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14
votes
1answer
8k views

What is a contract and what is required for them to be valid?

What is a contract? What elements are required for validity?
13
votes
1answer
2k views

In the US, when is fair use a defense to copyright infringement?

What is fair use in the US? When would it be a successful defense to copyright infringement?
5
votes
1answer
1k views

Is this copyright infringement? Is it fair use? What if I don't make any money off it?

If someone were hypothetically working on a project that required them to incorporate copies of a copyrighted work (music, movies, books, etc.), how would they know if it would be considered fair use? ...
5
votes
3answers
707 views

Can the Developer of a Program be penalized if it is used illegally?

If a developer writes a program, for example a password cracker or a code decipher, and it is used illegally, will the developer or the user get punished? A password cracker could be used, for example,...
40
votes
4answers
16k views

What are the legal repercussions of taking a stranger's picture in public?

With Snapchat and Instagram it is all too easy to abuse picture taking and really inexpensive to snap a photo of an unknowing stranger. If you are in public and will only post pictures online without ...
7
votes
2answers
3k views

What is considered “public” in the context of taking videos or audio recordings?

According to the answers in this question it's legal to photograph someone in public without their consent. I'm assuming the answers still hold true for video or audio recording (such as what can be ...
74
votes
4answers
20k views

How can you tell if you have to follow a police officer's instructions?

If a police officer gives me an order, how can I tell whether or not I'm legally obligated to follow that order? If I ask the officer, is he/she required by law to answer truthfully? If the police ...
18
votes
4answers
6k views

Can a US citizen be required to provide the authentication key for encrypted data on a confiscated computer?

I'm asking this for the sake of a story I was considering writing. Assume that someone has a computer, and within that computer he has some encrypted data. He is accused of a crime and the police ...
9
votes
1answer
533 views

How do laws affect photography of non-humans in public when people may be in the frame?

Given that this is taking place in a public area where one would not have an expectation of privacy, what legal restrictions exist on photography of people where they are not the subject of the ...
11
votes
7answers
204k views

Do you need a driver's license to travel in the U.S.?

In the U.S., the law that governs motor vehicles is the National Traffic and Motor Vehicle Safety Act. But according to the Constitution; Freedom of movement under United States law is governed ...
12
votes
1answer
7k views

Can I defend myself from excessive police force?

Hypothetical situation: Say the police are chasing me. I get tackled after which I go limp and stop resisting. Subsequently the officer starts throwing elbows to my face. I'm not sure why he's ...
14
votes
2answers
2k views

Can you be accused of hotlinking/copyright violation if you use an iframe?

Can you be accused of hotlinking or copyright infringement if you use an iframe (web element) of another website? Can you be sued for this if the website doesn't prevent iframe using and doesn't ...
12
votes
3answers
7k views

Facebook vs GDPR - Private Messages I sent to others will never be deleted/erased from Facebook servers

I asked this question to Facebook: I would like to know how can I permanently delete private messages from both sides of the conversation. For example, conversations I had in the past with ...
24
votes
4answers
30k views

If someone steals something of mine, is it legal to steal it back?

Let's say someone steals my phone. I use tracking tools to figure out where it is, then call it to make it ring (so I know it is my phone and not just someone else's with the same model). If I take ...
5
votes
3answers
16k views

Is creating and selling “cheats” or “hacks” for games illegal?

I sell game hacks for a living, but wanted to learn more about the laws regarding what I do. Most of you probably haven't heard of this, but there are people like me who reverse engineer games, and ...
5
votes
1answer
2k views

Can a store sell merchandise I've left in the store?

If I purchase merchandise in a physical store, and then (accidentally or not) leave the merchandise at the store after I've paid for it, is the store allowed to resell that merchandise to another ...
4
votes
1answer
596 views

Is it legal to post a photograph that I captured of a stranger in the street?

I captured a photograph in the street. The photograph includes people who I don't know. There is nothing in the photograph that I believe can offend anybody (e.g. no nude or illegal act). I just ...
4
votes
2answers
587 views

Are terms of service legal contracts?

