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jonathanli

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law-stack-exchange

like 10

2020-03-15T22:59:26.673

2020-08-23T19:46:36.353

CC BY-SA 4.0

Let's give this for an example: Billy lives in Oregon. Somebody said something in a non-logged chat, and Billy wants to prove they said it. He adds a photo to his Google Drive without the person's consent and shares the link in the chat. Is this legal?

internet

Are you Legally Allowed to add a Screenshot to Google Drive and Create a Sharing Link for Proof?

2015-09-24T21:40:10.620

2015-09-25T01:33:51.930

CC BY-SA 3.0

I run a publicly editable website where users can post up stories a various sort. Some are pretty normal, some are sexual, some are a bit perverted, and recently some have drifted into the pedophilia realm. No images or videos can be uploaded to this site. Are there any laws that I might be breaking by hosting this content?

internet

Are there any laws in the US against pedophilia stories hosted on a website?

2017-10-10T17:55:07.493

2017-10-11T15:08:10.667

CC BY-SA 3.0

A year ago I started working at a well known company and it turned out to be a lot worse than expected, so I'd like to leave ASAP since I already made plans for the future. As part of employment I was also given some money for relocation and other expenses. For it, there is a sentence in my contract (last part shortened): > > In the event that you choose to leave the company within 12 months of the start of your job responsibilities (start date for new hires or internal transfer date), all relocation cash allowances and money ... must be paid back. > > > My question (it might be more of an English than law related), but does within 12 months mean if: 1. The date when I stop working (my last work day) is within those 12 months, 2. I make a decision within first 12 months (officially give my resignation in first 12 months, even if then by notice period obligation I still work 13th month), 3. Something else :)? Thanks!

employment

Paying back relocation money and resignation

2018-08-05T14:16:30.017

2018-08-06T23:01:59.430

CC BY-SA 4.0

We use the localStorage API to store information about the login data to keep the user logged in through various sessions (we do not store personal information), furthermore the localStorage data is not accessible by third-parties. Should we show the banner asking for permission to use cookies (the legislation requires to use the name cookie also for similar technologies) anyway?

privacy

Do the GDPR and Cookie-Law regulations apply to localStorage?

2016-12-15T14:03:10.433

2016-12-15T19:45:36.860

CC BY-SA 3.0

In a small business we have people who make orders over the phone (commonly known as card not present). Common practice is to directly input the details into the machine as the customer reads them out. One of the chaps in the office is adamant that, they read out the details and I write them down and not input them in the machine, once the customer is done telling me the details I say that I will call them back with payment confirmation. I would then in my own time input the details into the card machine and process the payment and if all goes through, I would shred the paper immediatly and notify the customer. I don't feel comfortable writing the details down, I've told this chap many times. Is there a legal way I could tell him so he won't pressure me to do this in the future?

privacy

Is it legal to retain customer card details when making transactions over the phone (UK)?

2019-05-17T16:26:28.083

2019-05-18T00:59:45.153

CC BY-SA 4.0

A [recent answer](https://law.stackexchange.com/a/41091/104) had this law quote > > shall not be liable for damages in any action brought in a Federal or State court > > > and this explanation > > they cannot be sued over their actions > > > I posted a comment > > This statement is not accurate "they cannot be sued over their actions" they can be sued, anyone can be sued for anything in the US, per the law they can not be found "liable for damage" not the same thing. > > > Then I went looking for reference that supports my comment, and did not find one. Can I be sued if if the law says I am not liable?

civil-law

Can I be sued if if the law says I am not liable?

2017-10-22T16:51:14.657

2017-10-22T22:13:02.570

CC BY-SA 3.0

what is the protection requirement of Title VII of 1991 the plaintiff must follow to successfully file an action? I already included the time limit .

civil-law

Title VII of 1991

2020-10-02T19:45:48.997

2020-10-02T22:19:50.710

CC BY-SA 4.0

In New Hampshire law, RSA 631:4 makes "Criminal Threatening" a crime. The law begins: > > A person is guilty of criminal threatening when: (a) By physical > conduct, the person purposely places or attempts to place another in > fear of imminent bodily injury or physical contact; or ... (etc) > > > This seems like kind of sweeping statement. By comparison the Massachusetts statute (275 Section 2) specifically says that for an act to be criminal threatening, the action threatened *must be a crime*. The New Hampshire does not say this at all. In fact, simply threatening to "place another in fear of imminent...physical contact" is a crime. So, by that standard every high school linebacker would be a criminal because they put the fear of "imminent physical contact" into their opponents. Also, we can think of many other situations where people are put into "fear of bodily injury" or "contact". Without the constraint that the contact would be unlawful, the law seems to be absurdly open ended. So, assuming that the law is defective, is there any remedy for this in court? Can a defendant argue that a law is invalid because it is defective?

criminal-law

Is the New Hampshire version of a criminal threatening law defective?

2017-11-08T06:50:32.230

2019-06-29T05:03:06.923

CC BY-SA 3.0

I read this slightly [bizarre article](http://www.abc17news.com/news/two-convicted-felons-charged-after-touching-gun-in-gun-store/653184772) that says two convicted felons were charged after touching guns in a gun store. Although the article is unclear on the meaning of touching, I'm going to assume the men had physically held the gun in hand. That of course is clearly a violation broken, nothing to see here, move along type deal. They also had a third person essentially buy a gun for them. I guess they get an A for effort on trying to be smooth. It is not a smart idea of them to be in a place that sells weapons to begin with, but it made me wonder about a few things. Is it illegal for a convicted felon to enter a gun store, a gun show, or have some proximity restriction involving guns that they are knowingly aware of? My only real guess is some may be given strict rules based on their probation, being released on bond, constraints of their conviction, etc. If a felon did touch a gun, say with their pointer finger, is that enough to be considered in possession of a gun, or having control of the gun? For the record, I'm by no means questioning what the police did in this case. The article is worded very poorly, and simply produced a few possible "grey area" questions.

criminal-law

Convicted Felon - Touching a gun?

2019-12-23T22:22:54.990

2019-12-23T22:27:30.753

CC BY-SA 4.0

Dear Law StackExchange community, I'm attempting to get chat history removed with another party dating back a long time ago. I don't want the chats to remain existent on any device whatsoever, so I would like to have them removed based on the GDPR. Is Facebook/WhatsApp legally obligated to remove the chat history on every client (device)? It's a 1 on 1 chat so not a group chat. And yeah, I live in the EU. Edit: I know backups or any sort of restoration can't be removed, but I am talking cloud synced data, viewing chat on the app, etc. Thanks in advance.

privacy

Is WhatsApp legally obligated to remove my chat on every device, based on the GDPR?

2018-04-20T01:39:12.957

2018-04-20T21:05:00.833

CC BY-SA 3.0

Scenario: I shop at a local retail store. While I am there, I notice that store staff have printed out and placed a long list of cleartext credentials for major internal and external business systems, in plain view of customers. Question 1: If I take a photo of this list, redact the business name/brand, all passwords and any personally identifiable usernames (or usernames that identify the business), am I opening myself upto a lawsuit for posting this on social media to use as an example of poor security practices? The only thing identifiable from this post would be the type of store and the city that the store resides in (franchise). Consider that although I have redacted to the best of my ability, someone may read the post and decide to hunt around the area for a store that matches the photos, then find the list and act on it with malicious intent. Question 2: If I do post this list on social media with the aforementioned items redacted, am I legally required to notify the business first in order to give them a chance to take the list down?

civil-law

Am I required/permitted to disclose a security risk at a company I do not work for?

2019-11-12T12:41:22.593

2019-11-12T17:54:16.147

CC BY-SA 4.0

I want to use some of the information from one website, but that website has a copyright. The source of the information is under Open Government License" I have a few questions regarding the licence "Life in the United Kingdom: A Guide for New Residents (ISBN 978-0-11-341340-9)" **That website has a policy:** "All chapters from the study materials are crown copyright and have been reproduced from the government publication Life in the United Kingdom: A Guide for New Residents (ISBN 978-0-11-341340-9). This material has been reproduced with the permission of The National Archives under the Open Government License." Open government licence <http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/> Does it mean that all the information that has been "reproduced" from books follow their copyright? Can you copyright reproduced information by open government licence? I just want to know can I use the information from that website and just mention Open Government License and "Life in the United Kingdom: A Guide for New Residents (ISBN 978-0-11-341340-9)"' Thank you very much for the information.

copyright

Can you copyright reproduced information by open government licence?

2015-09-26T03:05:24.947

2015-09-26T13:27:52.210

CC BY-SA 3.0

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

copyright

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

2020-11-27T11:28:31.327

2020-11-27T13:20:58.823

CC BY-SA 4.0

Im under the Indian jurisprudence and this is what the Indian Information Act of 2000/66F says on the matter, > > Indian Information Act 2000/66F > > > > > Punishment for cyber terrorism.– Whoever,– with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people by– > > > > > (i) denying or cause the denial of access to any person authorised to access computer resource; or > > > > > (ii) attempting to penetrate or access a computer resource without authorisation or exceeding authorised access; or > > > > > (iii) introducing or causing to introduce any computer contaminant, > > > Since the administrator of the API has authorised only a certain number of API calls for a network, can it be construed as a violation of 66F clause 2 if we try to circumvent the rate limit even though the information is on public domain?

internet

Is using proxies to circumvent rate limit to scrape data legal?

