I am looking for some advice on copyright infringement.
We 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’t ask for copyright) and we published the photo thinking it was OK.

But 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’t have money.

They replied in identical terms they told @user1889580 “you have infringed on our client's image, pay us right away to avoid legal issues”, etc.

So, I reply with a more comprehensive letter, apologising again, explaining that we don’t’ 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’t receive more than 30 pounds a year. So, I said I would paid something, from my own pocket.

They haven’t 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’t act ethically, they act as scam and there are many complains. Plus I found this: “In view of German copyright law and the respective jurisdiction of the German courts, the amount that Copytrack claims is far too high”.

The 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’t charge for their services to their clients, so the way to get their fees is by doing this.

I am are aware copyright infringement is something serious and we respect other people’s work, but I want all this managed in a fair, ethical and reasonable manner from both sides.

I 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’t have money and me either, so I I have asked for a symbolic fee or for the minimum amount.

I am still checking and doing some research but I would appreciate your advice.

How to negotiate a payment for copyright infringement?


Assume, there's a model called **CustomerDetails**, which contains the following properties:

* ContactEmail - an email address for contacting purposes,
* ContactAddress - a postal address for contacting purposes,
* DefaultDeliveryAddress - default address for delivery when creating orders,
* DefaultInvoiceAddress - default address to be printed on invoice, when creating orders,
* and other properties.

All entities in the system are by default audited, ie. they contain change log / revisions history.

Any user can change own CustomerDetails data by himself/herself.

If user changes that information via web-interface, then what is correct:

* there can be no trace of previous information: no revisions history for the CustomerDetails entity, or
* there must be a possibility to delete own revisions for user: extra user interface to view+delete revisions, or
* there is only obligation to delete revisions of CustomerDetails, if Right to erasure (‘right to be forgotten’) is exercised?

Is revision history (audit/change log) compliant with GDPR's right to rectification?


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.

I'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.

A few examples of the ambiguous situations I can think of:

I 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.

Likewise 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.

However, 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?

What 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?

How does one determine if illegal goods were accepted if an individual who has both legal and illegal source of income pays another party?


The Criminal Code of Canada provides that

>
> **Application to territories**
>
>
> 8 (1) The provisions of this Act apply throughout Canada except
>
>
> (a) in Yukon, in so far as they are inconsistent with *the Yukon Act*;
>
>
> (b) in the Northwest Territories, in so far as they are inconsistent
> with the *Northwest Territories Act*; and
>
>
> (c) in Nunavut, in so far as they are inconsistent with the *Nunavut
> Act*.
>
>
>

Why was this provision necessary? Which part of the Criminal Code is inconsistent with the territorial devolution acts?

Or, is this simply a declaratory provision that devolves certain power to the territorial governments?

Which part of the Criminal Code does not apply in the territories?


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.

I want to use those images in my website, can I do it without risking being sued for copyrights violations?

Creating an image derived from a stock image


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?

How does Akinator not violate copyright law?


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?

Since 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?

Where do personal blogs stand with lawsuits?


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.

How can a website operator be protected from copyright claims


In April 2016 The DAO was launched (see <https://daohub.org/>, [The DAO on Wikipedia](https://en.wikipedia.org/wiki/The_DAO_%28organization%29)).
It 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.

One 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.

Another core feature is that those investments are made completely anonymously.

So 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?

Which law would apply in such a case? The law of the country the project is located in?

And 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)?

So what steps should be taken / what improvements should be made in order to make investments via a DAO safe?

How can DAOs assure the payout from successful investments as specified in smart contracts


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.

Weather my comments committed coercion in the second degree in NY?


I live in California. Soon I will hire a household employee to cook meals for me in my home.

Per California OSHA law the employee must be given and read a kitchen safety manual.

Must I pay the employee for the time spent reading the kitchen safety manual?

Must I pay new employee for reading the safety manual?


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?

Does this change if the rental space is owned by the government?

I 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.

Does the lessor of a rental space have standing to deny an act or performer from renting the space?


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

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


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?


From the footer on all SE sites, user contributions are licensed as CC BY-SA 3.0:

>
> site design / logo © 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/).
>
>
>

Whilst 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.

And so my question is how could you dual license code in a code block?

