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jonathanli

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law-stack-exchange

like 14

2021-08-10T17:19:29.717

2021-08-10T19:03:15.873

CC BY-SA 4.0

Are math questions copyrightable? I am thinking it is, but to what extent and what are the limitations? Because some question like 2+2 are too basic to be copyrightable, but some other mathematics question in calculus 1, 2 and 3 are easily copyrightable, or at least should or might have to be. I am asking, because some people may copy other people's questions and put them in their text or textbook.

copyright

Are mathematics questions copyrightable?

2015-12-23T17:02:21.667

2015-12-24T01:29:25.340

CC BY-SA 3.0

I watched many American movies in which they tell about a person who writes a personal real life story of his best friend without his acknowledgement. And the movies said that person is wrong and in some cases his best friend can sue him to the court. Is writing a real-life story about a person is illegal in USA? If so, does it matter if that person changes the names of the characters in the story, so that no-one can have an evidence that he was writing about his best friend?

privacy

Is writing a real-life story about a person is illegal in USA?

2020-04-17T20:49:32.037

2020-04-18T10:03:39.957

CC BY-SA 4.0

I understand that a contract can be created by the actions undertook by the involved parties. When you visit a website you agree to the ToS by using the website (regardless if you read it or not). Related to my [previous question](https://law.stackexchange.com/questions/50775/can-an-employer-charge-employee-contractor-a-processing-fee-for-payment?noredirect=1) I had an employer deduct a small fee to process my payment, they argued that they were allowed to because it stated they would on the website I had to use for the job. Does this even form a contract? Another example, I went to a library and started using a computer. The librarian came up to me and pointed out a sign saying I had to pay before using the computer (which is uncommon where I live). Is there a contract formed by just having a sign? Hypothetically could the library sue me for not paying? Further, if there was a sign on the door to a private building saying you have to pay $20 to enter, if you didn't read the sign and entered, could the owner demand $20 from you?

contract-law

Can reading a something mean agree to to a contract?

2015-11-18T14:17:31.350

2015-11-18T18:46:54.040

CC BY-SA 3.0

Some universities do not provide solutions/mark-schemes to exam papers. If someone (e.g. a student) was to upload online (e.g. via a blog or in a document) solutions that they themselves have made would this be legal? **Additionally** On a very related topic what about uploading the answers to problems in textbooks that do not come with answers only problems?

internet

Providing exam solutions?

2019-10-03T21:13:50.483

2020-07-31T14:05:15.630

CC BY-SA 4.0

Under what guise of law, would state actors (UK, US, etc.) be able to issue secret (unpublished) subpoenas that require industry / utilities to provide government **access** to their systems? Examples of **access** include [phone companies, which were forced during the Clinton administration to build digital networks that government agents could tap.](https://www.wsj.com/articles/attorney-general-calls-on-facebook-to-limit-message-encryption-plans-11570130636?mod=hp_lead_pos2) The modern day version of "tapping" is dismantling end to end encryption of messaging systems such as Facebook or WhatsApp

privacy

Is there precedent of secret subpoena that compels government access?

2020-07-23T09:06:02.773

2020-07-25T22:51:47.007

CC BY-SA 4.0

Usually when a contractor creates some new solution for their client it is understood that “tools of trade” used by the contractor are owned by the contractor, while any *new* IP created for the client is owned by the client. What happens when the client wants to own ***all*** the IP? Does this ever make sense? Wouldn’t that make it impossible for the contractor to build anything similar for other clients? How would the contractor grow their business if they stopped using tools of trade? Do these things even get enforced legally (how would one prove the solution was repeated elsewhere and thus infringing on IP rights?)

copyright

Is it normal for the client to own all IP for work created by a software contractor?

2017-06-13T09:58:03.630

2017-06-13T16:01:49.937

CC BY-SA 3.0

There's a maker of toys on the market and they only produce physical toys which are quite peculiar, unique and distinct from everything else. Suppose I have an idea to buy several toys from them, make photographs and drawings of those and sell that art on my website. Is there a general law (in the US) that could prohibit me from doing that or is it decided strictly by the producer of the original product? Could a copyright even apply to works like these? And is it enforceable? There may be different variations of it, such as: a specific toy appearing amongst other objects in a busy image, or a very stylized type of art that is only broadly reminiscent of the original object that inspired it. My question is not "how different can it be before copyright kicks in...", it's about two different representations of a product, different mediums. I.e. I'm not comparing a painting to a painting reproduction, rather I'm trying to understand the relationship between a physical three-dimensional object intended for play and leisure and its representation in 2D intended by me as "art".

copyright

How broad can a copyright be in case of a graphical representation of a physical object

2016-09-16T20:20:55.503

2016-09-17T00:27:32.320

CC BY-SA 3.0

MAGIX likes to sell sound packages that they proclaim as "license-free and royalty free content for non-commercial use only" (e.g <https://www.cloudswave.com/creative-tools/s/magix-soundpool-dvd-collection-20/compare/magix-video-slideshow-sound-archive-8/> ). Sometimes they offer products that they advertise as "completely license and royalty free" but if you inquire they still tell you they are for non-commercial use only. I would have thought that prohibiting commercial use inherently require a license, and that "license-free" inherently meant that the content could be used commercially. Is my assumption incorrect?

licensing

How can sound assets be "license and royalty free" but also "non-commercial use only"?

2021-12-05T17:26:50.747

2021-12-05T17:47:30.763

CC BY-SA 4.0

What does the law state about the legality to purchase an objectively legal good or service from a marketplace that also sells objectively illicit goods? As far as I know, it is legal: 1. To physically browse items at a store in a bazaar that sells legal items (eg authentic Nike shoes) and also illegal items (eg counterfeit Rolex watches) 2. To [create an account and browse](https://law.stackexchange.com/questions/55096/is-it-illegal-to-make-an-account-on-darknet-marketplaces-which-provide-illega) darknet markets, which sells legal items (eg Bitcoin magazines) and also illegal items (eg Cannabis chocolate) [Darknet markets](https://en.wikipedia.org/wiki/Darknet_market) (e-commerce websites that sell goods via anonymizing networks like [Tor](https://en.wikipedia.org/wiki/Tor_(network)#Onion_services) or [I2P](https://en.wikipedia.org/wiki/I2P)) are fairly new. The earliest darknet marketplace that I'm aware-of is the now-defunct [Silk Road](https://en.wikipedia.org/wiki/Silk_Road_(marketplace)) (2011-2013). In 2021, there are numerous marketplaces on the darknet. Are there any legal precedents or laws that specifically address the legality of using a darknet market to purchase an objectively legal good or service? If not, what does the law or historical precedent say about the analog of purchasing an objectively legal good/service from a physical marketplace that also sells objectively illegal goods/services?

internet

Is it legal to purchase something from a marketplace that clearly sells illicit goods? (silkroad, darknet markets)

2021-09-02T18:00:22.040

2021-09-02T19:35:07.603

CC BY-SA 4.0

To save on textbooks in college, I intend to borrow someone else's and take pictures of the pages, and then read the pictures. However I do not intend to at any point publish the pictures, and would only use them for personal use. Is this technically copywrite infringement, because I am not supposed to be able to read text that I did not pay for? Or is this allowed, because I am not distributing copywrited material? This is somewhat equivalent to renting a movie and recording it so I can watch it whenever I want for only the rental price. What is the legality of this? I do not see how the government would *know* if I did these, unless they are spying on the contents of my camera somehow, but is it technically illegal?

copyright

Is it copyright infringement to take pictures of textbooks for personal use?

2020-06-16T04:09:11.937

2020-06-16T05:08:31.713

CC BY-SA 4.0

I like goodreads but it lacks many features, i want to develop an app that view quotes in more modern way with more advance filters and features .The app is free with the option to pay for extra features. Is that legal or illegal?

copyright

Goodreads app (Scraping quotes) is it legal?

2020-05-20T22:22:32.953

2020-06-22T19:41:27.373

CC BY-SA 4.0

Or is there, in other words broad leeway for when a judge or a court can decide based on all of the other materical circunstances, when or when not he should enforce an otherwise unenforcable promise? I don't have access to my college business law textbook for reference, so I can't check. What I remember is this: the affected party has to have reasonably relied on that promise and have incurred some sort of economic loss or damage from that RELIANCE. It is obvious that not all promises are contracts. but what raises questions to me is, the distinction between estoppable and unenforcable promises seems to be so narrow that you could argue the only party bringing a claim to court of a broken promise would almost definately be those who have suffered damages. but admitting there are matter of factly unenforceable promises and limiting my question only to those others, what basis does the judge or court have in determinging their enforcability. taking into consideration that what I have already said that most people probably could claim they have a remedy at law (including those who friviously went out and incurred the economic loss (or whatever) with the sole purpose of fitting this narrow definition). To me the distinction beween enforcable contract and estoppable promise seems to be so vague that the only real difference it would make is if the judge was granted broad discretion, i.e. the decision to actually issue the order to estopp the promise was soley his perrogitive....) This is something that has always been at the back of my head.... but since i don't recall the textbook delving into this level I wanted to ask to be sure

contract-law

Do all estoppable promises have to be estopped?

