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jonathanli

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law-stack-exchange

like 13

2019-04-10T16:10:15.807

2019-04-10T23:52:33.813

CC BY-SA 4.0

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): [](https://i.stack.imgur.com/soM5t.png) Is that calculation correct? Does it mean Senator's family got deductions worth $75k in taxes?

tax-law

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

2020-01-16T16:48:28.213

2021-12-20T18:43:51.173

CC BY-SA 4.0

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?

constitutional-law

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

2021-05-14T09:23:41.740

2021-05-14T22:34:40.557

CC BY-SA 4.0

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

Copyright on building renovations

2016-09-13T10:54:22.367

2016-09-18T17:51:03.130

CC BY-SA 3.0

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?

internet

Is it normal for German Landlords to intercept internet traffic?

2020-04-04T13:55:58.563

2020-04-05T01:44:35.140

CC BY-SA 4.0

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?

licensing

Is resale of Windows 10 keys legal?

2019-08-12T22:01:37.823

2019-08-13T11:55:37.470

CC BY-SA 4.0

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?

criminal-law

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

2015-07-24T22:45:36.423

2015-07-25T13:31:52.000

CC BY-SA 3.0

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?

contract

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

2018-09-19T20:59:16.123

2018-09-21T02:08:26.940

CC BY-SA 4.0

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.

contract

Delivering services at a later date

2015-08-12T16:47:14.780

2015-08-12T18:11:02.023

CC BY-SA 3.0

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?

criminal-law

CPS Breaching Court Order

2018-12-12T12:41:18.330

2018-12-12T15:08:15.193

CC BY-SA 4.0

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.

copyright

Song lyrics as (trademarked) slogan

2017-09-13T08:22:39.810

2017-09-13T11:19:32.903

CC BY-SA 3.0

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.

contract-law

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

2015-09-06T05:19:23.137

2015-09-06T06:32:26.757

CC BY-SA 3.0

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?

criminal-law

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

2020-06-03T13:50:27.607

2020-09-11T03:42:10.007

CC BY-SA 4.0

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?**

criminal-law

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

2016-06-18T17:42:08.990

2016-06-19T05:07:36.217

CC BY-SA 3.0

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.

intellectual-property

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

2019-01-30T08:37:34.037

2019-11-05T16:03:20.500

CC BY-SA 4.0

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.

privacy

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

2015-05-27T06:29:50.067

2015-06-16T02:55:23.700

CC BY-SA 3.0

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?

internet

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

2017-09-27T00:58:50.633

2017-09-27T19:29:11.347

CC BY-SA 3.0

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.

copyright

Who owns the copyright on a Watson recording?

2015-11-19T20:30:51.757

2022-03-07T23:04:18.247

CC BY-SA 3.0

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. [](https://i.stack.imgur.com/STReo.png) The claim is that they need it to run a credit check (ok, fair enough): [](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: [](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: [](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?

privacy

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

2019-09-09T08:12:38.513

2019-09-09T12:02:22.700

CC BY-SA 4.0

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?

copyright

U.S. copyright law

2018-08-12T06:00:56.923

2018-08-12T12:01:19.893

CC BY-SA 4.0

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?

employment

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

2015-12-01T21:11:55.637

2015-12-01T22:33:15.763

CC BY-SA 3.0

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?

contract-law

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

2021-05-23T22:31:18.990

2021-05-23T22:31:18.990

CC BY-SA 4.0

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.

internet

Can you import posts from Instagram?

2020-03-07T19:01:01.643

2021-08-16T17:00:40.057

CC BY-SA 4.0

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. > > >

contract-law

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

2022-02-22T01:06:56.503

2022-02-22T19:48:14.160

CC BY-SA 4.0

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!

copyright

How to Write Physical Copyright Footer on a Product

2020-02-04T17:47:52.403

2021-10-22T05:43:20.787

CC BY-SA 4.0

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?

criminal-law

(How) Can a state be accountable for murder?

2016-06-26T16:06:20.180

2016-06-29T01:01:04.287

CC BY-SA 3.0

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.

trademark

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

2019-11-17T17:51:33.670

2019-11-17T18:19:52.837

CC BY-SA 4.0

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.

tax-law

Filing US tax returns over bank account-related interests

2021-04-23T08:10:46.013

2021-04-23T10:04:55.357

CC BY-SA 4.0

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?

licensing

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

2016-04-01T18:47:56.613

2016-04-01T18:47:56.613

CC BY-SA 3.0

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?

contract

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

2015-12-01T14:06:41.163

2021-07-29T15:42:42.683

CC BY-SA 3.0

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?

trademark

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

2017-06-13T14:02:02.240

2017-06-13T16:20:51.397

CC BY-SA 3.0

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.

constitutional-law

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

2020-07-22T20:47:18.633

2021-12-24T01:25:45.330

CC BY-SA 4.0

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?

copyright

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

2021-06-10T18:02:32.403

2021-06-10T23:31:37.383

CC BY-SA 4.0

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.

copyright

Can digital signature/Hash sequence be copyrighted?

2022-02-23T15:57:34.650

2022-02-23T18:12:08.983

CC BY-SA 4.0

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.

copyright

Does a copyright owner own infringing derived works?

2021-09-20T13:46:26.633

2021-09-20T15:12:20.693

CC BY-SA 4.0

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.

copyright

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

2020-07-21T10:19:21.313

2020-07-21T12:37:43.617

CC BY-SA 4.0

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'?

contract-law

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

2017-04-18T11:51:52.853

2017-04-18T20:42:09.913

CC BY-SA 3.0

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?

trademark

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

2016-07-08T22:04:17.080

2016-07-11T23:08:25.547

CC BY-SA 3.0

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?

privacy

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

2017-09-15T20:18:38.103

2017-09-15T22:38:05.073

CC BY-SA 3.0

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.

liability

Product design liability

2019-07-20T21:34:02.057

2019-07-21T11:07:12.907

CC BY-SA 4.0

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?

tax-law

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

2019-01-31T01:33:18.723

2019-01-31T20:07:34.930

CC BY-SA 4.0

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....

contract

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

2018-02-17T05:23:04.137

2018-02-18T23:21:09.803

CC BY-SA 3.0

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?

copyright

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

2018-03-16T01:08:47.963

2018-04-15T18:25:55.387

CC BY-SA 3.0

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.

