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jonathanli

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law-stack-exchange

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2019-12-10T13:44:50.470

2019-12-12T13:10:44.413

CC BY-SA 4.0

I'm developing an intranet site used by employees of my company. The geographic location of an employee could be anywhere around the world but they will be accessing the intranet website using a VPN. Do I need to comply with laws related to cookies or other geographic specific laws? [Privacy and Electronic Communications Directive 2002](https://en.wikipedia.org/wiki/Privacy_and_Electronic_Communications_Directive_2002)

internet

Does an intranet site need to comply with cookie laws if it's only used internally

2019-02-10T02:21:04.630

2019-02-10T02:21:04.630

CC BY-SA 4.0

During the first lease cycle of a rental agreement, the tenant died. Is the co-signer responsible for damages to the apartment, or do the charges revert to the deceased tenant's family members?

contract-law

What is the responsibility of a co-signer upon death of a tenant within the first lease cycle?

2016-10-04T18:19:19.497

2016-11-04T18:07:32.313

CC BY-SA 3.0

If a vendor clearly ignores PCI-DSS regulations and puts my personal credit card information at risk, is there any legal action I can take against them? In the case at hand, a vendor first scanned my hand-written order form with a phone (likely a personal smartphone) and then sent that scan to me in an unencrypted email. But this is not the first case in which a vendor has mistreated my information like this. While I have not (yet) incurred any actual damage, I would like to be able to do my part in making vendors aware of their obligations. So far I usually send a nice email reminding them of the PCI-DSS regulations. But I always feel like that these emails are ignored at best. Is there some form of cease and desist that I can apply in this case? Is there a place or organization that I should notify? Should I sue them?

privacy

Can I sue a PCI violator

2015-09-08T19:15:57.617

2015-09-09T15:57:54.327

CC BY-SA 3.0

According to the answers to [Are county clerks exempt from Title VII of the Civil Rights Act of 1964?](https://law.stackexchange.com/questions/3455/are-county-clerks-exempt-from-title-vii-of-the-civil-rights-act-of-1964), elected officials of pretty much any sort are exempted from the protections offered citizens under Title VII. But it seems that without this protection, municipalities could enact laws such as "no Muslim or person with a physical or mental disability may hold an elected position." Something clearly protects this from happening. Yes, it is a violation of the constitution, but from my understanding laws are what establish protections against constitutional violations.

constitutional-law

If elected officials are exempt from CRA Title VII, what protects their civil rights?

2018-01-21T02:08:46.793

2018-01-21T07:38:47.717

CC BY-SA 3.0

I live in US and I am a freelance developer. If I take a popular yet generic Android app (such as a calendar app or a note taking app) made by a company in United states and make an app which looks almost similar to it, with the same User interface and features, but without using any of their content (such as images, music, etc), is it considered legal? What if I make the app a non-profit freeware (no ads, no purchasable content) ?

software

Is copying the User Interface and features of an Android app considered illegal in US?

2019-04-19T22:32:19.353

2019-12-06T11:06:11.770

CC BY-SA 4.0

Paul Davies. [*JC Smith's The Law of Contract* (2018 2 ed)](https://www.amazon.co.uk/Smiths-Law-Contract-Paul-Davies/dp/0198807813/ref=dp_ob_title_bk). p. 6. > > On a slightly different tack, but in a similar vein, Judge Richard Posner has written:17 > > > > > > > Suppose I sign a contract to deliver 100,000 custom-ground widgets at $.10 apiece to A, for use > > in his boiler factory. After I have delivered 10,000, B comes to me, explains that he desperately > > needs 25,000 custom-ground widgets at once since otherwise he will be forced to close his pianola factory at great cost, and offers me $.15 apiece for 25,000 widgets. I sell him the widgets > > and as a result do not complete timely delivery to A, who sustains $1000 in damages from my > > breach. Having obtained an additional profit of $1250 on the sale to B, I am better off even > > after reimbursing A for his loss. Society is also better off. Since B was willing to pay me $.15 > > per widget, it must mean that each widget was worth at least $.15 to him. But it was worth only > > $.14 to A—$.10, what he paid, plus $.04 (**$1000** divided by **25,000**), his expected profit. Thus the > > breach resulted in a transfer of the 25,000 widgets from a lower valued to a higher valued use. > > > > > > > > > 17 R Posner, *Economic Analysis of the Law* (8th edn, Aspen, 2011) 151. > > > 1. Pls see the emboldenings. Whence did the $1000 hail? 2. Whence did the 25,000 hail? This is B's quantity demanded, not A's?

contract-law

Why's A's expected profit $.04?

2019-12-09T23:01:15.953

2019-12-11T23:02:57.963

CC BY-SA 4.0

I am developing an application that will be used for computer security training, specifically for awareness of scams and phishing. As part of this, I plan to use a series of well-known company brand names and trademarks (e.g. `Stack Exchange`) in order to create examples and demos that the user can relate to. For example, I may demonstrate how a scammer can use a slightly altered domain name in order to create a convincing scam website, with the goal of educating users of this risk. As far as I can tell, the use of company brand names and trademarks for this purpose is considered a transformative use, which would therefore be protected under copyright fair use. However, there is a risk of causing user confusion or diluting brands, for example if a user doesn't understand that a particular demo is fictional, and not an actual scam. I understand that I can mitigate this with a clearly marked disclaimer and instructions. What would be the legality of this, and are there any risks or mitigations that I haven't considered? For reference I am based in the UK, however the app will be globally accessible and may use trademarks registered in many different countries.

trademark

What are the legal considerations of using trademarks in security training material?

2020-11-08T04:53:09.563

2020-11-08T06:42:49.547

CC BY-SA 4.0

Based on definitions according to [17 U.S.C. § 101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section101&num=0&edition=prelim) ([archived](https://web.archive.org/web/20201107155724/https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title17-section101&num=0&edition=prelim)): > > "Phonorecords" are material objects in which sounds, other than those > accompanying a motion picture or other audiovisual work, are fixed by > any method now known or later developed, and from which the sounds can > be perceived, reproduced, or otherwise communicated, either directly > or with the aid of a machine or device. The term "phonorecords" > includes the material object in which the sounds are first fixed. > > > > > "Sound recordings" are works that result from the fixation of a series > of musical, spoken, or other sounds, but not including the sounds > accompanying a motion picture or other audiovisual work, regardless of > the nature of the material objects, such as disks, tapes, or other > phonorecords, in which they are embodied. > > >

copyright

Is a phonorecord a sound recording on a specific material object, such as an audio book on a CD?

2020-12-03T08:27:18.273

2020-12-03T12:35:42.750

CC BY-SA 4.0

Why is contract not above law? Is there any country in the world where contract overrides law? If not, why not? What if both parties intend to sign and follow a contract that is against the law? My reason for asking is whether a contract can legitimately override EU refunds laws.

contract-law

Is there any country where contract overrides law?

2019-04-23T23:18:17.953

2019-04-24T11:22:42.443

CC BY-SA 4.0

Paul Davies. [*JC Smith's The Law of Contract* (2018 2 ed)](https://www.amazon.co.uk/Smiths-Law-Contract-Paul-Davies/dp/0198807813/ref=dp_ob_title_bk). pp. 425-426. 1. This question's title refers to the red underlines beneath. 2. What exactly is this 'legitimate interest protected' by exorbitant credit card interest rates? > > [](https://i.stack.imgur.com/7O7H7.jpg) > > >

contract-law

How does the 'legitimate interest protected' by exorbitant credit card interest differ from that of exorbitant interest 'on outstanding fees'?

2022-03-27T07:44:30.073

2022-03-27T08:00:31.480

CC BY-SA 4.0

What happens when I include parts of code(maybe logic/algo, design approach and change its implementation or implement it in a different programming language) of an open-source copy left software in my software and try to make it proprietary? So how will proprietary license issuing authorities verify authenticity of my software(code)? I will claim it as my original work and will never acknowledge that I built it by referencing an open-source work.

licensing

Verifying authenticity of software for proprietary licensing

2017-07-22T14:35:58.433

2017-07-24T03:22:20.010

CC BY-SA 3.0

Watching the People's Court, the judge says the plaintiff has a responsibility to mitigate their damages. In other words the (People's) court holds the plaintiff to a standard of effort when they have lost money and are suing to get the money back. My question, is this standard in the (People's) court part of contract law, or is it a legal standard the court uses in the administration of the law --and possibly open to (greatest) judicial interpretation? Or is it some reasonableness made up for television?

contract-law

Is plaintiff responsibility to 'mitigate their damages' a law?

2019-10-16T14:05:29.283

2022-02-24T02:02:05.220

CC BY-SA 4.0

I'm a small business targeting name tags to the individual worker. Some orders are from the businesses themselves, but others are for lone workers that seek a better name tag. When a lone McDonalds, Best Buy, Chick-fil-a, etc. employee comes to me and wants the golden arches or other logo on their name tag, am I opening up an infringement or other liability? The question keeps haunting me, but I think that the ordering party is essentially performing like an agent of their company and authorizing the usage of the logo. Please let me know if I'm woefully mistaken. So that covers the manufacturing, but then I'm wondering if it is a different matter when I post a product for sale online that's particularly advertising the "Customized McDonalds Name Tag w/Logo" as the base product. If the on-demand making of them is allowed, then is this any worse? Any input so that I don't step on my own feet would be much appreciated. Thank you!

trademark

I manufacture employee name tags. Am I exposing myself by using their company's logo on tags ordered by their employees?

