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11
votes
1answer
7k 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
1k 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
501 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? ...
40
votes
4answers
14k 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 ...
74
votes
4answers
14k 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 ...
5
votes
1answer
1k 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 ...
17
votes
4answers
5k 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 ...
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 ...
9
votes
1answer
488 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 ...
3
votes
3answers
524 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,...
10
votes
7answers
178k 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
3k 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 ...
12
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 ...
4
votes
1answer
544 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 ...
23
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 ...
11
votes
4answers
3k 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 http://youtube-mp3.org/, one ...
1
vote
1answer
512 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
607 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
20k 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- ...
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....
33
votes
5answers
15k 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 ...
16
votes
1answer
27k 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 ...
13
votes
2answers
96k 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 ...
11
votes
3answers
1k 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 ...
7
votes
3answers
508 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 ...
8
votes
2answers
3k 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
2k 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 ...
5
votes
2answers
19k 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 ...
4
votes
1answer
153 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 ...
2
votes
2answers
388 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). ...
1
vote
2answers
808 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 ...
21
votes
5answers
8k views

Can I booby-trap my property against police?

Inspired by this question: Suppose I'm paranoid (perhaps justifiably) that law enforcemen might conduct a warranted raid of my property. So I setup booby-traps that are designed to either: A. ...
41
votes
2answers
37k 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
6k 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 ...
20
votes
3answers
80k 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 ...
6
votes
1answer
380 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 ...
16
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 ...
49
votes
3answers
13k 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 ...
15
votes
4answers
2k views

Which jurisdiction applies to copyright violations on the internet?

A person residing in country A takes a work by an artist in country B and puts it onto a website they own but which is hosted in country C which is intended for an audience of people in country D. ...
12
votes
4answers
642 views

What is the legal mechanism by which the GDPR might apply to a business with no presence in the EU?

My family has a small side business selling some things through the internet. As far as I know, we aren't likely to have any customers who are EU citizens, but it's certainly not outside the realm of ...
10
votes
5answers
922 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 ...
24
votes
1answer
3k views

Does the US Fifth Amendment only apply to criminal trials? Do any laws protect a person in civil court when testimony would implicate them in a crime?

Suppose someone is accused of burglary. This person is asked to appear in civil court regarding an unrelated event that occurred at the same time as the burglary but in a different location. If the ...
11
votes
2answers
2k views

Can president of the united states pardon himself if convicted of treason or some other wrong doing

I wanted to know whether the POTUS could pardon himself if he/she is criminally charged with treason or some other wrong doing.
6
votes
2answers
376 views

Where can I find a comprehensive document of computer laws?

I am interested in computers and want to pursue this interest further by getting my education in programming and security. I've only just started so I'm scared that I might break some law that was not ...
3
votes
3answers
156 views

According to GDPR, do I need a contract for processing on behalf with my e-mail provider?

It seems already sufficiently established that a contract for processing on behalf according to GDPR Art. 28 is necessary with one's web hoster. Now, I am wondering whether the same is true for the e-...
3
votes
1answer
128 views

Are there any laws on copyrighted material, preventing them from being translated?

I am an aspiring translator and hoping to go to university within the next two years. Part of going to university tends to include work experience in the section you wish to work in. Due to my ...
11
votes
2answers
1k views

What exactly are an officer's requirements in order to demand ID in the US (New York)?

I watched a YouTube video recently which depicted the following situation, and I'd like to learn more about what peoples' rights are and what an officer's obligations are in a situation like this: A ...
10
votes
5answers
7k views

Can a store detective search my bag without my consent?

If I am approached by a store detective and accused of stealing something can they search my bag without my consent? Or putting this another way, can I insist that any search be done by the police and ...
9
votes
8answers
18k views

What does a lawyer do if they know for absolute certain that their client is guilty?

Say that a person is accused of committing a crime, they either hire a lawyer or have one appointed to them. Some time later, the lawyer learns that their client most certainly committed the crime. ...
9
votes
2answers
121k views

To what extent is suicide legal in the U.S. and in individual states?

At one point, legal scholars referred to suicide as a form of self-murder (for example, see Coke or Hale). Are those who take their own lives guilty of some crime, or have some forms of the act been ...

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