criminal-law

Inhabitance requirement for peeping

2019-06-03T17:39:25.180

2019-06-04T22:37:18.143

CC BY-SA 4.0

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?*

software

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

2015-08-07T07:11:37.057

2021-09-28T00:14:11.300

CC BY-SA 3.0

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

licensing

Intellij IDEA Community Edition - commercial proprietary software developing

2022-01-31T11:40:46.907

2022-01-31T22:16:39.560

CC BY-SA 4.0

I know that there is a problem with creating subtitle files containing the original phrases (or even the translation of what has been said) and to release them. There are platforms, eg. OpenSubtitles, where you can download all these subtitle files. Even though the providing of these subtitles is not legal, I would like to get only the words and their count in the movie. If an developer sells an app, that uses a subtitle API, to retrieve the subtitle files for creating word-statistics about the movie, would this be a legal problem to any person involved? * Is the developer breaking the law, because his app downloads the whole subtitle file temporarily to the users device? * Is the user of the app breaking the law, because the app downloads the whole subtitle file temporarily to his device? * Are the resulting statistics (words and their count) in anyway copyrighted?

copyright

Usage of subtitle files of copyrighted movies to get statistics about used words and their number count

2016-08-24T23:50:39.357

2016-11-13T00:21:09.253

CC BY-SA 3.0

I am quite confused by what seems at the outset to be a very simple question in the UK's obscenity laws. Suppose a person puts an obscene story on a website (we'll call them the Writer) and another person reads the story (we'll call them the Reader). Is the Reader guilty of 'publishing' the material and therefore in breach of the 1959 Obscene Publications Act? In the normal sense, 'publication' is defined in an online context as "*to submit (content) online*, as to a message board or blog: I published a comment on her blog post with examples from my own life." according to www.dictionary.com (emphasis added is mine). In the context of the Obscene Publications Act, the word 'publishes' seems to have been redefined, appropriated to become a piece of legalese that no longer reflects the original meaning of the word. The wording of the Act states (emphasis mine) - (3)For the purposes of this Act a person publishes an article who— (a)distributes, circulates, sells, lets on hire, gives, or lends it, or who offers it for sale or for letting on hire; or (b)in the case of an article containing or embodying matter to be looked at or a record, shows, plays or projects it [F1, **or, where the matter is data stored electronically, transmits that data**.]: . . . F2 What does it mean to 'transmit' that data? Regina vs Waddon has shown that transmission is said to have occurred when the data is uploaded to the Website by the Author or downloaded from the Website by the Reader. In both those instances, the Author was deemed to have 'published' the article. (The reason it mattered was that although the Website was hosted abroad, the UK-resident Author had still broken the UK law when the material was downloaded in the UK so he could therefore be prosecuted). But what about the Reader? ... This nebulous wording seems to imply all manner of things.

criminal-law

Is reading obscene written material online illegal in the UK?

2020-11-11T07:03:21.960

2022-05-06T21:06:10.623

CC BY-SA 4.0

In [*Mugler v. Kansas* 123 U.S. 623 (1887)](https://supreme.justia.com/cases/federal/us/123/623/), the Supreme Court ruled that prohibition of alcohol is not a taking. (Alcohol property rendered worthless.) [*Hadacheck v. Sebastian* 239 U.S. 394 (1915)](https://supreme.justia.com/cases/federal/us/239/394/) said the zoning prohibits making bricks, but doesn't prohibit collecting the clay, so this one's not a taking. (OK, fair.) In [*Pennsylvania Coal v. Mahon* 260 U.S. 393 (1922)](https://supreme.justia.com/cases/federal/us/260/393/), ([Wikipedia article](https://en.wikipedia.org/wiki/Pennsylvania_Coal_Co._v._Mahon)) the Supreme Court ruled that the Kohler Act not allowing some types of coal mining is a taking. (Coal property rendered worthless.) In fact, *Pennsylvania Coal* is often used as an example of police power regulations that "go too far"—when the Kohler Act regulates far less than prohibition. --- In *Euclid v. Ambler* ([*Village of Euclid, Ohio v. Ambler Realty Co.*, 272 U.S. 365 (1926)](https://en.wikipedia.org/wiki/Village_of_Euclid_v._Ambler_Realty_Co.), the Court ruled that a property split between multiple zoning districts, though now impossible to develop, is a valid use of police power. (Value reduced significantly.) [*Nectow v. Cambridge* 277 U.S. 183 (1928)](https://en.wikipedia.org/wiki/Nectow_v._City_of_Cambridge) said that a *re*-zoning of a property and interfering with its sale is a deprivation of property and NOT a valid use of police power. (Value reduced to zero for one sale.) --- Are these considered reversals? There are more examples of the Supreme Court going back and forth on these issues. Why does the Court do this?

constitutional-law

Is Nectow (1928) a reversal of Euclid (1926)? Is Pennsylvania Coal (1922) a reversal of Mugler (1887)?

2019-09-14T00:50:06.657

2019-09-14T01:27:42.620

CC BY-SA 4.0

I've just understood the concept of writing a contract. It is just an agreement between two people written on the paper and signed by all the parties involved. So, if it is possible to write contracts, then why do we need a specific law for companies? Can't we construct a company simply wording our terms and declaring all the rules of the "company" in a contract without registration? For example, one of the benefits of registering a company is its liability shield it gives us. So why not mention in the contract "no individual mentioned in this contract is liable..." (please forgive me if my question is naive). Another benefit of a company is, being able to issue shares. So to cover this, the contract could contain "All assets mentioned have a shared ownership. Each person in the contract is assigned certain 'ownership points' (a different word for shares). And these ownership points declare each individual's ownership of the asserts..." Couldn't we implement all the features of a company, one after the other, simply by writing a contract? Please tell me why this isn't possible and what I don't understand. And again, sorry for this naive question. I would like to hear this answer in the context of any country. Though I would be able to relate well, when answered in the context of India.

contract-law

Is it possible word a contract such that it brings in all the features of registering a company?

2017-01-09T14:55:53.917

2017-01-09T22:32:25.510

CC BY-SA 3.0

A game named Blinx, was manufactured last in 2004 by a company named Microsoft. In 2014-2015 they dropped the trademark, and so the name is usable, but the game, the intellectual material is copyrighted. If I don't use their images or their code, can I legally reproduce the game?

copyright

Does rebuilding a computer game from scratch infringe copyright?

2018-08-30T21:34:42.687

2018-08-30T23:57:19.207

CC BY-SA 4.0

I like the idea that businesses can specifically hire homeless people who need it, but what I'm not quite sure of is how businesses are able to do that on an arbitrary basis, because as far as I know they are supposed to make the position publicly available and conduct interviews for any applicants.

business

How do people hire only specific demographics but not face discrimination suits?

