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3
votes
2answers
188 views

When are errors of process “fatal?”

Under what circumstances (if any) can an error of process doom a plaintiff's claim? Process errors can include things like failure to serve notice or motions in a timely or correct fashion, or ...
2
votes
2answers
161 views

Can I be contractually bound by terms accompanying an unsolicited document?

This is just a contract question, and I am not concerned with the intellectual property implications at this point. I'm in the US. The scenario: Suppose I was given an unsolicited document, so at no ...
4
votes
1answer
215 views

What qualifies as “violent” and “assault”?

I was reading the following news: http://www.timesofmalta.com/articles/view/20150719/local/update-3-veteran-actor-john-suda-charged-with-violent-indecent-assault.577272 Essentially a person is being ...
3
votes
1answer
787 views

Employee Lie Detector

Someone has been stealing from my girlfriend's workplace, not her, and they're forcing everyone there to undergo a lie detector test or lose their jobs. Is this even legal since they don't actually ...
4
votes
1answer
1k views

Can an API be licensed?

My question is this simple - can an API (Application Programming Interface) be licensed? How does such licensing work? I mean, to have the source/binary licensed under one licence and the API under ...
6
votes
2answers
391 views

Under what principles can one be sued for not obeying a clickwrap contract they never signed?

Many software packages come with a EULA which uses claims such as "by opening this package you hereby agree to ... (some laws going far beyond classical copyright)". Now, what happens if your friend ...
3
votes
1answer
227 views

Who owns a copyright on a scanned work?

If there is a work that is out of copyright (was published in the 1800s) but I can only find it in an online repository, can the repository claim a copyright or other limitation on my use of their ...
3
votes
2answers
506 views

Why is it important that “service of process” not be performed by parties to a case?

This page from the California Courts is emphatic that "it is very important that you, if you are the plaintiff/petitioner or defendant/respondent, do NOT serve your own papers." Why is it important ...
2
votes
2answers
238 views

Do digital works need to be sent to the copyright office?

In the US, if I release a video game (or other digital work) online do I need to send a physical copy to the Copyright Office?
18
votes
6answers
7k views

If my speedometer breaks without my knowledge, would I be responsible if I broke the speed limit by a small amount?

Let's say that I drive down an interstate highway at a speed of 68 miles per hour, where the speed limit is 65. I think that I am going 63 miles per hour because my speedometer is off by five miles ...
6
votes
2answers
528 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 ...
2
votes
0answers
417 views

Are galvanized pipes allowed in residential water delivery pipes in NYC?

Some residential properties in New York City still have galvanized pipes for the inlet water line. Since heavy metals from the galvanization can leach into the water, this kind of pipe is no longer ...
2
votes
0answers
401 views

Google Maps Licensing

I had a question regarding the ToS of Google Maps/Earth, it can be found here: https://developers.google.com/maps/terms Section 9.1.1a states that: (a) Free Access (No Fees). Your Maps API ...
2
votes
1answer
145 views

What am I allowed to do according to Amazon TOS?

I found this on Amazon TOS: ... You may not incorporate any portion of the Amazon Software into your own programs or compile any portion of it in combination with your own programs .. Now I'm ...
3
votes
1answer
108 views

Do I as a European Union citizen have the right to watch TV shows outside my country and download in my country?

In the UK, it is possible to download TV shows in the UK and watch them afterwards outside the UK. http://iplayerhelp.external.bbc.co.uk/tv/watch_outside_uk I would like to know if this is based on ...
2
votes
0answers
115 views

How to register a descriptive European trademark?

The trademark "TEXT TO BUY" is descriptive and non distinctive trademark. It is descriptive for an obvious reason: it exactly describes the service it is a trademark for. It is a service "to buy" and ...
4
votes
2answers
75 views

What laws regulate owners of fundraising websites?