2018-01-24T22:13:40.270

2018-01-24T22:13:40.270

CC BY-SA 3.0

I have been offered 5% of a company through a shareholder agreement form (which I have not signed) but am really worried about a clause which essentially states, > > Any IP discovered by me relating to the business while in > the service of the Company must be disclosed and becomes the property > of the company. > > > Typically, I might say that service is the time during which I am being paid but there is no wage associated with the shareholding. I am a contractor and work for other customers, I am concerned that such a clause would mean that I would be obliged to disclose customer secrets as they are in similar sectors. Am I over-stressing or should I argue the clause?

contract-law

What does "While in the service of the company" mean?

2020-02-16T11:00:08.217

2020-02-16T11:00:08.217

CC BY-SA 4.0

I was accused of stealing from a store from a worker so she tried to stop me from driving away. I was later arrested by the police because she claimed that I was attempting to harm her with my car. The keys to my car were taken and I wasn’t allowed to take any of my belongings out of the car such as my phone or wallet. When they arrived they hand cuffed me and didn’t listen to anything I said, I was taken to the police station where I was finally listened to. They finally heard my side of the story and found out I was right. I asked for the keys of my car back and they told me that they gave them to the passenger in my car at the time of the incident. The person that was in my car has now stolen my car and everything in it. All they said was that they’re sorry and that I should report it.

criminal-law

If a police officer has taken the keys of my car away from me, who are the police allowed to return them to?

2017-08-03T21:36:10.180

2017-08-03T21:36:10.180

CC BY-SA 3.0

A startup I worked for had promised me to grant my options that were vested, however, they are making me pay the legal costs of executing those options. Is that legal? On the contract, it says nothing about legal costs. I feel like I'm being hold for ransom with the fees.

contract-law

Startup making me pay legal costs of my vested options, is that legal?

2018-02-19T14:54:00.443

2018-02-19T21:36:36.333

CC BY-SA 3.0

I'm starting a course about building website backends with NodeJS and I was wondering is it legal to use the [NodeJS](https://nodejs.org) logo as **part** of my course cover?

trademark

Can I use nodejs logo as part of my course cover?

2016-05-12T00:59:33.517

2016-05-12T17:38:24.230

CC BY-SA 3.0

I am not a law professional at all but I all of a sudden realized something to which I cannot find a reasonable answer. In customs (or in similar law-enforcement acts), why is the burden of proof on the subject but not on the state? CASE 1) If Acme Inc. imports some agricultural products, then she needs to demonstrate that everything complies with the biosafety regulations rather than the officers proving a violation. Then Acme needs to perform any necessary test by herself. CASE 2) If it is claimed Mrs. X is insane and needs a guardian, then the burden of proof is with the plaintiff. Mrs. X need not prove that she is a reasonable person to a public authority every single minute to remain officially sane. My interpretation for the case 2 is that somebody is assumed to be reasonable by nature unless something happens. But why is some"thing" is not OK by default?

criminal-law

Burden of proof at customs

2015-09-16T01:21:39.950

2015-09-16T03:46:04.727

CC BY-SA 3.0

Suppose a private party were to pay for the production of a theatrical play in England, and one of these performances was filmed, with the intention that the filming would be later edited into a DVD. There are therefore several interested parties: * The party that paid for everything * The person who filmed and edited the performance (the same person in this example) * The actors * The venue To which of these parties (or any others) do rights belong in the recording and DVD? Do these rights differ if the DVD is (a) publicily sold for profit, (b) privately sold for profit (e.g. just to those associated with the production), (c) privately distributed for free?

intellectual-property

IP Rights in Recordings

2015-09-04T21:08:04.500

2015-09-06T01:09:25.407

CC BY-SA 3.0

I recently wrote a clone of the famous Jeopardy! game. It is copyrighted but I believe that if I my copy was made for educational and recreational uses only (no commercial) it falls under FAIR USE, am I right? If so, can I publish it on the public internet? I am using the main screen and concept of a game, the name is the same, and the audience will just be me and the code reviewers. I am in the EU. (Something like 10 people will play the game so might it count as private use?)

copyright

Is it ok to post a clone of a famous game up for review or in a website?

2018-05-15T14:03:00.073

2018-05-15T14:33:43.920

CC BY-SA 4.0

I'm being asked to sign a letter of engagement with an attorney. One of the numbered paragraphs is blank and just says "Reserved". What is the reason for it, can the attorney just insert whatever terms they want later? Clearly not, but it must have some purpose. This letter is being presented on an online signing service if that matters.

contract

What is a "Reserved" clause in a contract? (letter of engagement)

2019-05-01T09:19:32.393

2019-05-02T15:06:44.303

CC BY-SA 4.0

How does one even create the title of an app when basically most nouns in the English language have been trademarked? * When and when isn't a trademark valid? * For example, I was surprised that even the word corgi and jets are trademarked! Jacuzzi seems to be the strong advocate of their trademark. But, what if these words are used in combination? Such as: Front Jacuzzi Back Corgi? Related to: [Trademark Infringement notice for usage of a dictionary word Jacuzzi in app - Google Play Store](https://law.stackexchange.com/questions/40581/trademark-infringement-notice-for-usage-of-a-dictionary-word-jacuzzi-in-app-go)

trademark

Understanding trademark infringements in a world where many dictionary words are trademarks?

2017-07-14T07:49:03.230

2017-07-14T12:56:33.940

CC BY-SA 3.0

Suppose I want to draw a horse. I don't know how to draw a horse so I buy a How to Draw Animals book and follow the instructions of the book to draw a horse. Now can I use my drawing for commercial purposes?

copyright

Is copying from How to Draw books copyright infringement?

2017-02-19T10:40:04.020

2017-02-19T20:43:32.567

CC BY-SA 3.0

First of all: I hope this fits on this stackexchange. Sorry if it doesn't... The title says it all. I want to write a document and I would like to put an open license on it (i.e. do whatever you want). However I am by no means willing to take any responsibility for derived work and would like the license to reflect that by requiring that any derived work not be attributed to me. So essentially I want a license that says: "Do whatever you want with this text. Distribute it as you like. The only requirement I have is that you remove my name from any derived work". Is that actually possible at all? Or should I then essentially pick a license that forbids derived work altogether?

licensing

Document license that explicitly forbids attribution of derived work

2016-05-21T01:41:41.260

2016-05-21T12:19:19.750

CC BY-SA 3.0

Topical example (concerning the Facebook bias controversy of May 2016): if Facebook knowingly discriminated against conservative stories in its Trending feature, but told users and the press that there was no bias, could Facebook be prosecuted under U.S. law?

criminal-law

Is lying to your customers prosecutable?

2019-11-27T10:37:29.443

2019-11-27T20:26:35.437

CC BY-SA 4.0

Should state that I am in the United Kingdom (England specifically if that makes a difference). I have a contract I want to make for a web design job and I have created a contract that lays out the terms while the web design job is taking place which will then be finished once the web design job has been completed. However, once the web design job has been completed, my intention would be to then offer the client web hosting services. However, as this would be an ongoing service, I have created another hosting contract for this which would then be renewed every 12 months. I could send the two contracts separately and have the client sign both if I needed to but this would involve inconvenience in needing the client to sign two documents. So I wondered if I could either: * Create a hosting clause in the web design contract which would then refer to the fact that the terms of the hosting service are defined in the hosting contract (which I would then link to either a web page or another document or could I add these terms as a schedule?) * List the two sets of terms separately but in the same document and then have it so that there is just one place to sign at the bottom for both sets of terms. Is this possible or would this create issues?

contract-law

Can I refer to another contract in a contract?

2019-07-18T21:58:17.443

2019-07-18T22:47:44.447

CC BY-SA 4.0

I have signed a contingency agreement with a roofing company here in Colorado. Am I bound to anything here? It seems like a 'good faith' agreement that I will contact my insurance company. If I don't follow up with the roofing company with a claim number, which is what they would need, am I in violation of anything? The contingency agreement that states: Insurance Allowance Agreement: I/we agree to retain [roofing company] to contact my insurance company and meet with their representative (adjustor) as our Contractor of Choice to discuss the scope of necessary repairs. Upon our receipt of the insurance estimate we will meet with a representative of [roofing company] to review the paperwork and discuss the scope of the project. By signing below, you agree to: * (A) call your insurance company to obtain a claim number * (B) authorize a representative of [roofing company] to meet with your insurance adjustor to discuss and review the required repairs as your contractor of choice. * (C) meet with a representative of [roofing company] when your insurance paperwork arrives to discuss the production process.

contract

roofing contractor contingency agreement

2018-11-16T11:07:05.813

2018-11-19T09:10:45.880

CC BY-SA 4.0

The short: my company have been paid to develop a software system for a client. There are (sort of) similar systems on the market already, there is currently a lot of demand for it, I want to redistribute something similar if I am within my rights to do so. I am not employed by the client, nor has anything formal been agreed (in terms of ownership) - but I have developed a system for them according to their design and requirements. I have not sold them this product as an off-the-shelf option, it is entirely bespoke. There are some features of this system that are arguably too bespoke, and technical approaches I have taken due to their own constraints, so if I were to aim to package it up for redistribution/sale to other customers, it would most definitely be different enough to the original, in many ways. My questions (with regard to my rights to sell it elsewhere as a product): --- Does 'different enough' matter? I am assuming it does, but I do not know the law as to whether the intellectual property is theirs until the product varies from what they paid for? Am I concerned with the right thing here? How different must my product be? Is this quantified anywhere in law? Should I be concerned at all since nothing was in writing? Or are legal implications already made as a result of them paying the invoices I send them? What else am I not considering here? I have no clue about the legals with regards to this, but I am sure it must be well covered. I've signed contracts in the past (with other clients, in totally different industries) stating that I may not work for a competitor etc. within 6 months after project completion, but nothing has been formalised here. **EDIT: Apologies, I should clarify - I am based in the UK, so UK law is what I'm concerned with.**

software

Redistribution of system similar to the one commissioned (privately) by a client

2020-07-13T18:23:22.850

2020-07-14T06:46:52.893

CC BY-SA 4.0

I am having some trouble with some of the terminology in Licensing agreement SEC filings. Does someone know what is meant by "commercial target"? The definition just states: "1.18 “Commercial Target” means the Target for which Licensee is granted a Commercial License hereunder." Here is a link to the relevant document: <https://www.sec.gov/Archives/edgar/data/0001175505/000119312513338467/d536956dex1030.htm>

contract-law

What does "commercial target" mean in a pharma licensing agreement?