2017-06-12T22:48:51.757

2017-06-13T02:58:43.967

CC BY-SA 3.0

Are there any legal ramifications to an employee reading the direct messages of another employee, whether the reading employee is logging in with another users credentials or not (reading over the shoulder, etc), especially then acting on the information included in those messages?

internet

Legality of reading others direct messages

2020-02-13T01:40:41.527

2020-02-13T01:40:41.527

CC BY-SA 4.0

Theoretical: I wish to import and sell wall chargers in the USA. I realize it is a good idea to get a safety certificate that signifies my product meets national safety standards to avoid being sued. However, my question is whether it is legal to sell them without a safety certificate (ETL, UL, etc).

business

Is ETL or UL necessary to retail AC chargers?

2019-03-12T15:44:29.260

2019-03-12T16:24:32.127

CC BY-SA 4.0

My ex sent me a check for part of health insurance for children. After it did not come, over 2 weeks, I reached out and told him I had not received the check. He went to the post office, the mail clerks let him go through my mail and take a picture of the envelop that came from him. It was conveniently on top of the pile, so he obviously went through it. Sent it to me and told me it was at the post office. Number 1, why was that not put in my box Number 2 - why is anyone going through my mail Number 3 - letting him take a photo? That's not right.

criminal-law

Photographing my mail and giving to my ex

2015-06-28T20:49:59.793

2015-08-23T21:08:14.897

CC BY-SA 3.0

In copyright case law, what roles do *process* versus *output* play in determining infringement via creation of a similar work. By *process* I mean, "How much access did the creator of the new work have to the putative base work?" By *output* I mean, "How similar, textually, is the new work to the older work?" I am primarily curious about the USA.

copyright

What considerations determine copyright infringement?

2020-07-14T14:50:58.520

2020-08-13T17:04:20.420

CC BY-SA 4.0

I've got a wordmark in an EU country, which is the name of my company. Someone else applied a logo as a figurative mark which contains their company name, in another EU country. Their company name is exactly the same as mine. Both marks are national trademarks. Both companies have exactly the same activities. They applied for 3 of the same classes and one other. I've spend hours on euipo to find an answer but wasn't able to find it. Can I oppose their trademark even though mine and theirs are only national trademarks?

trademark

Can the owner of a national trademark oppose the application of a trademark in another country when both are in the EU?

2016-09-24T02:10:43.050

2017-05-26T23:29:27.973

CC BY-SA 3.0

Is it legal to use someone else's modeling techniques and/or art style? Specifically I'm talking about a popular MMD modeler known as TDA, to create his characters he uses big eyelashes, colorful textures, etc, I create a model of my own using the same techniques, art style and similar proportions but I used those to create my own character, it is not an edit since I made it using blender yet I'm worried because I don't know how copyright works in this situation. A few examples of things that look similar in my model are: * the eyes (I used exactly the same mesh here since the effect it creates adds more depth). * the highlights on the eyes (not the same mesh yet same technique of separate materials from the eyes). * the ears (placed proportionally exactly at the same place where the tda model ears are, meaning that the distance between the eyes and ears is exactly the same). * the textures on the face and body are similar but I painted them using a softer style (the shadows are proportionally in the same place). Everything else from the face to the hair, body and animations is my original character. I can include pictures of both the tda model I'm using as reference and my model if needed.

copyright

Copyright question on character model techniques and style

2016-04-18T08:03:17.057

2016-04-18T23:10:44.287

CC BY-SA 3.0

I have seen an book [Chemistry Essential for Dummies](http://images.pcmac.org/Uploads/JeffersonCountySchools/JeffersonCountySchools/Departments/DocumentsSubCategories/Documents/Chemistry%20Essentials%20-%20The%20Most%20Basic%20Guide.pdf) on web which says that > > No part of this publication may be reproduced, stored in a retrieval system or transmitted in any > form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, > except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act > > > Is it legal to download this book under the sections 107 or 108 of the [Copyright Law](http://www.copyright.gov/title17/92chap1.html)?.I couldn't understand the sections since it's too lengthy and hard to interpret.Could anyone explain it in simple words.

copyright

Section 107 and 108 of the 1976 United States Copyright Act

2016-02-27T02:34:25.273

2016-02-27T03:52:21.730

CC BY-SA 3.0

Today I was leaving a large commercial building (~15 stories) and walked straight into the glass surrounding a revolving door, thinking that the opening was not so narrow. I went to the security desk and asked to use the bathroom to clean myself up. The person I talked to gave me some bandages and let me use the bathroom to clean the blood off my face. Another security guard then took down my phone number, email, name, and asked for an ID. Why did they take this info down? Are they going to contact me?

liability

I hit my head leaving a large commercial building and the security guards asked for my ID, phone number, and email - why?

2019-10-18T17:23:05.127

2019-10-19T11:10:50.690

CC BY-SA 4.0

I applied for a position as an independent contractor with a well-known tutoring company. Using their platform would have been an excellent opportunity for me. Unfortunately, my application was denied without any reasonable explanation or additional details on their part. I'm a highly qualified ACT tutor who scored in the 99th percentile in every subject area on the exam. I have experience with another nationally recognized tutoring company and received excellent reviews on their platform. I submitted a thorough and engaging profile and know I could have helped dozens of students succeed on this life-changing test. However, I can provide countless examples of approved pages on their site with typos, blatant grammatical errors, and lack of detail. The grammatical errors are particularly disturbing considering these tutors are supposed to be experts in the conventions of standard English. I can find no reasonable explanation as to why my profile was denied and these were approved other than negligence on the part of their content review team. I believe I'm being discriminated against and arbitrarily being denied an opportunity to make a living.

employment

Can carelessness and lack of consistency in the hiring process be considered a form of discrimination?

2016-12-31T16:48:25.887

2016-12-31T18:03:47.093

CC BY-SA 3.0

I work for a company in the UK and my employment contract states that I must not discuss my salary with colleagues. I know that this is illegal in the USA but cant find any information about in the UK Are there any laws in the UK that relate to this??

employment

Employment contract prohibiting salary discussion in the UK?

2019-10-02T15:44:48.113

2019-10-02T16:03:06.953

CC BY-SA 4.0

Normally DVD movies involve a license with rights to the actresses and other people. In the late 80s a license was heavily protected mostly by stakeholders like Brazzers. So I bought a porn movie for $22.99 can i now sell it for $3?

copyright

Selling old DVD-burned porno movies for less

2017-12-01T19:11:15.717

2018-12-13T01:32:27.980

CC BY-SA 3.0

In a recent [article](https://www.theguardian.com/us-news/2017/dec/01/trumps-ex-national-security-adviser-michael-flynn-charged-with-lying-to-fbi) in the Guardian: > > After months of silence and invisibility, Flynn walked into a federal courthouse in Washington DC on Friday morning and pleaded guilty to one count of lying to the FBI. The plea was part of a larger deal with special counsel Robert Mueller’s team, and strikes at the heart of the Trump White House. > > > What are the possible penalities that Flynn could face? One article in New York Times mentioned a punitive five years in prison. Presumably a plea bargain reduces the maximum number of years he could face behind bars. Is there any other precedent that could give us some idea of what he might be facing in this situation - or is this situation entirely unprecedented? The Guardian does mention: > > He faces a possible sentence of up to six months in prison in his guilty plea to the false statements charge. > > > How accurate is this assessment, or do we just have to wait and see?

constitutional-law

What are the possible punitive actions that Michael Flynn faces as he pleads guilty to one charge of lying to the FBI?

2020-06-20T18:16:13.983

2020-06-20T19:08:34.530

CC BY-SA 4.0

A museum has a very famous painting that is familiar to people across America. However, the museum says it owns the copyright, and you can't display pictures of the painting without paying a fee. But someone takes a photograph of the painting and makes it available on Flickr with a Creative Commons license that allows commercial use. Can the photo of the picture be used commercially? Or is this photographer in violation of the law?

copyright

Copyright status of photo of copyrighted painting

2018-03-13T01:29:18.537

2018-06-08T05:36:37.070

CC BY-SA 3.0

I am looking specifically for how the U.S. taxes businesses that originate from another country, but are doing business within the U.S., with or without operations taking place at a permanent address in the U.S. The source for this information should preferably be a .gov website.

tax-law

How are businesses based outside, but doing business inside of the US taxed?

2019-04-02T23:20:05.157

2019-04-04T15:09:46.447

CC BY-SA 4.0

The book is *On growth and forms* by D'arcy Thompson. It was published in 1942 and Thompson died in 1948. Wikipedia uses the image citing public domain. Can I use extracts and images from the book with proper citation without the problem? The image I want is Fig. 125 on [this page.](https://archive.org/details/ongrowthform1917thom/page/322) The book is also available in archive.org and I think it should be in public domain. The image itself has a caption and in bracket says `(After Rhumbler)`, I am not sure if it is by Thompson himself. Rhumbler would be Ludwig Rhumbler who died in 1939. So it should still be in the public domain as far as I get it. de.wikipedia.org/wiki/Ludwig\_Rhumbler Do I need a copyright license for the image or it is in the public domain and I could use it without one? I am in Germany and my thesis will be published in Germany.

copyright

Do I need permission to use an image from a book from 1942?

