All Questions
2,825
questions
10
votes
4
answers
3k
views
At what point does something become theft?
Let's say Bob enters a store and he only needs to pick up a few small items. The store provides shopping carts but he doesn't use one. He grabs the small items he needs and to transport them to the ...
10
votes
3
answers
597
views
What kind of a legal action a man needs to take prior to having sex with a woman in order to make sure she can't accuse him of rape?
A marriage contract? I have been told the wife can claim that her husband has raped her.
A signed document stating that she is having sex willingly? I have been told she can claim later that she ...
9
votes
2
answers
845
views
Are GDPR-Walls legal?
Quite a few websites started showing european visitors "You cannot use this site because of GDPR", probably based on GeoIP information.
I see two possible legal problems:
GDPR forbids coupling of ...
9
votes
2
answers
3k
views
Is self-defense allowed when there are objectively reasonable grounds but it is actually done subjectively for improper reasons?
Suppose that someone uses deadly self-defense in circumstances when it would have been objectively reasonable to do so (e.g., someone has a gun pointed at you and has threatened to shoot). But, the ...
9
votes
1
answer
998
views
Do people generally have the right not to be photographed on private property?
Assume that I and other people are patrons on private property, and that the owner/occupier of the property does not object to my activities.
If I wish to take photographs of something on the ...
9
votes
5
answers
6k
views
Could the Senate abolish the Supreme Court?
As a follow up from this question, suppose the Senate got tired of the "pesky" Court overturning its laws. Or, suppose that additional elections produced Senate majorities of a different party than ...
9
votes
2
answers
1k
views
Can I get my answers deleted from Stack Exchange?
According to a moderator statement in meta that I read, Stack Exchange claims a "license" on the answers and questions which a user has posted.
From a copyright standpoint can a claim be made or a ...
9
votes
2
answers
7k
views
If two individuals who are too drunk to give consent have sex are both guilty of rape?
Hypothetically let's say that two individuals are heavily drunk, to the point that their ability to give consent is questionable. They have sex, both of them either don't remember the details of the ...
8
votes
2
answers
5k
views
Can you copyright data?
I was reading this link and it says at the bottom that:
The panel data are copyrighted by the Initiative on Global Markets and are being analyzed for an article to appear in a leading peer-reviewed ...
8
votes
3
answers
8k
views
How must undercover police officers identify themselves?
This question (and this one written in parallel) comes out of discussion on a more specific question with details about a particular situation, which was apparently too specific for this site.
When ...
7
votes
2
answers
858
views
Can defendants switcheroo whenever they want?
Here is a 1994 article describing an Illinois criminal trial where defense counsel pulled the old switcheroo and sat a different person with him at the defense table instead of the defendant. The ...
7
votes
1
answer
292
views
Is something including an unmodified work considered a derivative work?
Let's say I want to publish a book which contains an extract of a Wikipedia article. I don't want to modify the extract in any way, I just want to copy it into my book.
Wikipedia text seems to be ...
7
votes
1
answer
5k
views
Do I need to include the full text of the MIT license in the UI of my app?
We're using an open-source software library which is distributed under the MIT license. The key line of the license is as follows:
The above copyright notice and this permission notice shall be ...
7
votes
3
answers
2k
views
Bypassing website's paywall by modifying HTTP request headers
Recently I see some debates about bypassing paywalls by modifying browser's HTTP request as stated on ghack.
Most paywalled websites allow users to read a certain number of free articles before ...
6
votes
2
answers
5k
views
If a retailer sends you something you didn't order, can you keep it?
This Consumerist article discussing a Wal-Mart shipping mishap involving a customer receiving extra iPods argues that the FTC ruling regarding unsolicited goods means that you can keep good as a ...
6
votes
3
answers
21k
views
Have wives ever been legally a man's property in the US?
I'm studying A Level English literature at the moment and we are reading The Great Gatsby. I have a teacher who alluded that during the time the text was written, 1925, wives were considered to be a ...
