the servers and then nord install something to secure the servers from logging or is all traffic anonymised by the vpn before it even reaches the server? Or maybe they have a policy with the owner of the server to not log?\n\n\nHopefully it is clear what I am asking.\n\n\nThank you.\n\n\n","text_label":"privacy","title":"Should I be concerned my vpn server provider is based in the U.K.?"} {"Id":78,"PostTypeId":1,"CreationDate":"2015-05-27T06:29:50.067","Score":9,"ViewCount":529.0,"LastActivityDate":"2015-06-16T02:55:23.700","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Specifically, if the website itself has legal disclaimers to protect itself from litigation arising from legal advice provided on it, would a similar disclaimer claiming to disclaim authors of content on the website protect those authors? \n\n\n","text_label":"internet","title":"Does a boilerplate legal disclaimer protect authors of content on a website?"} {"Id":22909,"PostTypeId":1,"CreationDate":"2017-09-27T00:58:50.633","Score":2,"ViewCount":82.0,"LastActivityDate":"2017-09-27T19:29:11.347","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"If I record my own work using [IBM's Watson demo](https:\/\/text-to-speech-demo.mybluemix.net), who owns the copyright on those recordings?\n\n\nI couldn't find the terms of use for the demo service, nor the full service after registration.\n\n\n","text_label":"copyright","title":"Who owns the copyright on a Watson recording?"} {"Id":5305,"PostTypeId":1,"CreationDate":"2015-11-19T20:30:51.757","Score":7,"ViewCount":10544.0,"LastActivityDate":"2022-03-07T23:04:18.247","AnswerCount":2.0,"CommentCount":5,"ContentLicense":"CC BY-SA 3.0","body":"I went to sign up for a new Comcast account online. They asked me for some basic billing info, but *also* asked for my DOB and SSN, which I'd rather not give to them out of concern about identity theft.\n\n\n[![Comcast signup info - billing](https:\/\/i.stack.imgur.com\/STReo.png)](https:\/\/i.stack.imgur.com\/STReo.png)\n\n\nThe claim is that they need it to run a credit check (ok, fair enough):\n\n\n[![Comcast signup info - SSN](https:\/\/i.stack.imgur.com\/mvihU.png)](https:\/\/i.stack.imgur.com\/mvihU.png)\n\n\nBut then wait! There is an alternative - I can pay a $50 deposit instead. Or so I thought:\n\n\n[![Comcast signup info - deposit](https:\/\/i.stack.imgur.com\/Vmvcl.png)](https:\/\/i.stack.imgur.com\/Vmvcl.png)\n\n\nThey *still* ask for my SSN! I thought that perhaps it was now an optional field, but as you can see from the validation message:\n\n\n[![Comcast signup info - form validation](https:\/\/i.stack.imgur.com\/aOn9k.png)](https:\/\/i.stack.imgur.com\/aOn9k.png)\n\n\nSo, it would seem that they are not giving me a choice here. Is this legal? Are they allowed to *require* my SSN just to set up service?\n\n\n","text_label":"privacy","title":"Is it legal for Comcast to (apparently) require my SSN to obtain service?"} {"Id":44525,"PostTypeId":1,"CreationDate":"2019-09-09T08:12:38.513","Score":1,"ViewCount":50.0,"LastActivityDate":"2019-09-09T12:02:22.700","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Hypothetical facts\n\n\n1. Alice buys a hardback book from the publisher for $70.\n2. Alice makes a digital copy of the book and posts it online to an account only Alice can access.\n3. For one week, Alice rents exclusive access to the online file for one day each to Melanie, Tanya, Wanda, Tammy, Francis, Sam and Serena for $10\/day per person.\n\n\nQuestion\n\n\nHave any copyright laws been broken? If so, which ones, specifically?\n\n\n","text_label":"copyright","title":"U.S. copyright law"} {"Id":30914,"PostTypeId":1,"CreationDate":"2018-08-12T06:00:56.923","Score":1,"ViewCount":136.0,"LastActivityDate":"2018-08-12T12:01:19.893","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Many employers, typically those offering minimum wage jobs, have applicants fill out a personality quiz. They usually probe whether the applicant believes stealing is justifiable, if they value their job above their own well-being, if their outlook on the world is bleak, and other personal questions.\n\n\nIt's generally accepted that you put in what the employer would value, and not your true values. However, once employed, if you revealed in conversation your true beliefs, and they ran counter to what you wrote down, could this give the employer just cause in termination?\n\n\n","text_label":"employment","title":"Can employers fire someone for \"lying\" on personality questionnaires?"} {"Id":5533,"PostTypeId":1,"CreationDate":"2015-12-01T21:11:55.637","Score":1,"ViewCount":126.0,"LastActivityDate":"2015-12-01T22:33:15.763","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"Suppose I draw up an agreement between two persons that makes no reference to statutory law. I'll give some examples below. Would that constitute the \"practice of law\"?\n\n\nLet's say I write a contract for two people that says \n\n\nExample 1 \"Person A will allow Person B to keep his nuisance tree if Person B allows Person A to walk across Person B's lawn to get to his mail box.\"\n\n\nExamples 2 \"Person A will allow Person B to use Person A's swimming pool if Person B will allow Person A to blast loud music after 10pm.\"\n\n\nSuppose I charged a dollar to write these contracts. Would that constitute the practice of law?\n\n\nIf not, when does it become the practice of law? When the money becomes bigger? When the stipulations state that there are penalties? What?\n\n\n","text_label":"contract-law","title":"Would writing a contract for two people be considered the \"practice of law\"?"} {"Id":65213,"PostTypeId":1,"CreationDate":"2021-05-23T22:31:18.990","Score":1,"ViewCount":23.0,"LastActivityDate":"2021-05-23T22:31:18.990","AnswerCount":0.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I'm developing an app that users can connect to their Instagram account. Users will have an option to import their posts from their profile feed.\n\n\n1. With the user's permission, can I show posts from the user's Instagram profile to display in my app's user's profile?\n2. Do I have to indicate that the post from imported from Instagram? This could be Instagram's logo in some corner.\n\n\n","text_label":"internet","title":"Can you import posts from Instagram?"} {"Id":49730,"PostTypeId":1,"CreationDate":"2020-03-07T19:01:01.643","Score":0,"ViewCount":198.0,"LastActivityDate":"2021-08-16T17:00:40.057","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"1. While trying to modify as little as possible, how can I make the bilateral sales contract in Practical Example 1 unilateral?\n2. What if I copy and paste Practical Example 2 and modify like it this?\n\n\n\n> \n> ~~Daniel~~ [Alex] offers (or promises) ~~a free watch~~ [a bicycle] to anyone who ~~three tokens from the packets of cereal he manufactures, together with a cheque for \u00a35~~ [pays him \u00a3150]. \n> \n> \n> \n\n\nBut then doesn't my edit become a bilateral contract? \n\n\nPoole, 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 5.\n\n\n\n> \n> The key distinction: bilateral and unilateral agreements\n> ========================================================\n> \n> \n> Broadly, agreements will be one of two types:\n> \u2022 bilateral\n> \u2022 unilateral.\n> \n> \n> Definition\n> ----------\n> \n> \n> **Bilateral agreements:** by far the most common in practice and consist of a promise in\n> exchange for a promise. Bilateral means both parties are bound on the exchange of promises,\n> although there has yet to be any performance of those promises. \n> \n> \u00a0 \u00a0 \u00a0 A typical sale of goods agreement is bilateral. \n> \n> \n> ### Practical example 1\n> \n> \n> Alex offers (or promises) to sell his bicycle to Becky for \u00a3150 and Becky accepts, thereby promising\n> to pay \u00a3150. (We will use this as our example of a bilateral agreement and look at variations and additions\n> to the facts throughout this chapter.)\n> \n> \n> Definition\n> ----------\n> \n> \n> **Unilateral agreements:** consist of a promise in exchange for an act. It follows that only one party is\n> bound at the outset by a promise. The other\u2019s acceptance is the performance of the requested act. \n> \n> \u00a0 \u00a0 \u00a0 For example, a typical unilateral agreement will involve an offer of a reward and may be\n> phrased as an \u2018if\u2019 contract: I promise to pay \u00a350 to anyone who finds and returns my lost dog.\n> \n> \n> ### Practical example 2\n> \n> \n> Daniel offers (or promises) a free watch to anyone who returns three tokens from the packets of\n> cereal he manufactures, together with a cheque for \u00a35. Emily accepts by returning the three tokens\n> with her cheque for \u00a35. (We will use this as our example of a unilateral agreement and return to this\n> example later in the chapter.)\n> \n> \n> \n\n\np 6.\n\n\n\n> \n> Making the correct distinction.\n> -------------------------------\n> \n> \n> It is not possible to accept a unilateral offer by promising to\n> find and return the lost dog or by promising to collect and return the tokens and the cheque. By\n> comparison, the agreement to sell the bicycle cannot be unilateral. Students sometimes suggest\n> that a simple sale contract is unilateral by interpreting the act of paying for the bicycle as the\n> requested act. This is incorrect since, as long as it is possible to accept by promising to buy (which\n> it is in the example), the agreement will be bilateral.\n> \n> \n> \n\n\n","text_label":"contract-law","title":"What's the tiniest modification necessary to convert a bilateral, to unilateral, sales contract?"} {"Id":78037,"PostTypeId":1,"CreationDate":"2022-02-22T01:06:56.503","Score":1,"ViewCount":59.0,"LastActivityDate":"2022-02-22T19:48:14.160","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"This a very odd situation so please read closely.\nI have been organizing a community-wide project in the fanbase of a video series where various artists can volunteer to draw and submit their art in the form of tarot cards for a complete deck (any minors 17 and younger who are participating are required to receive their parents written permission to submit their art.) These artists are going to be credited in the form of an included booklet with each deck, which all artists have agreed is adequate.\nI have been given written permission from the creator and copyright holder of the video series to run this project and sell the completed deck on the agreed condition that 100% of the profits go to charity. I do not believe I have any need to file a copyright as the source material is not mine, we are simply using it with permission. It should also be noted that this is not going to be sold forever, rather it is a limited edition deck that, once the preorder listing expires, will never be sold again.\nAs for writing the copyright footer on the physical box, how would I write this out? I've seen online examples such as \"\u00a9 2020\/2021 ExampleName\" but I'm unsure if that would transfer to a physical product.\nI am also unsure if I should write any copyright information on the listing itself (likely through Etsy, since it's cheaper and more secure). If so, how would I do that?\nAny help is appreciated, thank you!\n\n\n","text_label":"copyright","title":"How to Write Physical Copyright Footer on a Product"} {"Id":48780,"PostTypeId":1,"CreationDate":"2020-02-04T17:47:52.403","Score":3,"ViewCount":259.0,"LastActivityDate":"2021-10-22T05:43:20.787","AnswerCount":2.0,"CommentCount":11,"ContentLicense":"CC BY-SA 4.0","body":"Premise:\n\n\n\n> \n> The fiancee of Jamal Khashoggi has said the world has failed to hold Saudi Arabia to account\n> \n> \n> \n\n\nThere are quite a lot of cases when agents of a state can kill (with or without sanction) an individual: a spy, an \"undesirable\" person, a terrorist in a third country.\n\n\nUsing this case as an example, can SA be held accountable for killing the journalist (in 'having a tribunal' sense)? \n\n\nCan a state be prosecuted for killing a foreign spy? What if a country sends a task force to eliminate a terrorist in a 3rd country?\n\n\n","text_label":"criminal-law","title":"(How) Can a state be accountable for murder?"} {"Id":11220,"PostTypeId":1,"CreationDate":"2016-06-26T16:06:20.180","Score":1,"ViewCount":724.0,"LastActivityDate":"2016-06-29T01:01:04.287","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I'd like to ask about all those \"X Times\" newspapers. like NY Times,LA Times. \n\nCan i create another newspaper that will have word \"Times\" in it?\n(Like \"My Hobby Times\")\n\n\nI've checked in Trademark Database and there is about 8k live trademarks for word times and time but most are non related to newspapers.\n\n\n","text_label":"trademark","title":"Is word \"Times\" in name of Newspapers trademarked or is it generic word?"} {"Id":46556,"PostTypeId":1,"CreationDate":"2019-11-17T17:51:33.670","Score":1,"ViewCount":41.0,"LastActivityDate":"2019-11-17T18:19:52.837","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I do know that in the US, bank-account interests are taxable as passive incomes, but what I don't understand is the point of filing tax returns on bank account interests, since the government (or the IRS), or whatever, has access to bank accounts and can directly deduct taxes (not seizing, I'm not talking about unpaid taxes or fraud istances), without henceforth requiring a tax return filing, since they could deduct the money themselves.\n\n\n","text_label":"tax-law","title":"Filing US tax returns over bank account-related interests"} {"Id":64388,"PostTypeId":1,"CreationDate":"2021-04-23T08:10:46.013","Score":1,"ViewCount":36.0,"LastActivityDate":"2021-04-23T10:04:55.357","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I'm putting together a \"library of libraries\" for the C++ programming language. Each library is a collection of one or more text files of source code, plus a text file containing the license.\n\n\nRather than require the users of my \"library of libraries\" to download and import each individual library into their project, I'd prefer to put all the different libraries together into single massive text file.\n\n\nThis is not a modification of the source code, since the license covers the code, not the text file itself (and in most cases modification is allowed, but I'd like to avoid it altogether just in case.) I'm thinking I can just insert the licenses directly into the source code as a comment (a 'comment' is a section ignored by the programming language where you can write anything.)\n\n\nSo what would start as:\n\n\n\n```\nLibrary 1\n - file1A.cpp \"1A code\"\n - file1B.cpp \"1B code\"\n - license1.txt \"1 license\"\nLibrary 2\n - file2A.cpp \"2A code\"\n - file2B.cpp \"2B code\"\n - license2.txt \"2 license\"\n\n```\n\nBecomes\n\n\n\n```\n- library.cpp\n \/* Notice: the following is subject to license1 *\/\n 1A code\n 1B code\n \/* Notice: the following is subject to license2 *\/\n 2A code\n 2B code\n\n```\n\nAll I've done is changed the delivery format, so this should be acceptable. Can you see any reason why it would not be?\n\n\n","text_label":"licensing","title":"Source code licenses: can I append together source code from different sources if I include all licenses?"} {"Id":8228,"PostTypeId":1,"CreationDate":"2016-04-01T18:47:56.613","Score":1,"ViewCount":47.0,"LastActivityDate":"2016-04-01T18:47:56.613","AnswerCount":0.0,"CommentCount":3,"ContentLicense":"CC BY-SA 3.0","body":"Suppose a customer in the UK books multiple flights with a Canadian airline via telephone. \n\n\nSay the flights include:\n - Flights from the UK to Canada\n - Flights from the USA to Canada\n - Flights from Canada to the UK\n\n\nOn the telephone, the customer gives the details of the flights and receives a *single* quote (in CAD) for all the flights combined. The customer then pays using a debit card over the telephone. Later that day the customer receives an email confirming all the flight bookings. The booking information includes seat numbers.\n\n\n6 weeks later, an auditor at the Canadian airline calls the customer and says that the price paid was incorrect. The auditor says that there was a mistake and one leg was not included in the quoted price. The auditor says that despite the confirmation email the customer will not be able to travel on that leg unless the additional amount is paid.\n\n\nAre the actions of the Canadian airline legal? What action should the customer take?\n\n\n","text_label":"contract","title":"Is it legal for a Canadian airline to alter the price of a multi-flight booking after the initial payment and confirmation?"} {"Id":5532,"PostTypeId":1,"CreationDate":"2015-12-01T14:06:41.163","Score":2,"ViewCount":663.0,"LastActivityDate":"2021-07-29T15:42:42.683","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"What does the United States Patent and Trademark Office status [604 Abandoned after inter partes decision](http:\/\/www.uspto.gov\/web\/offices\/com\/sol\/og\/con\/files\/cons181.htm) mean for the trademark? Is the trademark in the public domain or so clouded that it could be used as such? Does the original claimant involved have more rights or explicitly zero rights to the mark than a third party?\n\n\nThe concrete reason I ask is the monthly transit pass I happened to buy today uses the old [Pennsylvania Railroad PRR trademark](https:\/\/trademarks.justia.com\/860\/21\/prr-pennsylvania-86021658.html) as the authenticity hologram. (The transit agency, SEPTA, was a customer of the PRR and its successor, Conrail, 1962-1982, and currently leases track from another PRR successor, Amtrak, but is not itself a successor to the PRR bankruptcy) A little googling found the Justia link above, showing this status change very recently, in October 2015. I naturally wonder what this means. \n\n\nIs SEPTA in the clear? Given decades of operating agreements, they may have explicit unexpired contract rights to use logos in printed schedules or fare media without owning them? \n\n\nHow about historical rail collectors who [paint](https:\/\/m.facebook.com\/Juniata-Terminal-PRR-E8s-171921079527695\/) the PRR livery and logo on rail equipment? \n\n\nIf I, wholly unrelated, wanted to make PRR memorabilia (or hypothetically paint a PRR logo on a van then employ it as an Uber or similar to trade on the 150 year transportation history of the mark) does the abandoned trademark status permit this? \n\n\n","text_label":"trademark","title":"What does USPTO status 604 \"Abandoned after inter partes decision\" mean for a trademark?"} {"Id":19566,"PostTypeId":1,"CreationDate":"2017-06-13T14:02:02.240","Score":0,"ViewCount":332.0,"LastActivityDate":"2017-06-13T16:20:51.397","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"In [this video](https:\/\/youtu.be\/VFHC3tdE5wA?t=730) the photographer is presented with a court order that says he cannot film jurors, but it would seem to me that that violates the first amendment. \n\n\nCertainly the court could instead build something to protect the jurors from photography without violating the first amendment. \n\n\n","text_label":"constitutional-law","title":"Can a court order supersede the U.S. Constitution?"} {"Id":53498,"PostTypeId":1,"CreationDate":"2020-07-22T20:47:18.633","Score":1,"ViewCount":79.0,"LastActivityDate":"2021-12-24T01:25:45.330","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I was reading into the Canadian copyright law and it says that:\n\n\n\n> \n> 29: Fair dealing for the purpose of research, private study,\n> education, parody or satire does not infringe copyright\n> \n> \n> \n\n\ndoes this allow the use of sites like Library Genesis outside a formal education setting, for self-study?\n\n\n","text_label":"copyright","title":"Does Canada allow the use of copyrighted materials for self study?"} {"Id":66668,"PostTypeId":1,"CreationDate":"2021-06-10T18:02:32.403","Score":2,"ViewCount":109.0,"LastActivityDate":"2021-06-10T23:31:37.383","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"So in order for you to copyright your piece of work - any work -- it has to meet criteria of minimum creative value. According to [\"An artist\u2019s guide to copyrights\"](https:\/\/thecreativeindependent.com\/guides\/an-artists-guide-to-copyrights) by Laura Levin-Dando:\n\n\n\n> \n> a broad range of creative works, such as photographs, visual art, audio recordings, sheet music, novels, and screenplays. If you expended creative effort to make something, you created it independently without copying someone else\u2019s work, and it is embodied in a physical format\n> \n> \n> \n\n\nTherefore, things that deemed to **lack creative value** or are **facts** (phone numbers) cannot be copyrighted. Where does this leave sequence of characters like digital signatures or hashes? They arguably don't have artistic value on its own - while they are unique, it just machine-generated sequence of bytes. It would be different if, for example, you used bunch of existing or valid hashes to compose them in ASCII art - but it would protect that piece of ASCII art only, wouldnt it?\nPlus, from my point of view - they are factual things. `Windows.dll` version `1.0.2.003` has md5hash `aea603dba12c6e23b7b0ab9db4f81120` - this is a fact. A file, containing list of hashes for list of files is not copyright protected on its own, even if it is a part of something which partially protected by copyright (software, video game).\n\n\nAm I missing something?\n\n\nP.S. If we delve into patent territory, then you can patent the mechanism by which has generated but not the product -- hash\/digital signature -- itself.\n\n\nP.P.S I'm talking in this specific case about signatures used to sign files but not the authoritative ones like SLL Certificates, signed and what not or personal digital signatures. Just a signature for the encrypted container that is regenerated anew every time it is created.\n\n\n","text_label":"copyright","title":"Can digital signature\/Hash sequence be copyrighted?"} {"Id":78078,"PostTypeId":1,"CreationDate":"2022-02-23T15:57:34.650","Score":5,"ViewCount":119.0,"LastActivityDate":"2022-02-23T18:12:08.983","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"If a person infringes on someone's copyright by making a derivative work (like fanart for example), who owns that work? I'm aware the copyright holder can stop the work from being distributed and take it down, as well as claim damages that the derived work may have caused.\n\n\nThis question comes from a recent controversy where Disney started selling a toy made from a 3d model that they took from a fan work made by an internet user. The 3d model seems to be clear copyright infringement as the fan didn't obtain permission and the object depicted in the model was copyrighted by Disney. They could have made him take it down and\/or get paid for damages, but It's not clear to me if they can just use the work as if it was a derived work made by them.\n\n\nIs Disney in the right here? Does the ownership of the original work grant them ownership over these infringing derived works? If not, does the fan have a case here or does the initial infringement invalidate any claim he may have?\n\n\nSorry if this has been asked before, I looked for this question but didn't find anything close enough.\n\n\n","text_label":"copyright","title":"Does a copyright owner own infringing derived works?"} {"Id":72967,"PostTypeId":1,"CreationDate":"2021-09-20T13:46:26.633","Score":0,"ViewCount":62.0,"LastActivityDate":"2021-09-20T15:12:20.693","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I'm thinking of creating a website where the user can create an account and upload his ebooks (pdf format) and read it from the site from wherever device his logged in to and I'm wondering is it legal to give the ability to the user to upload a copyrighted book that he purchased considering that he's the only one who can see he's ebooks plus should these files be encrypted in the database in case of a data breach.\n\n\n","text_label":"copyright","title":"Is it legal to allow users to store pdfs of books in my website where they only can see them"} {"Id":53456,"PostTypeId":1,"CreationDate":"2020-07-21T10:19:21.313","Score":4,"ViewCount":572.0,"LastActivityDate":"2020-07-21T12:37:43.617","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"For instance, an offer letter is sent to the successful bidder of a government contract, in which it is stipulated that that they desposit 50% of the premium\/bid prior to XX\/XX\/2020. The successful bidder communicates its acceptance, but fails to follow through with the deposit. Subsequently, the government body \"withdraws\" its offer letter.\n\n\nMy question is asked from the perspective of the government body. If the party to whom the offer letter is issued fails to take any step towards fulfilling its end, can it be argued that there was no meaningful acceptance as for all intents and purposes, no part of the offer that was 'accepted' has been performed? Therefore, can the government body 'rescind' the offer and argue that there was no contract to begin with because there was no 'acceptance'?\n\n\n","text_label":"contract-law","title":"Is there any principle of contract law regarding failure to take a step towards fulfilling a contract?"} {"Id":18473,"PostTypeId":1,"CreationDate":"2017-04-18T11:51:52.853","Score":1,"ViewCount":141.0,"LastActivityDate":"2017-04-18T20:42:09.913","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Eyeo is the owner of a software called **Adblock Plus**. It is German company and operates under EU.\n\n\nThey have the trademarks of **Adblock Plus**.\n\n\nBut they try to [take down](http:\/\/www.businessinsider.com\/adblock-ultimate-removed-from-chrome-store-following-trademark-complaint-from-eyeo-2016-4) all other software that contain **Adblock** in its name.\n\n\nThe point is they registered **Adblock Plus** but they claim ownership over generic **Adblock** term.\n\n\nStrange enough, they only ask for individual developers to remove **Adblock** term but they do not interfere with software companies, possibly because of legal costs. **[Adblock for Firefox](https:\/\/addons.mozilla.org\/en-US\/firefox\/addon\/adblock-for-firefox\/)** utilizes **Adblock** freely.\n\n\nBut does not this create damage and loss for individual developers? While big companies can use **Adblock** freely, individual developers are forced not to benefit **Adblock** term.\n\n\nCan a company be used for only forcing individual developers about trademark infringements?\n\n\n","text_label":"trademark","title":"Can a Company be Sued for not Complaining About Its Trademarks Infringements?"} {"Id":11501,"PostTypeId":1,"CreationDate":"2016-07-08T22:04:17.080","Score":1,"ViewCount":147.0,"LastActivityDate":"2016-07-11T23:08:25.547","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 3.0","body":"I run a home boarding dog business. As part of their home check for licensing conditions the local council demanded to see my customer records. As these include names,addressees, telephone numbers and email details as well as details of their pet dog I refused saying this was against the Data Protection Act to do so without the customers' written permission. The council employee told me it was her right to see the records under the Animal Welfare Act.\n\n\nAm I correct to refuse under the Data Protection Act? I showed her the blank forms of the information the customer provides but not the actual completed forms, which she demanded to see.\n\n\nWould someone be able to advise me of my and more importantly my customers' legal rights in this situation please?\n\n\n","text_label":"privacy","title":"Does showing the county council my customer records break the Data Protection Act?"} {"Id":22668,"PostTypeId":1,"CreationDate":"2017-09-15T20:18:38.103","Score":1,"ViewCount":392.0,"LastActivityDate":"2017-09-15T22:38:05.073","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I own a engineering company in which I design products to serve as a proof of concept for companies to use to gauge commercial interest and funding. I also design products that may either in the exact same design, or similar are manufactured by the company, and sold commercially. **I never manufacture or sell end products**\n\n\nI typically work on products that have little to no risk of injury, but recently have changed to more \"dangerous\" products. Such products have lithium batteries, high voltage systems, ect..\n\n\nIn either of the cases I described (me doing initial prototype, or design to be manufactured) am I\/my company held liable for damages caused by my designs?\n\n\nIf so, will having the client (their company) sign a release of liability form help protect myself? Considering I don't manufacture, market, sell, repair, ect the product.\n\n\n","text_label":"liability","title":"Product design liability"} {"Id":43072,"PostTypeId":1,"CreationDate":"2019-07-20T21:34:02.057","Score":2,"ViewCount":248.0,"LastActivityDate":"2019-07-21T11:07:12.907","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"As an example, let's say a friend of yours is selling their car, and they also need some DIY work doing on their house. If you do the DIY work for them, and they give you the car as payment, do you need to pay tax on this?\n\n\n","text_label":"tax-law","title":"If you pay with something other than money, do you have to pay tax?"} {"Id":36741,"PostTypeId":1,"CreationDate":"2019-01-31T01:33:18.723","Score":0,"ViewCount":333.0,"LastActivityDate":"2019-01-31T20:07:34.930","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Seller had a standard Real Estate contract with a section entitled \"Cash Funds and Financing Contingency\" the checked paragraph stated: \n\n\n* No Contingency on Obtaining Cash Funds\n\n\n. \"Buyer represents there are no contingencies on Buyer obtaining the necessary cash.....sub chapter A, Verification of Cash Funds... Buyer to provide evidence that is satisfactory to Seller of the availability of Cash funds... within a certain time frame... \nThe Buyer HAS NOT provided evidence nor additional earnest monies per contract.... does this release seller from contact ... as a Breach of Contract?... as now the Buyer is NOT providing evidence but threatening a law suit.... \n\n\n","text_label":"contract","title":"Buyers \"breach of contract\" by not providing \"proof of funds\"....is it enforcable and nulls purchase contract?"} {"Id":26147,"PostTypeId":1,"CreationDate":"2018-02-17T05:23:04.137","Score":0,"ViewCount":47.0,"LastActivityDate":"2018-02-18T23:21:09.803","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"If someone contacts me asking for permission to share my original work on their website or Facebook page, am I within my legal rights to grant permission with specific conditions? For example, \"You may post on Facebook if you include a tag link to my profile in the post caption.\"\n\n\nIn the case of the example above, if they posted it without my profile in the caption (but perhaps in the comments somewhere), could I file a DCMA against them?\n\n\n","text_label":"copyright","title":"Can I grant and enforce specific conditions for the use of my copyrighted work?"} {"Id":26898,"PostTypeId":1,"CreationDate":"2018-03-16T01:08:47.963","Score":1,"ViewCount":84.0,"LastActivityDate":"2018-04-15T18:25:55.387","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Under [California PC647(i)](https:\/\/leginfo.legislature.ca.gov\/faces\/codes_displaySection.xhtml?sectionNum=647.&lawCode=PEN),\n\n\n\n> \n> Except as provided in paragraph (5) of subdivision (b) and subdivision (l), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:\n> \n> \n> ...\n> \n> \n> (i) Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of any inhabited building or structure, without visible or lawful business with the owner or occupant.\n> \n> \n> \n\n\nThe language in this section suggests the space must be occupied at the time the act is done, because of the term \"inhabited.\" Is this a valid interpretation or can \"inhabited\" simply mean \"owned\/rented\", e.g. it may be that the occupant has gone to the market but *does* currently live there.\n\n\n","text_label":"criminal-law","title":"Inhabitance requirement for peeping"} {"Id":41714,"PostTypeId":1,"CreationDate":"2019-06-03T17:39:25.180","Score":0,"ViewCount":55.0,"LastActivityDate":"2019-06-04T22:37:18.143","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Simply put, I'm developing a 'social' app centered around similar interests in brands (specifically restaurants). The main function of the app has users add restaurants to a 'shareable favorites list' of sorts. I intend on generating profit through ads or possibly otherwise in the future\n\n\nIf I intend on generating profit from ad revenue, am I allowed to reference said brands\/franchises? Does the answer change if I use a trademarked logo? If not, does it change if all entries of restuarants and logos are added to the database by users and not the app owner(s)?\n\n\n*Ex. If my app's feature allows users to access entries for McDonald's, Burger King, and Wendy's (which have respective locations and trademarked logos attached to them), will I get sued for making a profit off of that feature the app?*\n\n\n","text_label":"software","title":"Is it illegal to reference other brands in an app for profit?"} {"Id":1691,"PostTypeId":1,"CreationDate":"2015-08-07T07:11:37.057","Score":2,"ViewCount":5258.0,"LastActivityDate":"2021-09-28T00:14:11.300","AnswerCount":3.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Can I use free Intellij IDEA Community Edition for the developing, if I'm working on the proprietary commercial product?\n\n\n","text_label":"licensing","title":"Intellij IDEA Community Edition - commercial proprietary software developing"} {"Id":77481,"PostTypeId":1,"CreationDate":"2022-01-31T11:40:46.907","Score":2,"ViewCount":87.0,"LastActivityDate":"2022-01-31T22:16:39.560","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I know that there is a problem with creating subtitle files containing the original phrases (or even the translation of what has been said) and to release them.\n\n\nThere are platforms, eg. OpenSubtitles, where you can download all these subtitle files. Even though the providing of these subtitles is not legal, I would like to get only the words and their count in the movie.\n\n\nIf an developer sells an app, that uses a subtitle API, to retrieve the subtitle files for creating word-statistics about the movie, would this be a legal problem to any person involved?\n\n\n* Is the developer breaking the law, because his app downloads the whole subtitle file temporarily to the users device?\n* Is the user of the app breaking the law, because the app downloads the whole subtitle file temporarily to his device?\n* Are the resulting statistics (words and their count) in anyway copyrighted?\n\n\n","text_label":"copyright","title":"Usage of subtitle files of copyrighted movies to get statistics about used words and their number count"} {"Id":13610,"PostTypeId":1,"CreationDate":"2016-08-24T23:50:39.357","Score":3,"ViewCount":1669.0,"LastActivityDate":"2016-11-13T00:21:09.253","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I am quite confused by what seems at the outset to be a very simple question in the UK's obscenity laws. Suppose a person puts an obscene story on a website (we'll call them the Writer) and another person reads the story (we'll call them the Reader). \n\n\nIs the Reader guilty of 'publishing' the material and therefore in breach of the 1959 Obscene Publications Act?\n\n\nIn the normal sense, 'publication' is defined in an online context as \n\n\n\"*to submit (content) online*, as to a message board or blog: I published a comment on her blog post with examples from my own life.\" \naccording to www.dictionary.com (emphasis added is mine). \n\n\nIn the context of the Obscene Publications Act, the word 'publishes' seems to have been redefined, appropriated to become a piece of legalese that no longer reflects the original meaning of the word. The wording of the Act states (emphasis mine) -\n\n\n(3)For the purposes of this Act a person publishes an article who\u2014\n\n\n(a)distributes, circulates, sells, lets on hire, gives, or lends it, or who offers it for sale or for letting on hire; or\n\n\n(b)in the case of an article containing or embodying matter to be looked at or a record, shows, plays or projects it [F1, **or, where the matter is data stored electronically, transmits that data**.]:\n\n\n. . . F2\n\n\nWhat does it mean to 'transmit' that data? Regina vs Waddon has shown that transmission is said to have occurred when the data is uploaded to the Website by the Author or downloaded from the Website by the Reader. In both those instances, the Author was deemed to have 'published' the article. (The reason it mattered was that although the Website was hosted abroad, the UK-resident Author had still broken the UK law when the material was downloaded in the UK so he could therefore be prosecuted). \n\n\nBut what about the Reader? ... This nebulous wording seems to imply all manner of things.\n\n\n","text_label":"criminal-law","title":"Is reading obscene written material online illegal in the UK?"} {"Id":57975,"PostTypeId":1,"CreationDate":"2020-11-11T07:03:21.960","Score":1,"ViewCount":123.0,"LastActivityDate":"2022-05-06T21:06:10.623","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"In [*Mugler v. Kansas* 123 U.S. 623 (1887)](https:\/\/supreme.justia.com\/cases\/federal\/us\/123\/623\/), the Supreme Court ruled that prohibition of alcohol is not a taking. (Alcohol property rendered worthless.)\n\n\n[*Hadacheck v. Sebastian* 239 U.S. 394 (1915)](https:\/\/supreme.justia.com\/cases\/federal\/us\/239\/394\/) said the zoning prohibits making bricks, but doesn't prohibit collecting the clay, so this one's not a taking. (OK, fair.)\n\n\nIn [*Pennsylvania Coal v. Mahon* 260 U.S. 393 (1922)](https:\/\/supreme.justia.com\/cases\/federal\/us\/260\/393\/), ([Wikipedia article](https:\/\/en.wikipedia.org\/wiki\/Pennsylvania_Coal_Co._v._Mahon)) the Supreme Court ruled that the Kohler Act not allowing some types of coal mining is a taking. (Coal property rendered worthless.)\n\n\nIn fact, *Pennsylvania Coal* is often used as an example of police power regulations that \"go too far\"\u2014when the Kohler Act regulates far less than prohibition.\n\n\n\n\n---\n\n\nIn *Euclid v. Ambler* ([*Village of Euclid, Ohio v. Ambler Realty Co.*, 272 U.S. 365 (1926)](https:\/\/en.wikipedia.org\/wiki\/Village_of_Euclid_v._Ambler_Realty_Co.), the Court ruled that a property split between multiple zoning districts, though now impossible to develop, is a valid use of police power. (Value reduced significantly.)\n\n\n[*Nectow v. Cambridge* 277 U.S. 183 (1928)](https:\/\/en.wikipedia.org\/wiki\/Nectow_v._City_of_Cambridge) said that a *re*-zoning of a property and interfering with its sale is a deprivation of property and NOT a valid use of police power. (Value reduced to zero for one sale.)\n\n\n\n\n---\n\n\nAre these considered reversals? There are more examples of the Supreme Court going back and forth on these issues. Why does the Court do this?\n\n\n","text_label":"constitutional-law","title":"Is Nectow (1928) a reversal of Euclid (1926)? Is Pennsylvania Coal (1922) a reversal of Mugler (1887)?"} {"Id":44668,"PostTypeId":1,"CreationDate":"2019-09-14T00:50:06.657","Score":1,"ViewCount":25.0,"LastActivityDate":"2019-09-14T01:27:42.620","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I've just understood the concept of writing a contract. It is just an agreement between two people written on the paper and signed by all the parties involved. So, if it is possible to write contracts, then why do we need a specific law for companies? Can't we construct a company simply wording our terms and declaring all the rules of the \"company\" in a contract without registration?\n\n\nFor example, one of the benefits of registering a company is its liability shield it gives us. So why not mention in the contract \"no individual mentioned in this contract is liable...\" (please forgive me if my question is naive). Another benefit of a company is, being able to issue shares. So to cover this, the contract could contain \"All assets mentioned have a shared ownership. Each person in the contract is assigned certain 'ownership points' (a different word for shares). And these ownership points declare each individual's ownership of the asserts...\" \n\n\nCouldn't we implement all the features of a company, one after the other, simply by writing a contract? Please tell me why this isn't possible and what I don't understand. And again, sorry for this naive question. \n\n\nI would like to hear this answer in the context of any country. Though I would be able to relate well, when answered in the context of India. \n\n\n","text_label":"contract-law","title":"Is it possible word a contract such that it brings in all the features of registering a company?"} {"Id":16286,"PostTypeId":1,"CreationDate":"2017-01-09T14:55:53.917","Score":1,"ViewCount":299.0,"LastActivityDate":"2017-01-09T22:32:25.510","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"A game named Blinx, was manufactured last in 2004 by a company named Microsoft. In 2014-2015 they dropped the trademark, and so the name is usable, but the game, the intellectual material is copyrighted. If I don't use their images or their code, can I legally reproduce the game?\n\n\n","text_label":"copyright","title":"Does rebuilding a computer game from scratch infringe copyright?"} {"Id":31377,"PostTypeId":1,"CreationDate":"2018-08-30T21:34:42.687","Score":1,"ViewCount":257.0,"LastActivityDate":"2018-08-30T23:57:19.207","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I like the idea that businesses can specifically hire homeless people who need it, but what I'm not quite sure of is how businesses are able to do that on an arbitrary basis, because as far as I know they are supposed to make the position publicly available and conduct interviews for any applicants. \n\n\n","text_label":"business","title":"How do people hire only specific demographics but not face discrimination suits?"} {"Id":30901,"PostTypeId":1,"CreationDate":"2018-08-11T21:41:57.473","Score":-1,"ViewCount":2515.0,"LastActivityDate":"2018-08-17T05:23:47.680","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"A defendant provable lied in court. We had no right of reply to prove the lies were false. Nothing has been done afterwards. He was found guilty, but received a very light sentence probably based on these lies. Is this normal?\n\n\n","text_label":"criminal-law","title":"Lying in Court in the UK"} {"Id":20034,"PostTypeId":1,"CreationDate":"2017-07-06T22:05:11.230","Score":0,"ViewCount":334.0,"LastActivityDate":"2017-07-07T03:10:45.697","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"If I commit a crime and many years later (> 25 years) send an email to the police claiming to have committed a crime, can they arrest me?