2019-08-29T21:05:49.473

2019-08-31T14:40:21.183

CC BY-SA 4.0

As it stands the UK implements an EU law which prevents the reverse engineering of proprietary software with few exceptions, could this change once we leave the EU?

intellectual-property

If a no-deal Brexit happens will EU provisions on reverse engineering be nullified?

2020-05-10T03:25:26.927

2020-05-10T11:07:35.713

CC BY-SA 4.0

I have A bill of sale signed by me(buyer) and grandfather(seller) it is a document I printed with terms that I was purchasing farm equipment as is in the current condition with equipment model and serial numbers on it. We both signed and put are current address on the bill of sale. Now 6 years later he is diagnosed with dementia and my father and uncle who were never involved with the farm are taking and trying to sell my equipment and don’t want to believe in the bill of sale. What do I do?

contract-law

Family won’t let me have farm equipment I have a Bill of sale on

2017-02-04T13:34:13.210

2017-02-05T00:06:24.797

CC BY-SA 3.0

Been thinking about this for a while: Suppose a company is hacked and maybe a lot of customer **sensitive or financial data** is stolen by the hackers. Who is legally liable for any damages? * Is it the Company itself, * The software developers in case they had some sort of security software they where using and it did not play its role, * Or the customers for not being careful with their private information.

liability

Who is liable in case of a cybersecurity breach?

2018-09-11T09:53:47.390

2021-02-07T00:10:44.523

CC BY-SA 4.0

I am making a software which would do gridcomputing (i.e combine many computers processes to speed up a Function/App/Computer) I would post it online like a virus and spread to computers. This software will not take any of data. Delete it. Use it. It will only use a little bit of internet and 10MB of RAM.

software

Is it illegal to post a software without permission?

2017-11-23T10:28:58.430

2017-11-23T11:19:20.100

CC BY-SA 3.0

I have read many articles about GPL because many libraries are using it and I use some of them inside a personal application I made. After testing my application I am thinking of making it public. It`s free of charge (freeware) and the problem is that I use a library as an external executable that is run by my application. This external executable is on GPL license but my application is not (and does not use any GPL-licensed library within it). Here are some links I read about the GPL license : [Why the gpl is not free](https://noordering.wordpress.com/2009/01/20/why-the-gpl-is-not-free/) [Are you sure you want to use GPL](http://lucumr.pocoo.org/2009/2/12/are-you-sure-you-want-to-use-gpl/) [Why not to use GPL and any GPL type license !](https://gist.github.com/LibCoder/4997f5d9954c63f6a3ca8920e91e4086) I do understand that anyone who uses a lib under GPL has to make his application open source, but I don`t know if I have to make just the executable that is under GPL license open source or if I have to make my application (which is not under the GPL licence) open source too? Also I read that if an application is under GPL license you can`t use your own license and terms and conditions. Does this apply only to the GPL exe? or also to my exe which is not GPL?

licensing

GPL License guide

2017-03-22T23:36:01.980

2017-03-23T02:36:18.390

CC BY-SA 3.0

This is a cross-post, originally posted in [Webmasters.Stackexchange.com](https://webmasters.stackexchange.com/questions/104798/necessity-of-collecting-ssns-for-1099s-re-affiliate-programs?noredirect=1#comment133111_104798) but it was suggested I post here instead: My question is basically this: I have an idea for a web service that would potentially allow affiliates to earn money. What I'd really hope to avoid is actually having to collect things like their Social Security Numbers, EIN's, etc, let alone any of the other compliance type issues that could arise. I'm wondering a couple of things. First: The need to issue 1099's doesn't actually arise until you're paying out $600 or more in a given year. Could I feasibly just let the program run, but only make the requirement of providing an SSN for tax purposes kick in when the affiliate is going to go over the limit? Ie, for the first $550, no SSN checks required, but after that, they need to provide this info to receive additional payments? Second: If I only make payments through a service like PayPal, who I presume has crossed all the T's and dotted all the I's, does this alleviate my need to do any additional checks on people (not that I even know what checks would be made). Third: Going hand in hand with the only making payments through PayPal idea - If i accurately record payments to affiliates as Services provided, does PayPal take care of 1099's as part of their role? In that I would only have to report payments made to PayPal, and it would be on them to report payments made to the ultimate beneficiary? This isn't a business that's been launched, but I'm trying to think out issues beforehand, and this is the biggest one I can think of - I would personally rather not have myself or anyone one on my team even be able to access anyone's SSN's, but if it moved forward, I would obviously want to do so in a way that was compliant with the IRS and any other regs. Any thoughts or guidance would be appreciated, unless it's "contact an Accountant" - I already know that's the most correct answer, I'm simply wondering if anyone else has gone down this road and can save me a little time and money on this, as this is still just idea phase, not operating business phase. Many thanks!

tax-law

necessity of collecting SSN's for 1099's (re Affiliate programs)

2020-06-06T17:58:17.067

2020-06-08T07:23:24.220

CC BY-SA 4.0

I am planning on building app/website where I will display football player names, their teams, and stats about them(goals, assistances, etc..) Is this legal or I need a license. Also I will use profile photos for each player. Can I also use team logos to refer where the players are ? I saw a post that said that facts is not copyrightable, but maybe, I cannot use names of football players teams. Any help or strategy is welcomed

copyright

Can I use football player names, team names, stats... in my app/website?

2018-03-24T23:42:46.063

2021-01-24T00:50:26.923

CC BY-SA 3.0

About a week ago a girl was shot in a Maryland school. Soon after that, a police officer shot and killed the gunman. The girl was critically injured, and on life support. After a few days, the family decided to take her off life support and she died soon after. Suppose the killer didn't die. What crime would the killer be charged with? The girl has died, but technically she would probably still be alive if her parents didn't take here off life support. I think in some cases, a jury could be convinced that it would be extremely unlikely that a victim would ever regain consciousness. Many would regard this as worse than attempted murder. Do some states have a crime that is appropriate for that situation?

criminal-law

Shooting victim taken off life support. What crime would be charged?

2021-11-16T15:29:55.833

2021-11-16T16:44:53.340

CC BY-SA 4.0

Please answer my question. I am unable to understand what is wrong or what is right. Please guide me in a simple way please follow my title what I am trying to ask.

copyright

Can I use youtube transcript data in my blog? Or do I have to make some changes before any blog post?

2019-12-18T17:41:36.493

2019-12-23T20:58:26.323

CC BY-SA 4.0

Does California’s [AB5](https://en.wikipedia.org/wiki/California_Assembly_Bill_5_(2019)) affect freelance software developers? If they own their own company (registered as Inc.) then they obviously are not looking to become an employee. They started their company to have autonomy and deliver work as they see fit. Does AB5 force them to no longer own a company and instead become an employee?

software

California’s AB5 and freelance software development

2020-09-22T17:14:55.863

2021-02-19T18:06:30.670

CC BY-SA 4.0

As per title, 50% of the budget for my salary is missing due to an employer-sponsor misunderstanding. The sponsor is giving 0.5 full time expecting that my employer would take care of the rest. On the other hand, my employer was expecting full time budget from this sponsor. My contract does not mention where the budget should come from, but I was CC'ed in an exchange of emails between the employer and the sponsor about this. I am in the USA and my contract is at will (termination with 15-day notice). If this is not sorted out, it will lead to contract termination. In this case, would I be entitled to make a claim for breach of contract? EDIT: I was hired two months ago, fully budgeted by the sponsor. The budget issue has just come out for the upcoming fiscal year.

contract-law

Missing budget due to employer-sponsor misunderstanding: is that breach of contract?

2020-04-26T10:33:32.020

2020-04-26T13:12:59.363

CC BY-SA 4.0

What does `BY` refer to in the context of this license name please: <https://creativecommons.org/licenses/by-sa/4.0/> I'm sure it's something really obvious that I'm missing.

copyright

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

2020-06-27T17:01:49.090

2020-06-27T20:31:47.967

CC BY-SA 4.0

Is it legal to use a name for a company that uses part, or all, of another trademarked name in it? For example, if I was creating a company that uses Google's software, could I name my company Googley Eyes, LLC? Does the answer depend on whether the name is "Googley" vs "Googly"? I found [this question](https://law.stackexchange.com/questions/32291/is-it-legal-to-include-another-company-name-in-your-name-example-is-orbitzmovi) and the answer says > > Since "orbitz" is a coined term its protection is stronger, there is > no natural object or concept this can refer to. "AppleMoving" is less > likely to be confused with "Apple Computers" because apples are real > things and need not refer to computers. > > > Does that mean that since googly eyes are a real thing it's more likely to be ok? The key difference from the linked question being that the company would be in the same industry of computer software, as opposed to a totally different industry (computers vs. moving).

trademark

Is it legal to use a name for a company that uses part, or all, of another trademarked name in it?