Are ToS considered contracts in and of themselves, enforceable under contract/civil law? Generally I'm talking about the Common Law systems in the major regions (UK, North America and Oceania). ...
27
votes
3answers
107k views

Is it illegal to throw away the previous tenant's mail?

Say I move into an apartment. And over the next months and years, I keep receiving mail for the previous tenant, whom I do not know. This is understandably annoying. The easiest and most convenient ...
24
votes
2answers
2k views

Are there any remedies for abusive or insulting behavior by agents executing a search warrant?

Suppose I am a particular person who maintains a clean and orderly residence. I have a sign inside my front door asking visitors to put booties over their shoes before entry. Now some LEOs show up ...
12
votes
4answers
4k views

Why are there so many youtube to mp4 and mp3 download websites online when it is illegal?

If it is illegal to download videos and audios from youtube due to copyright reasons, why are there so many youtube to mp4 and mp3 download websites online? For example https://freevideotomp3.com//, ...
6
votes
1answer
1k views

GDPR Compliance: Do all Cookies require Opt-In?

Given a Web Site which uses cookies for the following: User Preferences Bookmarked Articles Cookie Preferences what explicit permissions would be required from the user? Here I anticipate the ...
11
votes
5answers
1k views

Does a boilerplate “This email is private” message have any legal force?

I get quite a few email messages with text like: IMPORTANT WARNING: This email (and any attachments) is only intended for the use of the person or entity to which it is addressed, and may contain ...
34
votes
5answers
17k views

Is the banning of large events in the USA constitutional?

Recently several US cities banned large gatherings of events such as listed here. Given that the 1st amendment of the US constitution states Congress shall make no law respecting an establishment ...
1
vote
1answer
697 views

Would what happened in South Park (human centipede) be legal?

There's an episode of South Park where buried in the terms and agreement of iTunes, you agreed that Apple could forcibly make you into a human centipede. See: In the real world could this happen? ...
13
votes
2answers
652 views

How exactly does civil asset forfeiture work in the United States?

Civil asset forfeiture is a concept that frequently crops up in the news, e.g. the recent Washington Post article "Drug cops took a college kid’s savings and now 13 police departments want a cut". ...
48
votes
9answers
25k views

How is it possible for millions to use pirated software at home and never get arrested?

It's not like talking about using weeds that you tell your friends about but you don't go in public shouting about it. Instead people go to online forums sometimes posting with their real names- ...
25
votes
7answers
10k views

Can I booby-trap my property against police?

Inspired by this question: Suppose I'm paranoid (perhaps justifiably) that law enforcement personnel might conduct a warranted raid of my property. So I setup booby-traps that are designed to either: ...
20
votes
2answers
2k views

If other party notified me that phone conversation is being recorded, do I need to tell them if I am also recording it?

When I call, for example, AT&T or any other company, then before they pick up the phone they sometimes give me a notice that the phone conversation could be recorded for training or other purposes....
17
votes
4answers
4k views

Can someone more wealthy than me bury me in legal fees?

USA Federal Law - I have a company worth about $6m. I got on the bad side of a person with a company worth well over $750m (with attorneys on staff). The CEO threatened to bury me in an endless sea ...
52
votes
3answers
15k views

What is the meaning of “and subject to the jurisdiction thereof” in the 14th amendment?

In the fourteenth amendment, what does the phrase “and subject to the jurisdiction thereof” contribute? What people born in the United States would not have been subject to the jurisdiction of the ...
32
votes
5answers
16k views

Am I allowed to kill a person threatening me? CA, USA

You are riding a public transit train and out of nowhere a man with blue jeans takes out a P99 semiautomatic pistol and takes the passengers hostage. Luckily you have a knife on you. But you don't ...
15
votes
1answer
31k views

When can an NDA be legally broken?

This question is purely theoretical, I promise. Let's say a person signed a Non-Disclosure agreement under certain terms, and then, somehow, they witnessed an illegal act but were forbidden to report ...
14
votes
2answers
107k views

UK: Is it legal to secretly audio record a meeting or a phone call? Is it possible to use such recording in court?