2021-08-19T09:27:48.667

2021-08-19T13:52:11.533

CC BY-SA 4.0

Scenario 1: Artist B buys a line image of a cat licenced on a stock image website by Artist A. (licence terms-free to distribute, modify but must credit original artist). Artist B colours it and then places it on a creative commons clipart website without crediting the original artist. (Image can be used free for commercial use except merchandising, no accreditation required). Person C uses Artist B's image from the clipart website without the knowledge of Artist A. Is Person C infringing on Person A's copyright by using B's image? Is Person B allowed to post their image on the clipart website? Scenario 2 Artist B uses Artist A's clipart to make their own version of the animal. They place this on a creative commons stock site-(free for commercial, no attribution required). Artist C uses Artist B's version in their own work, publishes and later finds that Artist B based their work on A's clipart. Artist A cannot be located and the work is only visible on a couple of free for personal use clipart websites. The work seems to be an orphan work. It cannot be ascertained if Artist B has permission to make the derivative. What is the legal position of Artist C (assuming no fair use/fair dealings)? Thanks

copyright

Copy Right Image

2016-04-22T11:14:28.197

2016-04-22T22:04:49.303

CC BY-SA 3.0

If somebody registered a distinctive website name, that has no content or services related to it (i.e. it's an empty page), is the name trademarked? <https://en.wikipedia.org/wiki/Domain_parking>

trademark

Are the names of parked domain websites trademarked?

2017-02-23T10:57:01.953

2019-03-13T18:55:48.817

CC BY-SA 3.0

My employer is trying enforce new rules about how we use our annual leave. Among other points they require the following are the ones of concern: 1. 50% of annual leave must be booked (planned, bot necessarily taken) by September 2. There must be at least two people in the office on all working days 3. The manager has priority over leave during the Christmas break this year as he missed it last year (due to the enforcement of rule number 2 that he introduced). Due to the slightly chaotic nature of my life outside of work, planning leave a long way ahead is extremely difficult. And although I'm not too concerned about needing 2 people in the office at any time it is obviously more of a concern at Christmas. I don't live very far away from my workplace, we have full remote access and I have said I am prepared to be "On Call" for an emergency but am not physically required in the office. However my manager is adamant that I physically need to be here. Also denying out leave during that period to give himself priority seems an abuse of his position. Am curious what restrictions they can legally enforce?

employment

Can an employer dictate when an employee can take annual leave?

2018-04-25T09:21:49.890

2018-08-21T05:28:18.377

CC BY-SA 3.0

I am a web designer that works with a range of clients on a project basis. I complete a project and then offer my services at any hourly rate for any other work required in the future. Do I have a legal responsibility to ensure any projects are GDPR compliant which are: 1. finished before 25th May 2018? 2. finished after the 25th May 2018?

privacy

GDPR liability for Web Designer

2021-02-24T04:23:24.607

2021-02-25T07:48:34.363

CC BY-SA 4.0

Suppose you purchased a product on eBay, realized that it was likely illegal (like a bootleg copy of the advertised copyrighted product), and returned it. Does the act of returning the product make you liable for its distribution? If one views the return and refund as a nullification of the original transaction maybe not, but if you consider the act of purchase and the act of the return as two separate actions then maybe the return is a kind of distribution, isn't it?

copyright

Does returning an illegal product back to the seller for the refund make one liable for said product distribution?

2018-06-25T18:59:05.257

2018-06-25T20:21:00.360

CC BY-SA 4.0

My neighbor does odd jobs for me such as taking out the trash, cleaning out the gutters, etc. They fell off a ladder and required medical attention. Recently, they received a letter from their insurance provider that states: > > If another person or entity caused or may be responsible for the > injury/illness treated, we have processed the claim in accordance with > your contract benefits. However, we may be able to recover the expense > of these services from the party causing the injury. Before we can > close this matter, we require additional information from you. > > > Are they obligated to respond? If so, how should they respond?

liability

Liability for neighbor injured on my property

2017-02-03T07:05:00.930

2017-02-03T08:23:17.610

CC BY-SA 3.0

Imagine I write a non-fiction book, in which I make references to Simpsons characters, starting with the title. I assume I can't take a picture from the cartoon and put it on the cover without running into legal difficulties (correct me, if I'm wrong). But I could hire an artist, who would draw a new, original picture of the characters. The results of the artist's work would be my intellectual property. Let's assume the artist does everything right and sells me the image he or she created for me (i. e. didn't sell it to multiple people; I'm the one and only owner of the image). Then I could put that illustration on the cover of the book. If I start selling this book with this cover on Amazon and SmashWords, how likely am I get in trouble with American legal system on a scale of 1 to 10? 1 means nothing will happen. 10 means that 5 minutes after I publish the book, black helicopters will take me to Guantanamo.

copyright

Am I allowed to put an illustration based on Simpsons on the cover of my book?

2019-09-16T13:20:06.143

2019-09-17T04:31:28.647

CC BY-SA 4.0

According to this article [ref here](https://dcdirtylaundry.com/new-york-fire-commissioners-call-for-new-9-11-investigation/), [ref here](https://www.globalresearch.ca/new-york-area-fire-commissioners-make-history-call-new-911-investigation/5684982), [ref here](https://www.zerohedge.com/health/new-york-area-fire-commissioners-demand-new-911-investigation) and [ref here:](https://www.ae911truth.org/news/540-new-york-area-fire-commissioners-make-history-call-for-new-9-11-investigation) > > ...History has just been made, as the first legislative body in the > country officially announces their support for reopening the 9/11 > investigation. Citing “overwhelming evidence” of preplanted > explosives, the fire commissioners of Franklin Square and Munson... > > > Video of the whole event [here](https://www.youtube.com/watch?v=qM9CJRClLOk) > > ...the Franklin Square and Munson Fire District, which oversees a > volunteer fire department serving a hamlet of 30,000 residents just > outside of Queens, New York, became the first legislative body in the > country to officially support a new investigation into the events of > 9/11... > > > **What legislative body is that?** It is said that they support a new independent investigation but whose responsibility is to start an investigation like that? Are firefighters a legislative body in the USA? [Lawyers' Committee for 9/11 Inquiry](https://www.lawyerscommitteefor9-11inquiry.org/) have been trying the open a new investigation without result for years why is it any different now?

criminal-law

Do firefighters contitute a legislative power?

2022-03-08T22:48:00.370

2022-03-11T19:10:06.880

CC BY-SA 4.0

This question is not about politics, it's purely about law. Recently, a number of companies announced that they will be terminating contracts with anyone who has Russian registration. One example is IONOS web and domain hosting: > > Ukraine Conflict – Cancellation of Your Account > > Dear XXX, > > As you may already be aware from IONOS's public statements, IONOS has made the difficult decision to no longer provide services to Russian and Belarusian customers. While we understand that you may not personally support the war in Ukraine or the policies which led up to the war, it's important that IONOS make clear our support for the people and country of Ukraine. With that in mind, your account will be terminated effective 16/03/22, so please transfer all of your data, domain names, and any related email addresses to another provider no later than the termination date. After the termination date, any domains which are not transferred will resolve to an error page until the domain expiry date, and any data associated with your account will be deleted. > > If you believe your website provides information services that are critical to the defense of Ukraine or which assist in ensuring the safety and well-being of the Ukrainian people, please reach out to us directly and an IONOS representative will review your site as a possible exception to the company's general policy on terminations. Please note that IONOS will make any such determination in its sole and unfettered discretion, without any obligation to you. > > In case you need support, please contact our Customer Service team at: > 1-484-254-5555. > > We stand with Ukraine! > > > Here's what seems to be their Terms&Conditions: <https://www.ionos.com/terms-gtc/general-terms-and-conditions/> I read through it, and I find these clauses remotely relevant: > > IONOS may terminate this Agreement at any time for any reason, with or without cause, upon thirty days' written notice > > > In my understanding, this doesn't apply, because they're giving only 8 days of prior notice. > > You represent and warrant that you are not a national or resident of Burma/Myanmar, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, and Syria or any other country subject to U.S. Treasury Department embargo restrictions > > > To my knowledge, Russia is not embargoed. > > In the event of "force majeure" (as defined below), IONOS may terminate this Agreement without liability to you. For purposes of the Agreement, "force majeure" shall mean circumstances or occurrences beyond IONOS’s reasonable control, whether or not foreseeable at the time of entering into the Agreement, in consequence of which IONOS cannot reasonably be required to perform its obligations hereunder or otherwise perform its obligations under the Agreement. > > > IONOS is an internet service, which to my knowledge is rendered outside of Russian soil. Therefore I don't see a way to declare that IONOS is "cannot reasonably be required to perform its obligations" in such situation. Also, by the time of their decision, there is no war on Russian soil.

contract-law

What is the legal basis for terminating contracts with Russian residents?