2018-04-17T21:14:30.863

2018-04-17T22:36:08.170

CC BY-SA 3.0

My boss has moved me onto the payroll for one of his other companies and I am trying to find out if I need a new employment contract. I was employed for a new start-up of his which did not work out and he has since moved me to the payroll for one of his other companies that I had been doing some work for and am now full time. I am in the process of looking for a new flat and have been told I may need to provide a copy of my employment contract so I am trying to pre-empt and get documents together, however, my original contract does not match my current payslips. Secondly, if I do require a new contract. My original contract has the following clause - should I ensure that this clause states that my previous employment counts towards this employment? > > 1.2. No employment with a previous employer counts as part of your period of continuous employment with the Company. > > >

employment

My employer moved me onto a new payroll. Do I need a new employment contract?

2016-06-08T08:29:02.080

2016-06-09T00:42:27.253

CC BY-SA 3.0

The Tour de France makes it quite difficult to get good map data about their stages. They publish some low-res images (possibly for purchase by media, I'm unsure). There is no modern 'navigable' map, like Google Maps. If I can see the route on the maps they've published, does making a new map displaying the route infringe a copyright? I understand the image of the maps themselves are copyright, but what about the route path on public roads?

copyright

Is it possible for somebody to copyright a route on a map?

2018-11-08T22:14:29.810

2018-11-08T22:39:47.867

CC BY-SA 4.0

<https://nypost.com/2017/11/28/mom-faces-jail-for-secretly-recording-daughters-bullies/> In this case, some kid bully another. I am not sure if bullying is a crime or not. It seems that some violence is involved. I think we have a crime for that, called battery or something. Yet, despite the complain of the mom, nothing was done. So the mom collect evidences for bullying. And she got charged instead. To me, the result is not "intuitive". To me, what should have happened is that the Mom shouldn't even bother doing the recording. She reports to school. School reports to cops. Cops do investigating and do the recording. We have evidence. The bully sent to jail. I think that "should have been" what happened. It's not. It's as if the society as a whole "approve" and "promote" the bullying by making sure there is no way the bully faced justice. The cops don't get involved. And the only way to get evidence is criminalized. If I were a DA, and say I want to get elected, I would throw the bully in jail. And if a bully is thrown in jail, then the "recording" event wouldn't have happened in the first place. I understand that DA does not have obligation to prosecute any crime. However, repeated battery seems like a reasonably obvious crime. If that's not crime, what is? Now, usually, if people have a few legal options, they pick the one that's the most profitable. What "profit" does DA have in prosecuting the mom instead of the bullies. As someone beaten up when I was a kid, I am wondering about this for a long time. Why do society more interested in protecting something I perceive as more trivial, like recording, compared to something far more substantial, like beating.

criminal-law

Why did the DA choose to prosecute the mother instead of the bully?

2018-03-04T14:18:19.320

2020-10-16T16:50:53.647

CC BY-SA 3.0

Can two companies that are offering the same services in Benelux have similar company names? Both company names have been registered with www.BOIP.

trademark

Can two companies have names that are similar in EU?

2021-11-05T14:45:36.523

2021-11-05T19:49:19.900

CC BY-SA 4.0

Suppose that an artist wants to sell arts/paintings on sites like Etsy. Suppose that the intended paintings are stylized paintings of popular celebs. Would doing so be an infringement of copyright? What legal issues might be involved?

copyright

Is making and selling paintings of celebrities copyright infringement?

2021-04-07T22:39:24.163

2021-04-08T21:49:58.267

CC BY-SA 4.0

I'm writing an article about the misuse of statistics in the courtroom. Of course one can not have this conversation without mentioning of the so-called "[Prosecutor's fallacy](https://en.wikipedia.org/wiki/Prosecutor%27s_fallacy)". Most of the examples of this date back to the late-90s/early 2000s e.g Sally Clark, Angela Cannings etc. The fallacy involves statistical reasoning in court cases. Basically, it is the error of assuming that the odds of a false positive are the odds of the defendant's guilt. So when the expert witness declares that the DNA test is 99.9% accurate, the prosecution tells the jury this means there is only 0.1% chance that the defendant is innocent. My question is has anything actually been done to address the issue of prosecutors and unqualified expert witnesses giving misleading statistics in the courtroom? Or have lawyers more or less learned their lesson from these instances and are more careful about it now? Moreover, does anyone know of any other general practises that have been implemented to help prevent faulty scientific analysis from being presented in court? (I'm asking mainly about the English legal system, however please feel free to present anything relevant about the American system or any other).

criminal-law

Is the prosecutor's fallacy still an issue in cases today?

2018-11-21T18:43:30.230

2018-11-26T17:44:43.470

CC BY-SA 4.0

In the following, all parties live and all actions are taken entirely within the United States. > > Let us say that a person (Bob) has purchased a book from the book > store. Bob likes the book enough to give one or more copies to > friends. Bob does not want to part with his own copy, and Bob does not > want to pay more than he already has, so Bob photocopies the book and > gives the copy to Sue. > > > Sue knows that the copy she is receiving is a copied book that Bob made for her and that > copying an entire book is a copyright violation in the United States. > Still, Sue accepts the book, reads it, and enjoys it enough that she > passes it along to Alice. > > > Alice knows that the copy she is receiving is a copied book and that > copying an entire book is a copyright violation in the United States, though she is not aware of its origins. > Still, Alice accepts the book, reads it, and enjoys it. > > > In doing my research, I can easily see that Bob has violated the copyright. In trying to figure out whether Sue or Alice are also in violation, all the material I am finding is focusing entirely on the act of reproducing the work or of giving it away. I am having difficulty finding anything about receiving such a copied work. I understand that Sue and Alice could possibly be held accountable for being complicit if they requested the book, especially if Bob copied the book as a direct consequence of such a request. For the purposes of this question, I would like to ignore the "complicit in Bob's copying" aspect of this situation. **Is accepting the book a violation of anything (except being complicit, as mentioned above)? Especially, does is it a violation of copyright?** Does the answer change at all between Sue and Alice since Alice can see the book is copied, knows Sue herself did not copy it, but knows nothing of its origins? Since the receivers of copies are rarely targeted by the copyright holders (or publishers) and generally the illegal distributors are targeted instead, I realize that this may not have been pressed in court, and maybe never will be. If that is the case, "There is no precedent." could be an acceptable answer, and it would explain why I cannot find an answer. However, I expect that there are at least some cases where a precedent of some sort was set and that they are merely being drowned out by all the other information.

copyright

Is it unlawful to receive a photocopied book?

2019-12-29T02:03:59.257

2020-01-08T18:44:45.097

CC BY-SA 4.0

Isn't all fraud technically criminal, and whatever you can sue for civil fraud could also be sued by the government as criminal fraud? Is it just a matter of whatever the government decides to prosecute? What I am asking is, isn't all fraud illegal? Regardless of whether it is prosecuted or who. Just answering the definition of civil vs criminal fraud doesn't answer the question.

criminal-law

Isn't all fraud criminal?

2020-05-07T11:53:22.387

2020-05-08T09:05:09.110

CC BY-SA 4.0

I am in the process of creating an online version of a popular board game. The rules of the game are taken from a version in a particular language. The game would be completely free to play and all of the graphical components were produced independently (although very similar to the original ones). The name of my game is different from the trademarked name, but the game rules are almost identical to the original board game. Is this legal? What are the risks I would incur if I decide to make it publicly available? --- **Note:** This question si diffent from "[Does reproducing a board game as a video game violate copyright?](https://law.stackexchange.com/questions/8687/does-reproducing-a-board-game-as-a-video-game-violate-copyright?noredirect=1&lq=1)" since it is specific to the game of Risk. Moreover, it explicitely asks about the legal consequences arising from distributing such an online game.

copyright

Online version of the "Risk" board game

2019-05-30T06:40:45.563

2019-05-30T22:40:38.143

CC BY-SA 4.0

I have made a scoring calculator in Excel from a copyright protected test/questionnaire that have 12 items with respective scores. In my Excel application I have included the names of the test items, e.g. 1) Depression, 2) Anxiety 3) Psychosis etc. All respective items are scored 0-3 points, I have created a simple summing of the items 1-12 in Excel. My question - is this a violation of copyright? Can I distribute this to colleagues or other physicians? The owner of the tests says no. Does copyright protection extend this far?

copyright

Is it legal to create scoring program in Excel of a copyright protected questionnaire?

2021-12-14T00:22:32.343

2021-12-14T02:21:23.963

CC BY-SA 4.0

I've seen several fictional situations where a District Attorney agrees to not prosecute various crimes committed by a kidnapper while conducting hostage negotiations. Would an agreement made by a DA in furtherance of obtaining the safe release of hostages be enforceable?

criminal-law

Is the DA bound by agreements made during hostage negotiations?