\n\n\n(assumming they do not think it is just a \"prank email\")\n\n\nSeverity of crime: \n\nLevel 3 or 4 as defined by \n\n\n\n\n---\n\n\nSome time ago, I took a criminology course and was told by the instructor that around 1000 people were known to have raped and\/or killed Aboriginals in early\/mid 1900 but were not sentenced since it \"happened too long ago\" (although there is evidence that the crimes have been committed)\n\n\n","text_label":"criminal-law","title":"Expired Punishment"} {"Id":29613,"PostTypeId":1,"CreationDate":"2018-06-18T23:50:33.680","Score":1,"ViewCount":168.0,"LastActivityDate":"2018-06-19T18:37:52.173","AnswerCount":3.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I live in California. It is illegal for people record my video and voice in a private area without my permission. \n\n\nIn a normal situation, I think that I can call police. \n\n\nHowever, can I ask the person provide me money in exchange that I am not going to call police?\n\n\n","text_label":"criminal-law","title":"Is that illegal to settle with money?"} {"Id":58516,"PostTypeId":1,"CreationDate":"2020-11-24T01:06:14.217","Score":3,"ViewCount":269.0,"LastActivityDate":"2021-10-29T23:02:22.703","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"In the 9th episode of series 15 of \"Law and Order: SVU\", a serial rapist offers to plead guilty to a rape which he did not commit, while refusing to plead guilty to a series of rapes which he actually did commit (the reasons for this are complex and irrelevant to the question).\n\n\nThe prosecutor and police seriously consider accepting his offer, even though they know he didn't commit the crime he wants to confess to, because they don't think they can prove the crimes he actually did commit. This doesn't sound to me like something which would be legal. Could a prosecutor really agree to a plea bargain deal which would involve the defendant confessing to something which the prosecutor knows they didn't do?\n\n\nI know it's TV, but \"Law and Order\" has a reputation for being realistic TV.\n\n\n","text_label":"criminal-law","title":"Could a prosecutor agree to allow a defendant to plead guilty to a crime they knew they had not committed, per this \"Law and Order: SVU\" episode?"} {"Id":14044,"PostTypeId":1,"CreationDate":"2016-09-17T21:32:47.263","Score":2,"ViewCount":269.0,"LastActivityDate":"2016-10-05T10:43:39.500","AnswerCount":2.0,"CommentCount":3,"ContentLicense":"CC BY-SA 3.0","body":"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?\n\n\n","text_label":"copyright","title":"Can one publish a glossary created using a bilingual dictionary without copyright infringement?"} {"Id":6105,"PostTypeId":1,"CreationDate":"2015-12-31T04:26:33.877","Score":0,"ViewCount":98.0,"LastActivityDate":"2016-01-02T01:44:59.433","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"On Youtube I often see videos of songs or other short memorable scenes from various movies posted. Since these are non-transferable I assume this is technically a violation of copyright, even if it's done for a very popular movie.\n\n\nIs it a violation of copyright to post or watch such clips?\n\n\n","text_label":"copyright","title":"Does posting short memorable scenes or songs from a movie constitute copyright violation?"} {"Id":70732,"PostTypeId":1,"CreationDate":"2021-08-12T22:49:00.350","Score":-1,"ViewCount":24.0,"LastActivityDate":"2021-08-13T01:22:39.503","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Just heard back from USTPO and they wanted examples of the mark in use in software screenshots, at the download store, etc -- which are no-brainers. Question is, can you have the (R) in the mark, or do you have to wait until it's finally registered? My gut feeling is the examiner would have a cow if they saw the (R) on the mark before it was registered.\n\n\nFor some reason, it seems futile to legally review a mark that doesn't contain the (R), and then let the registrant add their own (R) once it's approve.\n\n\n","text_label":"trademark","title":"Trademark - USPTO requirement"} {"Id":55017,"PostTypeId":1,"CreationDate":"2020-08-06T01:58:40.550","Score":0,"ViewCount":69.0,"LastActivityDate":"2020-08-08T22:01:16.647","AnswerCount":2.0,"CommentCount":4,"ContentLicense":"CC BY-SA 4.0","body":"I accept [*Concentrate Criminal Law* (2020 7 edn)](https:\/\/www.amazon.co.uk\/Criminal-Law-Concentrate-Revision-Study-dp-0198854986\/dp\/0198854986\/ref=dp_ob_title_bk) p. 31\n\n\n\n> \n> So, it is generally thought that intention is the most serious\n> kind of *mens rea*, recklessness the next most serious, and negligence the least serious.\n> \n> \n> \n\n\n[*Simester and Sullivan's Criminal Law* (2019 7 edn)](https:\/\/www.amazon.co.uk\/Simester-Sullivans-Criminal-Law-Doctrine-dp-1509926682\/dp\/1509926682\/ref=dp_ob_title_bk). p 166.\n\n\n\n> \n> (i) The test for negligence\n> ---------------------------\n> \n> \n> \n\n\n\n> \n> Even though negligence permits the finding of fault for inadvertent wrongdoing, it does\n> not actually matter whether the defendant attends to or contemplates the risks. As Glanville\n> Williams asserts, \u201cthe essential question, at any rate for legal purposes, is whether it was\n> reasonable for you to go ahead with your conduct in the circumstances\u201d.188 Of course, normally\n> one who foresees and runs an unreasonable risk will be reckless as well as negligent.\n> Negligence does not, however, *require* inadvertence. This is for two reasons. **[Quote 1] The first is that\n> in the criminal law, the lesser fault standard incorporates the greater.** A defendant should\n> not be able to exculpate herself by pleading that her actions were reckless or intentional\n> rather than negligent. (Similarly, she should be unable to escape an allegation of recklessness\n> by pleading that her actions were intended.) **[Quote 2] It follows that where negligence is enough\n> for criminal liability, then, *a fortiori*, there is liability for intention or recklessness.**\n> \n> \n> \n\n\np 167.\n\n\n\n> \n> &nsbp; &nsbp; &nsbp; The second reason is that, as we mentioned earlier, a defendant can foresee the actus\n> reus without being reckless, yet may still be negligent. For example, an anaesthetist who\n> recognises there is a slight risk of killing his patient is not normally reckless. But if he\n> has unknowingly miscalculated the dose, then he is negligent even though not reckless.\n> Recklessness involves an objective assessment of running the subjectively perceived risk.\n> Negligence involves an objective assessment of running an objectively recognisable risk.189\n> \n> \n> \n\n\n[*Criminal Law Directions* (2020 6 edn)](https:\/\/www.amazon.co.uk\/Criminal-Law-Directions-Nicola-Monaghan-dp-0198848781\/dp\/0198848781\/ref=dp_ob_title_bk). p 76.\n\n\n\n> \n> Negligence is a much wider fault element than intention or\n> recklessness.\n> \n> \n> \n\n\nDown the same page.\n\n\n\n> \n> At common law, negligence is rarely sufficient for criminal liability.\n> \n> \n> \n\n\nHow are the two embolded quotes above true?\n\n\n1. How does \"the lesser fault standard\" incorporate the greater?\n2. How can \"where negligence is enough for criminal liability, then, a *fortiori*, there is liability for intention or recklessness\"? You can be negligent without being reckless or intent.\n\n\n","text_label":"criminal-law","title":"Where negligence is enough for criminal liability, then a fortiori there's liability for intention or recklessness?"} {"Id":39307,"PostTypeId":1,"CreationDate":"2019-04-21T22:27:59.327","Score":0,"ViewCount":39.0,"LastActivityDate":"2019-04-21T22:27:59.327","AnswerCount":0.0,"CommentCount":4,"ContentLicense":"CC BY-SA 4.0","body":"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\n\n\n\n> \n> [![enter image description here](https:\/\/i.stack.imgur.com\/OxEcn.jpg)](https:\/\/i.stack.imgur.com\/OxEcn.jpg)\n> \n> \n> \n\n\nWhich of these three homonyms fit the 'condition' colored in green beneath? p. 449.\n\n\n\n> \n> [![enter image description here](https:\/\/i.stack.imgur.com\/1mhGq.jpg)](https:\/\/i.stack.imgur.com\/1mhGq.jpg)\n> \n> \n> \n\n\n","text_label":"contract-law","title":"Which 'condition' fits \"\u2018basis\u2019 or condition on which the benefit was transferred\"?"} {"Id":39262,"PostTypeId":1,"CreationDate":"2019-04-20T01:37:58.863","Score":2,"ViewCount":98.0,"LastActivityDate":"2019-04-20T02:27:12.397","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"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). pp. 75-76.\n\n\n\n> \n> [![enter image description here](https:\/\/i.stack.imgur.com\/qdgs4.jpg)](https:\/\/i.stack.imgur.com\/qdgs4.jpg)\n> \n> \n> \n\n\nCan the two hypotheticals (orange and red) be distinguished? Why's the red a gratuitous promise but the orange an offer to contract? \n\n\nI can't? Both stipulate \u00a35K\/year and the phrase \"so long as you remain unmarried\" The orange has \"Please do not remarry\", but this feels superfluous as \"so long as you remain unmarried\" is already stipulated. \n\n\n","text_label":"contract-law","title":"\"so long as you remain unmarried\": Why a gratuitous promise in one fact pattern, but a contractual offer in another?"} {"Id":76855,"PostTypeId":1,"CreationDate":"2022-01-09T00:33:15.620","Score":4,"ViewCount":2550.0,"LastActivityDate":"2022-01-10T23:01:04.613","AnswerCount":4.0,"CommentCount":8,"ContentLicense":"CC BY-SA 4.0","body":"Can you trademark a word in a dictionary?\n\n\n\n\n\nSky trademarked the word Sky, so I am wondering if words such as Tornado, Banner and Diesel could also be trademarked. Someone said to me. We can't, but Microsoft had to change Skydrive to OneDrive due to Sky. The fact that the British Sky Broadcasting Group owns the word Sky sounds ludicrous to me.\n\n\n","text_label":"trademark","title":"Can you trademark a word in a dictionary?"} {"Id":54850,"PostTypeId":1,"CreationDate":"2020-08-01T13:56:35.497","Score":3,"ViewCount":216.0,"LastActivityDate":"2020-08-01T16:19:38.157","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"Donald Trump, the president said that he wants to ban TikTok. Would such a ban violate the first amendment? If not does he have the power to act via executive order or does it have to go through Congress?\n\n\n","text_label":"internet","title":"Does the US president have the authority to ban TikTok?"} {"Id":1955,"PostTypeId":1,"CreationDate":"2015-08-21T07:31:02.723","Score":1,"ViewCount":164.0,"LastActivityDate":"2015-08-22T04:23:05.547","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Consider for example the starship enterprise (registry NCC1701) from the star trek tv series. If someone takes a picture of the ship from the tv show and sticks it on a poster, it is clearly a derivative work. But what if they only show part of the ship? What if they only show a small enough part that it is not recognizably from the enterprise? Or what if they just produce a gray (the starship enterprise is gray) image, with \"NCC1701\" written on it?\n\n\nIs that a derivative work? Would it matter if it used a different font, or a different color background? Would it make a difference if it was less iconic, e.g. a reproduction of a different ship that only appeared in one episode?\n\n\nMy question is not specific to start trek, but regarding any works which have distinctive subcomponents (e.g. the monolith from 2001, the rebel alliance symbol of from star wars, the one ring from the lord of the rings etc.) - how much of an original work needs to be reproduced for it to infringe the original copyright?\n\n\n","text_label":"copyright","title":"How much of a work needs to be used for it to be derivative?"} {"Id":68179,"PostTypeId":1,"CreationDate":"2021-07-28T18:00:52.117","Score":7,"ViewCount":1259.0,"LastActivityDate":"2021-07-29T15:18:30.403","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Example:\n\n\n* A US user downloads the Android app from the US Google Play Store\n* The user does not view any consent form and begins using the app and viewing ads\n* The user then travels to EEA\/UK and continues viewing ads\n\n\nWould a consent form be required to adhere to GDPR in this instance, even if personalised ads are disabled for EEA\/UK users?\n\n\n","text_label":"privacy","title":"Do I still need to check if users are inside of EEA\/UK for GDPR consent if my Android app is ONLY released in countries outside of EEA\/UK?"} {"Id":73123,"PostTypeId":1,"CreationDate":"2021-09-25T15:31:33.920","Score":1,"ViewCount":59.0,"LastActivityDate":"2021-09-25T17:54:25.213","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"While the US deferred prosecution against Huawei CFO Meng Wanzhou, they only did so in exchange for a four-page \"statement of fact\", which sounds pretty incriminating against Huawei as a company.\n\n\n\n> \n> \u201cIn entering into the deferred prosecution agreement, Meng has taken responsibility for her principal role in perpetrating a scheme to defraud a global financial institution,\u201d Nicole Boeckmann, the acting U.S. attorney for the Eastern District of New York, said Friday. \u201cHer admissions in the statement of facts confirm that, while acting as the Chief Financial Officer for Huawei, Meng made multiple material misrepresentations to a senior executive of a financial institution regarding Huawei\u2019s business operations in Iran in an effort to preserve Huawei\u2019s banking relationship with the financial institution.\u201d\n> \n> \n> \n\n\nSince the US is still prosecuting Huawei as a company on this matter, does this \"statement of fact\" from Meng, which is essentially a confession, improve the prosecution's case against the company?\n\n\nThe FBI [at least](https:\/\/www.justice.gov\/opa\/pr\/huawei-cfo-wanzhou-meng-admits-misleading-global-financial-institution) seems to say that:\n\n\n\n> \n> \u201cMeng's admissions are evidence of a consistent pattern of deception to violate U.S. law,\u201d said Assistant Director Alan E. Kohler Jr. of the FBI\u2019s Counterintelligence Division. \u201cThe FBI will continue to aggressively investigate companies doing business in the United States when there are signs they behave with contempt for our laws.\u201d\n> \n> \n> \n\n\nCan this statement of Meng be entered into evidence against Huawei?\n\n\n(Although the full \"statement of fact\" has not yet been made public, at least according to the *Guardian* newspaper, the DOJ link above has a 12-paragarph summary of what Meng supposedly admitted to.)\n\n\n","text_label":"criminal-law","title":"Does Meng's \"statement of fact\" improve the DOJ's case against Huawei?"} {"Id":14506,"PostTypeId":1,"CreationDate":"2016-10-09T18:02:31.357","Score":2,"ViewCount":208.0,"LastActivityDate":"2019-03-28T16:08:33.170","AnswerCount":0.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"In Canada, the tort of civil unlawful conspiracy is laid out as follows:\n\n\n1. Two or more people acted in concert, by agreement, or with a common\ndesign or intention;\n2. The co-conspirators engaged in conduct that was unlawful, which can include the breach of a statute, the violation of a contract, or\nthe carrying out of an underlying tort, such as misrepresentation or\nfraud;\n3. The conduct was directed towards the plaintiff;\n Given the circumstances, the defendants should have known that injury was likely to result; and\n4. Injury or harm did result.\n\n\nIn case of simple motive or unlawful conspiracy, does it matter if the named individuals represent one organization? That is to say, if two or more agents of the same organization acted in cooperation to fulfill the latter 3 points, would this fulfill the first requirement?\n\n\nAlso, in the event that the individuals named in the conspiracy all acted as agents for the organization they all represent and on its behalf, would the the organization be guilty (assuming these points are all proven) of unlawful conspiracy, or just the named individuals, or both? Let's assume that the list of individuals involved spans the entire hierarchy of the organization, except maybe the board itself.\n\n\n","text_label":"civil-law","title":"Tort of civil conspiracy"} {"Id":10781,"PostTypeId":1,"CreationDate":"2016-06-06T17:28:48.377","Score":1,"ViewCount":186.0,"LastActivityDate":"2016-06-07T13:41:45.993","AnswerCount":3.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"I would like to sell items online, and came across [this story about a person who sold a $40 printer](http:\/\/www.indystar.com\/story\/news\/2016\/06\/06\/he-sold-40-printer-then-he-sued-indiana-30000\/85219140\/) and ended up (so far) paying over $12,000 in legal fees.\n\n\nWhat could I do to prevent this situation on a site like Craigslist?\n\n\n","text_label":"liability","title":"How can I protect myself from a prolific, abusive litigant?"} {"Id":53107,"PostTypeId":1,"CreationDate":"2020-07-09T20:11:12.597","Score":3,"ViewCount":130.0,"LastActivityDate":"2020-07-12T10:27:42.060","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"Would it be illegal to sell notes that I have made using my own reading and understanding of a textbook and nothing else (like nothing from lectures of classes (they were all online so there were no lectures)). I'm assuming it would be illegal if I were to copy images from the textbook but if my notes were snippets of the singular textbook and what I find to be important information, of which are mostly notes that I've written verbatim, would that be illegal and considered as a condensed version of the textbook? If so, if I were to cite the textbook would I then be able to profit from my notes?\n\n\n","text_label":"copyright","title":"Illegal to sell textbook notes?"} {"Id":35508,"PostTypeId":1,"CreationDate":"2018-12-19T21:49:18.193","Score":-1,"ViewCount":85.0,"LastActivityDate":"2018-12-20T00:04:58.987","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I was wondering if after I purchased this theme I could remove the footer credit under a regular license for this theme?\n\n\n\n\n\n","text_label":"licensing","title":"Removing footer credit for this specific theme"} {"Id":49891,"PostTypeId":1,"CreationDate":"2020-03-13T22:55:14.037","Score":2,"ViewCount":442.0,"LastActivityDate":"2020-03-14T01:39:46.873","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"Due to the coronavirus outbreak, my university has tentatively canceled all live forms of live education, including exams. Instead, they have decided to hold exams through an online proctoring software (third-party), which requires access to the computer webcam, microphone, screen, and browsing history to work.\nThis is the first time the university is doing an examination in this manner, and there are no official guidelines for how these exams are to be conducted.\nI am concerned about my data privacy in the context of these exams, and am wondering what my rights are and how I can exercise them. Specifically, I am wondering whether I can refuse the collection of my personal data through the online proctoring software, and whether the university may reprimand me for doing so. If both are the case, how can I truly say that I 'consent' to data collection and processing when I am coerced, so to speak, by the threat of failing my courses if I do not use this novel software? \n\n\n","text_label":"privacy","title":"Online Proctoring, Exams, and the GDPR?"} {"Id":49340,"PostTypeId":1,"CreationDate":"2020-02-23T11:39:25.447","Score":2,"ViewCount":362.0,"LastActivityDate":"2020-02-23T21:59:28.917","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"James Madison in his speech to Congress in regards to what eventually would become the 5th amendment talked about 'infamous' crimes and how they should be handled. As far as I know he did not define what an infamous crime exactly is.\n\n\nSo, how exactly was term defined when the specific definition was required?\n\n\n","text_label":"constitutional-law","title":"How has James Madison's term 'infamous crime' typically been defined?"} {"Id":49652,"PostTypeId":1,"CreationDate":"2020-03-04T13:01:11.670","Score":0,"ViewCount":76.0,"LastActivityDate":"2020-04-04T01:02:15.287","AnswerCount":1.0,"CommentCount":4,"ContentLicense":"CC BY-SA 4.0","body":"If a statute states a mitigating or negating circumstance to a criminal charge, who has the burden of proof, the prosecution or the defense?\n\n\nFor example, if a state statute says that it is criminal for a person to threaten another, but in the same statute it says that such a threat will not constitute a crime if the threatened person was trespassing on the defendant's property, then who bears the burden of proof that the threatened person was trespassing (or not trespassing).\n\n\nIn other words, if the law has an exception to a criminal charge, who must prove that the exception does or does not apply? What is the precedent?\n\n\n","text_label":"criminal-law","title":"Who bears the burden of proof of a mitigating circumstance if the statute does not state it?"} {"Id":5177,"PostTypeId":1,"CreationDate":"2015-11-12T17:56:37.777","Score":5,"ViewCount":121.0,"LastActivityDate":"2015-11-12T22:25:12.297","AnswerCount":2.0,"CommentCount":5,"ContentLicense":"CC BY-SA 3.0","body":"I'm not a lawyer, so I'm only familiar with a small cross section of civil suits, but it seems to be a general trend that lawyers are very hesitant to publicize any part of a case. Even when the adversary has huge vulnerabilities because of the nature of the civil suit, the lawyer insists you keep quiet, in order to \"not make them mad.\" Instead, you pay the lawyer to keep filing documents and orders, asking for \"christmas lists,\" etc, while they other side does the same, and in the end, it's often a war of attrition, and the little guy loses. However, anecdotally, it seems that a number of cases resolve themselves within hours or days after an appropriate post on social media or call to a journalist. Corporations that rely heavily on their public image and understand their exposure will suddenly see that balance shifted against them and do everything they can to settle as humanely and quickly as possible. \n\n\nMy first conclusion is that using social media cuts into the usual business of lawyering, and so culturally, this would not be welcome around law firms. Is there a better explanation for this?\n\n\n","text_label":"civil-law","title":"Is there a reason lawyers are hesitant to use the media against an adversary?"} {"Id":38052,"PostTypeId":1,"CreationDate":"2019-03-12T13:31:42.987","Score":0,"ViewCount":78.0,"LastActivityDate":"2019-03-17T02:03:14.073","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"[Indian gov copyright site](http:\/\/copyright.gov.in\/frmfaq.aspx)\n\n\n\n> \n> Ques: Is it necessary to register a work to claim copyright?\n> \n> \n> Ans: No.\n> Acquisition of copyright is automatic and it does not require any\n> formality. Copyright comes into existence as soon as a work is created\n> and no formality is required to be completed for acquiring copyright.\n> However, certificate of registration of copyright and the entries made\n> therein serve as prima facie evidence in a court of law with reference\n> to dispute relating to ownership of copyright.\n> \n> \n> \n\n\nDo I need any legal document to display that copyright or just that the work is created by me it is sufficient?\n\n\n","text_label":"copyright","title":"Can I use `\u00a9 2019 My Name` in a application created by me without registering for official copyright in India?"} {"Id":78069,"PostTypeId":1,"CreationDate":"2022-02-23T00:17:24.663","Score":2,"ViewCount":80.0,"LastActivityDate":"2022-02-23T00:40:50.133","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I understand that a EULA can be a contract if the user agrees to compensate the issuer for using the software, but if the software is freeware, then the issuer gains nothing of value. Without the issuer gaining anything of value, how is there adequate consideration\/why is the agreement still considered a contract?\n\n\nAgain, I understand that consideration need not be monetary, it can be the other party waiving a right. But that right must exist prior to entering into the agreement. The EULA grants the user the right to use the product so prior to entering into the agreement the user has no right to use it to begin with.\n\n\n","text_label":"contract-law","title":"Why is a freeware EULA considered a contract if issuer is not receiving adequate consideration?"} {"Id":60914,"PostTypeId":1,"CreationDate":"2021-02-07T17:24:06.233","Score":0,"ViewCount":117.0,"LastActivityDate":"2021-03-19T14:50:19.210","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"It is apparently not commonly known, but the phrase \"Taco Tuesday\" is a registered trademark of Taco John's, a restaurant chain based out of Wyoming. Why is it then that in 2019, when Lebron James tried to trademark \"Taco Tuesday\" for himself, that he was denied not due to the similarity to Taco John's trademark, but rather because it was deemed to common on a phrase to trademark?\n\n\n\n> \n> In this case, the applied-for mark is a commonplace term, message, or expression widely used by a variety of sources that merely conveys an ordinary, familiar, well-recognized concept or sentiment.\n> \n> \n> \n\n\n[USPTO Application 88579771](https:\/\/tsdr.uspto.gov\/documentviewer?caseId=sn88579771&docId=OOA20190911#docIndex=1&page=1&tdrlink=)\n\n\nIt is expressed later on in the application that it was also considered to be to similar to \"*TECHNO* TACO TUESDAY\", and that allowing such a mark could detract from people search for the aforementioned term.\n\n\n\n> \n> Although applicant\u2019s mark does not contain the entirety of the registered mark, applicant\u2019s mark is likely to appear to prospective purchasers as a shortened form of registrant\u2019s mark.\n> \n> \n> \n\n\nWhat I don't understand, though, is that nowhere in the application does it mention Taco John's already existing claim on Taco Tuesday. Since the company does still attempt to enforce its claim on the mark, including sending cease-and-desists to offenders, it seems odd that LBJ Trademarks LLC. was denied the claim due, in no small part, to how common the phrase is in the American lexicon, and not because it was already claimed.\n\n\n","text_label":"trademark","title":"Why couldn't LBJ Trademarks claim \"Taco Tuesday\" due to common usage?"} {"Id":53310,"PostTypeId":1,"CreationDate":"2020-07-16T22:07:50.973","Score":1,"ViewCount":167.0,"LastActivityDate":"2020-07-16T23:56:45.907","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"What if made out of ruined pieces of designer clothing, a new piece of clothing like a bag and sell it. As recycled clothing. Is this a legal and viable business strategy, or would this infringe upon the copyrights and trademarks of the designer? Would there be liability associated with this business plan?Because I have access to a lot of destroyed designer clothing for an inexpensive price. And there are people who would probably like to buy a bag out of recycled\/unwanted material from for example NIKE, with the nike logo on it.\n\n\n","text_label":"copyright","title":"Is it legal to cut a used designer clothing found at a thrift shop and remake it into a bean bag with the original logo on it and sell it"} {"Id":36892,"PostTypeId":1,"CreationDate":"2019-02-05T09:56:47.477","Score":2,"ViewCount":58.0,"LastActivityDate":"2019-02-05T09:56:47.477","AnswerCount":0.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I have an image on my website, which I created myself.\nI have not added any license. The photo is just there.\n\n\nGoogle is showing the image in their image search.\nThey also modified it by creating a thumbnail in reduced quality.\nThe thumbnail seems to be stored on their servers.\n\n\nWhen you click on the image, Google shows the hint\n\"Images may be subject to copyright.\"\n\n\nI know it's possible to write a robots.txt file to forbid Google to show my image. It's also possible to write them a message.\n\n\nBut why is Google allowed to use images without asking for permission?\nI always thought you need a license or permission to redistribute and modify an image of someone else.\n\n\nI am registered to the Google Search Console. Maybe I granted them the right to use my image there, but I don't know.\nI cannot find the image on bing, yahoo or duckduckgo.\n\n\n","text_label":"licensing","title":"Why can image search engines use all images without asking for permission?"} {"Id":27157,"PostTypeId":1,"CreationDate":"2018-03-26T18:38:30.743","Score":0,"ViewCount":117.0,"LastActivityDate":"2018-03-26T19:38:21.243","AnswerCount":1.0,"CommentCount":4,"ContentLicense":"CC BY-SA 3.0","body":"As far as I know, unless a contract\/compact states otherwise, or a provision was added at a different point of time, every provision in the contract carries the same priority. The bill of rights was added to the constitution all at once and so each amendment carries the same priority and so when there is a conflict least restrictive means has to be applied.\n\n\n","text_label":"constitutional-law","title":"Does any amendment in the bill of rights take priority over any other?"} {"Id":44049,"PostTypeId":1,"CreationDate":"2019-08-23T16:07:20.513","Score":1,"ViewCount":110.0,"LastActivityDate":"2019-09-25T13:03:30.523","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I'm curious about the following scenario. If a business hires people and pays them a commission, is the employer obligated to be neutral in how it directs sales to each employee, in cases where the employees have substantially similar skill, experience, and quality of work, or is equal commission rates enough?\n\n\nFor instance, if two car salespeople were paid the same amount per sale, but the dealership sent the majority of the potential customers to one of the two, even though they had substantially similar skill, experience, and quality of work, would that alone violate the [California Equal Pay Act](https:\/\/www.dir.ca.gov\/dlse\/california_equal_pay_act.htm)?\n\n\nTo create a scenario, consider a garden center that pays a small wage, but for the most part, employees get their revenue from commissions. The owner hires on their daughter, and even though other employees do a lot of work in handling customers and making sure the shop runs smoothly, the owner directs customers to her daughter for the final sale, making it difficult for anyone to get commission. Technically the wage is the same, and the commission rate is the same. But the owner is ensuring a disproportionate opportunity to obtain revenue, for substantially similar work.\n\n\n","text_label":"employment","title":"How does equal pay for substantially similar work (as per the California Equal Pay Act) apply to commissions?"} {"Id":11174,"PostTypeId":1,"CreationDate":"2016-06-24T17:39:02.750","Score":4,"ViewCount":538.0,"LastActivityDate":"2016-08-13T03:25:31.417","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"This morning, I was reading [this article](https:\/\/consumerist.com\/2016\/06\/22\/comcast-admits-it-incorrectly-debited-1775-from-account-tells-me-to-sort-it-out-with-bank\/) on the Consumerist about a man who cancelled his business service with Comcast. In summary, he had an early termination fee of $1,775 debited from his bank account, which shouldn't have happened because it was past the term of his two-year contract. Comcast do not dispute those facts, and have repeatedly told him that a check was on its way but, two years later, the man has still not been unable to get a refund. At one point, he was told by a company representative that refunds are not issued in these circumstances, and that he should instead dispute the charge with his bank.\n\n\nI am interested in the potential criminal liability in a situation like this (not necessarily this one) where a company knowingly takes money it is not due from someone's bank account and clearly has no intention of returning it.\n\n\nSpecifically:\n\n\n1. Could the victim report this as fraud, theft or some other related crime?\n2. Would the answer to the previous question differ based on whether the victim was eventually able to recover the money through litigation or by disputing the charge with their bank?\n3. Would the company itself or the specific employees involved be liable?\n4. Would a binding arbitration clause in the contract have any effect on criminal liability (I believe not)?\n\n\nI would be especially (but not exclusively) interested in answers covering either the United States or Canada (especially Qu\u00e9bec).\n\n\n","text_label":"criminal-law","title":"Company knowingly debit fees it is not due from bank account and does not return it: is this fraud or theft?"} {"Id":14466,"PostTypeId":1,"CreationDate":"2016-10-07T03:59:09.930","Score":0,"ViewCount":120.0,"LastActivityDate":"2016-10-08T05:34:12.377","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I want to open a service for people to print portrait images of people they are inspired by. Musicians, scientists, people such as Einstein, Mozart, etc.\n\n\nWhat are the legal concerns of using images of **Google Images** and how can I find images which can be legally used for this purpose?\n\n\n","text_label":"copyright","title":"Usage of Images of Google Images for commercial purposes (print)"} {"Id":45431,"PostTypeId":1,"CreationDate":"2019-10-11T06:29:36.460","Score":1,"ViewCount":61.0,"LastActivityDate":"2019-10-20T21:52:49.590","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I am looking for cases where a educational non-profit organization was successfully sued for violation of copyright\/Fair Use (US).\n\n\nI am particularly interested in borderline cases (i.e. cases where many observers would consider the non-profit's use \"fair\", but the non-profit still lost anyway).\n\n\n","text_label":"copyright","title":"Cases where a educational non-profit organization was successfully sued for violation of copyright\/Fair Use (US)"} {"Id":26868,"PostTypeId":1,"CreationDate":"2018-03-15T04:00:06.797","Score":1,"ViewCount":173.0,"LastActivityDate":"2018-03-15T14:53:19.217","AnswerCount":3.0,"CommentCount":3,"ContentLicense":"CC BY-SA 3.0","body":"A crime is a public offense, so I would think that anything that constitutes a crime has some kind of influence on one or more persons or property, i.e. it changes the public universe in some negative way. \n\n\nAccording to a recent CA Criminal Justice exam of mine, \"A person may be guilty of a crime even where his or her act has no immediate effect upon the person or property of another.\" \"Immediate\" is not further defined. If this is true, what are some examples? \n\n\n","text_label":"criminal-law","title":"What kinds of crimes do not affect persons or property?"} {"Id":24050,"PostTypeId":1,"CreationDate":"2017-11-12T19:34:01.273","Score":6,"ViewCount":209.0,"LastActivityDate":"2017-11-13T16:55:47.890","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"My fiance recently went on a 7 night cruise abroad and would not have cellular service. She hired a local pet sitter to come by her house 3 times a day to feed, water, and change her dog's paper. They agreed on 9 days for $35.00 per day. The pet sitter requested and was paid $315.00 in full prior to beginning the service.\n\n\nMy fiance stays in a gated community and added the sitter to her guest list so that she can access the home. After the second day, the pet sitter was denied entry through the gate by security. The sitter contacted her emergency contact to notify her that she is unable to care for the animal since she cannot access the home. Her mother took care of the pet for the remainder of the 9 days.\n\n\nUpon returning back to the country, she learned from her mother everything that happened. Thankfully, the dog was okay since her mother was able to take care of the dog while she was abroad. My fiance contacted the sitter to offer 4 days' pay, $140.00, for the 2 days of service she was able to do her job to compensate for any inconveniences. The sitter maintains position that the agreement was for $315.00 for 9 days of service and that it was not her fault she couldn't do her job for the remaining 7 days, so she kept the full payment.\n\n\nIs it legal for the pet sitter to keep the full payment, even though the contract was breached?\n\n\nWas the sitter right for keeping full payment with only providing a fraction of the services agreed upon?\n\n\n","text_label":"contract-law","title":"Is it legal to take full pay for partial service?"} {"Id":14358,"PostTypeId":1,"CreationDate":"2016-10-02T12:14:24.820","Score":1,"ViewCount":59.0,"LastActivityDate":"2018-05-13T05:48:30.157","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Somebody anonymous write a \"scripture\". It's at . It's filled with comedic political satire I think.\n\n\nAnyone can edit and copy the book. The e-book contains many links to pictures. However, those links may not work too long. What would happen if the e-book copy and paste pictures to the e-book itself but give attribution?\n\n\nWhat happens if latter the e-book is made commercial?\n\n\n","text_label":"copyright","title":"Is it okay to paste pictures to non commercial book with proper attribution"} {"Id":4182,"PostTypeId":1,"CreationDate":"2015-10-01T18:23:08.533","Score":2,"ViewCount":40.0,"LastActivityDate":"2015-10-02T12:05:35.837","AnswerCount":0.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I have recently developed a medical application. One of my previous employers (from 4 years ago) also sells similar application. (You can see where it is going)\n\n\nI developed this application from scratch in Silverlight and later moved to WPF. It uses Prism for IoC, Entity framework, MVVM with ViewModel first and RIA based WCF servics.\n\n\nThe application my previous employer sells is based on WinForms. Uses classic 3-tier architecture with Most of the code in form code-behind, a Business layer. a Data access layer that performs CRUD operations using TSQL.\n\n\nThe employer is now alleging that I might have stolen the code and created my own version but that is truly not the case. Every line of code has been written from scratch. \n\n\nThe employer is also alleging trade secret violation (without even looking at the software) but everything this software does is based on public domain knowledge. Managing patients, Exams, Bills etc are all public knowledge. Specific tests that go in each exam have been made based on material read from books that I can prove. \n\n\nMy software simply provides a different way of managing practice that has not borrowed anything from my previous employer's software.\n\n\nI need to present a detailed comparison of the two technologies so my lawyer can include that in a formal reply.\n\n\nAnyone has experience going through a similar scenario who can help me write a good comparison?\n\n\n","text_label":"copyright","title":"Prove my work is not a trade secret violation"} {"Id":46801,"PostTypeId":1,"CreationDate":"2019-11-24T16:32:54.483","Score":0,"ViewCount":72.0,"LastActivityDate":"2019-11-25T14:29:42.837","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"We own a joint property in the UK, and are full taxpayers of all taxes including standard rate council tax band for the region.\n\n\nBut my partner will be going abroad for a significant amount of time (6 months+). Will I be able to claim the single person discount for council tax, if I am living alone in the property (thus using less of council services like rubbish collection, libraries, etc)?\n\n\nIt looks like that - because it's a lot of revenue, so councils try to sideline this scenario stating that - you still own property jointly, so ignoring the fact that only 1 person is living there (thus using less of council facilities).\n\n\n","text_label":"tax-law","title":"UK Single person council tax discount when owning joint property"} {"Id":7130,"PostTypeId":1,"CreationDate":"2016-02-14T00:22:01.770","Score":1,"ViewCount":182.0,"LastActivityDate":"2016-02-15T21:02:58.457","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"I am interested in the interplay of the EU directive [93\/13\/EEC](http:\/\/eur-lex.europa.eu\/legal-content\/EN\/TXT\/?uri=CELEX%3A31993L0013) and the Consumer Rights Act 2015 in the UK.\n\n\nSpecifically the Consumer Rights Act has an exclusion from assessment of fairness where the clause specifies the main subject matter of the contract. But this is not mentioned in the directive so seems to severely limit the applicability of the directive.\n\n\nI am interested because we have a mortgage that changed from a fixed rate to a tracker but the tracker has a floor preventing the rate from falling below a certain level. The floor is clearly outlined in the contract for the mortgage, however, we were unaware of it when we signed and actually assumed we have been repaying at a lesser rate than what we were.\n\n\nI would like to argue that the floor introduced a significant unfair imbalance as it protected the lender from a reduction in the base rate without providing us with protection from raising rates.\n\n\nIt seems many Spanish mortgages with similar \"floor\" contracts have had the floor nullified for similar reasons and they seem to be referring to the EU directive.\n\n\nI have also come across a EU Court of Justice [ruling](http:\/\/curia.europa.eu\/juris\/celex.jsf?celex=62011CJ0415&lang1=en&type=TXT&ancre=) regarding the directive which states:\n\n\n\n> \n> the concept of \u2018significant imbalance\u2019 to the detriment of the consumer must be assessed in the light of an analysis of the rules of national law applicable in the absence of any agreement between the parties, in order to determine whether, and if so to what extent, the contract places the consumer in a less favourable legal situation than that provided for by the national law in force. To that end, an assessment of the legal situation of that consumer having regard to the means at his disposal, under national law, to prevent continued use of unfair terms, should also be carried out;\n> \n> \n> in order to assess whether the imbalance arises \u2018contrary to the requirement of good faith\u2019, it must be determined whether the seller or supplier, dealing fairly and equitably with the consumer, could reasonably assume that the consumer would have agreed to the term concerned in individual contract negotiations.\n> \n> \n> \n\n\nThat seems to suggest that a court would need to consider if I would have accepted the terms if I had been able to negotiate them with assistance of professional advice which would have been unlikely due to the one sided nature of the clause.\n\n\nUK law would seem to make the floor legally valid regardless of fairness because the floor was a \"main part\" of the agreement which means it is excluded from the fairness test.\n\n\nI am a bit out of my depth and definitely do not understand how an EU directive \/ ruling could affect my argument. However, is it the case that the EU directive \/ EU Court ruling can override the UK law?\n\n\nI would greatly appreciate any advice as to how best to formulate my argument with my lender or if I really don't have a leg to stand on from a legal perspective.\n\n\n","text_label":"contract-law","title":"Consumer Rights Act 2015 vs EU DIRECTIVE 93\/13\/EEC"} {"Id":6536,"PostTypeId":1,"CreationDate":"2016-01-22T02:35:41.587","Score":1,"ViewCount":530.0,"LastActivityDate":"2017-02-15T13:06:08.563","AnswerCount":3.