2018-08-11T21:41:57.473

2018-08-17T05:23:47.680

CC BY-SA 4.0

A defendant provable lied in court. We had no right of reply to prove the lies were false. Nothing has been done afterwards. He was found guilty, but received a very light sentence probably based on these lies. Is this normal?

criminal-law

Lying in Court in the UK

2017-07-06T22:05:11.230

2017-07-07T03:10:45.697

CC BY-SA 3.0

If I commit a crime and many years later (> 25 years) send an email to the police claiming to have committed a crime, can they arrest me? (assumming they do not think it is just a "prank email") Severity of crime: Level 3 or 4 as defined by <https://pap.georgia.gov/sites/pap.georgia.gov/files/CSL-s_Post_1-1-2006_considerations.pdf> --- Some time ago, I took a criminology course and was told by the instructor that around 1000 people were known to have raped and/or killed Aboriginals in early/mid 1900 but were not sentenced since it "happened too long ago" (although there is evidence that the crimes have been committed)

criminal-law

Expired Punishment

2018-06-18T23:50:33.680

2018-06-19T18:37:52.173

CC BY-SA 4.0

I live in California. It is illegal for people record my video and voice in a private area without my permission. In a normal situation, I think that I can call police. However, can I ask the person provide me money in exchange that I am not going to call police?

criminal-law

Is that illegal to settle with money?

2020-11-24T01:06:14.217

2021-10-29T23:02:22.703

CC BY-SA 4.0

In the 9th episode of series 15 of "Law and Order: SVU", a serial rapist offers to plead guilty to a rape which he did not commit, while refusing to plead guilty to a series of rapes which he actually did commit (the reasons for this are complex and irrelevant to the question). The prosecutor and police seriously consider accepting his offer, even though they know he didn't commit the crime he wants to confess to, because they don't think they can prove the crimes he actually did commit. This doesn't sound to me like something which would be legal. Could a prosecutor really agree to a plea bargain deal which would involve the defendant confessing to something which the prosecutor knows they didn't do? I know it's TV, but "Law and Order" has a reputation for being realistic TV.

criminal-law

Could a prosecutor agree to allow a defendant to plead guilty to a crime they knew they had not committed, per this "Law and Order: SVU" episode?

2016-09-17T21:32:47.263

2016-10-05T10:43:39.500

CC BY-SA 3.0

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

copyright

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

2015-12-31T04:26:33.877

2016-01-02T01:44:59.433

CC BY-SA 3.0

On Youtube I often see videos of songs or other short memorable scenes from various movies posted. Since these are non-transferable I assume this is technically a violation of copyright, even if it's done for a very popular movie. Is it a violation of copyright to post or watch such clips?

copyright

Does posting short memorable scenes or songs from a movie constitute copyright violation?

2021-08-12T22:49:00.350

2021-08-13T01:22:39.503

CC BY-SA 4.0

Just heard back from USTPO and they wanted examples of the mark in use in software screenshots, at the download store, etc -- which are no-brainers. Question is, can you have the (R) in the mark, or do you have to wait until it's finally registered? My gut feeling is the examiner would have a cow if they saw the (R) on the mark before it was registered. For some reason, it seems futile to legally review a mark that doesn't contain the (R), and then let the registrant add their own (R) once it's approve.

trademark

Trademark - USPTO requirement

2020-08-06T01:58:40.550

2020-08-08T22:01:16.647

CC BY-SA 4.0

I accept [*Concentrate Criminal Law* (2020 7 edn)](https://www.amazon.co.uk/Criminal-Law-Concentrate-Revision-Study-dp-0198854986/dp/0198854986/ref=dp_ob_title_bk) p. 31 > > So, it is generally thought that intention is the most serious > kind of *mens rea*, recklessness the next most serious, and negligence the least serious. > > > [*Simester and Sullivan's Criminal Law* (2019 7 edn)](https://www.amazon.co.uk/Simester-Sullivans-Criminal-Law-Doctrine-dp-1509926682/dp/1509926682/ref=dp_ob_title_bk). p 166. > > (i) The test for negligence > --------------------------- > > > > > Even though negligence permits the finding of fault for inadvertent wrongdoing, it does > not actually matter whether the defendant attends to or contemplates the risks. As Glanville > Williams asserts, “the essential question, at any rate for legal purposes, is whether it was > reasonable for you to go ahead with your conduct in the circumstances”.188 Of course, normally > one who foresees and runs an unreasonable risk will be reckless as well as negligent. > Negligence does not, however, *require* inadvertence. This is for two reasons. **[Quote 1] The first is that > in the criminal law, the lesser fault standard incorporates the greater.** A defendant should > not be able to exculpate herself by pleading that her actions were reckless or intentional > rather than negligent. (Similarly, she should be unable to escape an allegation of recklessness > by pleading that her actions were intended.) **[Quote 2] It follows that where negligence is enough > for criminal liability, then, *a fortiori*, there is liability for intention or recklessness.** > > > p 167. > > &nsbp; &nsbp; &nsbp; The second reason is that, as we mentioned earlier, a defendant can foresee the actus > reus without being reckless, yet may still be negligent. For example, an anaesthetist who > recognises there is a slight risk of killing his patient is not normally reckless. But if he > has unknowingly miscalculated the dose, then he is negligent even though not reckless. > Recklessness involves an objective assessment of running the subjectively perceived risk. > Negligence involves an objective assessment of running an objectively recognisable risk.189 > > > [*Criminal Law Directions* (2020 6 edn)](https://www.amazon.co.uk/Criminal-Law-Directions-Nicola-Monaghan-dp-0198848781/dp/0198848781/ref=dp_ob_title_bk). p 76. > > Negligence is a much wider fault element than intention or > recklessness. > > > Down the same page. > > At common law, negligence is rarely sufficient for criminal liability. > > > How are the two embolded quotes above true? 1. How does "the lesser fault standard" incorporate the greater? 2. How can "where negligence is enough for criminal liability, then, a *fortiori*, there is liability for intention or recklessness"? You can be negligent without being reckless or intent.

criminal-law

Where negligence is enough for criminal liability, then a fortiori there's liability for intention or recklessness?