2016-08-13T15:49:22.097

2016-08-13T16:22:54.197

CC BY-SA 3.0

Am I allowed to lowercase an ALL CAPS section in a license? Example: > > The MIT License (MIT) > > > Copyright (c) 2015 Andrej Karpathy > > > Permission is hereby granted, free of charge, to any person obtaining > a copy of this software and associated documentation files (the > "Software"), to deal in the Software without restriction, including > without limitation the rights to use, copy, modify, merge, publish, > distribute, sublicense, and/or sell copies of the Software, and to > permit persons to whom the Software is furnished to do so, subject to > the following conditions: > > > The above copyright notice and this permission notice shall be > included in all copies or substantial portions of the Software. > > > THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, > EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF > MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. > IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY > CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, > TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE > SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.\* > > > I want to lowercase the last paragraph when I redistribute it: > > The MIT License (MIT) > > > Copyright (c) 2015 Andrej Karpathy > > > Permission is hereby granted, free of charge, to any person obtaining > a copy of this software and associated documentation files (the > "Software"), to deal in the Software without restriction, including > without limitation the rights to use, copy, modify, merge, publish, > distribute, sublicense, and/or sell copies of the Software, and to > permit persons to whom the Software is furnished to do so, subject to > the following conditions: > > > The above copyright notice and this permission notice shall be > included in all copies or substantial portions of the Software. > > > The software is provided "as is", without warranty of any kind, > express or implied, including but not limited to the warranties of > merchantability, fitness for a particular purpose and noninfringement. > In no event shall the authors or copyright holders be liable for any > claim, damages or other liability, whether in an action of contract, > tort or otherwise, arising from, out of or in connection with the > software or the use or other dealings in the software.\* > > >

licensing

Am I allowed to lowercase an ALL CAPS section in a license?

2022-03-28T22:04:47.900

2022-03-28T23:56:20.250

CC BY-SA 4.0

I am embarking on a possible EU-funded cooperation project to develop a platform, with other organizations. The development of the code will be shared. I am writing this application with my startup, to create a platform for impact in the cultural field. As such, I have specified to the organizations that the startup will need to own the platform, to attract investments and scale it up in Europe, and ownership is clarified in the EU application. I believe that these kind of approaches are commonly done through research-SME cooperation grants. However, I am unaware of the implications. I believe that any person's work must be paid and acknowledged, so I'd like to ask your advice on what kind of options are before me. Since the coder of a software has copyright over the developed code, can that be acquired after the development of the project? If yes, is there an indicative amount, or somewhere to look for this information? The other option, would be to give the coders a share in the company. However, it may be that they are not interested in that, and I would not like to find myself at the end of the project with a code that I cannot use, or that cannot attract investors (I am also one of the coders). This question is to understand how to move, without being potentially seen aggressive on the theme with my eventual partners. Any help would be very appreciated.

software

Software copyright in a collaboration project for startup development

2017-10-31T02:27:33.200

2017-10-31T02:27:33.200

CC BY-SA 3.0

Is there a comprehensive list of licenses freely available on the web? It should include both copyleft and copyright licenses. A link to the webpage and description would be very helpful.

licensing

Is there a comprehensive list of licenses on the web?

2019-06-22T18:46:05.287

2019-06-23T01:22:43.960

CC BY-SA 4.0

When an image has different copyright licenses, which one should I follow? For example, [this image](https://commons.wikimedia.org/wiki/File:Photo_of_the_Week_-_Seal_pup_at_Back_Bay_National_Wildlife_Refuge,_VA_(5343673024).jpg) is licensed under Creative Commons Attribution 2.0 and in public domain. Under CC2.0, the author should be attributed while under public domain, the attribution is not required. I don't know why the same image has two conflicting licenses and is it legal to use the image as public domain?

copyright

Two copyright for the same image

2016-07-04T14:24:55.563

2016-07-04T18:56:59.473

CC BY-SA 3.0

Both the original (Roy Orbison) version and the Two Live Crew version began, ["Pretty woman walking down the street..."](https://en.wikipedia.org/wiki/Campbell_v._Acuff-Rose_Music,_Inc.) Was this seen as copying under the "five word" plagiarism rule? According to the Supreme Court, the Two Live Crew version veered sharply away from the original, to the point of being "opposite." That is, the original celebrated a white woman, while the Two Live Crew version mocked a black woman. Was this what made it was parody, and after the appeals court decision was overturned, could therefore possibly make it fair use? In the end, there was a settlement, under which Acuff-Rose, the owner of the original, received no damages, but did receive licensing fees. Two Live Crew had earlier sought (and been refused) such a licensing arrangement, meaning that it got to its starting point. Apparently this was an equitable result given the hazards of further litigation. But was it possible that Two Live Crew could have performed its version "for free" if the appeals court had later found that "parody" made it fair use?

copyright

Explanation of the key elements of the Supreme Court "Pretty Woman" Parody Case?

2018-06-13T19:58:53.570

2018-06-13T21:23:21.313

CC BY-SA 4.0

I’ve already signed documents related to a house closing ( im the seller). I’ve deposited and spent most of the check. The realtor called me and said they wrote the wrong amount for the realtor commission. Now they want me to write a check to correct their error. Is it as simple as writing a check or will the contract have to be redone? Do I have to repay the money if the contract is already signed?

contract

House Contract law

2015-06-14T19:24:31.130

2020-06-25T16:43:21.437

CC BY-SA 3.0

I want to purchase a domain: curion.com It is unavailable because it is held by godaddy (as shown on whois.net) Question is, Can a web hosting company hoard a domain name to itself. Is it even allowed? The domain doesnt function either. How do I legally pursue this matter? What is the law? Whois details: Domain Name: CURION.COM Registrar: GODADDY.COM, LLC Sponsoring Registrar IANA ID: 146 Whois Server: whois.godaddy.com Referral URL: <http://registrar.godaddy.com> Name Server: NS1.JACKSONNATIONAL.COM Name Server: NS2.JACKSONNATIONAL.COM Name Server: NS3.JACKSONNATIONAL.COM Status: clientDeleteProhibited Status: clientRenewProhibited Status: clientTransferProhibited Status: clientUpdateProhibited Updated Date: 11-feb-2013 Creation Date: 11-jul-2002 Expiration Date: 11-jul-2018

internet

GoDaddy hoarding domains. What is my legal recourse?

2015-10-15T16:32:22.497

2017-03-01T10:27:30.950

CC BY-SA 3.0

Moved from [WorkplaceSE](https://workplace.stackexchange.com/questions/55998/can-an-employer-withhold-pay-for-a-fire-drill?noredirect=1#comment144348_55998). Recently there was a routine fire drill in an office building. As with most fire drills, it took about half an hour for the fire drill to complete and for everyone to get back to work. When the employees got back to their desks, they were told to charge 30 minutes of time to an overhead charge number, but then management sent out a correction saying that they were not allowed to charge the time lost during the fire drill. Instead, they had to "flex" their time (that is, make up the 30 minutes at some other time during the pay period, or else take vacation time). Is this illegal, or just bad practice? Do these employees have any recourse? Any examples of similar times when an employer mandates a period of time that an employee NOT be allowed to work during normal working hours are welcome also. Jurisdiction is in Virginia, USA, but input from other areas welcome for my curiosity. This didn't affect me personally so I'm not searching for legal advice, but it happened to some close acquaintances of mine. For them, the cost of just working an extra 30 minutes is *far* less than getting lawyers involved, but it did pique my interest so I thought it was worth a question.

employment

Can an employer withhold pay for a fire drill?

2022-05-23T11:48:04.530

2022-05-23T11:48:20.600

CC BY-SA 4.0

context: Peter is on vacation. He wants to have a whole body picture of him with the surroundings. He asks a stranger to take a picture of Peter with a Peter's camera. Who owns the copyright to that photo? Peter or the stranger? Thank you.

copyright

photo copyright owner

2017-08-11T03:38:48.700

2017-09-10T19:54:07.363

CC BY-SA 3.0

I am planning to write a novel in which the name of one of my character is Agent X but I found out that it has been used as a name of a TV serial.

trademark

Can I use the name of a TV serial / movie for my novel

2018-06-17T20:14:07.493

2018-06-17T20:31:29.290

CC BY-SA 4.0

I am working on a PC game that I intend of selling at some point in the future. The story of the game is revolving around a tribe that used to live in Europe. The name of the tribe is quite popular today and there is even a region with the same name in Greece today. I would like to know if it is legal to use names like that for my game story, or am I better off with changing the name so I wont get sued...

copyright

Copyright of country/region names for fiction

2020-11-14T00:17:11.327

2022-02-01T18:05:50.653

CC BY-SA 4.0

There's this program from a few years ago that isn't being sold anymore, and there's a simple way to extend the free trial forever by changing the expiration date in a text file. I was wondering if it would be problematic to write and publish a guide on my website detailing how to use this exploit, since I am not distributing anything.

software

Is telling others how to crack software illegal?

2015-09-10T20:26:09.890

2021-03-14T18:45:42.610

CC BY-SA 3.0

Let's say I want to assess how comfortable a candidate is with casual conversation, and if he would fit into our business culture. If I ask a question like "What kind of music do you like?", is that legal? The question is definitely not relevant to essential job functions, but based on how he answers I can assess how well he would fit in our company culture.

employment

Are all interview questions that don't apply to essential functions illegal?

