10
votes
Accepted
Executive order by Trump on 2020-11-12 barring investment in publicly traded companies that the US says are owned/controlled by the Chinese military
The order itself is here. It applies to "any United States person", which includes citizens, LPRs, entities with a US basis, and any other person in the US including tourists. It applies to ...
- 206k
4
votes
Accepted
What are the potential legal consequences for a company that has GPL violations?
A person that fails to comply with a copyright licence does not have a licence to use the copyrighted material.
The owner of the copyright can take all the normal actions for copyright violation ...
- 192k
4
votes
Accepted
In which sense is software cracking illegal?
The current version of copyright law in the PRC is here. Art. 10 states what is protected, which includes the standard rights of distribution, copying, modification and so on (which makes software ...
- 206k
4
votes
Accepted
Is it a felony for a teen to design a knife and put into production?
"As we know non-adults aren't allow to carry weapons"
This is not something that we know or an obvious point. It is also not obvious that a knife would qualify as a weapon for these purposes. This ...
- 185k
4
votes
International Cybercrime Based in China. Who's Jurisdiction is it?
China and Canada each have jurisdiction
If the RCMP want to, they can investigate the case, lay charges and seek extradition of the perpetrator from China. It will be refused. Therefore, they have ...
- 192k
4
votes
Accepted
What is the point of adding a few years of probation to a death sentence?
This is a traditional Chinese sentence which in practice is similar to a suspended sentence:
Mainland Chinese courts hand down the sentence of "death sentence with
two years' probation" (...
- 2,316
4
votes
Was it legal to shoot down the Chinese balloon?
Probably
The US, like all other nations, has absolute sovereignty over its airspace. There is no clear line between airspace and space but 60,000 feet is clearly in the former.
The US, like all other ...
- 192k
3
votes
Was it legal to shoot down the Chinese balloon?
It was a foreign craft in sovereign US airspace, in violation of numerous FAA regulations. (see answer here) Whether armed or not, it presented a possible hazard to navigation. The US was within its ...
- 3,369
3
votes
Is there a way for a person born in the US to Chinese parents to retain Chinese citizenship?
It is well known and often repeated that China does not tolerate dual
citizenship, except in the case of its citizens who have right of
abode in Hong Kong or Macau.
The Chinese Nationality Law is ...
- 2,112
3
votes
Is there a way for a person born in the US to Chinese parents to retain Chinese citizenship?
Art. 5 says
Any person born abroad whose parents are both Chinese nationals or one
of whose parents is a Chinese national shall have Chinese nationality.
But a person whose parents are both Chinese ...
- 206k
3
votes
Accepted
Not able go back to China with a B2 Tourist visa
They must apply for an extension of the visa: you can read about the UCIS covid-19 response here. The application must be "timely", so this should be done now. Even though the extension will probably ...
- 206k
3
votes
Would making a cyborg be legal?
In the US, it depends on why you are doing this, and how you go about performing the operation. There are approved devices and procedures, and there is the other stuff. In an emergency that is life-...
- 206k
3
votes
Accepted
Limitations for importing from China to US
You will have to pay import toll and taxes. There is no way around that unless you get only tiny deliveries, and that would be tax evasion. Atop that, make sure your wares are declared properly and ...
- 31.2k
2
votes
Accepted
Is there any law that can prevent China from restricting migration of STEM workers to the US?
China has no power to ban anyone from entering the United States. International law cannot stop China from exercising its power to prevent its citizens from leaving China, whether in the case of a ...
- 33.5k
2
votes
Accepted
Although there are conflicting claims about what happened on June 4th, 1989 in Tiananmen Square
Chinese citizens have the privilege of free speech
The Chinese legal system is from a completely different tradition to the Civil and Common law traditions that trace their roots to Roman and ...
- 192k
2
votes
Accepted
What are the laws of the sky over land?
Short answer, No.
In the United State, all aircraft (even of other countries) may not have gambling devices onboard under title 49 SS 41311
An air carrier or foreign air carrier may not install, ...
- 1,506
2
votes
UK - Does a foreign, non-EU company's ToS Override GDPR
It is not clear that the cited ToS provision in any way contradicts or attempts to override the GDPR, or any other law. A hypothetical ToS provision that said that use of the site constituted consent ...
- 112k
2
votes
To what extent can a country criminalize acts outside its territory?
To the extent that the country's constitution allows the legislature to make a law with extraterritorial scope.
(Of course other countries may or may not cooperate with the enforcement of that law.)
...
- 11.9k
2
votes
Accepted
Which law in China obliges LinkedIn users to confirm their identity before using LinkedIn services?
On some pages in LinkedIn's help center (1, 2, 3), they mentioned about China's regulations regarding real name identity verification.
Searching about real name identity verification linkedin ...
- 168
2
votes
Accepted
Why the deal between IBM and RedHat needs approval from China?
China approved new antitrust laws in 2008. There are always variations in the details from jurisdiction to jurisdiction, but China's Anti-Monopoly Law shares the key features of its counterparts in ...
- 55.8k
2
votes
Accepted
Under China's two-child policy, what happens if triplets are born?
The report out there is that the (former) policy does not count the number of infants produced, it counts the number of giving births.
- 206k
2
votes
Accepted
Financial law - limited liability - use of personal balance sheet term
For this to even be possible, we would say that China lacks a notion
of a limited-liability-company and instead has what for its stance on
eligible debt servicing sources? (essentially looking at ...
- 185k
2
votes
Is the China balloon breaking any laws?
First, it is highly unlikely that it would remain continuously exactly at 60,000 feet. I mention this because that altitude happens to be the boundary between Class "A" airspace, and Class &...
- 3,369
1
vote
Accepted
Corporate China - evicting onshore management via reproduced chops
Fraud is illegal in China (just like everywhere else)
Using a forged chop is exactly the same as using a forged signature in other jurisdictions. In fact, it's easier to detect because while a person'...
- 192k
1
vote
In what jurisdictions is the severability clause redundant to add in a contract?
The substantive common law of severability turns, in part, on the intent of the parties. If the contract can carry out the intent of the parties with a particular provision severed, it is severable. ...
- 185k
1
vote
Is someone who was born in China but acquired citizenship elsewhere through derived citizenship still a Chinese citizen?
Does anyone have any real-world experience with how China treats automatic acquisition of US citizenship through INA 320 under the Chinese nationality law?
While not exactly the same, there are many ...
- 5,277
1
vote
Does a restriction of trading mean that regular buy/sell is prohibited?
Recently semi-official Chinese spokespersons have underscored that they consider "investment" in cryptocurrencies unsafe, and that there would be no safety net for people who gamble their ...
- 13.2k
1
vote
Who is responsible for damage caused by hacked account in China?
You are
Well, obviously, the scammers are but you aren’t going to catch them so your loss is your loss. You may want to check if any of your insurance policies cover being scammed.
It’s common ...
- 192k
1
vote
What protections does Europe provide for US patents (that China doesn't)?
Patents are territorial - A U.S. patent allows you to try to stop infringers who make, sell, offer for sale, use (all in the U.S.) or import into the U.S. For example, a Chinese or German or ...
- 11.1k
Only top scored, non community-wiki answers of a minimum length are eligible