2019-04-21T22:27:59.327

2019-04-21T22:27:59.327

CC BY-SA 4.0

Paul Davies. [*JC Smith's The Law of Contract* (2018 2 ed)](https://www.amazon.co.uk/Smiths-Law-Contract-Paul-Davies/dp/0198807813/ref=dp_ob_title_bk). p. 465 > > [](https://i.stack.imgur.com/OxEcn.jpg) > > > Which of these three homonyms fit the 'condition' colored in green beneath? p. 449. > > [](https://i.stack.imgur.com/1mhGq.jpg) > > >

contract-law

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

2019-04-20T01:37:58.863

2019-04-20T02:27:12.397

CC BY-SA 4.0

Paul Davies. [*JC Smith's The Law of Contract* (2018 2 ed)](https://www.amazon.co.uk/Smiths-Law-Contract-Paul-Davies/dp/0198807813/ref=dp_ob_title_bk). pp. 75-76. > > [](https://i.stack.imgur.com/qdgs4.jpg) > > > Can the two hypotheticals (orange and red) be distinguished? Why's the red a gratuitous promise but the orange an offer to contract? I can't? Both stipulate £5K/year and the phrase "so long as you remain unmarried" The orange has "Please do not remarry", but this feels superfluous as "so long as you remain unmarried" is already stipulated.

contract-law

"so long as you remain unmarried": Why a gratuitous promise in one fact pattern, but a contractual offer in another?

2022-01-09T00:33:15.620

2022-01-10T23:01:04.613

CC BY-SA 4.0

Can you trademark a word in a dictionary? <https://www.theverge.com/2013/7/31/4574878/microsoft-skydrive-name-change-bskyb> Sky trademarked the word Sky, so I am wondering if words such as Tornado, Banner and Diesel could also be trademarked. Someone said to me. We can't, but Microsoft had to change Skydrive to OneDrive due to Sky. The fact that the British Sky Broadcasting Group owns the word Sky sounds ludicrous to me.

trademark

Can you trademark a word in a dictionary?

2020-08-01T13:56:35.497

2020-08-01T16:19:38.157

CC BY-SA 4.0

Donald Trump, the president said that he wants to ban TikTok. Would such a ban violate the first amendment? If not does he have the power to act via executive order or does it have to go through Congress?

internet

Does the US president have the authority to ban TikTok?

2015-08-21T07:31:02.723

2015-08-22T04:23:05.547

CC BY-SA 3.0

Consider for example the starship enterprise (registry NCC1701) from the star trek tv series. If someone takes a picture of the ship from the tv show and sticks it on a poster, it is clearly a derivative work. But what if they only show part of the ship? What if they only show a small enough part that it is not recognizably from the enterprise? Or what if they just produce a gray (the starship enterprise is gray) image, with "NCC1701" written on it? Is that a derivative work? Would it matter if it used a different font, or a different color background? Would it make a difference if it was less iconic, e.g. a reproduction of a different ship that only appeared in one episode? My question is not specific to start trek, but regarding any works which have distinctive subcomponents (e.g. the monolith from 2001, the rebel alliance symbol of from star wars, the one ring from the lord of the rings etc.) - how much of an original work needs to be reproduced for it to infringe the original copyright?

copyright

How much of a work needs to be used for it to be derivative?

2021-07-28T18:00:52.117

2021-07-29T15:18:30.403

CC BY-SA 4.0

Example: * A US user downloads the Android app from the US Google Play Store * The user does not view any consent form and begins using the app and viewing ads * The user then travels to EEA/UK and continues viewing ads Would a consent form be required to adhere to GDPR in this instance, even if personalised ads are disabled for EEA/UK users?

privacy

Do I still need to check if users are inside of EEA/UK for GDPR consent if my Android app is ONLY released in countries outside of EEA/UK?

2021-09-25T15:31:33.920

2021-09-25T17:54:25.213

CC BY-SA 4.0

While the US deferred prosecution against Huawei CFO Meng Wanzhou, they only did so in exchange for a four-page "statement of fact", which sounds pretty incriminating against Huawei as a company. > > “In entering into the deferred prosecution agreement, Meng has taken responsibility for her principal role in perpetrating a scheme to defraud a global financial institution,” Nicole Boeckmann, the acting U.S. attorney for the Eastern District of New York, said Friday. “Her admissions in the statement of facts confirm that, while acting as the Chief Financial Officer for Huawei, Meng made multiple material misrepresentations to a senior executive of a financial institution regarding Huawei’s business operations in Iran in an effort to preserve Huawei’s banking relationship with the financial institution.” > > > Since the US is still prosecuting Huawei as a company on this matter, does this "statement of fact" from Meng, which is essentially a confession, improve the prosecution's case against the company? The FBI [at least](https://www.justice.gov/opa/pr/huawei-cfo-wanzhou-meng-admits-misleading-global-financial-institution) seems to say that: > > “Meng's admissions are evidence of a consistent pattern of deception to violate U.S. law,” said Assistant Director Alan E. Kohler Jr. of the FBI’s Counterintelligence Division. “The FBI will continue to aggressively investigate companies doing business in the United States when there are signs they behave with contempt for our laws.” > > > Can this statement of Meng be entered into evidence against Huawei? (Although the full "statement of fact" has not yet been made public, at least according to the *Guardian* newspaper, the DOJ link above has a 12-paragarph summary of what Meng supposedly admitted to.)

criminal-law

Does Meng's "statement of fact" improve the DOJ's case against Huawei?

2016-10-09T18:02:31.357

2019-03-28T16:08:33.170

CC BY-SA 3.0

In Canada, the tort of civil unlawful conspiracy is laid out as follows: 1. Two or more people acted in concert, by agreement, or with a common design or intention; 2. The co-conspirators engaged in conduct that was unlawful, which can include the breach of a statute, the violation of a contract, or the carrying out of an underlying tort, such as misrepresentation or fraud; 3. The conduct was directed towards the plaintiff; Given the circumstances, the defendants should have known that injury was likely to result; and 4. Injury or harm did result. In case of simple motive or unlawful conspiracy, does it matter if the named individuals represent one organization? That is to say, if two or more agents of the same organization acted in cooperation to fulfill the latter 3 points, would this fulfill the first requirement? Also, in the event that the individuals named in the conspiracy all acted as agents for the organization they all represent and on its behalf, would the the organization be guilty (assuming these points are all proven) of unlawful conspiracy, or just the named individuals, or both? Let's assume that the list of individuals involved spans the entire hierarchy of the organization, except maybe the board itself.

civil-law

Tort of civil conspiracy

2016-06-06T17:28:48.377

2016-06-07T13:41:45.993

CC BY-SA 3.0

I would like to sell items online, and came across [this story about a person who sold a $40 printer](http://www.indystar.com/story/news/2016/06/06/he-sold-40-printer-then-he-sued-indiana-30000/85219140/) and ended up (so far) paying over $12,000 in legal fees. What could I do to prevent this situation on a site like Craigslist?

liability

How can I protect myself from a prolific, abusive litigant?

