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law-stack-exchange

like 14

2021-01-18T10:28:24.667

2021-01-18T12:36:55.910

CC BY-SA 4.0

I would like to include images from the web on my personal website(non-profit & non-commercial use), how do I say that the images are not mine and they belong to their respective owners? does this relate to this "Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for 'fair use' for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use."

copyright

Using Images from the Web for personal use

2016-01-06T18:40:28.533

2016-04-15T21:31:16.550

CC BY-SA 3.0

Is it legal to post dark web exploration videos (e.g. exploring virtual drug markers without buying anything) on YouTube without any trouble (I live in Europe, Estonia to be specific)? And clearly I'm not going to buy anything, just "exploring". So does anyone know? I'm pretty sure I saw series like that by OrdinaryGamers or something, but can it differ from country to country or something?

internet

Dark web youtube videos - legal to post?

2017-11-24T18:49:29.677

2017-11-24T19:34:44.963

CC BY-SA 3.0

Much of what I have been reading points to ISPs being allowed to *throttle*, ie. *slow down* access to certain "competing" websites and services. If current "net neutrality" laws were to be repealed, would ISPs be legally allowed to completely block access to, or otherwise censor, such "competing" websites and services?

internet

Would the end of "net neutrality" legally allow individual ISPs to block access to/censor sites and services?

2016-02-29T21:42:12.853

2016-03-01T00:20:19.183

CC BY-SA 3.0

Axanar is a fan made movie of Star Trek in preproduction, whose producers are being sued jointly by Paramount and CBS for copyright violation. When every news coverage article I found failed to question the applicability of copyright for the case, and [at least one](https://www.thewrap.com/why-star-trek-fan-film-producers-should-have-seen-cbsparamount-lawsuit-coming/) implies the cause is lost for Axanar, I started to question my convictions on what copyright is for. Part of me wants to believe that the move is just FUD on the part of the plaintiffs, and the lack of question on the case by the media is simply due to the lack of expert understanding on the Copyright law by people in general (who tends to bundle together every type of intellectual property law into a single mess). But now I am starting to doubt it. Copyright law is very specific for what is protected, so, motion pictures are protected, but if no one is making verbatim copy of part or whole of the work without authors consent, there shouldn't be any copyright infringement, right? I mean, fictitious organizations name, fictitious star system names, characters names, spaceship designs and general concepts falls out of scope of Copyright, is that correct? Maybe other IP laws, like trademark, can apply to theses things, but not copyright as I understand. So, is my understand about copyright deeply flawed and there indeed any sound legal basis for the motion? How so?

copyright

Why there seems to be a case on CBS/Paramount vs. Axanar?

2018-08-02T18:26:14.197

2018-08-02T19:49:36.770

CC BY-SA 4.0

I was trying to cancel my gym membership because I had a surprise surgery that put me out of physical activity for a few months, and I couldn't leave the house for one month, but they told me that no matter what I need to come in to cancel without exceptions. Can they say this? Now they're trying to charge me for the months that I was unable to attend for but still "had a membership" because I "never canceled". I regret not trying to email them after the phone call, I would have much preferred to have a record of this.

contract

Canceling gym membership while in recovery

2016-08-10T00:08:28.643

2017-03-27T03:17:46.570

CC BY-SA 3.0

I was wondering what laws, if any, restrict donating money to criminals who have committed crimes which you support and want to encourage (lets assume the motivations are not necessarily so explicitly stated). Musings: On the one hand this seems basically the same as paying someone to commit a crime. But on the other hand, accused criminals get donated money all the time to fight the ensuing court battle. Which seems like something that is clearly legal. *This is in response to the recent flurry of donations and 100K bail given to the man who assaulted Dylann Roof. And was just wondering how exactly the law applies to such unique situations.*

criminal-law

Giving Someone Money Because of a Criminal Act?

2017-09-09T08:58:08.527

2019-01-21T23:28:08.150

CC BY-SA 3.0

Do the GDPR Regulations apply to processing data of a citizen who has dual nationality?

privacy

GDPR: Citizens with Dual Nationality?

2016-05-30T22:35:56.103

2016-05-30T22:35:56.103

CC BY-SA 3.0

There is a Website (for the sake of discussion) called www.maxgrav.com. The site has no content except a landing page (with no discussion on what the product is), which hasn't changed since 2011. The MaxGrav logo shows to be Trademarked (R) (though a search in USPTO showed no results). And supposedly there is a MaxGrav Inc. company name. If I wanted to created a company called MaxGrav Solutions (www.maxgavsolutions.com) which is in no way modeled or named after this company, and the name was something I came up with before searching to see if a similar name was in use, and this name is available in my state... **Am I in an way infringing upon their trademark or business name etc?** I'm thinking since the company has no real presence, and a search of MaxGrav doesn't show anything related to their site until the 3rd page of the search results, that no one could say that I am infringing upon anything? Especially if I grow my company and show an association of MaxGrav Solutions to MY company.

trademark

Can I use a (undeveloped) trademark or business name as part of a longer name for my business?

2016-11-22T11:34:00.613

2016-12-25T17:47:54.240

CC BY-SA 3.0

I have just resigned from my current company and I briefly mentioned I have unused annual leave left to take. They have told me, it is company policy to pay leaving employees for unused annual leave, and thus their preferred option is that I do not take my remaining annual leave. Is this enforceable in the United Kingdom by law? My employment contract doesn't specifically say that.

employment

Can a company disallow taking annual leave during a notice period?

2015-08-26T21:58:42.327

2015-08-26T21:58:42.327

CC BY-SA 3.0

I would like to create an application/website which is automating some processes on another website A. So my application would basically use website A like a normal user would (there is no API available). Is offering an application like this considered illegal? Since I would not have a permission from website A to do this. The website is hosted in France.

software

My app uses another website. Is it legal?

2016-01-27T17:50:07.563

2016-11-15T17:39:58.250

CC BY-SA 3.0

I'm opening a business via the e-residency program with Estonia. I am a United States citizen and reside there, as well. Who should I file taxes with?

tax-law

I'm a US citizen opening a business in the EU: where do I file taxes?

2019-03-24T04:58:24.270

2019-03-26T21:07:32.037

CC BY-SA 4.0

I've been wondering about this. I know that, say, it is generally a crime to file a false police report, and the motivation for this seems logical because that it wastes police time and resources - and thus takes them away from being able to spend them on real leads, and thus also to degrade the public safety by that little bit. But I also know that, if one admits to making a crime on a public forum, such as an Internet forum, it is possible that a prosecutor who is looking at such fora could potentially use the admission to bring charges, even if the admission is not specifically directed toward one. However, what I wonder about is if some of the above logic does not also, then, apply to a situation like this: if one were to, given this fact, *falsely* announce on such a forum that one had committed a crime that one actually did not, could it amount to having the same effect of wasting prosecutor/law enforcement time albeit in a more indirect way that sneaks through their attitudes, and thus potentially also be considered some kind of crime? (I want to point out I'm not referring to making a false claim to be the perpetrator of a known crime, or to falsely claim someone else is that perpetrator to, say, get reward money. I'm referring specifically to announcing an *unknown* crime one did not commit, a crime that does not exist, on a public venue like a forum that is not *specifically* a channel to police or other authorities. If a prosecutor got ahold of it and tried to pursue it, and it were during the course of that proven a hoax, what would happen?) FWIW, the country in question is the United States.

criminal-law

Is it a crime to falsely claim to have committed a crime to someone not a legal authority?

2016-07-02T12:23:47.517

2022-05-02T18:37:20.597

CC BY-SA 3.0

I am planning to build an online web app and a mobile app for learning vocabulary. Functions: - User can create lists (eg. personalities, phrasal verbs etc.) and add words to the list with definitions. - These list can be made public. If users were to copy dictionary definitions, for instance Oxford or Cambridge) and make the word lists public, is it a copyright infringement? Am I responsible for this activity? Can dictionary owners charge me against copyright issue?

copyright

Copyright infringment: using dictionary definitions

2016-03-03T22:04:51.940

2016-06-18T21:14:15.083

CC BY-SA 3.0

The story of the [monkey who took a selfie](http://www.insurancejournal.com/news/national/2015/09/25/382768.htm) is, by now, probably widely known. Summary: a court said that the owner of the camera is not entitled to rights because the picture was taken by the monkey, not the human. My question is the following: I saw a [video of a cat playing](https://www.youtube.com/watch?v=v0zgQAp7EYw) the piano. (Hear me out...) (Her name is Nora). Now, I understand the *video* is the property of its author: a human being. But what about the **"music"**. Just the notes. I also understand that if the "music" was taught by a human being (like what happens sometimes in a circus) the music is the human's, but in this case, when (it seems) the "music" is really "played" by the cat (rather randomly), is it copytight-able ? I understand the anumal cannot actually have the property, but can his owner? EDIT: I fogot to state one way this question can be tricky: One difference is that the photographer didn't **own** the monkey, but the cat is definitely **owned**. (The [countries](http://www.theguardian.com/technology/2014/aug/22/monkey-business-macaque-selfie-cant-be-copyrighted-say-us-and-uk) are UK and US)

intellectual-property

On the intellectual property of animals, a story of monkeys and cats!

2021-11-30T23:53:10.663

2021-12-01T14:11:09.773

CC BY-SA 4.0

How is damage calculated when infringing a copyright? I am seriously wondering how it's calculated. Let's say someone post an image he found on Google without attribution on facebook or reddit, then how would the damage be calculated? I am thinking the case would be rejected, because those images that don't have any watermark, and can be found on Google is unlikely to generate a lot of money. Moreover, it might increase traffic to the individual's blog or website if he has one, so I am curious, because if significant money could be obtained, everyone on social media would get sued by some law firm.

copyright

How is damage calculated when infringing a copyright?