2015-10-25T20:00:06.097

2016-11-12T17:42:42.380

CC BY-SA 3.0

Is it a crime if someone is aware a device looks like a bomb and brings that device to a public place?

criminal-law

Is it a crime to bring a device that resembles a bomb to a public place such as an airport?

2017-02-08T16:01:04.150

2017-02-20T02:47:41.947

CC BY-SA 3.0

Suppose there is open conflict between an executive administration and the federal judicial branch. The executive branch wants to curtail judicial power, but is hopefully limited by the Constitution in what it can do. Presumably there is also a certain precedence and decorum that discourages such conflicts from escalating. That said, were such a situation to escalate, would the executive have actions they could take that would weaken the judiciary? Likewise, does the judiciary have any proactive defenses against such measures? My understanding is that Article III judges are fairly well protected from retaliation by their lifetime appointment. Rude remarks aside, are there actions that could, in practice, weaken their powers or imperil their jobs?

constitutional-law

Executive/Judiciary Separation of Powers: Weaknesses?

2017-09-12T16:13:53.793

2017-09-12T21:44:32.103

CC BY-SA 3.0

I'm thinking about making my own games / applications and trying to make money from it. I have two questions related to this: 1. I'm not sure if I should become a sole trader or create a business. I know the pros and cons of both of them, and the extra commitment is a bit of a turn off when it comes to creating a business. On the other side I'm also scared of getting sued so I want to protect myself as much as possible. Which option do people typically choose for the type of work I'm trying to do? I'm not sure if I'm over thinking the possibility of getting sued and I should just save myself time and effort and go the sole trader path, or if this fear is genuine in this line of business and I should put the time and effort into protecting myself as much as possible. 2. If I was to become a sole trader am I allowed to create a company alias to make it look more professional? So on the website I could say "Created by so and so studios" rather than "Created by insert name"? Even though technically the "so and so studios" doesn't exist.

software

Sole trader / business for app/game development

2017-12-06T10:41:50.337

2017-12-08T16:39:28.783

CC BY-SA 3.0

The ["Petite" policy](https://www.justice.gov/usam/usam-9-2000-authority-us-attorney-criminal-division-mattersprior-approvals#9-2.031) ([Wikipedia](https://en.wikipedia.org/wiki/Double_Jeopardy_Clause#%22Petite%22_policy)) is a set of criteria (based on policy, not the Constitution or statute) the federal Department of Justice (USDOJ) has for prosecuting when there has already been a state trial on the same issue. The general rule is that the federal government will *not* prosecute in such a case, but there are exceptions. Jose Ines Garcia Zarate was convicted by a California state court of being a felon in possession of a firearm, which carries a sentence of 16 months to 3 years. [1](https://www.nytimes.com/2017/11/30/us/kate-steinle-murder-trial.html) The USDOJ has now charged ([announcement](https://www.justice.gov/usao-ndca/pr/jose-inez-garcia-zarate-face-federal-firearm-charges-northern-district-california), [indictment](https://www.justice.gov/opa/press-release/file/1015981/download?utm_medium=email&utm_source=govdelivery)) Garcia Zarate with two crimes: 1. Felon in Possession of Firearm and Ammunition 2. Alien in Possession of Firearm and Ammunition *1* seems to be essentially the same charge, and *2* seems pretty close (there's only one criminal transaction). Is this compliant with the "Petite" policy? I'll put an answer, but I'm looking forward to seeing other answers and comments.

criminal-law

Is re-charging Jose Ines Garcia Zarate compliant with the "Petite" policy?

2020-08-18T14:45:37.900

2020-08-18T17:00:38.813

CC BY-SA 4.0

In relation to the definition of ‘sexual activity’ I am wondering if explicit/nude photos would be classed as "sexual activity" under [S4 SOA 2003](https://www.legislation.gov.uk/ukpga/2003/42/section/4)?

criminal-law

Is it classed as sexual activity?

2018-02-12T03:11:32.050

2018-02-12T20:45:03.720

CC BY-SA 3.0

A former employer deducted a "fee" charge when I contacted him to get my 401 funds moved to my new employer's roll-over account. It was 1 year after I was dismissed from his employment. Is it legal for him to deduct this "fee" from my personal funds?

employment

Can a former employer deduct a "fee" when issuing a check for my new roll-over?

2015-10-16T11:29:58.693

2015-10-16T14:00:36.737

CC BY-SA 3.0

Is it illegal to sell something on craigslist without adding a regions value added tax? Say for example GST is 10%, and I sell my bike for $100; do I technically have to charge $110, and send $10 to the government?

tax-law

Is it illegal to sell something on craigslist without adding a regions value added tax?

2020-07-19T16:22:24.060

2020-07-19T17:34:42.967

CC BY-SA 4.0

If someone reported someone else for sending ‘abusive messages’ to them under the Mal comms act. Would unsolicited pictures of certain body parts be classed as abusive? The act is ‘send communication/ article of indecent/ offensive nature’.

criminal-law

Malicious communications UK

2019-11-24T00:39:19.163

2019-11-24T02:30:36.790

CC BY-SA 4.0

*A Dictionary of Law* (9 ed. 2018). Edited by Jonathan Law. [Quantum](https://www.oxfordreference.com/view/10.1093/acref/9780198802525.001.0001/acref-9780198802525-e-3181?rskey=KW3ZdB&result=1) > > quantum *n.* (of damages) > ========================= > > > The amount of money awarded by way of damages. > > > [Damages](https://www.oxfordreference.com/view/10.1093/acref/9780198802525.001.0001/acref-9780198802525-e-1006) > > damages *pl. n.* > ================ > > > A sum of money awarded by a court as compensation for a tort or a breach of contract. Damages are usually a [lump-sum award](https://www.oxfordreference.com/view/10.1093/acref/9780198802525.001.0001/acref-9780198802525-e-2351#) (see also [provisional damages](https://www.oxfordreference.com/view/10.1093/acref/9780198802525.001.0001/acref-9780198802525-e-3122#)). The general principle is that the claimant is entitled to full compensation (***restitutio in integrum***) for his losses. **Substantial damages** are given when actual damage has been caused, but **nominal damages** may be given for breach of contract and for some torts (such as trespass) in which no damage has been caused, in order to vindicate the claimant’s rights. Damages may be [aggravated](https://www.oxfordreference.com/view/10.1093/acref/9780198802525.001.0001/acref-9780198802525-e-149#) by the circumstances of the wrong. In exceptional cases in tort (but never in contract) [exemplary damages](https://www.oxfordreference.com/view/10.1093/acref/9780198802525.001.0001/acref-9780198802525-e-1474#) may be given to punish the defendant’s wrongdoing. Damages may be classified as unliquidated or liquidated. **Liquidated damages** are a sum fixed in advance by the parties to a contract as the amount to be paid in the event of a breach. They are recoverable provided that the sum fixed was a fair pre-estimate of the likely consequences of a breach, but not if they were imposed as a [penalty](https://www.oxfordreference.com/view/10.1093/acref/9780198802525.001.0001/acref-9780198802525-e-2829#). **Unliquidated damages** are damages the amount of which is fixed by the court. Damages may also be classified as [general and special damages](https://www.oxfordreference.com/view/10.1093/acref/9780198802525.001.0001/acref-9780198802525-e-1671#). > > > I'll cite some uses of 'quantum'. [*Anson's Law of Contract* (2016 30 ed)](https://www.amazon.co.uk/Ansons-Law-Contract-Jack-Beatson/dp/0198734786/ref=pd_lpo_sbs_14_t_0?_encoding=UTF8&psc=1&refRID=ZW82SGPZDB8D0GKSVMV4) p 432. > >       Where the covenantee has a legitimate interest which it is entitled to protect, the > restriction must not be longer in point of time, or wider in area, or otherwise be > more extensive in scope than is necessary to protect that interest. The answer to this > question in any individual case, however, must necessarily depend upon the interest > to be protected, the nature of the contract and the relative positions of the contracting > parties.159 > >       The **quantum** of the consideration which the covenantor has received in exchange > for the restraint is relevant to the determination of the reasonableness of the contract.160 > > > [*Contract Law: Text, Cases, and Materials* (2018 8 ed)](https://www.amazon.co.uk/Contract-Law-Text-Cases-Materials/dp/019880816X/ref=dp_ob_title_bk). p 242. > > Gardner has put > forward the following ((1999) 115 LQR 438, 452) as a possible hypothesis for the remedial > regime for proprietary estoppel: > > > > > > > The approach is > > – to vindicate the plaintiff’s expectations (care being taken to achieve the best match between > > the details of the plaintiff’s expectations and the possible legal responses); > > > > – to vindicate those expectations in specie if practicable, but otherwise in a monetary > > form; but > > > > > > – to resort to some other **quantum**, not more generous than the expectation measure, if it is > > impracticable to give relief in the expectation measure; and > > > > – to resort to some other **quantum**, with no ceiling at the expectation measure, in the presence > > of another factor from a limited range recognised as meriting a departure from expectation > > relief. > > > > > > > > > p 608. Hoffmann LJ in W*illiam Sindall plc v. Cambridgeshire County Council* [1994] 1 WLR 1016. > > Damages under section 2(2) are therefore damages for the misrepresentation as such. > What would be the measure of such damages? This court is not directly concerned with > **quantum**, which would be determined at an inquiry. > > > pp 727-728. Robert Goff J. > > In other cases, however, the actual benefit to the defendant may be considerably more than the appropriate or just sum to be awarded to the plaintiff, in which event the value > of the benefit will not in fact determine the **quantum** of the award. I should add, however, > that, in a case of prospecting, it would usually be wrong to identify the discovered mineral > as the benefit. > > > p. 817. Lord Lloyd in *Ruxley Electronics and Construction Ltd v. Forsyth* [1996] AC 344. > > Mr Forsyth was, I think, lucky > to have obtained so large an award for his disappointed expectations. But as there was no > criticism from any quarter as to the **quantum** of the award as distinct from the underlying principle, > it would not be right for your Lordships to interfere with the judge’s figure. > > >