2020-07-09T20:11:12.597

2020-07-12T10:27:42.060

CC BY-SA 4.0

Would it be illegal to sell notes that I have made using my own reading and understanding of a textbook and nothing else (like nothing from lectures of classes (they were all online so there were no lectures)). I'm assuming it would be illegal if I were to copy images from the textbook but if my notes were snippets of the singular textbook and what I find to be important information, of which are mostly notes that I've written verbatim, would that be illegal and considered as a condensed version of the textbook? If so, if I were to cite the textbook would I then be able to profit from my notes?

copyright

Illegal to sell textbook notes?

2018-12-19T21:49:18.193

2018-12-20T00:04:58.987

CC BY-SA 4.0

I was wondering if after I purchased this theme I could remove the footer credit under a regular license for this theme? <https://themes.getbootstrap.com/product/boomerang-bootstrap-4-business-corporate-theme/>

licensing

Removing footer credit for this specific theme

2020-03-13T22:55:14.037

2020-03-14T01:39:46.873

CC BY-SA 4.0

Due to the coronavirus outbreak, my university has tentatively canceled all live forms of live education, including exams. Instead, they have decided to hold exams through an online proctoring software (third-party), which requires access to the computer webcam, microphone, screen, and browsing history to work. This is the first time the university is doing an examination in this manner, and there are no official guidelines for how these exams are to be conducted. I am concerned about my data privacy in the context of these exams, and am wondering what my rights are and how I can exercise them. Specifically, I am wondering whether I can refuse the collection of my personal data through the online proctoring software, and whether the university may reprimand me for doing so. If both are the case, how can I truly say that I 'consent' to data collection and processing when I am coerced, so to speak, by the threat of failing my courses if I do not use this novel software?

privacy

Online Proctoring, Exams, and the GDPR?

2020-02-23T11:39:25.447

2020-02-23T21:59:28.917

CC BY-SA 4.0

James Madison in his speech to Congress in regards to what eventually would become the 5th amendment talked about 'infamous' crimes and how they should be handled. As far as I know he did not define what an infamous crime exactly is. So, how exactly was term defined when the specific definition was required?

constitutional-law

How has James Madison's term 'infamous crime' typically been defined?

2020-03-04T13:01:11.670

2020-04-04T01:02:15.287

CC BY-SA 4.0

If a statute states a mitigating or negating circumstance to a criminal charge, who has the burden of proof, the prosecution or the defense? For example, if a state statute says that it is criminal for a person to threaten another, but in the same statute it says that such a threat will not constitute a crime if the threatened person was trespassing on the defendant's property, then who bears the burden of proof that the threatened person was trespassing (or not trespassing). In other words, if the law has an exception to a criminal charge, who must prove that the exception does or does not apply? What is the precedent?

criminal-law

Who bears the burden of proof of a mitigating circumstance if the statute does not state it?

2015-11-12T17:56:37.777

2015-11-12T22:25:12.297

CC BY-SA 3.0

I'm not a lawyer, so I'm only familiar with a small cross section of civil suits, but it seems to be a general trend that lawyers are very hesitant to publicize any part of a case. Even when the adversary has huge vulnerabilities because of the nature of the civil suit, the lawyer insists you keep quiet, in order to "not make them mad." Instead, you pay the lawyer to keep filing documents and orders, asking for "christmas lists," etc, while they other side does the same, and in the end, it's often a war of attrition, and the little guy loses. However, anecdotally, it seems that a number of cases resolve themselves within hours or days after an appropriate post on social media or call to a journalist. Corporations that rely heavily on their public image and understand their exposure will suddenly see that balance shifted against them and do everything they can to settle as humanely and quickly as possible. My first conclusion is that using social media cuts into the usual business of lawyering, and so culturally, this would not be welcome around law firms. Is there a better explanation for this?

civil-law

Is there a reason lawyers are hesitant to use the media against an adversary?

2019-03-12T13:31:42.987

2019-03-17T02:03:14.073

CC BY-SA 4.0

[Indian gov copyright site](http://copyright.gov.in/frmfaq.aspx) > > Ques: Is it necessary to register a work to claim copyright? > > > Ans: No. > Acquisition of copyright is automatic and it does not require any > formality. Copyright comes into existence as soon as a work is created > and no formality is required to be completed for acquiring copyright. > However, certificate of registration of copyright and the entries made > therein serve as prima facie evidence in a court of law with reference > to dispute relating to ownership of copyright. > > > Do I need any legal document to display that copyright or just that the work is created by me it is sufficient?

copyright

Can I use `© 2019 My Name` in a application created by me without registering for official copyright in India?

2022-02-23T00:17:24.663

2022-02-23T00:40:50.133

CC BY-SA 4.0

I understand that a EULA can be a contract if the user agrees to compensate the issuer for using the software, but if the software is freeware, then the issuer gains nothing of value. Without the issuer gaining anything of value, how is there adequate consideration/why is the agreement still considered a contract? Again, I understand that consideration need not be monetary, it can be the other party waiving a right. But that right must exist prior to entering into the agreement. The EULA grants the user the right to use the product so prior to entering into the agreement the user has no right to use it to begin with.

contract-law

Why is a freeware EULA considered a contract if issuer is not receiving adequate consideration?

2021-02-07T17:24:06.233

2021-03-19T14:50:19.210

CC BY-SA 4.0

It is apparently not commonly known, but the phrase "Taco Tuesday" is a registered trademark of Taco John's, a restaurant chain based out of Wyoming. Why is it then that in 2019, when Lebron James tried to trademark "Taco Tuesday" for himself, that he was denied not due to the similarity to Taco John's trademark, but rather because it was deemed to common on a phrase to trademark? > > In this case, the applied-for mark is a commonplace term, message, or expression widely used by a variety of sources that merely conveys an ordinary, familiar, well-recognized concept or sentiment. > > > [USPTO Application 88579771](https://tsdr.uspto.gov/documentviewer?caseId=sn88579771&docId=OOA20190911#docIndex=1&page=1&tdrlink=) It is expressed later on in the application that it was also considered to be to similar to "*TECHNO* TACO TUESDAY", and that allowing such a mark could detract from people search for the aforementioned term. > > Although applicant’s mark does not contain the entirety of the registered mark, applicant’s mark is likely to appear to prospective purchasers as a shortened form of registrant’s mark. > > > What I don't understand, though, is that nowhere in the application does it mention Taco John's already existing claim on Taco Tuesday. Since the company does still attempt to enforce its claim on the mark, including sending cease-and-desists to offenders, it seems odd that LBJ Trademarks LLC. was denied the claim due, in no small part, to how common the phrase is in the American lexicon, and not because it was already claimed.

trademark

Why couldn't LBJ Trademarks claim "Taco Tuesday" due to common usage?