2016-11-09T03:42:57.583

2017-03-09T11:04:03.880

CC BY-SA 3.0

I have a contract that was signed on Nov 4, 2016. It says that we can cancel the contract within three business days from the above date. Additionally, it also says "To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice to" followed by an address and "no later than midnight of Nov 9, 2016". I am wondering if midnight of Nov 9 means a minute after Nov 8 11:59PM or it is after Nov 9 11:59PM.

contract

What does "No later than midnight of a day" mean?

2022-05-04T01:25:12.483

2022-05-04T01:25:12.483

CC BY-SA 4.0

I am developing a web application that involves connecting PHP with SQL Server, in order to do so it was necessary to download and install the Microsoft ODBC Driver 18 for SQL Server for Windows; reading the license it metions in the part of "Installation and use rights" that "You may install and use any number of copies of the software to develop and test your applications", I wonder if I wanted to market (not develop or test) my web application so that other users connect to my server, where I have Microsoft Driver 18 for Sql Server installed, throught a web browser to make use of my application that needs the Microsoft Driver 18 for Sql Server to be able to work (not to download the driver but to use my web application), is it possible to do it with that driver that I have downloaded or should I buy some other driver or application that allows me to market my application? If so I would like to know why. <https://docs.microsoft.com/en-us/sql/connect/odbc/download-odbc-driver-for-sql-server?view=sql-server-ver15> Thanks Daniel

licensing

Can I use the Microsoft ODBC driver 18 for SQL Server in a commercial application?

2019-10-06T22:17:39.280

2019-10-09T19:52:06.383

CC BY-SA 4.0

I am currently interested in doing some research performing various measurements and algorithms on the most common words in the English language. I have found a few good word lists online that would be suitable, but I am concerned that they may be subject to copyright and would like to be sure about their status before I use them. The lists are in the form of a simple text file with one word per line. I understand that collections of words such as dictionaries are subject to copyright because they contain a large amount of words and their definitions which can be considered to require original work and creativity, but what about just words without any definitions or additional information? I have seen [this other Law Stack Exchange question](https://law.stackexchange.com/questions/6597/copyright-fair-use-and-online-dictionaries-translations-word-list?rq=1), which mentions lists of words, but the author seems to have been interested in also using some short definitions, and I am not certain the answer refers to plain word lists. Is a list of common words copyrightable? If so, would it still be considered fair use to use the word list to generate data not related to the words themselves?

copyright

Is a list of the most common English words copyrightable under US law?

2018-12-12T00:20:28.053

2018-12-14T21:42:10.123

CC BY-SA 4.0

When making a Subject Access Request to GCHQ I was told that I would have to pay a fee for this Request. The GDPR does not allow for such a fee, while the UK Data Protection Act does(Part 4 – Chapter 3 - Section 94). My Subject Access Request concerns the website of the GCHQ, and not the GCHQ's surveillance activities. Does the GDPR supersede the UK Data Protection Act in this case?

privacy

Fee for Subject Access Request to GCHQ, Data Protection Act 2018

2019-06-05T22:05:03.880

2019-06-06T02:14:15.903

CC BY-SA 4.0

I'm writing a module for the internal company website of my current employer. Does that constitute comercial use?

software

What constitutes comercial use of software?

2016-02-17T02:16:54.243

2017-09-11T04:05:39.247

CC BY-SA 3.0

Is it legal to tax each item separately? I visited Buddy's Pizza in Detroit MI on 6 Mile and Conant on 2/14/2016 Valentines Day. The waitress taxed each item on my bill separately: for example, she taxed me for the pizza, then taxed me for the pop, and added a gratuity.

tax-law

Calculating the sales tax on separate items on a restaurant bill

2021-06-14T09:42:00.620

2021-06-16T16:38:37.680

CC BY-SA 4.0

Bob is a clinically vulnerable adult that has a weak immune system. Eve is one of Bob's friends. Eve has been offered a vaccine for a widely spread and contagious disease that has the potential to kill Bob if he caught it from Eve. Eve does not take this vaccine, as she does not think it will affect her and it goes against her beliefs/morals. Unfortunately, Eve catches this disease and then passes it on (transmits) it to Bob. As a result, Bob becomes ill and dies. Could Eve be tried for murder, manslaughter, or some other crime, as she chose not to be vaccinated against a disease that she (in-directly) passed on to Bob and killed him?

criminal-law

Bob dies because Eve chose not to be vaccinated, is this a crime?

2020-10-01T18:12:15.080

2020-10-01T19:53:27.727

CC BY-SA 4.0

For over a year, I'm trying to get "wordpress.org" to delete my personal data from their [bugtracker](https://core.trac.wordpress.org/) (the pseudonym is linked to my full personal address). According to <https://wordpress.org/about/privacy/> The website states GDPR compliancy and appropriate rights are theoretically granted. There is no legal or even practical reason not to (at least) anonymize the data in question. No payments or contracts are involved. Until today I have written about 7 mails to 4 different receivers including but not limited to the address listed in the above privacy statement, starting from August 2019. Without any reply at all. I tried opening tasks in their bugtracker and request information about the legal holder of the domain or a contact who may be able to fulfill my request. All my requests have been blocked and deleted immediately - even one of my domains has been blocked completely. Wordpress is putting preasure on avoiding me as hard as possible even tho I have written most polite messages and acknowledging integrity of their systems. What could I possibly do now to get my data erased or anonymized?

privacy

Why is my GDPR (a.17) request not fulfilled?

2021-02-01T15:39:34.243

2021-02-01T23:12:23.500

CC BY-SA 4.0

If a corporation is criminally charged while handling privacy data wrongly (assume such a law exists if it does not) in India who is liable? Is it the chairman, deparment of privacy, employees involved, the majority shareholder who financed the company or someone else? Assume the company was not set up just to do illegal activity and the majority shareholder and chairman took reasonable steps to ensure privacy and left the rest to privacy experts and lawyers in the privacy department.

privacy

How are corporations imprisoned?

2019-03-22T21:53:36.617

2019-03-24T04:57:50.007

CC BY-SA 4.0

While I am located in Europe, I am generally interested in how this is handled in different countries. This is not a current question, but more a theoretical question, about how the law "generally" works. I am aware, that different countries may have very different laws, but I would still like to read answers, regardless of the country. Let's imagine, that I get a contract, which claims something along the lines of "A admits, that all the code he has written for this company has always exclusively belonged to the company". This is basically an admission to a fact. Let's imagine, that I have a condition for this admission and add: "This contract is void, unless payment of X happens before xx.xx.xx." Or let's even imagine, that I add "this contract is void, unless I get a bag of coke before xx.xx.xx.". 1. Does me signing the contract count as an admission of the fact, even if my condition was not met? 2. What if my condition was illegal or for some other reason invalid. Would this invalidate the whole contract or would it only invalidate the condition? 3. If the counter party uses the contract in court as proof of my admission, would they need to sign the document as well in order to make the contract valid, thereby accepting the condition? 4. Let's imagine an even more explicit situation: I am accused of murder. I make a deal, where I admit to the murder, but as compensation I demand a new car. The DA doesn't sign the deal or accept it, but later uses my contract signature as proof my guilt. After all it is a written admission. Please feel free to edit my question title, there is probably a better way to formulate this question.

contract-law

Can an unacceptable / illegal condition in a contract be ignored without voiding the whole contract?

2016-10-22T10:29:42.467

2016-10-26T01:13:07.417

CC BY-SA 3.0

My wife has had a new boss a few months back. He does not understand the role his team plays in the organisation. He has tried to force (he uses the word encourage) my wife to take up work that is not in the purview of her role. He has tried to get her to take on work that other teams have to do (this is documented in the process), all under the name of improving working environment. He has tried to force (again encourage according to him) her to change her personal development goals in the company. My wife is 5 months into pregnancy and a few days back I had to take her to the A&E after she complained about severe abdominal pains. This followed an extremely stressful 2 hour long meeting with her boss. I have observed that she is stressed every time there is a meeting with her boss. What are her legal rights? She does not want to quit her job. She has absolutely no confidence in the HR. Can she talk to the doctor and get off for a few days without affecting her maternity leave?

employment

My pregnant wife is experiencing a lot of stress at work due to an incompetent manager. What are her rights?