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I like to make video games and I figured I might as well make some money off of it. The problem with it is I have no idea how to get a copyright on my games before I start selling them. How would I do this? (Just comment if I need to specify anything else or if this is the wrong site.)\n\n\n","text_label":"copyright","title":"How to get a copyright on a video game?"} {"Id":30119,"PostTypeId":1,"CreationDate":"2018-07-10T07:38:35.050","Score":2,"ViewCount":533.0,"LastActivityDate":"2018-10-05T17:44:05.457","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I read a lot of books, and when I come across an interesting part, I take a photo and share it on my social media. \n\nI also do book reviews on my blog which always includes some paragraphs from the book I'm writing about. \n\nI also always do mention the name, and the author of the book in both cases. \n\nAm I violating the copyright law? \n\nThanks\n\n\n","text_label":"copyright","title":"Am I violating copyright by sharing photos of pages of books I read or quoting them?"} {"Id":67928,"PostTypeId":1,"CreationDate":"2021-07-21T11:22:02.853","Score":1,"ViewCount":84.0,"LastActivityDate":"2021-07-21T11:37:51.687","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"is it illegal if i convert a film to a game ?\n\n\nim a Game Developer i got some idea to convert Film Story to Video Game so i worried about is it allowed by owner of film or not\n\n\nat that situation if film not allowed Change Anime to Vedio Game not allowed too ?\n\n\nThanks\n\n\n","text_label":"copyright","title":"Is it illegal if i convert a film to a VideoGame?"} {"Id":37534,"PostTypeId":1,"CreationDate":"2019-02-23T12:06:04.630","Score":4,"ViewCount":94.0,"LastActivityDate":"2019-02-23T19:32:15.837","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I purchased [this board](https:\/\/www.st.com\/en\/evaluation-tools\/nucleo-f767zi.html) from [Digi-Key](https:\/\/www.digikey.com\/product-detail\/en\/stmicroelectronics\/NUCLEO-F767ZI\/497-16525-ND\/6004740) for $27.97.\n\n\nLater, I noticed on the ST website that there is a [license agreement](https:\/\/www.st.com\/resource\/en\/license_agreement\/evaluationproductlicenseagreement.pdf) for the board. (To be clear, I did not agree to the license when I purchased the board from Digi-Key, not even in a click-through fashion.)\n\n\nWhat disturbs me about the license is that it seems to apply not only to the software\/firmware, but to the physical board itself. And it states that:\n\n\n\n> \n> STMicroelectronics (\u201cST\u201d) grants You the right to use the enclosed Evaluation Board offering limited features only to evaluate\n> and test ST products solely for Your evaluation and testing purposes in a research and development setting.\n> \n> \n> \n\n\nIt's not clear that my use would be \"evaluation and testing,\" since I intend to actually do something useful\/practical with it. (i. e. I am a [maker](https:\/\/en.wikipedia.org\/wiki\/Maker_culture) and intend to incorporate it into a project I'm building.)\n\n\nFurthermore, the license says that the board may not be resold. Although I'm not really intending to resell it, I would generally consider something I bought to be fair game to eBay when I'm done with it and don't need it anymore. How does this restriction fit with the Doctrine of First Sale?\n\n\nI intend to use [open source software](https:\/\/os.mbed.com\/) on the board, to the extent possible. Though there are possibly some bits of the firmware (maybe the bootloader, for example) which are closed-source and cannot be replaced. Does the existence of this firmware on the board mean that ST Microelectronics can control what the board as a whole is used for?\n\n\nAs a hypothetical, could the manufacturer of a washing machine include a \"license agreement\" which prohibits selling the washing machine to someone else when you don't need it anymore? (And if the answer is \"no\", what makes it different than my situation?)\n\n\n","text_label":"licensing","title":"Can a license agreement apply to a physical object?"} {"Id":15249,"PostTypeId":1,"CreationDate":"2016-11-14T21:28:29.130","Score":-1,"ViewCount":106.0,"LastActivityDate":"2016-11-14T23:42:45.003","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I noticed some water damage under the bathroom sink a few weeks ago. The plumber said that it's not the faucet, but something above the sink. Being that we live on the top floor it could be a roof leak or damage to the pipe above the sink. There is no way to say for sure unless more drywall is removed. According to the HOA the pipes are my responsiblity, while the roof is HOA\/property management.\n\n\nIf the leak was caused by something HOA could be responsible for,\n\n\n1) As I take the steps to repair the leak, what can I do to have a better case in a situation where the HOA can be held responsible for the repair? \n\n\n2) Should I notify the HOA before opening up the wall?\n\n\n3) Would I be able to request\/collect reimbursement for what I spent on the repairs caused by the damage they are responsible to fix?\n\n\n4) If the pipe was damaged by recent roof repairs, would the HOA still be liable?\n\n\nI don't have much experience in legal matters and appreciate any help\n\n\nThank you\n\n\n","text_label":"liability","title":"How to approach a potential HOA dispute over a water leak"} {"Id":11971,"PostTypeId":1,"CreationDate":"2016-07-26T22:39:59.683","Score":4,"ViewCount":127.0,"LastActivityDate":"2017-03-24T12:08:31.673","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"Some time ago, I developed a website for a client. During the development process, I used a staging server which is registered to and operated by me to host the site so they could follow development and preview the work I was doing for them. \n\n\nAt this point in development, I added some images to the site as dummy content to illustrate how things would appear when the client had added their own images.\n\n\nI acquired the images from Google Images and one of them now appears to have been copyrighted with rights managed by a company notorious for suing webmasters for illegally using their images.\n\n\nThe prototype website was not online on my server for long, but apparently long enough for the infringement to have been detected by said notorious company.\n\n\nRecently, the client received a letter demanding recompense for the use of the image - though again, the website in question was on a server and domain registered and operated by ME.\n\n\nMy question is this:\n--------------------\n\n\n***Can my client's company be held liable for infringement that occurred on MY server\/domain?***\n\n\n***The prototype website had the client's business contact details on it, so the letter demanding payment was sent to them, even though they have absolutely nothing to do with the server it was hosted on.***\n\n\nI realize anyone reading this is likely not a lawyer with specific knowledge of this type of situation, but if you have any insight to offer it would be much appreciated!\n\n\n","text_label":"copyright","title":"Liabilty for copied website content on a third-party server"} {"Id":27250,"PostTypeId":1,"CreationDate":"2018-03-29T22:38:59.610","Score":1,"ViewCount":591.0,"LastActivityDate":"2018-03-30T02:22:54.930","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Aliases were used in the infamous hush agreement involving Donald Trump and Stephanie Clifford. The alias for Donald Trump was David Denison and the alias for Stephanie Clifford was Peggy Peterson. Did the document state who the aliases stood for? How could the agreement be enforced as an agreement between Trump and Clifford if it seems the agreement involved neither of them?\n\n\n","text_label":"contract","title":"Use of aliases in contracts between parties"} {"Id":62556,"PostTypeId":1,"CreationDate":"2021-03-26T13:44:48.647","Score":2,"ViewCount":368.0,"LastActivityDate":"2021-08-24T01:04:40.500","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"Scenario: Someone starts talking to you while they record you without you knowing it. You notice they're recording you and they tell you the video is going on Youtube. You tell them that this is only OK if they blur out your face. They agree to do so. Then they post the video without your face blurred. Q: Can I sue this person?\n\n\nThe video was taken as I was walking down a highstreet.\n\n\n","text_label":"privacy","title":"UK Law Question (England): Can I Sue someone if they post a video of me on social media Without my Consent?"} {"Id":32322,"PostTypeId":1,"CreationDate":"2018-10-05T22:48:00.477","Score":1,"ViewCount":88.0,"LastActivityDate":"2018-11-18T03:03:55.800","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"I work from home for a virtual call center. I provide my own equipment but am required to use their software to connect to them, which often has problems. When these arise, and they cannot be resolved within 30 minutes by their software vendor, I am required to clock out.\n\n\nThis happened to me 3 hours ago, and I am now in legal limbo. The software vendor told me to await a return call, not as yet received. I'm essentially on call now, or am I? I won't be paid for this time, so how long must I wait before I can no longer be expected to clock back in today?\n\n\n","text_label":"employment","title":"Can a call center employee be forced to monitor a technical problem off the clock?"} {"Id":64346,"PostTypeId":1,"CreationDate":"2021-04-22T00:06:05.767","Score":0,"ViewCount":157.0,"LastActivityDate":"2021-04-22T03:18:07.370","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Will Derek Chauvin's situation get worse on unsuccessful appeals? Is there a rule, law, or reasons that prevent him from going deeper into the appeal process to gain a more favorable\/lenient ruling?\n\n\n","text_label":"criminal-law","title":"What worst outcomes Derek Chauvin can expect on appeals?"} {"Id":47307,"PostTypeId":1,"CreationDate":"2019-12-10T13:44:50.470","Score":2,"ViewCount":302.0,"LastActivityDate":"2019-12-12T13:10:44.413","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"I'm developing an intranet site used by employees of my company. The geographic location of an employee could be anywhere around the world but they will be accessing the intranet website using a VPN.\n\n\nDo I need to comply with laws related to cookies or other geographic specific laws?\n\n\n[Privacy and Electronic Communications Directive 2002](https:\/\/en.wikipedia.org\/wiki\/Privacy_and_Electronic_Communications_Directive_2002)\n\n\n","text_label":"internet","title":"Does an intranet site need to comply with cookie laws if it's only used internally"} {"Id":37067,"PostTypeId":1,"CreationDate":"2019-02-10T02:21:04.630","Score":2,"ViewCount":68.0,"LastActivityDate":"2019-02-10T02:21:04.630","AnswerCount":0.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"During the first lease cycle of a rental agreement, the tenant died. Is the co-signer responsible for damages to the apartment, or do the charges revert to the deceased tenant's family members?\n\n\n","text_label":"contract-law","title":"What is the responsibility of a co-signer upon death of a tenant within the first lease cycle?"} {"Id":14414,"PostTypeId":1,"CreationDate":"2016-10-04T18:19:19.497","Score":2,"ViewCount":89.0,"LastActivityDate":"2016-11-04T18:07:32.313","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"If a vendor clearly ignores PCI-DSS regulations and puts my personal credit card information at risk, is there any legal action I can take against them? \n\n\nIn the case at hand, a vendor first scanned my hand-written order form with a phone (likely a personal smartphone) and then sent that scan to me in an unencrypted email. But this is not the first case in which a vendor has mistreated my information like this.\n\n\nWhile I have not (yet) incurred any actual damage, I would like to be able to do my part in making vendors aware of their obligations. So far I usually send a nice email reminding them of the PCI-DSS regulations. But I always feel like that these emails are ignored at best. Is there some form of cease and desist that I can apply in this case? Is there a place or organization that I should notify? Should I sue them?\n\n\n","text_label":"privacy","title":"Can I sue a PCI violator"} {"Id":3462,"PostTypeId":1,"CreationDate":"2015-09-08T19:15:57.617","Score":1,"ViewCount":437.0,"LastActivityDate":"2015-09-09T15:57:54.327","AnswerCount":2.0,"CommentCount":7,"ContentLicense":"CC BY-SA 3.0","body":"According to the answers to [Are county clerks exempt from Title VII of the Civil Rights Act of 1964?](https:\/\/law.stackexchange.com\/questions\/3455\/are-county-clerks-exempt-from-title-vii-of-the-civil-rights-act-of-1964), elected officials of pretty much any sort are exempted from the protections offered citizens under Title VII. But it seems that without this protection, municipalities could enact laws such as \"no Muslim or person with a physical or mental disability may hold an elected position.\"\n\n\nSomething clearly protects this from happening. Yes, it is a violation of the constitution, but from my understanding laws are what establish protections against constitutional violations.\n\n\n","text_label":"constitutional-law","title":"If elected officials are exempt from CRA Title VII, what protects their civil rights?"} {"Id":25493,"PostTypeId":1,"CreationDate":"2018-01-21T02:08:46.793","Score":1,"ViewCount":138.0,"LastActivityDate":"2018-01-21T07:38:47.717","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"I live in US and I am a freelance developer.\n\n\nIf I take a popular yet generic Android app (such as a calendar app or a note taking app) made by a company in United states and make an app which looks almost similar to it, with the same User interface and features, but without using any of their content (such as images, music, etc), is it considered legal?\n\n\nWhat if I make the app a non-profit freeware (no ads, no purchasable content) ?\n\n\n","text_label":"software","title":"Is copying the User Interface and features of an Android app considered illegal in US?"} {"Id":39256,"PostTypeId":1,"CreationDate":"2019-04-19T22:32:19.353","Score":2,"ViewCount":207.0,"LastActivityDate":"2019-12-06T11:06:11.770","AnswerCount":3.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"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. 6.\n\n\n\n> \n> On a slightly di\ufb00erent tack, but in a similar vein, Judge Richard Posner has written:17\n> \n> \n> \n> > \n> > Suppose I sign a contract to deliver 100,000 custom-ground widgets at $.10 apiece to A, for use\n> > in his boiler factory. After I have delivered 10,000, B comes to me, explains that he desperately\n> > needs 25,000 custom-ground widgets at once since otherwise he will be forced to close his pianola factory at great cost, and o\ufb00ers me $.15 apiece for 25,000 widgets. I sell him the widgets\n> > and as a result do not complete timely delivery to A, who sustains $1000 in damages from my\n> > breach. Having obtained an additional profit of $1250 on the sale to B, I am better off even\n> > after reimbursing A for his loss. Society is also better off. Since B was willing to pay me $.15\n> > per widget, it must mean that each widget was worth at least $.15 to him. But it was worth only\n> > $.14 to A\u2014$.10, what he paid, plus $.04 (**$1000** divided by **25,000**), his expected profit. Thus the\n> > breach resulted in a transfer of the 25,000 widgets from a lower valued to a higher valued use.\n> > \n> > \n> > \n> \n> \n> 17 R Posner, *Economic Analysis of the Law* (8th edn, Aspen, 2011) 151.\n> \n> \n> \n\n\n1. Pls see the emboldenings. Whence did the $1000 hail?\n2. Whence did the 25,000 hail? This is B's quantity demanded, not A's?\n\n\n","text_label":"contract-law","title":"Why's A's expected profit $.04?"} {"Id":47294,"PostTypeId":1,"CreationDate":"2019-12-09T23:01:15.953","Score":2,"ViewCount":56.0,"LastActivityDate":"2019-12-11T23:02:57.963","AnswerCount":0.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"I am developing an application that will be used for computer security training, specifically for awareness of scams and phishing.\n\n\nAs part of this, I plan to use a series of well-known company brand names and trademarks (e.g. `Stack Exchange`) in order to create examples and demos that the user can relate to.\n\n\nFor example, I may demonstrate how a scammer can use a slightly altered domain name in order to create a convincing scam website, with the goal of educating users of this risk.\n\n\nAs far as I can tell, the use of company brand names and trademarks for this purpose is considered a transformative use, which would therefore be protected under copyright fair use.\n\n\nHowever, there is a risk of causing user confusion or diluting brands, for example if a user doesn't understand that a particular demo is fictional, and not an actual scam. I understand that I can mitigate this with a clearly marked disclaimer and instructions.\n\n\nWhat would be the legality of this, and are there any risks or mitigations that I haven't considered? For reference I am based in the UK, however the app will be globally accessible and may use trademarks registered in many different countries.\n\n\n","text_label":"trademark","title":"What are the legal considerations of using trademarks in security training material?"} {"Id":57857,"PostTypeId":1,"CreationDate":"2020-11-08T04:53:09.563","Score":0,"ViewCount":26.0,"LastActivityDate":"2020-11-08T06:42:49.547","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Based on definitions according to [17 U.S.C. \u00a7 101](https:\/\/uscode.house.gov\/view.xhtml?req=granuleid:USC-prelim-title17-section101&num=0&edition=prelim) ([archived](https:\/\/web.archive.org\/web\/20201107155724\/https:\/\/uscode.house.gov\/view.xhtml?req=granuleid%3AUSC-prelim-title17-section101&num=0&edition=prelim)):\n\n\n\n> \n> \"Phonorecords\" are material objects in which sounds, other than those\n> accompanying a motion picture or other audiovisual work, are fixed by\n> any method now known or later developed, and from which the sounds can\n> be perceived, reproduced, or otherwise communicated, either directly\n> or with the aid of a machine or device. The term \"phonorecords\"\n> includes the material object in which the sounds are first fixed.\n> \n> \n> \n\n\n\n> \n> \"Sound recordings\" are works that result from the fixation of a series\n> of musical, spoken, or other sounds, but not including the sounds\n> accompanying a motion picture or other audiovisual work, regardless of\n> the nature of the material objects, such as disks, tapes, or other\n> phonorecords, in which they are embodied.\n> \n> \n> \n\n\n","text_label":"copyright","title":"Is a phonorecord a sound recording on a specific material object, such as an audio book on a CD?"} {"Id":58853,"PostTypeId":1,"CreationDate":"2020-12-03T08:27:18.273","Score":-2,"ViewCount":102.0,"LastActivityDate":"2020-12-03T12:35:42.750","AnswerCount":1.0,"CommentCount":5,"ContentLicense":"CC BY-SA 4.0","body":"Why is contract not above law?\n\n\nIs there any country in the world where contract overrides law? If not, why not? What if both parties intend to sign and follow a contract that is against the law?\n\n\nMy reason for asking is whether a contract can legitimately override EU refunds laws.\n\n\n","text_label":"contract-law","title":"Is there any country where contract overrides law?"} {"Id":39398,"PostTypeId":1,"CreationDate":"2019-04-23T23:18:17.953","Score":0,"ViewCount":83.0,"LastActivityDate":"2019-04-24T11:22:42.443","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"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). pp. 425-426.\n\n\n1. This question's title refers to the red underlines beneath.\n2. What exactly is this 'legitimate interest protected' by exorbitant credit card interest rates?\n\n\n\n> \n> [![enter image description here](https:\/\/i.stack.imgur.com\/7O7H7.jpg)](https:\/\/i.stack.imgur.com\/7O7H7.jpg)\n> \n> \n> \n\n\n","text_label":"contract-law","title":"How does the 'legitimate interest protected' by exorbitant credit card interest differ from that of exorbitant interest 'on outstanding fees'?"} {"Id":78893,"PostTypeId":1,"CreationDate":"2022-03-27T07:44:30.073","Score":0,"ViewCount":26.0,"LastActivityDate":"2022-03-27T08:00:31.480","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"What happens when I include parts of code(maybe logic\/algo, design approach and change its implementation or implement it in a different programming language) of an open-source copy left software in my software and try to make it proprietary? So how will proprietary license issuing authorities verify authenticity of my software(code)? I will claim it as my original work and will never acknowledge that I built it by referencing an open-source work.\n\n\n","text_label":"licensing","title":"Verifying authenticity of software for proprietary licensing"} {"Id":21376,"PostTypeId":1,"CreationDate":"2017-07-22T14:35:58.433","Score":0,"ViewCount":144.0,"LastActivityDate":"2017-07-24T03:22:20.010","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"Watching the People's Court, the judge says the plaintiff has a responsibility to mitigate their damages. \n\n\nIn other words the (People's) court holds the plaintiff to a standard of effort when they have lost money and are suing to get the money back.\n\n\nMy question, is this standard in the (People's) court part of contract law, or is it a legal standard the court uses in the administration of the law --and possibly open to (greatest) judicial interpretation? Or is it some reasonableness made up for television?\n\n\n","text_label":"contract-law","title":"Is plaintiff responsibility to 'mitigate their damages' a law?"} {"Id":45571,"PostTypeId":1,"CreationDate":"2019-10-16T14:05:29.283","Score":8,"ViewCount":240.0,"LastActivityDate":"2022-02-24T02:02:05.220","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I'm a small business targeting name tags to the individual worker. Some orders are from the businesses themselves, but others are for lone workers that seek a better name tag. When a lone McDonalds, Best Buy, Chick-fil-a, etc. employee comes to me and wants the golden arches or other logo on their name tag, am I opening up an infringement or other liability? \n\n\nThe question keeps haunting me, but I think that the ordering party is essentially performing like an agent of their company and authorizing the usage of the logo. Please let me know if I'm woefully mistaken. \n\n\nSo that covers the manufacturing, but then I'm wondering if it is a different matter when I post a product for sale online that's particularly advertising the \"Customized McDonalds Name Tag w\/Logo\" as the base product. If the on-demand making of them is allowed, then is this any worse?\n\n\nAny input so that I don't step on my own feet would be much appreciated. Thank you!\n\n\n","text_label":"trademark","title":"I manufacture employee name tags. Am I exposing myself by using their company's logo on tags ordered by their employees?"} {"Id":25576,"PostTypeId":1,"CreationDate":"2018-01-24T22:13:40.270","Score":3,"ViewCount":86.0,"LastActivityDate":"2018-01-24T22:13:40.270","AnswerCount":0.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I have been offered 5% of a company through a shareholder agreement form (which I have not signed) but am really worried about a clause which essentially states,\n\n\n\n> \n> Any IP discovered by me relating to the business while in\n> the service of the Company must be disclosed and becomes the property\n> of the company.\n> \n> \n> \n\n\nTypically, I might say that service is the time during which I am being paid but there is no wage associated with the shareholding.\n\n\nI am a contractor and work for other customers, I am concerned that such a clause would mean that I would be obliged to disclose customer secrets as they are in similar sectors. Am I over-stressing or should I argue the clause?\n\n\n","text_label":"contract-law","title":"What does \"While in the service of the company\" mean?"} {"Id":49129,"PostTypeId":1,"CreationDate":"2020-02-16T11:00:08.217","Score":1,"ViewCount":236.0,"LastActivityDate":"2020-02-16T11:00:08.217","AnswerCount":0.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"I was accused of stealing from a store from a worker so she tried to stop me from driving away. I was later arrested by the police because she claimed that I was attempting to harm her with my car. The keys to my car were taken and I wasn\u2019t allowed to take any of my belongings out of the car such as my phone or wallet. When they arrived they hand cuffed me and didn\u2019t listen to anything I said, I was taken to the police station where I was finally listened to. They finally heard my side of the story and found out I was right. I asked for the keys of my car back and they told me that they gave them to the passenger in my car at the time of the incident. The person that was in my car has now stolen my car and everything in it. All they said was that they\u2019re sorry and that I should report it.\n\n\n","text_label":"criminal-law","title":"If a police officer has taken the keys of my car away from me, who are the police allowed to return them to?"} {"Id":21731,"PostTypeId":1,"CreationDate":"2017-08-03T21:36:10.180","Score":1,"ViewCount":35.0,"LastActivityDate":"2017-08-03T21:36:10.180","AnswerCount":0.0,"CommentCount":4,"ContentLicense":"CC BY-SA 3.0","body":"A startup I worked for had promised me to grant my options that were vested, however, they are making me pay the legal costs of executing those options. Is that legal? On the contract, it says nothing about legal costs. I feel like I'm being hold for ransom with the fees.\n\n\n","text_label":"contract-law","title":"Startup making me pay legal costs of my vested options, is that legal?"} {"Id":26189,"PostTypeId":1,"CreationDate":"2018-02-19T14:54:00.443","Score":1,"ViewCount":112.0,"LastActivityDate":"2018-02-19T21:36:36.333","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I'm starting a course about building website backends with NodeJS and I was wondering is it legal to use the [NodeJS](https:\/\/nodejs.org) logo as **part** of my course cover?\n\n\n","text_label":"trademark","title":"Can I use nodejs logo as part of my course cover?"} {"Id":9184,"PostTypeId":1,"CreationDate":"2016-05-12T00:59:33.517","Score":0,"ViewCount":119.0,"LastActivityDate":"2016-05-12T17:38:24.230","AnswerCount":2.0,"CommentCount":7,"ContentLicense":"CC BY-SA 3.0","body":"I am not a law professional at all but I all of a sudden realized something to which I cannot find a reasonable answer. In customs (or in similar law-enforcement acts), why is the burden of proof on the subject but not on the state?\n\n\nCASE 1) If Acme Inc. imports some agricultural products, then she needs to demonstrate that everything complies with the biosafety regulations rather than the officers proving a violation. Then Acme needs to perform any necessary test by herself.\n\n\nCASE 2) If it is claimed Mrs. X is insane and needs a guardian, then the burden of proof is with the plaintiff. Mrs. X need not prove that she is a reasonable person to a public authority every single minute to remain officially sane.\n\n\nMy interpretation for the case 2 is that somebody is assumed to be reasonable by nature unless something happens. But why is some\"thing\" is not OK by default?\n\n\n","text_label":"criminal-law","title":"Burden of proof at customs"} {"Id":3684,"PostTypeId":1,"CreationDate":"2015-09-16T01:21:39.950","Score":4,"ViewCount":59.0,"LastActivityDate":"2015-09-16T03:46:04.727","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"Suppose a private party were to pay for the production of a theatrical play in England, and one of these performances was filmed, with the intention that the filming would be later edited into a DVD. There are therefore several interested parties: \n\n\n* The party that paid for everything\n* The person who filmed and edited the performance (the same person in this example)\n* The actors\n* The venue\n\n\nTo which of these parties (or any others) do rights belong in the recording and DVD? Do these rights differ if the DVD is (a) publicily sold for profit, (b) privately sold for profit (e.g. just to those associated with the production), (c) privately distributed for free?\n\n\n","text_label":"intellectual-property","title":"IP Rights in Recordings"} {"Id":3345,"PostTypeId":1,"CreationDate":"2015-09-04T21:08:04.500","Score":2,"ViewCount":52.0,"LastActivityDate":"2015-09-06T01:09:25.407","AnswerCount":0.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I recently wrote a clone of the famous Jeopardy! game. It is copyrighted but I believe that if I my copy was made for educational and recreational uses only (no commercial) it falls under FAIR USE, am I right? If so, can I publish it on the public internet?\n\n\nI am using the main screen and concept of a game, the name is the same, and the audience will just be me and the code reviewers. I am in the EU. (Something like 10 people will play the game so might it count as private use?)\n\n\n","text_label":"copyright","title":"Is it ok to post a clone of a famous game up for review or in a website?"} {"Id":28515,"PostTypeId":1,"CreationDate":"2018-05-15T14:03:00.073","Score":2,"ViewCount":1728.0,"LastActivityDate":"2018-05-15T14:33:43.920","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I'm being asked to sign a letter of engagement with an attorney.\n\n\nOne of the numbered paragraphs is blank and just says \"Reserved\". What is the reason for it, can the attorney just insert whatever terms they want later? Clearly not, but it must have some purpose.\n\n\nThis letter is being presented on an online signing service if that matters.\n\n\n","text_label":"contract","title":"What is a \"Reserved\" clause in a contract? (letter of engagement)"} {"Id":40599,"PostTypeId":1,"CreationDate":"2019-05-01T09:19:32.393","Score":13,"ViewCount":4609.0,"LastActivityDate":"2019-05-02T15:06:44.303","AnswerCount":3.0,"CommentCount":5,"ContentLicense":"CC BY-SA 4.0","body":"How does one even create the title of an app when basically most nouns in the English language have been trademarked?\n\n\n* When and when isn't a trademark valid?\n* For example, I was surprised that even the word corgi and jets are trademarked! Jacuzzi seems to be the strong advocate of their trademark. But, what if these words are used in combination? Such as: Front Jacuzzi Back Corgi?\n\n\nRelated to: \n[Trademark Infringement notice for usage of a dictionary word Jacuzzi in app - Google Play Store](https:\/\/law.stackexchange.com\/questions\/40581\/trademark-infringement-notice-for-usage-of-a-dictionary-word-jacuzzi-in-app-go)\n\n\n","text_label":"trademark","title":"Understanding trademark infringements in a world where many dictionary words are trademarks?"} {"Id":21202,"PostTypeId":1,"CreationDate":"2017-07-14T07:49:03.230","Score":1,"ViewCount":268.0,"LastActivityDate":"2017-07-14T12:56:33.940","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Suppose I want to draw a horse. I don't know how to draw a horse so I buy a How to Draw Animals book and follow the instructions of the book to draw a horse. Now can I use my drawing for commercial purposes?\n\n\n","text_label":"copyright","title":"Is copying from How to Draw books copyright infringement?"} {"Id":17230,"PostTypeId":1,"CreationDate":"2017-02-19T10:40:04.020","Score":4,"ViewCount":57.0,"LastActivityDate":"2017-02-19T20:43:32.567","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 3.0","body":"First of all: I hope this fits on this stackexchange. Sorry if it doesn't...\n\n\nThe title says it all. I want to write a document and I would like to put an open license on it (i.e. do whatever you want). However I am by no means willing to take any responsibility for derived work and would like the license to reflect that by requiring that any derived work not be attributed to me. So essentially I want a license that says:\n\n\n\"Do whatever you want with this text. Distribute it as you like. The only requirement I have is that you remove my name from any derived work\". \n\n\nIs that actually possible at all? Or should I then essentially pick a license that forbids derived work altogether?\n\n\n","text_label":"licensing","title":"Document license that explicitly forbids attribution of derived work"} {"Id":9378,"PostTypeId":1,"CreationDate":"2016-05-21T01:41:41.260","Score":1,"ViewCount":6303.0,"LastActivityDate":"2016-05-21T12:19:19.750","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Topical example (concerning the Facebook bias controversy of May 2016): if Facebook knowingly discriminated against conservative stories in its Trending feature, but told users and the press that there was no bias, could Facebook be prosecuted under U.S. law?\n\n\n","text_label":"criminal-law","title":"Is lying to your customers prosecutable?"} {"Id":46913,"PostTypeId":1,"CreationDate":"2019-11-27T10:37:29.443","Score":0,"ViewCount":1247.0,"LastActivityDate":"2019-11-27T20:26:35.437","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Should state that I am in the United Kingdom (England specifically if that makes a difference).\n\n\nI have a contract I want to make for a web design job and I have created a contract that lays out the terms while the web design job is taking place which will then be finished once the web design job has been completed.\n\n\nHowever, once the web design job has been completed, my intention would be to then offer the client web hosting services. However, as this would be an ongoing service, I have created another hosting contract for this which would then be renewed every 12 months.\n\n\nI could send the two contracts separately and have the client sign both if I needed to but this would involve inconvenience in needing the client to sign two documents. So I wondered if I could either:\n\n\n* Create a hosting clause in the web design contract which would then refer to the fact that the terms of the hosting service are defined in the hosting contract (which I would then link to either a web page or another document or could I add these terms as a schedule?)\n* List the two sets of terms separately but in the same document and then have it so that there is just one place to sign at the bottom for both sets of terms.\n\n\nIs this possible or would this create issues?\n\n\n","text_label":"contract-law","title":"Can I refer to another contract in a contract?"} {"Id":43043,"PostTypeId":1,"CreationDate":"2019-07-18T21:58:17.443","Score":0,"ViewCount":150.0,"LastActivityDate":"2019-07-18T22:47:44.447","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I have signed a contingency agreement with a roofing company here in Colorado. Am I bound to anything here? It seems like a 'good faith' agreement that I will contact my insurance company. If I don't follow up with the roofing company with a claim number, which is what they would need, am I in violation of anything?\n\n\nThe contingency agreement that states: \n\n\nInsurance Allowance Agreement:\nI\/we agree to retain [roofing company] to contact my insurance company and meet with their representative (adjustor) as our Contractor of Choice to discuss the scope of necessary repairs. Upon our receipt of the insurance estimate we will meet with a representative of [roofing company] to review the paperwork and discuss the scope of the project.\n\n\nBy signing below, you agree to:\n\n\n* (A) call your insurance company to obtain a claim number\n* (B)\nauthorize a representative of [roofing company] to meet with your\ninsurance adjustor to discuss and review the required repairs as your\ncontractor of choice.\n* (C) meet with a representative of [roofing\ncompany] when your insurance paperwork arrives to discuss the\nproduction process.\n\n\n","text_label":"contract","title":"roofing contractor contingency agreement"} {"Id":33556,"PostTypeId":1,"CreationDate":"2018-11-16T11:07:05.813","Score":1,"ViewCount":59.0,"LastActivityDate":"2018-11-19T09:10:45.880","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"The short: my company have been paid to develop a software system for a client. There are (sort of) similar systems on the market already, there is currently a lot of demand for it, I want to redistribute something similar if I am within my rights to do so.\n\n\nI am not employed by the client, nor has anything formal been agreed (in terms of ownership) - but I have developed a system for them according to their design and requirements. I have not sold them this product as an off-the-shelf option, it is entirely bespoke.\n\n\nThere are some features of this system that are arguably too bespoke, and technical approaches I have taken due to their own constraints, so if I were to aim to package it up for redistribution\/sale to other customers, it would most definitely be different enough to the original, in many ways.\n\n\nMy questions (with regard to my rights to sell it elsewhere as a product):\n\n\n\n\n---\n\n\nDoes 'different enough' matter? I am assuming it does, but I do not know the law as to whether the intellectual property is theirs until the product varies from what they paid for? Am I concerned with the right thing here? How different must my product be? Is this quantified anywhere in law?\n\n\nShould I be concerned at all since nothing was in writing? Or are legal implications already made as a result of them paying the invoices I send them?\n\n\nWhat else am I not considering here? I have no clue about the legals with regards to this, but I am sure it must be well covered. I've signed contracts in the past (with other clients, in totally different industries) stating that I may not work for a competitor etc. within 6 months after project completion, but nothing has been formalised here.\n\n\n**EDIT: Apologies, I should clarify - I am based in the UK, so UK law is what I'm concerned with.**\n\n\n","text_label":"software","title":"Redistribution of system similar to the one commissioned (privately) by a client"} {"Id":53207,"PostTypeId":1,"CreationDate":"2020-07-13T18:23:22.850","Score":1,"ViewCount":89.0,"LastActivityDate":"2020-07-14T06:46:52.893","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I am having some trouble with some of the terminology in Licensing agreement SEC filings. Does someone know what is meant by \"commercial target\"? The definition just states:\n\"1.18 \u201cCommercial Target\u201d means the Target for which Licensee is granted a Commercial License hereunder.\"\n\n\nHere is a link to the relevant document:\n\n\n\n","text_label":"contract-law","title":"What does \"commercial target\" mean in a pharma licensing agreement?"} {"Id":70941,"PostTypeId":1,"CreationDate":"2021-08-19T09:27:48.667","Score":0,"ViewCount":55.0,"LastActivityDate":"2021-08-19T13:52:11.533","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"Scenario 1:\nArtist B buys a line image of a cat licenced on a stock image website by Artist A. (licence terms-free to distribute, modify but must credit original artist).\nArtist B colours it and then places it on a creative commons clipart website without crediting the original artist. (Image can be used free for commercial use except merchandising, no accreditation required).\nPerson C uses Artist B's image from the clipart website without the knowledge of Artist A.\nIs Person C infringing on Person A's copyright by using B's image? Is Person B allowed to post their image on the clipart website?\n\n\nScenario 2\nArtist B uses Artist A's clipart to make their own version of the animal. They place this on a creative commons stock site-(free for commercial, no attribution required).\nArtist C uses Artist B's version in their own work, publishes and later finds that Artist B based their work on A's clipart. Artist A cannot be located and the work is only visible on a couple of free for personal use clipart websites. The work seems to be an orphan work. It cannot be ascertained if Artist B has permission to make the derivative. What is the legal position of Artist C (assuming no fair use\/fair dealings)?\n\n\nThanks\n\n\n","text_label":"copyright","title":"Copy Right Image"} {"Id":8708,"PostTypeId":1,"CreationDate":"2016-04-22T11:14:28.197","Score":0,"ViewCount":76.0,"LastActivityDate":"2016-04-22T22:04:49.303","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"If somebody registered a distinctive website name, that has no content or services related to it (i.e. it's an empty page), is the name trademarked?\n\n\n\n\n\n","text_label":"trademark","title":"Are the names of parked domain websites trademarked?"} {"Id":17310,"PostTypeId":1,"CreationDate":"2017-02-23T10:57:01.953","Score":1,"ViewCount":389.0,"LastActivityDate":"2019-03-13T18:55:48.817","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"My employer is trying enforce new rules about how we use our annual leave. Among other points they require the following are the ones of concern:\n\n\n1. 50% of annual leave must be booked (planned, bot necessarily taken) by September\n2. There must be at least two people in the office on all working days\n3. The manager has priority over leave during the Christmas break this year as he missed it last year (due to the enforcement of rule number 2 that he introduced).\n\n\nDue to the slightly chaotic nature of my life outside of work, planning leave a long way ahead is extremely difficult. And although I'm not too concerned about needing 2 people in the office at any time it is obviously more of a concern at Christmas. I don't live very far away from my workplace, we have full remote access and I have said I am prepared to be \"On Call\" for an emergency but am not physically required in the office. However my manager is adamant that I physically need to be here. Also denying out leave during that period to give himself priority seems an abuse of his position.\n\n\nAm curious what restrictions they can legally enforce?\n\n\n","text_label":"employment","title":"Can an employer dictate when an employee can take annual leave?"} {"Id":27986,"PostTypeId":1,"CreationDate":"2018-04-25T09:21:49.890","Score":3,"ViewCount":287.0,"LastActivityDate":"2018-08-21T05:28:18.377","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I am a web designer that works with a range of clients on a project basis. I complete a project and then offer my services at any hourly rate for any other work required in the future.\n\n\nDo I have a legal responsibility to ensure any projects are GDPR compliant which are:\n\n\n1. finished before 25th May 2018?\n2. finished after the 25th May 2018?\n\n\n","text_label":"privacy","title":"GDPR liability for Web Designer"} {"Id":61469,"PostTypeId":1,"CreationDate":"2021-02-24T04:23:24.607","Score":5,"ViewCount":301.0,"LastActivityDate":"2021-02-25T07:48:34.363","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Suppose you purchased a product on eBay, realized that it was likely illegal (like a bootleg copy of the advertised copyrighted product), and returned it. Does the act of returning the product make you liable for its distribution? If one views the return and refund as a nullification of the original transaction maybe not, but if you consider the act of purchase and the act of the return as two separate actions then maybe the return is a kind of distribution, isn't it?