2020-07-16T22:07:50.973

2020-07-16T23:56:45.907

CC BY-SA 4.0

What if made out of ruined pieces of designer clothing, a new piece of clothing like a bag and sell it. As recycled clothing. Is this a legal and viable business strategy, or would this infringe upon the copyrights and trademarks of the designer? Would there be liability associated with this business plan?Because I have access to a lot of destroyed designer clothing for an inexpensive price. And there are people who would probably like to buy a bag out of recycled/unwanted material from for example NIKE, with the nike logo on it.

copyright

Is it legal to cut a used designer clothing found at a thrift shop and remake it into a bean bag with the original logo on it and sell it

2019-02-05T09:56:47.477

2019-02-05T09:56:47.477

CC BY-SA 4.0

I have an image on my website, which I created myself. I have not added any license. The photo is just there. Google is showing the image in their image search. They also modified it by creating a thumbnail in reduced quality. The thumbnail seems to be stored on their servers. When you click on the image, Google shows the hint "Images may be subject to copyright." I know it's possible to write a robots.txt file to forbid Google to show my image. It's also possible to write them a message. But why is Google allowed to use images without asking for permission? I always thought you need a license or permission to redistribute and modify an image of someone else. I am registered to the Google Search Console. Maybe I granted them the right to use my image there, but I don't know. I cannot find the image on bing, yahoo or duckduckgo.

licensing

Why can image search engines use all images without asking for permission?

2018-03-26T18:38:30.743

2018-03-26T19:38:21.243

CC BY-SA 3.0

As far as I know, unless a contract/compact states otherwise, or a provision was added at a different point of time, every provision in the contract carries the same priority. The bill of rights was added to the constitution all at once and so each amendment carries the same priority and so when there is a conflict least restrictive means has to be applied.

constitutional-law

Does any amendment in the bill of rights take priority over any other?

2019-08-23T16:07:20.513

2019-09-25T13:03:30.523

CC BY-SA 4.0

I'm curious about the following scenario. If a business hires people and pays them a commission, is the employer obligated to be neutral in how it directs sales to each employee, in cases where the employees have substantially similar skill, experience, and quality of work, or is equal commission rates enough? For instance, if two car salespeople were paid the same amount per sale, but the dealership sent the majority of the potential customers to one of the two, even though they had substantially similar skill, experience, and quality of work, would that alone violate the [California Equal Pay Act](https://www.dir.ca.gov/dlse/california_equal_pay_act.htm)? To create a scenario, consider a garden center that pays a small wage, but for the most part, employees get their revenue from commissions. The owner hires on their daughter, and even though other employees do a lot of work in handling customers and making sure the shop runs smoothly, the owner directs customers to her daughter for the final sale, making it difficult for anyone to get commission. Technically the wage is the same, and the commission rate is the same. But the owner is ensuring a disproportionate opportunity to obtain revenue, for substantially similar work.

employment

How does equal pay for substantially similar work (as per the California Equal Pay Act) apply to commissions?

2016-06-24T17:39:02.750

2016-08-13T03:25:31.417

CC BY-SA 3.0

This morning, I was reading [this article](https://consumerist.com/2016/06/22/comcast-admits-it-incorrectly-debited-1775-from-account-tells-me-to-sort-it-out-with-bank/) on the Consumerist about a man who cancelled his business service with Comcast. In summary, he had an early termination fee of $1,775 debited from his bank account, which shouldn't have happened because it was past the term of his two-year contract. Comcast do not dispute those facts, and have repeatedly told him that a check was on its way but, two years later, the man has still not been unable to get a refund. At one point, he was told by a company representative that refunds are not issued in these circumstances, and that he should instead dispute the charge with his bank. I am interested in the potential criminal liability in a situation like this (not necessarily this one) where a company knowingly takes money it is not due from someone's bank account and clearly has no intention of returning it. Specifically: 1. Could the victim report this as fraud, theft or some other related crime? 2. Would the answer to the previous question differ based on whether the victim was eventually able to recover the money through litigation or by disputing the charge with their bank? 3. Would the company itself or the specific employees involved be liable? 4. Would a binding arbitration clause in the contract have any effect on criminal liability (I believe not)? I would be especially (but not exclusively) interested in answers covering either the United States or Canada (especially Québec).

criminal-law

Company knowingly debit fees it is not due from bank account and does not return it: is this fraud or theft?

2016-10-07T03:59:09.930

2016-10-08T05:34:12.377

CC BY-SA 3.0

I want to open a service for people to print portrait images of people they are inspired by. Musicians, scientists, people such as Einstein, Mozart, etc. What are the legal concerns of using images of **Google Images** and how can I find images which can be legally used for this purpose?

copyright

Usage of Images of Google Images for commercial purposes (print)

2019-10-11T06:29:36.460

2019-10-20T21:52:49.590

CC BY-SA 4.0

I am looking for cases where a educational non-profit organization was successfully sued for violation of copyright/Fair Use (US). I am particularly interested in borderline cases (i.e. cases where many observers would consider the non-profit's use "fair", but the non-profit still lost anyway).

copyright

Cases where a educational non-profit organization was successfully sued for violation of copyright/Fair Use (US)

2018-03-15T04:00:06.797

2018-03-15T14:53:19.217

CC BY-SA 3.0

A crime is a public offense, so I would think that anything that constitutes a crime has some kind of influence on one or more persons or property, i.e. it changes the public universe in some negative way. According to a recent CA Criminal Justice exam of mine, "A person may be guilty of a crime even where his or her act has no immediate effect upon the person or property of another." "Immediate" is not further defined. If this is true, what are some examples?

criminal-law

What kinds of crimes do not affect persons or property?