contract-law

Differences between Damages and Quantum

2021-07-13T03:00:24.060

2021-07-13T18:53:43.673

CC BY-SA 4.0

Can you get patents invalidated without launching a civil lawsuit against a company? Can a person or a company let's say Samsung get a patent from Apple invalidated without launching a civil lawsuit? Is it also possible to hide your identity while doing so? Samsung wouldn't want Apple to know what it's doing and would want to get rid of the patents Samsung think it's invalid before Apple sues Samsung.

intellectual-property

Can you get patents invalidated without launching a civil lawsuit against a company?

2019-05-08T02:03:58.623

2019-05-16T21:51:03.963

CC BY-SA 4.0

I am looking for some advice on copyright infringement. We are an independent media run by volunteers and have not income, assets or offices at all. Therefore the staff varies. One of the volunteer download a photo from a blog that it seemed to be free use (the photo has been published hundreds of times in blogs that doesn’t ask for copyright) and we published the photo thinking it was OK. But weeks ago a company called Copytrack emailed us and asked for money for the copyright infringement. So, I do some research, and found that indeed the use of the photo needed a license but when it was downloaded by the volunteer it was from a blog. So, it was a real mistake, but also an unintentional copyright infringement. So I remove the pic and article in full and I sent an email apologising for the mistake and even I offer to do an interview to the photographer or something similar, as we don’t have money. They replied in identical terms they told @user1889580 “you have infringed on our client's image, pay us right away to avoid legal issues”, etc. So, I reply with a more comprehensive letter, apologising again, explaining that we don’t’ receive money, plus we never make any profit from the work we published. Something easy to prove and in fact I invited them to check in internet, were you find that we don’t receive more than 30 pounds a year. So, I said I would paid something, from my own pocket. They haven’t reply yet, but I have been doing a research and talking to colleagues and press associations. And there is a consensus: Copyrigth is a legal company but doesn’t act ethically, they act as scam and there are many complains. Plus I found this: “In view of German copyright law and the respective jurisdiction of the German courts, the amount that Copytrack claims is far too high”. The amounts they usually charge are absurd. For instance, if a photo cost 30 Euros or 100 Euros, Copytrack asks for 500, 600, 1000 euros and more. We think this is because they don’t charge for their services to their clients, so the way to get their fees is by doing this. I am are aware copyright infringement is something serious and we respect other people’s work, but I want all this managed in a fair, ethical and reasonable manner from both sides. I have been asking for advice and my colleagues say, I must ignore it. But like @user1889580 , I am worried. I am ready to pay, but to be honest the blog doesn’t have money and me either, so I I have asked for a symbolic fee or for the minimum amount. I am still checking and doing some research but I would appreciate your advice.

copyright

How to negotiate a payment for copyright infringement?

2020-04-15T18:38:01.483

2020-04-15T19:16:46.717

CC BY-SA 4.0

Assume, there's a model called **CustomerDetails**, which contains the following properties: * ContactEmail - an email address for contacting purposes, * ContactAddress - a postal address for contacting purposes, * DefaultDeliveryAddress - default address for delivery when creating orders, * DefaultInvoiceAddress - default address to be printed on invoice, when creating orders, * and other properties. All entities in the system are by default audited, ie. they contain change log / revisions history. Any user can change own CustomerDetails data by himself/herself. If user changes that information via web-interface, then what is correct: * there can be no trace of previous information: no revisions history for the CustomerDetails entity, or * there must be a possibility to delete own revisions for user: extra user interface to view+delete revisions, or * there is only obligation to delete revisions of CustomerDetails, if Right to erasure (‘right to be forgotten’) is exercised?

privacy

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

2016-11-15T21:30:39.087

2016-11-15T22:27:06.080

CC BY-SA 3.0

Lets say that an individual, Bob, has a regular job which covers his daily expenses, but also has an illegal side job. A decent percentage of his disposable income is due to Bob's illegal activities, but he has some disposable income coming from his legal activities. Both sources of income are placed into a bank, and bob then makes payments using a credit/debit card. I'm wondering where the line is drawn for stating that someone has received illegal goods, as there is no longer a way to tell what money was legally earned and what was illegally earned. I'm wondering both in cases in which one is aware of bobs illegal activities and in cases where the receiver of the money does not know it's illegal, but could still be compelled to refund it if it were illegally obtained. A few examples of the ambiguous situations I can think of: I assume if Bob buys a single drink at a local bar this would not be ruled as spending illegal money and the bar would not be committing an offense even if the owner of the bar was aware that Bob had an illegal income source, as Bob could easily purchase a drink with his legal income. Likewise I assume if bob goes out to buy a Yacht that he could never afford with his legal income it would be considered to be purchased with illegal profits. However, what about a more ambiguous case. If bob buys an expensive fur coat for someone, which he could afford to do with his legal income, but which he likely wouldn't have chosen to spend money on if he didn't have the additional illegal income, does the coat count as profiting from illegal goods? What if Bob offers a smaller sum of money to many people, small enough that Bob could easily afford to give such a gift to one person, but the combined cost of so many small gifts adds up to an amount bob couldn't/wouldn't have been able to afford without his supplementary income? Could someone argue that the gift they received from Bob came from his legal income, but the other gifts Bob made to others was due to Bob's illegal activities, by claiming Bob was likely to give a gift to them without the extra illegal income but not to the others etc?

criminal-law

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

2021-03-22T19:19:10.983

2021-04-22T06:09:03.103

CC BY-SA 4.0

The Criminal Code of Canada provides that > > **Application to territories** > > > 8 (1) The provisions of this Act apply throughout Canada except > > > (a) in Yukon, in so far as they are inconsistent with *the Yukon Act*; > > > (b) in the Northwest Territories, in so far as they are inconsistent > with the *Northwest Territories Act*; and > > > (c) in Nunavut, in so far as they are inconsistent with the *Nunavut > Act*. > > > Why was this provision necessary? Which part of the Criminal Code is inconsistent with the territorial devolution acts? Or, is this simply a declaratory provision that devolves certain power to the territorial governments?

criminal-law

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

2015-09-20T05:23:14.353

2015-09-20T14:20:12.480

CC BY-SA 3.0

I have created two images of a horse and an elephant from scratch based on Shutterstock images. I have changed some colors and added some more details but at the bottom line it looks very much the same. I want to use those images in my website, can I do it without risking being sued for copyrights violations?

copyright

Creating an image derived from a stock image

2016-03-19T20:38:57.300

2018-11-17T02:15:07.010

CC BY-SA 3.0

Akinator, the app and website, both display images of what I assume is copyrighted material. How do they manage to get around copyright law? Is this considered fair use?

copyright

How does Akinator not violate copyright law?

2018-05-11T13:14:38.827

2018-05-12T02:06:12.850

CC BY-SA 4.0

If a person were to setup a blog and got a few of their friends to also post on this blog. Who is to blame if one of those people were to get hit with a lawsuit for copyright infringement? Since this is not a registered business, or even a business, is the owner of the domain going to be the target of the lawsuit or is it the individual who stole and published copyright protected work?

copyright

Where do personal blogs stand with lawsuits?