---

I think something like the following would work, but I'm not sure if it's ok:

>
> 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)
>
>
>
> ```
> print("Hello World")
>
> ```
>
>

How to dual licencing code on SE


Like many consumers these days, I now depend on home delivery for many of my 'non-essential' items.

I 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.

In 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")

I 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)

In the past, "Made in U.S.A." meant something.

Is "USA Made" just a weasel-word, or is it actually another way to say "Made in the USA"?

How to interpret "USA made"


I'm working on a NFP organisation constitution with a group of fellow members - we're very small.

There 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.

Any suggestions for simpler opening? Perhaps there is a legal reason for such language and it should stay?

Is there a better way to say "Save as provided in this Constitution..."


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?

Consider this image, for example: <https://en.wikipedia.org/wiki/File:Der_ewige_Jude_poster.jpg>

It was created for a Nazi propaganda film by Hans Schweitzer, who is now deceased.

The owner would presumably be the National Socialist Party, which is now defunct. That would place it in the public domain.

But could the U.S. government or some other Western entity claim the copyright rights to this image?

Copyrights on Nazi Media


Can a building management company charge me for work - cleaning up, fixes, etc. - that are the result of other residents' actions?

Eg 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?

Building management company: Can I be charged for something not my responsibility?


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.

The 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.

I've noticed that several online vendors are selling items with the Trystero symbol, and I wonder if any legal rights issues come into play.

For 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.

There is also a coffee roaster that has named itself [Trystero Coffee](http://www.trysterocoffee.com/), and has the symbol on its products.

The above products and business openly acknowledge use of the name and symbol as an homage to the novel.

I'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.

Could Trystero the organization and its symbol be afforded such protection? Are these vendors simply not being persued?

IP rights for an element from a story?


>
> 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.
>
>
>

[source](https://edition.cnn.com/2021/01/08/politics/capitol-police-officer-killed/index.html)

I am not a lawyer, not even American, so perhaps someone (who is both) could tidy up this next bit ...

I 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?).

So, for instance, a getaway driver parked around the corner can be charged with murder if an accomplice kills a bank teller during a robbery.

Could 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.

Could all participants of the recent Capitol invasion be charged over the death of Officer Brian D. Sicknick?


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.

Are the names of guns protected under copyright law in the US?


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?

Is it illegal to break a contract?


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

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

The specific [wording of the most popular licenses](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?

Possibly relevant cases:

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

Duration of a license granted without specific bound


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.

>
> Under contract law, a plaintiff can recover compensatory damages
> against a defendant when a court finds that the defendant has
> committed fraudulent misrepresentation. Courts will typically find
> that a defendant has committed fraudulent misrepresentation when six
> factors have been met:
>
>
> a representation was made
>
>
> the representation was false
>
>
> that when made, the defendant knew that the representation was false
> or that the defendant made the statement recklessly without knowledge
> of its truth
>
>
> that the fraudulent misrepresentation was made with the intention that
> the plaintiff rely on it that the plaintiff did rely on the fraudulent
> misrepresentation
>
>
> that the plaintiff suffered harm as a result of the fraudulent
> misrepresentation
>
>
>

<https://www.law.cornell.edu/wex/fraudulent_misrepresentation>


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?

I 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?

For amateur recordings, who owns the video? The camera man or performer?


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.

Can I sue an employer for not providing the active employment I was promised?


Ireland tax rate is low. 15%.

However, Seychelles tax rate is even lower. It's 0%.

So why bother incorporating in Ireland?

I mean are there any laws in US, Ireland, or Seychelles that motivate IT companies to incorporate in Ireland instead of tax haven like Belize?

Why do tech companies incorporate in Ireland instead of Seychelles?


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.

Is this copyright infringement?

Am I allowed to cut a 1 second scene from a movie and use it in my 10 minute YouTube video


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.

I 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.

Do 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?

How to avoid image copyright infringement


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?

Writing theater play based on a movie (translated)


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?

Using a trademarked item in another product


My research has led to unexpected discoveries and areas of learning relevant to the artisan.

Academic 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.

[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.

Both authors point out that the Lanham act as written is directed against misrepresentation and identity theft, becasue this harms the public.

Both authors seem to deplore the admittedly inevitable evolution in an increasingly commercialized society where trademarks war against each other.