\n\n\n","text_label":"copyright","title":"Does returning an illegal product back to the seller for the refund make one liable for said product distribution?"} {"Id":29777,"PostTypeId":1,"CreationDate":"2018-06-25T18:59:05.257","Score":0,"ViewCount":192.0,"LastActivityDate":"2018-06-25T20:21:00.360","AnswerCount":2.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"My neighbor does odd jobs for me such as taking out the trash, cleaning out the gutters, etc. They fell off a ladder and required medical attention. Recently, they received a letter from their insurance provider that states:\n\n\n\n> \n> If another person or entity caused or may be responsible for the\n> injury\/illness treated, we have processed the claim in accordance with\n> your contract benefits. However, we may be able to recover the expense\n> of these services from the party causing the injury. Before we can\n> close this matter, we require additional information from you.\n> \n> \n> \n\n\nAre they obligated to respond? If so, how should they respond?\n\n\n","text_label":"liability","title":"Liability for neighbor injured on my property"} {"Id":16876,"PostTypeId":1,"CreationDate":"2017-02-03T07:05:00.930","Score":-1,"ViewCount":399.0,"LastActivityDate":"2017-02-03T08:23:17.610","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Imagine I write a non-fiction book, in which I make references to Simpsons characters, starting with the title.\n\n\nI assume I can't take a picture from the cartoon and put it on the cover without running into legal difficulties (correct me, if I'm wrong).\n\n\nBut I could hire an artist, who would draw a new, original picture of the characters. The results of the artist's work would be my intellectual property. Let's assume the artist does everything right and sells me the image he or she created for me (i. e. didn't sell it to multiple people; I'm the one and only owner of the image). Then I could put that illustration on the cover of the book.\n\n\nIf I start selling this book with this cover on Amazon and SmashWords, how likely am I get in trouble with American legal system on a scale of 1 to 10?\n\n\n1 means nothing will happen. 10 means that 5 minutes after I publish the book, black helicopters will take me to Guantanamo.\n\n\n","text_label":"copyright","title":"Am I allowed to put an illustration based on Simpsons on the cover of my book?"} {"Id":44738,"PostTypeId":1,"CreationDate":"2019-09-16T13:20:06.143","Score":-1,"ViewCount":155.0,"LastActivityDate":"2019-09-17T04:31:28.647","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"According to this article [ref here](https:\/\/dcdirtylaundry.com\/new-york-fire-commissioners-call-for-new-9-11-investigation\/), [ref here](https:\/\/www.globalresearch.ca\/new-york-area-fire-commissioners-make-history-call-new-911-investigation\/5684982), [ref here](https:\/\/www.zerohedge.com\/health\/new-york-area-fire-commissioners-demand-new-911-investigation) and [ref here:](https:\/\/www.ae911truth.org\/news\/540-new-york-area-fire-commissioners-make-history-call-for-new-9-11-investigation) \n\n\n\n> \n> ...History has just been made, as the first legislative body in the\n> country officially announces their support for reopening the 9\/11\n> investigation. Citing \u201coverwhelming evidence\u201d of preplanted\n> explosives, the fire commissioners of Franklin Square and Munson...\n> \n> \n> \n\n\nVideo of the whole event [here](https:\/\/www.youtube.com\/watch?v=qM9CJRClLOk)\n\n\n\n> \n> ...the Franklin Square and Munson Fire District, which oversees a\n> volunteer fire department serving a hamlet of 30,000 residents just\n> outside of Queens, New York, became the first legislative body in the\n> country to officially support a new investigation into the events of\n> 9\/11...\n> \n> \n> \n\n\n**What legislative body is that?** It is said that they support a new independent investigation but whose responsibility is to start an investigation like that? Are firefighters a legislative body in the USA? \n\n\n[Lawyers' Committee for 9\/11 Inquiry](https:\/\/www.lawyerscommitteefor9-11inquiry.org\/) have been trying the open a new investigation without result for years why is it any different now? \n\n\n","text_label":"criminal-law","title":"Do firefighters contitute a legislative power?"} {"Id":78400,"PostTypeId":1,"CreationDate":"2022-03-08T22:48:00.370","Score":22,"ViewCount":6352.0,"LastActivityDate":"2022-03-11T19:10:06.880","AnswerCount":5.0,"CommentCount":4,"ContentLicense":"CC BY-SA 4.0","body":"This question is not about politics, it's purely about law.\n\n\nRecently, a number of companies announced that they will be terminating contracts with anyone who has Russian registration.\n\n\nOne example is IONOS web and domain hosting:\n\n\n\n> \n> Ukraine Conflict \u2013 Cancellation of Your Account \n> \n> Dear XXX, \n> \n> As you may already be aware from IONOS's public statements, IONOS has made the difficult decision to no longer provide services to Russian and Belarusian customers. While we understand that you may not personally support the war in Ukraine or the policies which led up to the war, it's important that IONOS make clear our support for the people and country of Ukraine. With that in mind, your account will be terminated effective 16\/03\/22, so please transfer all of your data, domain names, and any related email addresses to another provider no later than the termination date. After the termination date, any domains which are not transferred will resolve to an error page until the domain expiry date, and any data associated with your account will be deleted. \n> \n> If you believe your website provides information services that are critical to the defense of Ukraine or which assist in ensuring the safety and well-being of the Ukrainian people, please reach out to us directly and an IONOS representative will review your site as a possible exception to the company's general policy on terminations. Please note that IONOS will make any such determination in its sole and unfettered discretion, without any obligation to you. \n> \n> In case you need support, please contact our Customer Service team at:\n> 1-484-254-5555. \n> \n> We stand with Ukraine!\n> \n> \n> \n\n\nHere's what seems to be their Terms&Conditions:\n\n\n\nI read through it, and I find these clauses remotely relevant:\n\n\n\n> \n> IONOS may terminate this Agreement at any time for any reason, with or without cause, upon thirty days' written notice\n> \n> \n> \n\n\nIn my understanding, this doesn't apply, because they're giving only 8 days of prior notice.\n\n\n\n> \n> You represent and warrant that you are not a national or resident of Burma\/Myanmar, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, and Syria or any other country subject to U.S. Treasury Department embargo restrictions\n> \n> \n> \n\n\nTo my knowledge, Russia is not embargoed.\n\n\n\n> \n> In the event of \"force majeure\" (as defined below), IONOS may terminate this Agreement without liability to you. For purposes of the Agreement, \"force majeure\" shall mean circumstances or occurrences beyond IONOS\u2019s reasonable control, whether or not foreseeable at the time of entering into the Agreement, in consequence of which IONOS cannot reasonably be required to perform its obligations hereunder or otherwise perform its obligations under the Agreement.\n> \n> \n> \n\n\nIONOS is an internet service, which to my knowledge is rendered outside of Russian soil. Therefore I don't see a way to declare that IONOS is \"cannot reasonably be required to perform its obligations\" in such situation. Also, by the time of their decision, there is no war on Russian soil.\n\n\n","text_label":"contract-law","title":"What is the legal basis for terminating contracts with Russian residents?"} {"Id":15085,"PostTypeId":1,"CreationDate":"2016-11-09T03:42:57.583","Score":3,"ViewCount":3293.0,"LastActivityDate":"2017-03-09T11:04:03.880","AnswerCount":4.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"I have a contract that was signed on Nov 4, 2016. It says that we can cancel the contract within three business days from the above date. Additionally, it also says \"To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice to\" followed by an address and \"no later than midnight of Nov 9, 2016\". I am wondering if midnight of Nov 9 means a minute after Nov 8 11:59PM or it is after Nov 9 11:59PM.\n\n\n","text_label":"contract","title":"What does \"No later than midnight of a day\" mean?"} {"Id":79861,"PostTypeId":1,"CreationDate":"2022-05-04T01:25:12.483","Score":0,"ViewCount":35.0,"LastActivityDate":"2022-05-04T01:25:12.483","AnswerCount":0.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I am developing a web application that involves connecting PHP with SQL Server, in order to do so it was necessary to download and install the Microsoft ODBC Driver 18 for SQL Server for Windows; reading the license it metions in the part of \"Installation and use rights\" that \"You may install and use any number of copies of the software to develop and test your applications\", I wonder if I wanted to market (not develop or test) my web application so that other users connect to my server, where I have Microsoft Driver 18 for Sql Server installed, throught a web browser to make use of my application that needs the Microsoft Driver 18 for Sql Server to be able to work (not to download the driver but to use my web application), is it possible to do it with that driver that I have downloaded or should I buy some other driver or application that allows me to market my application? If so I would like to know why.\n\n\n\n\n\nThanks\n\n\nDaniel\n\n\n","text_label":"licensing","title":"Can I use the Microsoft ODBC driver 18 for SQL Server in a commercial application?"} {"Id":45317,"PostTypeId":1,"CreationDate":"2019-10-06T22:17:39.280","Score":27,"ViewCount":8158.0,"LastActivityDate":"2019-10-09T19:52:06.383","AnswerCount":2.0,"CommentCount":4,"ContentLicense":"CC BY-SA 4.0","body":"I am currently interested in doing some research performing various measurements and algorithms on the most common words in the English language. I have found a few good word lists online that would be suitable, but I am concerned that they may be subject to copyright and would like to be sure about their status before I use them. The lists are in the form of a simple text file with one word per line.\n\n\nI understand that collections of words such as dictionaries are subject to copyright because they contain a large amount of words and their definitions which can be considered to require original work and creativity, but what about just words without any definitions or additional information?\n\n\nI have seen [this other Law Stack Exchange question](https:\/\/law.stackexchange.com\/questions\/6597\/copyright-fair-use-and-online-dictionaries-translations-word-list?rq=1), which mentions lists of words, but the author seems to have been interested in also using some short definitions, and I am not certain the answer refers to plain word lists.\n\n\nIs a list of common words copyrightable? If so, would it still be considered fair use to use the word list to generate data not related to the words themselves?\n\n\n","text_label":"copyright","title":"Is a list of the most common English words copyrightable under US law?"} {"Id":34296,"PostTypeId":1,"CreationDate":"2018-12-12T00:20:28.053","Score":1,"ViewCount":102.0,"LastActivityDate":"2018-12-14T21:42:10.123","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"When making a Subject Access Request to GCHQ I was told that I would have to pay a fee for this Request. The GDPR does not allow for such a fee, while the UK Data Protection Act does(Part 4 \u2013 Chapter 3 - Section 94). My Subject Access Request concerns the website of the GCHQ, and not the GCHQ's surveillance activities. Does the GDPR supersede the UK Data Protection Act in this case?\n\n\n","text_label":"privacy","title":"Fee for Subject Access Request to GCHQ, Data Protection Act 2018"} {"Id":41812,"PostTypeId":1,"CreationDate":"2019-06-05T22:05:03.880","Score":0,"ViewCount":61.0,"LastActivityDate":"2019-06-06T02:14:15.903","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"I'm writing a module for the internal company website of my current employer. Does that constitute comercial use? \n\n\n","text_label":"software","title":"What constitutes comercial use of software?"} {"Id":7204,"PostTypeId":1,"CreationDate":"2016-02-17T02:16:54.243","Score":3,"ViewCount":892.0,"LastActivityDate":"2017-09-11T04:05:39.247","AnswerCount":3.0,"CommentCount":4,"ContentLicense":"CC BY-SA 3.0","body":"Is it legal to tax each item separately? \n\n\nI visited Buddy's Pizza in Detroit MI on 6 Mile and Conant on 2\/14\/2016 Valentines Day. The waitress taxed each item on my bill separately: for example, she taxed me for the pizza, then taxed me for the pop, and added a gratuity.\n\n\n","text_label":"tax-law","title":"Calculating the sales tax on separate items on a restaurant bill"} {"Id":66758,"PostTypeId":1,"CreationDate":"2021-06-14T09:42:00.620","Score":5,"ViewCount":325.0,"LastActivityDate":"2021-06-16T16:38:37.680","AnswerCount":2.0,"CommentCount":12,"ContentLicense":"CC BY-SA 4.0","body":"Bob is a clinically vulnerable adult that has a weak immune system. Eve is one of Bob's friends. Eve has been offered a vaccine for a widely spread and contagious disease that has the potential to kill Bob if he caught it from Eve. Eve does not take this vaccine, as she does not think it will affect her and it goes against her beliefs\/morals.\n\n\nUnfortunately, Eve catches this disease and then passes it on (transmits) it to Bob. As a result, Bob becomes ill and dies. Could Eve be tried for murder, manslaughter, or some other crime, as she chose not to be vaccinated against a disease that she (in-directly) passed on to Bob and killed him?\n\n\n","text_label":"criminal-law","title":"Bob dies because Eve chose not to be vaccinated, is this a crime?"} {"Id":56807,"PostTypeId":1,"CreationDate":"2020-10-01T18:12:15.080","Score":-1,"ViewCount":71.0,"LastActivityDate":"2020-10-01T19:53:27.727","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"For over a year, I'm trying to get \"wordpress.org\" to delete my personal data from their [bugtracker](https:\/\/core.trac.wordpress.org\/) (the pseudonym is linked to my full personal address).\n\n\nAccording to The website states GDPR compliancy and appropriate rights are theoretically granted. There is no legal or even practical reason not to (at least) anonymize the data in question. No payments or contracts are involved.\n\n\nUntil today I have written about 7 mails to 4 different receivers including but not limited to the address listed in the above privacy statement, starting from August 2019. Without any reply at all.\n\n\nI tried opening tasks in their bugtracker and request information about the legal holder of the domain or a contact who may be able to fulfill my request. All my requests have been blocked and deleted immediately - even one of my domains has been blocked completely.\n\n\nWordpress is putting preasure on avoiding me as hard as possible even tho I have written most polite messages and acknowledging integrity of their systems.\n\n\nWhat could I possibly do now to get my data erased or anonymized?\n\n\n","text_label":"privacy","title":"Why is my GDPR (a.17) request not fulfilled?"} {"Id":60723,"PostTypeId":1,"CreationDate":"2021-02-01T15:39:34.243","Score":3,"ViewCount":1233.0,"LastActivityDate":"2021-02-01T23:12:23.500","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"If a corporation is criminally charged while handling privacy data wrongly (assume such a law exists if it does not) in India who is liable? Is it the chairman, deparment of privacy, employees involved, the majority shareholder who financed the company or someone else?\nAssume the company was not set up just to do illegal activity and the majority shareholder and chairman took reasonable steps to ensure privacy and left the rest to privacy experts and lawyers in the privacy department.\n\n\n","text_label":"privacy","title":"How are corporations imprisoned?"} {"Id":38338,"PostTypeId":1,"CreationDate":"2019-03-22T21:53:36.617","Score":-2,"ViewCount":89.0,"LastActivityDate":"2019-03-24T04:57:50.007","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"While I am located in Europe, I am generally interested in how this is handled in different countries. This is not a current question, but more a theoretical question, about how the law \"generally\" works. I am aware, that different countries may have very different laws, but I would still like to read answers, regardless of the country.\n\n\nLet's imagine, that I get a contract, which claims something along the lines of \"A admits, that all the code he has written for this company has always exclusively belonged to the company\". \n\n\nThis is basically an admission to a fact.\n\n\nLet's imagine, that I have a condition for this admission and add: \"This contract is void, unless payment of X happens before xx.xx.xx.\"\n\n\nOr let's even imagine, that I add \"this contract is void, unless I get a bag of coke before xx.xx.xx.\".\n\n\n1. Does me signing the contract count as an admission of the fact, even if my condition was not met?\n2. What if my condition was illegal or for some other reason invalid. Would this invalidate the whole contract or would it only invalidate the condition?\n3. If the counter party uses the contract in court as proof of my admission, would they need to sign the document as well in order to make the contract valid, thereby accepting the condition?\n4. Let's imagine an even more explicit situation: I am accused of murder. I make a deal, where I admit to the murder, but as compensation I demand a new car. The DA doesn't sign the deal or accept it, but later uses my contract signature as proof my guilt. After all it is a written admission.\n\n\nPlease feel free to edit my question title, there is probably a better way to formulate this question.\n\n\n","text_label":"contract-law","title":"Can an unacceptable \/ illegal condition in a contract be ignored without voiding the whole contract?"} {"Id":14755,"PostTypeId":1,"CreationDate":"2016-10-22T10:29:42.467","Score":2,"ViewCount":129.0,"LastActivityDate":"2016-10-26T01:13:07.417","AnswerCount":0.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"My wife has had a new boss a few months back. He does not understand the role his team plays in the organisation. \n\n\n\nHe has tried to force (he uses the word encourage) my wife to take up work that is not in the purview of her role. \n\n\n\nHe has tried to get her to take on work that other teams have to do (this is documented in the process), all under the name of improving working environment.\n\n\nHe has tried to force (again encourage according to him) her to change her personal development goals in the company. \n\n\n\nMy wife is 5 months into pregnancy and a few days back I had to take her to the A&E after she complained about severe abdominal pains. This followed an extremely stressful 2 hour long meeting with her boss. \n\n\n\nI have observed that she is stressed every time there is a meeting with her boss. \n\n\n\nWhat are her legal rights? She does not want to quit her job. She has absolutely no confidence in the HR. \n\n\n\nCan she talk to the doctor and get off for a few days without affecting her maternity leave?\n\n\n","text_label":"employment","title":"My pregnant wife is experiencing a lot of stress at work due to an incompetent manager. What are her rights?"} {"Id":48582,"PostTypeId":1,"CreationDate":"2020-01-29T02:51:21.780","Score":-1,"ViewCount":60.0,"LastActivityDate":"2020-01-29T08:52:05.573","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"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 166.\n\n\n\n> \n> Distinguishing liquidated damages and penalty clauses\n> =====================================================\n> \n> \n> This is a question of construction of the contract and public policy. Traditionally reference\n> has been made to the guidelines (a summary follows) laid down by Lord Dunedin in *Dunlop\n> Pneumatic Tyre Co. Ltd v New Garage & Motor Co. Ltd* (1915).\n> \n> \n> ### Lord Dunedin\u2019s traditional guidelines\n> \n> \n> \u2022 Terminology used was not conclusive, e.g. Cellulose Acetate. \n> \n> \u2022 Was the clause a genuine pre-estimate of the likely loss at the time contract was\n> made rather than in the light of the breach? The estimate did not have to be correct,\n> i.e. it did not need to be the same as the actual loss as long as it was a genuine and sensible\n> estimate of the likely loss resulting from that breach. \n> \n> \u2022 In commercial contracts made \u2018at arm\u2019s length\u2019 the clause was likely to have been intended\n> by the parties as an enforceable liquidated damages clause: *Philips Hong Kong Ltd v\n> AG of Hong Kong* (1993). **Account would not be taken of unlikely hypothetical breaches,\n> since it would be very difficult to draft a clause that would never operate in a penal way.**\n> The courts should uphold the parties\u2019 agreement.\n> \n> \n> \n\n\nThe boldened sentence too many negators. I rewrote it \u2014\n\n\n\n> \n> Unlikely hypothetical breaches are overlooked, because it's difficult to draft clauses that never penalize\/operate punitively.\n> \n> \n> \u21d2 Unlikely hypothetical breaches are overlooked, because most clauses drafted would penalize. \n> \n> \n> \n\n\nI still don't understand. How does difficulty in drafting clauses that don't penalize, relate to overlooking unlikely hypothetical breaches? \n\n\n","text_label":"contract-law","title":"Why are unlikely hypothetical breaches overlooked, because most clauses operate punitively?"} {"Id":53585,"PostTypeId":1,"CreationDate":"2020-07-24T18:11:25.417","Score":0,"ViewCount":81.0,"LastActivityDate":"2020-07-29T12:03:22.703","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"(1) I am trying to find out whether one has to file any income tax if they are an American citizen permanently living abroad but having literally no income?\n\n\n(2) While trying to search about this on the internet, I wondered why is there no tax bracket with 0% or nil income tax (the UK doesn't tax income upto \u00a312,500 for example). This means that people earning below that threshold are exempt from paying tax. Is there no such Nil or 0% tax thing in the US? So many countries have this minimum threshold income where no filing of income tax is required. Even countries like India have such policy. But I can only see that in the US you have to pay 10% tax minimum no matter how less you earn.\n\n\nI would really appreciate if you could help me regarding those 2 questions.\n\n\nThank you:)\n\n\n","text_label":"tax-law","title":"Income tax bracket threshold for zero tax in the US and regarding no income at all"} {"Id":65196,"PostTypeId":1,"CreationDate":"2021-05-22T16:10:17.730","Score":0,"ViewCount":107.0,"LastActivityDate":"2021-05-24T17:10:11.197","AnswerCount":1.0,"CommentCount":6,"ContentLicense":"CC BY-SA 4.0","body":"Various techniques can be used to identify stalkers, malicious hackers et al. that are either gathering data for their target or use the target's digital items without consent.\n\n\nCanary files\n------------\n\n\nThey are 'normal' files (e.g. PDF, word) that can be used to identify an attacker without his knowledge or consent. When the attacker copies the canary file (without permission) and opens it in his computer, he could -unknowingly- send his IP address to the victim.\n\n\nGoogle Drive\n------------\n\n\nA victim can upload a big file that most people wouldn't bother searching for, let alone download, yet an attacker doing research on the victim probably will.\nBy doing so (and under certain circumstances) the following become [available](https:\/\/support.google.com\/a\/answer\/4579696?hl=en#zippy=%2Cdata-you-can-view) to the victim:\n\n\n\n> \n> User action such as View, Rename, Create, Edit, Preview, Print, Update, Delete, Upload, Download, or Share a Drive file.\n> \n> \n> \n\n\nGoogle analytics\n----------------\n\n\nIt can sometimes be used to gather information of would-be stalkers. E.g. if a victim creates a website and enables Google Analytics he could place a 'bait' in his webpage like his real name, assuming it's not too common. Then the attacker by searching \"Jake Anderson home address\" would leave traces like:\n\n\n* approximate age\n* approximate location (e.g. city)\n* search term used to find the site in Google\n\n\nThis of course requires that the attacker is reckless with his privacy settings which is quite common.\n\n\nWhat limitations does the GDPR create in the use of such techniques when done with the sole purpose of identifying or getting a hint on the attacker's identity?\n\n\nNote that in some of the cases above the attacker has given consent to his data being used (e.g. being visible to the google drive account owner).\n\n\n","text_label":"internet","title":"Identifying attackers and GDPR. In which cases is it legal?"} {"Id":73041,"PostTypeId":1,"CreationDate":"2021-09-22T19:00:33.117","Score":0,"ViewCount":47.0,"LastActivityDate":"2021-09-22T22:10:36.173","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Let\u2019s suppose there are two companies, company A and company B. Both companies come to an agreement: company A buys some goods from Company B and these goods must be delivered in four months. Now, before these goods are delivered, an employee of company B destroys them. Suppose I am company A. What could I do? Is this matter of property law? Or contractual law? Or both?\n\n\n","text_label":"contract-law","title":"Property\/contract law issue"} {"Id":45105,"PostTypeId":1,"CreationDate":"2019-09-29T15:26:12.720","Score":11,"ViewCount":8405.0,"LastActivityDate":"2019-10-03T04:20:34.223","AnswerCount":3.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"Say, I pay for a broadcasting service, and lets say due some circumstances I miss it. \n\n\nDoes the original copyright (or the fact that it allowed me to watch it), allow me to source the content elsewhere? \n\n\nI in no way am sharing the content that was aquired elsewhere. \n\n\nEdit: Likely I will watch it one time and delete it afterwards.\n\n\nEdit: I know the alternative source is infringing copyright. But does that have any effect on me?\n\n\n","text_label":"copyright","title":"I pay for a service, but I miss the broadcast"} {"Id":48878,"PostTypeId":1,"CreationDate":"2020-02-07T19:49:46.143","Score":0,"ViewCount":55.0,"LastActivityDate":"2020-02-07T21:17:54.970","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I received a letter of intent to sign and the signature block has a line after \"Accepted\" as though I should put something there.\n\n\n\n> \n> \n> \n> \n> ACCEPTED: \\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n> \n> \n> BY: \\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n> \n> \n> Date: \\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n> \n> \n> \n\n\nThis is new to me. After a cursory search I could not find any info or even any examples of this. What goes there?\n\n\n","text_label":"contract-law","title":"What do I put on an \"Accepted\" line?"} {"Id":31601,"PostTypeId":1,"CreationDate":"2018-09-08T17:34:02.343","Score":4,"ViewCount":354.0,"LastActivityDate":"2018-09-10T05:36:52.170","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"[![image of jim carrey](https:\/\/i.stack.imgur.com\/VRr6e.png)](https:\/\/i.stack.imgur.com\/VRr6e.png)\n\n\nBy opening this question, you have automatically sent some data to some random website on the internet, the website hosting the above picture. What data? This is the data that is usually sent:\n\n\n* Your IP\n* A cookie\n* The URL you are visiting (the URL of this question)\n* Your user-agent (typically including OS version, browser version, etc.)\n* The time when you first saw this picture (header: if-modified-since)\n\n\nThis can definitely be personal data according to the GDPR, and in practice in most cases **it is**.\n\n\n\n> \n> \u2018personal data\u2019 means any information relating to an identified or identifiable natural person (\u2018data subject\u2019); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;\n> \n> \n> \n\n\nThat data is sent somewhere automatically. Did you see any privacy policies? Did you accept anything? No, you don't know how that data will be used. Of course it could be sent to a stupid random website, that will never use it for anything. Or it could be sent to a big corporation, or to a content delivery network, or any website that is big enough to be able to track you with this data, because they have a lot of services (or just hotlinked images) around spread all over the web. Note: the data is actually sent to Imgur, which I believe would definitely be able to track you, given the huge amount of pictures on the internet that link to them.\n\n\nI've always seen people mainly worried about third-party assets (Google Analytics or Facebook buttons, etc.), some also began to worry about Google Fonts (that's a third-party asset too actually), but I don't think anybody ever brought up the issue of hotlinked images. That's third-party stuff. And communities like this one are basically allowing users to embed third party assets.\n\n\n**Who's responsible for this?** Is it the user's fault, because they should always make sure the image source complies with the GDPR? I doubt it. The website owner's fault (Stackexchange), because they should not allow hotlinking? I'd say yeah, probably. Or the third-party website's fault, for not complying with the GDPR? I'd say no, for all we know they could be based in a country that doesn't even know what the GDPR is.\n\n\nSo my conclusion is that hotlinking should be treated like loading a third-party asset, and if the website owner cannot check the privacy policies of every hotlinked image (for example because it would be impossible in a community like this one), then unsupervised hotlinking should be disabled because the GDPR does not allow it. Am I wrong?\n\n\n","text_label":"internet","title":"GDPR and hotlinked images: are they allowed?"} {"Id":25458,"PostTypeId":1,"CreationDate":"2018-01-19T11:17:42.440","Score":1,"ViewCount":138.0,"LastActivityDate":"2018-01-19T14:07:04.960","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 3.0","body":"I am currently in the process of finalizing the technology behind a game where users are able to create \"lands\" of their own.\n\n\n* Each land is upkept and expanded by **Tokens**.\n* **Tokens** are bought from Real Money Store.\n* **Tokens** are tradeable.\n* Users are able to create images(terrain, characters, monsters etc...) that fit their local \"land\" theme and enable other players to interact there.\n* The land creator receives **tokens** from visitors that like the land.\n* **Tokens** are not changeable to real currency.\n\n\nMy question is whether it counts as a breach of copyright if someone creates a \"skyrim\" or \"Star wars\" land and fills it with people and locations from that universe?\nThey still need to create the art with the in-game tools, so I assume it's original artwork with names and lore based off existing IP)\n\n\nAnd a second, derived question is whether my profit (people paying other people with **tokens** that they had to have bought from me) constitutes profiting from a copyrighted IP.\n\n\nObviously each land is reportable in a multitude of categories -\n nudity\/pornographic content, IP violation, gore, violence, hate messages etc... and I assume it will take a significant amount of work to filter through those reports.\n\n\nI am talking to lawyers about it, but there's a whole world out there and many of You can give perspectives from different countries so that I can ask the right questions and hire the right lawyers.\n\n\nEDIT:\nEULA and TOS are of course going to be properly constructed to remove any liability I would have for user uploaded content.\nAre there countries where I am for exmaple still liable?\n\n\n","text_label":"copyright","title":"When does user generated content violate copyright?"} {"Id":32362,"PostTypeId":1,"CreationDate":"2018-10-07T13:43:02.947","Score":2,"ViewCount":91.0,"LastActivityDate":"2018-10-07T16:32:16.120","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"* An Internet forum logs their users' IP addresses for moderation purposes (fighting abusive sockpuppetry, temporary banning a dynamic IP address range in case of a spam attack, permanently banning static IP addresses in case of persistent toxic behaviors, etc)\n* An abusive user request the deletion of their IP address from the logs under GDPR\n* This seems to be in an effort to prevent the moderators from exercising the aforementioned tools, so that the user can abuse the forum undisturbed\n* Do I need to comply?\n\n\n","text_label":"internet","title":"Can a user request the deletion of their IP address that is stored for moderation purposes?"} {"Id":45276,"PostTypeId":1,"CreationDate":"2019-10-04T20:54:56.967","Score":-3,"ViewCount":164.0,"LastActivityDate":"2019-10-16T09:15:33.737","AnswerCount":2.0,"CommentCount":4,"ContentLicense":"CC BY-SA 4.0","body":"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?\n\n\nOr in selling company A to B permit wholesale pundering on B part when they buy A?\n\n\nIf there is no place on this website for this question please let me know. \n\n\n","text_label":"business","title":"Is it possible to keep assets from being taken when a company is bought by another?"} {"Id":30043,"PostTypeId":1,"CreationDate":"2018-07-07T02:51:48.173","Score":-2,"ViewCount":163.0,"LastActivityDate":"2018-07-07T11:37:57.427","AnswerCount":1.0,"CommentCount":4,"ContentLicense":"CC BY-SA 4.0","body":"My roomate hasn't arrived yet and I haven't met him yet but a big package of water in plastic bottles has been delivered to the room for him. My metal reusable water bottle is moldy and I didn't get a chance to buy soap to wash it so I took one of my roomate's waters for myself with the intention that I would reuse it a few times and by then I would've gotten a chance to wash my metal water bottle. I feel like I might be stealing and don't want to get in trouble for it but I'm sure my roomate would consent after I meet him. Should I not do this? I saw this searching on Google and it seems like a big deal: \n\n\n","text_label":"criminal-law","title":"I'm stealing a water from my roomate"} {"Id":14053,"PostTypeId":1,"CreationDate":"2016-09-18T09:54:56.070","Score":2,"ViewCount":750.0,"LastActivityDate":"2018-05-26T19:17:21.403","AnswerCount":1.0,"CommentCount":5,"ContentLicense":"CC BY-SA 3.0","body":"I have first posted this question on *Super User*. Since I tagged it with Android (as I use WhatsApp on Android) it got migrated to *Android Enthusiasts*. There one decided that it was not on-topic for that site and got closed. This question does address the technical side of uploading only a partial address book, but it mainly focuses on the legal perspective. So perhaps it is on-topic here.\n\n\n\n\n---\n\n\nA year ago I gave into the nagging and started to use WhatsApp. With the recent update I have agree to new terms of use which contain this (italic emphasis mine):\n\n\n\n> \n> **Address Book.** You provide us the phone numbers of WhatsApp users and your other contacts in your mobile phone address book on a regular basis. You confirm *you are authorized to provide us such numbers* to allow us to provide our Services.\n> \n> \n> \n\n\nSo in principle I would have to send a message to each and every one of my contacts in order to ask. And while I am at it, I would actually also ask for Telegram, Hangouts, Wire, Skype, Duo, Signal; perhaps just a general authorization would be the easiest.\n\n\nThen I get back a bunch of messages which I archive somewhere securely in care somebody sues me about it. Then I can prove that they gave me permission to upload their contact details. This is just tedious and a lot of work, but technically it can be done.\n\n\nWhat do I do about the people who do not agree? Android 6.0 on my phone does not seem to allow to give only selected contacts to WhatsApp. This means that I would have to delete the number on my phone which sounds utterly inconvenient. My contacts are stored in my Google account. Should I have asked my contacts for that already?\n\n\nIs there anything I can actually do about this? I think my options are the following:\n\n\n1. Continue to use WhatsApp (like virtually everyone else) and ignore that I could potentially be sued by somebody who would not consent to his contact information being uploaded.\n\n\nAs I am a German citizen living in Germany, I am not sure where I would be sued, actually. WhatsApp has no department in Germany, so the US law covers my relationship with WhatsApp. Can another German citizen sue with under US law in Germany? Can only US citizens sue me, would I have to fly to the US? All in all it seems like a non-issue in personal life.\n2. Delete the WhatsApp account (if possible) and not use the service any more. In principle I would have to get rid of all the other messaging apps as well. I couldn't store my contact list in my Google account then either, right? That is also sharing the data with other people.\n3. Attempt to ask every one of my 532 contacts whether it is okay to upload their phone number. Otherwise delete the phone number or the whole contact from my address book. Keep track of these numbers in a paper notebook at home (in a safe).\n\n\nMy actual question: Is the third option actually possible? And what could happen if I stick with option one?\n\n\n","text_label":"privacy","title":"Ask people for WhatsApp address book consent; what to do when declined?"} {"Id":6953,"PostTypeId":1,"CreationDate":"2016-02-05T17:01:21.607","Score":0,"ViewCount":64.0,"LastActivityDate":"2016-02-05T18:01:41.940","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"Not illegible- as far as I know, no one's signed the Voynich manuscript and been held to it- but simply incoherent, needlessly verbose, or prohibitively lengthy?\n\n\nI recognize that legal language uses a lot of terms of art, and that it's necessarily going to be a bit abstruse, but it seems like most terms of use are entries in some sick competition to see who can ensure as few people as possible actually read the thing.\n\n\n","text_label":"contract-law","title":"Is it common for contracts to be voided on the grounds that they are unreadable?"} {"Id":43525,"PostTypeId":1,"CreationDate":"2019-08-08T13:18:58.410","Score":2,"ViewCount":191.0,"LastActivityDate":"2019-08-08T16:09:22.853","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I am assuming (please to correct if not true) that copyright is not automatically conferred and that there is a process that must be followed. Assume the venue is the USA\n\n\nVideos are often used to show real-estate properties. How does one know if the video is copyrighted (or any other IP protection)? I ask because I would like to understand if altering the video (removing the realtor info and possibly other mods) for other purposes presents any problems.\n\n\nAny suggestions improve (narrow) the questions are appreciated.\n\n\n","text_label":"copyright","title":"youtube video IP"} {"Id":30593,"PostTypeId":1,"CreationDate":"2018-07-29T08:50:45.650","Score":0,"ViewCount":86.0,"LastActivityDate":"2018-07-29T15:58:02.080","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"If I receive a letter from a legal entity such as the council, which is asking me to fill in a form and return it to them via post, shouldn't they include a pre-stamped envelop where I can send the letter back without having to pay for the postage myself?\n\n\nMy reasoning behind it is that I don't have a choice not to respond to this letter, because if I don't, I will be penalized. This means that I am forced to do something which will cost me money. \n\n\n","text_label":"contract","title":"Shouldn't a legal entity such as the council, which is asking you to respond to one of their letters, include a pre-stamped envelope?"} {"Id":36499,"PostTypeId":1,"CreationDate":"2019-01-23T01:03:22.443","Score":0,"ViewCount":59.0,"LastActivityDate":"2019-01-23T02:15:52.097","AnswerCount":0.0,"CommentCount":6,"ContentLicense":"CC BY-SA 4.0","body":"I'm using Oracle JDK8 for some web services and it's a bit difficult to move to OpenJdk right now.\n\n\nAs public support for JDK8 is ending on January, 2019, is it possible continue using Oracle JDK8 without further update for commercial purposes?\nOr does a user need to subscribe to new model even though that user doesn't want to update?\n\n\n","text_label":"licensing","title":"Using older version of JDK8 after January, 2019"} {"Id":38468,"PostTypeId":1,"CreationDate":"2019-03-27T02:28:40.010","Score":2,"ViewCount":186.0,"LastActivityDate":"2019-03-28T22:15:44.200","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Consider this\n\n\n1. An American uses a fake scan of a Canadian passport over the internet to open an offshore bank account\n2. The account is never used\n3. No quantifiable damages are incurred\n\n\nIs the American liable for criminal fraud?\n\n\nAlso which federal agency would prosecute? The Diplomatic Service seems to only handle fraud of US passports, and only in immigration, drugs, terrorism and related crimes.\n\n\n","text_label":"criminal-law","title":"Does 18 U.S. Code \u00a7\u202f1543 apply to foreign passports?"} {"Id":22311,"PostTypeId":1,"CreationDate":"2017-08-30T18:46:57.113","Score":0,"ViewCount":397.0,"LastActivityDate":"2018-09-01T14:53:57.703","AnswerCount":3.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I am interesting if penal codes in US or UK allows a convicted person to obtain release on parole after only one third of jail time, although the person never admitted the crime nor most of the prejudice is not recovered. \n\n\nMy question stems from a real case in Romania where an important businessman and politician [was convicted to 10 years](http:\/\/visegradplus.org\/dan-voiculescu-sentenced-to-10-years-in-prison-in-the-ica-case-institute-of-food-research\/) for \"money laundering and prejudices to the state of 60 million Euros in the case of ICA privatization\" (more details [here](http:\/\/www.fairpress.eu\/blog\/2014\/10\/09\/dan-voiculescu-the-rise-and-fall-of-a-media-mogul-ten-years-prison-for-the-broker-of-governments-and-artisan-of-presidential-impeachments\/)).\n\n\nHowever, he was released [only after one third of jail time](http:\/\/www.romaniajournal.ro\/businessman-dan-voiculescu-serving-a-10-year-prison-sentence-released-on-parole\/), in spite of never regretting what he did and also in spite of the fact that most of the prejudice is not recovered:\n\n\n\n> \n> \u201cVoiculescu had no deserving behavior, but a normal one typical to any\n> convicted person. The defendant has not paid the prejudice in the file\n> and not even the judiciary expenses to the Romanian state,\u201d the\n> prosecutor pointed out.