2020-01-29T02:51:21.780

2020-01-29T08:52:05.573

CC BY-SA 4.0

Poole, Shaw-Mellors. [*Contract Law Concentrate* (4 ed 2019)](https://www.amazon.co.uk/Contract-Law-Concentrate-Jill-Pool/dp/0198840446/ref=dp_ob_title_bk). p 166. > > Distinguishing liquidated damages and penalty clauses > ===================================================== > > > This is a question of construction of the contract and public policy. Traditionally reference > has been made to the guidelines (a summary follows) laid down by Lord Dunedin in *Dunlop > Pneumatic Tyre Co. Ltd v New Garage & Motor Co. Ltd* (1915). > > > ### Lord Dunedin’s traditional guidelines > > > • Terminology used was not conclusive, e.g. Cellulose Acetate. > > • Was the clause a genuine pre-estimate of the likely loss at the time contract was > made rather than in the light of the breach? The estimate did not have to be correct, > i.e. it did not need to be the same as the actual loss as long as it was a genuine and sensible > estimate of the likely loss resulting from that breach. > > • In commercial contracts made ‘at arm’s length’ the clause was likely to have been intended > by the parties as an enforceable liquidated damages clause: *Philips Hong Kong Ltd v > AG of Hong Kong* (1993). **Account would not be taken of unlikely hypothetical breaches, > since it would be very difficult to draft a clause that would never operate in a penal way.** > The courts should uphold the parties’ agreement. > > > The boldened sentence too many negators. I rewrote it — > > Unlikely hypothetical breaches are overlooked, because it's difficult to draft clauses that never penalize/operate punitively. > > > ⇒ Unlikely hypothetical breaches are overlooked, because most clauses drafted would penalize. > > > I still don't understand. How does difficulty in drafting clauses that don't penalize, relate to overlooking unlikely hypothetical breaches?

contract-law

Why are unlikely hypothetical breaches overlooked, because most clauses operate punitively?

2020-07-24T18:11:25.417

2020-07-29T12:03:22.703

CC BY-SA 4.0

(1) I am trying to find out whether one has to file any income tax if they are an American citizen permanently living abroad but having literally no income? (2) While trying to search about this on the internet, I wondered why is there no tax bracket with 0% or nil income tax (the UK doesn't tax income upto £12,500 for example). This means that people earning below that threshold are exempt from paying tax. Is there no such Nil or 0% tax thing in the US? So many countries have this minimum threshold income where no filing of income tax is required. Even countries like India have such policy. But I can only see that in the US you have to pay 10% tax minimum no matter how less you earn. I would really appreciate if you could help me regarding those 2 questions. Thank you:)

tax-law

Income tax bracket threshold for zero tax in the US and regarding no income at all

2021-05-22T16:10:17.730

2021-05-24T17:10:11.197

CC BY-SA 4.0

Various techniques can be used to identify stalkers, malicious hackers et al. that are either gathering data for their target or use the target's digital items without consent. Canary files ------------ They are 'normal' files (e.g. PDF, word) that can be used to identify an attacker without his knowledge or consent. When the attacker copies the canary file (without permission) and opens it in his computer, he could -unknowingly- send his IP address to the victim. Google Drive ------------ A victim can upload a big file that most people wouldn't bother searching for, let alone download, yet an attacker doing research on the victim probably will. By doing so (and under certain circumstances) the following become [available](https://support.google.com/a/answer/4579696?hl=en#zippy=%2Cdata-you-can-view) to the victim: > > User action such as View, Rename, Create, Edit, Preview, Print, Update, Delete, Upload, Download, or Share a Drive file. > > > Google analytics ---------------- It can sometimes be used to gather information of would-be stalkers. E.g. if a victim creates a website and enables Google Analytics he could place a 'bait' in his webpage like his real name, assuming it's not too common. Then the attacker by searching "Jake Anderson home address" would leave traces like: * approximate age * approximate location (e.g. city) * search term used to find the site in Google This of course requires that the attacker is reckless with his privacy settings which is quite common. What limitations does the GDPR create in the use of such techniques when done with the sole purpose of identifying or getting a hint on the attacker's identity? Note that in some of the cases above the attacker has given consent to his data being used (e.g. being visible to the google drive account owner).

internet

Identifying attackers and GDPR. In which cases is it legal?

2021-09-22T19:00:33.117

2021-09-22T22:10:36.173

CC BY-SA 4.0

Let’s suppose there are two companies, company A and company B. Both companies come to an agreement: company A buys some goods from Company B and these goods must be delivered in four months. Now, before these goods are delivered, an employee of company B destroys them. Suppose I am company A. What could I do? Is this matter of property law? Or contractual law? Or both?

contract-law

Property/contract law issue

2019-09-29T15:26:12.720

2019-10-03T04:20:34.223

CC BY-SA 4.0

Say, I pay for a broadcasting service, and lets say due some circumstances I miss it. Does the original copyright (or the fact that it allowed me to watch it), allow me to source the content elsewhere? I in no way am sharing the content that was aquired elsewhere. Edit: Likely I will watch it one time and delete it afterwards. Edit: I know the alternative source is infringing copyright. But does that have any effect on me?

copyright

I pay for a service, but I miss the broadcast

2020-02-07T19:49:46.143

2020-02-07T21:17:54.970

CC BY-SA 4.0

I received a letter of intent to sign and the signature block has a line after "Accepted" as though I should put something there. > > <Legal Entity Name> > > > ACCEPTED: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ > > > BY: \_\_\_\_\_\_\_\_\_\_\_\_\_\_ > > > Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_ > > > This is new to me. After a cursory search I could not find any info or even any examples of this. What goes there?

contract-law

What do I put on an "Accepted" line?

2018-09-08T17:34:02.343

2018-09-10T05:36:52.170

CC BY-SA 4.0

[](https://i.stack.imgur.com/VRr6e.png) By opening this question, you have automatically sent some data to some random website on the internet, the website hosting the above picture. What data? This is the data that is usually sent: * Your IP * A cookie * The URL you are visiting (the URL of this question) * Your user-agent (typically including OS version, browser version, etc.) * The time when you first saw this picture (header: if-modified-since) This can definitely be personal data according to the GDPR, and in practice in most cases **it is**. > > ‘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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; > > > That data is sent somewhere automatically. Did you see any privacy policies? Did you accept anything? No, you don't know how that data will be used. Of course it could be sent to a stupid random website, that will never use it for anything. Or it could be sent to a big corporation, or to a content delivery network, or any website that is big enough to be able to track you with this data, because they have a lot of services (or just hotlinked images) around spread all over the web. Note: the data is actually sent to Imgur, which I believe would definitely be able to track you, given the huge amount of pictures on the internet that link to them. I've always seen people mainly worried about third-party assets (Google Analytics or Facebook buttons, etc.), some also began to worry about Google Fonts (that's a third-party asset too actually), but I don't think anybody ever brought up the issue of hotlinked images. That's third-party stuff. And communities like this one are basically allowing users to embed third party assets. **Who's responsible for this?** Is it the user's fault, because they should always make sure the image source complies with the GDPR? I doubt it. The website owner's fault (Stackexchange), because they should not allow hotlinking? I'd say yeah, probably. Or the third-party website's fault, for not complying with the GDPR? I'd say no, for all we know they could be based in a country that doesn't even know what the GDPR is. So my conclusion is that hotlinking should be treated like loading a third-party asset, and if the website owner cannot check the privacy policies of every hotlinked image (for example because it would be impossible in a community like this one), then unsupervised hotlinking should be disabled because the GDPR does not allow it. Am I wrong?

internet

GDPR and hotlinked images: are they allowed?

2018-01-19T11:17:42.440

2018-01-19T14:07:04.960

CC BY-SA 3.0

I am currently in the process of finalizing the technology behind a game where users are able to create "lands" of their own. * Each land is upkept and expanded by **Tokens**. * **Tokens** are bought from Real Money Store. * **Tokens** are tradeable. * Users are able to create images(terrain, characters, monsters etc...) that fit their local "land" theme and enable other players to interact there. * The land creator receives **tokens** from visitors that like the land. * **Tokens** are not changeable to real currency. My question is whether it counts as a breach of copyright if someone creates a "skyrim" or "Star wars" land and fills it with people and locations from that universe? They still need to create the art with the in-game tools, so I assume it's original artwork with names and lore based off existing IP) And a second, derived question is whether my profit (people paying other people with **tokens** that they had to have bought from me) constitutes profiting from a copyrighted IP. Obviously each land is reportable in a multitude of categories - nudity/pornographic content, IP violation, gore, violence, hate messages etc... and I assume it will take a significant amount of work to filter through those reports. I am talking to lawyers about it, but there's a whole world out there and many of You can give perspectives from different countries so that I can ask the right questions and hire the right lawyers. EDIT: EULA and TOS are of course going to be properly constructed to remove any liability I would have for user uploaded content. Are there countries where I am for exmaple still liable?

copyright

When does user generated content violate copyright?

2018-10-07T13:43:02.947

2018-10-07T16:32:16.120

CC BY-SA 4.0

* An Internet forum logs their users' IP addresses for moderation purposes (fighting abusive sockpuppetry, temporary banning a dynamic IP address range in case of a spam attack, permanently banning static IP addresses in case of persistent toxic behaviors, etc) * An abusive user request the deletion of their IP address from the logs under GDPR * This seems to be in an effort to prevent the moderators from exercising the aforementioned tools, so that the user can abuse the forum undisturbed * Do I need to comply?

internet

Can a user request the deletion of their IP address that is stored for moderation purposes?

2019-10-04T20:54:56.967

2019-10-16T09:15:33.737

CC BY-SA 4.0

Say you have company A. They are being bought by company B, are there legal ways to permit company B to buy A but not permit B to own assets that company A had originally owned? Or in selling company A to B permit wholesale pundering on B part when they buy A? If there is no place on this website for this question please let me know.

business

Is it possible to keep assets from being taken when a company is bought by another?