Both authors wonder:

Why should the government be involved with protecting the rights of commercial trademarks? I came across this article by accident while
doing research. I would like to know about the Lanham Act in practice.

My Question:

As 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?

Is the Lanham Act used to protect commercial trademarks? or for protecting the public from fraud?


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?

Does anything change depending on the month that the pregnancy had reached?

What crime is killing a foetus without the mother's consent?


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

Would something like the holocaust be legal today


I signed an internet contract with a fake address in California. I live in Georgia.

Am I under California or Georgia jurisdiction?

Contract does not specify.

Jurisdiction in this case?


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:

*You may view or listen to Content for your personal, non-commercial use.*

How to correctly interpret viewing and listening to Content for commercial use?

Does watching YouTube's videos at work violate YouTube's Terms of Service


Consider the following scenario.

I 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.

Can 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.

Income tax from digital goods


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?

Thank you!

Best regards

Comparison portal is allowed to copy the product descriptions from manufacturer?


A software company are refusing to cancel a subscription product I have with them which renewed in 16th July 2017 unless I pay a £239.40 early cancellation fee. The subscription began in 2014.

They have no record of my approval, just a record that I didn't disapprove it.

[![enter image description here](https://i.stack.imgur.com/mi6Q0.png)](https://i.stack.imgur.com/mi6Q0.png)

They also refuse to cancel it in the future, and obviously cannot cancel it in the past.

[![enter image description here](https://i.stack.imgur.com/XN0N9.png)](https://i.stack.imgur.com/XN0N9.png)

Where do I stand with this sort of behaviour?

Is an autogenerated, opt-out email legally binding


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.

Is there an equivalent in the USA?

Equivalent of the French SACEM in the USA?


Where can I find a lawyer for victims of cyberstalking? One can find a criminal defense lawyer but not the one help these victims.


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?

---

ETA: Exempt was not specified on the W-4 and no taxes were taken out of the paychecks at all.

W-4 filled out, no taxes take out of paycheck?


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.

So 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?

Can a schedule be a separate attachment in an email?


Assume the following situation:

* foreign national in the US
* working visa (e.g. H1-B)
* living permanently in the US, no other address, paying all taxes in the US
* savings account in home country (Europe)
* savings account incurs interest

Is there a threshold for declaring the interest incurred in a foreign country (income) when filing a US tax report?

Is there a threshold for declaring interest income from a foreign country?


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?

Is it legal to store copyrighted content on other mediums for personal use?


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.

However, 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.

So what does Contract A really do, and who is bound by it?

In Canada's famous "Ron Engineering" case, what really is protected by Contract A?


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.

I 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.

Can criminal law be retroactive in the United States?


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.

So, if an employment contract has a clause which said ‘in order to resign you must kill a man’ that clause would not apply, because it would require illegal behaviour.

Or, 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.

And any other conditions of the employment contract (working hours, location, etc.) would still apply.

**My question is, could a company still keep illegal/unenforceable clauses in its contact, knowing full well these are indefensible in court?**

If it matters, let’s suppose the illegality of the clause has been determined before both parties signed.

Jurisdiction: answers from any are welcome, I am especially interested in the U.K. and Germany.

Is a contract allowed to have illegal / unenforceable clauses?


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.

What 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?

How to prevent/protect my rights to content I write (US)


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.

[![enter image description here](https://i.stack.imgur.com/X0MUs.png)](https://i.stack.imgur.com/X0MUs.png)

I 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.

Further 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.

I 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

I have created an App to help isolated people in Corona Virus lockdown. Do GDPR rules apply


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/)?
What is the need for this protocol?

What is the purpose of the protocol to the madrid system?


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?

Difference in severance package between 2 employees within a one month span


Assuming the following:

1. Alice has drawn a painting.
2. Bob has somehow (legally) gotten a photo/copy of this painting, but does not have any additional rights.
3. 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)
4. Charles finds the photo which has been clearly published under CC0 and uses it somewhere else

Obviously 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?

A 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.

The 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.

Who is responsible when an image was incorrectly published under a permissive license?


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’t find anything that states it is wrong, even though I know it is legally wrong.

Can a store clerk let a customer use their ID to buy cigarettes?


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?

Is publishing a web scraping script on Github to get data from a website to publish it on another place, illegal?