2021-01-09T18:16:11.007

2021-06-23T18:02:35.493

CC BY-SA 4.0

Suppose that a person creates a website where the users can upload text (eBooks). There is no obvious way to be sure that users own the copyright to text that they upload. Assume that the website is designed so that after the user uploads the eBook the owner must approve the texts before they are displayed on the website. What does the law require the owner to do to avoid copyright infringement claims.

copyright

How can a website operator be protected from copyright claims

2016-06-03T11:12:41.477

2021-01-07T16:04:50.397

CC BY-SA 3.0

In April 2016 The DAO was launched (see <https://daohub.org/>, [The DAO on Wikipedia](https://en.wikipedia.org/wiki/The_DAO_%28organization%29)). It enables people from all over the world to invest money in different projects. Those investments are regulated by "smart contracts" which may contain payment terms so that investors can receive a return on their investment. One of the core features of DAOs is that they are not localized in a specific country / region but spread over an arbitrary number of countries while the whole "work" is done by the computer code behind it. Another core feature is that those investments are made completely anonymously. So when a group of anonymous investors gives money to a certain project / startup and this project refuses to return anything although it was fixed in the contract, what steps can be taken in order to enforce the terms of the investment? Which law would apply in such a case? The law of the country the project is located in? And for submitting the case to court some person or organization would have to step forward and do so. How could this be handled (without abandoning the anonymity of the investors)? So what steps should be taken / what improvements should be made in order to make investments via a DAO safe?

contract-law

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

2017-04-02T23:59:52.103

2017-04-03T04:09:30.757

CC BY-SA 3.0

I disputed with my roommate regarding the noise issue. During a dispute, I said "If you keep making noise in the future, I will 1. contact the leasing office for feasible solutions 2. report this case to your professor(advisor) 3. cut off the in-room Internet". He said it was illegal verbal threat and wanted to sue me. May I ask if what I said regarded as an illegal verbal threat? Does "2.report this case to your professor/advisor" commits coercion in the second degree in NY? We are in NYC.

criminal-law

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

2017-03-01T03:57:54.800

2018-08-08T03:00:52.373

CC BY-SA 3.0

I live in California. Soon I will hire a household employee to cook meals for me in my home. Per California OSHA law the employee must be given and read a kitchen safety manual. Must I pay the employee for the time spent reading the kitchen safety manual?

employment

Must I pay new employee for reading the safety manual?

2016-06-21T16:33:24.557

2017-10-15T09:08:57.153

CC BY-SA 3.0

If a public rental space allows for different groups, acts, and performances to rent the space, and is defined as a "public accommodation" for purposes of the law, can the space legally deny a group, act, or performance from renting out the space based on disagreement with the content of the performance? Does this change if the rental space is owned by the government? I have been thinking that an artistic performer is not technically a protected class, but it seems that not allowing anyone to rent out the space based on disagreement with the content poses a constitutional issue.

constitutional-law

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

2018-07-14T21:37:34.003

2018-07-14T22:50:14.797

CC BY-SA 4.0

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

copyright

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

2016-05-29T11:48:04.050

2016-05-29T15:57:13.880

CC BY-SA 3.0

What is the legal effect of a successful "as applied" challenge? Does it cancel out the whole law or just create new enforcement guidelines which suggest that the applied conduct should not be punished?

constitutional-law

What is the legal effect of a successful "as applied" challenge?

2018-01-26T12:24:38.130

2018-01-26T17:21:34.967

CC BY-SA 3.0

From the footer on all SE sites, user contributions are licensed as CC BY-SA 3.0: > > site design / logo © 2018 Stack Exchange Inc; user contributions licensed under [cc by-sa 3.0](https://creativecommons.org/licenses/by-sa/3.0/) with [attribution required](https://stackoverflow.blog/2009/06/25/attribution-required/). > > > Whilst licensing it as CC BY-SA 3.0 I sometimes want to license my code as MIT, GPL or any other license. This would allow users to take the code from one of my posts under a license which isn't CC BY-SA and have more freedom with the code. And so my question is how could you dual license code in a code block? --- I think something like the following would work, but I'm not sure if it's ok: > > The following codeblock is licensed under [CC BY-SA 3.0](https://creativecommons.org/licenses/by-sa/3.0/) and [GPLv2](https://www.gnu.org/licenses/old-licenses/gpl-2.0.en.html) > > > > ``` > print("Hello World") > > ``` > >

licensing

How to dual licencing code on SE

2020-05-10T21:12:25.973

2020-05-10T23:59:35.237

CC BY-SA 4.0

Like many consumers these days, I now depend on home delivery for many of my 'non-essential' items. I have been shopping online for a steel product which is often counterfeited (mostly from China), and have managed to weed out the more obvious fakes. Unfortunately, the very manufacturer that produces the item has contributed to the confusion by either importing the prime material and assembling it in the USA, or has exported the American-made parts to be assembled in China. In this case, the product is recognized world-wide as superior when made of US steel and assembled in the USA, and may in fact be considered undependable in a critical situation (read "your life depends on it") I think possibly this issue is being avoided by [advertising the product as "USA Made".](https://www.gerbergear.com/en-us/search-results-page?searchterm=lmf) In the past, "Made in U.S.A." meant something. Is "USA Made" just a weasel-word, or is it actually another way to say "Made in the USA"?

trademark

How to interpret "USA made"

2016-04-06T01:09:38.720

2016-04-06T05:37:56.580

CC BY-SA 3.0

I'm working on a NFP organisation constitution with a group of fellow members - we're very small. There is a line "Save as provided in this Constitution...". And I'm thinking that whoever wrote that must have had 10 coffees or something, because it's woefully pretentious. Any suggestions for simpler opening? Perhaps there is a legal reason for such language and it should stay?

business

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

2021-08-03T02:09:18.823

2021-08-03T04:53:36.400

CC BY-SA 4.0

I believe the copyright on Adolf Hitler's book Mein Kampf was appropriated by the Allies after WWII. But what about copyrights on other Nazi media? Consider this image, for example: <https://en.wikipedia.org/wiki/File:Der_ewige_Jude_poster.jpg> It was created for a Nazi propaganda film by Hans Schweitzer, who is now deceased. The owner would presumably be the National Socialist Party, which is now defunct. That would place it in the public domain. But could the U.S. government or some other Western entity claim the copyright rights to this image?

copyright

Copyrights on Nazi Media

2017-12-13T15:56:15.387

2018-05-26T22:31:30.630

CC BY-SA 3.0

Can a building management company charge me for work - cleaning up, fixes, etc. - that are the result of other residents' actions? Eg If another resident(s) makes a large mess in a common area and there's a cost to clean it up - is it fair (correct legal term?) for me to be expected to pay?

contract-law

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

2015-12-03T23:49:39.683

2015-12-05T02:57:47.700

CC BY-SA 3.0

I am reading The Crying of Lot 49, wherein a fictional organization called "Trystero", that may or may not exist in the story, is associated with a symbol called the "muted post horn". The author, Thomas Pynchon, invented this organization and its symbol in this story, amongst other things. The symbol as depicted on book covers became popular, and can be found as graffiti, and markings on signs, etc. since the 1960s, when the book was published. I've noticed that several online vendors are selling items with the Trystero symbol, and I wonder if any legal rights issues come into play. For instance, a print-on-demand service, CafePress, sells [coffee mugs](http://www.cafepress.com/mf/80054060/trystero_mugs?utm_medium=cpc&utm_term=889893350--c-9014973&utm_source=pla-google&utm_campaign=172671250&utm_content=13768990330&productId=889893350), water bottles, bags, shirts, etc, emblazoned with the symbol, or a facsimile thereof, and are advertised as 'Trystero' products. The designs aren't created by CafePress themselves, but rather are created by users of the site, who get some portion of the sales of the items. There is also a coffee roaster that has named itself [Trystero Coffee](http://www.trysterocoffee.com/), and has the symbol on its products. The above products and business openly acknowledge use of the name and symbol as an homage to the novel. I'm vaguely aware of copyright owners forbidding money-making reproductions of their creative work-- mostly characters, such as non-Disney Mickey Mouse cartoons, or Calvin and Hobbes dolls and stickers. Could Trystero the organization and its symbol be afforded such protection? Are these vendors simply not being persued?

copyright

IP rights for an element from a story?