2016-01-19T23:15:13.023

2016-01-20T07:31:13.053

CC BY-SA 3.0

From my understanding, all calls to 911 in the United States are recorded. How does 911 legally record calls in states where consent to record is required? From [Reporter's Recording Guide](http://www.rcfp.org/reporters-recording-guide): [](https://i.stack.imgur.com/BSQdp.png) I know that some states where consent of all parties simply requires a [recorder warning tone](https://en.wikipedia.org/wiki/Recorder_warning_tone), such as the State of California: [Air Transport Association of America v. Public Utilities Commission of the State of California, Defendants, 833 F.2d 200 (9th Cir. 1987)](https://www.courtlistener.com/opinion/497058/air-transport-association-of-america-v-public-util/?) > > G.O. 107-B defines disapproved monitoring of telephone calls as the use of equipment which allows a third person to overhear or record a telephone conversation without any indication to the conversant parties that they are being overheard, or without allowing the conversant parties to communicate with the third person. **A person wishing to listen in on a conversation without violating the regulation can provide notice by using a beep-tone warning device audible to all parties to the conversation** or by announcing to the parties that the conversation is being monitored. The order requires utilities to file tariffs prohibiting monitoring unless notice is given to the parties to the conversation, or their consent is obtained. If a telephone company learns that a customer is monitoring conversations in violation of the tariff, the order requires the utility to discontinue service if the customer does not refrain from such monitoring within five days after notice from the utilities. The customer can file a complaint with the CPUC if discontinuance is threatened, and the customer's service will not be discontinued pending resolution of the complaint. > > > but how the other states where consent is required and a beep isn't enough? E.g. from [laws on recording conversations in all 50 states](https://www.mwl-law.com/wp-content/uploads/2013/03/LAWS-ON-RECORDING-CONVERSATIONS-CHART.pdf): > > Maryland All Parties Md. Code Ann., Cts. & Jud. Proc. § 10-402 (a): The Wiretapping and Electronic Surveillance Act holds that it is unlawful to take or record a communication without the consent of all parties. > > >

privacy

How does 911 legally record calls?

2020-10-31T09:17:07.780

2020-10-31T23:09:28.413

CC BY-SA 4.0

Today I learned that the TV licence in the UK is required to: > > watch or record programmes as they’re being shown on TV, on any > channel > > > [Source](https://www.tvlicensing.co.uk/check-if-you-need-one?&&WT.mc_id=mec_Search_Brand&gclid=Cj0KCQjwlvT8BRDeARIsAACRFiUnMBxfrZeVMCp-gRvLec4xnADngSvgAfBE5fjNimNR_DBgvvgfdqUaAlGaEALw_wcB) This means that if I watch, for example, Sky Sports, even on my phone, I require a TV Licence, even though I’ve already paid Sky, and Sky are the ones providing the service. Given that the TV licence funds the BBC, and that Sky is a paid for service that has nothing to do with the BBC, I’m struggling to see why this is required. If there were no such thing as a TV licence, and the government tried to bring this rule in now, what possible legal justification could they make for it?

licensing

Why do I need a TV licence to watch non BBC services?

2015-10-05T19:20:43.693

2016-07-21T19:05:44.343

CC BY-SA 3.0

Scrolling about one day I noticed some text beneath the header of the YouTube page: [](https://i.stack.imgur.com/bbIqn.png) When I release the scroll, the underlay of the page returns to normal and the text is hidden once more. Are they legally required to do this, or is there some other reason for putting this text on the page? And, if it is required by law, how do they get away with hiding it as such?

internet

Why does YouTube hide "Ad displayed" or "Ad can be skipped messages" under the header?

2017-03-29T23:30:50.923

2017-03-31T23:59:56.893

CC BY-SA 3.0

In the United States, how egregious does an employee’s actions need to be to override [Respondent superior](https://en.wikipedia.org/wiki/Respondeat_superior)/[Vicarious liability](https://en.wikipedia.org/wiki/Vicarious_liability) and hold the company blameless? A hypothetical example: Bob is a full-time employee of Acme Services, LLC. One of Bob’s responsibilities for Acme’s construction company clients is to verify that equipment rental invoices match delivery records before notifying the client to approve the invoices for payment. For all of the clients except one, Bob follows the procedures properly. For Client C, Bob does no verification and has the invoices paid as presented. Neither Bob nor Acme realize any benefit from this action. Acme conducts periodic audits of its client accounts (selected at random), and eventually the mishandling of Client C’s account is discovered. Bob is fired (his excuse for his actions is that he disagreed with the political views of the owner of Client C). A full audit of Client C’s account shows they have overpaid various vendors. If Client C sues Acme Services for damages, can Acme (or their liability insurance carrier) in turn sue Bob (with a reasonable chance of prevailing)? Can Client C sue Bob directly without also suing Acme? Could Bob or Acme (or both) face any criminal liability?

liability

Is a company liable if an employee intentionally ignores company procedures?

2022-01-05T06:42:41.573

2022-01-05T10:16:38.750

CC BY-SA 4.0

From my understanding, FBAR is meant to track how much money US citizens hold outside of the US. Let's say that on June 2020 I had $10,000 (the minimum for FBAR reporting) in my account in the bank of London. Then in July 2020 I moved to Paris and transferred $10,000 to my account in the bank of Paris while closing my account in the bank of London. I only had a total of $10,000 in my holding at any point in time. However, if I report the max amount of all of my accounts I would report ``` Bank of London: Account XXX: $10,000 Bank of Paris: Account YYY: $10,000 ``` With an implied total of $20,000. Does that make sense? Could that come back to hurt me if the next year I only report $10,000?

tax-law

When filing an FBAR after transferring all of your money from one bank to another, should the "Maximum account value" be written for both accounts?

2015-11-05T11:19:56.307

2015-11-05T14:15:18.070

CC BY-SA 3.0

Where can one check that the agreement made and sent to any client by a stock broker genuine and legal?

contract

Stock Broker Company Agreement

2020-06-22T01:08:36.497

2020-07-23T05:52:15.507

CC BY-SA 4.0

I have been [told](https://home.kpmg/xx/en/home/insights/2018/10/united-states-indirect-tax-guide.html), that an overseas company selling in USA need to collect consumption tax and pay it back to US. However, our company is going to charge our customers in Australian dollars. Thus, to lodge a tax report in US we [must](https://www.irs.gov/individuals/international-taxpayers/foreign-currency-and-currency-exchange-rates) convert AUD to USD. And we would need to use currency conversion rates set by federal reserve on a day of our report submission. Where can I request these rates? I thought it would be Federal Reserve Web site [RSS](https://www.federalreserve.gov/feeds/h10_data.htm) or [CSV](https://www.federalreserve.gov/datadownload/Choose.aspx?rel=H10) But the data are published weekly at 4:15 there. What resource should I use for currency conversion rates?

tax-law

How to calculate currency conversion for USA consumption tax (sales tax) reporting

2018-01-27T10:55:20.783

2018-02-01T22:43:02.910

CC BY-SA 3.0

Metric compatible fonts (typically open-source) copy certain metrics from a (typically copyrighted) "source font". "Advance width" at least, and maybe other metrics (I have seen discussions of copying kerning data). Why is this not copyright infringement? Presumably the designer of a metric compatible font is not printing the source font and measuring it. They are using the *exact* metrics to achieve exactly the same horizontal spacing. Why does the creation of a metric compatible font not constitute copyright infringement?

copyright

Why are Metric Compatible fonts not copyright infringement?

2022-01-14T17:18:40.170

2022-01-15T01:11:23.297

CC BY-SA 4.0

I'm wondering what trouble a game developer could get into with making references to other things that served to inspire the dev. Suppose the dev plans to sell the game; would such references possibly cause issues later down the line --- I refer tpo references such as, for example: * drinking bird (*Alien* movies) * Glasses with "A. Wesker" written on the side (Resident Evil) * A brochure that advertises The Overlook (*The Shining*) * Newspaper talking about a shark killing "Martha Vineyard", aged 75 (*Jaws*) * One of the lockers has the name "S. Henriksson" (Cry of Fear) * Book titled something like "The favourite fellow" by Charles L. Ray (Chucky)

copyright

I'm working on a game and want to reference some other games and movies. How much trouble could I get in with the examples below?

2015-07-18T00:56:30.997

2015-07-28T12:50:41.403

CC BY-SA 3.0

I found this on [Amazon TOS](http://www.amazon.com/gp/help/customer/display.html/?nodeId=508088): > > ... You may not incorporate any portion of the Amazon Software into your own programs or compile any portion of it in combination with your own programs .. > > > Now I'm wondering [what this company is doing](http://www.indix.com/usecases/enrich/) or Google/Bing as well. There are plenty of companies who scrape data from Amazon, eBay, Etsy or news websites, Stack Overflow, etc. and do something with it (either republish or analyse or similar). So in the case of Amazon TOS: Would indix.com be doing something legal if they put the products data into their database? How about Google?

contract-law

What am I allowed to do according to Amazon TOS?

2015-06-10T19:42:33.627

2015-06-11T20:22:31.183

CC BY-SA 3.0

Can someone who discovered a [zero-day exploit](http://en.wikipedia.org/wiki/Zero-day_%28computing%29) in a program sell the information, and does the applicable jurisdiction depend on his location, the buyer location, the location of the developed of the product that the exploit targets, or something else?

software

Is it legal to sell zero-day exploits?

2019-06-21T19:12:15.270

2019-06-21T22:58:57.617

CC BY-SA 4.0

What is the legal basis for the prosecution to use ones private journal against them in the court of law. If so why is this not a violation of the right not to testify against oneself. If i have this wrong point it out. to clarify, in state and federal proceedings.

constitutional-law

Could using Private Journals be a violiation if used against someone in the court of law?