2020-10-10T15:09:01.223

2020-10-10T15:57:20.580

CC BY-SA 4.0

1. Last year a client signed up for a yearly subscription of my product. He paid 14,99 € with 19 % taxes included. 2. This year the taxes are only 5 %. How much does the client pay? Why I asked: PayPal demands 14,99 € of my clients (I benefit of the tax reduction) and Stripe demands only 13,23 € (the client benefits of the tax reduction). EDIT: Both are gross prices with 5 % taxes included.

tax-law

Who benefits of a tax reduction in subscription businesses? The company or the client?

2019-12-10T05:40:39.523

2019-12-16T01:12:01.237

CC BY-SA 4.0

I am wondering whether an employer can hire two people under the same job title and pay but deny them equal working conditions. For instance, it is common practice for Walmart to hire customer service associates under a vague job title, and thereafter assign more dangerous tasks (stocking heavy products) to the more physically capable associates and the safer tasks (stocking light products) to the less capable associates. ***More detail in response to comments*** The jurisdiction in California. I am wondering if employees are protected by law if they refuse to perform the strenuous work because they've been assigned that task too much compared to others. For instance, let's say that Bob has had to spend 5 hours a week stocking the coolers and freezers and 10 hours a week stocking water for 2 years, while Adam who has the same job title as Bob has rarely had to perform such work in the same time period (assume less than 2% of total hours worked), instead Adam does the easier tasks such as stocking chips, cosmetics products, and diapers. The reason the employer provides for this allocation is that Bob is more physically capable of doing hard work. It seems to me that in such a case, Bob is being mistreated. He deserves an equal share of the easier tasks as Adam, and if the employer wants Bob to do the hard work, they should create a separate job title for him that imposes higher qualifications that ensures that those under the same job title are able to share the work equally. By denying Bob access to working conditions comparable to Adam's, the employer is essentially denying him a job for which he is overqualified. And in doing so, the employer is able to get Bob's more rare labor for the same price as Adam's less valuable labor. Let's also assume Bob and Adam belong to the same protected classes. As I understand it, Title VII and FEHA do not protect Bob from refusing, since he belongs to all the same classes as Adam. This doesn't make much sense to me because if the employer had divided the tasks along protected class lines (i.e., gender or race) rather than by physical ability, then Bob would be protected. The irony that I've noticed is that the very laws that were passed to protect qualified workers from discrimination now excuse discrimination against qualified workers. Are there other laws that protect Bob from such discrimination that does not require a showing of discrimination based on protected class? Maybe an implied term in the employment contract?

employment

Does VII help employers oppress workers, or are there other laws that compensate?

2019-11-13T14:47:38.433

2019-11-14T21:25:01.793

CC BY-SA 4.0

Please give me legal, black-and-white answer. Winklevoss Twins say someone stole their idea for Facebook and Judge awarded them some millions. But how could have Winklevoss Twins protected themselves from being cheated in the beginning. What legal things could they have in place so 1. They are not cheated to begin with (hence get credit for their idea) 2. If programmer decides to cheat them anyway, the case is open-and-shut and Judge rules in their favor without case dragging for years. On the flip side, let say programmer did in fact create Facebook. How does programmer legally protect himself from people who claim idea was stolen, takes him to court, and ends up paying the accuser (even though the idea was his from the start)?

intellectual-property

How Could the Winklevoss Twins Have Legally Prevented Anyone from Stealing their Facebook Idea

2019-03-28T10:14:32.863

2019-04-29T16:18:51.547

CC BY-SA 4.0

So I've been reading through the new copyright directive proposal and saw the pastiche exemption. So take this hypothetical: I forgot how anime.js worked to animate something. I find a piece of example code on Stack Overflow that shows how it works to initalize it and to animate something to the left and then fade away I write my own implementation without copying the original code in my codebase, that does a different animation, move to the bottom and fade in, inspired by the code example on Stack Overflow. Would that be a pastiche? Or would that still fill under CC-BY-SA 3.0 because I took a work for inspiration, **not copied it though**, but created my own example inspired by that code, and am required to follow all requirements of the CC-BY-SA license? The only references to pastiche I've been able to find have dealt with an artist reusing work for comedic or entertainment purposes from Britisch guidelines. Miriam webster defines it as: **a literary**, artistic, musical, or architectural work that imitates the style of previous work. Code is a literary work in my opinion. You write words in a document in a grammatically defined language, so theoretically with my interpretation, basing code upon someone elses code could interpret that as a pastiche. I'm mostly curious because of this part from the final text of the former article 13 text: <http://www.europarl.europa.eu/doceo/document/A-8-2018-0245-AM-271-271_EN.pdf> > > The cooperation between online content-sharing service providers and > rightholders shall not result in the prevention of the availability of > works or other subject matter uploaded by users, which do not infringe > copyright and related rights, including where such works or other > subject matter are covered by an exception or limitation. > > Member States shall ensure that users in each Member State are able to rely > on any of the following existing exceptions or limitations when > uploading and making available content generated by users on online > content-sharing services: > > (a) quotation, criticism, review > > (b) use for the purpose of caricature, parody or **pastiche** > > > Answers relevant to the European Union please, and i'm mostly interested if there are actual precedents for these "outlier" cases?

copyright

When I am inspired by code on Stack Overflow, and make workable code on basis of that code, is that also pastiche?

2017-07-27T02:49:38.310

2017-09-25T11:51:42.630

CC BY-SA 3.0

If A and B are in a contract, with B liable to A, and a third party C takes over the liability of B to A without the consent or involvement of B, is the contract between A and C legal? I tried looking under 'assignment' but can't seem to find any precedent for this situation.

contract-law

Taking over liabilities/debt without consent

2016-05-13T11:36:02.783

2016-05-16T01:14:41.923

CC BY-SA 3.0

RED.com makes digital cameras for the cinematography industry and has tradermarks for "RED". I would like to sell a product called called "something.red". The name of the product would be the domain name, something.red, .red is a gTLD recently introduced. The product is not a digital camera, but a video transmission system. RED.com is not in the business of making video transmission systems, but their trademark is generic enough that I believe a video transmission system to fit in it. This is the registration I took a look at: <https://euipo.europa.eu/eSearch/#details/trademarks/010579043> Am I looking for troubles using RED in a product name, even if RED is the gTLD? Changing the product name now would be sort of a mayor problem, but it is still better than being forced to do it in a few months.

trademark

Usage of trademarked generic top level domain

2016-08-05T07:32:12.583

2016-08-05T10:16:27.300

CC BY-SA 3.0

My photographer's standard contract asserts ownership of all the images she creates, and allows me to create prints for personal use. But she also says she will delete all images 3 months after supplying them to me electronically. I will hold the only copies. Does she still own them even though she chose to discard them?

copyright

Does an author retain copyright of a work they have deleted?

2022-03-28T11:33:05.830

2022-04-15T07:27:26.653

CC BY-SA 4.0

In movies, it is often the case that we see police decline to proceed with a case because the victim "refused to press charges". Recently we saw this with the battery of Chris Rock by Will Smith on global TV that the LAPD refused to bring charges on as no complaint was made. In my jurisdiction (Australia) law enforcement will prosecute offences regardless of the victim's views, based on the evidence available and as a "breach of the peace" Is it the case that Police in the US are unable to proceed with a charge if a victim declines to "press charges" and if so, how are murder charges or even more pertinently, domestic violence charges, brought to court?

criminal-law

"Pressing charges" - is it needed to bring a charge?

2017-09-29T12:20:17.410

2017-09-29T19:49:19.563

CC BY-SA 3.0

If someone were to start using a trademarked company name with the word 'not' in front of it would it infringe their trademark? e.g. a company is called 'foo' and their name is trademarked and another company comes along and calls itself 'not foo'.

trademark

Is it trademark infringement if you put the word 'not' in front?

2020-05-05T21:07:13.593

2020-05-05T21:07:13.593

CC BY-SA 4.0

Im building a simple website where people can save links and eventually share them with others. When a user enters an url, I fetch the meta data to present the link. The text, like title and description, Im just saving in a database however Im in doubt what I should do with the image. Should I just always deeplink to the external image? Or can I save the image on my server? What are the legal options here? I can see that facebook seems to save their own copy of images that are shared through them. (The image will always be used in context with a link to the original link)

copyright

How to legally serve og:image

2018-12-24T19:59:22.337

2018-12-26T23:17:16.110

CC BY-SA 4.0

What can bind a party to a contract other than executing it by signing it by hand or electronically and delivering it? My question is only about this element in making a contract, not consideration or other elements. The other topic cited mentions that signing per se is not required, but something is, and therein is my question. I'm thinking of a situation in which person A imposes a burden on person B and person B wants to be paid for fulfilling that burden, but person A would decline to sign a contract, claims the burden is mandatory when it's not, and might worsen the burden if asked, so isn't asked to. Example: If someone visits a doctor for an office consultation, gets the consultation, and leaves and then the doctor sends a bill to the visitor, the fact that neither one ever discussed a contract or a price and that the office had no price posted would be irrelevant and a court would rule that the visitor owed. Maybe that's the case only for medicine and some other professions and not for, say, home party hosts, although I think that could be answered by establishing, somehow, that the service provider's service is commercially valuable and deserving of compensation even if the provider is not classified as a professional. In one case, a jury was persuaded by a photo of a handshake. The parties were major companies, one well known and the other able to build or buy a factory for a big contract. I've also run into people who try not to sign anything due to a religious reason (I think), but they doubtless enter into contracts and execute them somehow, but I don't know how. Hypothetical case: In the U.S., a person writes a letter to a carpenter known to make a living as a carpenter. (Any occupation will do for this purpose, especially one for which compensation is not always expected, such as house-cleaning.) Both are adult individuals. In the letter, the person asks the carpenter to make a chair. Assume nothing else is in the letter. The carpenter makes the chair and delivers it. The carpenter bills the person for the service. The person says there was no intention to make a purchase, just a thought that the carpenter would like to practice making a chair and seeing someone gladly sit in it. The person has sat in it, is glad for the experience, and happily accepts the chair as a gift. The carpenter never said anything about a gift. Would the person owe?