2021-01-08T20:46:35.430

2021-02-11T02:44:01.470

CC BY-SA 4.0

> > Prosecutors in the US Attorney's office plan to open a federal murder investigation into the death of Brian D. Sicknick, a US Capitol Police officer who died Thursday night, a law enforcement official tells CNN. > > > [source](https://edition.cnn.com/2021/01/08/politics/capitol-police-officer-killed/index.html) I am not a lawyer, not even American, so perhaps someone (who is both) could tidy up this next bit ... I am aware that American law has a concept of each member of a group being jointly responsible for the actions of other members of the group (could someone please cite the relevant law?). So, for instance, a getaway driver parked around the corner can be charged with murder if an accomplice kills a bank teller during a robbery. Could this be applied such that every member of the crowd (or some subset thereof) around the Capitol at the time of the officer's injuries be charged? I realize that this is, in practice, highly unlikely to happen. But I seek to understand to what extend that the could theoretically apply to such a large crowd.

criminal-law

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

2015-07-27T04:52:07.460

2015-08-03T22:46:28.733

CC BY-SA 3.0

So I am trying to create a military shooter and therefore must have guns. I would like to include some weapons from real life (Ak-47, M16, Glock, etc.) and I would like to know what legal issues I might run into by using these names. Mainly if I could be violating copyright laws.

copyright

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

2017-04-28T00:05:11.743

2021-03-13T08:53:17.233

CC BY-SA 3.0

Is it illegal (or criminal) to break a contract? For example when you agree to a websites Terms of Service, if you violate a term, are you breaking the law?

contract-law

Is it illegal to break a contract?

2016-03-29T19:26:30.570

2016-03-29T23:31:22.150

CC BY-SA 3.0

Recently, a `node` software developer asked that his packages be un-published from an index of software packages called "npm" when the developer was threatened with trademark infringement. The package un-publication caused a cascade of functionality problems with software dependent on one of these packages. The developer had not explicitly revoked their license, this question is related but on a more general focus. What if the core open-source packages we depend on so critically were suddenly revoked and re-published with different terms, or none at all? Can we create a derivative work based on previously published terms? If we've already created a derivative work bound by the same license as the original author, are we infringing if they revoke the original license? The specific [wording of the most popular licenses](https://opensource.org/licenses) do not explicitly grant for any particular term. Does that mean it's only valid until explicitly revoked, or perhaps it's valid perpetually/until copyright expires? Possibly relevant cases: * TV Globo v. Brazil Up-Date Weekly * Rano v. Sipa Press * Walthal v. Rusk

copyright

Duration of a license granted without specific bound

2021-09-19T12:25:34.220

2021-09-19T16:38:16.213

CC BY-SA 4.0

Can you require a contract writer to make another official document that vulgarize the content of the contract in the United States? Or is it your responsibility to hire a lawyer and verify the content of the contract? I heard there's a law called fraudulent misrepresentation. But that law doesn't say that a party needs to represent the content of a contract, it only states he can't misrepresent it though. > > Under contract law, a plaintiff can recover compensatory damages > against a defendant when a court finds that the defendant has > committed fraudulent misrepresentation. Courts will typically find > that a defendant has committed fraudulent misrepresentation when six > factors have been met: > > > a representation was made > > > the representation was false > > > that when made, the defendant knew that the representation was false > or that the defendant made the statement recklessly without knowledge > of its truth > > > that the fraudulent misrepresentation was made with the intention that > the plaintiff rely on it that the plaintiff did rely on the fraudulent > misrepresentation > > > that the plaintiff suffered harm as a result of the fraudulent > misrepresentation > > > <https://www.law.cornell.edu/wex/fraudulent_misrepresentation>

contract-law

Can you require a contract writer to make another official document that vulgarize the content of the contract in the United States?

2020-01-23T04:08:26.440

2020-01-23T19:05:08.870

CC BY-SA 4.0

I would like to make a video where I teach something. My friend has a video camera and is willing to record me. Who would own the video? I ask because I plan on uploading it to some sort of streaming service (or personal website) and would like to choose the correct license on there. Maybe I'm over thinking this but if I'm not the owner then technically I wouldn't have the right to grant a license?

copyright

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

2019-02-28T00:02:07.563

2019-03-05T23:23:33.643

CC BY-SA 4.0

I've been in mediations with Alorica, a call center here in my city, for some time now. I was offered employment on two campaigns, one of which was a week long, and I accepted those offers. My background information didn't come back in time for me to begin training for the week-long Pizza Hut Superbowl campaign and I was cut from the class roster for that reason. The second of these two campaigns was for Best Buy customer care, and the training class I was meant to take part in was cancelled on the client's behest. I was subsequently offered employment as a US Bank customer service agent, but due to a certain issue in my past I was unable to start with this client and was cut from the class yet again. I was then offered a job as a customer service representative with Ally Bank roughly two weeks ago and all the paperwork was completed within the proper timeframe. I have now been calling during the HR department's business hours and showing up there every day to speak with someone in the recruitment department regarding my employment status, but every time I do I am either turned away, my phone call goes unanswered and my voicemails are not returned at all.

employment

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

2018-05-04T04:53:14.767

2018-06-23T23:23:28.977

CC BY-SA 4.0

Ireland tax rate is low. 15%. However, Seychelles tax rate is even lower. It's 0%. So why bother incorporating in Ireland? I mean are there any laws in US, Ireland, or Seychelles that motivate IT companies to incorporate in Ireland instead of tax haven like Belize?

tax-law

Why do tech companies incorporate in Ireland instead of Seychelles?

2021-02-21T06:29:42.233

2021-02-21T17:14:47.873

CC BY-SA 4.0

My YouTube video is 10 minutes long. There is a one-second scene in a movie that I want to insert into my video to create a funny effect. Is this copyright infringement?

copyright

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

2015-07-22T01:52:23.613

2015-07-22T21:15:13.460

CC BY-SA 3.0

I am making a website for a client who has a store and is trying to sell their products on the web now. I told the client that they would need to provide me with images of all of their products and instead, they directed me to the websites that sell the same items and told me to use their images instead. I explained that we would need to at least provide a shoutout to the website for using their images but the client does not want this. Do I need to be worried about using another web site's images when I am simply the builder of the web site who is not gaining any personal benefit besides being able to use the web site as part of my portfolio?

copyright

How to avoid image copyright infringement

2020-09-10T14:08:08.927

2020-09-10T14:40:16.200

CC BY-SA 4.0

I am written a theater play based on a hollywood movie. I am from Bulgaria so I have wrote my play based on a transaction from the original movie script. My question is to whom I have to write if I want to buy the copyrights for my play. To the original movie owners of the rights or to the owners of the rights which are based in Bulgaria, because I have translated the script to Bulgaria?

copyright

Writing theater play based on a movie (translated)

2017-01-20T03:46:25.620

2017-01-20T05:46:07.460

CC BY-SA 3.0

There is a trademarked product used in therapy that is used to increase breathing capacity. I would like to use that product in a kit with protocols and instructions that would improve its current use and expand its uses. How do I do that without infringing on the trademark or being limited by the trademark owners?

trademark

Using a trademarked item in another product

2021-12-19T01:56:58.630

2021-12-21T19:31:20.057

CC BY-SA 4.0

My research has led to unexpected discoveries and areas of learning relevant to the artisan. Academic paper by Lemly refers to an academic paper by Brown only two years after the Lanham Act was enacted: *[The Modern Lanham Act and the Death of Common Sense](https://law-journals-books.vlex.com/vid/the-modern-lanham-act-633019301)* by Mark A. Lemley published in 1999. [W]hat appear to be private disputes among hucksters almost invariably touch the public welfare. We shall therefore be concerned to ask, when courts protect trade symbols, whether their decisions further public as well as private goals.(1) When Ralph Brown wrote his seminal article on trademark law fifty years ago, the modern era of trademark law had just begun. The Lanham Act, the foundation of trademark law today, was only two years old,(2) and the nature of modern commerce was only just beginning to take shape. Both authors point out that the Lanham act as written is directed against misrepresentation and identity theft, becasue this harms the public. Both authors seem to deplore the admittedly inevitable evolution in an increasingly commercialized society where trademarks war against each other. Both authors wonder: Why should the government be involved with protecting the rights of commercial trademarks? I came across this article by accident while doing research. I would like to know about the Lanham Act in practice. My Question: As the Lanham Act is applied today in civil cases, are there more cases where the issue is trademark violation? or are the more cases where the disputed issue has to do with misrepresentation and consumer fraud?

trademark

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

2017-12-28T06:21:13.390

2018-06-07T06:21:36.613

CC BY-SA 4.0

According to US law, when a person approaches a woman who is pregnant in the third trimester, usee a knife and "takes the life of the unborn child" while the woman survives, is this crime a murder or a personal injury to the pregnant woman, or both? Does anything change depending on the month that the pregnancy had reached?

criminal-law

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

2020-02-26T03:50:28.340

2020-02-26T21:25:32.990

CC BY-SA 4.0

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

criminal-law

Would something like the holocaust be legal today

2019-03-04T09:15:35.473

2019-03-04T09:26:11.490

CC BY-SA 4.0

I signed an internet contract with a fake address in California. I live in Georgia. Am I under California or Georgia jurisdiction? Contract does not specify.

contract-law

Jurisdiction in this case?