2018-07-07T02:51:48.173

2018-07-07T11:37:57.427

CC BY-SA 4.0

My roomate hasn't arrived yet and I haven't met him yet but a big package of water in plastic bottles has been delivered to the room for him. My metal reusable water bottle is moldy and I didn't get a chance to buy soap to wash it so I took one of my roomate's waters for myself with the intention that I would reuse it a few times and by then I would've gotten a chance to wash my metal water bottle. I feel like I might be stealing and don't want to get in trouble for it but I'm sure my roomate would consent after I meet him. Should I not do this? I saw this searching on Google and it seems like a big deal: <https://www.avvo.com/legal-answers/caught-stealing-under--10-of-merchandise-from-walm-1013930.html>

criminal-law

I'm stealing a water from my roomate

2016-09-18T09:54:56.070

2018-05-26T19:17:21.403

CC BY-SA 3.0

I have first posted this question on *Super User*. Since I tagged it with Android (as I use WhatsApp on Android) it got migrated to *Android Enthusiasts*. There one decided that it was not on-topic for that site and got closed. This question does address the technical side of uploading only a partial address book, but it mainly focuses on the legal perspective. So perhaps it is on-topic here. --- A year ago I gave into the nagging and started to use WhatsApp. With the recent update I have agree to new terms of use which contain this (italic emphasis mine): > > **Address Book.** You provide us the phone numbers of WhatsApp users and your other contacts in your mobile phone address book on a regular basis. You confirm *you are authorized to provide us such numbers* to allow us to provide our Services. > > > So in principle I would have to send a message to each and every one of my contacts in order to ask. And while I am at it, I would actually also ask for Telegram, Hangouts, Wire, Skype, Duo, Signal; perhaps just a general authorization would be the easiest. Then I get back a bunch of messages which I archive somewhere securely in care somebody sues me about it. Then I can prove that they gave me permission to upload their contact details. This is just tedious and a lot of work, but technically it can be done. What do I do about the people who do not agree? Android 6.0 on my phone does not seem to allow to give only selected contacts to WhatsApp. This means that I would have to delete the number on my phone which sounds utterly inconvenient. My contacts are stored in my Google account. Should I have asked my contacts for that already? Is there anything I can actually do about this? I think my options are the following: 1. Continue to use WhatsApp (like virtually everyone else) and ignore that I could potentially be sued by somebody who would not consent to his contact information being uploaded. As I am a German citizen living in Germany, I am not sure where I would be sued, actually. WhatsApp has no department in Germany, so the US law covers my relationship with WhatsApp. Can another German citizen sue with under US law in Germany? Can only US citizens sue me, would I have to fly to the US? All in all it seems like a non-issue in personal life. 2. Delete the WhatsApp account (if possible) and not use the service any more. In principle I would have to get rid of all the other messaging apps as well. I couldn't store my contact list in my Google account then either, right? That is also sharing the data with other people. 3. Attempt to ask every one of my 532 contacts whether it is okay to upload their phone number. Otherwise delete the phone number or the whole contact from my address book. Keep track of these numbers in a paper notebook at home (in a safe). My actual question: Is the third option actually possible? And what could happen if I stick with option one?

privacy

Ask people for WhatsApp address book consent; what to do when declined?

2016-02-05T17:01:21.607

2016-02-05T18:01:41.940

CC BY-SA 3.0

Not illegible- as far as I know, no one's signed the Voynich manuscript and been held to it- but simply incoherent, needlessly verbose, or prohibitively lengthy? I recognize that legal language uses a lot of terms of art, and that it's necessarily going to be a bit abstruse, but it seems like most terms of use are entries in some sick competition to see who can ensure as few people as possible actually read the thing.

contract-law

Is it common for contracts to be voided on the grounds that they are unreadable?

2019-08-08T13:18:58.410

2019-08-08T16:09:22.853

CC BY-SA 4.0

I am assuming (please to correct if not true) that copyright is not automatically conferred and that there is a process that must be followed. Assume the venue is the USA Videos are often used to show real-estate properties. How does one know if the video is copyrighted (or any other IP protection)? I ask because I would like to understand if altering the video (removing the realtor info and possibly other mods) for other purposes presents any problems. Any suggestions improve (narrow) the questions are appreciated.

copyright

youtube video IP

2018-07-29T08:50:45.650

2018-07-29T15:58:02.080

CC BY-SA 4.0

If I receive a letter from a legal entity such as the council, which is asking me to fill in a form and return it to them via post, shouldn't they include a pre-stamped envelop where I can send the letter back without having to pay for the postage myself? My reasoning behind it is that I don't have a choice not to respond to this letter, because if I don't, I will be penalized. This means that I am forced to do something which will cost me money.

contract

Shouldn't a legal entity such as the council, which is asking you to respond to one of their letters, include a pre-stamped envelope?

2019-01-23T01:03:22.443

2019-01-23T02:15:52.097

CC BY-SA 4.0

I'm using Oracle JDK8 for some web services and it's a bit difficult to move to OpenJdk right now. As public support for JDK8 is ending on January, 2019, is it possible continue using Oracle JDK8 without further update for commercial purposes? Or does a user need to subscribe to new model even though that user doesn't want to update?

licensing

Using older version of JDK8 after January, 2019

2019-03-27T02:28:40.010

2019-03-28T22:15:44.200

CC BY-SA 4.0

Consider this 1. An American uses a fake scan of a Canadian passport over the internet to open an offshore bank account 2. The account is never used 3. No quantifiable damages are incurred Is the American liable for criminal fraud? Also which federal agency would prosecute? The Diplomatic Service seems to only handle fraud of US passports, and only in immigration, drugs, terrorism and related crimes.

criminal-law

Does 18 U.S. Code § 1543 apply to foreign passports?

2017-08-30T18:46:57.113

2018-09-01T14:53:57.703

CC BY-SA 3.0

I am interesting if penal codes in US or UK allows a convicted person to obtain release on parole after only one third of jail time, although the person never admitted the crime nor most of the prejudice is not recovered. My question stems from a real case in Romania where an important businessman and politician [was convicted to 10 years](http://visegradplus.org/dan-voiculescu-sentenced-to-10-years-in-prison-in-the-ica-case-institute-of-food-research/) for "money laundering and prejudices to the state of 60 million Euros in the case of ICA privatization" (more details [here](http://www.fairpress.eu/blog/2014/10/09/dan-voiculescu-the-rise-and-fall-of-a-media-mogul-ten-years-prison-for-the-broker-of-governments-and-artisan-of-presidential-impeachments/)). However, he was released [only after one third of jail time](http://www.romaniajournal.ro/businessman-dan-voiculescu-serving-a-10-year-prison-sentence-released-on-parole/), in spite of never regretting what he did and also in spite of the fact that most of the prejudice is not recovered: > > “Voiculescu had no deserving behavior, but a normal one typical to any > convicted person. The defendant has not paid the prejudice in the file > and not even the judiciary expenses to the Romanian state,” the > prosecutor pointed out. > > > **Question:** does the law within US or UK allow parole so soon for a person in a similar context (no regrets, major prejudice).

criminal-law

Is it possible to be released on parole only after serving 1/3 of jail time without admitting the crime and the prejudice not being recovered?

2019-02-21T11:40:55.970

2019-02-22T15:25:53.743

CC BY-SA 4.0

I am a German citizen permanently living in Germany. Is it legal to be employed by a company located in Mauritius and work 100% remotely without ever visiting Mauritius?

contract-law

Work remotely in a EU country for a non EU company

2021-08-30T21:13:23.647

2021-08-30T21:48:23.690

CC BY-SA 4.0

How is the government taxing you on money you are yet to make nothing else than an interest free short-term loan you are forced to give them. You only get the chance at a return at the end of the year giving the government a full year to do with your money as the please. I spoke to a person that is an estate agent and told me the Government takes 20% of all his commissions and only at the end of the year he has to prove what he made to get anything back from SARS.

tax-law

How has pre-emptive taxation been defended?