contract-law

alternatives to other party signing a contract

2019-06-04T14:14:00.913

2019-07-04T00:11:54.520

CC BY-SA 4.0

I have had a Limited company UK contract, with an Agency and worked at their end-client. After working for a few months, my role was suddenly terminated by the client (i.e. the end client, no reason given in writing). But she told (in writing ) that - they will be paying for the full notice. It seems that - my agency signed me for 1 month (both way) on my contract but under the hood they seems to have signed 1/2 month with the client. And now agency is saying they are unable to pay for the difference as client’s only gonna pay for - what they want to pay— Since client is the supreme authority. What can we do about it? Will I be able to dispute with the agency on hidden shorter notice period which wasn’t disclosed to me? Cheers

contract

Notice period fraud

2020-10-20T20:58:52.920

2020-10-21T14:36:59.967

CC BY-SA 4.0

"There is no refunds with this purchase. If you are a mentor or are affiliated with any other trade teams you will be removed and will not be refunded if found. Legal action will be taken on any members that share our content. Vertex Investing are not financial advisors, Following trade ideas and trading in general does have an element of risk. Please do not risk capital you cannot afford. Vertex investing are not liable for any losses incurred." This is what is in my terms and conditions... Someone is trying to get out of paying (of course I will be writing a proper contractual agreement after this) but how valid is my argument for having them pay?

business

How specific must a contract be?

2017-10-19T07:21:48.163

2017-10-19T10:24:50.667

CC BY-SA 3.0

I have no background in law. I capture drone footage as a hobby, and want to license it to my local church for use in some of their non-commercial video productions. I want to ensure that they are not allowed to resell it, distribute/share it, use without permission etc etc without obtaining permission from myself. I am supplying the footage on a hard drive, and am including a copyright notice on the disk (I shall also be drawing their attention to it via email). What can I do to ensure my footage is covered appropriately? Do I need to write a license agreement? Are you able to point me towards a fully formed license agreement template which I can use? Would it be better to just write an extended copyright notice which details that the footage may not be used without permission? I am fully aware of the Creative Commons licenses, but these allow the footage to be used by others which is something I want to restrict (almost open-sourcing the footage).

copyright

Writing a license agreement for my stock footage - where do I start?

2021-11-15T20:45:14.740

2021-11-15T22:47:02.120

CC BY-SA 4.0

Let's say I make a website, using my own words, and simple facts (We will call it Simple Math, so the article is about the basics of adding and subtracting, and the facts are math facts). As I make this website, I pay close attention to make sure that I am not copying mathsite1.com. After I publish the site, mathsite2.com sends me an email saying I infringed their copyright. When I visit their site, their article is similar, but not exactly the same (Using different words and explanations, but the same basic outline). What would happen?

copyright

What happens if I unknowing copy an article in the US?

2017-02-20T22:28:43.823

2017-02-21T02:44:34.487

CC BY-SA 3.0

We were just having a discussion whether [Lush's naming of a mouthwash as "Pan Galactic Gargle Blaster"](https://uk.lush.com/products/new-products/pan-galactic-gargle-blaster) is benefiting from the popularity of the Hitchhikers Guide to the Galaxy series, which led to the intellectual property concerns behind this. My two questions are: 1. Could the Adams estate legally challenge Lush in any way, for use of this name? 2. Would Lush be able trademark the name, given they are actually trading a product with that name? I'm in the UK, but I'm sort of interested whether there are any interesting interactions of this sort between IPR law and products in works of fiction anywhere in the world.

intellectual-property

Can you trademark a proper noun from a work of fiction?

2019-01-09T21:09:40.003

2019-01-09T21:42:28.300

CC BY-SA 4.0

I'm a copywriter with a flair in creating games for children. I'm working for hire to create a board game in the lines of Monopoly without using any of their copyrighted terms like "Go to jail" etc. The format is the same with 9 steps on each side and four square zones for special situations. And some play money (or value-cards) for trading. However, my client does want to use the "poly" in the name. I have a game named Earth-o-poly on the environment. I wonder if they have had to go through the process of obtaining written permission or paying royalty of some sort. What if my client created an XXXXpoly game and have a regular board game where players don't have play money but some kind of cards to hold on to and pay taxes or pay fines etc. So, summing up, here are my questions: 1. Is it a coypright infringement if the generic format is used and XXXXpoly is used? 2. What if the format is hugely modified/changed but we only keep the "poly" suffix? 3. Is it extremely expensive to negotiate and pay a fee to them to get the permission? 4. Is there anything else I should keep in mind and didn't ask here? Thanks, in advance, for your responses.

copyright

Copyright laws regarding using the suffix of an established Brand name

2022-05-05T03:30:18.970

2022-05-05T09:25:42.197

CC BY-SA 4.0

The girls then uploaded a video of him being held down naked to Youtube and they weren't prosecuted, why is this? <https://web.archive.org/web/20110604124555/https://www.winknews.com/Local-Florida/2011-06-01/Online-video-shows-Fort-Myers-boy-being-bullied>

criminal-law

In 2011 two 14-year-old girls held an 11-year-old boy down and stripped him completely naked

2021-04-17T00:40:36.797

2021-04-17T08:26:36.667

CC BY-SA 4.0

[The San Francisco 2004 same-sex weddings took place between February 12 and March 11, 2004](https://en.wikipedia.org/wiki/San_Francisco_2004_same-sex_weddings), and were then “voided” on August 12, 2004. But OBERGEFELL v. HODGES voids the voiding... Could these couples have been prosecuted for filing single for tax years 2004-2014?

constitutional-law

Were there retroactive changes to CA marriage laws about same-sex couples?

2021-06-04T19:59:44.593

2021-06-05T14:11:52.937

CC BY-SA 4.0

Stack Overflow (the owner of the Stack Exchange network) has been sold to Prosus. Once the deal closes, does that means that "Stack Overflow" no longer exists as a company? Is the Stack Exchange network then just a product that Prosus now owns and operates, or does Stack Overflow/Stack Exchange still exist as a separate entity that Prosus simply entirely owns?

business

Stack Overflow has been sold to Prosus. Does it still exist as a separate legal entity?

2021-03-18T03:44:37.740

2021-03-19T18:55:23.107

CC BY-SA 4.0

The [Emoluments Clause](https://www.law.cornell.edu/wex/emoluments_clause) of the Constitution bars people holding office from *accepting* a title from a foreign state. But what about a pre-existing title? If, say, the President appointed a Duke to head the Department of Education, or if an otherwise-qualifying Count was elected as a senator, would they be forced to abdicate before they could take office? Or no? It at least seems to me that since the never-ratified Titles of Nobility amendment *did* specify "accept, claim, receive, or retain" (even if that was drafted 20 years later), that the Emoluments Clause was intended purely to prevent accepting a title once in office, but searching around I can't find if this ever came up in practice, or any commentary on this hypothetical situation.

constitutional-law

Could a person with a noble title take a federal office without abdicating that title?

2017-12-06T22:08:18.597

2017-12-07T02:50:40.743

CC BY-SA 3.0

In various nerdy gaming communities, it's common for folks to produce higher quality tokens, play mats, and such containing artwork from the games. And some people will sell some of their works to basically pay for their hobby. Question 1: If someone digitally copies an image and prints it on a play mat without permission that's obviously not legal for them to sell, but is it legal for personal use under Fair Use? Question 2: Would it be illegal to use symbols from the game on tokens you create and sell? See links for an example of what I mean. The first link is actual card board images from the game. The second is the higher quality tokens someone produced. The reproduced drawings are ever so slightly different. What if they were identical? Does that matter? Or how different would they need to be? <https://images-cdn.fantasyflightgames.com/filer_public/7a/47/7a474142-dd1a-4eb1-8c42-1f8e1e18efe1/l5c01_rings.png> <http://www.brokenegggames.com/media/catalog/product/cache/1/thumbnail/960x/17f82f742ffe127f42dca9de82fb58b1/2/0/20170825_115514.jpg>

copyright

Reproducing game art in various forms for personal use and/or selling to friends

2019-07-23T21:51:23.603

2019-07-24T20:43:34.373

CC BY-SA 4.0

I'm trying to start an app in the skin care category. I'm trying to come up with names, and one of the ones I'm considering is `Bree`. However, when I search USPTO for "Bree", I see a ton of results: <http://tmsearch.uspto.gov/bin/showfield?f=toc&state=4809%3Aux0o5h.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl%7E%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=bree&p_tagrepl%7E%3A=PARA2%24COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query> I even see repeats of "Bree". Does that mean I can start the app without having to worry about trademark issues? The most active one is by bree.com, but that's selling bags: <http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4808:mdl1q0.2.26>

trademark

Trademarks: Can I start an app if an unrelated trademark already exists?

2020-02-27T21:35:00.103

2020-02-27T21:48:12.457

CC BY-SA 4.0

If I find a meteorite do I get to keep it? Does it make a difference if I find it in my own lawn or on public land? I am especially interested how law is in European countries.

civil-law

If I find a meteorite do I get to keep it?

2020-08-27T13:55:29.293

2020-09-11T03:13:42.020

CC BY-SA 4.0

I am writing a software license myself before I hire a lawyer. Is it legal to copy a software license text from other companies to write my own? I could not find anyone talking about the copyright of the software license itself. But many software licenses have the same text. I found this post ([Is it legal to copy a website's terms of use?](https://law.stackexchange.com/questions/7901/is-it-legal-to-copy-a-websites-terms-of-use)) but not sure if this applies to a software license

licensing

Is it legal to copy a software license text from other companies to write my own?