I wouldn't say illegal as in criminal. However, I've heard someone sue "Ghettopoly" and win.

I 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)

It says rules of the games cannot be copyrighted. What about likeness, etc.?

<https://en.wikipedia.org/wiki/Ghettopoly>

Says he has to pay damage. Why? It's obvious that ghettopoly is not the same with monopoly. Also I've heard parody is protected.

Is "Ghettopoly" legal?


Game art is under copyright of the designer or their company. When I play the game and take a screenshot, whose is the copyright?

* Mine, because I played the game to that point and created the screenshot file;
* The designer or their company, because they made the art?

What is the copyright status of game screenshots?


I am working on a software project that requires the use of a setup program. The one my company is using is InnoSetup.

On their [downloads page](https://jrsoftware.org/isdl.php) towards the bottom, under the section titled **Encryption Module** it says:

>
> "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..."
>
>
>

What legal reasons are they referring to?

What legal reasons prevent this software vendor from including encryption in their code?


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.

Fast 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.

I 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.

**Is what they did legal?** For instance, if I send to someone an email saying "you will pay me £x 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?

**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?

This 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.

Canceling an "email" contract


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

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

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

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


I 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?

Please explain Linehan I factors to a lay person


Say I apply at McDonald's and give the conditions that I wish to work under:

1.No income is withheld from me -- **thus I am self-employed**.

2.I work like every other worker, **but get paid a fixed amount agreed upon**.

3.I am responsible for taxes myself.

4.I ask specifically for **no benefits other than money**.

5.It could be contract-based, but doesn't exactly have to be.

Could an employer legally do this?

Is it legal to hire an employee, but pay them as a free agent?


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.

According to Article 13, one has to inform anyone whose personal data is collected:

>
> 1. Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data
>  are obtained, provide the data subject with all of the following
>  information: (...)
>
>
>

Article 4 explains, what "personal data" means:

>
> ‘personal data’ means any information relating to an identified or
>  identifiable natural person (‘data subject’); an identifiable natural
>  person is one who can be identified, directly or indirectly, in
>  particular by reference to an identifier such as a name, an
>  identification number, location data, an online identifier (...)
>
>
>

(Source: <http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679>)

Wikipedia 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?

How to fulfill the General Data Protection Regulation (GDPR) in science


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:

>
> “fixation” broadly depends on publication. How else d’you think fixation is established?
>
>
>

In a later comment the same user wrote:

>
> In your context fixation is a fact, but it's also irrelevant. What matters is solely what can be proved, which is publication.
>
>
>

Is 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?

This is intended to be a multi-jurisdiction question.

Is a work copyrighted on fixation or publication? What's the difference? How is it proved?


Is the amount of claimable damages greater during a breach of contract or is it greater during a fraudulent misrepresentation?

If 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?

Are claimable damages greater for a breach of contract or fraudulent misrepresentation?


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.

Trademark infringement?


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?

Are there legal reasons to maintain addresses for my clients?


Does U.S. law allow a U.S. plaintiff to sue China for damages stemming from COVID?

(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.)

[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."

Can China be sued in U.S. court for torts related to COVID?


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:

1. 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)
2. 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?
3. What figures, if any, are not outright recreations of the others, and why?

[![enter image description here](https://i.stack.imgur.com/I2dC8.png)](https://i.stack.imgur.com/I2dC8.png)

When is an image considered a recreation of another image?


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.

Is 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.

Are perpetual contracts enforceable?


The question:
If 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'?

The background:
A 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.

I 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:

Is there some way for me to inconvenience them (monetarily or otherwise) to get a sense justice?

Being Paid for Preparation Time


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?

Treason vs Whistleblowing charges?


I am writing a blog and often use some examples from my past (previous companies where I was working).

All 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.

However, one of my friends asked me, "Is it ok (from a legal perspective) what you are doing?" and I got curious about that.

Are 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?

What can a person legally publicly share about his previous employer?


Assume a person, who has a net worth of ₹1 billion; pirates and resells software worth ₹2 billion. A lawsuit is filed against that person and about ₹1 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?

Will the lawsuit continue or end at that person, or will it continue to the recipients?

How deep can IP piracy lawsuits go?


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?

Is 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?

Basically 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?

When and how does an addendum apply?