\n> \n> \n> \n\n\n**Question:** does the law within US or UK allow parole so soon for a person in a similar context (no regrets, major prejudice).\n\n\n","text_label":"criminal-law","title":"Is it possible to be released on parole only after serving 1\/3 of jail time without admitting the crime and the prejudice not being recovered?"} {"Id":37470,"PostTypeId":1,"CreationDate":"2019-02-21T11:40:55.970","Score":0,"ViewCount":91.0,"LastActivityDate":"2019-02-22T15:25:53.743","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"I am a German citizen permanently living in Germany. Is it legal to be employed by a company located in Mauritius and work 100% remotely without ever visiting Mauritius?\n\n\n","text_label":"contract-law","title":"Work remotely in a EU country for a non EU company"} {"Id":71301,"PostTypeId":1,"CreationDate":"2021-08-30T21:13:23.647","Score":-6,"ViewCount":89.0,"LastActivityDate":"2021-08-30T21:48:23.690","AnswerCount":1.0,"CommentCount":9,"ContentLicense":"CC BY-SA 4.0","body":"How is the government taxing you on money you are yet to make nothing else than an interest free short-term loan you are forced to give them. You only get the chance at a return at the end of the year giving the government a full year to do with your money as the please.\n\n\nI spoke to a person that is an estate agent and told me the Government takes 20% of all his commissions and only at the end of the year he has to prove what he made to get anything back from SARS.\n\n\n","text_label":"tax-law","title":"How has pre-emptive taxation been defended?"} {"Id":18488,"PostTypeId":1,"CreationDate":"2017-04-16T00:42:18.007","Score":1,"ViewCount":2292.0,"LastActivityDate":"2017-08-09T17:54:18.363","AnswerCount":3.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"How to tell if an image is copyrighted? \n\n\nFor example, I want to say that my client uses a product for their hairdressing service. \n\n\nCan I use images of the product directly from the product website?\n\n\nWhat are some general ways to tell?\n\n\nAnd who gets sued, me or the hairdresser?\n\n\n","text_label":"copyright","title":"How to tell if an image is copyrighted"} {"Id":53316,"PostTypeId":1,"CreationDate":"2020-07-17T01:15:55.150","Score":0,"ViewCount":21.0,"LastActivityDate":"2020-07-17T02:10:13.863","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I have heard in the past that editing an image to make it significantly different than its original form will allow you to use it without worrying about copyright laws. Is this true?\n\n\n","text_label":"copyright","title":"Copyright Images laws"} {"Id":6507,"PostTypeId":1,"CreationDate":"2016-01-20T04:09:49.730","Score":1,"ViewCount":41.0,"LastActivityDate":"2016-01-20T04:19:25.550","AnswerCount":0.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"The only information I am able to find on this topic is under the assumption that the duplication would be in print format:\n\n\nSome of the most common conditions are (not all apply to every country):\n\n\n* **Size** - smaller or larger than original, the amount varies by country\n* **Color** - black & white reproductions only or the use of distinctly\ndifferent colors from original\n* **One-side** - reproductions cannot be double-sided\n* **Surface Area** - only a certain percentage of the overall\nsurface of one side of the bill may be depicted\n* **Orientation** - currency must be at an angle within the illustration\n* **Labeling** - placing the word \"Specimen\" or \"Sample\" across the illustration\n* **Material** - some types of reproductions can only be placed on materials that are not paper or paper-like\n* **Permission** - in some countries you must request permission in writing before reproducing banknotes in advertising or for educational purposes\n* **Creative Materials** - disposal of scans, negatives, plates, or other materials used in creating the currency reproductions\n\n\nI'm just looking to use elements of currency as part of a mobile website theme; there's a **very** obvious lack of the possibility of mistaking anything as counterfeit. But, I'm aware of the sensitivity of this, so I want to make sure I'm not taking any chances on getting caught up on a technicality; the prison industrial complex is booming business now.\n\n\nI suppose just using *portions* of a US dollar bill might be the safest route, but I just need to know what my limitations are before heading down this path. \n\n\nLastly, where's a great place to find this type of information without risking a tour of Guantanamo? \n\n\n","text_label":"copyright","title":"Using US currency within a webpage design"} {"Id":21677,"PostTypeId":1,"CreationDate":"2017-08-02T12:37:06.867","Score":22,"ViewCount":4482.0,"LastActivityDate":"2018-10-30T00:15:08.507","AnswerCount":2.0,"CommentCount":13,"ContentLicense":"CC BY-SA 4.0","body":"I just read the following in [an article](https:\/\/www.theguardian.com\/uk-news\/2017\/aug\/02\/three-musketeers-convicted-of-plotting-terrorist-attack) in The Guardian (emphasis mine):\n\n\n\n> \n> In prison they met their co-defendant Rahman, 32, one of nine men prosecuted in connection with a plan to attack the London stock exchange, **who was serving five years for owning copies of an al-Qaida magazine**. On the witness stand, Hussain said Rahman was \u201cdomineering, paranoid, weird and had a lot of contact with MI5\u201d.\n> \n> \n> \n\n\nIs there really any law that makes it illegal to own copies of a publication? We punish thoughtcrime, these days? Is this an error in the newspaper or is there actually a law that permits people to be prosecuted (and even jailed for years!) for simply possessing a document?\n\n\nPlease note that I am not asking about cases where the possession of the document was presented as evidence of someone's worldview when they have been caught committing a crime. I am asking if the possession of a document1 can ever be considered criminal.\n\n\n\n\n---\n\n\n1Obviously, I am not talking about stolen documents or even certain classes of pornography whose very existence (photographs) implies an illegal act took place. \n\n\n","text_label":"criminal-law","title":"Is there a law in the UK that makes possession of specific publications illegal?"} {"Id":59579,"PostTypeId":1,"CreationDate":"2020-12-26T21:22:51.780","Score":0,"ViewCount":45.0,"LastActivityDate":"2020-12-28T06:07:04.473","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"Say you have 'Bag Watcher' that sells business management software, and another company, with the same class, is called 'Bag Overwatch' that is a computer security company. Is it legal and enforceable to register 'Bag Watcher'?\n\n\nThis is in the U.S.\n\n\n","text_label":"trademark","title":"How close can names in the same classification not be in trademark law"} {"Id":14553,"PostTypeId":1,"CreationDate":"2016-10-11T12:04:52.173","Score":1,"ViewCount":7319.0,"LastActivityDate":"2021-02-02T21:03:09.110","AnswerCount":3.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I am shooting a movie in which there is a shot of a phone ringing. The ringtone is moonlight sonata by Beethoven. Can I download the music from youtube and use it in my movie?\n\n\nWill I be breaking any copyright issue because of that?\n\n\nOr should I compose my own music and put it?\n\n\n","text_label":"copyright","title":"I want to use Moonlight Sonata in my movie - Copyright Issues?"} {"Id":49996,"PostTypeId":1,"CreationDate":"2020-03-18T15:20:52.403","Score":-2,"ViewCount":232.0,"LastActivityDate":"2020-03-19T10:25:42.203","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"[![enter image description here](https:\/\/i.stack.imgur.com\/RJY7J.jpg)](https:\/\/i.stack.imgur.com\/RJY7J.jpg)\n\n\nI wanna know if this is correct or not, if someone can help please!\n\n\n","text_label":"contract-law","title":"I wanna know if this is correct or not, if someone can help please!"} {"Id":41587,"PostTypeId":1,"CreationDate":"2019-05-30T23:17:58.720","Score":-3,"ViewCount":128.0,"LastActivityDate":"2019-05-31T03:29:46.567","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"These A4 notices where covering every window of my car, 3 on windscreen, 2 back widow, 1 one each other, i believe a simple don't park would suffice, this was over kill, can I do anything\n\n\n[![A4 NOTICES](https:\/\/i.stack.imgur.com\/naNIb.png)](https:\/\/i.stack.imgur.com\/naNIb.png)\n\n\n","text_label":"criminal-law","title":"I believe this is too much, covering ALL of my windows"} {"Id":22988,"PostTypeId":1,"CreationDate":"2017-09-30T11:44:59.807","Score":2,"ViewCount":117.0,"LastActivityDate":"2017-10-31T23:41:20.760","AnswerCount":1.0,"CommentCount":5,"ContentLicense":"CC BY-SA 3.0","body":"In the US, does a parent have any heightened duty of care to a grown child than that of an adult stranger to another adult?\n\n\n","text_label":"civil-law","title":"Does a parent have any heightened duty of care to a grown child?"} {"Id":23418,"PostTypeId":1,"CreationDate":"2017-10-18T17:37:40.333","Score":-1,"ViewCount":41.0,"LastActivityDate":"2017-10-18T18:20:21.590","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"If a comedian has a meltdown on stage & I Youtube that (just the meltdown, no material), can that comedian have said video pulled for copyright reasons?\n\n\n","text_label":"copyright","title":"Comedian takes down meltdown video"} {"Id":56693,"PostTypeId":1,"CreationDate":"2020-09-26T22:06:38.070","Score":2,"ViewCount":86.0,"LastActivityDate":"2020-09-29T00:31:46.820","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"A scenario: I am selling online software and I provide advanced features for premium members. As far as I understand I do not ship or deliver anything physically. I also do not ask customers for their address information and can accept any payment (e.g., bitcoin).\n\n\nWhat sales tax do I charge if I do not know their county and address? Can I assume that the sale happened at my \"store's\" location and charge them a standard sales tax based on that?\n\n\n","text_label":"tax-law","title":"Destination-based sales tax collection. What if you do not know the destination's address?"} {"Id":41977,"PostTypeId":1,"CreationDate":"2019-06-11T03:19:28.487","Score":-2,"ViewCount":56.0,"LastActivityDate":"2019-06-11T04:44:29.213","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"Suppose I want to use some character from Disney for a website offering something not related with Disney business at all (for example a service for software developers). \n\n\nIs this OK or Disney could sue me for that? (I know this is unlikely) \n\n\nWhat could be the penalty for something like that? \n\n\nIs there any case where this could be legal? (maybe some derivative work, not original image from Disney, or maybe depending on my country?) \n\n\nEDIT: to be clear, I have read similar questions about trademarks here, but I'm asking something different (I think). The core of the question is that the characters are not important for the business, is not like selling t-shirts or toys, is just like a decoration, maybe this is not important at all for a trademark, or maybe yes, or maybe in some conditions, that's the question.\n\n\n","text_label":"trademark","title":"Is Legal to use characters from movies\/games without license in a non related business?"} {"Id":30603,"PostTypeId":1,"CreationDate":"2018-07-30T00:14:33.647","Score":0,"ViewCount":134.0,"LastActivityDate":"2018-07-30T02:45:09.070","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"Recently i passed by a large local mosque. The mosque property was posted \"No Gun Zone\" at the property boundaries.\n\n\nIf a resident posted such signs on their property then missionaries, delivery people, etc could continue to come and knock on their door as has been common for ages.\n\n\nPolice offixers executing warrants would obviously not need heed the signs. Similarly if police are responding to exigent circumstances. \n\n\nWhat if there is no warrant or exigent circumstances and police are doing a \"knock and talk\". Logically they could disarm before entering the property and do a compliant knock and talk. But i doubt they would be willing to disarm.\n\n\nMy question is can a homeowner modify the implied lixense to come to the door to knock? If the modified license does not allow guns, is an armed police officers entry a trespass?\n\n\nIf an armed police officer came to the door and claimed to see, hear, smell contraband not detectable off property is that admissible?\n\n\n","text_label":"privacy","title":"No gun zone and knock and talk"} {"Id":50907,"PostTypeId":1,"CreationDate":"2020-04-22T09:16:03.330","Score":0,"ViewCount":94.0,"LastActivityDate":"2020-11-01T15:02:29.937","AnswerCount":0.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"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*.\n\n\nThe 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. \n\n\nAre there any other similar cases?\n\n\nUPDATE - 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 c\u00e9l\u00e8bre* 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)\n\n\n","text_label":"criminal-law","title":"Alleged miscarriage of justice, later proven guilty"} {"Id":4923,"PostTypeId":1,"CreationDate":"2015-11-02T18:29:27.130","Score":0,"ViewCount":539.0,"LastActivityDate":"2015-11-02T22:24:55.177","AnswerCount":2.0,"CommentCount":5,"ContentLicense":"CC BY-SA 3.0","body":"What are unalienable rights? Surely, noone actually has these rights, correct?\n\n\n\n> \n> We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness...\n> \n> \n> \n\n\n","text_label":"criminal-law","title":"Unalienable Rights"} {"Id":79358,"PostTypeId":1,"CreationDate":"2022-04-14T17:06:02.350","Score":1,"ViewCount":75.0,"LastActivityDate":"2022-05-15T12:00:30.060","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"I recently had to have dental implants. My dentist explained that I would need to see a dental surgeon to have the post done but he would be doing the remainder of the procedure. The same day my dentist told me this,I sat with his billing manager and asked how much MY responsibility for THEIR portion of the procedure would be. She gave me an unsigned estimate of $1850.00, taking into account that the cap on my insurance had already been met. I also called the surgeons office and received an estimate on their charges. Upon having the post completed, the bill from the surgeon was exactly what I was quoted. I then saw my dentist for him to complete the implants. Upon completion I received his bill and it was for $4300, OVER DOUBLE the estimate. His office said the difference was because the estimate was for 2 post and 3 were done. At NO time was I informed that there were 3 done OR the dramatic increase in cost. I paid $3000 of the final bill, what are my options regarding such a surprise increase of the bill?\n\n\n","text_label":"contract-law","title":"Unexpected additional dental bill over double of estimate I received"} {"Id":74532,"PostTypeId":1,"CreationDate":"2021-11-14T18:47:00.497","Score":8,"ViewCount":3731.0,"LastActivityDate":"2021-11-14T23:31:59.673","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"Let's say I work as an employee at a company, and have a contract that states I must give a minimum of 1 month's notice in writing to resign.\n\n\nIn trying to be fair to my employer, and to give them additional time to hire a replacement, I give them 2 months notice in writing.\n\n\nMy employer then immediately terminates my employment with 1 months notice (which is the minimum required by the contract).\n\n\nWas my resignation a legal reason for the employer to dismiss me?\n\n\n","text_label":"employment","title":"Is it legal to dismiss an employee for resigning?"} {"Id":51097,"PostTypeId":1,"CreationDate":"2020-04-29T07:08:14.370","Score":1,"ViewCount":26.0,"LastActivityDate":"2020-04-29T07:43:38.400","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"There was a strategy game where I and my friends played for several years. The original developers closed the game 3 years ago. We have asked them to open the source code when they did it but they did not reply. Their firm is liquidated now.\n\n\nOne of their previous domain names will expire in the next year. We have web archives, so we can recreate the game. It will be open source if we do it. Can we reuse images from the archives after a time or not in this case?\n\n\n","text_label":"internet","title":"Reuse images from web archives"} {"Id":57193,"PostTypeId":1,"CreationDate":"2020-10-16T01:21:26.457","Score":3,"ViewCount":233.0,"LastActivityDate":"2021-04-21T22:58:23.883","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Suppose I make a video game which uses assets from another game. The assets are however not included, but rather obtained by loading them from the other game's install folder (the player needs to have bought and installed the other game too). My game is a fan-made sequel to the old game, which was discontinued.\n\n\nNo assets or code from the original game are included in mine. Can this still be considered copyright infringement?\n\n\n","text_label":"copyright","title":"Is loading assets from another game's install folder copyright infringement?"} {"Id":16985,"PostTypeId":1,"CreationDate":"2017-02-07T20:04:26.370","Score":3,"ViewCount":1295.0,"LastActivityDate":"2017-02-10T00:32:43.263","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Follow on to [At what point and how should I change the license\/Copyright notice when I create a derivative?](https:\/\/law.stackexchange.com\/questions\/1121\/at-what-point-and-how-should-i-change-the-license-copyright-notice-when-i-create).\n\n\nWhen an author revises and publishes an updated version of her\/his previously published work, does the revised edition count as a new (derived) work for purposes of establishing the Copyright date?\n\n\nFor example:\n\n\nFirst edition: \"Copyright 2010, John Q Author\"\n\n\nSecond edition: \"Copyright 2017, John Q Author\"\n\n\nI understand that the Copyright of the original would not be extended, but would the revised edition have its own, or would it also expire when the original edition expires?\n\n\n","text_label":"copyright","title":"Changing Copyright date notice for a revised edition"} {"Id":3723,"PostTypeId":1,"CreationDate":"2015-09-16T21:47:28.867","Score":4,"ViewCount":218.0,"LastActivityDate":"2015-09-17T11:15:00.710","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"After years of complaining about the lack of care the landlord had for the property I was renting from them I finally got served an eviction notice.\n\n\nI moved out, and 2 weeks later because of terms in the tenancy agreement I was still renting the property but there was a water leak from a bathroom pipe.\n\n\nI was issued a demand for \u00a34,500 worth of damage to the property which would partially be covered by the deposit which i refused to pay. \n\n\nI went to my insurance company who told me that they would sort everything out until the landlord claimed that I had deliberately damaged the pipe in the bathroom.\n\n\nAt this point the Insurance company offered me only advice but would not handle the case.\n\n\nI raised a dispute with the tenancy deposit scheme in order to recover my deposit giving lots of evidence showing that I had continuously complained about the bathroom the whole of of the time I had been living there, at one point the landlord sent their brother in law to fit a whole new bathroom (poorly I might add) and yet all of this was shot down by the adjudicator with the reason being ...\n\n\nThe landlords report states that I damaged the pipe so due to \"the balance of probabilities\" I was in breach of my tenancy agreement and my full deposit has been awarded to the landlord to cover renovation costs.\n\n\nI am also aware the landlord intends to sue me for the rest of the cost I refused to pay outside of the adjudication process.\n\n\nMy understanding (which may be wrong) ...\n\n\nIn a civil case the law seems to state that if I am \"probably at fault\" (in this case, I had a set of keys which appears to be enough to implicate me) then I likely am liable.\n\n\nIn a Criminal case it would have to be certain that I did indeed cause the damage and proof to that nature would need to be provided in order for me to be deemed liable.\n\n\nSo, my question is ...\n\n\nGiven that the landlord claims I \"criminally damaged\" their property but never provided a single shred of evidence to back this up what can I do to fight this with no help from my insurer?\n\n\n... or ...\n\n\nIs there some way I can force this in to a criminal court or in the event that this can't be forced that way perhaps force my insurer to step in and help?\n\n\n","text_label":"liability","title":"Disputing Tenancy Deposit Scheme Adjudication Decisions"} {"Id":17332,"PostTypeId":1,"CreationDate":"2017-02-24T17:39:44.103","Score":1,"ViewCount":220.0,"LastActivityDate":"2017-02-24T18:55:45.127","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"[This article](http:\/\/www.mbbp.com\/news\/generic-trademark) (and my knowledge about trademarks) says Generic Names can't be trademarked. So my question is about the genericity of a name and the probability of getting it trademarked.\n\n\nI own a generic domain name with `.com` since 2010 but lately found that another person is using the `.co.uk` tld of the same domain since 2016 for a website and doing business. I am planning to develop on my domain.\n\n\nThe domain name looks something like `freecupcakes.com` (just symbolic but not about cupcakes) and another party use the domain `freecupcakes.co.uk`.\n\n\nmy observations about the other person's business are.\n\n\n1. They are using it since 2016\n2. They don't have trademark registerd but a company with the same name in UK\n\n\nSo my questions are,.\n\n\n1. Can I use proceed building the business with my domain which I own from 2010?\n2. Can I register a company with the same name in another location not in UK\/Europe?\n3. Can this type of name be ever trademarked?\n4. Can the other person using the same business name ever trademark this name?\n\n\n","text_label":"trademark","title":"Can I get a generic name trademarked?"} {"Id":46729,"PostTypeId":1,"CreationDate":"2019-11-22T05:55:56.567","Score":0,"ViewCount":55.0,"LastActivityDate":"2019-11-22T11:51:28.100","AnswerCount":0.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"My question is about video recordings. Who owns the right to a video recording? Is it the person recording or the person being recorded?\n\n\n","text_label":"copyright","title":"who owns the copyright to someone giving a speech"} {"Id":70668,"PostTypeId":1,"CreationDate":"2021-08-10T21:55:36.040","Score":0,"ViewCount":63.0,"LastActivityDate":"2021-08-10T22:01:37.783","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Can a non-profit organization use a patent without paying a licensing fee if it makes no money on its own invention? Let's assume that the company designs a chip based on the x86 architecture and then makes the design open-source. Will the non-profit company have to pay Intel for using the x86 architecture or not? Assume that this is in the United States.\n\n\n","text_label":"intellectual-property","title":"Can a non-profit organization use a patent without paying a licensing fee if it makes no money on its own invention?"} {"Id":63792,"PostTypeId":1,"CreationDate":"2021-04-03T21:45:42.480","Score":1,"ViewCount":177.0,"LastActivityDate":"2021-04-16T09:00:50.230","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"If you're planning the watch the movie [Honest Thief (2020)](https:\/\/www.imdb.com\/title\/tt1838556\/): **Spoilers ahead!**\n\n\nThe protagonist of the movie above is a thief who \"robbed 12 banks in 7 [US] states\" for \"a little over 9 million dollars cash\" during a period of \"about 8 years\" and wants to make a deal with the FBI:\n\n\n\n> \n> He is gonna \"hand over all the money... in exchange for a reduced sentence, no more than 2 years in minimum security, within an hour of Boston, with full visitation rights.\"\n> \n> \n> \n\n\nCould such a deal be legally possible?\n\n\n**Further notes:** The thief \"never spent one dime\" of the stolen money, and killed \"no one.\"\n\n\n","text_label":"criminal-law","title":"Could the \"Honest Thief\"-deal be legally possible?"} {"Id":64440,"PostTypeId":1,"CreationDate":"2021-04-25T05:17:20.603","Score":0,"ViewCount":17.0,"LastActivityDate":"2021-04-25T05:17:20.603","AnswerCount":0.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"My wife has recently started working as a floater pharmacist at one red-colored pharmacy chain in California. Just a side note, while my wife has worked there, she personally vaccinated more than 1000 people with Covid vaccines.\n\n\nHer schedule is unpredictable and when the scheduler sends out a schedule for an upcoming month, my wife's schedule shows less hours in certain weeks than the amount that constitutes a full-time position (32 hours constitutes a full-time job, according to the policy of that pharmacy chain).\n\n\nIt has been indicated to her in work emails that she is expected to accept a last minute on-call shifts and she shall not have personal plans for days where she does not have scheduled in advance shifts, in case if she is needed to cover for someone else. It has also been alluded to her that if she were to refuse an on-call shift, she could potentially face certain consequences, including not being assigned to a single pharmacy with a more predictable schedule or a demotion to a part-time position.\n\n\nI would like to know what rights my wife has as an employee of that company. The practices of her employer do seem very coercive to me. They expect their employees to have the \"suck it up, soldier\" attitude, without any regard for them as human beings.\n\n\n","text_label":"employment","title":"What are the existing regulations and laws about on-call shifts in retail industry in California?"} {"Id":73442,"PostTypeId":1,"CreationDate":"2021-10-05T16:20:58.787","Score":5,"ViewCount":91.0,"LastActivityDate":"2021-10-06T23:16:00.827","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Does the High Court of Justice of England and Wales (Queen's Bench Division) ever exercise original criminal jurisdiction in serious cases (eg, a terrorism trial) in modern times? Has it ever exercised such jurisdiction since its creation by the Judicature Acts?\n\n\n**Please note I am asking about the High Court , not High Court judges\u2014I am aware that High Court judges do sit in serious criminal cases in the Crown Court**\n\n\n","text_label":"criminal-law","title":"Does the High Court ever exercise original criminal jurisdiction?"} {"Id":60346,"PostTypeId":1,"CreationDate":"2021-01-20T11:10:35.683","Score":-1,"ViewCount":133.0,"LastActivityDate":"2021-01-20T11:22:34.317","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"I'm a freelance programmer from Belgium and I have developed an application for an American client. We agreed on 800USD for the completed project. I finished the application and met all his requirements. We only had a verbal agreement about the project and we discussed payment dates for the project. I received 4 200USD payments over the course of two months, after which I sent him the completed product.\n\n\nAfter I sent him the finished product everything seemed good. However after some days he said that it was unusable because switching between pages was \"too slow\". He demanded a refund because he said that he was unable to use it. In my opinion it was fine and I didn't see what was wrong with it.\n\n\nNow he's threatening me with 'legal action' if I don't refund him the full amount, but legally speaking what can he actually do. Can he even sue me, since I'm 17 and live in a different country? And is it likely that he would be successful, since we never made any form of contract?\n\n\nAny help is very appreciated, thanks!\n\n\n","text_label":"civil-law","title":"Client demanding refund"} {"Id":9360,"PostTypeId":1,"CreationDate":"2016-05-20T06:44:32.640","Score":4,"ViewCount":409.0,"LastActivityDate":"2016-05-26T14:55:27.667","AnswerCount":3.0,"CommentCount":3,"ContentLicense":"CC BY-SA 3.0","body":"Lot of companies in the world use Java including the company I work for. AFAIK there is no licensing deal and we use most of the Java packages for which Oracle sued Google. So can Oracle sue any company which is using Java and making profit? If not, then why only Google is being targeted?\n\n\n","text_label":"licensing","title":"Oracle vs Google: Can Oracle sue any company who is using Java and making profit?"} {"Id":7619,"PostTypeId":1,"CreationDate":"2016-03-07T00:55:53.517","Score":1,"ViewCount":81.0,"LastActivityDate":"2016-03-07T01:23:11.770","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I'm just curious if there's ever been any case law on the kind of writs a court can write in reference to the 13th amendment?\n\n\nAs a layperson, it sure seems to me that ordering a company to develop a new piece of code (As opposed to merely handing over existing data), seems to fit my understanding of the term \"involuntary servitude\".\n\n\n","text_label":"constitutional-law","title":"All Writs Act (Apple case) vs the 13th amendment?"} {"Id":9285,"PostTypeId":1,"CreationDate":"2016-05-16T22:20:10.187","Score":2,"ViewCount":1728.0,"LastActivityDate":"2019-01-30T08:21:34.010","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"How can I lay a criminal complaint before the governmental prosecutor according to \u00a7 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?\n\n\nI read the following tweet from Henry B. Poquelin\\*: \"Fakt bleibt, man muss Positionen und Personal der Rechtspopulisten attackieren,weil sie gestrig,intolerant, rechtsau\u00dfen und gef\u00e4hrlich 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 \u00a7111 and \u00a7130 StGB.\n\n\nWell, 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.\n\n\n\\*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.\n\n\n","text_label":"criminal-law","title":"How do I file a criminal complaint in Germany?"} {"Id":49924,"PostTypeId":1,"CreationDate":"2020-03-15T22:59:26.673","Score":0,"ViewCount":100.0,"LastActivityDate":"2020-08-23T19:46:36.353","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Let's give this for an example:\n\n\nBilly lives in Oregon. Somebody said something in a non-logged chat, and Billy wants to prove they said it. He adds a photo to his Google Drive without the person's consent and shares the link in the chat. Is this legal?\n\n\n","text_label":"internet","title":"Are you Legally Allowed to add a Screenshot to Google Drive and Create a Sharing Link for Proof?"} {"Id":3974,"PostTypeId":1,"CreationDate":"2015-09-24T21:40:10.620","Score":4,"ViewCount":3509.0,"LastActivityDate":"2015-09-25T01:33:51.930","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"I run a publicly editable website where users can post up stories a various sort. Some are pretty normal, some are sexual, some are a bit perverted, and recently some have drifted into the pedophilia realm.\n\n\nNo images or videos can be uploaded to this site.\n\n\nAre there any laws that I might be breaking by hosting this content?\n\n\n","text_label":"internet","title":"Are there any laws in the US against pedophilia stories hosted on a website?"} {"Id":23239,"PostTypeId":1,"CreationDate":"2017-10-10T17:55:07.493","Score":0,"ViewCount":154.0,"LastActivityDate":"2017-10-11T15:08:10.667","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"A year ago I started working at a well known company and it turned out to be a lot worse than expected, so I'd like to leave ASAP since I already made plans for the future. As part of employment I was also given some money for relocation and other expenses. \n\n\nFor it, there is a sentence in my contract (last part shortened):\n\n\n\n> \n> In the event that you choose to leave the company within 12 months of the start of your job responsibilities (start date for new hires or internal transfer date), all relocation cash allowances and money ... must be paid back.\n> \n> \n> \n\n\nMy question (it might be more of an English than law related), but does within 12 months mean if:\n\n\n1. The date when I stop working (my last work day) is within those 12 months,\n2. I make a decision within first 12 months (officially give my resignation in first 12 months, even if then by notice period obligation I still work 13th month),\n3. Something else :)?\n\n\nThanks!\n\n\n","text_label":"employment","title":"Paying back relocation money and resignation"} {"Id":30739,"PostTypeId":1,"CreationDate":"2018-08-05T14:16:30.017","Score":14,"ViewCount":20541.0,"LastActivityDate":"2018-08-06T23:01:59.430","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"We use the localStorage API to store information about the login data to keep the user logged in through various sessions (we do not store personal information), furthermore the localStorage data is not accessible by third-parties.\n\n\nShould we show the banner asking for permission to use cookies (the legislation requires to use the name cookie also for similar technologies) anyway? \n\n\n","text_label":"privacy","title":"Do the GDPR and Cookie-Law regulations apply to localStorage?"} {"Id":15837,"PostTypeId":1,"CreationDate":"2016-12-15T14:03:10.433","Score":0,"ViewCount":43.0,"LastActivityDate":"2016-12-15T19:45:36.860","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"In a small business we have people who make orders over the phone (commonly known as card not present). Common practice is to directly input the details into the machine as the customer reads them out. \n\n\nOne of the chaps in the office is adamant that, they read out the details and I write them down and not input them in the machine, once the customer is done telling me the details I say that I will call them back with payment confirmation.\n\n\nI would then in my own time input the details into the card machine and process the payment and if all goes through, I would shred the paper immediatly and notify the customer.\n\n\nI don't feel comfortable writing the details down, I've told this chap many times. Is there a legal way I could tell him so he won't pressure me to do this in the future?\n\n\n","text_label":"privacy","title":"Is it legal to retain customer card details when making transactions over the phone (UK)?"} {"Id":41138,"PostTypeId":1,"CreationDate":"2019-05-17T16:26:28.083","Score":1,"ViewCount":187.0,"LastActivityDate":"2019-05-18T00:59:45.153","AnswerCount":3.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"A [recent answer](https:\/\/law.stackexchange.com\/a\/41091\/104) had this law quote\n\n\n\n> \n> shall not be liable for damages in any action brought in a Federal or State court\n> \n> \n> \n\n\nand this explanation\n\n\n\n> \n> they cannot be sued over their actions\n> \n> \n> \n\n\nI posted a comment\n\n\n\n> \n> This statement is not accurate \"they cannot be sued over their actions\" they can be sued, anyone can be sued for anything in the US, per the law they can not be found \"liable for damage\" not the same thing.\n> \n> \n> \n\n\nThen I went looking for reference that supports my comment, and did not find one. \n\n\nCan I be sued if if the law says I am not liable? \n\n\n","text_label":"civil-law","title":"Can I be sued if if the law says I am not liable?"} {"Id":23486,"PostTypeId":1,"CreationDate":"2017-10-22T16:51:14.657","Score":0,"ViewCount":27.0,"LastActivityDate":"2017-10-22T22:13:02.570","AnswerCount":1.0,"CommentCount":4,"ContentLicense":"CC BY-SA 3.0","body":"what is the protection requirement of Title VII of 1991 the plaintiff must follow to successfully file an action? \nI already included the time limit .\n\n\n","text_label":"civil-law","title":"Title VII of 1991"} {"Id":56841,"PostTypeId":1,"CreationDate":"2020-10-02T19:45:48.997","Score":0,"ViewCount":48.0,"LastActivityDate":"2020-10-02T22:19:50.710","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"In New Hampshire law, RSA 631:4 makes \"Criminal Threatening\" a crime. The law begins:\n\n\n\n> \n> A person is guilty of criminal threatening when: (a) By physical\n> conduct, the person purposely places or attempts to place another in\n> fear of imminent bodily injury or physical contact; or ... (etc)\n> \n> \n> \n\n\nThis seems like kind of sweeping statement. By comparison the Massachusetts statute (275 Section 2) specifically says that for an act to be criminal threatening, the action threatened *must be a crime*. The New Hampshire does not say this at all. In fact, simply threatening to \"place another in fear of imminent...physical contact\" is a crime. So, by that standard every high school linebacker would be a criminal because they put the fear of \"imminent physical contact\" into their opponents.\n\n\nAlso, we can think of many other situations where people are put into \"fear of bodily injury\" or \"contact\". Without the constraint that the contact would be unlawful, the law seems to be absurdly open ended.\n\n\nSo, assuming that the law is defective, is there any remedy for this in court? Can a defendant argue that a law is invalid because it is defective?\n\n\n","text_label":"criminal-law","title":"Is the New Hampshire version of a criminal threatening law defective?"} {"Id":23897,"PostTypeId":1,"CreationDate":"2017-11-08T06:50:32.230","Score":4,"ViewCount":1147.0,"LastActivityDate":"2019-06-29T05:03:06.923","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"I read this slightly [bizarre article](http:\/\/www.abc17news.com\/news\/two-convicted-felons-charged-after-touching-gun-in-gun-store\/653184772) that says two convicted felons were charged after touching guns in a gun store. \n\n\nAlthough the article is unclear on the meaning of touching, I'm going to assume the men had physically held the gun in hand. That of course is clearly a violation broken, nothing to see here, move along type deal. They also had a third person essentially buy a gun for them. I guess they get an A for effort on trying to be smooth. \n\n\nIt is not a smart idea of them to be in a place that sells weapons to begin with, but it made me wonder about a few things. Is it illegal for a convicted felon to enter a gun store, a gun show, or have some proximity restriction involving guns that they are knowingly aware of? My only real guess is some may be given strict rules based on their probation, being released on bond, constraints of their conviction, etc.\n\n\nIf a felon did touch a gun, say with their pointer finger, is that enough to be considered in possession of a gun, or having control of the gun? \n\n\nFor the record, I'm by no means questioning what the police did in this case. The article is worded very poorly, and simply produced a few possible \"grey area\" questions. \n\n\n","text_label":"criminal-law","title":"Convicted Felon - Touching a gun?"} {"Id":47694,"PostTypeId":1,"CreationDate":"2019-12-23T22:22:54.990","Score":0,"ViewCount":61.0,"LastActivityDate":"2019-12-23T22:27:30.753","AnswerCount":0.0,"CommentCount":4,"ContentLicense":"CC BY-SA 4.0","body":"Dear Law StackExchange community,\n\n\nI'm attempting to get chat history removed with another party dating back a long time ago. I don't want the chats to remain existent on any device whatsoever, so I would like to have them removed based on the GDPR.\n\n\nIs Facebook\/WhatsApp legally obligated to remove the chat history on every client (device)? It's a 1 on 1 chat so not a group chat. \n\n\nAnd yeah, I live in the EU. \n\n\nEdit: I know backups or any sort of restoration can't be removed, but I am talking cloud synced data, viewing chat on the app, etc. \n\n\nThanks in advance.\n\n\n","text_label":"privacy","title":"Is WhatsApp legally obligated to remove my chat on every device, based on the GDPR?"} {"Id":27817,"PostTypeId":1,"CreationDate":"2018-04-20T01:39:12.957","Score":2,"ViewCount":108.0,"LastActivityDate":"2018-04-20T21:05:00.833","AnswerCount":3.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"Scenario: I shop at a local retail store. While I am there, I notice that store staff have printed out and placed a long list of cleartext credentials for major internal and external business systems, in plain view of customers.\n\n\nQuestion 1:\nIf I take a photo of this list, redact the business name\/brand, all passwords and any personally identifiable usernames (or usernames that identify the business), am I opening myself upto a lawsuit for posting this on social media to use as an example of poor security practices?\n\n\nThe only thing identifiable from this post would be the type of store and the city that the store resides in (franchise).\nConsider that although I have redacted to the best of my ability, someone may read the post and decide to hunt around the area for a store that matches the photos, then find the list and act on it with malicious intent. \n\n\nQuestion 2:\nIf I do post this list on social media with the aforementioned items redacted, am I legally required to notify the business first in order to give them a chance to take the list down? \n\n\n","text_label":"civil-law","title":"Am I required\/permitted to disclose a security risk at a company I do not work for?"} {"Id":46378,"PostTypeId":1,"CreationDate":"2019-11-12T12:41:22.593","Score":0,"ViewCount":38.0,"LastActivityDate":"2019-11-12T17:54:16.147","AnswerCount":0.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"I want to use some of the information from one website, but that website has a copyright. The source of the information is under Open Government License\"\n\n\nI have a few questions regarding the licence \n\"Life in the United Kingdom: A Guide for New Residents (ISBN 978-0-11-341340-9)\"\n\n\n**That website has a policy:**\n\n\n\"All chapters from the study materials are crown copyright and have been reproduced from the government publication Life in the United Kingdom: A Guide for New Residents (ISBN 978-0-11-341340-9). This material has been reproduced with the permission of The National Archives under the Open Government License.\"\n\n\nOpen government licence\n\n\n\nDoes it mean that all the information that has been \"reproduced\" from books follow their copyright? \n\n\nCan you copyright reproduced information by open government licence?\n\n\nI just want to know can I use the information from that website and just mention Open Government License and \"Life in the United Kingdom: A Guide for New Residents (ISBN 978-0-11-341340-9)\"'\n\n\nThank you very much for the information.\n\n\n","text_label":"copyright","title":"Can you copyright reproduced information by open government licence?"} {"Id":4010,"PostTypeId":1,"CreationDate":"2015-09-26T03:05:24.947","Score":3,"ViewCount":84.0,"LastActivityDate":"2015-09-26T13:27:52.210","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"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.\n\n\n","text_label":"copyright","title":"Can I use a mangaka's work as my tumblr blog icon\/background?"