2019-04-13T17:43:05.603

2019-04-13T20:13:48.580

CC BY-SA 4.0

Several times has happened that the definition of mental disorders/ psychological-psychiatrist therapies/theories have been proven wrong. Yet they have been applied over people causing them problems and harm in their lives. Usually graduated psychologists/ psychiatrists are ignorant which is the supposed proof of these theories. They've been told they have been proven sometimes, sometimes they've been given some details, and they don't know they don't have a real basis behind them until it's massively accepted they are wrong. Personally, I see little to no responsibilities in them. In the other hand, governments and states promote these theories in secondary schools, they teach them and form professionals in national universities, and they hold the power to treat people in trials and to internate someone for being ill under these theories. Some other organizations, which I'm not very aware who they are, but I assume they might be colleges or agrupations of psychiatrists/psychologists regulate their professional's activities, and I assume they might be the ones giving the content to national universities for the formation of professionals under these theories. When one of these theories/therapies are proven wrong and have caused harm over people, who is the legal responsibility? I assume there aren't many cases like this, but I make the parallelism with biological sciences. If an association or group produces a medicament which is proven harmful for people later, and that association teaches doctors to give this medicament to people, with the approval and fundings/places of national government created universities, it would be pretty much the same. Then, in the case stated in the topic question, who would be legally responsible for the application of these mainstream wrong psychological/psychiatrist therapies?

criminal-law

Who would be legally responsible for the application of mainstream wrong psychological/psychiatrist therapies?

2020-10-10T00:40:36.427

2020-10-10T00:57:57.373

CC BY-SA 4.0

I am a bit confused on what would constitute as an offer. Is telling someone that they will be paid for their work at either $Y or $X be an offer? Would replying to this invite and choosing $Y be acceptance?

contract-law

offer in contracts

2018-02-26T16:57:30.060

2018-02-27T02:48:58.987

CC BY-SA 3.0

I'm currently looking to trademark a product name for my company. Through research, I've found that another company is selling a similar product under that name with no trademark whatsoever. Is it possible that I can continue to trademark my product name and have the right to send them a cease and desist; so that I may sell mine without any confusion?

trademark

Trademark infringement, cease and desist

2017-04-13T21:38:54.927

2017-04-14T00:47:41.443

CC BY-SA 3.0

I want to gather data on a catalog of types of products. For example, lets say cars. I want to scrape a website (that is itself a catalog of information) for the different make and models of cars, parts, etc. All information that is factual and not opinion based or intellectual at all. Even if they have a terms of service that speaks against it, I don't see how it could be illegal given the nature of the information? If it is illegal, would someone explain to me why?

intellectual-property

Legal to scrape data from a website if the data is not intellectual property?

2019-08-10T22:21:13.397

2019-08-10T22:21:13.397

CC BY-SA 4.0

I am writing a book on best practice branding for entrepreneurs and want to demonstrate my points using well-known (as well as our own client) logos. The logos will be used for illustrative, educational purposes and shown in a good light. I can put a line at the start of the book explaining that the use of the logo does not imply any endorsement or sponsorship from these brands. Will this be enough?

trademark

What are the laws on showing another company's logo in my book on branding?

2018-06-28T14:28:41.303

2018-06-28T15:22:59.017

CC BY-SA 4.0

I was recently charged a $5 fee in error by a California based tech company. I disputed the charge via app and they issued me a “refund” in credits for future use of their service. I have not been able to contact the company in regards to getting my payment method refunded. I’m upset at this shady business practice, because I am out of the $5 for their error no matter what and the only way I can experience the refund is if I use their service again. Personal feelings aside, I’m genuinely interested if this is a legal way to conduct business. Can a company erroneously charge customers and issue credits as refunds instead of refunding the payment method directly?

business

Is it legal for a company to erroneously charge you and refund you in credits?

2021-12-03T23:47:29.660

2021-12-03T23:47:29.660

CC BY-SA 4.0

According to [IRS](https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test), I was never a US **tax** resident. But there is a US bank that thinks I'm a resident in the US. I didn't update my info after leaving. I did fill out W8. I also filled out after leaving, not sure if they received my fax. Can being categorized as a `US resident` by the bank make me a tax resident in CA or US? Directly or indirectly. I don't want to face any surprises in the future

tax-law

Can being categorized as a `US resident` by the bank make me a tax resident in CA or US?

2018-09-30T11:34:10.797

2018-12-16T12:03:10.627

CC BY-SA 4.0

My friend is facing the following problem: Her boss left the computer open and she then looked at his screen, where the salary of a coworker at her level (who since has left the company) was displayed. As his salary was considerably higher than hers; she was shocked and told a coworker about it, and also to her boss who left the his computer open. In a preemptive strike he reported it to the management but says that she went through his email, essentially accessing his computer without consent. Now human resources has written her an email, asking her to answer some questions next week. Her answers would then lead to a decision whether disciplinary actions would follow. The questions are: * How did you find out about the salary? * Who did you share the information with? * Why did you think it is ok to discuss this with the colleagues you discussed it with? * What you expect to gain from discussing third-party salaries with colleagues It is hardly illegal to look at somebody's screen. But is there an obligation not to disclose that information to colleagues? She is working for a company in the UK.

employment

Seeing a co-woker's salary on his screen

2020-04-10T14:22:19.660

2020-04-10T14:28:45.047

CC BY-SA 4.0

Let's assume that I publish a German translation of a book in the public domain (because the author is dead for 70+ years) that hasn't been translated so far. Do I own the copyright for the translation or is the translation automatically also in the public domain? Moreover, is someone else able to publish another translation? (I assume this is possible if it's substantially different, but I would like to know the exact rules.)

copyright

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

2021-11-14T22:27:43.730

2021-11-15T20:54:02.563

CC BY-SA 4.0

Let’s say I want to create a website that helps people troubleshoot a topic. I get my facts and information from site A, and use that info to write my own articles (Not copying word for word, but stating the same ideas). Site A has this policy: "Any duplication or use of images, diagrams, or text, or other electronic or printed publications is not permitted without the prior written agreement by Site A." Copyright.gov says this: "Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed." So am I allowed to take the facts and information from Site A and use it on my own site? I will not take their images or interpretation of the facts, but just the facts themselves. And I will write my own articles and "fluf" based on the facts. Note: I live in the US --- EDIT: I tried to add this as a comment but it was too long. So my current understanding is that facts in lists of obvious order cannot be copyrighted, but their explanations or instructions can be. So can I do this? **SITE A:** How to fix a black screen on your computer Fixing a black screen can be quite easy! Just follow these simple steps. 1. Restart by holding down the power key for 5 seconds (This can help refresh the system if something is not working right) 2. Remove the battery, then replace it (This can help remove all background operations) 3. Throw it out the window because there is nothing else you can do to fix it **My Site** This guide will show you how to fix a black screen on your computer! * Try holding down the power button for five seconds to reset the device. * If that does not work, try removing, then replacing the battery. Doing this can help stop any tasks your computer may be running. * If the above steps don't work, bring your computer to a repair shop for further analysis.

copyright

US Copyright Question

2017-04-02T20:59:43.613

2017-04-03T09:31:33.890

CC BY-SA 3.0

I'm creating a Christian game with KJV quotes which will be printed and published -via self-publishing- in the US. I understand the KJV is in the public domain worldwide, except for the UK. Could I have a problem if people from the UK bought the game and it was sent to them from the US?

copyright

If the KJV is still in copyright in the UK could I have a problem if people buy something quoting it from the US?

2017-09-10T23:16:44.313

2017-09-11T19:27:33.763

CC BY-SA 3.0

In other words. if some evidence (but not conclusive) exists of somebody else comitting a crime, can a defence lawyer use this when representing their client? For instance, in the Glen Sebastian Burns and Atif Ahmad Rafay case, where the two were accused of murdering the latter's parents, there was an FBI informant that had told the police that Islamic fundamentalists may have been responsible, although the police did not pursue this line of inquiry. Could a defence lawyer raise something like that in court?

criminal-law

Can a criminal defence lawyer talk about the possible guilt of other suspects when defending their client?

2018-11-03T02:48:21.290

2018-11-03T13:43:33.907

CC BY-SA 4.0

As I understand it, Hitler's book *Mein Kampf* was originally copyrighted by Hitler, but, after the war, the Allies gave the copyright to Bavaria. (Was this legal? I guess I should post that as a separate question.) I just learned that Bavaria's copyright expired in 2016. I'd like to learn if there are any English translations that are also in the public domain. In particular, I suspect an English version published by the Germans in 1940 for the planned invasion of England might be in the public domain. A copy is available online [here](https://archive.org/details/MeinKampf.StalagEditionOfficiallyAuthorizedByTheNSDAPIn1940ForTheInvasionOfBritain/page/n17). It is described as open source, contributed by the community, suggesting it's in the public domain. However, I wondered if the government of Bavaria could claim ownership of this work as a derivative of the original, German language edition. So my specific question is this: Is the English-version edition of *Mein Kampf* linked to in the paragraph above in the public domain?

copyright

Public domain English translation of Mein Kampf

2017-09-10T20:45:34.430

2017-09-21T14:28:20.667

CC BY-SA 3.0

We live and work in Boston, Massachusetts. I work for Company A in computers and my wife for Company B in medicine, both of us with clauses for intellectual property ownership in our employment contracts. Hypothetically, if I had a medical patent idea generated solely by me, would I need to take any precautions before discussing it with my wife to avoid giving her employer any claims to it? Or are there general protections because we're married?

intellectual-property

Any protections or precautions for discussing a patent idea with my spouse if she has IP clauses in her employment contract?