Is it true that any one can set up a website for fundraising without declaring a legal entity? For example, my church needs to raise fund for repair work, the project would cost about $40K. If I want ...
1
vote
1answer
80 views

Covenants against contingent fees

In which cases can and cannot contracts (like concession rights) be negotiated with the Government via a middleman? I.e., when can a company hire a consulting agent to help negotiate with the ...
2
votes
2answers
153 views

Big corporation in the UK, Conflicts of Interest and a Contract

I've recently been offered a job for a large technology corporation in the UK. I've asked another question here about IP but also have a question on Conflicts of Interest I'd thought I'd ask ...
8
votes
1answer
805 views

Big corporation in the UK, Intellectual Property and a Contract

I've recently been offered a job at a large technology corporation based in the UK. I've yet to sign the contract but I found something in it which concerns me. Intellectual property, ideas and ...
8
votes
1answer
2k views

Is my bond (employee contract) legal in India?

I live in India and I have signed a contract of one year with my employer. But now I want to leave my company. However when I sent my resignation email they told me to take legal actions on me. ...
4
votes
1answer
123 views

Is there a legal analogy of a publisher for physical things

Background Long and complex story short, we're essentially building a legal & software framework for self-organizing 'ad-hoc' organizations. It seems like some set of our issues could be solved ...
5
votes
2answers
1k views

“Reverse Engineering” a plain text file format

If a file output from a non-open source program is stored in plain text. What legal implications are there for building a parser to read that file into my program? Is there any legal distinction ...
19
votes
7answers
1k views

What should I look for when seeking a lawyer?

The standard legal disclaimer is that someone should ask a lawyer if they really need legal advice. So how do you find the right lawyer? How can you judge how "good" a lawyer is? How can you find ...
5
votes
1answer
383 views

What rights do children under the age of 18 have while living with their parents?

Do children have basic rights to Wi-Fi, food, and a bed?
5
votes
1answer
798 views

Can UK doctors legally prescribe drugs online?

The online pharmacy Kiwi Drug claims to dispense drugs legally from their online NHS-affiliated doctors, who prescribe drugs online. Kiwi Drug provides an online doctor service through its UK ...
9
votes
2answers
268 views

At what point and how should I change the license/Copyright notice when I create a derivative?

If I take a piece of software that is licensed as MIT (quoted at the end), and use it as a scaffold to create for my own thing, do I need to keep including the old license perpetually? This would seem ...
4
votes
1answer
172 views

Can the chairman of a NASDAQ-listed company also be the chairman of another company?

I am looking to find out if a chairman of a NASDAQ-listed company can serve another company as the chairman. Please cite all sources used, so that I may reference and personally check. I looked ...
3
votes
2answers
253 views

What place in a car is regarded as a visible place for all passengers?

I read on http://allucam.com/legality-dash-cam/: Dash cameras obviously can make a visual record of the road ahead, but under state law, they must also be capable of recording and saving audio data....
5
votes
1answer
4k views

How long do patients have to wait to get lab results in California?

I read on http://www.chcf.org/~/media/MEDIA%20LIBRARY%20Files/PDF/E/PDF%20ElectronicLabResultsExchangePolicy.pdf : (CA = California). which means patients used to not be authorized to access their ...
8
votes
1answer
310 views

Liability of posting potentially dangerous articles on blog

I work with electronics and some of it requires working with potentially dangerous voltages which could cause severe injury or fatality. So my question is this: If I decided to start a blog and write ...
3
votes
1answer
82 views

How to make people follow city laws regarding dogs on a leash?

I live in Toronto. There is a by-law that all dogs should be on a leash when inside one of the city parks. But nobody follows this. People with big dogs let the dogs run free and they sometimes get ...
2
votes
3answers
322 views

End of lease - carpet cleaning almost 3x the 'minimum' amount in my lease

We recently moved out of a home that we were leasing for 12 months. When moving out, we called to ask how much carpet cleaning would be so we could determine if we wanted to hire our own company or ...
10
votes
1answer
1k views

Has anyone ever won a lawsuit against oneself?