6
votes
2
answers
17k
views
Under what circumstances can the police detain you?
after watching the video about the recent fiasco in Mckinney Texas I was curious about whether any of the teens that the officer pulled over had the legal right to just walk away.
Under what ...
6
votes
2
answers
9k
views
Is it legal to "shoot down" a drone on your property in the US?
18 U.S.C 32 states
... to include destruction of any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated or employed in interstate, overseas, or ...
6
votes
1
answer
865
views
Why do municipalities keep laws on the books that are invalid?
Why do some municipalities keep laws on the books that are not valid?
For example, what if municipal law violates state law (for example, due to the state law having preemption) -- is it up to the ...
6
votes
1
answer
209
views
Is it legal to republish lyrics?
Can a lyrics web site be legal, assuming there are no special agreements with the artists?
Is publishing song lyrics considered "fair use?"
6
votes
4
answers
3k
views
GDPR - Is consent really necessary for contact form?
I am looking for an answer that is supported by the GDPR, so please try to quote GDPR parts as you answer.
The internet is on fire (developers especially) now that the GDPR is on strength. There are ...
6
votes
1
answer
143
views
How prominent must terms of service be?
How easy must it be to find a website's terms of service? I assume that if it's very difficult to find, then users couldn't be reasonably expected to know the terms of service. Are there any ...
6
votes
1
answer
181
views
If no licence is distributed with an application/source code, what license applies by default if any?
If no license is distributed with an application/source code, what license applies by default if any from a legal standpoint?
Edit:
If bob makes source code. And bob has never placed any license in ...
6
votes
1
answer
5k
views
Is it legal to work without pay - Canada?
I have heard it can be illegal to work without pay. Under what circumstances is this true? I could see why it would be illegal for certain things (like a police officer not getting paid), but what ...
6
votes
3
answers
1k
views
Is it legal to carry any kind of weapon in the UK?
Concealed or otherwise is it legal for a private citizen to carry any kind of weapon for self defence purposes in the UK?
5
votes
1
answer
2k
views
Is it legal for a stock broker to restrict trading on a specific stock?
Brokers like Robinhood are restricting purchases of GameStop stock driving the price down. Is this market manipulation and against the law? Or does the SEC permit this? You can find an article talking ...
5
votes
1
answer
543
views
Can I legally update, republish and sell an old electronic game?
I played a game back in 1999 from Westwood Studios that really impacted me, and I want to remake it with modern graphics. Westwood Studios has since been acquired by Electronic Arts and I would like ...
5
votes
1
answer
3k
views
Confiscation of cellphones in public schools
School started today. I'm just reading the code of conduct about cell phone usage. It states that on first violation of the policy the device will be confiscated and held until a parent (me) comes to ...
5
votes
2
answers
816
views
"Right of access by the data subject" if the IP address is the only personal data
IP addresses are "personal data" according to the GDPR. When saving IP addresses in web server access logs, data subjects have the right to get the log entries for the IP addresses they used (article ...
5
votes
1
answer
252
views
In which jurisdictions outside the EU can the GDPR be enforced?
The GDPR is a law the EU passed requiring businesses, even foreign businesses, to protect the privacy of EU citizens.
Now of course, the EU's jurisdiction is not global, but the EU does have treaties ...
5
votes
1
answer
393
views
Is a work copyrighted on fixation or publication? What's the difference? How is it proved?
This is in part a followup to this comment in which a user wrote:
“fixation” broadly depends on publication. How else d’you think fixation is established?
In a later comment the same user wrote:
In ...
5
votes
1
answer
5k
views
Is there a recourse against UPS for not delivering packages on time?
I have a "new" address and ZIP code that appears to confuse UPS and consistently causes them to delay delivery of packages to me.
I've tried filing complaints with UPS itself, but to no avail: I ...
5
votes
5
answers
568
views
Can the US Senate disqualify a former President?
In summary, the answer to "Can a US President, after impeachment and removal, be re-elected or re-appointed?" was "Yes, unless the Senate votes by simple majority to add the penalty of ...
4
votes
1
answer
324
views
How do i refer to a trademark I don't own without infringing on it?