} {"Id":58673,"PostTypeId":1,"CreationDate":"2020-11-27T11:28:31.327","Score":1,"ViewCount":80.0,"LastActivityDate":"2020-11-27T13:20:58.823","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Im under the Indian jurisprudence and this is what the Indian Information Act of 2000\/66F says on the matter,\n\n\n\n> \n> Indian Information Act 2000\/66F\n> \n> \n> \n\n\n\n> \n> Punishment for cyber terrorism.\u2013 Whoever,\u2013 with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people by\u2013\n> \n> \n> \n\n\n\n> \n> (i) denying or cause the denial of access to any person authorised to access computer resource; or\n> \n> \n> \n\n\n\n> \n> (ii) attempting to penetrate or access a computer resource without authorisation or exceeding authorised access; or\n> \n> \n> \n\n\n\n> \n> (iii) introducing or causing to introduce any computer contaminant,\n> \n> \n> \n\n\nSince the administrator of the API has authorised only a certain number of API calls for a network, can it be construed as a violation of 66F clause 2 if we try to circumvent the rate limit even though the information is on public domain?\n\n\n","text_label":"internet","title":"Is using proxies to circumvent rate limit to scrape data legal?"} {"Id":19551,"PostTypeId":1,"CreationDate":"2017-06-12T22:48:51.757","Score":-1,"ViewCount":46.0,"LastActivityDate":"2017-06-13T02:58:43.967","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Are there any legal ramifications to an employee reading the direct messages of another employee, whether the reading employee is logging in with another users credentials or not (reading over the shoulder, etc), especially then acting on the information included in those messages?\n\n\n","text_label":"internet","title":"Legality of reading others direct messages"} {"Id":49047,"PostTypeId":1,"CreationDate":"2020-02-13T01:40:41.527","Score":1,"ViewCount":34.0,"LastActivityDate":"2020-02-13T01:40:41.527","AnswerCount":0.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Theoretical: I wish to import and sell wall chargers in the USA. \n\n\nI realize it is a good idea to get a safety certificate that signifies my product meets national safety standards to avoid being sued.\n\n\nHowever, my question is whether it is legal to sell them without a safety certificate (ETL, UL, etc).\n\n\n","text_label":"business","title":"Is ETL or UL necessary to retail AC chargers?"} {"Id":38058,"PostTypeId":1,"CreationDate":"2019-03-12T15:44:29.260","Score":2,"ViewCount":96.0,"LastActivityDate":"2019-03-12T16:24:32.127","AnswerCount":1.0,"CommentCount":4,"ContentLicense":"CC BY-SA 4.0","body":"My ex sent me a check for part of health insurance for children. After it did not come, over 2 weeks, I reached out and told him I had not received the check. He went to the post office, the mail clerks let him go through my mail and take a picture of the envelop that came from him. It was conveniently on top of the pile, so he obviously went through it. Sent it to me and told me it was at the post office. Number 1, why was that not put in my box\nNumber 2 - why is anyone going through my mail\nNumber 3 - letting him take a photo? That's not right. \n\n\n","text_label":"criminal-law","title":"Photographing my mail and giving to my ex"} {"Id":817,"PostTypeId":1,"CreationDate":"2015-06-28T20:49:59.793","Score":7,"ViewCount":174.0,"LastActivityDate":"2015-08-23T21:08:14.897","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"In copyright case law, what roles do *process* versus *output* play in determining infringement via creation of a similar work. By *process* I mean, \"How much access did the creator of the new work have to the putative base work?\" By *output* I mean, \"How similar, textually, is the new work to the older work?\"\n\n\nI am primarily curious about the USA.\n\n\n","text_label":"copyright","title":"What considerations determine copyright infringement?"} {"Id":53223,"PostTypeId":1,"CreationDate":"2020-07-14T14:50:58.520","Score":0,"ViewCount":51.0,"LastActivityDate":"2020-08-13T17:04:20.420","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I've got a wordmark in an EU country, which is the name of my company. Someone else applied a logo as a figurative mark which contains their company name, in another EU country. Their company name is exactly the same as mine.\n\n\nBoth marks are national trademarks.\nBoth companies have exactly the same activities.\nThey applied for 3 of the same classes and one other.\n\n\nI've spend hours on euipo to find an answer but wasn't able to find it.\nCan I oppose their trademark even though mine and theirs are only national trademarks?\n\n\n","text_label":"trademark","title":"Can the owner of a national trademark oppose the application of a trademark in another country when both are in the EU?"} {"Id":14186,"PostTypeId":1,"CreationDate":"2016-09-24T02:10:43.050","Score":0,"ViewCount":126.0,"LastActivityDate":"2017-05-26T23:29:27.973","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Is it legal to use someone else's modeling techniques and\/or art style?\n\n\nSpecifically I'm talking about a popular MMD modeler known as TDA, to create his characters he uses big eyelashes, colorful textures, etc, I create a model of my own using the same techniques, art style and similar proportions but I used those to create my own character, it is not an edit since I made it using blender yet I'm worried because I don't know how copyright works in this situation.\n\n\nA few examples of things that look similar in my model are:\n\n\n* the eyes (I used exactly the same mesh here since the effect it creates adds more depth).\n* the highlights on the eyes (not the same mesh yet same technique of separate materials from the eyes).\n* the ears (placed proportionally exactly at the same place where the tda model ears are, meaning that the distance between the eyes and ears is exactly the same).\n* the textures on the face and body are similar but I painted them using a softer style (the shadows are proportionally in the same place).\n\n\nEverything else from the face to the hair, body and animations is my original character.\n\n\nI can include pictures of both the tda model I'm using as reference and my model if needed.\n\n\n","text_label":"copyright","title":"Copyright question on character model techniques and style"} {"Id":8624,"PostTypeId":1,"CreationDate":"2016-04-18T08:03:17.057","Score":0,"ViewCount":1916.0,"LastActivityDate":"2016-04-18T23:10:44.287","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I have seen an book [Chemistry Essential for Dummies](http:\/\/images.pcmac.org\/Uploads\/JeffersonCountySchools\/JeffersonCountySchools\/Departments\/DocumentsSubCategories\/Documents\/Chemistry%20Essentials%20-%20The%20Most%20Basic%20Guide.pdf) on web which says that\n\n\n\n> \n> No part of this publication may be reproduced, stored in a retrieval system or transmitted in any \n> form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, \n> except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act\n> \n> \n> \n\n\nIs it legal to download this book under the sections 107 or 108 of the [Copyright Law](http:\/\/www.copyright.gov\/title17\/92chap1.html)?.I couldn't understand the sections since it's too lengthy and hard to interpret.Could anyone explain it in simple words. \n\n\n","text_label":"copyright","title":"Section 107 and 108 of the 1976 United States Copyright Act"} {"Id":7409,"PostTypeId":1,"CreationDate":"2016-02-27T02:34:25.273","Score":0,"ViewCount":96.0,"LastActivityDate":"2016-02-27T03:52:21.730","AnswerCount":1.0,"CommentCount":5,"ContentLicense":"CC BY-SA 3.0","body":"Today I was leaving a large commercial building (~15 stories) and walked straight into the glass surrounding a revolving door, thinking that the opening was not so narrow. \n\n\nI went to the security desk and asked to use the bathroom to clean myself up. The person I talked to gave me some bandages and let me use the bathroom to clean the blood off my face. Another security guard then took down my phone number, email, name, and asked for an ID. Why did they take this info down? Are they going to contact me?\n\n\n","text_label":"liability","title":"I hit my head leaving a large commercial building and the security guards asked for my ID, phone number, and email - why?"} {"Id":45640,"PostTypeId":1,"CreationDate":"2019-10-18T17:23:05.127","Score":-3,"ViewCount":120.0,"LastActivityDate":"2019-10-19T11:10:50.690","AnswerCount":1.0,"CommentCount":6,"ContentLicense":"CC BY-SA 4.0","body":"I applied for a position as an independent contractor with a well-known tutoring company. Using their platform would have been an excellent opportunity for me.\n\n\nUnfortunately, my application was denied without any reasonable explanation or additional details on their part. I'm a highly qualified ACT tutor who scored in the 99th percentile in every subject area on the exam. I have experience with another nationally recognized tutoring company and received excellent reviews on their platform. I submitted a thorough and engaging profile and know I could have helped dozens of students succeed on this life-changing test.\n\n\nHowever, I can provide countless examples of approved pages on their site with typos, blatant grammatical errors, and lack of detail. The grammatical errors are particularly disturbing considering these tutors are supposed to be experts in the conventions of standard English. I can find no reasonable explanation as to why my profile was denied and these were approved other than negligence on the part of their content review team. I believe I'm being discriminated against and arbitrarily being denied an opportunity to make a living.\n\n\n","text_label":"employment","title":"Can carelessness and lack of consistency in the hiring process be considered a form of discrimination?"} {"Id":16121,"PostTypeId":1,"CreationDate":"2016-12-31T16:48:25.887","Score":3,"ViewCount":153.0,"LastActivityDate":"2016-12-31T18:03:47.093","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I work for a company in the UK and my employment contract states that I must not discuss my salary with colleagues. I know that this is illegal in the USA but cant find any information about in the UK\n\n\nAre there any laws in the UK that relate to this??\n\n\n","text_label":"employment","title":"Employment contract prohibiting salary discussion in the UK?"} {"Id":45198,"PostTypeId":1,"CreationDate":"2019-10-02T15:44:48.113","Score":1,"ViewCount":132.0,"LastActivityDate":"2019-10-02T16:03:06.953","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Normally DVD movies involve a license with rights to the actresses and other people. \n\n\nIn the late 80s a license was heavily protected mostly by stakeholders like Brazzers. So I bought a porn movie for $22.99 can i now sell it for $3?\n\n\n","text_label":"copyright","title":"Selling old DVD-burned porno movies for less"} {"Id":24508,"PostTypeId":1,"CreationDate":"2017-12-01T19:11:15.717","Score":0,"ViewCount":102.0,"LastActivityDate":"2018-12-13T01:32:27.980","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"In a recent [article](https:\/\/www.theguardian.com\/us-news\/2017\/dec\/01\/trumps-ex-national-security-adviser-michael-flynn-charged-with-lying-to-fbi) in the Guardian:\n\n\n\n> \n> After months of silence and invisibility, Flynn walked into a federal courthouse in Washington DC on Friday morning and pleaded guilty to one count of lying to the FBI. The plea was part of a larger deal with special counsel Robert Mueller\u2019s team, and strikes at the heart of the Trump White House.\n> \n> \n> \n\n\nWhat are the possible penalities that Flynn could face? One article in New York Times mentioned a punitive five years in prison. Presumably a plea bargain reduces the maximum number of years he could face behind bars. Is there any other precedent that could give us some idea of what he might be facing in this situation - or is this situation entirely unprecedented?\n\n\nThe Guardian does mention:\n\n\n\n> \n> He faces a possible sentence of up to six months in prison in his guilty plea to the false statements charge.\n> \n> \n> \n\n\nHow accurate is this assessment, or do we just have to wait and see?\n\n\n","text_label":"constitutional-law","title":"What are the possible punitive actions that Michael Flynn faces as he pleads guilty to one charge of lying to the FBI?"} {"Id":52555,"PostTypeId":1,"CreationDate":"2020-06-20T18:16:13.983","Score":0,"ViewCount":58.0,"LastActivityDate":"2020-06-20T19:08:34.530","AnswerCount":1.0,"CommentCount":4,"ContentLicense":"CC BY-SA 4.0","body":"A museum has a very famous painting that is familiar to people across America. However, the museum says it owns the copyright, and you can't display pictures of the painting without paying a fee.\n\n\nBut someone takes a photograph of the painting and makes it available on Flickr with a Creative Commons license that allows commercial use.\n\n\nCan the photo of the picture be used commercially? Or is this photographer in violation of the law?\n\n\n","text_label":"copyright","title":"Copyright status of photo of copyrighted painting"} {"Id":26821,"PostTypeId":1,"CreationDate":"2018-03-13T01:29:18.537","Score":2,"ViewCount":45.0,"LastActivityDate":"2018-06-08T05:36:37.070","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I am looking specifically for how the U.S. taxes businesses that originate from another country, but are doing business within the U.S., with or without operations taking place at a permanent address in the U.S. The source for this information should preferably be a .gov website. \n\n\n","text_label":"tax-law","title":"How are businesses based outside, but doing business inside of the US taxed?"} {"Id":38724,"PostTypeId":1,"CreationDate":"2019-04-02T23:20:05.157","Score":3,"ViewCount":194.0,"LastActivityDate":"2019-04-04T15:09:46.447","AnswerCount":3.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"The book is *On growth and forms* by D'arcy Thompson. It was published in 1942 and Thompson died in 1948. Wikipedia uses the image citing public domain. Can I use extracts and images from the book with proper citation without the problem?\n\n\nThe image I want is Fig. 125 on [this page.](https:\/\/archive.org\/details\/ongrowthform1917thom\/page\/322)\n\n\nThe book is also available in archive.org and I think it should be in public domain. \n\n\nThe image itself has a caption and in bracket says `(After Rhumbler)`, I am not sure if it is by Thompson himself. Rhumbler would be Ludwig Rhumbler who died in 1939. So it should still be in the public domain as far as I get it. \n\nde.wikipedia.org\/wiki\/Ludwig\\_Rhumbler\n\n\nDo I need a copyright license for the image or it is in the public domain and I could use it without one?\n\n\nI am in Germany and my thesis will be published in Germany.\n\n\n","text_label":"copyright","title":"Do I need permission to use an image from a book from 1942?"} {"Id":44249,"PostTypeId":1,"CreationDate":"2019-08-29T21:05:49.473","Score":4,"ViewCount":167.0,"LastActivityDate":"2019-08-31T14:40:21.183","AnswerCount":3.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"As it stands the UK implements an EU law which prevents the reverse engineering of proprietary software with few exceptions, could this change once we leave the EU?\n\n\n","text_label":"intellectual-property","title":"If a no-deal Brexit happens will EU provisions on reverse engineering be nullified?"} {"Id":51396,"PostTypeId":1,"CreationDate":"2020-05-10T03:25:26.927","Score":-1,"ViewCount":73.0,"LastActivityDate":"2020-05-10T11:07:35.713","AnswerCount":1.0,"CommentCount":6,"ContentLicense":"CC BY-SA 4.0","body":"I have A bill of sale signed by me(buyer) and grandfather(seller) it is a document I printed with terms that I was purchasing farm equipment as is in the current condition with equipment model and serial numbers on it. We both signed and put are current address on the bill of sale. Now 6 years later he is diagnosed with dementia and my father and uncle who were never involved with the farm are taking and trying to sell my equipment and don\u2019t want to believe in the bill of sale. What do I do?\n\n\n","text_label":"contract-law","title":"Family won\u2019t let me have farm equipment I have a Bill of sale on"} {"Id":16908,"PostTypeId":1,"CreationDate":"2017-02-04T13:34:13.210","Score":0,"ViewCount":55.0,"LastActivityDate":"2017-02-05T00:06:24.797","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"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?\n\n\n* Is it the Company itself,\n* The software developers in case they had some sort of security software they where using and it did not play its role,\n* Or the customers for not being careful with their private information.\n\n\n","text_label":"liability","title":"Who is liable in case of a cybersecurity breach?"} {"Id":31649,"PostTypeId":1,"CreationDate":"2018-09-11T09:53:47.390","Score":-2,"ViewCount":160.0,"LastActivityDate":"2021-02-07T00:10:44.523","AnswerCount":1.0,"CommentCount":12,"ContentLicense":"CC BY-SA 4.0","body":"I am making a software which would do gridcomputing (i.e combine many computers processes to speed up a Function\/App\/Computer) I would post it online like a virus and spread to computers. This software will not take any of data. Delete it. Use it. It will only use a little bit of internet and 10MB of RAM.\n\n\n","text_label":"software","title":"Is it illegal to post a software without permission?"} {"Id":24338,"PostTypeId":1,"CreationDate":"2017-11-23T10:28:58.430","Score":0,"ViewCount":101.0,"LastActivityDate":"2017-11-23T11:19:20.100","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"I have read many articles about GPL because many libraries are using it and I use some of them inside a personal application I made.\n\n\nAfter testing my application I am thinking of making it public.\nIt`s free of charge (freeware) and the problem is that I use a library as an external executable that is run by my application. This external executable is on GPL license but my application is not (and does not use any GPL-licensed library within it).\n\n\nHere are some links I read about the GPL license :\n\n\n[Why the gpl is not free](https:\/\/noordering.wordpress.com\/2009\/01\/20\/why-the-gpl-is-not-free\/)\n\n\n[Are you sure you want to use GPL](http:\/\/lucumr.pocoo.org\/2009\/2\/12\/are-you-sure-you-want-to-use-gpl\/)\n\n\n[Why not to use GPL and any GPL type license !](https:\/\/gist.github.com\/LibCoder\/4997f5d9954c63f6a3ca8920e91e4086)\n\n\nI do understand that anyone who uses a lib under GPL has to make his application open source, but I don`t know if I have to make just the executable that is under GPL license open source or if I have to make my application (which is not under the GPL licence) open source too?\n\n\nAlso I read that if an application is under GPL license you can`t use your own license and terms and conditions. Does this apply only to the GPL exe? or also to my exe which is not GPL?\n\n\n","text_label":"licensing","title":"GPL License guide"} {"Id":17925,"PostTypeId":1,"CreationDate":"2017-03-22T23:36:01.980","Score":1,"ViewCount":247.0,"LastActivityDate":"2017-03-23T02:36:18.390","AnswerCount":1.0,"CommentCount":4,"ContentLicense":"CC BY-SA 3.0","body":"This is a cross-post, originally posted in [Webmasters.Stackexchange.com](https:\/\/webmasters.stackexchange.com\/questions\/104798\/necessity-of-collecting-ssns-for-1099s-re-affiliate-programs?noredirect=1#comment133111_104798) but it was suggested I post here instead:\n\n\nMy question is basically this: I have an idea for a web service that would potentially allow affiliates to earn money. What I'd really hope to avoid is actually having to collect things like their Social Security Numbers, EIN's, etc, let alone any of the other compliance type issues that could arise.\n\n\nI'm wondering a couple of things.\n\n\nFirst: The need to issue 1099's doesn't actually arise until you're paying out $600 or more in a given year. Could I feasibly just let the program run, but only make the requirement of providing an SSN for tax purposes kick in when the affiliate is going to go over the limit? Ie, for the first $550, no SSN checks required, but after that, they need to provide this info to receive additional payments?\n\n\nSecond: If I only make payments through a service like PayPal, who I presume has crossed all the T's and dotted all the I's, does this alleviate my need to do any additional checks on people (not that I even know what checks would be made).\n\n\nThird: Going hand in hand with the only making payments through PayPal idea - If i accurately record payments to affiliates as Services provided, does PayPal take care of 1099's as part of their role? In that I would only have to report payments made to PayPal, and it would be on them to report payments made to the ultimate beneficiary?\n\n\nThis isn't a business that's been launched, but I'm trying to think out issues beforehand, and this is the biggest one I can think of - I would personally rather not have myself or anyone one on my team even be able to access anyone's SSN's, but if it moved forward, I would obviously want to do so in a way that was compliant with the IRS and any other regs.\n\n\nAny thoughts or guidance would be appreciated, unless it's \"contact an Accountant\" - I already know that's the most correct answer, I'm simply wondering if anyone else has gone down this road and can save me a little time and money on this, as this is still just idea phase, not operating business phase.\n\n\nMany thanks!\n\n\n","text_label":"tax-law","title":"necessity of collecting SSN's for 1099's (re Affiliate programs)"} {"Id":52136,"PostTypeId":1,"CreationDate":"2020-06-06T17:58:17.067","Score":-1,"ViewCount":653.0,"LastActivityDate":"2020-06-08T07:23:24.220","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"I am planning on building app\/website where I will display football player names, their teams, and stats about them(goals, assistances, etc..) Is this legal or I need a license. Also I will use profile photos for each player. Can I also use team logos to refer where the players are ?\n\n\nI saw a post that said that facts is not copyrightable, but maybe, I cannot use names of football players teams. Any help or strategy is welcomed\n\n\n","text_label":"copyright","title":"Can I use football player names, team names, stats... in my app\/website?"} {"Id":27108,"PostTypeId":1,"CreationDate":"2018-03-24T23:42:46.063","Score":1,"ViewCount":510.0,"LastActivityDate":"2021-01-24T00:50:26.923","AnswerCount":4.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"About a week ago a girl was shot in a Maryland school. Soon after that, a police officer shot and killed the gunman. The girl was critically injured, and on life support. After a few days, the family decided to take her off life support and she died soon after. Suppose the killer didn't die. What crime would the killer be charged with? The girl has died, but technically she would probably still be alive if her parents didn't take here off life support. I think in some cases, a jury could be convinced that it would be extremely unlikely that a victim would ever regain consciousness. Many would regard this as worse than attempted murder. Do some states have a crime that is appropriate for that situation?\n\n\n","text_label":"criminal-law","title":"Shooting victim taken off life support. What crime would be charged?"} {"Id":74602,"PostTypeId":1,"CreationDate":"2021-11-16T15:29:55.833","Score":0,"ViewCount":31.0,"LastActivityDate":"2021-11-16T16:44:53.340","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"Please answer my question. I am unable to understand what is wrong or what is right. Please guide me in a simple way please follow my title what I am trying to ask.\n\n\n","text_label":"copyright","title":"Can I use youtube transcript data in my blog? Or do I have to make some changes before any blog post?"} {"Id":47550,"PostTypeId":1,"CreationDate":"2019-12-18T17:41:36.493","Score":6,"ViewCount":1951.0,"LastActivityDate":"2019-12-23T20:58:26.323","AnswerCount":1.0,"CommentCount":6,"ContentLicense":"CC BY-SA 4.0","body":"Does California\u2019s [AB5](https:\/\/en.wikipedia.org\/wiki\/California_Assembly_Bill_5_(2019)) affect freelance software developers? If they own their own company (registered as Inc.) then they obviously are not looking to become an employee. They started their company to have autonomy and deliver work as they see fit. Does AB5 force them to no longer own a company and instead become an employee?\n\n\n","text_label":"software","title":"California\u2019s AB5 and freelance software development"} {"Id":56540,"PostTypeId":1,"CreationDate":"2020-09-22T17:14:55.863","Score":0,"ViewCount":54.0,"LastActivityDate":"2021-02-19T18:06:30.670","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"As per title, 50% of the budget for my salary is missing due to an employer-sponsor misunderstanding. The sponsor is giving 0.5 full time expecting that my employer would take care of the rest. On the other hand, my employer was expecting full time budget from this sponsor. My contract does not mention where the budget should come from, but I was CC'ed in an exchange of emails between the employer and the sponsor about this.\n\n\nI am in the USA and my contract is at will (termination with 15-day notice).\n\n\nIf this is not sorted out, it will lead to contract termination. In this case, would I be entitled to make a claim for breach of contract?\n\n\nEDIT: I was hired two months ago, fully budgeted by the sponsor. The budget issue has just come out for the upcoming fiscal year.\n\n\n","text_label":"contract-law","title":"Missing budget due to employer-sponsor misunderstanding: is that breach of contract?"} {"Id":51017,"PostTypeId":1,"CreationDate":"2020-04-26T10:33:32.020","Score":0,"ViewCount":50.0,"LastActivityDate":"2020-04-26T13:12:59.363","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"What does `BY` refer to in the context of this license name please: \n\n\nI'm sure it's something really obvious that I'm missing.\n\n\n","text_label":"copyright","title":"What does the BY in CC BY and CC BY-SA etc mean?"} {"Id":52773,"PostTypeId":1,"CreationDate":"2020-06-27T17:01:49.090","Score":1,"ViewCount":80.0,"LastActivityDate":"2020-06-27T20:31:47.967","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Is it legal to use a name for a company that uses part, or all, of another trademarked name in it?\n\n\nFor example, if I was creating a company that uses Google's software, could I name my company Googley Eyes, LLC? Does the answer depend on whether the name is \"Googley\" vs \"Googly\"?\n\n\nI found [this question](https:\/\/law.stackexchange.com\/questions\/32291\/is-it-legal-to-include-another-company-name-in-your-name-example-is-orbitzmovi) and the answer says\n\n\n\n> \n> Since \"orbitz\" is a coined term its protection is stronger, there is\n> no natural object or concept this can refer to. \"AppleMoving\" is less\n> likely to be confused with \"Apple Computers\" because apples are real\n> things and need not refer to computers.\n> \n> \n> \n\n\nDoes that mean that since googly eyes are a real thing it's more likely to be ok? The key difference from the linked question being that the company would be in the same industry of computer software, as opposed to a totally different industry (computers vs. moving).\n\n\n","text_label":"trademark","title":"Is it legal to use a name for a company that uses part, or all, of another trademarked name in it?"} {"Id":27737,"PostTypeId":1,"CreationDate":"2018-04-17T21:14:30.863","Score":3,"ViewCount":236.0,"LastActivityDate":"2018-04-17T22:36:08.170","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"My boss has moved me onto the payroll for one of his other companies and I am trying to find out if I need a new employment contract.\n\n\nI was employed for a new start-up of his which did not work out and he has since moved me to the payroll for one of his other companies that I had been doing some work for and am now full time.\n\n\nI am in the process of looking for a new flat and have been told I may need to provide a copy of my employment contract so I am trying to pre-empt and get documents together, however, my original contract does not match my current payslips.\n\n\nSecondly, if I do require a new contract. My original contract has the following clause - should I ensure that this clause states that my previous employment counts towards this employment?\n\n\n\n> \n> 1.2. No employment with a previous employer counts as part of your period of continuous employment with the Company.\n> \n> \n> \n\n\n","text_label":"employment","title":"My employer moved me onto a new payroll. Do I need a new employment contract?"} {"Id":10821,"PostTypeId":1,"CreationDate":"2016-06-08T08:29:02.080","Score":0,"ViewCount":132.0,"LastActivityDate":"2016-06-09T00:42:27.253","AnswerCount":1.0,"CommentCount":4,"ContentLicense":"CC BY-SA 3.0","body":"The Tour de France makes it quite difficult to get good map data about their stages. They publish some low-res images (possibly for purchase by media, I'm unsure). There is no modern 'navigable' map, like Google Maps. \n\n\nIf I can see the route on the maps they've published, does making a new map displaying the route infringe a copyright? I understand the image of the maps themselves are copyright, but what about the route path on public roads? \n\n\n","text_label":"copyright","title":"Is it possible for somebody to copyright a route on a map?"} {"Id":33312,"PostTypeId":1,"CreationDate":"2018-11-08T22:14:29.810","Score":1,"ViewCount":220.0,"LastActivityDate":"2018-11-08T22:39:47.867","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"\n\n\nIn this case, some kid bully another. I am not sure if bullying is a crime or not. It seems that some violence is involved. I think we have a crime for that, called battery or something.\n\n\nYet, despite the complain of the mom, nothing was done.\n\n\nSo the mom collect evidences for bullying. \n\n\nAnd she got charged instead.\n\n\nTo me, the result is not \"intuitive\". To me, what should have happened is that the Mom shouldn't even bother doing the recording. She reports to school. School reports to cops. Cops do investigating and do the recording. We have evidence. The bully sent to jail. I think that \"should have been\" what happened. It's not.\n\n\nIt's as if the society as a whole \"approve\" and \"promote\" the bullying by making sure there is no way the bully faced justice. The cops don't get involved. And the only way to get evidence is criminalized.\n\n\nIf I were a DA, and say I want to get elected, I would throw the bully in jail. And if a bully is thrown in jail, then the \"recording\" event wouldn't have happened in the first place.\n\n\nI understand that DA does not have obligation to prosecute any crime. However, repeated battery seems like a reasonably obvious crime. If that's not crime, what is?\n\n\nNow, usually, if people have a few legal options, they pick the one that's the most profitable.\n\n\nWhat \"profit\" does DA have in prosecuting the mom instead of the bullies.\n\n\nAs someone beaten up when I was a kid, I am wondering about this for a long time. Why do society more interested in protecting something I perceive as more trivial, like recording, compared to something far more substantial, like beating.\n\n\n","text_label":"criminal-law","title":"Why did the DA choose to prosecute the mother instead of the bully?"} {"Id":26545,"PostTypeId":1,"CreationDate":"2018-03-04T14:18:19.320","Score":1,"ViewCount":1211.0,"LastActivityDate":"2020-10-16T16:50:53.647","AnswerCount":3.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"Can two companies that are offering the same services in Benelux have similar company names?\n\n\nBoth company names have been registered with www.BOIP.\n\n\n","text_label":"trademark","title":"Can two companies have names that are similar in EU?"} {"Id":74270,"PostTypeId":1,"CreationDate":"2021-11-05T14:45:36.523","Score":1,"ViewCount":80.0,"LastActivityDate":"2021-11-05T19:49:19.900","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Suppose that an artist wants to sell arts\/paintings on sites like Etsy. Suppose that the intended paintings are stylized paintings of popular celebs.\n\n\nWould doing so be an infringement of copyright? What legal issues might be involved?\n\n\n","text_label":"copyright","title":"Is making and selling paintings of celebrities copyright infringement?"} {"Id":63900,"PostTypeId":1,"CreationDate":"2021-04-07T22:39:24.163","Score":2,"ViewCount":200.0,"LastActivityDate":"2021-04-08T21:49:58.267","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I'm writing an article about the misuse of statistics in the courtroom. Of course one can not have this conversation without mentioning of the so-called \"[Prosecutor's fallacy](https:\/\/en.wikipedia.org\/wiki\/Prosecutor%27s_fallacy)\". Most of the examples of this date back to the late-90s\/early 2000s e.g Sally Clark, Angela Cannings etc.\n\n\nThe fallacy involves statistical reasoning in court cases. Basically, it is the error of assuming that the odds of a false positive are the odds of the defendant's guilt. So when the expert witness declares that the DNA test is 99.9% accurate, the prosecution tells the jury this means there is only 0.1% chance that the defendant is innocent.\n\n\nMy question is has anything actually been done to address the issue of prosecutors and unqualified expert witnesses giving misleading statistics in the courtroom? Or have lawyers more or less learned their lesson from these instances and are more careful about it now?\n\n\nMoreover, does anyone know of any other general practises that have been implemented to help prevent faulty scientific analysis from being presented in court?\n\n\n(I'm asking mainly about the English legal system, however please feel free to present anything relevant about the American system or any other).\n\n\n","text_label":"criminal-law","title":"Is the prosecutor's fallacy still an issue in cases today?"} {"Id":33712,"PostTypeId":1,"CreationDate":"2018-11-21T18:43:30.230","Score":3,"ViewCount":405.0,"LastActivityDate":"2018-11-26T17:44:43.470","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"In the following, all parties live and all actions are taken entirely within the United States.\n\n\n\n> \n> Let us say that a person (Bob) has purchased a book from the book\n> store. Bob likes the book enough to give one or more copies to\n> friends. Bob does not want to part with his own copy, and Bob does not\n> want to pay more than he already has, so Bob photocopies the book and\n> gives the copy to Sue.\n> \n> \n> Sue knows that the copy she is receiving is a copied book that Bob made for her and that\n> copying an entire book is a copyright violation in the United States.\n> Still, Sue accepts the book, reads it, and enjoys it enough that she\n> passes it along to Alice.\n> \n> \n> Alice knows that the copy she is receiving is a copied book and that\n> copying an entire book is a copyright violation in the United States, though she is not aware of its origins.\n> Still, Alice accepts the book, reads it, and enjoys it.\n> \n> \n> \n\n\nIn doing my research, I can easily see that Bob has violated the copyright. In trying to figure out whether Sue or Alice are also in violation, all the material I am finding is focusing entirely on the act of reproducing the work or of giving it away. I am having difficulty finding anything about receiving such a copied work.\n\n\nI understand that Sue and Alice could possibly be held accountable for being complicit if they requested the book, especially if Bob copied the book as a direct consequence of such a request. For the purposes of this question, I would like to ignore the \"complicit in Bob's copying\" aspect of this situation.\n\n\n**Is accepting the book a violation of anything (except being complicit, as mentioned above)? Especially, does is it a violation of copyright?** Does the answer change at all between Sue and Alice since Alice can see the book is copied, knows Sue herself did not copy it, but knows nothing of its origins?\n\n\nSince the receivers of copies are rarely targeted by the copyright holders (or publishers) and generally the illegal distributors are targeted instead, I realize that this may not have been pressed in court, and maybe never will be. If that is the case, \"There is no precedent.\" could be an acceptable answer, and it would explain why I cannot find an answer. However, I expect that there are at least some cases where a precedent of some sort was set and that they are merely being drowned out by all the other information.\n\n\n","text_label":"copyright","title":"Is it unlawful to receive a photocopied book?"} {"Id":47788,"PostTypeId":1,"CreationDate":"2019-12-29T02:03:59.257","Score":1,"ViewCount":137.0,"LastActivityDate":"2020-01-08T18:44:45.097","AnswerCount":2.0,"CommentCount":9,"ContentLicense":"CC BY-SA 4.0","body":"Isn't all fraud technically criminal, and whatever you can sue for civil fraud could also be sued by the government as criminal fraud? Is it just a matter of whatever the government decides to prosecute?\n\n\nWhat I am asking is, isn't all fraud illegal? Regardless of whether it is prosecuted or who.\n\n\nJust answering the definition of civil vs criminal fraud doesn't answer the question.\n\n\n","text_label":"criminal-law","title":"Isn't all fraud criminal?"} {"Id":51335,"PostTypeId":1,"CreationDate":"2020-05-07T11:53:22.387","Score":-3,"ViewCount":192.0,"LastActivityDate":"2020-05-08T09:05:09.110","AnswerCount":2.0,"CommentCount":5,"ContentLicense":"CC BY-SA 4.0","body":"I am in the process of creating an online version of a popular board game. The rules of the game are taken from a version in a particular language.\n\n\nThe game would be completely free to play and all of the graphical components were produced independently (although very similar to the original ones).\n\n\nThe name of my game is different from the trademarked name, but the game rules are almost identical to the original board game.\n\n\nIs this legal? What are the risks I would incur if I decide to make it publicly available?\n\n\n\n\n---\n\n\n**Note:** This question si diffent from \"[Does reproducing a board game as a video game violate copyright?](https:\/\/law.stackexchange.com\/questions\/8687\/does-reproducing-a-board-game-as-a-video-game-violate-copyright?noredirect=1&lq=1)\" since it is specific to the game of Risk.\nMoreover, it explicitely asks about the legal consequences arising from distributing such an online game.\n\n\n","text_label":"copyright","title":"Online version of the \"Risk\" board game"} {"Id":41567,"PostTypeId":1,"CreationDate":"2019-05-30T06:40:45.563","Score":2,"ViewCount":88.0,"LastActivityDate":"2019-05-30T22:40:38.143","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"I have made a scoring calculator in Excel from a copyright protected test\/questionnaire that have 12 items with respective scores. In my Excel application I have included the names of the test items, e.g. 1) Depression, 2) Anxiety 3) Psychosis etc. All respective items are scored 0-3 points, I have created a simple summing of the items 1-12 in Excel. My question - is this a violation of copyright? Can I distribute this to colleagues or other physicians? The owner of the tests says no. Does copyright protection extend this far?\n\n\n","text_label":"copyright","title":"Is it legal to create scoring program in Excel of a copyright protected questionnaire?"} {"Id":75294,"PostTypeId":1,"CreationDate":"2021-12-14T00:22:32.343","Score":2,"ViewCount":98.0,"LastActivityDate":"2021-12-14T02:21:23.963","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I've seen several fictional situations where a District Attorney agrees to not prosecute various crimes committed by a kidnapper while conducting hostage negotiations.\n\n\nWould an agreement made by a DA in furtherance of obtaining the safe release of hostages be enforceable?\n\n\n","text_label":"criminal-law","title":"Is the DA bound by agreements made during hostage negotiations?"} {"Id":13342,"PostTypeId":1,"CreationDate":"2016-08-13T15:49:22.097","Score":4,"ViewCount":339.0,"LastActivityDate":"2016-08-13T16:22:54.197","AnswerCount":1.0,"CommentCount":5,"ContentLicense":"CC BY-SA 3.0","body":"Am I allowed to lowercase an ALL CAPS section in a license?\n\n\nExample:\n\n\n\n> \n> The MIT License (MIT)\n> \n> \n> Copyright (c) 2015 Andrej Karpathy\n> \n> \n> Permission is hereby granted, free of charge, to any person obtaining\n> a copy of this software and associated documentation files (the\n> \"Software\"), to deal in the Software without restriction, including\n> without limitation the rights to use, copy, modify, merge, publish,\n> distribute, sublicense, and\/or sell copies of the Software, and to\n> permit persons to whom the Software is furnished to do so, subject to\n> the following conditions:\n> \n> \n> The above copyright notice and this permission notice shall be\n> included in all copies or substantial portions of the Software.\n> \n> \n> THE SOFTWARE IS PROVIDED \"AS IS\", WITHOUT WARRANTY OF ANY KIND,\n> EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF\n> MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.\n> IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY\n> CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,\n> TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE\n> SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.\\*\n> \n> \n> \n\n\nI want to lowercase the last paragraph when I redistribute it:\n\n\n\n> \n> The MIT License (MIT)\n> \n> \n> Copyright (c) 2015 Andrej Karpathy\n> \n> \n> Permission is hereby granted, free of charge, to any person obtaining\n> a copy of this software and associated documentation files (the\n> \"Software\"), to deal in the Software without restriction, including\n> without limitation the rights to use, copy, modify, merge, publish,\n> distribute, sublicense, and\/or sell copies of the Software, and to\n> permit persons to whom the Software is furnished to do so, subject to\n> the following conditions:\n> \n> \n> The above copyright notice and this permission notice shall be\n> included in all copies or substantial portions of the Software.\n> \n> \n> The software is provided \"as is\", without warranty of any kind,\n> express or implied, including but not limited to the warranties of\n> merchantability, fitness for a particular purpose and noninfringement.\n> In no event shall the authors or copyright holders be liable for any\n> claim, damages or other liability, whether in an action of contract,\n> tort or otherwise, arising from, out of or in connection with the\n> software or the use or other dealings in the software.\\*\n> \n> \n> \n\n\n","text_label":"licensing","title":"Am I allowed to lowercase an ALL CAPS section in a license?"} {"Id":78927,"PostTypeId":1,"CreationDate":"2022-03-28T22:04:47.900","Score":0,"ViewCount":30.0,"LastActivityDate":"2022-03-28T23:56:20.250","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"I am embarking on a possible EU-funded cooperation project to develop a platform, with other organizations. The development of the code will be shared.