2015-09-17T06:21:44.180

2017-11-12T20:15:51.643

CC BY-SA 3.0

Hypothetical Facts ------------------ 1. U.S. company ("***A***") hires Canadian worker ("***B***") [to work as an unpaid intern](https://law.stackexchange.com/a/3739/794). 2. ***B*** never physically leaves Canada and does all her work by telephone, computer and internet. 3. ***A*** has a physical presence in the U.S. only. 4. The parties enter into an ***internship agreement*** that, among other things, (purports to) commit/s the entire arrangement to the jurisdiction of the U.S. Questions ========= 1. Is ***A*** or ***B*** subject to Canadian employment law? (Will either party get into trouble with the Canadian government?) 2. If so, what enforcement (and/or punitive) mechanisms are available to the Canadian government to enforce their employment laws against ***A*** or ***B***? 3. Can ***B*** later (successfully) sue ***A*** in a Canadian court for back wages?

employment

Are U.S. employers subject to Canadian employment law if they hire a Canadian to work remotely?

2018-02-27T17:25:28.610

2018-02-28T02:23:13.780

CC BY-SA 3.0

In the USA, suppose party A offers a contract to party B, who signs and returns said contract to A. The contract is a single document that has a few "sections" that each have a place to sign to show acceptance of that "section". Now suppose that before any material action is taken by either party to proceed with the contract, A offers B what is essentially the same contract but with some minor amendments (e.g. change of start date), which B then signs and returns to A. Fullfilment of the contract proceeds on both sides using the amended terms (eg the actual start date of the contract is the start date as per the amended version). Does the signed copy of the second version of the contract override/replace the first completely? More specifically, suppose B initially opted to approve/accept a particular section in the first version, but decided *not* to opt for that section in the second version and so did not sign that section and further suppose that A did not notice the change in acceptance. Much later, after a lot of work has been done and delivered by both parties, A asks B to comply with the particular section, but B points out to A that B didn't accept that particular section in the second version and B refuses to comply. Can A compel B to still accept the terms of the particular section because it was accepted in the first version and that section of the contract didn't change? Or does the issuing and signing of a second version open the door to B accepting the sections differently, especially given that the behavior of both parties aligned with the second version - both A and B started fulfilling their obligations on the amended start date. The section is question does not affect the way in which the main part of the contract is fulfilled. For example, it might be the notice period required to terminate the contract without penaltya, or similar "exit" terms that wouldn't be realized until B wanted to leave the contract.

contract-law

Does a subsequent signed version of an amended contract/offer override previous signed versions?

2017-05-22T16:52:44.767

2017-05-22T18:19:38.880

CC BY-SA 3.0

I recently joined a large IT company, before joining I had concerns with my contract, it states that they own all rights over what I create (from ideas, software, you name it). I love making my own games, and I have a game I've worked on for over 2 years (long before I joined their company), so I did not like this part of the contract and said I could not sign unless they confirm that they won't try to take my game from me. I sent an email to the recruiter (who works for that company) and asked her to confirm that point X.x of the contract is only concerning products competing with the company. I got the response: > > As previously highlighted you do not need to be stressed at all in > regards to below situation with your company. As I have explained to > you what we protect us against in the contract is competing business, > if that was the case with yours. So I hereby can confirm below is the > case – and that it would only be an issue if you develop a competing > product or use our inside know how to create your business products. > Hope that makes sense. So ALL is good. > > > I felt like this was enough, but now I'm about to release my game and I really don't like the wording in the contract. Will this email I have protect me from them trying to steal my game? I am located in Scandinavia.

intellectual-property

Signed a contract with employer stating they own all my IP; they sent an email saying its only for competing products. Should I be worried?

2016-04-22T16:44:45.070

2018-05-18T23:08:48.663

CC BY-SA 3.0

Mainly I'm interested in getting to know my ancestry, but I don't mind doing a lot of research on my own to classify it if I get raw results. The thing that I do not want is my DNA being stored somewhere, or something associated with my name in any way stored anywhere. Is there a way to avoid that and just get the only copy of the results while being sure that the DNA sample wasn't kept as well? I'm in Europe if that matters, but I've read you can usually send in samples. I can't afford something very expensive, but I am able to pay something (obviously, otherwise I wouldn't be posting about it).

privacy

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

2019-02-02T16:02:23.107

2019-02-02T16:02:23.107

CC BY-SA 4.0

My brother and I bought a house together. I own 60% and he owns 40% (this is on the deeds). I live in the house and he does not. I have two lodgers living with me, who pay rent. Typically one is allowed £7500 tax free lodger income if you live in the house. If you are joint owners you are supposed to split this 50-50 (£3750 each). Hence I would be eligible for £3750 income tax free, and my brother will be eligible for £0 tax free since he does not live in the house. But would we be able to split it 60-40, since we are 60-40 joint owners?

tax-law

How to split Rent-a-Room scheme tax exemptions with joint owners

2016-01-22T10:07:02.173

2018-10-12T00:32:19.937

CC BY-SA 3.0

As I understand, J.K.Rowling owns right for characters, story, special words (like "muggle"), and so on. Warner Bros. has exclusive right to make movies based on the original books/stories. [Here](https://www.quora.com/How-would-I-go-about-acquiring-the-licenses-to-produce-Harry-Potter-related-merchandise) is a discussion on acquiring a license to produce Harry-Potter-related products. But what about movies, based on alternative stories in the same universe with the same characters? I imagine that one can just ask J.K.Rawling for her permission to make a movie based on a fanfic. Since it is not an original book/story, which can be filmed only by Warner Bros, it means that one can make a deal to produce a movie based on fanfic, and pay, say, 80% of revenue to the author, if author is agreed :) But I suppose this only possible in the ideal world.

copyright

How to shoot a movie based on Harry Potter fan fiction?

2022-03-15T13:51:52.303

2022-03-15T20:04:01.993

CC BY-SA 4.0

Sav.com had latency in the month of October. Therefore, Domains were not posted in my account, but the amount debited from the credit card. The same is accepted in written correspondence by sav.com that I had no active domains in my account + they have also confessed that domains for which they have charged my credit card are also available open in the market to be booked by anyone. W When I asked them why and how this happened they gave the hack theory that my account would have been compromised and domains would have been transferred or deleted. This is the case of complete fraud because the domains under question are still with a registry and open to be booked by any one in the market. I am based in India, and the merchant is based in USA. Is there any supervisory monitoring body that can ask domain registrar to process refund based on the relevant evidences.

intellectual-property

Credit card charged but domain not booked by a domain registrar where should I go against an International Merchant

2015-09-14T14:46:10.817

2015-09-15T08:26:35.103

CC BY-SA 3.0

A standard way to license something under the GPL, is to grant a license to the "GPL version 3 or later", meaning that the recipient receives a license under the license terms of the GPLv3, or at their choice any later version of the GPL. I have been told that in the EU, or at least Germany this is impossible because the license constitutes a contract, and it's not lawful to enter into a contract that has terms that are unknown to you at the time of entering it. Is this correct?

licensing

Legality of "Version x or later" licenses

2021-02-22T00:12:51.023

2021-02-22T01:21:13.890

CC BY-SA 4.0

> > 2. The expression 'warranty' legally signifies? Please select all that apply. > > > > > a term of a contract as opposed to a representation. > > > > > [The term 'warranty' is used to distinguish between a term (warranty) and a mere representation, and also to distinguish between terms that give no right to termination upon breach (warranties) and terms that do (conditions). **Service contracts for electrical and similar items are not really good examples of the use of 'warranty' in the legal sense, although they are, of course, separate contractual agreements (for which one pays, often heavily), containing a number of terms providing for what will happen if a fault develops.**](https://learninglink.oup.com/access/content/taylor-directions7e-student-resources/taylor-directions7e-chapter-5-self-test-questions?previousFilter=tag_chapter-05) > > > > > Reference: Sections 5.1.2, 5.4.1 > > > If warranties legally don't signify service or maintenance contracts, which are misstated as Warranties, then how do the legal definition of "warranty" relate to service or maintenance contracts? Why did corporations start misnaming service or maintenance contracts Warranties?

contract-law

Why are service or maintenance contracts called 'warranties', when they legally aren't warranties?

2015-08-05T01:57:33.343

2020-08-03T21:22:09.770

CC BY-SA 3.0

From the [Wikipedia page](https://en.wikipedia.org/wiki/Trolley_problem) on the trolley problem: > > There is a runaway trolley barreling down the railway tracks. Ahead, > on the tracks, there are five people tied up and unable to move. The > trolley is headed straight for them. You are standing some distance > off in the train yard, next to a lever. If you pull this lever, the > trolley will switch to a different set of tracks. However, you notice > that there is one person on the side track. You have two options: (1) > Do nothing, and the trolley kills the five people on the main track. > (2) Pull the lever, diverting the trolley onto the side track where it > will kill one person. > > > [](https://i.stack.imgur.com/UJuc8.jpg) What are the legal aspects of finding yourself in a train yard in the United States when this happens? Is it a crime to pull the lever? Is it a crime to not pull the lever? Does it depend on if you're professionally qualified to pull the lever?

criminal-law

What is the legal take on the trolley problem?

2021-10-22T19:47:33.837

2021-10-22T19:47:33.837

CC BY-SA 4.0

Inspired by [this article](https://www.bizjournals.com/sanfrancisco/news/2021/10/19/auto-break-in-theft-retail-rewards-tourism-sfpd.html), how exactly is it determined who gets the bounty? Surely the police get many tips, do all informants get paid? Is the bounty split or do they all get the full amount? If it is split, how is it decided who gets what proportion? I am interested in both this specific case and the concept in general.

criminal-law

When bounties are offered for information leading to a conviction, how is it decided who gets it?