2022-03-31T23:18:04.140

2022-03-31T23:18:04.140

CC BY-SA 4.0

Let us suppose that I am a programmer at a software company. Furthermore, let us suppose that I am learning a programming language that the company is using. Do I violate YouTube's Terms of Service if I am watching videos on YouTube that are explaining concepts and functionalities of the programming language following this statement in the Terms of Service: *You may view or listen to Content for your personal, non-commercial use.* How to correctly interpret viewing and listening to Content for commercial use?

licensing

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

2016-08-02T05:43:49.320

2016-08-03T16:07:46.777

CC BY-SA 3.0

Consider the following scenario. I am an independent Turkish game developer and I make profit by developing games for ios devices and app store. I am not happy about the high income tax rate in Turkey so I open a company in another country(say Bulgaria for convenience) with low tax rate. I stay in Bulgaria for 1 year during the development of the game and then I submit the game to app store. After that I return back to Turkey. I pay the income tax of the money that I get from Apple to the Bulgarian government every month. Can I transfer money from Bulgaria to Turkey and spend it freely in Turkey? I appreciate answers for other countries instead of Turkey to get an idea.

tax-law

Income tax from digital goods

2016-05-28T21:59:39.443

2016-05-31T07:59:51.630

CC BY-SA 3.0

For a comparison portal, that just lists and compares the products developed by others, it is allowed to copy the product description and the product tehnical details from the official website of the manufacturer? Thank you! Best regards

copyright

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

2016-10-03T15:54:26.117

2016-10-03T15:54:26.117

CC BY-SA 3.0

A software company are refusing to cancel a subscription product I have with them which renewed in 16th July 2017 unless I pay a £239.40 early cancellation fee. The subscription began in 2014. They have no record of my approval, just a record that I didn't disapprove it. [](https://i.stack.imgur.com/mi6Q0.png) They also refuse to cancel it in the future, and obviously cannot cancel it in the past. [](https://i.stack.imgur.com/XN0N9.png) Where do I stand with this sort of behaviour?

contract-law

Is an autogenerated, opt-out email legally binding

2015-09-09T06:29:37.877

2016-07-22T23:16:15.743

CC BY-SA 3.0

In France, you can pay a yearly fee to an organisation called ["SACEM"](https://en.wikipedia.org/wiki/Soci%C3%A9t%C3%A9_des_auteurs,_compositeurs_et_%C3%A9diteurs_de_musique) and use copyrighted works to make profit in various ways. Is there an equivalent in the USA?

copyright

Equivalent of the French SACEM in the USA?

2017-09-17T14:18:35.900

2017-09-17T21:31:47.893

CC BY-SA 3.0

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

internet

Where can I find a lawyer for victims of cyberstalking?

2020-04-04T21:15:18.540

2020-04-05T16:23:03.587

CC BY-SA 4.0

I filled out a w4 upon hire and employer never took taxes out of my check. Is it legal for them to have a w4 on file and not take taxes out your paycheck? --- ETA: Exempt was not specified on the W-4 and no taxes were taken out of the paychecks at all.

tax-law

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

2019-11-28T10:06:11.937

2019-11-28T10:39:45.567

CC BY-SA 4.0

I have a contract which refers to schedule 1 which is another document. However in order to be able to add the document referred to in schedule 1 to the same document as my contract, I would need to convert the schedule 1 document to be the same filetype as my contract which I can't do. So presuming that I sent the contract to the client in an email, could I then attach schedule 1 as a separate attachment to the contract in the email or does the schedule have to be in the same document as the contract?

contract-law

Can a schedule be a separate attachment in an email?

2016-03-24T12:43:16.733

2016-04-23T15:20:57.017

CC BY-SA 3.0

Assume the following situation: * foreign national in the US * working visa (e.g. H1-B) * living permanently in the US, no other address, paying all taxes in the US * savings account in home country (Europe) * savings account incurs interest Is there a threshold for declaring the interest incurred in a foreign country (income) when filing a US tax report?

tax-law

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

2019-02-19T14:53:14.473

2019-02-28T04:54:02.113

CC BY-SA 4.0

Suppose, I have purchased a DVD of movie and my PC's DVD drive has problem. Is it legal to copy content the DVD of movie to a flash memory and then use it on my PC?

copyright

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

2019-12-04T14:37:32.333

2019-12-05T00:51:40.423

CC BY-SA 4.0

In Ron Engineering, the supreme court ruled that a "Contract A" is formed when a bidder submits a bid. This seems to imply that Contract A is formed **by** the bidder, not the receiver of that bid, unilaterally. As I understand Ron Engineering, Ron Engineering made a mistake and could not retract their bid. In effect, Ron Engineering was not let out of Contract A. However, as Contract A is usually explained, it protects bidders from poor practice from people receiving bids. For instance, if the receiver does not go with the lowest bid due to other bids having additional terms not spelled out in the original tender, the lowest bidder can sue. This appears to be the complete opposite of the decision in Ron Engineering. So what does Contract A really do, and who is bound by it?

contract-law

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

2021-09-18T00:24:18.947

2021-09-20T01:42:50.483

CC BY-SA 4.0

I was watching [a segment from CNBC on YouTube](https://www.youtube.com/watch?v=ybIfSkEOOco) and was surprised by the fact that the government intends to make the tax rate retroactive after the law is passed so that the new tax rates will apply to stocks owned before the law was passed. I was wondering if in criminal law, the passing of a law that makes punishment retroactive after the law was passed is also possible making it possible for past crimes to be punished in the United States.

criminal-law

Can criminal law be retroactive in the United States?

2021-04-23T21:02:05.653

2021-04-26T03:24:03.797

CC BY-SA 4.0

My understand of contract law in general, is that an illegal or unenforceable clause does not render the whole contract void, but rather that specific clause is essentially stricken out, as if it did not exist. So, if an employment contract has a clause which said ‘in order to resign you must kill a man’ that clause would not apply, because it would require illegal behaviour. Or, in a legal system which had a maximum one month notice period, a clause which required three months notice would not be enforceable. So an employee could still give one month of notice. And any other conditions of the employment contract (working hours, location, etc.) would still apply. **My question is, could a company still keep illegal/unenforceable clauses in its contact, knowing full well these are indefensible in court?** If it matters, let’s suppose the illegality of the clause has been determined before both parties signed. Jurisdiction: answers from any are welcome, I am especially interested in the U.K. and Germany.

contract-law

Is a contract allowed to have illegal / unenforceable clauses?

2015-05-26T22:04:18.693

2015-05-26T22:51:41.430

CC BY-SA 3.0

I live in the US and do writing of my own in various forms ranging from blog posts to content for handouts and trainings I might want to resell at some point in the future. What steps I should take to legally protect the content I write so that it isn't taken and sold elsewhere later on? Are there additional things I should be thinking about before, during and after writing this content?

copyright

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

2020-03-21T14:42:44.873

2020-03-21T16:15:03.823

CC BY-SA 4.0

I have created an App at [helpathome.me](https://helpathome.me) which isolated people can use to fill out a form and request help from others. [](https://i.stack.imgur.com/X0MUs.png) I innocently thought this would be fine but a friend told me that I must comply to GDPR rules and that when it goes live it shows information directly to the public which could be used inappropriately. Further more he said that if some not so nice person was to use the data of somebody asking for help and then go to their house and commit some type of crime then I would be liable because I provided the facility for them to meet. I really want to role this out in my local area (maybe larger area if I have the resources to manage it) but before I do I want to make sure I'm not setting myself up for some nasty legal issues. I would also like any recommendations as to what I can do if anything to the app to make it more secure and compliant) Thanks . I am in the UK

internet

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

2021-10-14T06:37:04.173

2021-10-15T02:02:53.853

CC BY-SA 4.0

As the question arises in the title: What is the purpose of this [protocol](https://www.wipo.int/treaties/en/registration/madrid_protocol/) and, especially, what are the benefits over the [Madrid system](https://www.wipo.int/madrid/en/)? What is the need for this protocol?

trademark

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

2019-01-01T07:15:51.683

2019-07-01T17:02:25.447

CC BY-SA 4.0

In my ex-company, there were 2 layoffs with in a span of 1 month. In the 1st layoff, the severance pay package was better than 2nd layoff. Will the employees affected in the 2nd round have any recourse to go back and negotiate for a better severance pay?