Say, for example, I have created a product which is compatible with a specific existing technology. Like an Apple iPhone case.
I would like to tell the user that my new case can be used with their ...
4
votes
1
answer
394
views
Can Clinton be pardoned without being charged or convicted?
Is it possible for someone to be pardoned if they haven't been convicted or even charged with a crime?
4
votes
3
answers
2k
views
How do I "prove" I am not a Massachusetts resident for state tax purposes?
I am in the process of moving out of Massachusetts. According to my reading of the Massachusetts's DOR's "guidance," I have to "prove" I am not domiciled in Massachusetts if I want to not be taxed by ...
4
votes
2
answers
653
views
Am I legally responsible for being a developer of a code, if my customer uses it illegally?
I am from an Europe country, I work online and get orders on freelancer websites.
Few months ago, I had a customer hiring me to do some Bitcoin-related coding, I'm one of their developers for 6-7 ...
4
votes
4
answers
4k
views
What law makes watching pirated movies illegal?
I understand that distribution of copyrighted content is illegal, but have always thought that receiving that content was legal. However, I recently read a news article stating that people streaming ...
4
votes
1
answer
505
views
Model release for image without faces
I am an amateur photographer [Edit: Working in Washington state, in the US] and I am looking into selling my work. One of my favorite photos contains two people I don't know, and I'm concerned about ...
4
votes
1
answer
11k
views
Defendant compensation after not guilty verdict
My friend is currently a defendant in a criminal case. In my opinion, based on what I know about the case, it's likely the verdict will be 'Not Guilty', and that the evidence is based on faulty ...
4
votes
6
answers
1k
views
How are open source licenses valid without consideration?
I'm not a lawyer or law student in any capacity, but I've read in multiple sources that a contract is not valid unless there is consideration for both parties.
With this in mind, how can licenses for ...
4
votes
1
answer
263
views
FOIA request takes too long
I submitted a FOIA request to State Dept. of the United States. The FOIA request was immediately acknowledged, assigned a number and I was notified that it is being processed. This was some 180 days ...
4
votes
2
answers
166
views
Is there a line that excludes preaching religious murders from first amendment protection?
In general, religious beliefs can be as free under the first amendment as they come. You can believe in any god or pantheon, or nothing at all in pretty much any fashion. Very free indeed. But is it ...
4
votes
4
answers
788
views
Does there really exist such thing as "no contract" when doing business with other party?
Sales persons are sometimes advertising their service as "contract free", so that they would get a better chance to convince you to sign up for their service. I guess the reason why this works is ...
4
votes
2
answers
12k
views
Is it assault to squirt someone with a spray bottle?
Is it considered assault to squirt someone with water from a spray bottle in New York? Can it depend on the outcome?
4
votes
1
answer
524
views
Is one liable if illegal material is found on one's own server?
This question was prompted by a news article I read earlier today, in which a person described the dilemma they faced on discovering illegal material had been stored by an unidentified third party on ...
4
votes
1
answer
316
views
Would Poker (with *Zero* real-world currency involved) in an M-Rated (18+) Online game be constituted Online Gambling?
Players of Red Dead Redemption 2: Online (RDO from now on) have been requesting that Poker or other gambling activities be added to the game.
These were expected to be included, as they are present ...
4
votes
3
answers
484
views
Can true statements or statements of opnion be libel or defamation in any country?
This is inspired by this thread on Writing.SE.
Under US law, a true statement can never be defamatory, and neither can a statement of opinion, as opposed to a factual statement.
Are there any ...
3
votes
2
answers
629
views
what happens if a brand or company's name is a common everyday word?
What happens if a company name is an already existing commonly used word, i.e. Always?
Could for example, a movie studio decide to make a movie and call it "Always", even though there is a feminine ...
3
votes
2
answers
3k
views
Contracts that require you to lie
This workplace question recently made it on the StackExchange hot questions list: Severance contract requires a lie. Is this enforceable?
Now, consider the following:
In most cultures, lying is seen ...