2017-10-04T11:36:43.583

2017-11-22T15:40:58.207

CC BY-SA 3.0

My employer has recently undergone a number of changes internally, involving the move to different premises (with the argument about the new building being larger, however will accommodate roughly the same number of staff as the current building will occupy). As part of this, they have sent around an update to the employment contract which basically nullifies the flexible working hours which previously has been in effect. Many people I work with vary their working hours to fit in with their lives, and has been accepted - up to this point. The business operated a core working hours of 10am to 4pm, but are changing this to 9am - 5pm, with a 30 minute "flexible start/end" that employees can start and end their working day (e.g; 8.30am to 5pm, or 9am to 5.30pm) - effectively removing the concept of flexible working hours completely. This affects many people's lives, and some of my colleagues are petitioning to retain their flexible working hours, of which are being met with strict rules surrounding a mandatory lunch hour/half hour, no option to work less than this to make up the time (despite being willing to), and one has been forced to drop their hours to 36/week. They also put in a clause to the portion that they're wanting everyone to sign which says that everyone must specify when, between the hours to 12pm to 2pm, they will take their lunch, and must be rigid over this (unless a meeting is occurring, in which case that overrides your lunch hour and you must take it later). This was also met with protest, and they eventually caved and relaxed this rigidity slightly, then sent across some minutes from that meeting ratifying this. They will not, however, update the contract to reflect this as they've said that the meeting minutes ratifies it. However, we don't believe this would ever stand up in court if a dispute ever arose. Is this true? The final part of this demands flexibility from the employee for the business's requirements (e.g; if a meeting runs late/starts early, the employee is expected to be there), but will not offer the same level of flexibilities to staff who currently have lives (unless they offer a rigid, business-valid justification for doing so). It's almost as if they're "offering" this 30 minutes of flexibility to save face because on paper the revision is a load of rubbish. Many people do not want to sign this, as it significantly affects their lives (I myself work earlier in the morning to finish at 4pm to miss rush hour traffic in both directions, and so I have a little bit of daylight left at the end of the day - however I've been told that I would not be able to petition for flexible working hours with these reasons as they are not valid and would be rejected..and have also been told that I would be one of the worst affected by the change in rules). The move to the new building also offers no car parking space, so those that currently park on the company's property are effectively having to take a pay cut in order to pay for parking, or obtain an alternative means of getting to the office - usually at the additional expensive of significantly increased commute times. My question is basically this - Can they legally do this? What are the options for employees if they disagree to the new rigid rules and will (or have) get a formal request for flexible working hours rejected because their reasons are not "valid" in the eyes of the business? If the company lets staff go as a result of not agreeing to these rigid terms, are there grounds for constructive/unfair dismissal? Sorry I've rambled on a bit, but it's quite difficult to get a lot of this across. Hope someone can help. Edit: sorry, jurisdiction is England & Wales. Company is based in England.

employment

Employer forcing everyone to sign new contract which significantly affects working hours

2019-11-22T19:46:24.230

2019-11-23T01:13:29.080

CC BY-SA 4.0

Recently, [a vegan customer sued Burger King because a plant-based burger he bought at a Burger King franchise was cooked on a grill also used for cooking meat](https://www.bbc.co.uk/news/world-us-canada-50486664). This got me thinking: who would usually be liable for this sort of case? Would it be... * the franchisor (Burger King), * the franchisee (the actual restaurant owner), or * the employee I'm interested in not only the answer in Florida, where this occurred, but in other places around the world too. --- My question is not entirely specific to this example: I'm asking in general. If, for example, an employee cooked a vegan patty on a meat grill *even though it shouldn't have been done, as per company rules*, would they be liable , or the franchisee, or the franchisor?

liability

Who is liable when a consumer sues a company?

2020-03-03T22:02:47.023

2020-03-03T23:20:17.473

CC BY-SA 4.0

My husband and I would like to complete a remodeling job on our home. The relationship between us and the contractor has gotten tense as there are many errors that need correction. We have sought estimates for repairs from other contractors. Before the original contractor will approve the estimates to be deducted from our final payment the original contractor is trying to force us to sign a non disparagement contract. Can they do this legally?

contract-law

Contractor v homeowner. Disparagement clause

2020-09-21T07:52:22.057

2020-09-27T01:39:18.743

CC BY-SA 4.0

So I've heard some people (even in media, I think) say that in the United States, there's some law (or regulation) about digital/technology companies saying that they must provide access to their users' information to the government (i.e., a backdoor) no matter what. But I can't find any reliable references to that. Can someone please provide me reliable information about any such laws or regulations that exist?

privacy

Is there a US law requiring companies to provide the government with access to their users' information?

2017-11-20T21:24:00.913

2017-11-22T20:20:00.233

CC BY-SA 3.0

We are using some of my pre-existing, personally copyrighted open source software libraries at my employer. Recently they have asked me to "fix" the copyright so that it is theirs. I have no objection to them owning a version of the code, i.e. that they own the copyright to, however I want to retain the ownership and copyright of the original code as it existed before I came here. Is there a reasonably painless way to achieve this? Thanks. Cross-posted from Open Source, per a commenter's suggestion. <https://opensource.stackexchange.com/questions/6230/can-i-assign-a-2nd-copyright-to-my-employer>

copyright

Can I assign a 2nd copyright to my employer

2018-04-18T13:46:57.650

2018-04-19T04:33:52.147

CC BY-SA 3.0

Granted, they screwed up: yesterday was the deadline for filing income tax returns, and the IRS web site for e-filing crashed for half a day. Because of that crash, the Secretary of the Treasury has announced that the deadline has been extended by one day. Does the IRS have the legal authority to make this change?

tax-law

Does the IRS have authority to extend the filing deadline?

2021-11-21T16:00:04.397

2021-11-21T17:40:33.893

CC BY-SA 4.0

A theoretical company existed which used to be registered in the United Kingdom and has since been dissolved. The company was a SaaS(Software as a service) company. The code was written by **Person A**, who was a minority shareholder director of the company. There was no copyright, trademark or other license on the actual code files themselves and the original developer has access to the entire complete codebase. **Question:** Who 'owns' the code? What freedoms does **Person A** have to use the code in a similar or project of their choice?

software

Who owns the software created by a dissolved startup company?

2016-09-13T13:58:59.873

2016-09-13T15:24:13.667

CC BY-SA 3.0

I have been in a number of discussions, which the other party described the contract terms verbally in a way to convince me to proceed with the contract. I want to ask if this is not fraud, and how to handle such situations. To clarify the point, what I mean is for one of the parties to state a definition of the terms which is not the same as the intuitive meaning of the definition of the content. An example would be a number of intellectual property contents I have seen recently. On one occasion, the HR contact told me in email that they forwarded my concerns to the corporate attorney. The person then replied inline to comments stating that the content is meant to protect the information they shared with me. Given that I was not about to work on a research and development effort, this seemed like a lie to me. Can an organization, or an attorney be liable for such action. Given that the email did not contain the person's name, I would imagine this action is not ok at some level; but how illegal is it? And what would happen if such a signed contract is used to force someone to comply? Can a non-attorney claim that they were lied to, and produce the email in support of it? This is probably an area, which I like to learn more about. That is interpretation of a content. I think is an strength in the legal profession, and I would greatly appreciate any content or keywords you can suggest to me.

contract

Is it illegal to misinform someone about the terms of a contract

2020-11-23T09:09:37.753

2020-12-27T21:50:35.777

CC BY-SA 4.0

This question is with respect to tax law in India(you may also answer with respect to USA).If someone makes a software then popularizes it .The person has invested RS 100000 in making tghe software and RS 10000 on popularizing it.Now a person buys the software for Rs 10000000.The software developer files an income tax return for Rs 0 stating that because of popularization the price of it has increased to Rs 10000000.Will it be legal?How is the value determined?

intellectual-property

How is value of intellectual property decided?

2018-10-31T19:29:58.857

2019-04-17T18:12:59.790

CC BY-SA 4.0

I'm a freelance web developer and I entered into a contract with a client in August 2018. The contract was set to end and product delivered by October 5 2018. However, due to the client changes in ideas and work in progress, we went way past that end date and now I am only going to deliver the final work in 2 days. Given that there is a clause in the original agreement which states that in case of changes in ideas and the work takes more time at my sole discretion, then the client will allow more time to deliver. All of that is good. However, I want to change the end date of the Original contract to November 2 2018 but I am not sure if that's possible, given it's already past October 5. Can I actually amend the original contract now and say the end date changed to November 2nd 2018 and then amend some sections of the contract as well, to remove some sections and also to add some sections?

contract-law

Can I amend a contract after end date

2020-06-09T02:02:30.763

2021-09-20T21:20:22.503

CC BY-SA 4.0

I am planning on writing a book that happens in a universe separate from Dungeons and Dragons universe but I want to have a character be a Kenku. I know that they are copyrighted for use in other RPGs. But what about in books? Would I just have to change the race name, but can I keep all the attributes? The Kenku is going to be cursed to look like a human. They talk by mimicking things they hear. The main character is trying to fix the curse but doesn't know that the Kenku is a Kenku. The main character thinks the Kenku is a human cursed with some type of impaired speech which makes it hard to understand him. How do I find what I am able to use and what I can't use? Would the be in the Open Gaming License? Or somewhere else?

copyright

Is it possible to use creatures from an RPG (like Dungeons and Dragons) in writing a book without infringing on copyrights?