employment

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

2020-05-23T12:08:59.720

2020-05-25T18:57:37.293

CC BY-SA 4.0

Assuming the following: 1. Alice has drawn a painting. 2. Bob has somehow (legally) gotten a photo/copy of this painting, but does not have any additional rights. 3. Bob then goes on to publish this image on his Creative Commons Zero blog. (Not thinking about the fact the doesn't have the permission to publish the photo under CC0) 4. Charles finds the photo which has been clearly published under CC0 and uses it somewhere else Obviously what Bob did was wrong. There is no question about that, but under US law, what are the consequences for Charles? And who is liable for the damages Charles' causes? Bob or Charles? A friend of mine was 'Charles' in this type of situation and he resolved it with 'Alice' super nicely (Alice wrote him asking/questioning whether he had permission to use it, Charles explained where he got it and agreed straight away to pay Alice for her work, as Alice was nice enough to just ask for a very reasonable sum), but we ended up wondering whether if 'Charles' would've wanted to be an asshole, whether he could've just put the blame completely on Bob and just stopped any further infringements. The more I think about it, the more I am confused by this, as I assume Charles would probably be liable no matter what, but if that were the case then a nefarious Alice could intentionally instruct an anonymous nefarious Bob to publish all her works everywhere.

copyright

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

2019-07-01T03:36:51.780

2019-07-01T04:58:30.980

CC BY-SA 4.0

So while shopping in a store tonight I witnessed a store clerk allow a customer to use their ID to buy cigarettes. The store clerk ask me if I could allow the customer to use my ID. I clearly and quickly told her that, I could not do that. The lady claimed to be of age. To me as a person with an MBA, would without reservations would say it is ethically wrong. I can’t find anything that states it is wrong, even though I know it is legally wrong.

business

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

2019-10-05T10:54:15.280

2019-10-05T11:47:49.787

CC BY-SA 4.0

I have written a script that fetches some information that is on a website and upon command it publishes it on another place. Is it illegal to publish it on Github and also if you use it?

internet

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

2020-11-11T01:41:44.130

2020-11-11T02:57:17.020

CC BY-SA 4.0

I wouldn't say illegal as in criminal. However, I've heard someone sue "Ghettopoly" and win. I check [Is it legal to publish a game that already exists but it was 100% developed by me](https://law.stackexchange.com/questions/57946/is-it-legal-to-publish-a-game-that-already-exists-but-it-was-100-developed-by-m) It says rules of the games cannot be copyrighted. What about likeness, etc.? <https://en.wikipedia.org/wiki/Ghettopoly> Says he has to pay damage. Why? It's obvious that ghettopoly is not the same with monopoly. Also I've heard parody is protected.

copyright

Is "Ghettopoly" legal?

2016-04-14T11:50:05.313

2019-02-06T07:04:59.133

CC BY-SA 3.0

Game art is under copyright of the designer or their company. When I play the game and take a screenshot, whose is the copyright? * Mine, because I played the game to that point and created the screenshot file; * The designer or their company, because they made the art?

copyright

What is the copyright status of game screenshots?

2015-11-19T20:38:38.990

2020-12-27T20:11:04.627

CC BY-SA 4.0

I am working on a software project that requires the use of a setup program. The one my company is using is InnoSetup. On their [downloads page](https://jrsoftware.org/isdl.php) towards the bottom, under the section titled **Encryption Module** it says: > > "For legal reasons, encryption code is not built into Inno Setup. You must download a separate "encryption module" if you wish to utilize Inno Setup's encryption capabilities..." > > > What legal reasons are they referring to?

software

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

2017-11-01T17:31:18.697

2017-11-02T12:11:39.297

CC BY-SA 3.0

I live in the UK. A few months ago, I registered at a gym. The employee there told me that I could cancel the subscription at any time. I didn't sign any contract, just gave my information. Fast forward last month, I asked to cancel my subscription. They responded that "a welcome email was sent to me after my registration containing the terms and conditions of the gym and a 12-month obligation". Since I did not contest that email, I am bound by a contract. I never received this email and I cannot find such an email anywhere (might had gone in the spam and then deleted, I'll never know). I asked them in writing (registered letter) to provide me of a proof that they sent the email to my account (including the email headers) or any other proof that I entered into a contract with them, but they haven't responded in 2 weeks. **Is what they did legal?** For instance, if I send to someone an email saying "you will pay me £x per month for 12 months for this service and this is a binding contract unless you reply to me in 14 days rejecting", is it legally binding? **Can I cancel the payments unilaterally?** They don't have any signed or verbal contract. Who has the burden of proving if I received the email or not? This is not about the money. I am just upset by their business model. The employee clearly told me I would be able to cancel with 1 month notice which he now refuses to have said. Sending at email as a binding contract without verification of receipt is sneaky at the best.

contract-law

Canceling an "email" contract

2015-09-28T23:54:55.510

2015-12-29T03:30:21.410

CC BY-SA 3.0

The District Court of California recently ruled that [Warner/Chappell Music do not hold the rights to the 'Happy Birthday' song lyrics](http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=2056&context=historical). Assuming that this is not overturned, and given that Warner/Chappell have been pursuing and collecting royalties for the song for some time - a likely reason why, on television and movies, one doesn't hear it very often - are those who paid them entitled to recover the fees that they paid for its use? And, I suppose it goes without saying, even if they *can* sue Warner Chappell, what are their prospects of success, based on legal principles, and maybe not so much based on their prospects of succeeding against such a large corporation?

copyright

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

2017-11-21T06:21:22.097

2017-11-21T06:47:08.983

CC BY-SA 3.0

I see "*Linehan I* factors" mentioned in some civil commitment decisions published on-line e.g. [this one from Minessota](https://mn.gov/law-library-stat/archive/ctapun/0810/opa080962-1104.pdf). Can someone explain where they come from and what their status is in US law? From what I can gather it's a Minnesota supreme court decision (so only applies there), but I could be wrong. Is there something more generally applicable in that respect in the US?

civil-law

Please explain Linehan I factors to a lay person

2016-04-27T04:06:56.943

2016-04-27T05:25:21.640

CC BY-SA 3.0

Say I apply at McDonald's and give the conditions that I wish to work under: 1.No income is withheld from me -- **thus I am self-employed**. 2.I work like every other worker, **but get paid a fixed amount agreed upon**. 3.I am responsible for taxes myself. 4.I ask specifically for **no benefits other than money**. 5.It could be contract-based, but doesn't exactly have to be. Could an employer legally do this?

employment

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

2018-08-30T20:55:14.897

2019-01-21T21:18:12.693

CC BY-SA 4.0

Suppose, a scientist is planning to publish a paper that is about an algorithm which analyzes Wikipedia articles. I'm wondering, if the European General Data Protection Regulation would be relevant in that case. According to Article 13, one has to inform anyone whose personal data is collected: > > 1. Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data > are obtained, provide the data subject with all of the following > information: (...) > > > Article 4 explains, what "personal data" means: > > ‘personal data’ means any information relating to an identified or > identifiable natural person (‘data subject’); an identifiable natural > person is one who can be identified, directly or indirectly, in > particular by reference to an identifier such as a name, an > identification number, location data, an online identifier (...) > > > (Source: <http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679>) Wikipedia articles might contain personal data, because each one has an edit history that lists changes and who did them (User accounts or IP addresses). Therefore, each article can be related to "online identifiers" (such as the account or the IP) of its editors. Would the scientist - according to the GDPR - have to inform the editors of all the Wikipedia Articles that he has processed their personal data?

internet

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

2021-04-29T23:57:47.633

2021-04-30T18:20:25.647

CC BY-SA 4.0

This is in part a followup to [this comment](https://law.stackexchange.com/questions/64470/can-a-so-small-as-to-be-reduced-to-a-dot-confer-any-legal-protection#comment135391_64494) in which a user wrote: > > “fixation” broadly depends on publication. How else d’you think fixation is established? > > > In a later comment the same user wrote: > > In your context fixation is a fact, but it's also irrelevant. What matters is solely what can be proved, which is publication. > > > Is that correct? Is a work copyrighted on fixation or publication? What's the difference? How is creation of a protected work proved in court? And what does "fixation" mean? This is intended to be a multi-jurisdiction question.

copyright

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

2016-02-13T16:34:45.527

2016-04-14T14:04:46.483

CC BY-SA 3.0

Is the amount of claimable damages greater during a breach of contract or is it greater during a fraudulent misrepresentation? If company A wants to sue company B due to them being guilty of a fraudulent misrepresentation, would it be better for company A to sue company B for a breach of contract instead, if the particular fraudulent misrepresentation also created a breach of contract?

contract-law

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

2017-02-10T13:09:40.963

2017-02-11T21:25:09.393

CC BY-SA 3.0

I have a mobile app that applies filters to user photos. Suppose that i want to add a filter (or a set of filters) named "Gotham" or "Daredevil" or "X-Men". Suppose this filter (or set of filters) are available only after the user purchases it (that is, they are in app purchases). Does this use of trademarked words constitues a trademark infringement? My guess is that this should not be a trademark infringement, since there is no possible confusion of the source of good.

trademark

Trademark infringement?