2020-05-02T10:14:12.087

2020-05-02T13:30:34.237

CC BY-SA 4.0

Now, our state is in war zone and people are dying daily because of war. Government and Arakan Army are fighting with heavy weapons. No Journalist are allowed to enters, we have 17 divisions in our state and only 3 divisions access internet and telephone. Government cut off those. So, here is my question. There are so many fake news on facebook about your state current situation. We reported facebook team and they reply "It doesn't go community standard". **So, Where should I report if we have prove? If facebook ignores "fake news".** Normally, in my point of views, fake news on internet is usual but people are dying and world need to know truth.

internet

What should I do if facebook ignore fake news?

2020-11-24T00:44:19.210

2020-11-24T00:48:32.057

CC BY-SA 4.0

There is a contract with four preconditions, of which the failure of any ONE is sufficient to void the contract. Clearing the four preconditions requires the execution of ten documents, involving the actions/signatures of ten people. In theory, this could mean up to 100 executions, although it's more like 60-70, because while every person has to execute at least one document, not all ten persons have to execute all ten documents. How do lawyers keep track of which documents have been executed, and which preconditions have been fulfilled? Do they use a grid or tallying system for this purpose? Are there "best practices" in record-keeping for many of the subject matters?

contract-law

How do lawyers determine when the preconditions for a contract have been met?

2015-06-27T22:39:49.560

2015-07-27T22:52:56.917

CC BY-SA 3.0

If Chinese company ABC has an established brand for their product, "The Widget", and American company XYZ makes an add-on or modification for that product and sells said add-on as "The Widget Improver", with or without reference to ABC, is there copyright implications? I felt XYZ was enhancing and benefiting ABC, but someone today suggested I may have a problem as the name insinuates "The Widget" is inferior as-is, and also copyright infringement since "The Widget" is in XYZ's product name and, specifically, because XYZ's product specifically functions due to the "The Widget" being in the marketplace. I could use specific names and examples but I wasn't sure what is expected on this site. I found [this article](http://www.entrepreneur.com/answer/221456), which sort of addresses my question and suggests that a license agreement is necessary. But is it really necessary, or only necessary from ABC's (and that author's) point of view?

copyright

Copyright implications for developing/marketing a 3rd party accessory?

2016-05-03T09:07:30.270

2018-10-19T12:03:28.403

CC BY-SA 3.0

NY/USA here if jurisdiction matters. I am employed full-time and am salaried. I have an at-will employment with no special contractual constraints with my employer. Can I lawfully be fired for simply "*not being a good fit*"? What does the employer have to prove to claim this?

employment

Can one be fired for "not being a good fit"?

2020-11-26T10:10:37.963

2020-12-31T00:43:11.250

CC BY-SA 4.0

If a second contract is signed after a prior one and they fully conflict going against fully being each other and there is no mention done of which contract mainly overrides being the other then in the given being situation which given prevails actually? **Content before last given editm :** Let us say A and Z sign two contracts. The first contract says that A will pay Z $0.5 to $1 a month. There is no mention of what happens if another contract is signed opposing its terms. Later A and Z sign a contract stating $0.2 will be paid to Z per month and nothing more. There is no mention of the first contract in this one. Which of the two contracts will prevail over the other?

contract-law

Do newer contracts supersede prior ones?

2019-06-21T11:35:09.783

2019-06-21T14:08:09.540

CC BY-SA 4.0

To clarify the title, here is an example: 1. Alice wants to sign up to online store Nile.com 2. Alice enters the email `bob@mailprovider.com` by accident 3. Nile.com does **not** send a verification that Alice has to complete but directly accepts the registration and the email 4. Alice orders stuff from Nile.com 5. Bob, who is completely unrelated to Alice, starts getting emails that contain information about Alice that includes her name, (delivery) address and purchases I tried to look through [the entire text](https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1528874672298&uri=CELEX%3A32016R0679) but I honestly got lost around the processing sections. The only relevant part I noticed was in Chapter II, article 5 > > 1. Personal data shall be: > > > [...] > > > (d) **accurate** and, where necessary, kept up to date; every > reasonable step must be taken to ensure that personal data that are > inaccurate, having regard to the purposes for which they are > processed, are erased or rectified without delay (‘accuracy’); > > > [...] > > > (f) processed in a manner that ensures appropriate security of the > personal data, including **protection against** unauthorised or unlawful > processing and against **accidental loss**, destruction or damage, > using appropriate technical or organisational measures (‘integrity and > confidentiality’). > > > (emphasis mine) What are the legal obligations of Alice and Nile.com here? It is ultimately Alice who made the mistake and Nile are following the user's preference for contact, even if it's wrong. I couldn't see (or I missed) if Alice has an obligation to provide accurate data. At the same time it seems like Nile.com should have done due diligence before essentially leaking (is this considered "accidentally losing"?) PII to a third party.

privacy

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

2020-11-30T03:15:21.727

2020-11-30T19:48:15.240

CC BY-SA 4.0

Some background first: ---------------------- When I was in college for engineering, the student-run IT department in the general dorm absolutely insisted on seeing every device on the network, and all the traffic too, to the point of banning even "dumb switches" (which are still smart enough to figure out which port a specific device is connected to, and only send its traffic to that port) and issuing hubs instead (which blindly broadcast everything they receive to all of their ports, so that the IT guys could see what I sent to my networked printer). This was when Windows XP was current, which allowed unrestricted access to its Public folders by default. (they *are* PUBLIC, after all, right?) Put that together, and we have ***a bunch of college kids with officially-mandated direct access to the other students' Public folders!*** (there are several things in that bold part, that the combination of should raise flags) Also at that time, the Public folders were the default save location for a number of things. So quite a few of them had what appeared to me to be extensive music collections, which leads to: The question: ------------- I decided to be honest, and NOT copy that music for myself, but if I had, who would have been guilty of what? My understanding of copyright law suggests that: * The student that I copied *from* would be guilty of unauthorized distribution, and could be fined accordingly, despite knowing nothing of what was going on or even how it was possible, simply because it was in their Public folder and thus made freely available to others. Nevermind that "Public" was simply their software's default save location, and they again knew nothing of the ramifications. Thus, this poor student gets slammed, completely out-of-the-blue, for something they had no idea about. * The developer/owner of that music-management software may also get sued for making it easy for this to happen. (Public by default) * The dorm's IT department might get a not-so-nice call as well, from a high-powered lawyer, about making it easy for this to happen. (requiring access) * ***\*I\**** could simply claim ignorance, that the officially-enforced arrangement implied permission, and that I had accepted the offer on good faith. I would then get off with little more than an order to delete everything that I had taken. (and whatever the IT guys decided to do with me for their troubles) Unless of course I had distributed it myself, knowingly or not, in which case I'd be in the same boat as the student that I had stolen it from. Is that true? Did I put the concepts together correctly? Or am I all wet?

copyright

Who would have been guilty of what in this scenario?

2019-09-17T05:19:55.243

2019-09-20T12:56:03.443

CC BY-SA 4.0

Q re U.S. Copyright registration: I understand that by leaving blank the space asking for an author's (legal) name but indicating the author's pseudonym that the two names won't be linked and thus the correlation will not be made publicly available online or otherwise. That's what I understand. I also understand that it is not wise to copyright solely under a pseudonym, as it can get rather tricky to prove that I (the legal 'I') am the author should any legal issue arise. Now, if I were to use my legal name as the claimant do have my cake and eat it too, or are the terms 'claimant' and 'author' looked at as two separate things? In other words, If my legal name is Bob Roberts and I leave blank the author name but say that the work is pseudonymous and use the name Bill Williams as the pseudonym, will my using Bob Roberts as claimant make it clear that my legal self is, in fact, the author?

copyright

Legal Name and/or Pseudonym and Record Keeping

2020-08-01T19:00:53.403

2020-08-01T19:35:08.263

CC BY-SA 4.0

Whats happening? ---------------- Recently, the Trump administration has announced their intention to ban the popular social media application TikTok. The Trump administration claims this is on the grounds of national security, accusing TikTok of being an agent of the Chinese Communist Party. TikTok denies these claims and counters with statistics of American ownership/employment. As a result, TikTok is currently in a fire sale mode in the financial markets - with potential buyers being Microsoft amongst other tech giants. How will he do this? -------------------- What specific legal mechanisms will the Trump administration use to enforce this ban? Are there any restrictions? --------------------------- What conditions must be met in order for the executive branch of the government to employ these mechanisms? Can these mechanisms be arbitrarily leveraged by the current/future President? Do these same laws apply to domestic companies? **Would it be plausible for these same legislative mechanisms to be used in the future for the purpose of selecting winners/losers in the tech industry at the personal discretion of the President?** For example: *banning Twitter on the grounds of national security and force it to sell to another domestic platform that is more aligned with the president's world view?*

internet

How will Trump ban TikTok? And are there any restrictions on these mechanisms being arbitrarily applied to other companies?

2020-09-03T00:50:37.323

2021-07-25T19:01:10.120

CC BY-SA 4.0

Bing shows Youtube videos directly on its own page instead of sending the traffic to Youtube. How do they get away with copyright etc? Do you have legal support by only writing who uploaded it and linking to the source? I assume that Bing is a competing business to Youtube and if Youtube could have, they would have forced Bing to send over the traffic.

copyright

How does Bing get away with showing Youtube videos on its own site?