2017-04-16T00:42:18.007

2017-08-09T17:54:18.363

CC BY-SA 3.0

How to tell if an image is copyrighted? For example, I want to say that my client uses a product for their hairdressing service. Can I use images of the product directly from the product website? What are some general ways to tell? And who gets sued, me or the hairdresser?

copyright

How to tell if an image is copyrighted

2020-07-17T01:15:55.150

2020-07-17T02:10:13.863

CC BY-SA 4.0

I have heard in the past that editing an image to make it significantly different than its original form will allow you to use it without worrying about copyright laws. Is this true?

copyright

Copyright Images laws

2016-01-20T04:09:49.730

2016-01-20T04:19:25.550

CC BY-SA 3.0

The only information I am able to find on this topic is under the assumption that the duplication would be in print format: Some of the most common conditions are (not all apply to every country): * **Size** - smaller or larger than original, the amount varies by country * **Color** - black & white reproductions only or the use of distinctly different colors from original * **One-side** - reproductions cannot be double-sided * **Surface Area** - only a certain percentage of the overall surface of one side of the bill may be depicted * **Orientation** - currency must be at an angle within the illustration * **Labeling** - placing the word "Specimen" or "Sample" across the illustration * **Material** - some types of reproductions can only be placed on materials that are not paper or paper-like * **Permission** - in some countries you must request permission in writing before reproducing banknotes in advertising or for educational purposes * **Creative Materials** - disposal of scans, negatives, plates, or other materials used in creating the currency reproductions I'm just looking to use elements of currency as part of a mobile website theme; there's a **very** obvious lack of the possibility of mistaking anything as counterfeit. But, I'm aware of the sensitivity of this, so I want to make sure I'm not taking any chances on getting caught up on a technicality; the prison industrial complex is booming business now. I suppose just using *portions* of a US dollar bill might be the safest route, but I just need to know what my limitations are before heading down this path. Lastly, where's a great place to find this type of information without risking a tour of Guantanamo?

copyright

Using US currency within a webpage design

2017-08-02T12:37:06.867

2018-10-30T00:15:08.507

CC BY-SA 4.0

I just read the following in [an article](https://www.theguardian.com/uk-news/2017/aug/02/three-musketeers-convicted-of-plotting-terrorist-attack) in The Guardian (emphasis mine): > > In prison they met their co-defendant Rahman, 32, one of nine men prosecuted in connection with a plan to attack the London stock exchange, **who was serving five years for owning copies of an al-Qaida magazine**. On the witness stand, Hussain said Rahman was “domineering, paranoid, weird and had a lot of contact with MI5”. > > > Is there really any law that makes it illegal to own copies of a publication? We punish thoughtcrime, these days? Is this an error in the newspaper or is there actually a law that permits people to be prosecuted (and even jailed for years!) for simply possessing a document? Please note that I am not asking about cases where the possession of the document was presented as evidence of someone's worldview when they have been caught committing a crime. I am asking if the possession of a document1 can ever be considered criminal. --- 1Obviously, I am not talking about stolen documents or even certain classes of pornography whose very existence (photographs) implies an illegal act took place.

criminal-law

Is there a law in the UK that makes possession of specific publications illegal?

2020-12-26T21:22:51.780

2020-12-28T06:07:04.473

CC BY-SA 4.0

Say you have 'Bag Watcher' that sells business management software, and another company, with the same class, is called 'Bag Overwatch' that is a computer security company. Is it legal and enforceable to register 'Bag Watcher'? This is in the U.S.

trademark

How close can names in the same classification not be in trademark law

2016-10-11T12:04:52.173

2021-02-02T21:03:09.110

CC BY-SA 3.0

I am shooting a movie in which there is a shot of a phone ringing. The ringtone is moonlight sonata by Beethoven. Can I download the music from youtube and use it in my movie? Will I be breaking any copyright issue because of that? Or should I compose my own music and put it?

copyright

I want to use Moonlight Sonata in my movie - Copyright Issues?

2020-03-18T15:20:52.403

2020-03-19T10:25:42.203

CC BY-SA 4.0

[](https://i.stack.imgur.com/RJY7J.jpg) I wanna know if this is correct or not, if someone can help please!

contract-law

I wanna know if this is correct or not, if someone can help please!

2019-05-30T23:17:58.720

2019-05-31T03:29:46.567

CC BY-SA 4.0

These A4 notices where covering every window of my car, 3 on windscreen, 2 back widow, 1 one each other, i believe a simple don't park would suffice, this was over kill, can I do anything [](https://i.stack.imgur.com/naNIb.png)

criminal-law

I believe this is too much, covering ALL of my windows

2017-09-30T11:44:59.807

2017-10-31T23:41:20.760

CC BY-SA 3.0

In the US, does a parent have any heightened duty of care to a grown child than that of an adult stranger to another adult?

civil-law

Does a parent have any heightened duty of care to a grown child?

2017-10-18T17:37:40.333

2017-10-18T18:20:21.590

CC BY-SA 3.0

If a comedian has a meltdown on stage & I Youtube that (just the meltdown, no material), can that comedian have said video pulled for copyright reasons?

copyright

Comedian takes down meltdown video

2020-09-26T22:06:38.070

2020-09-29T00:31:46.820

CC BY-SA 4.0

A scenario: I am selling online software and I provide advanced features for premium members. As far as I understand I do not ship or deliver anything physically. I also do not ask customers for their address information and can accept any payment (e.g., bitcoin). What sales tax do I charge if I do not know their county and address? Can I assume that the sale happened at my "store's" location and charge them a standard sales tax based on that?

tax-law

Destination-based sales tax collection. What if you do not know the destination's address?

2019-06-11T03:19:28.487

2019-06-11T04:44:29.213

CC BY-SA 4.0

Suppose I want to use some character from Disney for a website offering something not related with Disney business at all (for example a service for software developers). Is this OK or Disney could sue me for that? (I know this is unlikely) What could be the penalty for something like that? Is there any case where this could be legal? (maybe some derivative work, not original image from Disney, or maybe depending on my country?) EDIT: to be clear, I have read similar questions about trademarks here, but I'm asking something different (I think). The core of the question is that the characters are not important for the business, is not like selling t-shirts or toys, is just like a decoration, maybe this is not important at all for a trademark, or maybe yes, or maybe in some conditions, that's the question.

trademark

Is Legal to use characters from movies/games without license in a non related business?

2018-07-30T00:14:33.647

2018-07-30T02:45:09.070

CC BY-SA 4.0

Recently i passed by a large local mosque. The mosque property was posted "No Gun Zone" at the property boundaries. If a resident posted such signs on their property then missionaries, delivery people, etc could continue to come and knock on their door as has been common for ages. Police offixers executing warrants would obviously not need heed the signs. Similarly if police are responding to exigent circumstances. What if there is no warrant or exigent circumstances and police are doing a "knock and talk". Logically they could disarm before entering the property and do a compliant knock and talk. But i doubt they would be willing to disarm. My question is can a homeowner modify the implied lixense to come to the door to knock? If the modified license does not allow guns, is an armed police officers entry a trespass? If an armed police officer came to the door and claimed to see, hear, smell contraband not detectable off property is that admissible?

privacy

No gun zone and knock and talk

2020-04-22T09:16:03.330

2020-11-01T15:02:29.937

CC BY-SA 4.0

I'm looking for examples of cases where there have been alleged miscarriages of justice, but subsequent research/appeals have turned up more evidence of *guilt* rather than *innocence*. The only example I've found so far is that of James Hanratty, aka the A6 Murderer. Executed for murder in 1962, attracted a long running campaign to have the verdict overturned and be given posthumous pardon. Eventually a campaign by his family resulted in his body being exhumed and DNA samples being compared with those found on the victim proving guilt beyond reasonable doubt. Are there any other similar cases? UPDATE - I'm looking for those cases where new evidence was found that added a final nail to the coffin, rather than those case where new evidence exonerates the wrongfully convicted. I'm also interested in those cases that became a fashionable *cause célèbre* rather than those largely limited to family and close friends. The Hanratty case attracted a lot of celebrity interest for nearly 40 years before the family demanded an exhumation and DNA testing - which proved beyond doubt that he was guilty. (interestingly, the family are still claiming that he's innocent)

criminal-law

Alleged miscarriage of justice, later proven guilty

2015-11-02T18:29:27.130

2015-11-02T22:24:55.177

CC BY-SA 3.0

What are unalienable rights? Surely, noone actually has these rights, correct? > > We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness... > > >

criminal-law

Unalienable Rights

2022-04-14T17:06:02.350

2022-05-15T12:00:30.060

CC BY-SA 4.0

I recently had to have dental implants. My dentist explained that I would need to see a dental surgeon to have the post done but he would be doing the remainder of the procedure. The same day my dentist told me this,I sat with his billing manager and asked how much MY responsibility for THEIR portion of the procedure would be. She gave me an unsigned estimate of $1850.00, taking into account that the cap on my insurance had already been met. I also called the surgeons office and received an estimate on their charges. Upon having the post completed, the bill from the surgeon was exactly what I was quoted. I then saw my dentist for him to complete the implants. Upon completion I received his bill and it was for $4300, OVER DOUBLE the estimate. His office said the difference was because the estimate was for 2 post and 3 were done. At NO time was I informed that there were 3 done OR the dramatic increase in cost. I paid $3000 of the final bill, what are my options regarding such a surprise increase of the bill?

contract-law

Unexpected additional dental bill over double of estimate I received

2021-11-14T18:47:00.497

2021-11-14T23:31:59.673

CC BY-SA 4.0

Let's say I work as an employee at a company, and have a contract that states I must give a minimum of 1 month's notice in writing to resign. In trying to be fair to my employer, and to give them additional time to hire a replacement, I give them 2 months notice in writing. My employer then immediately terminates my employment with 1 months notice (which is the minimum required by the contract). Was my resignation a legal reason for the employer to dismiss me?

employment

Is it legal to dismiss an employee for resigning?

2020-04-29T07:08:14.370

2020-04-29T07:43:38.400

CC BY-SA 4.0

There was a strategy game where I and my friends played for several years. The original developers closed the game 3 years ago. We have asked them to open the source code when they did it but they did not reply. Their firm is liquidated now. One of their previous domain names will expire in the next year. We have web archives, so we can recreate the game. It will be open source if we do it. Can we reuse images from the archives after a time or not in this case?

internet

Reuse images from web archives

2020-10-16T01:21:26.457

2021-04-21T22:58:23.883

CC BY-SA 4.0

Suppose I make a video game which uses assets from another game. The assets are however not included, but rather obtained by loading them from the other game's install folder (the player needs to have bought and installed the other game too). My game is a fan-made sequel to the old game, which was discontinued. No assets or code from the original game are included in mine. Can this still be considered copyright infringement?

copyright

Is loading assets from another game's install folder copyright infringement?