In the United Kingdom: Is it legal to secretly audio record a meeting (in an office) or a phone call while being a participant? Is it possible to use such recording as an evidence in court or ...
7
votes
3answers
772 views

Is it possible for a publicly accessible, personal blog to make use of the personal use exception of the GDPR?

The GDPR Article 2 defines the material scope the regulation. Article 2 (2)c states that this regulation does not apply to the processing of personal data: by a natural person in the course of a ...
22
votes
3answers
10k views

Am I legally able to use lethal force against a police officer in defense of another?

Hypothetically, let's say I come across a police officer about to discharge his firearm at a person laying face down on the ground, hands in my clear view, clearly (to me) unarmed and apparently ...
9
votes
3answers
2k views

Is it infringement to give a link to a copyrighted file?

Does posting a link to a copyrighted file, such that accessing the linked file would constitute infringement, but where the file itself is not on my servers, constitute any sort of crime or ...
11
votes
3answers
2k views

Is a randomly-generated book a violation of copyright?

Let's say I create a computer program that randomly chooses words and records them. Now, this generator spits out an exact word-for-word copy of a non-public-domain book. If I publish this (without ...
8
votes
1answer
24k views

Getting the neighbor kids off my lawn?

We've had 4 sets of neighbors kids grow up around us with no issue. Nice kids, nice parents, etc. The latest family has two young boys who like to camp out on my lawn and in my garden. I'm aware of ...
8
votes
2answers
4k views

Is it necessary to state in a contract that if one part is found unenforceable, the rest still is?

I've seen in some contracts clauses stating something like If a term or condition is found to be unenforceable, the rest of the contract still remains in affect. Is this necessary? Unless ...
5
votes
1answer
6k views

Guidelines to claim right to use physical force as self defense?

I was wondering what constitutes a provocation to which it is justifiable to use force as self defense. For example, if someone came a slapped you on the face but did not proceed hitting you (at which ...
4
votes
1answer
333 views

Is OCRed text automatically copyright?

If someone puts out an OCR of a scan of a Public Domain work, is that OCR under copyright? On one hand, one may consider that "creative work", on the other hand, the "creative work" (the resultant ...
1
vote
2answers
1k views

How different does something have to be so it doesn't infringe on a copyright?

I'm an engineer and I wanted to make a toy for my 3 year old daughter for Christmas. She loves Little Einsteins but since that was 12 years ago, they don't really make many of the toys anymore. Any ...
0
votes
1answer
141 views

Can judges impute income in debt cases?

I have a money judgment against a stripper for a few thousand dollars. All her income is in cash and she reports nothing on her 1099. Can I ask the judge to impute her 10-20k monthly that she ...
61
votes
7answers
69k views

What power do I have as a driver if my interstate route is blocked by a protest?

I recently read about protests blocking an interstate. I feel like ethically no one no (non-police) citizen has the right to obstruct my travel (on a public interstate for the sake of protest), ...
20
votes
2answers
12k views

How to satisfy GDPR's consent requirement for IP logging?

Countless websites are served by webserver software (Apache, nginx, etc.) which logs the source IP address of every web page visit. The GDPR considers an IP address "personal data" that is subject to ...
7
votes
1answer
1k views

Is it really possible to use Google Analytics without consent, and if so, why exactly?

I'm asking about the GDPR and the European Union. Lots of websites claim that it is possible to use Google Analytics without asking for the user's consent. Even some answers here suggest that it is ...
42
votes
2answers
44k views

Can I sue a restaurant for serving me meat in vegetarian dish?

I am a vegetarian for religious reasons. I was at Chipotle on Saturday and ordered a sofritas rice bowl which is "vegan approved". To my surprise, I found a chunk of chicken in my bowl when I was ...
33
votes
1answer
7k views

USA: Is “I am not a lawyer” disclaimer generally necessary?

Is it legally necessary to disclaim "I am not a lawyer" when engaging in casual conversation, writing Internet posts, etc. to avoid civil or criminal liability for one's comments? Specifically, in ...
7
votes
2answers
858 views

How can I legally protect my website from users who upload copyrighted material?

I have a small website that hosts content in the form of text from registered users. The content can be described more specifically as short novels, essays and other personal work. How do I protect ...

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