2015-09-11T19:06:25.347

2015-09-24T03:16:11.973

CC BY-SA 3.0

If I'm opening a hosting company and would there be any legal reason or requirement to obtain the home or business addresses of my clients?

business

Are there legal reasons to maintain addresses for my clients?

2021-06-18T17:08:35.840

2021-06-18T22:25:55.913

CC BY-SA 4.0

Does U.S. law allow a U.S. plaintiff to sue China for damages stemming from COVID? (I am not asking whether there is sufficient evidence to support such an allegation; only whether U.S. courts assert jurisdiction to impose tort damages against sovereign governments for such a claim.) [This previous Q&A](https://law.stackexchange.com/q/14153/10) notes that [28 USC 1605](https://www.law.cornell.edu/uscode/text/28/1605) allows for *some* claims against foreign governments, but that for some reason Congress passed another law ([JASTA, 2016](https://en.wikipedia.org/wiki/Justice_Against_Sponsors_of_Terrorism_Act)) to allow claims against "state sponsors of terrorism."

civil-law

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

2019-03-24T07:13:36.813

2019-03-24T08:49:23.847

CC BY-SA 4.0

In scientific articles and textbooks I've found the following images (seen at end of this post). These images were created by different authors at different times. The images all describe the same thing/process, the experimental setup one would use to flow a fluid through a cylinder of rock. In each instance where these images (figures) were given the author gave no citation/credit to any of the other authors who gave the similar images in the years prior. For this post's question, let us assume that all of these images are copyrighted and that none of the authors received express permission from the copyright owner of the images that precedes theirs. Here are the questions I would like addressed directly: 1. What are the objective and/or subjective rules for when an image is considered an outright recreation of another image (and therefore subject to copyright law)? (Citations of these rules would be appreciated) 2. And per these rules (from question 1), which of the images given below are subject to copyright violation since they are outright recreations? For example, would Figure 4 be an outright recreation of Figure 2, and why? 3. What figures, if any, are not outright recreations of the others, and why? [](https://i.stack.imgur.com/I2dC8.png)

copyright

When is an image considered a recreation of another image?

2019-09-02T16:22:52.650

2019-09-03T08:46:41.253

CC BY-SA 4.0

Contracts generally have terminations clauses allowing either party to eventually end the obligation imposed on them by a contract. E.g. the buyer may have to notify the seller of termination in writing; the service may, at its sole discretion, terminate a user for breaking the rules; the agreement may terminate on a specific date and so on. In principle, a contract could be written in such a way that the service has the right to terminate the agreement, but the customer cannot terminate the agreement (so they are stuck with that cell service provider for life). Assume that the contracts in question are contracts of adhesion (take it or leave it, customer). In the scenario, (1) there may be an explicit statement that the customer is perpetually bound or (2) there is no statement regarding termination by the customer: I assume the answer is different depending on whether the contract is silent. Is there any statutory or case law that addresses the enforceability of perpetual contracts (general common law, unless the answer is too jurisdiction in which case US)? I understand that a contract can obligate a customer to do something in exchange for receiving X, so I'm not asking if *quid* can be extinguished when there exists a viable *quo* within the statute if limits. I am also not asking about perpetual copyright licenses.

contract-law

Are perpetual contracts enforceable?

2015-08-12T00:01:35.787

2015-08-12T00:58:11.447

CC BY-SA 3.0

The question: If I am missing time at work, and spending free time, to do research to free myself from a 'crime' I didn't commit, can I sue 'the plaintiff'? The background: A rental car company is accusing me of doing ~2000 dollars worth of damage to the locks on one of their cars, they said that I must have locked myself out and trashed the door trying to break in. I have hours of footage of the car in the hotel lot where I parked it, pictures showing the car in the condition it was returned, and the car was inspected when dropped off. There is more information I could provide, but it suffices to say that I have mountains of incontrovertible evidence showing that I never broke the car. Three dealers have quoted me a price of ~$300 to repair the damage they are describing. In addition, they have tried to charge me twice today, once for 2000, and once for 500 dollars, and I had to cancel my credit card to prevent them from continuing to try to get whatever sum they can. I have spent the last eight hours gathering this information, I plan to write them a letter tonight, mail it tomorrow, will probably be in contact with them again at least once more, and so will be spending more of my time defending myself against a 'thief'. I have read online that rental car companies will do this sometimes, and that there is no way out of their fees, but that part I already have covered. the question is: Is there some way for me to inconvenience them (monetarily or otherwise) to get a sense justice?

liability

Being Paid for Preparation Time

2015-10-26T14:59:19.257

2015-10-26T16:12:53.733

CC BY-SA 3.0

Can anyone explain the difference between leaking classified information where the information leaked doesn't technically violate any laws (ie- wikileaks) & printing something like the drone report (drones violate international law but we knew that before the papers) and actually whistleblowing like cigarette companies have been using carcinogens or NSA violating American rights. The first two are treason, but the latter two are whistleblowing? Does what is reported actually matter to avoid a treason charge?

criminal-law

Treason vs Whistleblowing charges?

2022-01-04T02:41:37.767

2022-01-05T11:35:47.670

CC BY-SA 4.0

I am writing a blog and often use some examples from my past (previous companies where I was working). All of the examples are trivial (no financial info, no customer info, no know-how, and so on). And most of these events happened A LOT of time ago. So, as a result, I am pretty sure nobody cares. However, one of my friends asked me, "Is it ok (from a legal perspective) what you are doing?" and I got curious about that. Are there laws that govern something like that, or is it purely per employment agreement (and other agreements) signed during employment? Is there any statute of limitations overriding such agreements?

employment

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

2021-02-17T15:41:01.327

2021-02-17T19:08:39.260

CC BY-SA 4.0

Assume a person, who has a net worth of ₹1 billion; pirates and resells software worth ₹2 billion. A lawsuit is filed against that person and about ₹1 billion can be recovered. Is it possible to ask for an investigation in to, and compensation from, all who those received the pirated software for one more billion? Will the lawsuit continue or end at that person, or will it continue to the recipients?

intellectual-property

How deep can IP piracy lawsuits go?

2017-02-25T04:19:26.790

2017-02-25T17:17:10.010

CC BY-SA 3.0

I know in some contracts it specifically states "this contract can only be modified in writing by an addendum". I've read this is redundant as it's always true. I've also seen explicit terms in addenda saying things like "this addendum takes precedence, supersedes or prevails over any conflicts, contradictions or inconsistencies with the contract". Is this necessary? Isn't this type of statement redundant too as that's the whole point of an addendum? Is there a natural limit to an addendum, for example is a new contract ever required? For example say the initial contract says "Joe will pay Sam $100 each month" but then the addendum says "Joe will pay Robert $200 bi-monthly". Is this the point of having the clause about supersede/precedents? Basically what I'm asking is, are there any rules for addenda, for example can they both add to, remove from and modify the original contract?

contract-law

When and how does an addendum apply?

2020-05-20T03:09:03.047

2020-05-20T07:14:07.323

CC BY-SA 4.0

Suppose you have this scenario: Company AA is an automotive manufacturer that needs to upgrade the IT system that lasted for 10 years. It asked the same supplier of old IT system to provide a feasibility study on how the system could be improved in terms of speed and efficiency. Company AA recevied a report that the system can be upgraded. Then, Company AA issued a formal invitation to tender for the work involved on the basis of Company AA 'Standard Terms for IT Services'. The supplier produced a tender with detailed information like cost and duration, however the tender made several modifications to Company's standard contract terms for IT services. Then, A formal notification of contract award was issued by company AA to the contractor, but ignored the Clauses modifications and included a reference to the original standard terms of contract for IT services. The contractor did not agree with the original terms, so refused the contract award. Is the contractor obligated to start working on the project as they have reached the contract award stage. In other words, is there any legal obligations or **can a contract award can be resufed if the contactor did not agree on terms ?** P.S following common law in US & UK

contract-law

Is it possible for a contract to refuse a contract award

2017-03-24T09:33:15.920

2017-03-24T21:18:11.957

CC BY-SA 3.0

Many academic journals provide access to old articles via a digital copy of it (normally a pdf). Sometimes this is through a Third Party (like JSTOR, a database). Many of these articles are already in the public domain, as the author died more than 70 years ago (for the case of works published in the US and UK). The format in which the work was published lost copyright too, as the publication is older than 25 years. I know that I could go to my local university, get a copy of one of this old journals, scan it and distribute it, without infringing any copyright. However, **if the publisher (directly, or indirectly through a third party) offers a digital copy of the original document, does this count as a new publication?** (which means it has 25 years of copyright) Notice that "digital copy" normally means a high-quality scan, and not a retyping of the original document. Also notice that many times these articles do not come with a "new" publication date. The date of publication remains that of the original article. Thus, it is not clear to me when the new publication date would be, if this is the case.

copyright

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