\n\n\nI am writing this application with my startup, to create a platform for impact in the cultural field. As such, I have specified to the organizations that the startup will need to own the platform, to attract investments and scale it up in Europe, and ownership is clarified in the EU application.\n\n\nI believe that these kind of approaches are commonly done through research-SME cooperation grants. However, I am unaware of the implications. I believe that any person's work must be paid and acknowledged, so I'd like to ask your advice on what kind of options are before me.\n\n\nSince the coder of a software has copyright over the developed code, can that be acquired after the development of the project? If yes, is there an indicative amount, or somewhere to look for this information?\n\n\nThe other option, would be to give the coders a share in the company. However, it may be that they are not interested in that, and I would not like to find myself at the end of the project with a code that I cannot use, or that cannot attract investors (I am also one of the coders). This question is to understand how to move, without being potentially seen aggressive on the theme with my eventual partners. Any help would be very appreciated.\n\n\n","text_label":"software","title":"Software copyright in a collaboration project for startup development"} {"Id":23682,"PostTypeId":1,"CreationDate":"2017-10-31T02:27:33.200","Score":0,"ViewCount":18.0,"LastActivityDate":"2017-10-31T02:27:33.200","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Is there a comprehensive list of licenses freely available on the web? It should include both copyleft and copyright licenses.\n\n\nA link to the webpage and description would be very helpful.\n\n\n","text_label":"licensing","title":"Is there a comprehensive list of licenses on the web?"} {"Id":42334,"PostTypeId":1,"CreationDate":"2019-06-22T18:46:05.287","Score":2,"ViewCount":112.0,"LastActivityDate":"2019-06-23T01:22:43.960","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"When an image has different copyright licenses, which one should I follow? \nFor example, [this image](https:\/\/commons.wikimedia.org\/wiki\/File:Photo_of_the_Week_-_Seal_pup_at_Back_Bay_National_Wildlife_Refuge,_VA_(5343673024).jpg) is licensed under Creative Commons Attribution 2.0 and in public domain.\n\n\nUnder CC2.0, the author should be attributed while under public domain, the attribution is not required. I don't know why the same image has two conflicting licenses and is it legal to use the image as public domain?\n\n\n","text_label":"copyright","title":"Two copyright for the same image"} {"Id":11372,"PostTypeId":1,"CreationDate":"2016-07-04T14:24:55.563","Score":0,"ViewCount":116.0,"LastActivityDate":"2016-07-04T18:56:59.473","AnswerCount":1.0,"CommentCount":11,"ContentLicense":"CC BY-SA 3.0","body":"Both the original (Roy Orbison) version and the Two Live Crew version began, [\"Pretty woman walking down the street...\"](https:\/\/en.wikipedia.org\/wiki\/Campbell_v._Acuff-Rose_Music,_Inc.) Was this seen as copying under the \"five word\" plagiarism rule?\n\n\nAccording to the Supreme Court, the Two Live Crew version veered sharply away from the original, to the point of being \"opposite.\" That is, the original celebrated a white woman, while the Two Live Crew version mocked a black woman. Was this what made it was parody, and after the appeals court decision was overturned, could therefore possibly make it fair use?\n\n\nIn the end, there was a settlement, under which Acuff-Rose, the owner of the original, received no damages, but did receive licensing fees. Two Live Crew had earlier sought (and been refused) such a licensing arrangement, meaning that it got to its starting point. Apparently this was an equitable result given the hazards of further litigation. But was it possible that Two Live Crew could have performed its version \"for free\" if the appeals court had later found that \"parody\" made it fair use?\n\n\n","text_label":"copyright","title":"Explanation of the key elements of the Supreme Court \"Pretty Woman\" Parody Case?"} {"Id":29485,"PostTypeId":1,"CreationDate":"2018-06-13T19:58:53.570","Score":0,"ViewCount":48.0,"LastActivityDate":"2018-06-13T21:23:21.313","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I\u2019ve already signed documents related to a house closing ( im the seller). I\u2019ve deposited and spent most of the check. The realtor called me and said they wrote the wrong amount for the realtor commission. Now they want me to write a check to correct their error. Is it as simple as writing a check or will the contract have to be redone? Do I have to repay the money if the contract is already signed?\n\n\n","text_label":"contract","title":"House Contract law"} {"Id":572,"PostTypeId":1,"CreationDate":"2015-06-14T19:24:31.130","Score":1,"ViewCount":1096.0,"LastActivityDate":"2020-06-25T16:43:21.437","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"I want to purchase a domain: curion.com \n\nIt is unavailable because it is held by godaddy (as shown on whois.net) \n\nQuestion is, Can a web hosting company hoard a domain name to itself. Is it even allowed? The domain doesnt function either. \n\nHow do I legally pursue this matter? What is the law? \n\n\nWhois details:\n\n\nDomain Name: CURION.COM \n\nRegistrar: GODADDY.COM, LLC \n\nSponsoring Registrar IANA ID: 146 \n\nWhois Server: whois.godaddy.com \n\nReferral URL: \n\nName Server: NS1.JACKSONNATIONAL.COM \n\nName Server: NS2.JACKSONNATIONAL.COM \n\nName Server: NS3.JACKSONNATIONAL.COM \n\nStatus: clientDeleteProhibited \n\nStatus: clientRenewProhibited \n\nStatus: clientTransferProhibited \n\nStatus: clientUpdateProhibited \n\nUpdated Date: 11-feb-2013 \n\nCreation Date: 11-jul-2002 \n\nExpiration Date: 11-jul-2018 \n\n\n\n","text_label":"internet","title":"GoDaddy hoarding domains. What is my legal recourse?"} {"Id":4483,"PostTypeId":1,"CreationDate":"2015-10-15T16:32:22.497","Score":50,"ViewCount":10903.0,"LastActivityDate":"2017-03-01T10:27:30.950","AnswerCount":4.0,"CommentCount":13,"ContentLicense":"CC BY-SA 3.0","body":"Moved from [WorkplaceSE](https:\/\/workplace.stackexchange.com\/questions\/55998\/can-an-employer-withhold-pay-for-a-fire-drill?noredirect=1#comment144348_55998). \n\n\nRecently there was a routine fire drill in an office building. As with most fire drills, it took about half an hour for the fire drill to complete and for everyone to get back to work.\n\n\nWhen the employees got back to their desks, they were told to charge 30 minutes of time to an overhead charge number, but then management sent out a correction saying that they were not allowed to charge the time lost during the fire drill. Instead, they had to \"flex\" their time (that is, make up the 30 minutes at some other time during the pay period, or else take vacation time).\n\n\nIs this illegal, or just bad practice? Do these employees have any recourse? Any examples of similar times when an employer mandates a period of time that an employee NOT be allowed to work during normal working hours are welcome also.\n\n\nJurisdiction is in Virginia, USA, but input from other areas welcome for my curiosity.\n\n\nThis didn't affect me personally so I'm not searching for legal advice, but it happened to some close acquaintances of mine. For them, the cost of just working an extra 30 minutes is *far* less than getting lawyers involved, but it did pique my interest so I thought it was worth a question.\n\n\n","text_label":"employment","title":"Can an employer withhold pay for a fire drill?"} {"Id":80466,"PostTypeId":1,"CreationDate":"2022-05-23T11:48:04.530","Score":0,"ViewCount":29.0,"LastActivityDate":"2022-05-23T11:48:20.600","AnswerCount":0.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"context: Peter is on vacation. He wants to have a whole body picture of him with the surroundings. He asks a stranger to take a picture of Peter with a Peter's camera. Who owns the copyright to that photo? Peter or the stranger? Thank you.\n\n\n","text_label":"copyright","title":"photo copyright owner"} {"Id":21897,"PostTypeId":1,"CreationDate":"2017-08-11T03:38:48.700","Score":0,"ViewCount":57.0,"LastActivityDate":"2017-09-10T19:54:07.363","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I am planning to write a novel in which the name of one of my character is Agent X but I found out that it has been used as a name of a TV serial.\n\n\n","text_label":"trademark","title":"Can I use the name of a TV serial \/ movie for my novel"} {"Id":29582,"PostTypeId":1,"CreationDate":"2018-06-17T20:14:07.493","Score":1,"ViewCount":61.0,"LastActivityDate":"2018-06-17T20:31:29.290","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I am working on a PC game that I intend of selling at some point in the future. The story of the game is revolving around a tribe that used to live in Europe. The name of the tribe is quite popular today and there is even a region with the same name in Greece today. I would like to know if it is legal to use names like that for my game story, or am I better off with changing the name so I wont get sued... \n\n\n","text_label":"copyright","title":"Copyright of country\/region names for fiction"} {"Id":58067,"PostTypeId":1,"CreationDate":"2020-11-14T00:17:11.327","Score":2,"ViewCount":157.0,"LastActivityDate":"2022-02-01T18:05:50.653","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"There's this program from a few years ago that isn't being sold anymore, and there's a simple way to extend the free trial forever by changing the expiration date in a text file.\n\n\nI was wondering if it would be problematic to write and publish a guide on my website detailing how to use this exploit, since I am not distributing anything.\n\n\n","text_label":"software","title":"Is telling others how to crack software illegal?"} {"Id":3554,"PostTypeId":1,"CreationDate":"2015-09-10T20:26:09.890","Score":4,"ViewCount":320.0,"LastActivityDate":"2021-03-14T18:45:42.610","AnswerCount":2.0,"CommentCount":9,"ContentLicense":"CC BY-SA 3.0","body":"Let's say I want to assess how comfortable a candidate is with casual conversation, and if he would fit into our business culture. If I ask a question like \"What kind of music do you like?\", is that legal? The question is definitely not relevant to essential job functions, but based on how he answers I can assess how well he would fit in our company culture.\n\n\n","text_label":"employment","title":"Are all interview questions that don't apply to essential functions illegal?"} {"Id":6502,"PostTypeId":1,"CreationDate":"2016-01-19T23:15:13.023","Score":11,"ViewCount":2734.0,"LastActivityDate":"2016-01-20T07:31:13.053","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"From my understanding, all calls to 911 in the United States are recorded. How does 911 legally record calls in states where consent to record is required?\n\n\nFrom [Reporter's Recording Guide](http:\/\/www.rcfp.org\/reporters-recording-guide):\n\n\n[![enter image description here](https:\/\/i.stack.imgur.com\/BSQdp.png)](https:\/\/i.stack.imgur.com\/BSQdp.png)\n\n\nI know that some states where consent of all parties simply requires a [recorder warning tone](https:\/\/en.wikipedia.org\/wiki\/Recorder_warning_tone), such as the State of California:\n\n\n[Air Transport Association of America v. Public Utilities Commission of the State of California, Defendants, 833 F.2d 200 (9th Cir. 1987)](https:\/\/www.courtlistener.com\/opinion\/497058\/air-transport-association-of-america-v-public-util\/?)\n\n\n\n> \n> G.O. 107-B defines disapproved monitoring of telephone calls as the use of equipment which allows a third person to overhear or record a telephone conversation without any indication to the conversant parties that they are being overheard, or without allowing the conversant parties to communicate with the third person. **A person wishing to listen in on a conversation without violating the regulation can provide notice by using a beep-tone warning device audible to all parties to the conversation** or by announcing to the parties that the conversation is being monitored. The order requires utilities to file tariffs prohibiting monitoring unless notice is given to the parties to the conversation, or their consent is obtained. If a telephone company learns that a customer is monitoring conversations in violation of the tariff, the order requires the utility to discontinue service if the customer does not refrain from such monitoring within five days after notice from the utilities. The customer can file a complaint with the CPUC if discontinuance is threatened, and the customer's service will not be discontinued pending resolution of the complaint.\n> \n> \n> \n\n\nbut how the other states where consent is required and a beep isn't enough?\n\n\nE.g. from [laws on recording conversations in all 50 states](https:\/\/www.mwl-law.com\/wp-content\/uploads\/2013\/03\/LAWS-ON-RECORDING-CONVERSATIONS-CHART.pdf):\n\n\n\n> \n> Maryland All Parties Md. Code Ann., Cts. & Jud. Proc. \u00a7 10-402 (a): The Wiretapping and Electronic Surveillance Act holds that it is unlawful to take or record a communication without the consent of all parties. \n> \n> \n> \n\n\n","text_label":"privacy","title":"How does 911 legally record calls?"} {"Id":57623,"PostTypeId":1,"CreationDate":"2020-10-31T09:17:07.780","Score":-3,"ViewCount":73.0,"LastActivityDate":"2020-10-31T23:09:28.413","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"Today I learned that the TV licence in the UK is required to:\n\n\n\n> \n> watch or record programmes as they\u2019re being shown on TV, on any\n> channel\n> \n> \n> \n\n\n[Source](https:\/\/www.tvlicensing.co.uk\/check-if-you-need-one?&&WT.mc_id=mec_Search_Brand&gclid=Cj0KCQjwlvT8BRDeARIsAACRFiUnMBxfrZeVMCp-gRvLec4xnADngSvgAfBE5fjNimNR_DBgvvgfdqUaAlGaEALw_wcB)\n\n\nThis means that if I watch, for example, Sky Sports, even on my phone, I require a TV Licence, even though I\u2019ve already paid Sky, and Sky are the ones providing the service.\n\n\nGiven that the TV licence funds the BBC, and that Sky is a paid for service that has nothing to do with the BBC, I\u2019m struggling to see why this is required.\n\n\nIf there were no such thing as a TV licence, and the government tried to bring this rule in now, what possible legal justification could they make for it?\n\n\n","text_label":"licensing","title":"Why do I need a TV licence to watch non BBC services?"} {"Id":4253,"PostTypeId":1,"CreationDate":"2015-10-05T19:20:43.693","Score":5,"ViewCount":719.0,"LastActivityDate":"2016-07-21T19:05:44.343","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Scrolling about one day I noticed some text beneath the header of the YouTube page:\n\n\n[![screenshot described](https:\/\/i.stack.imgur.com\/bbIqn.png)](https:\/\/i.stack.imgur.com\/bbIqn.png)\n\n\nWhen I release the scroll, the underlay of the page returns to normal and the text is hidden once more.\n\n\nAre they legally required to do this, or is there some other reason for putting this text on the page? And, if it is required by law, how do they get away with hiding it as such?\n\n\n","text_label":"internet","title":"Why does YouTube hide \"Ad displayed\" or \"Ad can be skipped messages\" under the header?"} {"Id":18058,"PostTypeId":1,"CreationDate":"2017-03-29T23:30:50.923","Score":1,"ViewCount":165.0,"LastActivityDate":"2017-03-31T23:59:56.893","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"In the United States, how egregious does an employee\u2019s actions need to be to override [Respondent superior](https:\/\/en.wikipedia.org\/wiki\/Respondeat_superior)\/[Vicarious liability](https:\/\/en.wikipedia.org\/wiki\/Vicarious_liability) and hold the company blameless?\n\n\nA hypothetical example: Bob is a full-time employee of Acme Services, LLC. One of Bob\u2019s responsibilities for Acme\u2019s construction company clients is to verify that equipment rental invoices match delivery records before notifying the client to approve the invoices for payment. For all of the clients except one, Bob follows the procedures properly. For Client C, Bob does no verification and has the invoices paid as presented. Neither Bob nor Acme realize any benefit from this action. Acme conducts periodic audits of its client accounts (selected at random), and eventually the mishandling of Client C\u2019s account is discovered. Bob is fired (his excuse for his actions is that he disagreed with the political views of the owner of Client C). A full audit of Client C\u2019s account shows they have overpaid various vendors.\n\n\nIf Client C sues Acme Services for damages, can Acme (or their liability insurance carrier) in turn sue Bob (with a reasonable chance of prevailing)?\n\n\nCan Client C sue Bob directly without also suing Acme?\n\n\nCould Bob or Acme (or both) face any criminal liability?\n\n\n","text_label":"liability","title":"Is a company liable if an employee intentionally ignores company procedures?"} {"Id":76771,"PostTypeId":1,"CreationDate":"2022-01-05T06:42:41.573","Score":1,"ViewCount":35.0,"LastActivityDate":"2022-01-05T10:16:38.750","AnswerCount":0.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"From my understanding, FBAR is meant to track how much money US citizens hold outside of the US.\n\n\nLet's say that on June 2020 I had $10,000 (the minimum for FBAR reporting) in my account in the bank of London. Then in July 2020 I moved to Paris and transferred $10,000 to my account in the bank of Paris while closing my account in the bank of London.\n\n\nI only had a total of $10,000 in my holding at any point in time. However, if I report the max amount of all of my accounts I would report\n\n\n\n```\nBank of London: Account XXX: $10,000\nBank of Paris: Account YYY: $10,000\n\n```\n\nWith an implied total of $20,000. Does that make sense? Could that come back to hurt me if the next year I only report $10,000?\n\n\n","text_label":"tax-law","title":"When filing an FBAR after transferring all of your money from one bank to another, should the \"Maximum account value\" be written for both accounts?"} {"Id":5020,"PostTypeId":1,"CreationDate":"2015-11-05T11:19:56.307","Score":1,"ViewCount":29.0,"LastActivityDate":"2015-11-05T14:15:18.070","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"Where can one check that the agreement made and sent to any client by a stock broker genuine and legal?\n\n\n","text_label":"contract","title":"Stock Broker Company Agreement"} {"Id":52581,"PostTypeId":1,"CreationDate":"2020-06-22T01:08:36.497","Score":0,"ViewCount":58.0,"LastActivityDate":"2020-07-23T05:52:15.507","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I have been [told](https:\/\/home.kpmg\/xx\/en\/home\/insights\/2018\/10\/united-states-indirect-tax-guide.html), that an overseas company selling in USA need to collect consumption tax and pay it back to US. However, our company is going to charge our customers in Australian dollars. Thus, to lodge a tax report in US we [must](https:\/\/www.irs.gov\/individuals\/international-taxpayers\/foreign-currency-and-currency-exchange-rates) convert AUD to USD. And we would need to use currency conversion rates set by federal reserve on a day of our report submission. Where can I request these rates?\n\n\nI thought it would be Federal Reserve Web site [RSS](https:\/\/www.federalreserve.gov\/feeds\/h10_data.htm) or [CSV](https:\/\/www.federalreserve.gov\/datadownload\/Choose.aspx?rel=H10)\n\n\nBut the data are published weekly at 4:15 there.\n\n\nWhat resource should I use for currency conversion rates?\n\n\n","text_label":"tax-law","title":"How to calculate currency conversion for USA consumption tax (sales tax) reporting"} {"Id":25672,"PostTypeId":1,"CreationDate":"2018-01-27T10:55:20.783","Score":5,"ViewCount":403.0,"LastActivityDate":"2018-02-01T22:43:02.910","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Metric compatible fonts (typically open-source) copy certain metrics from a (typically copyrighted) \"source font\". \"Advance width\" at least, and maybe other metrics (I have seen discussions of copying kerning data). Why is this not copyright infringement? Presumably the designer of a metric compatible font is not printing the source font and measuring it. They are using the *exact* metrics to achieve exactly the same horizontal spacing.\n\n\nWhy does the creation of a metric compatible font not constitute copyright infringement? \n\n\n","text_label":"copyright","title":"Why are Metric Compatible fonts not copyright infringement?"} {"Id":76998,"PostTypeId":1,"CreationDate":"2022-01-14T17:18:40.170","Score":3,"ViewCount":67.0,"LastActivityDate":"2022-01-15T01:11:23.297","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I'm wondering what trouble a game developer could get into with making references to other things that served to inspire the dev. Suppose the dev plans to sell the game; would such references possibly cause issues later down the line\n\n\n\n\n---\n\n\nI refer tpo references such as, for example:\n\n\n* drinking bird (*Alien* movies)\n* Glasses with \"A. Wesker\" written on the side (Resident Evil)\n* A brochure that advertises The Overlook (*The Shining*)\n* Newspaper talking about a shark killing \"Martha Vineyard\", aged 75 (*Jaws*)\n* One of the lockers has the name \"S. Henriksson\" (Cry of Fear)\n* Book titled something like \"The favourite fellow\" by Charles L. Ray (Chucky)\n\n\n","text_label":"copyright","title":"I'm working on a game and want to reference some other games and movies. How much trouble could I get in with the examples below?"} {"Id":1172,"PostTypeId":1,"CreationDate":"2015-07-18T00:56:30.997","Score":1,"ViewCount":154.0,"LastActivityDate":"2015-07-28T12:50:41.403","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I found this on [Amazon TOS](http:\/\/www.amazon.com\/gp\/help\/customer\/display.html\/?nodeId=508088): \n\n\n\n> \n> ... You may not incorporate any portion of the Amazon Software into your own programs or compile any portion of it in combination with your own programs ..\n> \n> \n> \n\n\nNow I'm wondering [what this company is doing](http:\/\/www.indix.com\/usecases\/enrich\/) or Google\/Bing as well. There are plenty of companies who scrape data from Amazon, eBay, Etsy or news websites, Stack Overflow, etc. and do something with it (either republish or analyse or similar). \n\n\nSo in the case of Amazon TOS: Would indix.com be doing something legal if they put the products data into their database? How about Google?\n\n\n","text_label":"contract-law","title":"What am I allowed to do according to Amazon TOS?"} {"Id":502,"PostTypeId":1,"CreationDate":"2015-06-10T19:42:33.627","Score":8,"ViewCount":2181.0,"LastActivityDate":"2015-06-11T20:22:31.183","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 3.0","body":"Can someone who discovered a [zero-day exploit](http:\/\/en.wikipedia.org\/wiki\/Zero-day_%28computing%29) in a program sell the information, and does the applicable jurisdiction depend on his location, the buyer location, the location of the developed of the product that the exploit targets, or something else?\n\n\n","text_label":"software","title":"Is it legal to sell zero-day exploits?"} {"Id":42302,"PostTypeId":1,"CreationDate":"2019-06-21T19:12:15.270","Score":3,"ViewCount":63.0,"LastActivityDate":"2019-06-21T22:58:57.617","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"What is the legal basis for the prosecution to use ones private journal against them in the court of law. \n\n\nIf so why is this not a violation of the right not to testify against oneself. \n\n\nIf i have this wrong point it out. \n\n\nto clarify, in state and federal proceedings. \n\n\n","text_label":"constitutional-law","title":"Could using Private Journals be a violiation if used against someone in the court of law?"} {"Id":51198,"PostTypeId":1,"CreationDate":"2020-05-02T10:14:12.087","Score":3,"ViewCount":156.0,"LastActivityDate":"2020-05-02T13:30:34.237","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"Now, our state is in war zone and people are dying daily because of war. Government and Arakan Army are fighting with heavy weapons. No Journalist are allowed to enters, we have 17 divisions in our state and only 3 divisions access internet and telephone. Government cut off those. So, here is my question.\n\n\nThere are so many fake news on facebook about your state current situation. We reported facebook team and they reply \"It doesn't go community standard\". \n\n\n**So, Where should I report if we have prove? If facebook ignores \"fake news\".**\n\n\nNormally, in my point of views, fake news on internet is usual but people are dying and world need to know truth.\n\n\n","text_label":"internet","title":"What should I do if facebook ignore fake news?"} {"Id":58514,"PostTypeId":1,"CreationDate":"2020-11-24T00:44:19.210","Score":0,"ViewCount":38.0,"LastActivityDate":"2020-11-24T00:48:32.057","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"There is a contract with four preconditions, of which the failure of any ONE is sufficient to void the contract.\n\n\nClearing the four preconditions requires the execution of ten documents, involving the actions\/signatures of ten people. In theory, this could mean up to 100 executions, although it's more like 60-70, because while every person has to execute at least one document, not all ten persons have to execute all ten documents.\n\n\nHow do lawyers keep track of which documents have been executed, and which preconditions have been fulfilled? Do they use a grid or tallying system for this purpose? Are there \"best practices\" in record-keeping for many of the subject matters?\n\n\n","text_label":"contract-law","title":"How do lawyers determine when the preconditions for a contract have been met?"} {"Id":802,"PostTypeId":1,"CreationDate":"2015-06-27T22:39:49.560","Score":2,"ViewCount":67.0,"LastActivityDate":"2015-07-27T22:52:56.917","AnswerCount":1.0,"CommentCount":5,"ContentLicense":"CC BY-SA 3.0","body":"If Chinese company ABC has an established brand for their product, \"The Widget\", and American company XYZ makes an add-on or modification for that product and sells said add-on as \"The Widget Improver\", with or without reference to ABC, is there copyright implications?\n\n\nI felt XYZ was enhancing and benefiting ABC, but someone today suggested I may have a problem as the name insinuates \"The Widget\" is inferior as-is, and also copyright infringement since \"The Widget\" is in XYZ's product name and, specifically, because XYZ's product specifically functions due to the \"The Widget\" being in the marketplace.\n\n\nI could use specific names and examples but I wasn't sure what is expected on this site.\n\n\nI found [this article](http:\/\/www.entrepreneur.com\/answer\/221456), which sort of addresses my question and suggests that a license agreement is necessary. But is it really necessary, or only necessary from ABC's (and that author's) point of view?\n\n\n","text_label":"copyright","title":"Copyright implications for developing\/marketing a 3rd party accessory?"} {"Id":8987,"PostTypeId":1,"CreationDate":"2016-05-03T09:07:30.270","Score":3,"ViewCount":1875.0,"LastActivityDate":"2018-10-19T12:03:28.403","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"NY\/USA here if jurisdiction matters.\n\n\nI am employed full-time and am salaried. I have an at-will employment with no special contractual constraints with my employer. Can I lawfully be fired for simply \"*not being a good fit*\"? What does the employer have to prove to claim this?\n\n\n","text_label":"employment","title":"Can one be fired for \"not being a good fit\"?"} {"Id":58631,"PostTypeId":1,"CreationDate":"2020-11-26T10:10:37.963","Score":-3,"ViewCount":752.0,"LastActivityDate":"2020-12-31T00:43:11.250","AnswerCount":3.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"If a second contract is signed after a prior one and they fully conflict going against fully being each other and there is no mention done of which contract mainly overrides being the other then in the given being situation which given prevails actually?\n \n\n \n\n\n\n**Content before last given editm :**\n \n\nLet us say A and Z sign two contracts.\n\n\nThe first contract says that A will pay Z $0.5 to $1 a month. There is no mention of what happens if another contract is signed opposing its terms.\n\n\nLater A and Z sign a contract stating $0.2 will be paid to Z per month and nothing more. There is no mention of the first contract in this one.\n\n\nWhich of the two contracts will prevail over the other?\n\n\n","text_label":"contract-law","title":"Do newer contracts supersede prior ones?"} {"Id":42298,"PostTypeId":1,"CreationDate":"2019-06-21T11:35:09.783","Score":2,"ViewCount":104.0,"LastActivityDate":"2019-06-21T14:08:09.540","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"To clarify the title, here is an example:\n\n\n1. Alice wants to sign up to online store Nile.com\n2. Alice enters the email `bob@mailprovider.com` by accident\n3. Nile.com does **not** send a verification that Alice has to complete but directly accepts the registration and the email\n4. Alice orders stuff from Nile.com\n5. Bob, who is completely unrelated to Alice, starts getting emails that contain information about Alice that includes her name, (delivery) address and purchases\n\n\nI 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\n\n\n\n> \n> 1. Personal data shall be:\n> \n> \n> [...]\n> \n> \n> (d) **accurate** and, where necessary, kept up to date; every\n> reasonable step must be taken to ensure that personal data that are\n> inaccurate, having regard to the purposes for which they are\n> processed, are erased or rectified without delay (\u2018accuracy\u2019);\n> \n> \n> [...]\n> \n> \n> (f) processed in a manner that ensures appropriate security of the\n> personal data, including **protection against** unauthorised or unlawful\n> processing and against **accidental loss**, destruction or damage,\n> using appropriate technical or organisational measures (\u2018integrity and\n> confidentiality\u2019).\n> \n> \n> \n\n\n(emphasis mine)\n\n\nWhat 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. \n\n\n","text_label":"privacy","title":"Legal sending personal information to a third party if the user supplied incorrect contact information?"} {"Id":58757,"PostTypeId":1,"CreationDate":"2020-11-30T03:15:21.727","Score":0,"ViewCount":106.0,"LastActivityDate":"2020-11-30T19:48:15.240","AnswerCount":1.0,"CommentCount":4,"ContentLicense":"CC BY-SA 4.0","body":"Some background first:\n----------------------\n\n\nWhen I was in college for engineering, the student-run IT department in the general dorm absolutely insisted on seeing every device on the network, and all the traffic too, to the point of banning even \"dumb switches\" (which are still smart enough to figure out which port a specific device is connected to, and only send its traffic to that port) and issuing hubs instead (which blindly broadcast everything they receive to all of their ports, so that the IT guys could see what I sent to my networked printer).\n\n\nThis was when Windows XP was current, which allowed unrestricted access to its Public folders by default. (they *are* PUBLIC, after all, right?)\n\n\nPut that together, and we have ***a bunch of college kids with officially-mandated direct access to the other students' Public folders!*** (there are several things in that bold part, that the combination of should raise flags)\n\n\nAlso at that time, the Public folders were the default save location for a number of things. So quite a few of them had what appeared to me to be extensive music collections, which leads to:\n\n\nThe question:\n-------------\n\n\nI decided to be honest, and NOT copy that music for myself, but if I had, who would have been guilty of what?\n\n\nMy understanding of copyright law suggests that:\n\n\n* The student that I copied *from* would be guilty of unauthorized distribution, and could be fined accordingly, despite knowing nothing of what was going on or even how it was possible, simply because it was in their Public folder and thus made freely available to others. Nevermind that \"Public\" was simply their software's default save location, and they again knew nothing of the ramifications. Thus, this poor student gets slammed, completely out-of-the-blue, for something they had no idea about.\n* The developer\/owner of that music-management software may also get sued for making it easy for this to happen. (Public by default)\n* The dorm's IT department might get a not-so-nice call as well, from a high-powered lawyer, about making it easy for this to happen. (requiring access)\n* ***\\*I\\**** could simply claim ignorance, that the officially-enforced arrangement implied permission, and that I had accepted the offer on good faith. I would then get off with little more than an order to delete everything that I had taken. (and whatever the IT guys decided to do with me for their troubles) Unless of course I had distributed it myself, knowingly or not, in which case I'd be in the same boat as the student that I had stolen it from.\n\n\nIs that true? Did I put the concepts together correctly? Or am I all wet?\n\n\n","text_label":"copyright","title":"Who would have been guilty of what in this scenario?"} {"Id":44769,"PostTypeId":1,"CreationDate":"2019-09-17T05:19:55.243","Score":0,"ViewCount":100.0,"LastActivityDate":"2019-09-20T12:56:03.443","AnswerCount":1.0,"CommentCount":6,"ContentLicense":"CC BY-SA 4.0","body":"Q re U.S. Copyright registration:\n\n\nI understand that by leaving blank the space asking for an author's (legal) name but indicating the author's pseudonym that the two names won't be linked and thus the correlation will not be made publicly available online or otherwise. That's what I understand.\n\n\nI also understand that it is not wise to copyright solely under a pseudonym, as it can get rather tricky to prove that I (the legal 'I') am the author should any legal issue arise.\n\n\nNow, if I were to use my legal name as the claimant do have my cake and eat it too, or are the terms 'claimant' and 'author' looked at as two separate things?\n\n\nIn other words, If my legal name is Bob Roberts and I leave blank the author name but say that the work is pseudonymous and use the name Bill Williams as the pseudonym, will my using Bob Roberts as claimant make it clear that my legal self is, in fact, the author?\n\n\n","text_label":"copyright","title":"Legal Name and\/or Pseudonym and Record Keeping"} {"Id":54862,"PostTypeId":1,"CreationDate":"2020-08-01T19:00:53.403","Score":2,"ViewCount":169.0,"LastActivityDate":"2020-08-01T19:35:08.263","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"Whats happening?\n----------------\n\n\nRecently, the Trump administration has announced their intention to ban the popular social media application TikTok. The Trump administration claims this is on the grounds of national security, accusing TikTok of being an agent of the Chinese Communist Party. TikTok denies these claims and counters with statistics of American ownership\/employment. As a result, TikTok is currently in a fire sale mode in the financial markets - with potential buyers being Microsoft amongst other tech giants.\n\n\nHow will he do this?\n--------------------\n\n\nWhat specific legal mechanisms will the Trump administration use to enforce this ban?\n\n\nAre there any restrictions?\n---------------------------\n\n\nWhat conditions must be met in order for the executive branch of the government to employ these mechanisms? Can these mechanisms be arbitrarily leveraged by the current\/future President? Do these same laws apply to domestic companies?\n\n\n**Would it be plausible for these same legislative mechanisms to be used in the future for the purpose of selecting winners\/losers in the tech industry at the personal discretion of the President?**\n\n\nFor example: *banning Twitter on the grounds of national security and force it to sell to another domestic platform that is more aligned with the president's world view?*\n\n\n","text_label":"internet","title":"How will Trump ban TikTok? And are there any restrictions on these mechanisms being arbitrarily applied to other companies?"} {"Id":55956,"PostTypeId":1,"CreationDate":"2020-09-03T00:50:37.323","Score":0,"ViewCount":352.0,"LastActivityDate":"2021-07-25T19:01:10.120","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"Bing shows Youtube videos directly on its own page instead of sending the traffic to Youtube. How do they get away with copyright etc? Do you have legal support by only writing who uploaded it and linking to the source?\n\n\nI assume that Bing is a competing business to Youtube and if Youtube could have, they would have forced Bing to send over the traffic.\n\n\n","text_label":"copyright","title":"How does Bing get away with showing Youtube videos on its own site?"} {"Id":61995,"PostTypeId":1,"CreationDate":"2021-03-12T13:53:11.330","Score":-2,"ViewCount":79.0,"LastActivityDate":"2021-03-12T16:54:48.590","AnswerCount":1.0,"CommentCount":8,"ContentLicense":"CC BY-SA 4.0","body":"**Can a person be convicted in their home country A for something that is considered a crime in country B (but not a crime in A)?**\n\n\nTake for example something less extreme like, reputational damage of a company, not something like murder, which international police would deal with. The action itself is not considered a crime in country A (i.e. not enshired by any law), however, in country B it is. The reputational damage is what would derive from it, and that is a crime in both country A and B, however, the company of country B has no presence in country A.\n\n\n","text_label":"business","title":"Can a person be convicted in their home country A for something that is considered a crime in country B (but not a crime in A)?"} {"Id":9570,"PostTypeId":1,"CreationDate":"2016-05-30T01:58:43.257","Score":1,"ViewCount":139.0,"LastActivityDate":"2016-05-30T05:55:21.400","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Say I pose as another person on social media and use their name, photos, etc.\n\n\nGiven that it's just a mock-up account and it's not used solely for criminal activity or among other means to harm or damage the person in question, would mimicking their profiles alone be illegal?\n\n\nIs posing as another person illegal if all you're doing is re-hosting their images and using their name, but not engaging in any questionable activity under their name (for example, saying racial slurs, etc.)?\n\n\n","text_label":"criminal-law","title":"Posing as another living person on social media -- illegal or no?"} {"Id":28467,"PostTypeId":1,"CreationDate":"2018-05-14T05:06:52.687","Score":1,"ViewCount":135.0,"LastActivityDate":"2019-10-28T02:09:41.427","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"**[Russian firm charged in election interference case pleads not guilty](https:\/\/www.usatoday.com\/story\/news\/2018\/05\/09\/concord-management-arraignment-russia-investigation\/594454002\/)** (USA TODAY)\n\n\n\n> \n> Mueller's office charged in February that 13 Russian nationals and three businesses sought to meddle in the election election ... one of them, Concord Management and Consulting, LLC, dispatched a pair of lawyers to federal court in Washington to plead not guilty to the charges. One of the lawyers, Eric Dubelier, said Concord would \"exercise our **right to a speedy trial**.\" ... Mueller's office said in a court filing last week that Concord's lawyers had already demanded that prosecutors turn over \"sensitive intelligence gathering, national security, and foreign affairs information,\" including details on electronic surveillance of the company and its employees. \n> \n> \n> \n\n\n**How soon must Mueller produce the evidence?** (And will it be made public?)\n\n\n[Indictment: USA vs. Internet Research Agency et. al.](https:\/\/www.justice.gov\/file\/1035477\/download)\n\n\n","text_label":"criminal-law","title":"Russian firm charged in election interference case pleads not guilty - \"speedy trial\"?"} {"Id":1347,"PostTypeId":1,"CreationDate":"2015-07-24T23:42:10.927","Score":13,"ViewCount":9393.0,"LastActivityDate":"2017-04-03T17:36:17.433","AnswerCount":3.0,"CommentCount":9,"ContentLicense":"CC BY-SA 3.0","body":"So, this might sound like an odd question, but at a very simple ethical level there is a clear problem with using an adblocker. There is, after all, a very clear understanding that ad providers are paying them for your access to the content or put differently: You pay for the content by watching those ads (of which selling your privacy is often (though not always) a part). Unethical however hardly means directly unlawful\/illegal, so I have often wondered about the legal mirror of those ethical rules. \n\n\nOur hypothetical case\n=====================\n\n\nSo, some ToS's explicitedly have statements like\n\n\n\n> \n> You agree not to alter or modify any part of the Service.\n> \n> \n> \n\n\ntaken from the [YouTube ToS](https:\/\/www.youtube.com\/static?template=terms&gl=US). So let's assume our theoretical service has those as well possibly even explicitly addressing adblockers. Note clearly that I am not saying that the quoted statement is the best legal way of putting this, it's purely an example.\n\n\nNow, lets say that a user uses this service for a year whilst an adblocker is running. Lets also say that the user has signed up for the service and explicitly consented the Terms of Service. Is there any way that the service could lawfully get this user to pay up for his usage of the service (the loss of income)? Or if not, is there *any* form of 'punishment' the user could face? (Beyond being blocked from the service, but he could also be blocked from the service even if he didn't use an adblocker if the service answer would feel like it) And if yes, does it require such an explicit segment in the ToS or is this already a natural given?\n\n\nPS. I have selected the [united-states](\/questions\/tagged\/united-states \"show questions tagged 'united-states'\") as the main focus of the question, simply because it's most likely to get a quality answer, however if you also know how the same would work out in a western european country I would love it if an answer could include a *very* short rundown of that as well. \n\n\n","text_label":"internet","title":"Is it illegal\/unlawful to use an adblocker?"} {"Id":37795,"PostTypeId":1,"CreationDate":"2019-03-02T23:11:40.490","Score":1,"ViewCount":246.0,"LastActivityDate":"2019-03-03T00:20:14.960","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"This is the situation: I have a booklet that contains sketches (2D drawings) of human teeth. I would like to use them as reference materials to build 3D models (using blender) and publish the models on Sketchfab and a mobile App.\n\n\nI'm not sure about it since I see people, for example, making car models and selling it on Sketchfab, for branded cars, like Mercedes or Corvette etc... Did they need permission to make this work from the original designers?\n\n\nWhat are my legal responsibilities in this aspect? Is this considered a copyright infringement?\n\n\nThanks in advance for the advice.