2017-11-12T19:34:01.273

2017-11-13T16:55:47.890

CC BY-SA 3.0

My fiance recently went on a 7 night cruise abroad and would not have cellular service. She hired a local pet sitter to come by her house 3 times a day to feed, water, and change her dog's paper. They agreed on 9 days for $35.00 per day. The pet sitter requested and was paid $315.00 in full prior to beginning the service. My fiance stays in a gated community and added the sitter to her guest list so that she can access the home. After the second day, the pet sitter was denied entry through the gate by security. The sitter contacted her emergency contact to notify her that she is unable to care for the animal since she cannot access the home. Her mother took care of the pet for the remainder of the 9 days. Upon returning back to the country, she learned from her mother everything that happened. Thankfully, the dog was okay since her mother was able to take care of the dog while she was abroad. My fiance contacted the sitter to offer 4 days' pay, $140.00, for the 2 days of service she was able to do her job to compensate for any inconveniences. The sitter maintains position that the agreement was for $315.00 for 9 days of service and that it was not her fault she couldn't do her job for the remaining 7 days, so she kept the full payment. Is it legal for the pet sitter to keep the full payment, even though the contract was breached? Was the sitter right for keeping full payment with only providing a fraction of the services agreed upon?

contract-law

Is it legal to take full pay for partial service?

2016-10-02T12:14:24.820

2018-05-13T05:48:30.157

CC BY-SA 3.0

Somebody anonymous write a "scripture". It's at <http://getrichbangbabes.com> . It's filled with comedic political satire I think. Anyone can edit and copy the book. The e-book contains many links to pictures. However, those links may not work too long. What would happen if the e-book copy and paste pictures to the e-book itself but give attribution? What happens if latter the e-book is made commercial?

copyright

Is it okay to paste pictures to non commercial book with proper attribution

2015-10-01T18:23:08.533

2015-10-02T12:05:35.837

CC BY-SA 3.0

I have recently developed a medical application. One of my previous employers (from 4 years ago) also sells similar application. (You can see where it is going) I developed this application from scratch in Silverlight and later moved to WPF. It uses Prism for IoC, Entity framework, MVVM with ViewModel first and RIA based WCF servics. The application my previous employer sells is based on WinForms. Uses classic 3-tier architecture with Most of the code in form code-behind, a Business layer. a Data access layer that performs CRUD operations using TSQL. The employer is now alleging that I might have stolen the code and created my own version but that is truly not the case. Every line of code has been written from scratch. The employer is also alleging trade secret violation (without even looking at the software) but everything this software does is based on public domain knowledge. Managing patients, Exams, Bills etc are all public knowledge. Specific tests that go in each exam have been made based on material read from books that I can prove. My software simply provides a different way of managing practice that has not borrowed anything from my previous employer's software. I need to present a detailed comparison of the two technologies so my lawyer can include that in a formal reply. Anyone has experience going through a similar scenario who can help me write a good comparison?

copyright

Prove my work is not a trade secret violation

2019-11-24T16:32:54.483

2019-11-25T14:29:42.837

CC BY-SA 4.0

We own a joint property in the UK, and are full taxpayers of all taxes including standard rate council tax band for the region. But my partner will be going abroad for a significant amount of time (6 months+). Will I be able to claim the single person discount for council tax, if I am living alone in the property (thus using less of council services like rubbish collection, libraries, etc)? It looks like that - because it's a lot of revenue, so councils try to sideline this scenario stating that - you still own property jointly, so ignoring the fact that only 1 person is living there (thus using less of council facilities).

tax-law

UK Single person council tax discount when owning joint property

2016-02-14T00:22:01.770

2016-02-15T21:02:58.457

CC BY-SA 3.0

I am interested in the interplay of the EU directive [93/13/EEC](http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A31993L0013) and the Consumer Rights Act 2015 in the UK. Specifically the Consumer Rights Act has an exclusion from assessment of fairness where the clause specifies the main subject matter of the contract. But this is not mentioned in the directive so seems to severely limit the applicability of the directive. I am interested because we have a mortgage that changed from a fixed rate to a tracker but the tracker has a floor preventing the rate from falling below a certain level. The floor is clearly outlined in the contract for the mortgage, however, we were unaware of it when we signed and actually assumed we have been repaying at a lesser rate than what we were. I would like to argue that the floor introduced a significant unfair imbalance as it protected the lender from a reduction in the base rate without providing us with protection from raising rates. It seems many Spanish mortgages with similar "floor" contracts have had the floor nullified for similar reasons and they seem to be referring to the EU directive. I have also come across a EU Court of Justice [ruling](http://curia.europa.eu/juris/celex.jsf?celex=62011CJ0415&lang1=en&type=TXT&ancre=) regarding the directive which states: > > the concept of ‘significant imbalance’ to the detriment of the consumer must be assessed in the light of an analysis of the rules of national law applicable in the absence of any agreement between the parties, in order to determine whether, and if so to what extent, the contract places the consumer in a less favourable legal situation than that provided for by the national law in force. To that end, an assessment of the legal situation of that consumer having regard to the means at his disposal, under national law, to prevent continued use of unfair terms, should also be carried out; > > > in order to assess whether the imbalance arises ‘contrary to the requirement of good faith’, it must be determined whether the seller or supplier, dealing fairly and equitably with the consumer, could reasonably assume that the consumer would have agreed to the term concerned in individual contract negotiations. > > > That seems to suggest that a court would need to consider if I would have accepted the terms if I had been able to negotiate them with assistance of professional advice which would have been unlikely due to the one sided nature of the clause. UK law would seem to make the floor legally valid regardless of fairness because the floor was a "main part" of the agreement which means it is excluded from the fairness test. I am a bit out of my depth and definitely do not understand how an EU directive / ruling could affect my argument. However, is it the case that the EU directive / EU Court ruling can override the UK law? I would greatly appreciate any advice as to how best to formulate my argument with my lender or if I really don't have a leg to stand on from a legal perspective.

contract-law

Consumer Rights Act 2015 vs EU DIRECTIVE 93/13/EEC

2016-01-22T02:35:41.587

2017-02-15T13:06:08.563

CC BY-SA 3.0

I like to make video games and I figured I might as well make some money off of it. The problem with it is I have no idea how to get a copyright on my games before I start selling them. How would I do this? (Just comment if I need to specify anything else or if this is the wrong site.)

copyright

How to get a copyright on a video game?