Suppose you have this scenario:

Company 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.

Then, 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.

The 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 ?**

P.S following common law in US & UK

Is it possible for a contract to refuse a contract award


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.

I 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.

However, **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)

Notice 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.

Does the digitalisation (pdf) of a work already in the public domain has copyright?


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:

>
> Democratic presidential candidate Elizabeth Warren has released her
>  tax return for 2018, reporting that she and her husband paid more than
>  $200,000 in taxes on a joint income of about $900,000 last year.
>
>
>

That 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):

[![enter image description here](https://i.stack.imgur.com/soM5t.png)](https://i.stack.imgur.com/soM5t.png)

Is that calculation correct? Does it mean Senator's family got deductions worth $75k in taxes?

Why Elizabeth Warren effective tax rate is 22% and not 30% on $900k income


Background
==========

In 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):

>
> **TITLE 1 -- GENERAL PROVISIONS**
>
>
> **CHAPTER 2 -- ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT; REPEALS;
> SEALING OF INSTRUMENTS**
>
>
> Sec. 106b. Amendments to Constitution
>
>
> Whenever official notice is received at the National Archives and
> Records Administration that any amendment proposed to the Constitution
> of the United States has been adopted, according to the provisions of
> the Constitution, the Archivist of the United States shall forthwith
> cause the amendment to be published, with his certificate, specifying
> the States by which the same may have been adopted, and that the same
> has become valid, to all intents and purposes, as a part of the
> Constitution of the United States.
>
>
>

In 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):

>
> 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.
>
>
>

Since 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:

Question
========

What authority (or authorities) has established that the facial legal sufficiency of ratification documents is final and conclusive?

What authority (or authorities) have established the status of State ratifications of U.S. Constitutional amendments?


Prompted by David Siegel's [answer](https://law.stackexchange.com/questions/64967/can-photographs-of-landmark-properties-be-used-commercially),
specifically his final sentence:

>
> if a building is old enough that it is not protected by copyright, there is no protection.
>
>
>

Would this apply when the building has recently been altered in some way?

I 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?

I 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.

Copyright on building renovations


After reading <https://security.stackexchange.com/questions/136543/landlord-will-be-watching-my-data-traffic-as-mentioned-in-the-lease-agreement> I was wondering if this realy is common in germany?

From the answer:

>
> I would say that the restrictions are pretty standard for Germany.
>
>
>

Is it?

Is it normal for German Landlords to intercept internet traffic?


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).

Is 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?

Is resale of Windows 10 keys legal?


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.

Without 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.

I 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.

So 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.

I 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?

Would 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:

1. 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?
2. 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?

Would police in the US have any alternative for handling a confiscated computer with a hidden partition?


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.

How 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?

How should a contract for Agile software development differ from a contract for Waterfall software development?


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.

However, 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.

Delivering services at a later date


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

What options are available to the defendant at this point?

CPS Breaching Court Order


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?

If can, how about adding `TM` or registered sign next to it? Since most slogan has it.

Song lyrics as (trademarked) slogan


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

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

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

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


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?

Can I be arrested if I'm not home and there are drugs in my room?


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.

However, 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.

However, 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.

The 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.

**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?**

Why wasn't Acosta arrested on conspiracy charges and/or the obstruction of justice?


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".

I 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.

Can you name your company after a fictional character from a book?


I understand in this age that there are several uses for vpns.

As such I did some research and decided to use nord as they seemed popular and claimed to not log.

However 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.

Now my questions is this:

How 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?

I 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).

This seems like it would be a problem for any vpn provider who rented servers (which is a lot of big providers).

So 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?

Hopefully it is clear what I am asking.

Thank you.

Should I be concerned my vpn server provider is based in the U.K.?


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?

Does a boilerplate legal disclaimer protect authors of content on a website?


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?

I couldn't find the terms of use for the demo service, nor the full service after registration.

Who owns the copyright on a Watson recording?


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.