\n\n\n","text_label":"copyright","title":"Will I need permission from the work owner of a 2D sketch to make it a 3D model?"} {"Id":32244,"PostTypeId":1,"CreationDate":"2018-10-04T04:35:41.577","Score":1,"ViewCount":66.0,"LastActivityDate":"2018-10-04T07:30:59.283","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I live in a mobile home park in California. Recently, the park announced that our TV service will be provided by the park and instead of paying the TV provider, we will be paying the park directly.\n\n\n[CA Civ Code S. 798.25(e)](https:\/\/leginfo.legislature.ca.gov\/faces\/codes_displaySection.xhtml?lawCode=CIV§ionNum=798.25) says\n\n\n\n> \n> Any amendment to the park\u2019s rules and regulations that creates a new fee payable by the homeowner and that has not been expressly agreed upon by the homeowner and management in the written rental agreement or lease, shall be void and unenforceable.\"\n> \n> \n> \n\n\nHowever, [CA Civ Code S. 798.32](https:\/\/leginfo.legislature.ca.gov\/faces\/codes_displaySection.xhtml?lawCode=CIV§ionNum=798.32) says\n\n\n\n> \n> (a) A homeowner shall not be charged a fee for services actually rendered which are not listed in the rental agreement unless he or she has been given written notice thereof by the management, at least 60 days before imposition of the charge.\n> \n> \n> (b) Those fees and charges specified in subdivision (a) shall be separately stated on any monthly or other periodic billing to the homeowner. If the fee or charge has a limited duration or is amortized for a specified period, the expiration date shall be stated on the initial notice and each subsequent billing to the homeowner while the fee or charge is billed to the homeowner.\n> \n> \n> \n\n\nThese 2 sections seem to contradict each other. Is this a violation of the first section? Or is this in compliance with the second section? Or something else completely?\n\n\n","text_label":"civil-law","title":"Mobile home park in California charging extra fees for television service"} {"Id":29185,"PostTypeId":1,"CreationDate":"2018-06-03T15:55:02.233","Score":3,"ViewCount":147.0,"LastActivityDate":"2021-04-02T02:05:30.547","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I want to know if it's legal to crawl some websites, let's say cnn.com and bbc.com, and display the title, descripton, the image, as well the link to redirect to the actual link for the news?\n\n\n","text_label":"copyright","title":"Is it legal to crawl news from any website, maintaining a link to their news?"} {"Id":23702,"PostTypeId":1,"CreationDate":"2017-11-01T01:28:57.653","Score":1,"ViewCount":137.0,"LastActivityDate":"2017-11-02T00:54:31.387","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I plan on starting my second company as a corporation and filing as an S-Corp. Would my new business name still be\n\n\n\n> \n> Business Name Corporation\n> \n> \n> \n\n\nor is a different form used?\n\n\n","text_label":"business","title":"Do S-Corps and C-Corps both end their business names in \"Corp\"?"} {"Id":14407,"PostTypeId":1,"CreationDate":"2016-10-04T15:16:19.763","Score":0,"ViewCount":38.0,"LastActivityDate":"2016-12-04T04:56:58.007","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"\n> \n> In this Act, 'industry' includes establishment, undertaking, work, trade, business and any other workplace;\n> \n> \n> \n\n\nAs a non English native speaker, sadly, I can't gasp the differences of the meanings of the words completely. Help me. \n\n\n","text_label":"employment","title":"The differences : 'industry' includes establishment, undertaking, work, trade, business and any other workplace;"} {"Id":37891,"PostTypeId":1,"CreationDate":"2019-03-06T13:35:13.090","Score":0,"ViewCount":53.0,"LastActivityDate":"2019-03-06T16:29:36.057","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"I have taken a book from my university's library and it states in the second page :\n\n\n\n> \n> The law of March 11, 1957 authorizes only \"copies or reproductions strictly reserved for the private use of the copier and not intended for collective use\".\n> Any representation or reproduction, in whole or in part, made without the consent of the publisher, is unlawful.\n> \n> \n> \n\n\nIt is a book written in french and a french address containing \"Paris\" figures in the same page so this is probably a french law.\nAny of you have an idea on whether this law is still up or not? \n\nThis allows me to take photos I guess but I am not sure on the validity of the law as I stated in the last phrase.\n[![enter image description here](https:\/\/i.stack.imgur.com\/6kw6E.jpg)](https:\/\/i.stack.imgur.com\/6kw6E.jpg)\n\n\n","text_label":"copyright","title":"Capturing photos of a book"} {"Id":18422,"PostTypeId":1,"CreationDate":"2017-04-15T03:32:41.640","Score":2,"ViewCount":200.0,"LastActivityDate":"2021-10-02T06:08:20.313","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Canada's constitution is not a single document, but [many documents](https:\/\/en.wikipedia.org\/wiki\/List_of_Canadian_constitutional_documents) passed over time.\n\n\nIs there existing case law as to whether parts of an older constitutional document can be found unconstitutional in light of newer constitutional documents? \n\n\nFor the purposes of this question, I'm excluding cases where the newer document directly repeals older documents, or parts of them.\n\n\n","text_label":"constitutional-law","title":"Can older parts of Canada's constitution be found unconstitutional?"} {"Id":49149,"PostTypeId":1,"CreationDate":"2020-02-17T23:42:26.287","Score":-1,"ViewCount":62.0,"LastActivityDate":"2020-02-18T17:08:25.960","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"Do the two that-clauses below bewilder you too? How can they be rewritten more basically? \n\n\n1. 1 flummoxes me as it contains 2 \"opinion\"s. But I grasp that \"opinion is held on reasonable grounds\" modifies, and thus is the, \"false statement of fact\".\n2. 2 flummoxes me as it contains 2 \"intention\"s. I grasp that\n\n\n\n> \n> a false statement of fact that intention\/opinion is actually held = You don't actually hold that intention\/opinion.\n> \n> \n> \n\n\nBut what the heck does it mean to intend a false statement of fact that intention (opinion) is actually held? \n\n\n[Richard](https:\/\/www.uclan.ac.uk\/staff_profiles\/richard-taylor.php) and [Damian](https:\/\/www.slaughterandmay.com\/who-we-are\/partners\/damian-taylor\/) Taylor. [*Contract Law Directions* (6 edn 2019)](https:\/\/www.amazon.co.uk\/Contract-Law-Directions-Richard-Taylor\/dp\/0198836597\/ref=dp_ob_title_bk). p. 180.\n\n\n[![enter image description here](https:\/\/i.stack.imgur.com\/HKEAV.jpg)](https:\/\/i.stack.imgur.com\/HKEAV.jpg)\n\n\n","text_label":"contract-law","title":"\"Intention that implies false statement of fact that\", \"Opinion that implies false statement of fact that\""} {"Id":45974,"PostTypeId":1,"CreationDate":"2019-10-30T01:29:08.013","Score":1,"ViewCount":104.0,"LastActivityDate":"2019-10-30T10:26:18.000","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"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?\n\n\nIf it is valid and enforceable:\nWhat if Party A felt pressured (due to financial reasons\/limitations) to sign the amended contact? Is it enforceable?\n\n\n","text_label":"contract-law","title":"Can a voided contract be amended?"} {"Id":57685,"PostTypeId":1,"CreationDate":"2020-11-02T06:06:26.973","Score":1,"ViewCount":45.0,"LastActivityDate":"2020-12-02T20:15:33.317","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I want to register a software package with the US copyright office but it is not new. There are many versions. What versions should I register? Should I register the very first version as the original work and then select versions as derived works?\n\n\nFor example, let's say there are versions like:\n\n\n\n```\n1.0.0\n1.0.1\n1.0.2\n...\n1.0.88\n1.1.0\n1.1.1\n...\n1.1.46\n2.0.0\n2.0.1\n...\n2.0.26 (current)\n\n```\n\nand so on. Should I register 1.0.0 as the original work and the current version (2.0.26) as a derived work for a total of only two versions?\n\n\nWhat if I want to file suit for infringement regarding 1.1.22? Is that version covered if I only register 1.0.0 and 2.0.26 in my example?\n\n\nNote: I know this [question was asked before to some extent](https:\/\/law.stackexchange.com\/questions\/22453\/should-i-copyright-my-original-code-before-registering-the-current-version) but it was not actually answered.\n\n\n","text_label":"copyright","title":"Retroactive Copyright Registration Versions Original and Derived Works"} {"Id":8207,"PostTypeId":1,"CreationDate":"2016-03-31T21:42:18.083","Score":1,"ViewCount":68.0,"LastActivityDate":"2016-03-31T21:48:32.287","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"let's say someone wishes to loan money to his brother, but has little expectation of repayment and no intention of pursuing the matter if his brother defaults. would the irs consider this a gift, a loan, or a gift loan?\n\n\ndetails: \n14k$ at 12% interest for a fixed term of 3 years as a strictly oral agreement without any signed document. let's assume there are some emails or text messages discussing the issue, but nothing documenting a final agreement.\n\n\n","text_label":"tax-law","title":"can small loans be considered gifts for tax purposes?"} {"Id":16625,"PostTypeId":1,"CreationDate":"2017-01-24T00:12:41.583","Score":6,"ViewCount":1993.0,"LastActivityDate":"2017-01-24T23:06:08.343","AnswerCount":3.0,"CommentCount":12,"ContentLicense":"CC BY-SA 3.0","body":"Simple question, maybe not an easy answer: my employer gave me an MSDN subscription linked to my home hotmail account.\n\n\nCan I download Visual Studio and write code at home with this license? I would be working after business hours on my own personal projects.. Would my company own the personal project because I used their Visual Studio license?\n\n\nedit: just to be clear: my personal project is a video game, and my company does not make games, and in fact is in a completely different industry\n\n\n","text_label":"software","title":"Does my employer own code I write at home using the Visual Studio license from work?"} {"Id":16298,"PostTypeId":1,"CreationDate":"2017-01-09T21:27:11.057","Score":4,"ViewCount":4929.0,"LastActivityDate":"2017-01-09T21:47:26.510","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"So, in everything from World of Warcraft to Dungeons and Dragons, even Warhammer and an assortment of other games, both table top and computer based, there's Arcane magic. I've written a few books and, without thinking, I used the term Arcane to be the general name for magic practiced by witches and warlocks and prayer magic used by the clergy. I never thought about it until now, but is Arcane, or Arcane magic, a copyrighted word\/phrase\/term?\n\n\nTo clarify, the spells in my work aren't direct copies of any from those other games, it's simply the usage of what I at first considered a generic word. Could there be trouble down the line?\n\n\nExamples of spells used in my work:\nPortal magic to move across large distances,\n\"energy beams\" for combat purposes, and\nmagical infusion.\n\n\nNot entirely sure if this is the best place for this question, but I'm just wondering if there's any danger of it becoming problem down the line. Also, I apologize if I'm misunderstanding the usage of copyright, but as a relatively new author, I'm trying to make sure I'm not setting myself up for trouble in the future.\n\n\n","text_label":"copyright","title":"Copyright law for an author: Can a word be copyrighted?"} {"Id":9108,"PostTypeId":1,"CreationDate":"2016-05-09T08:56:37.057","Score":0,"ViewCount":448.0,"LastActivityDate":"2016-05-09T16:22:54.903","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"Is it legal\/ right if I create a texture pack of about 20 downloaded textures and 20 normal maps, and then sell it on an online store? All the textures are CC0 licensed.\n\n\n","text_label":"copyright","title":"Sell cc0 images"} {"Id":43859,"PostTypeId":1,"CreationDate":"2019-08-18T19:29:37.413","Score":0,"ViewCount":283.0,"LastActivityDate":"2019-08-18T19:43:07.963","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I am co-Administrator of a private FaceBook group of former students who attended my high school. I frequently take photos with my camera of photos printed in our high school yearbooks & post them in the group. Members enjoy seeing the old 50+ year old photos of students & teachers. \n One lady announced on the private FB page that I was breaking the law by posting photos of people without their permission. That I had no right to do so. I told her the yearbooks were sold to the public, so there was no expectation of privacy, plus I was taking the photos with my camera from the printed pages. (Many of the students are already deceased.) What is the law?\n\n\n","text_label":"internet","title":"Posting School Yearbook photos on private Group FB page made up of former students"} {"Id":18214,"PostTypeId":1,"CreationDate":"2017-04-05T22:55:53.127","Score":0,"ViewCount":39.0,"LastActivityDate":"2017-04-08T13:34:19.673","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Can we have a product X which gets both a copyright & a patent?\n\n\nI'm particularly interested in the case of Software since its content overlaps with both Copyright & Patent. But someone told me that the same subject matter cannot be protected under different IPRs (Copyright & Patent). \nSo, Pure Software is protected by Copyright and Software with a Technical Component is protected by Patent.\n\n\nI'm trying to figure out if the TRIPS agreement places any such rule (same subject matter cannot be protected under different IPRs).\n\n\n","text_label":"intellectual-property","title":"Any rule in the TRIPS agreement which prohibits same subject matter to be protected by different IPRs?"} {"Id":65166,"PostTypeId":1,"CreationDate":"2021-05-21T02:03:07.067","Score":2,"ViewCount":108.0,"LastActivityDate":"2021-05-21T04:30:03.233","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"I was wondering whether watching a video that was uploaded without permission from the copyright holder was illegal. Also...\n\n\n1. Which country\u2019s laws apply if a lawsuit were to arise? For example, if a person in Country A accessed content owned by a company in Country B using software from Country C, which country would the person be legally liable to, in case of a lawsuit?\n2. Does it make a difference whether the site is legal or illegal? It seems reasonable to expect pirated content on an illegal site, but on a site like YouTube, it would be difficult for users to know whether the copyright holder is okay with the file being uploaded.\n3. YouTube actually runs on a download system, storing the file in the browser cache. How would that affect legal complications?\n4. What is the expected maximum penalty for streaming privately? I read that it was $750 per clip, but I am not sure if this is correct.\n5. How much of a video clip could be considered Fair Use, approximately? Clearly, taking a few minutes of a movie is generally considered Fair Use, but a full movie being uploaded is probably not. Where is the threshold approximately?\n\n\n","text_label":"copyright","title":"How do various factors affect the legality of streaming?"} {"Id":61239,"PostTypeId":1,"CreationDate":"2021-02-16T15:16:10.753","Score":0,"ViewCount":168.0,"LastActivityDate":"2022-03-15T01:06:40.690","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I am just entering the field of web development and I was wondering if the Javascript language has a license for the development of web applications for commercial purposes or there is a fee to pay for its use (for commercial purposes). I have been looking for information but I am not sure if it is in charge of Mozilla or Ecmascript, I have even read that \"Javascript\" is a registered trademark of Oracle, but in either case I cannot find anything regarding the license. Could you help me by indicating if the use of this language to develop web applications commercially is free or if you know the license, please indicate it to me?\n\n\nThanks,\n\n\nDaniel\n\n\n","text_label":"licensing","title":"Javascript license"} {"Id":14169,"PostTypeId":1,"CreationDate":"2016-09-23T11:45:34.827","Score":5,"ViewCount":167.0,"LastActivityDate":"2019-01-07T05:01:20.223","AnswerCount":1.0,"CommentCount":6,"ContentLicense":"CC BY-SA 3.0","body":"An art instructor who charges for his courses is using one of my photographs in his class. All the students including himself have painted the photograph and he has posted his painting on his site. I did not give permission to any of these people to paint my photograph. This is my most popular photograph which I sell in many shops in the area (I live in Canada). Is my copyright infringed and what can I do to remedy it?\n\n\n","text_label":"copyright","title":"Copyright infringement in paid course"} {"Id":60155,"PostTypeId":1,"CreationDate":"2021-01-14T10:47:35.037","Score":-1,"ViewCount":70.0,"LastActivityDate":"2021-01-14T17:19:41.770","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 4.0","body":"If a company brings on a new director, are they obliged to share their IP with that new director?\n\n\nAnd what about if they were to bring on a new shareholder \u2014 would they be obliged to share their IP?\n\n\n","text_label":"intellectual-property","title":"Do Directors of a company have automatic right to access that company's IP?"} {"Id":25992,"PostTypeId":1,"CreationDate":"2018-02-11T17:30:50.927","Score":1,"ViewCount":114.0,"LastActivityDate":"2018-02-12T00:45:15.903","AnswerCount":1.0,"CommentCount":5,"ContentLicense":"CC BY-SA 3.0","body":"I was wondering if manufacturers of any country are legally bound to print the true origin of the product while exporting to other country? If yes, who makes sure they are printing the real origin of the product?\n\n\n","text_label":"business","title":"What stops Chinese companies from printing \u201cMade in US\u201d on their products?"} {"Id":4489,"PostTypeId":1,"CreationDate":"2015-10-15T19:54:01.847","Score":3,"ViewCount":115.0,"LastActivityDate":"2015-12-04T19:24:09.983","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"How can I protect the personal information contained within my C.V., cover letter, letters of recommendation from unauthorized sharing?\n\n\nI have been a victim of identity theft, so I seek to now find ways of limiting the exposure of my personal information to any entity I come across, including employers.\n\n\nI thought it would be to my benefit to have a confidentiality disclaimer page stating that I do not consent to the sharing of this information without my prior approval. I've heard of employers selling applicant information, or sharing it, and I just want a way to protect against that; if that's even possible.\n\n\n","text_label":"privacy","title":"How to protect privacy vis-a-vis sending resume to potential employer?"} {"Id":6331,"PostTypeId":1,"CreationDate":"2016-01-11T16:17:47.510","Score":2,"ViewCount":132.0,"LastActivityDate":"2020-11-03T15:01:00.100","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"I do not want to serve a complete notice period (3 months) for the MNC (multi-national company) in India I currently work for. I would like to serve only one month notice period, and although I am ready to pay for not completing the full notice period, HR is not allowing me to do this. Instead, they keep insisting that I need to complete the full notice period. This is creating an issue for me and it is not allowing a smooth transition for my new job.\n\n\nWhat legal action can be taken?\n\n\n","text_label":"contract-law","title":"3 month notice versus 1 month notice"} {"Id":9593,"PostTypeId":1,"CreationDate":"2016-05-30T22:35:30.243","Score":0,"ViewCount":267.0,"LastActivityDate":"2016-05-31T01:01:35.853","AnswerCount":3.0,"CommentCount":5,"ContentLicense":"CC BY-SA 3.0","body":"[Does this contract meet the requirements to be enforced by a court](https:\/\/docs.google.com\/document\/d\/17axpOjt3IKJSsX3ofCxW7NFUtOZjHGjxpmLQUfylQyM\/edit?usp=sharing)? If not, what challenges might be raised?\n\n\n\n> \n> ### Promissory Note\n> \n> \n> Principal Amount: \u00a3500.00 GBP\n> \n> \n> Date:\n> \n> \n> 1. For value received, the undersigned (the \u201cPromisor\u201d) at \\_\\_\\_\\_\\_\\_\\_\\_\\_, promises to pay to the order of \\_\\_\\_\\_\\_\\_\\_(the \u201cPromisee\u201d) at \\_\\_\\_\\_\\_\\_\\_\\_ the sum of \u00a3500 shall the Promisor fail to meet his target of 47.5 work hours per week between 6th - 26th June 2016.\n> 2. Sum shall be paid in full within seven days of the end date of said period.\n> 3. This agreement will be governed and interpreted according to English law. All disputes and claims arising under the Agreement (including non-contractual disputes and claims) will be subjected to the exclusive jurisdiction of the English courts.\n> \n> \n> Promissor (name):\n> \n> \n> Promissor (signature):\n> \n> \n> Date:\n> \n> \n> \n\n\n","text_label":"contract","title":"Is this contract valid?"} {"Id":56235,"PostTypeId":1,"CreationDate":"2020-09-12T09:42:34.103","Score":1,"ViewCount":57.0,"LastActivityDate":"2020-09-12T22:46:49.520","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"Related to this question [What is the point of authority to sign clauses in contracts?](https:\/\/law.stackexchange.com\/questions\/56207\/what-is-the-point-of-authority-to-sign-clauses-in-contracts\/56217#56217)\n\n\nThe simplest example I can think of is a work contract. Manager Bob signs a contract saying you will get paid $20\/hr to work at Jo Pizza. Is the contract between you and Bob or you and Jo Pizza (an incorporated business)? Are there any common terms in contracts that make it clear? Do 'authority to sign' clauses have anything to do with it?\n\n\nIs this why contracts are often written in the form:\n\n\n\n> \n> This Agreement is entered into by and between Sam (an individual) and\n> Jo Pizza (a Delaware Corporation).\n> \n> \n> Sam will make good pizza and get paid $20\/hr. Payment happens on ...\n> \n> \n> In witness where of:\n> \n> \n> Sam's signature:\n> \n> \n> Bob's signature (general manager of Jo Pizza):\n> \n> \n> \n\n\n","text_label":"contract-law","title":"How do you know if person agreeing to contract is agreeing as an individual or binding company?"} {"Id":33876,"PostTypeId":1,"CreationDate":"2018-11-28T15:53:50.480","Score":1,"ViewCount":1250.0,"LastActivityDate":"2018-11-28T16:04:45.573","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"I have an online resume website that I created, and I list the logos of companies I've work with over the course of my career. Rather than a dry date list of work experience, I'm just listing the names and logos of the companies on the website. I even have a disclaimer stating this in no way represents endorsement or sponsorship.\n\n\nI assume this use of the names \/ logos is considered fair use, an anyone can put a companies name or logo on their resume to state where and who they've work with when talking about their work experience \/ history. This is exactly what I'm doing here, and what happens when people fill out their LinkedIn profiles too.\n\n\nIs is considered trademark fair use to use a company logo on your resume?\n\n\nMy website is an online resume \/ portfolio to use as a digital resume outside of LinkedIn or other places. For reference, it's located here: \n\n\n","text_label":"trademark","title":"Is it trademark fair use to use company name\/logo on your resume?"} {"Id":58951,"PostTypeId":1,"CreationDate":"2020-12-06T04:49:30.550","Score":1,"ViewCount":64.0,"LastActivityDate":"2020-12-06T08:18:02.107","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"In the European Union (EU) there is a clash between direct and indirect personal data.\n\n\n1. Internet Service Providers (ISP) can use the IP address to identify personal data.\n2. The provider of the webservice cannot use the IP address to identify personal data.\n\n\nThis does mean the provider of the webservice can identify the personal data only indirectly via the ISP.\n\n\nSo in Germany, there usually is the term in **General Terms & Conditions**:\n\n\n\n> \n> \"Eine Nutzung der Internetseiten der (...) ist grunds\u00e4tzlich ohne jede Angabe personenbezogener Daten m\u00f6glich.\"\n> \n> \n> (Translation: The usage of the internet sites of (...) is basically possible without any expose of person-bound information.)\n> \n> \n> \n\n\nFollowing a [text of the EU](https:\/\/eur-lex.europa.eu\/LexUriServ\/LexUriServ.do?uri=CELEX:31995L0046:en:html) there is a line:\n\n\n\n> \n> \"(a) 'personal data' shall mean any information relating to an\n> identified or identifiable natural person ('data subject'); an\n> identifiable person is one who can be identified, directly or\n> indirectly, in particular by reference to an identification number or\n> to one or more factors specific to his physical, physiological,\n> mental, economic, cultural or social identity;\"\n> \n> \n> \n\n\nSays that IP addresses for\n\n\n1. Physical\n2. Physiological\n3. Mental\n4. Economic\n5. Cultural\n6. Social\n\n\nidentities are personal data, no matter if directly or indirectly.\n\n\nQuestion\n========\n\n\nAssuming we have a website in a social identity, so an IP address is a personal data. Can we still say:\n\n\n\n> \n> The usage of the internetsites of (...) is basically possible without\n> any expose of person-bound informations.\n> \n> \n> \n\n\n?\n\n\n","text_label":"privacy","title":"IP address as privacy-data in European Union (EU) for specific social identities"} {"Id":36148,"PostTypeId":1,"CreationDate":"2019-01-12T23:03:42.780","Score":2,"ViewCount":296.0,"LastActivityDate":"2019-01-31T19:31:31.137","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"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? \n\n\n","text_label":"copyright","title":"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"} {"Id":13,"PostTypeId":1,"CreationDate":"2015-05-26T21:56:48.253","Score":8,"ViewCount":396.0,"LastActivityDate":"2015-05-26T23:39:28.217","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Is there any way to present a case to the grand jury if the prosecuting attorney is unwilling to do so? \n\n\n","text_label":"criminal-law","title":"Is there any way to bring a criminal case before the grand jury without the support of the Prosecuting Attorney?"} {"Id":26593,"PostTypeId":1,"CreationDate":"2018-03-06T18:43:54.967","Score":0,"ViewCount":78.0,"LastActivityDate":"2018-03-07T00:04:41.030","AnswerCount":2.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"I am thinking of running an algorithm on TV shows which will output a written account of each show's contents. An example would be a written copy of the recipe used in a cooking show, which would be almost verbatim, but not a complete transcript and probably without any overall synopsis; just a few parts of the show. That being said, the algorithm would have to \"watch\" the whole show to discover the relevant parts.\n\n\nWould I need a license from the owner of the show's copyright before doing so?\n\n\nWould the answer be different if I watched the show myself, copied down the recipe by hand, and put it on a (commercial) website?\n\n\n","text_label":"copyright","title":"Commercial \"natural language processing\" algorithm on TV shows"} {"Id":22058,"PostTypeId":1,"CreationDate":"2017-08-19T04:27:12.153","Score":2,"ViewCount":136.0,"LastActivityDate":"2017-09-18T18:24:11.833","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Is it legal for a company founder to add to the bylaws that nobody has the power to fire him as ceo (law in Colorado, The United States of America)\n\n\n","text_label":"business","title":"Can a founder use bylaws to prevent being fired by the board"} {"Id":58715,"PostTypeId":1,"CreationDate":"2020-11-28T14:20:16.037","Score":0,"ViewCount":52.0,"LastActivityDate":"2020-11-28T23:44:22.753","AnswerCount":1.0,"CommentCount":4,"ContentLicense":"CC BY-SA 4.0","body":"The Srebrenica massacre of Bosnian Muslims constituted one of the main charges of genocide against the Serb forces at The Hague International Criminal Court for the Former Yugoslavia. Here, the Serb forces deliberately mixed up the remains of the victims in five separate locations so as to hinder identification.\n\n\nBut does not this itself show that the Serb forces were well aware of the gravity of the crime against them by how they were attempting to hide the evidence? It's not a question of hindsight, they knew well what was international and customary law.\n\n\n**Q. Why was it neccessary for the Hague to establish 90% verification of the identity through DNA analysis when such a bar of evidence wasn't neccessary at the Nuremberg Trials?**\n\n\n","text_label":"criminal-law","title":"Why was it neccessary for The Hague to establish the identity of all the people murdered in the Srebrenica Massacre?"} {"Id":52467,"PostTypeId":1,"CreationDate":"2020-06-17T19:35:29.760","Score":0,"ViewCount":153.0,"LastActivityDate":"2020-06-19T09:18:24.900","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"We purchased a wordpress plugin with a perpetual license. The software plugin constantly phones home to check the license is used on the domain it was purchased for use on. However, if the our wordpress administration panel, where the plugin is installed, is accessed from the IP address of the site and not the domain, the license is deactivated, because the plugin phones home from the IP address and not the domain. As a result, we need to reactivate the license.\n\n\nDo we not own the software?\n\n\nDoes the concept of \"quiet enjoyment\" apply here?\n\n\nWhat about the concept of \"hidden defects\"? The fact that every time, for whatever reason, our site is accessed from its' IP address and not the domain, it triggers a revocation of the license. Moreover, this time it caused damage to our business by both disabling the software\/plugin and as a result the website, and when it was reactivated the database was corrupted and we lost all data between the deactivation and reactivation and ever since until it was fixed, about a week.\n\n\n[This is the license.](https:\/\/codecanyon.net\/licenses\/terms\/regular)\n\n\n","text_label":"software","title":"Can a software company deactivate my licensed software remotely?"} {"Id":41798,"PostTypeId":1,"CreationDate":"2019-06-05T18:25:04.130","Score":1,"ViewCount":150.0,"LastActivityDate":"2019-06-07T06:58:20.207","AnswerCount":2.0,"CommentCount":5,"ContentLicense":"CC BY-SA 4.0","body":"Imagine a disorderly charge for a first-time offender who pleaded guilty.\n\n\nThe defendant appealed the case and was granted a remand.The defendant now has a charge on his record for disorderly conduct, and has paid high court costs and fines.\n\n\nCould the defendant file a motion to vacate, withdraw plea or what?\n\n\n","text_label":"criminal-law","title":"Municipal Court Remand New Jersey Help"} {"Id":9299,"PostTypeId":1,"CreationDate":"2016-05-17T14:22:54.103","Score":3,"ViewCount":719.0,"LastActivityDate":"2016-05-17T14:49:14.437","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"I want to make a product (call it A) compatible with another proprietary product (B). So if I take product B and then reverse engineer the protocol by watching network traffic, I could produce a document describing the protocol. Then, lets say I give the document to another engineer. He implements the protocol based on the document, without himself being involved in the original reverse engineering of product B. Is it legal for me to use that new \"green\" protocol implementation in product A?\n\n\n","text_label":"intellectual-property","title":"Legality surrounding reverse engineering protocols?"} {"Id":11432,"PostTypeId":1,"CreationDate":"2016-07-07T17:39:49.963","Score":3,"ViewCount":971.0,"LastActivityDate":"2016-07-08T05:19:58.617","AnswerCount":4.0,"CommentCount":1,"ContentLicense":"CC BY-SA 3.0","body":"During the House hearing today (July 7, 2016) Director Comey implied that section 793 of Title 18 might be unconstitutional as to applying the \"gross negligence\" standard to Hillary Clinton. What is the law that supports this reasoning as to unconstitutionality?\n\n\n","text_label":"constitutional-law","title":"Why might Title 18 Section 793 be unconstitutional?"} {"Id":78086,"PostTypeId":1,"CreationDate":"2022-02-23T20:57:41.373","Score":0,"ViewCount":92.0,"LastActivityDate":"2022-02-24T01:29:39.003","AnswerCount":2.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"Suppose a Canadian subscription website is created providing valuable information on certain properties of a product to consumers.\n\n\nUnfortunately, a mistake was made where some images on the website were taken from an online source that broke copyright laws in US. These images were quickly taken down to settle this problem. However, the opposition in question continued to try and sue for more, claiming that the information on these properties were taken from them (which is apparently incorrect and lacks proof), but they continue to drag this on in an assumed attempt to try and make the defendant basically spend all their money fighting this off before it gets before a judge.\n\n\n**My questions is**: to what end can something like this continue to be dragged out?\n\n\n","text_label":"copyright","title":"Question about US law being sued in Canada"} {"Id":21883,"PostTypeId":1,"CreationDate":"2017-08-10T19:12:37.567","Score":-2,"ViewCount":55.0,"LastActivityDate":"2017-08-11T01:04:01.817","AnswerCount":1.0,"CommentCount":4,"ContentLicense":"CC BY-SA 3.0","body":"I'm currently writing a companion to the popular game Overwatch, and have realized early into development that I don't want to put time into this and then find out I can't use it for legal reasons.\n\n\nMy program will contain information that is copied from different sites and locations, including Overwatch itself, as well as several websites. I am fully willing and even eager to include the authors of the information, but I'm worried that Blizzard will try to murder me legally for attempting to use data from their game.\n\n\nIt will not cost anything, and I will not make any money except for donations. How legal, if at all, is this?\n\n\n","text_label":"copyright","title":"Legal Binding on a Game Based Companion"} {"Id":79225,"PostTypeId":1,"CreationDate":"2022-04-09T07:49:04.133","Score":2,"ViewCount":166.0,"LastActivityDate":"2022-05-09T09:03:50.367","AnswerCount":1.0,"CommentCount":5,"ContentLicense":"CC BY-SA 4.0","body":"The Indian wife of the UK Chancellor of the Exchequer has now said that while she will in future pay UK tax on her foreign income, she will retain her non-domiciled status.\n\n\nIs there any choice here? The question of domicile, as I understand it is not one of form but of fact. Domicile, as I understand it, is a common-law status which is determined by the circumstances. It is not something for which one can apply, or discard when no longer needed.\n\n\nThere are two types of domicile - domicile of origin (that with which one is born) and domicile of choice, determined by a multiplicity of one's life choices concerning where to live etc. And most importantly one's future intentions - as expressed in such things as what nationalities, residence statuses etc that one has acquired.\n\n\nAnd presumably, if she now begins to file tax returns as a UK domiciled person, it will add to the evidence that she has lost her Indian domicile - will it not?\n\n\nBut having said that - I don't think she has said she will file domiciled returns - merely that she \"will pay UK tax on her overseas income\". Anyone can pay more tax that they need pay - one can I assume voluntarily choose to do that.\n\n\n","text_label":"tax-law","title":"Does Mrs Sunak have any choice in the matter?"} {"Id":1899,"PostTypeId":1,"CreationDate":"2015-08-18T04:33:28.900","Score":13,"ViewCount":9139.0,"LastActivityDate":"2015-08-18T05:35:33.803","AnswerCount":1.0,"CommentCount":2,"ContentLicense":"CC BY-SA 3.0","body":"I'm not a law student, but I'm very interested in the topic and learning in general. \n\n\nI got curious about contracts and signatures recently, so I wondered if there have been cases where contracts have been voided because of invalid signatures. \n\n\nWhat constitutes a person's official signature, and what are the criteria (if any) for the validation of one's signature?\n\n\n","text_label":"contract-law","title":"How to prove the genuinity\/nongenuinity of a signature?"} {"Id":51935,"PostTypeId":1,"CreationDate":"2020-05-30T23:08:49.420","Score":0,"ViewCount":85.0,"LastActivityDate":"2020-06-04T18:17:19.333","AnswerCount":2.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"Is a dislocated shoulder or broken arm bone more severe?\n\n\nMy argument is that a dislocated shoulder has potential for repeat dislocation and therefore is a more aggravated lasting injury. Which is considered more severe, a broken arm bone or dislocated shoulder?\n\n\n","text_label":"criminal-law","title":"Which is more severe in an aggravated assault case?"} {"Id":45067,"PostTypeId":1,"CreationDate":"2019-09-27T19:56:49.123","Score":2,"ViewCount":544.0,"LastActivityDate":"2019-09-27T23:42:59.730","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"['reduced into possession' isn't just worded for animals.](https:\/\/www.usingenglish.com\/forum\/threads\/204909-(Legal)-reduced-to-possession)\n\n\n1. 'reduce' here doesn't feel like ordinary meaning. What does it mean? I quote [Etymonline](https:\/\/www.etymonline.com\/search?q=reduce) because legalese can deceivingly use common words today but actually aim for some bygone meaning.\n\n\n[![enter image description here](https:\/\/i.stack.imgur.com\/xZfs3.jpg)](https:\/\/i.stack.imgur.com\/xZfs3.jpg)\n\n\n2. Why not just use 'possess'?\n\n\nHerring, [*Criminal Law: Text, Cases, and Materials* (8 edn, 2018)](https:\/\/global.oup.com\/academic\/product\/criminal-law-9780198811817?cc=ca&lang=en&). p. 493\n\n\n\n> \n> ### Wild creatures\n> \n> \n> These are dealt with by section 4(4) of the Theft Act 1968, which provides:\n> \n> \n> \n> > \n> > Wild creatures, tamed or untamed, shall be regarded as property; but a person cannot steal\n> > a wild creature not tamed nor ordinarily kept in captivity, or the carcase of any such creature,\n> > unless either it has been **reduced into possession [emboldening mine]** by or on behalf of another person and\n> > possession of it has not since been lost or abandoned, or another person is in course of **reducing\n> > it into possession**.\n> > \n> > \n> > \n> \n> \n> The key distinction drawn in this section is between tamed creatures (e.g. pets), wild\n> creatures kept in captivity (e.g. wild animals kept in a zoo) or **reduced into possession** (e.g.\n> wild animals which have been trapped), and wild creatures not kept in captivity. Tame\n> animals are treated as property and can be stolen. Similarly, wild animals kept in captivity\n> or **reduced into possession** can be stolen.8 However, wild animals not kept in captivity are\n> not property and cannot be stolen.\n> \n> \n> [....]\n> \n> \n> 8 *Cresswell v DPP* [2006] EWHC 3379 (Admin) held that wild badgers were not property.\n> \n> \n> \n\n\n","text_label":"criminal-law","title":"reduce into possession"} {"Id":45825,"PostTypeId":1,"CreationDate":"2019-10-24T23:35:14.013","Score":2,"ViewCount":61.0,"LastActivityDate":"2019-11-04T01:49:12.117","AnswerCount":2.0,"CommentCount":0,"ContentLicense":"CC BY-SA 4.0","body":"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). [Scanned p 225](https:\/\/i.stack.imgur.com\/P6gae.jpg).\n\n\n\n> \n> 1. Where the claimant refuses to continue with the contract, the court must decide whether this amounts to rescission (limiting her to reliance damages) or termination (preserving her right to expectation damages).\n> 2. Since the threshold for termination is very high (it is only available for \u2018serious\u2019 breaches (12.2.2)), a claimant may find that she has unwittingly rescinded the contract (eg by returning defective items), thereby extinguishing her right to potentially superior contractual damages.\n> \n> \n> \n\n\nI don't understand 2. Why would returning defective items be worth less than contract damages?\n\n\n","text_label":"contract-law","title":"Why would contractual damages be superior to returning defective items?"} {"Id":60167,"PostTypeId":1,"CreationDate":"2021-01-14T18:30:40.293","Score":-3,"ViewCount":40.0,"LastActivityDate":"2021-01-14T19:29:57.027","AnswerCount":1.0,"CommentCount":1,"ContentLicense":"CC BY-SA 4.0","body":"I am doing an interview process with a company and and they want me to sign a contract which says that i agree with their economical offer before i do the final round of interviews, i am thinking that this is very weird, because depending on what they say to me on the last round of interviews i may not want to work with them, or they do not want to work with me, they what should i do?\n\n\nIt is my first time here, if there is anything else i can do to improve my question, then please let me know.\n\n\n","text_label":"contract-law","title":"Should i sign a contract agreeing with an economical offer to work for a company before the last interview?"} {"Id":30599,"PostTypeId":1,"CreationDate":"2018-07-29T20:28:51.127","Score":0,"ViewCount":77.0,"LastActivityDate":"2018-07-29T23:06:47.670","AnswerCount":1.0,"CommentCount":3,"ContentLicense":"CC BY-SA 4.0","body":"I was recently made redundant after working at the company for just over a year.\n\n\nI was given no indication before hand that I personally might be made redundant (although other departments in the company had just gone through redundancies, but this was over a month before) and did not go through a consultation period, I was called into a room with HR and my manager and basically told I was being made redundant and that while given a months notice I was not expected to work it and made to leave the building.\n\n\nMy question is that it was my understanding that the process of redundancy was the employees had to be notified about the potential redundancy or at least have a consultation period so they can ask questions or raise any objections?\n\n\nThis was in the UK.\n\n\n","text_label":"employment","title":"Redundancy with no consultation"} {"Id":8448,"PostTypeId":1,"CreationDate":"2016-04-08T15:20:08.223","Score":2,"ViewCount":479.0,"LastActivityDate":"2016-04-10T15:50:19.840","AnswerCount":1.0,"CommentCount":0,"ContentLicense":"CC BY-SA 3.0","body":"Can an illustration from a Children's book be drawn by an artist (muralist) on a wall of a public building without asking the artist's permission? I think that some things, like songs, written before a certain year are in the public domain and therefore allowed to be used -- does the same apply to artwork? Specifically, I'd like to paint a scene from Sendak's *Where the Wild Things Are* for a public library and need to know if this can be done. Thanks.\n\n\n","text_label":"copyright","title":"Can I legally copy a book illustration for a wall mural in a public building?"}