2018-07-10T07:38:35.050

2018-10-05T17:44:05.457

CC BY-SA 4.0

I read a lot of books, and when I come across an interesting part, I take a photo and share it on my social media. I also do book reviews on my blog which always includes some paragraphs from the book I'm writing about. I also always do mention the name, and the author of the book in both cases. Am I violating the copyright law? Thanks

copyright

Am I violating copyright by sharing photos of pages of books I read or quoting them?

2021-07-21T11:22:02.853

2021-07-21T11:37:51.687

CC BY-SA 4.0

is it illegal if i convert a film to a game ? im a Game Developer i got some idea to convert Film Story to Video Game so i worried about is it allowed by owner of film or not at that situation if film not allowed Change Anime to Vedio Game not allowed too ? Thanks

copyright

Is it illegal if i convert a film to a VideoGame?

2019-02-23T12:06:04.630

2019-02-23T19:32:15.837

CC BY-SA 4.0

I purchased [this board](https://www.st.com/en/evaluation-tools/nucleo-f767zi.html) from [Digi-Key](https://www.digikey.com/product-detail/en/stmicroelectronics/NUCLEO-F767ZI/497-16525-ND/6004740) for $27.97. Later, I noticed on the ST website that there is a [license agreement](https://www.st.com/resource/en/license_agreement/evaluationproductlicenseagreement.pdf) for the board. (To be clear, I did not agree to the license when I purchased the board from Digi-Key, not even in a click-through fashion.) What disturbs me about the license is that it seems to apply not only to the software/firmware, but to the physical board itself. And it states that: > > STMicroelectronics (“ST”) grants You the right to use the enclosed Evaluation Board offering limited features only to evaluate > and test ST products solely for Your evaluation and testing purposes in a research and development setting. > > > It's not clear that my use would be "evaluation and testing," since I intend to actually do something useful/practical with it. (i. e. I am a [maker](https://en.wikipedia.org/wiki/Maker_culture) and intend to incorporate it into a project I'm building.) Furthermore, the license says that the board may not be resold. Although I'm not really intending to resell it, I would generally consider something I bought to be fair game to eBay when I'm done with it and don't need it anymore. How does this restriction fit with the Doctrine of First Sale? I intend to use [open source software](https://os.mbed.com/) on the board, to the extent possible. Though there are possibly some bits of the firmware (maybe the bootloader, for example) which are closed-source and cannot be replaced. Does the existence of this firmware on the board mean that ST Microelectronics can control what the board as a whole is used for? As a hypothetical, could the manufacturer of a washing machine include a "license agreement" which prohibits selling the washing machine to someone else when you don't need it anymore? (And if the answer is "no", what makes it different than my situation?)

licensing

Can a license agreement apply to a physical object?

2016-11-14T21:28:29.130

2016-11-14T23:42:45.003

CC BY-SA 3.0

I noticed some water damage under the bathroom sink a few weeks ago. The plumber said that it's not the faucet, but something above the sink. Being that we live on the top floor it could be a roof leak or damage to the pipe above the sink. There is no way to say for sure unless more drywall is removed. According to the HOA the pipes are my responsiblity, while the roof is HOA/property management. If the leak was caused by something HOA could be responsible for, 1) As I take the steps to repair the leak, what can I do to have a better case in a situation where the HOA can be held responsible for the repair? 2) Should I notify the HOA before opening up the wall? 3) Would I be able to request/collect reimbursement for what I spent on the repairs caused by the damage they are responsible to fix? 4) If the pipe was damaged by recent roof repairs, would the HOA still be liable? I don't have much experience in legal matters and appreciate any help Thank you

liability

How to approach a potential HOA dispute over a water leak

2016-07-26T22:39:59.683

2017-03-24T12:08:31.673

CC BY-SA 3.0

Some time ago, I developed a website for a client. During the development process, I used a staging server which is registered to and operated by me to host the site so they could follow development and preview the work I was doing for them. At this point in development, I added some images to the site as dummy content to illustrate how things would appear when the client had added their own images. I acquired the images from Google Images and one of them now appears to have been copyrighted with rights managed by a company notorious for suing webmasters for illegally using their images. The prototype website was not online on my server for long, but apparently long enough for the infringement to have been detected by said notorious company. Recently, the client received a letter demanding recompense for the use of the image - though again, the website in question was on a server and domain registered and operated by ME. My question is this: -------------------- ***Can my client's company be held liable for infringement that occurred on MY server/domain?*** ***The prototype website had the client's business contact details on it, so the letter demanding payment was sent to them, even though they have absolutely nothing to do with the server it was hosted on.*** I realize anyone reading this is likely not a lawyer with specific knowledge of this type of situation, but if you have any insight to offer it would be much appreciated!

copyright

Liabilty for copied website content on a third-party server

2018-03-29T22:38:59.610

2018-03-30T02:22:54.930

CC BY-SA 3.0

Aliases were used in the infamous hush agreement involving Donald Trump and Stephanie Clifford. The alias for Donald Trump was David Denison and the alias for Stephanie Clifford was Peggy Peterson. Did the document state who the aliases stood for? How could the agreement be enforced as an agreement between Trump and Clifford if it seems the agreement involved neither of them?

contract

Use of aliases in contracts between parties

2021-03-26T13:44:48.647

2021-08-24T01:04:40.500

CC BY-SA 4.0

Scenario: Someone starts talking to you while they record you without you knowing it. You notice they're recording you and they tell you the video is going on Youtube. You tell them that this is only OK if they blur out your face. They agree to do so. Then they post the video without your face blurred. Q: Can I sue this person? The video was taken as I was walking down a highstreet.

privacy

UK Law Question (England): Can I Sue someone if they post a video of me on social media Without my Consent?

2018-10-05T22:48:00.477

2018-11-18T03:03:55.800

CC BY-SA 4.0

I work from home for a virtual call center. I provide my own equipment but am required to use their software to connect to them, which often has problems. When these arise, and they cannot be resolved within 30 minutes by their software vendor, I am required to clock out. This happened to me 3 hours ago, and I am now in legal limbo. The software vendor told me to await a return call, not as yet received. I'm essentially on call now, or am I? I won't be paid for this time, so how long must I wait before I can no longer be expected to clock back in today?

employment

Can a call center employee be forced to monitor a technical problem off the clock?

2021-04-22T00:06:05.767

2021-04-22T03:18:07.370

CC BY-SA 4.0

Will Derek Chauvin's situation get worse on unsuccessful appeals? Is there a rule, law, or reasons that prevent him from going deeper into the appeal process to gain a more favorable/lenient ruling?

criminal-law

What worst outcomes Derek Chauvin can expect on appeals?