The legal blog Lowering The Bar has a list of lawsuits where both the plaintiff and the defendant were the same person or legal entity. Some of the examples are: "Utah Court Says Woman Can Sue ...
2
votes
1answer
117 views

Non est factum for contracts signed in multiple languages

We are drafting a master services agreement and associated service agreements in both Japanese and English. The MSA will be translated into Japanese from the english draft by an English speaking ...
2
votes
1answer
90 views

Can I protect myself against misused funds if i invest in a self employed person's project?

If I invest a sum of money to a self employed individual for their project can I sue them for the return of the investment if they meet the following general points: can't or won't show me what they'...
1
vote
1answer
69 views

Does the use of an escrow service affect liabilities?

Would a website that provides a third-party escrow service to protect its members that trade between themselves be increasing its exposure to any additional liabilities? My thinking is that despite ...
2
votes
1answer
63 views

Terminology for contracts in multiple Languages

My company is having contracts drafted in both English and Japanese and we want to have the English version take priority over the Japanese. Is there a specific legal term for this structure?
4
votes
1answer
211 views

Re: “Our mass infringement”, is LearnHub doing anything illegal?

On meta ELU, there's a question: Mass infringement of our copyright, which goes on about how some SE sites are being "scraped"; cut and pasted with no attribution, to sites such as LearnHub.org. From ...
5
votes
1answer
221 views

What is a Transition Bond Company?

I've come across the term Transition Bond Company, and I'm trying to figure out what it is – in relatively plain English, since I lack any legal background whatsoever. The context in which I've ...
7
votes
3answers
15k views

What are the laws regarding eviction of adult children from residence in the UK?

What is the process in the UK for parents to evict an adult child that is living at home with them if he refuses to leave willingly?
1
vote
1answer
31 views

What is a good formulation for a minor share agreement of USA company (Inc.), before the company shares/options are issued?

The company "Foo Inc" is registered in the U.S. It has not issued any shares or stock options yet. A company CEO (Alice) needs to make a signed agreement with a third party (Carol) that Carol ...
13
votes
7answers
27k views

Why are lawyers not called “doctor”?

I don't quite understand the education process for lawyers, but I do understand there are a number of different degrees, and one of them is 'JD', the juris doctor. My Latin is quite rusty, but I ...
4
votes
1answer
276 views

What's to stop a homeless person living in a church or a mosque?

Aren't churches and mosques basically public places of worship? Couldn't a homeless man just claim he is doing an extensive period of praying? Sorry if this question sounds ignorant or dumb. I'm ...
8
votes
1answer
686 views

If Person A gets permission to use Person B's computer, but uses it for illegal activities, who is held liable?

I had this idea to make a network where people can get paid to let other people use their computer for computing purposes. Let's say they got permission to use Person B's computer under terms and ...
4
votes
4answers
2k views

Can a warrant, subpoena, court order, etc. require you to violate terms and conditions or a contract?

There's been a lot of attention lately to websites getting subpoenas to hand over user information, and then potentially getting a gag order as well for the subpoena. I'm wondering (just for ...
2
votes
1answer
54 views

Does “so as to” limit the application of a permission, or define it as a possible use case

I have been asked to sign an employment agreement which includes The Employee irrevocably appoints the Employer as the Employee’s lawful and authorised attorney to sign a document or do any thing ...
4
votes
2answers
856 views

What is the advantage of setting up separate IP holding companies?

I find that many companies set up separate companies to hold intellectual property. Examples follow: Dunkin' Brands Group, the company which operates the Dunkin' Donuts and Baskin-Robbins chains, has ...
4
votes
2answers
186 views

Poker considered as gambling?

I heard a lot of people say that Poker is a game of skill, not a game of luck. And often, you see the same winners in the finals of poker tournaments. Does that mean online poker sites do NOT require ...
4
votes
2answers
449 views

Public domain status of works by the state of Texas

Stuff written by employees of the US government as part of their employment are supposed to be public domain simply because they're a US government employee, per Wikipedia. So what about for the ...

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