[![Comcast signup info - billing](https://i.stack.imgur.com/STReo.png)](https://i.stack.imgur.com/STReo.png)

The claim is that they need it to run a credit check (ok, fair enough):

[![Comcast signup info - SSN](https://i.stack.imgur.com/mvihU.png)](https://i.stack.imgur.com/mvihU.png)

But then wait! There is an alternative - I can pay a $50 deposit instead. Or so I thought:

[![Comcast signup info - deposit](https://i.stack.imgur.com/Vmvcl.png)](https://i.stack.imgur.com/Vmvcl.png)

They *still* ask for my SSN! I thought that perhaps it was now an optional field, but as you can see from the validation message:

[![Comcast signup info - form validation](https://i.stack.imgur.com/aOn9k.png)](https://i.stack.imgur.com/aOn9k.png)

So, 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?

Is it legal for Comcast to (apparently) require my SSN to obtain service?


Hypothetical facts

1. Alice buys a hardback book from the publisher for $70.
2. Alice makes a digital copy of the book and posts it online to an account only Alice can access.
3. 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.

Question

Have any copyright laws been broken? If so, which ones, specifically?

U.S. copyright law


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.

It'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?

Can employers fire someone for "lying" on personality questionnaires?


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"?

Let's say I write a contract for two people that says

Example 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."

Examples 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."

Suppose I charged a dollar to write these contracts. Would that constitute the practice of law?

If not, when does it become the practice of law? When the money becomes bigger? When the stipulations state that there are penalties? What?

Would writing a contract for two people be considered the "practice of law"?


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.

1. With the user's permission, can I show posts from the user's Instagram profile to display in my app's user's profile?
2. Do I have to indicate that the post from imported from Instagram? This could be Instagram's logo in some corner.

Can you import posts from Instagram?


1. While trying to modify as little as possible, how can I make the bilateral sales contract in Practical Example 1 unilateral?
2. What if I copy and paste Practical Example 2 and modify like it this?

>
> ~~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 £5~~ [pays him £150].
>
>
>

But then doesn't my edit become a bilateral contract?

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 5.

>
> The key distinction: bilateral and unilateral agreements
> ========================================================
>
>
> Broadly, agreements will be one of two types:
>  • bilateral
>  • unilateral.
>
>
> Definition
> ----------
>
>
> **Bilateral agreements:** by far the most common in practice and consist of a promise in
>  exchange for a promise. Bilateral means both parties are bound on the exchange of promises,
>  although there has yet to be any performance of those promises.
>
>        A typical sale of goods agreement is bilateral.
>
>
> ### Practical example 1
>
>
> Alex offers (or promises) to sell his bicycle to Becky for £150 and Becky accepts, thereby promising
>  to pay £150. (We will use this as our example of a bilateral agreement and look at variations and additions
>  to the facts throughout this chapter.)
>
>
> Definition
> ----------
>
>
> **Unilateral agreements:** consist of a promise in exchange for an act. It follows that only one party is
>  bound at the outset by a promise. The other’s acceptance is the performance of the requested act.
>
>        For example, a typical unilateral agreement will involve an offer of a reward and may be
>  phrased as an ‘if’ contract: I promise to pay £50 to anyone who finds and returns my lost dog.
>
>
> ### Practical example 2
>
>
> Daniel offers (or promises) a free watch to anyone who returns three tokens from the packets of
>  cereal he manufactures, together with a cheque for £5. Emily accepts by returning the three tokens
>  with her cheque for £5. (We will use this as our example of a unilateral agreement and return to this
>  example later in the chapter.)
>
>
>

p 6.

>
> Making the correct distinction.
> -------------------------------
>
>
> It is not possible to accept a unilateral offer by promising to
>  find and return the lost dog or by promising to collect and return the tokens and the cheque. By
>  comparison, the agreement to sell the bicycle cannot be unilateral. Students sometimes suggest
>  that a simple sale contract is unilateral by interpreting the act of paying for the bicycle as the
>  requested act. This is incorrect since, as long as it is possible to accept by promising to buy (which
>  it is in the example), the agreement will be bilateral.
>
>
>

What's the tiniest modification necessary to convert a bilateral, to unilateral, sales contract?


This a very odd situation so please read closely.
I 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.
I 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.
As for writing the copyright footer on the physical box, how would I write this out? I've seen online examples such as "© 2020/2021 ExampleName" but I'm unsure if that would transfer to a physical product.
I 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?
Any help is appreciated, thank you!

How to Write Physical Copyright Footer on a Product


Premise:

>
> The fiancee of Jamal Khashoggi has said the world has failed to hold Saudi Arabia to account
>
>
>

There 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.