2020-07-14T14:52:58.157

2020-07-23T14:06:00.467

CC BY-SA 4.0

In many countries of the European Union, abortions are performed on women after knowledge of down syndrome in the embryo. In some countries this disease has almost disappeared from the population. And according to MIT news in recent months, we are now on the verge of being able to detect other diseases such as some form of diabetes. We must not forget that we can also already suppress HIV in births, even if for this virus, the probability of seeing it disappear from the population is much lower. All this means that in a few years the countries of the European Union will be able to create populations almost disease-free at birth. The definition of eugenics is : > > the study of or belief in the possibility of improving the qualities of the human species or a human population, especially by such means as discouraging reproduction by persons having genetic defects or presumed to have inheritable undesirable traits (negative eugenics) or encouraging reproduction by persons presumed to have inheritable desirable traits (positive eugenics). > > > And we already know that [article 3 of EU charter of human rights prohibit "eugenics practices".](https://fra.europa.eu/en/eu-charter/article/3-right-integrity-person) My first question is : Why does practices are not considered as eugenics practices following EU charter of human rights ? And my second question is : If it is proven that the constitution of human rights does not prevent such abortions, does this mean that it does not prevent abortions based on the probabilities of the height or IQ of the future child either?

constitutional-law

Is abortion of children with Down's syndrome legal in EU?

2016-04-09T03:40:48.543

2018-11-29T19:01:35.207

CC BY-SA 3.0

This all happens in Minnesota. Employee E worked for company A and had standard noncompete agreement. Agreement has an assignment clause assigning rights to any successor. Company B buys most business units of company A and hires most employees. Seller of A starts new company N. E stays with seller of A and works for new company N. Assume it's clear that language of noncompete contract assigned to B all rights of all of A's employees who now work for B. A was in the business of providing medical billing services to hospitals. E worked in that industry when hired by A. During employment E developed a product to detect fraud within hospitals and stopped working on billing and started working on the product. When B buys A, it only buys the billing business. Seller of A starts new business explicitly to sell fraud product and invites E to come along. There is an implied option for E to stay on and work for B, but B does not express interest in E and has no contact with E before the sale. Seller has an explicit new agreement with B (it is specific to seller the person) that seller will not engage in medical billing business. E has no new agreement. Seller commences new business N. E has no new agreement or paperwork with N. Not even a tax form. N is a small company and does not provide health insurance but since E received benefits under his spouse's employer there was no change in status in that regard. The only change is that auto deposit pay checks were now from N. Hospital who previously worked with seller at company A contacts seller, asking for consulting work on a billing problem. Because of seller's agreement with B, the consulting contract is written between hospital and B, with N working under a separate agreement with B. Basically N does all the work while B prints invoices and sends 50% of money to N. Seller goes to hospital and brings E along for the consulting job. In the course of the work, hospital offers E a job. Not just a job, the job - the one that's being filled by the contract work. Counsel for hospital sees no problem with the offer as it relates to hospital's actions and let's assume that's a correct assessment. But what about E? Is there any legal doctrine whereby E's agreement with A continued to apply to E in his work for company N? What about B? Do they have any standing to block E's going to work for a B's customer? My thinking here is that E technically has a noncompete agreement with B but perhaps there is a generally accepted public policy theory whereby employers can't enforce agreements against former employees especially under these facts. Reasonable minds may suggest that neither B nor N have an interest in blocking the employment. But let's assume seller is pissed bc now E won't be available to develop product for N and B is pissed because the hiring stops the gravy train and cuts off future potential work.

employment

Noncompete, nonsolicit, nondisclose agreement company that was sold. But wait, there's more

2017-05-23T11:25:59.547

2017-05-27T13:51:44.797

CC BY-SA 3.0

If a contract contains both of the following clauses, how do they not contradict each other? > > 24.3 Each party agrees that it shall have no right or remedy (other than for breach of contract) in respect of any statement, > representation, assurance or warranty (whether made negligently or > innocently) other than as expressly set out in this Agreement. > > > 24.4 Neither party shall have any liability to the other party, whether in contract, tort (including negligence), breach of statutory > duty, or otherwise, for any loss of profit, or for any indirect or > consequential loss arising under or in connection with this Agreement. > > >

contract

How to reconcile waiver and liability terms of a contract?

2019-10-27T20:44:32.237

2019-10-27T23:20:05.823

CC BY-SA 4.0

Let's suppose that a person, who has no longer anything to lose and willing to drag an innocent along with him, sends money to an innocent via bank, calls the innocent person by telling them "I sent you the money for [such and such illegal act]" and hangs out immediately and blocks the innocent's number. The innocent of course, a per title, did nothing and every mean of comunication or electronic mean of the actual perpetrator is tracked, from bank accounts to phone number and social media, and the perpetrator does know this and by this is willing to involve this innocent person, and by the proper investigations, it is found that the perpetrator had contact with the innocent poor guy- What's the legal ruling on the innocent on this case? Can the innocent individual be dragged in court for messages and money he didn't ask for and for communications interactions not depending on him?

criminal-law

Hypothetical scenario in which an innocent person is involved and dragged in

2021-06-28T22:05:41.000

2021-06-29T01:15:18.987

CC BY-SA 4.0

If I contract a company from the U.S. is the contracted company bound by U.S. laws and also how can we insure that this company can be sued within the U.S. jurisdiction if they are located outside of the country. How does that work exactly?

contract-law

Legal issue when contracting a company outside of the U.S

2019-08-09T14:12:52.413

2019-08-09T14:35:13.913

CC BY-SA 4.0

Is there a legal term or definition to use in an appeal when a lower court judge has set an impossible standard of evidence in his decision? In a property tax appeal,a judge has ignored higher court precedents and extrapolated other decisions to effectively eliminate the possibility of proving a non uniform tax assessment rate. I would think that such a decision would be invalid on its face.

tax-law

What Remedy When a judge sets an impossible standard of evidence?

2015-11-10T20:41:53.553

2015-11-11T17:25:21.193

CC BY-SA 3.0

I was just informed of this situation that occurred somewhere by a co-worker, and was wondering what the legal ramifications are (U.S. Law). To be clear, the scenario is as follows: * I tell my boss I've been offered a position at another company. * My boss later comes to me with a counter offer of a raise, if I choose to stay with them * I accept the counter offer, and inform the other company that I have chosen to stay with my current employer * After a week, my boss then informs me that I'm being let go, and that this should serve as a lesson to not mess with him. For the above scenario, regarding U.S. law, do I hold any legal grounds against this? What options would I have to defend myself (and my family) from being blatantly told that I was fired because I was willing to accept another offer without some other counter-offer from my current employer? > > As for the chap this did happen to, I'm informed that he contacted the company who originally gave him the offer, and they were still willing to bring him on-board. So, yay (somewhat) happy ending to an otherwise terrifying situation. However, I'm specifically asking about the scenario in which he was forced to be unemployed for some period of time, while looking for another job (i.e., the other company no longer had the position open) > > >

employment

Do I have legal rights against a company that offered me a raise to not leave, and then promptly fired me after turning down the other offer?

2015-05-27T02:39:05.263

2015-06-08T19:00:37.950

CC BY-SA 3.0

 Often, when I watch TV shows, I'll see or hear about an imitation of a real brand name. As an example, here is a parody of Walmart from The Simpsons The store in the picture is unambiguously supposed to represent Walmart. They're even using Walmart's Styling Is there any legal reason why they do this? and if there is, does it provide any actual legal protection?

intellectual-property

Is there a legal reason why fictional shows use imitation brand names?

2016-02-29T21:06:52.567

2016-10-20T15:20:34.610

CC BY-SA 3.0

I have the permission of the authors to create an audio version of a book published in 2015. The audio version would be licensed under a Creative Commons license. The book is published by [Routledge](https://www.routledge.com/) under the following conditions: > > © 2015 selection and editorial material, Giacomo D’Alisa, Federico > Demaria and Giorgos Kallis; individual chapters, the contributors. The > Introduction, Epilogue and chapters 14 and 36 are subject to copyleft > licensing. > > > FROM THE CONTRACT > > > 3 Copyright > 3.1 The copyright in the Editor’s part in and to the Work and any Contribution written by the Editor for inclusion therein will remain > the property of the Editor but nothing in Clause 3.1 (this clause) > shall affect any rights separately granted by Contributors to the > Publishers. The copyright notice to be printed in the Work will be in > the name of Giacomo D’Alisa, Federico Demaria and Giorgos Kallis for > selection and editorial material and in the case of Contributions, the > name of the copyright owner of the particular contribution with year > of first publication. > > > (a) In consideration of the payment to the Editor of the fee and/or > applicable royalty percentages of the Publishers’ receipts set out in > Clause 9, **the Editor grants to the Publishers the sole and exclusive > right and license to adapt, produce and publish**, and to license others > to adapt, produce and publish, the whole or any part of the Editor’s > part in and to the Work and any Contribution written for inclusion > therein or any abridgement, adaptation or translation of the Editor’s > part in and to the Work, **in all forms and media**, in the English > language only throughout the world for the full term of copyright, > (including all renewals and extensions of that term). … > > >

contract-law

Am I allowed to create an audio book from a printed book published by Routledge?

2016-02-02T15:46:59.030

2016-02-02T20:32:03.367

CC BY-SA 3.0

Hypothetical situation: Miss X, a software developer with 10 years of experience, has obtained a new job. On her first day she logs into her desktop computer and the operating system requests that she chooses a password. A few minutes later her line manager comes to talk to her and asks her to write the password to a piece of paper, place it inside an envelope, and seal and sign that envelope. He explains that if he needs access to the account when she is unreachable, he will open the envelope and use the password. In USA, can Miss X legally decline the request for her password?

employment

Can my manager request my password?

2017-04-28T21:25:09.657

2017-04-28T23:00:27.427

CC BY-SA 3.0

Suppose I have a firm named Blue. I signed a contract with a firm, named Green, to manage our fleet of motorcycles. The contract states "Green shall solicit and negotiate contracts with qualified independent contractors approved by Blue owners for repairs to the property motorcycles". Does that statement prevent our firm, Blue, from contacting and negotiating contracts directly with contractors to repair our motorcycles?

contract-law

Does "shall" in a contract preclude the other party from performing a task?