2017-02-07T20:04:26.370

2017-02-10T00:32:43.263

CC BY-SA 3.0

Follow on to [At what point and how should I change the license/Copyright notice when I create a derivative?](https://law.stackexchange.com/questions/1121/at-what-point-and-how-should-i-change-the-license-copyright-notice-when-i-create). When an author revises and publishes an updated version of her/his previously published work, does the revised edition count as a new (derived) work for purposes of establishing the Copyright date? For example: First edition: "Copyright 2010, John Q Author" Second edition: "Copyright 2017, John Q Author" I understand that the Copyright of the original would not be extended, but would the revised edition have its own, or would it also expire when the original edition expires?

copyright

Changing Copyright date notice for a revised edition

2015-09-16T21:47:28.867

2015-09-17T11:15:00.710

CC BY-SA 3.0

After years of complaining about the lack of care the landlord had for the property I was renting from them I finally got served an eviction notice. I moved out, and 2 weeks later because of terms in the tenancy agreement I was still renting the property but there was a water leak from a bathroom pipe. I was issued a demand for £4,500 worth of damage to the property which would partially be covered by the deposit which i refused to pay. I went to my insurance company who told me that they would sort everything out until the landlord claimed that I had deliberately damaged the pipe in the bathroom. At this point the Insurance company offered me only advice but would not handle the case. I raised a dispute with the tenancy deposit scheme in order to recover my deposit giving lots of evidence showing that I had continuously complained about the bathroom the whole of of the time I had been living there, at one point the landlord sent their brother in law to fit a whole new bathroom (poorly I might add) and yet all of this was shot down by the adjudicator with the reason being ... The landlords report states that I damaged the pipe so due to "the balance of probabilities" I was in breach of my tenancy agreement and my full deposit has been awarded to the landlord to cover renovation costs. I am also aware the landlord intends to sue me for the rest of the cost I refused to pay outside of the adjudication process. My understanding (which may be wrong) ... In a civil case the law seems to state that if I am "probably at fault" (in this case, I had a set of keys which appears to be enough to implicate me) then I likely am liable. In a Criminal case it would have to be certain that I did indeed cause the damage and proof to that nature would need to be provided in order for me to be deemed liable. So, my question is ... Given that the landlord claims I "criminally damaged" their property but never provided a single shred of evidence to back this up what can I do to fight this with no help from my insurer? ... or ... Is there some way I can force this in to a criminal court or in the event that this can't be forced that way perhaps force my insurer to step in and help?

liability

Disputing Tenancy Deposit Scheme Adjudication Decisions

2017-02-24T17:39:44.103

2017-02-24T18:55:45.127

CC BY-SA 3.0

[This article](http://www.mbbp.com/news/generic-trademark) (and my knowledge about trademarks) says Generic Names can't be trademarked. So my question is about the genericity of a name and the probability of getting it trademarked. I own a generic domain name with `.com` since 2010 but lately found that another person is using the `.co.uk` tld of the same domain since 2016 for a website and doing business. I am planning to develop on my domain. The domain name looks something like `freecupcakes.com` (just symbolic but not about cupcakes) and another party use the domain `freecupcakes.co.uk`. my observations about the other person's business are. 1. They are using it since 2016 2. They don't have trademark registerd but a company with the same name in UK So my questions are,. 1. Can I use proceed building the business with my domain which I own from 2010? 2. Can I register a company with the same name in another location not in UK/Europe? 3. Can this type of name be ever trademarked? 4. Can the other person using the same business name ever trademark this name?

trademark

Can I get a generic name trademarked?

2019-11-22T05:55:56.567

2019-11-22T11:51:28.100

CC BY-SA 4.0

My question is about video recordings. Who owns the right to a video recording? Is it the person recording or the person being recorded?

copyright

who owns the copyright to someone giving a speech

2021-08-10T21:55:36.040

2021-08-10T22:01:37.783

CC BY-SA 4.0

Can a non-profit organization use a patent without paying a licensing fee if it makes no money on its own invention? Let's assume that the company designs a chip based on the x86 architecture and then makes the design open-source. Will the non-profit company have to pay Intel for using the x86 architecture or not? Assume that this is in the United States.

intellectual-property

Can a non-profit organization use a patent without paying a licensing fee if it makes no money on its own invention?

2021-04-03T21:45:42.480

2021-04-16T09:00:50.230

CC BY-SA 4.0

If you're planning the watch the movie [Honest Thief (2020)](https://www.imdb.com/title/tt1838556/): **Spoilers ahead!** The protagonist of the movie above is a thief who "robbed 12 banks in 7 [US] states" for "a little over 9 million dollars cash" during a period of "about 8 years" and wants to make a deal with the FBI: > > He is gonna "hand over all the money... in exchange for a reduced sentence, no more than 2 years in minimum security, within an hour of Boston, with full visitation rights." > > > Could such a deal be legally possible? **Further notes:** The thief "never spent one dime" of the stolen money, and killed "no one."

criminal-law

Could the "Honest Thief"-deal be legally possible?

2021-04-25T05:17:20.603

2021-04-25T05:17:20.603

CC BY-SA 4.0

My wife has recently started working as a floater pharmacist at one red-colored pharmacy chain in California. Just a side note, while my wife has worked there, she personally vaccinated more than 1000 people with Covid vaccines. Her schedule is unpredictable and when the scheduler sends out a schedule for an upcoming month, my wife's schedule shows less hours in certain weeks than the amount that constitutes a full-time position (32 hours constitutes a full-time job, according to the policy of that pharmacy chain). It has been indicated to her in work emails that she is expected to accept a last minute on-call shifts and she shall not have personal plans for days where she does not have scheduled in advance shifts, in case if she is needed to cover for someone else. It has also been alluded to her that if she were to refuse an on-call shift, she could potentially face certain consequences, including not being assigned to a single pharmacy with a more predictable schedule or a demotion to a part-time position. I would like to know what rights my wife has as an employee of that company. The practices of her employer do seem very coercive to me. They expect their employees to have the "suck it up, soldier" attitude, without any regard for them as human beings.

employment

What are the existing regulations and laws about on-call shifts in retail industry in California?

2021-10-05T16:20:58.787

2021-10-06T23:16:00.827

CC BY-SA 4.0

Does the High Court of Justice of England and Wales (Queen's Bench Division) ever exercise original criminal jurisdiction in serious cases (eg, a terrorism trial) in modern times? Has it ever exercised such jurisdiction since its creation by the Judicature Acts? **Please note I am asking about the High Court , not High Court judges—I am aware that High Court judges do sit in serious criminal cases in the Crown Court**

criminal-law

Does the High Court ever exercise original criminal jurisdiction?

2021-01-20T11:10:35.683

2021-01-20T11:22:34.317

CC BY-SA 4.0

I'm a freelance programmer from Belgium and I have developed an application for an American client. We agreed on 800USD for the completed project. I finished the application and met all his requirements. We only had a verbal agreement about the project and we discussed payment dates for the project. I received 4 200USD payments over the course of two months, after which I sent him the completed product. After I sent him the finished product everything seemed good. However after some days he said that it was unusable because switching between pages was "too slow". He demanded a refund because he said that he was unable to use it. In my opinion it was fine and I didn't see what was wrong with it. Now he's threatening me with 'legal action' if I don't refund him the full amount, but legally speaking what can he actually do. Can he even sue me, since I'm 17 and live in a different country? And is it likely that he would be successful, since we never made any form of contract? Any help is very appreciated, thanks!

civil-law

Client demanding refund

2016-05-20T06:44:32.640

2016-05-26T14:55:27.667

CC BY-SA 3.0

Lot of companies in the world use Java including the company I work for. AFAIK there is no licensing deal and we use most of the Java packages for which Oracle sued Google. So can Oracle sue any company which is using Java and making profit? If not, then why only Google is being targeted?

licensing

Oracle vs Google: Can Oracle sue any company who is using Java and making profit?

2016-03-07T00:55:53.517

2016-03-07T01:23:11.770

CC BY-SA 3.0

I'm just curious if there's ever been any case law on the kind of writs a court can write in reference to the 13th amendment? As a layperson, it sure seems to me that ordering a company to develop a new piece of code (As opposed to merely handing over existing data), seems to fit my understanding of the term "involuntary servitude".

constitutional-law

All Writs Act (Apple case) vs the 13th amendment?

2016-05-16T22:20:10.187

2019-01-30T08:21:34.010

CC BY-SA 3.0

How can I lay a criminal complaint before the governmental prosecutor according to § 158 (Strafanzeige; Strafantrag) StPO? Need I follow a particular format? where do I send it? Can I submit an anonymous complaint, and if so does the prosecutor take those seriously? I read the following tweet from Henry B. Poquelin\*: "Fakt bleibt, man muss Positionen und Personal der Rechtspopulisten attackieren,weil sie gestrig,intolerant, rechtsaußen und gefährlich sind!" I hate AfD and its politics, but still I don't like the call for criminal violence against people and property. I thought of a prosecution based on §111 and §130 StGB. Well, I will certainly not prosecute him, but I still would like to write a correct letter to the government lawyers and knowing how to send it anonymously to them. \*I'm using a pseudonym here to avoid listing the name of the famous SPD politician. I don't want to start a witch hunt on him.

criminal-law

How do I file a criminal complaint in Germany?