2021-03-12T13:53:11.330

2021-03-12T16:54:48.590

CC BY-SA 4.0

**Can a person be convicted in their home country A for something that is considered a crime in country B (but not a crime in A)?** Take for example something less extreme like, reputational damage of a company, not something like murder, which international police would deal with. The action itself is not considered a crime in country A (i.e. not enshired by any law), however, in country B it is. The reputational damage is what would derive from it, and that is a crime in both country A and B, however, the company of country B has no presence in country A.

business

Can a person be convicted in their home country A for something that is considered a crime in country B (but not a crime in A)?

2016-05-30T01:58:43.257

2016-05-30T05:55:21.400

CC BY-SA 3.0

Say I pose as another person on social media and use their name, photos, etc. Given that it's just a mock-up account and it's not used solely for criminal activity or among other means to harm or damage the person in question, would mimicking their profiles alone be illegal? Is posing as another person illegal if all you're doing is re-hosting their images and using their name, but not engaging in any questionable activity under their name (for example, saying racial slurs, etc.)?

criminal-law

Posing as another living person on social media -- illegal or no?

2018-05-14T05:06:52.687

2019-10-28T02:09:41.427

CC BY-SA 4.0

**[Russian firm charged in election interference case pleads not guilty](https://www.usatoday.com/story/news/2018/05/09/concord-management-arraignment-russia-investigation/594454002/)** (USA TODAY) > > Mueller's office charged in February that 13 Russian nationals and three businesses sought to meddle in the election election ... one of them, Concord Management and Consulting, LLC, dispatched a pair of lawyers to federal court in Washington to plead not guilty to the charges. One of the lawyers, Eric Dubelier, said Concord would "exercise our **right to a speedy trial**." ... Mueller's office said in a court filing last week that Concord's lawyers had already demanded that prosecutors turn over "sensitive intelligence gathering, national security, and foreign affairs information," including details on electronic surveillance of the company and its employees. > > > **How soon must Mueller produce the evidence?** (And will it be made public?) [Indictment: USA vs. Internet Research Agency et. al.](https://www.justice.gov/file/1035477/download)

criminal-law

Russian firm charged in election interference case pleads not guilty - "speedy trial"?

2015-07-24T23:42:10.927

2017-04-03T17:36:17.433

CC BY-SA 3.0

So, this might sound like an odd question, but at a very simple ethical level there is a clear problem with using an adblocker. There is, after all, a very clear understanding that ad providers are paying them for your access to the content or put differently: You pay for the content by watching those ads (of which selling your privacy is often (though not always) a part). Unethical however hardly means directly unlawful/illegal, so I have often wondered about the legal mirror of those ethical rules. Our hypothetical case ===================== So, some ToS's explicitedly have statements like > > You agree not to alter or modify any part of the Service. > > > taken from the [YouTube ToS](https://www.youtube.com/static?template=terms&gl=US). So let's assume our theoretical service has those as well possibly even explicitly addressing adblockers. Note clearly that I am not saying that the quoted statement is the best legal way of putting this, it's purely an example. Now, lets say that a user uses this service for a year whilst an adblocker is running. Lets also say that the user has signed up for the service and explicitly consented the Terms of Service. Is there any way that the service could lawfully get this user to pay up for his usage of the service (the loss of income)? Or if not, is there *any* form of 'punishment' the user could face? (Beyond being blocked from the service, but he could also be blocked from the service even if he didn't use an adblocker if the service answer would feel like it) And if yes, does it require such an explicit segment in the ToS or is this already a natural given? PS. I have selected the [united-states](/questions/tagged/united-states "show questions tagged 'united-states'") as the main focus of the question, simply because it's most likely to get a quality answer, however if you also know how the same would work out in a western european country I would love it if an answer could include a *very* short rundown of that as well.

internet

Is it illegal/unlawful to use an adblocker?

2019-03-02T23:11:40.490

2019-03-03T00:20:14.960

CC BY-SA 4.0

This is the situation: I have a booklet that contains sketches (2D drawings) of human teeth. I would like to use them as reference materials to build 3D models (using blender) and publish the models on Sketchfab and a mobile App. I'm not sure about it since I see people, for example, making car models and selling it on Sketchfab, for branded cars, like Mercedes or Corvette etc... Did they need permission to make this work from the original designers? What are my legal responsibilities in this aspect? Is this considered a copyright infringement? Thanks in advance for the advice.

copyright

Will I need permission from the work owner of a 2D sketch to make it a 3D model?

2018-10-04T04:35:41.577

2018-10-04T07:30:59.283

CC BY-SA 4.0

I live in a mobile home park in California. Recently, the park announced that our TV service will be provided by the park and instead of paying the TV provider, we will be paying the park directly. [CA Civ Code S. 798.25(e)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=798.25) says > > Any amendment to the park’s rules and regulations that creates a new fee payable by the homeowner and that has not been expressly agreed upon by the homeowner and management in the written rental agreement or lease, shall be void and unenforceable." > > > However, [CA Civ Code S. 798.32](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=798.32) says > > (a) A homeowner shall not be charged a fee for services actually rendered which are not listed in the rental agreement unless he or she has been given written notice thereof by the management, at least 60 days before imposition of the charge. > > > (b) Those fees and charges specified in subdivision (a) shall be separately stated on any monthly or other periodic billing to the homeowner. If the fee or charge has a limited duration or is amortized for a specified period, the expiration date shall be stated on the initial notice and each subsequent billing to the homeowner while the fee or charge is billed to the homeowner. > > > These 2 sections seem to contradict each other. Is this a violation of the first section? Or is this in compliance with the second section? Or something else completely?

civil-law

Mobile home park in California charging extra fees for television service

2018-06-03T15:55:02.233

2021-04-02T02:05:30.547

CC BY-SA 4.0

I want to know if it's legal to crawl some websites, let's say cnn.com and bbc.com, and display the title, descripton, the image, as well the link to redirect to the actual link for the news?

copyright

Is it legal to crawl news from any website, maintaining a link to their news?

2017-11-01T01:28:57.653

2017-11-02T00:54:31.387

CC BY-SA 3.0

I plan on starting my second company as a corporation and filing as an S-Corp. Would my new business name still be > > Business Name Corporation > > > or is a different form used?

business

Do S-Corps and C-Corps both end their business names in "Corp"?

2016-10-04T15:16:19.763

2016-12-04T04:56:58.007

CC BY-SA 3.0

> > In this Act, 'industry' includes establishment, undertaking, work, trade, business and any other workplace; > > > As a non English native speaker, sadly, I can't gasp the differences of the meanings of the words completely. Help me.

employment

The differences : 'industry' includes establishment, undertaking, work, trade, business and any other workplace;

2019-03-06T13:35:13.090

2019-03-06T16:29:36.057

CC BY-SA 4.0

I have taken a book from my university's library and it states in the second page : > > The law of March 11, 1957 authorizes only "copies or reproductions strictly reserved for the private use of the copier and not intended for collective use". > Any representation or reproduction, in whole or in part, made without the consent of the publisher, is unlawful. > > > It is a book written in french and a french address containing "Paris" figures in the same page so this is probably a french law. Any of you have an idea on whether this law is still up or not? This allows me to take photos I guess but I am not sure on the validity of the law as I stated in the last phrase. [](https://i.stack.imgur.com/6kw6E.jpg)

copyright

Capturing photos of a book

2017-04-15T03:32:41.640

2021-10-02T06:08:20.313

CC BY-SA 3.0

Canada's constitution is not a single document, but [many documents](https://en.wikipedia.org/wiki/List_of_Canadian_constitutional_documents) passed over time. Is there existing case law as to whether parts of an older constitutional document can be found unconstitutional in light of newer constitutional documents? For the purposes of this question, I'm excluding cases where the newer document directly repeals older documents, or parts of them.

constitutional-law

Can older parts of Canada's constitution be found unconstitutional?

2020-02-17T23:42:26.287

2020-02-18T17:08:25.960

CC BY-SA 4.0

Do the two that-clauses below bewilder you too? How can they be rewritten more basically? 1. 1 flummoxes me as it contains 2 "opinion"s. But I grasp that "opinion is held on reasonable grounds" modifies, and thus is the, "false statement of fact". 2. 2 flummoxes me as it contains 2 "intention"s. I grasp that > > a false statement of fact that intention/opinion is actually held = You don't actually hold that intention/opinion. > > > But what the heck does it mean to intend a false statement of fact that intention (opinion) is actually held? [Richard](https://www.uclan.ac.uk/staff_profiles/richard-taylor.php) and [Damian](https://www.slaughterandmay.com/who-we-are/partners/damian-taylor/) Taylor. [*Contract Law Directions* (6 edn 2019)](https://www.amazon.co.uk/Contract-Law-Directions-Richard-Taylor/dp/0198836597/ref=dp_ob_title_bk). p. 180. [](https://i.stack.imgur.com/HKEAV.jpg)

contract-law

"Intention that implies false statement of fact that", "Opinion that implies false statement of fact that"