Using this case as an example, can SA be held accountable for killing the journalist (in 'having a tribunal' sense)?

Can 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?

(How) Can a state be accountable for murder?


I'd like to ask about all those "X Times" newspapers. like NY Times,LA Times.

Can i create another newspaper that will have word "Times" in it?
(Like "My Hobby Times")

I've checked in Trademark Database and there is about 8k live trademarks for word times and time but most are non related to newspapers.

Is word "Times" in name of Newspapers trademarked or is it generic word?


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.

Filing US tax returns over bank account-related interests


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.

Rather 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.

This 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.)

So what would start as:

```
Library 1
 - file1A.cpp  "1A code"
 - file1B.cpp  "1B code"
 - license1.txt  "1 license"
Library 2
 - file2A.cpp  "2A code"
 - file2B.cpp  "2B code"
 - license2.txt  "2 license"

```

Becomes

```
- library.cpp
   /* Notice: the following is subject to license1 */
   1A code
   1B code
   /* Notice: the following is subject to license2 */
   2A code
   2B code

```

All I've done is changed the delivery format, so this should be acceptable. Can you see any reason why it would not be?

Source code licenses: can I append together source code from different sources if I include all licenses?


Suppose a customer in the UK books multiple flights with a Canadian airline via telephone.

Say the flights include:
 - Flights from the UK to Canada
 - Flights from the USA to Canada
 - Flights from Canada to the UK

On 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.

6 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.

Are the actions of the Canadian airline legal? What action should the customer take?

Is it legal for a Canadian airline to alter the price of a multi-flight booking after the initial payment and confirmation?


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?

The 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.

Is 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?

How about historical rail collectors who [paint](https://m.facebook.com/Juniata-Terminal-PRR-E8s-171921079527695/) the PRR livery and logo on rail equipment?

If 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?

What does USPTO status 604 "Abandoned after inter partes decision" mean for a trademark?


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.

Certainly the court could instead build something to protect the jurors from photography without violating the first amendment.

Can a court order supersede the U.S. Constitution?


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

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

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

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


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’s guide to copyrights"](https://thecreativeindependent.com/guides/an-artists-guide-to-copyrights) by Laura Levin-Dando:

>
> 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’s work, and it is embodied in a physical format
>
>
>

Therefore, 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?
Plus, 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).

Am I missing something?

P.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.

P.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.

Can digital signature/Hash sequence be copyrighted?


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.

This 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.

Is 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?

Sorry if this has been asked before, I looked for this question but didn't find anything close enough.

Does a copyright owner own infringing derived works?


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.

Is it legal to allow users to store pdfs of books in my website where they only can see them


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.

My 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'?

Is there any principle of contract law regarding failure to take a step towards fulfilling a contract?


Eyeo is the owner of a software called **Adblock Plus**. It is German company and operates under EU.

They have the trademarks of **Adblock Plus**.

But 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.

The point is they registered **Adblock Plus** but they claim ownership over generic **Adblock** term.

Strange 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.

But 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.

Can a company be used for only forcing individual developers about trademark infringements?

Can a Company be Sued for not Complaining About Its Trademarks Infringements?


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.

Am 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.

Would someone be able to advise me of my and more importantly my customers' legal rights in this situation please?

Does showing the county council my customer records break the Data Protection Act?


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**

I 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..

In 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?

If 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.

Product design liability


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?

If you pay with something other than money, do you have to pay tax?


Seller had a standard Real Estate contract with a section entitled "Cash Funds and Financing Contingency" the checked paragraph stated:

* No Contingency on Obtaining Cash Funds

. "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...
The 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....

Buyers "breach of contract" by not providing "proof of funds"....is it enforcable and nulls purchase contract?


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."

In 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?

Can I grant and enforce specific conditions for the use of my copyrighted work?


Under [California PC647(i)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=647.&lawCode=PEN),

>
> 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:
>
>
> ...
>
>
> (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.
>
>
>

The 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.

Inhabitance requirement for peeping


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

If 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)?

*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?*

Is it illegal to reference other brands in an app for profit?


Can I use free Intellij IDEA Community Edition for the developing, if I'm working on the proprietary commercial product?

Intellij IDEA Community Edition - commercial proprietary software developing