2020-12-05T19:43:15.983

2020-12-06T20:56:06.850

CC BY-SA 4.0

So if I lend a friend/family like 5k$, do I have to pay tax on that money when my friend/family pays it back to me? A more concrete example: my brother in the USA would send us let's say 5k$ for some stuff. He's in the USA and we're in another country (Romania). After we send the 5k$ back, will he have to pay tax back on it? We're talking about bank to bank transactions.

tax-law

Do you have to pay tax on money received after a friend/family repays money you lent them?

2020-08-21T20:23:06.147

2020-08-23T06:48:50.370

CC BY-SA 4.0

Some time ago, a few people set up a fundraiser to solicit private people to give money to fund a government project that was *not* meant as a gift to reduce the debt of the public. The campaign went sideways (embezzlement and fraud in the inducement are alledged), but I am more interested in the original idea, which I heard was illegal or even unconstitutional: * Why can't the federal government (the executive!) take the money raised by private citizens to fund a project they started? or phrased differently: What's the law that regulates it? * What is the *legal* difference between such a campaign (private citizens wanting to *gift* money to the government to fund a program) and war bonds?

constitutional-law

Is it legal to give money to the Federal Government to fund specific projects?

2020-08-19T11:08:31.840

2020-08-19T20:46:00.093

CC BY-SA 4.0

this question is for the jurisdiction of the united states, Washington state, pierce county, tacoma city. i am planning to sell some stuff on a phone app called "offer up" and one of the main features of the app is that it can show you items that are for sale within driving distance, and as such, you can drive to people, or people can drive to you, that day, exchange cash for the goods, then be on your way. my question is If i sell something on a web app, and the person pays me with a counterfeit bill, and i don't recognize the bill as counterfeit, will i be held criminally liable when i take it to the bank? or do i have to "knowingly possess" the counterfeit bill, will the fact that i was scammed hold up and not get me arrested, charged, or convicted? thanks.

criminal-law

If i sell something on a web app, can i be held liable if they pay with a counterfeit bill and i take it to the bank?

2020-07-26T03:41:06.393

2020-07-26T06:38:24.200

CC BY-SA 4.0

Apparently the Ronald Reagan Institute claims to own Ronald Reagan's image and [claims the ability to prevent the use of his image for commercial gain](https://www.chron.com/news/article/RNC-Trump-campaign-told-to-stop-using-President-15434408.php). I am pretty sure I am allowed to sell pictures of George Washington, Abraham Lincoln, and John F. Kennedy for profit. But I can't sell images of Ronald Reagan for profit? At what point does a person's image enter the public domain?

intellectual-property

At what point does a dead person's image enter the public domain?

2017-03-31T20:41:49.413

2018-07-01T04:59:22.980

CC BY-SA 3.0

I play this online web browser game, and I created a bot that I use to automate in-game actions. Of course using scripts/bots is prohibited in game rules and leads to banishment if detected. So my question is: legally speaking, is it illegal to sell this bot to other players? Or charge them a monthly fee for using it? If marketing it is legal, is there anything else that's illegal when dealing with online games and botting ?

software

Creating Online games bots

2016-02-11T04:54:34.793

2016-02-11T22:41:54.927

CC BY-SA 3.0

I've Googled this question but I haven't found any exact details or reliable sources. I'll keep this as broad as possible so the question isn't specific to my situation but I will answer any questions that are needed to give context if the answer depends on situation. If a client were to pay a business $X for a service can the business pay the employees a percent of the clients payment if the employees only duties involve providing the service the client payed for? I know that each employee would need to be paid minimum wage so if the minimum wage is $10 and they spend 10 hours providing the service the business would need to pay no less than $100. I ask becuase not all contracts are even for a service based business. A small project could charge $2,000 and a large project may charge $6,000 but an employer may want to pay the employee more for that large project. For example: 20 hours at the $10 rate would be $200 for that contract but if the employer could pay per project then the employer could pay something like $500 which would average out to $25/hour which may be too much for an employer to pay for smaller projects.

business

Can a business legally pay employees per project?

2015-06-08T19:06:27.990

2015-06-08T19:06:27.990

CC BY-SA 3.0

I am a student just doing some freelance work over my summer break. I call myself a web "designer" as people in my country are more used to that term when they want a website created. I develop websites according to my client's needs using free GNU licensed themes. I let my clients know that I use free templates and do not charge very much. In my website, I want to show the work I have done in my portfolio (somewhat claiming that I designed the websites). However, I did not design any of the themes I use. Is this illegal? Will it still be illegal if I state that I did not design any of those websites myself but I'm merely a developer using themes? Thanks!

copyright

Web Developer Portflolio Using Themes

2019-08-21T19:56:05.260

2019-08-21T19:56:05.260

CC BY-SA 4.0

I live on a private non-city-maintained road. There are ~30 houses, and I'm roughly in the middle, it's a dead end road. There's no HOA and since we get snow there's one neighbor who has done the job of asking everyone to chip in for snow plowing, and then another neighbor got a quote for repaving and most of the residents paid that too. It's an old road and no one on the street is interested in doing the work and expense of getting it town-maintained. On the county's parcel viewer the road itself is not owned by anyone. About a year ago a neighbor moved in that drives very fast on our small little street. He's almost hit me, and more importantly I have two little kids who I'm terrified are going to get hit by a car. I called my police officer friend (in this city) and he said there isn't much he can do. There's no speed limit since it's not a town road. We've talked to the neighbor several times and he always just says "I drive fine, I slow down when I see the kids, I can stop fine." He's really a jerk, to be honest. My wife and I, and another neighbor with small kids, is genuinely scared of him hurting out kids. I went out and bought some speed bumps, like actual industrial versions that can be bolted to the ground. They're yellow and black with little reflectors in them, the kind a condo complex would install. They're removable so I can pull them in the winter for snow plows to operate. A friend of mine said that by installing them I'm introducing liability on myself because if anyone has an accident right there they can blame the speed bumps. I'm trying to figure out if I have legitimate legal exposure, and what I can do to mitigate it. I'm planning on putting them (two of them, about ~5 apart) in front of my property on the road so I can put signs up. I can write letters and hand deliver them to every neighbor. I can put a public notice in the local paper yearly. I don't really care what I need to do, but I have to get this guy to slow down before he kills someone. **Cliffs: I want to put down speed bumps on a private road that I live on to slow down dangerous driving and don't want to get (successfully) sued for it.** Any advice would be appreciated.

civil-law

Speed bumps on private non-hoa road (California)

2022-03-07T15:35:13.003

2022-03-07T22:58:32.240

CC BY-SA 4.0

I just watched John Oliver's latest show on "Wrongful Convictions". And boy oh boy was my opinion of the US justice system way too generous! And if the US justice system was this bad, imagine the situation in other countries! <https://www.youtube.com/watch?v=kpYYdCzTpps> Wrongful Convictions: Last Week Tonight with John Oliver (HBO) ***Why do people on this forum, and lawyers in general, behave as if their profession is so objective, unbiased, etc? Is it all just an act?***

criminal-law

Is the concept of "rule of law" just a bad meme?

2018-05-10T09:00:25.103

2019-11-22T23:30:20.537

CC BY-SA 4.0

I'm wondering if anyone can shed any light on this for me please. I've been doing alot of research about GDPR lately and how it is going to effect my websites using Google Analytics. From what I can understand, any website which uses Google Analytics needs to first get the users consent before storing a cookie on their browser? I have implemented this in a cookie notice when the user first goes to the site and by default no tracking is enabled. Once they click agree, the page reloads with Analytics tracking. However, since I have implemented this onto my websites the drop in traffic is huge and really makes it hard to optimise and understand how the website is performing. My question is, Is it ok if in my cookie notice text said something like this.. 'By clicking agree or continuing to use this site you agree to our privacy policy' This way if they completely ignore the notice (which a lot of people do) and navigate to another page, then at least I am able to track more visits. Is this still considered clear consent?

privacy

GDPR - What's classed as an opt in for Google Analytics cookie and do I need to do it?

2019-04-27T14:45:17.897

2019-04-28T21:21:34.130

CC BY-SA 4.0

We just awarded a new janitorial services contract and sent a termination letter to the old contractor. The old contractor produces a near 10 year old agreement/contract signed in 2009 with an automatic renewal provision signed by a previous HOA director that only had the authority to obligate the the Association for one year at a time (2009-2010). Our bylaws limit our authority to obligate these type of contracts to one year. We did not know the contract even existed. The contract value is $2,100 per month. We cover the board with professional liability insurance. Enforceable? Professional Liability Coverage Claim?

contract-law

Is Automatic renewal of Custodial Contract signed 10 years ago by board member that only had one year authority enforceable?

2019-10-14T21:58:08.927

2019-10-15T01:04:20.003

CC BY-SA 4.0

As an employee of a software company they own my personal time projects, this is not in question. That said, my employer is quite reasonable about said things and at least verbally quite willing to review something and say "this isn't related to our work, you can have it." It being a small shop, verbal acknowledgement has been all they used before; they have no form for assigning a particular projects IP back to an employee. For a project I want to make and open source I would like something in writing. My employer is receptive to that but they want me to provide the form. I have been looking for either a template or some resource to help me write a little thing that they can sign that says something like: "The company transfers back all rights related to this project to employee, and we cannot take this back later." I suspect I don't know the correct terms to search because all I find are templates for employers to have new hires sign that assign their IP to the employer or articles talking about how really the employer owns all IP anyways. Is there a particular term I can search for this? Do such templates exist?

intellectual-property

Resources for assigning employee intellectual property back?

2017-08-24T21:48:09.920

2017-11-23T00:41:13.280

CC BY-SA 3.0

I want to create a website in UK where people can share what they pay for rent at the address they currently stay. This would be community-driven and work like glassdoor (a website for sharing your salary). It would help tenants decide if a landlord is asking too much and landlords to decide their rental price. Would you see any legal problems with that? You would input an address and get a history of rental prices (if there are any in the database).

privacy

Sharing rent information