Podcast #128: We chat with Kent C Dodds about why he loves React and discuss what life was like in the dark days before Git. Listen now.
37

Yes, as long as it is clear that this is fiction. It is utterly common for fiction set in the current world to mention real institutions and people, and have them do and say things that they never really did or said, to fit the plot or just to provide background. Busman's Honeymoon by Sayers included quotes from the (London) Times about Lord Peter Wimsey's ...


37

In most jurisdictions, practicing law without a bar license is a serious offence, which, inter alia, is the primary reason why a non-lawyer would use this disclaimer. Lawyers also use this disclaimer to avoid any 'constructive implication' of attorney-client relationship.


27

This is not legal advice. If I say "this is not legal advice", and you rely on what I say, and try to sue me if everything goes pear shaped, then a judge will laugh you out of court. If I don't say "this is not legal advice", there is a 99% chance that the judge will laugh you out of court. I'll cover the one percent.


23

Do they have to use all caps? Well, no. It's just that companies feel that's the easiest way to make the text "conspicuous" which is required by the Uniform Commercial Code explicitly in § 2-316. Exclusion or Modification of Warranties. (2)Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it the ...


11

is it legal to state a newspaper wrote an article when in fact it never did? He looked at the newspaper on the table. The Chicago Tribune featured an article that read, "Hank Reed sentenced to 20 years in prison." That is not defamatory with respect to the newspaper, which is what I gather you are asking. A fictional title of that type does not ...


9

Students of the English legal system will all have heard of Alfred Denning (later Lord Denning), a prominent English judge in the twentieth century who really took issue with contract terms that purported to exclude liability under every circumstance. In a famous case in 1956, (J Spurling Ltd v. Bradshaw), Lord Denning came up with his famous "red hand rule"...


8

Some jurisdictions provide for statutory warranties on fitness and merchantability of goods. The effect of these exclusion clauses will vary between jurisdictions, so I will briefly examine two different effects of law with respect to supply of goods. For the United States, certain warranties are implied in the sale of a product, provided for in the Uniform ...


8

If you're talking with a friend, a disclaimer like this should not be necessary, as they know you're not a lawyer, and you're just expressing lay opinion, personal anecdotes, etc. But if you're in a context where the audience doesn't know who you are, there's a possibility that they might assume you're qualified to dispense legal advice. For instance, this ...


7

The purpose of such a statement is to disavow the reading of any impression that the person making the statement is affiliated with the trademark owner, because the gravamen of a trademark infringement suit is that the person using the trademark mislead a consumer into thinking that the person using the trademark was endorsed by or affiliated with the ...


5

As a preliminary matter: there is no, so far as I'm aware, a blanket FTC requirement that every ad carry a disclaimer or a label. Some FTC rules do require disclaimers in certain circumstances. This document gives some background. In summary: if a claim made in an ad is false, a disclaimer can't fix it. If it is true, a disclaimer is unnecessary. A ...


5

The significant question is whether such a statement as "no copyright infringement intended" will be viewed by the courts as evidence to suggest innocent infringement or rather as evidence to support willful infringement. This consideration of willful versus innocent is relevant when a copyright holder seeks statutory damages. 17 USC §504(c)(2) says (...


5

If someone who is not a lawyer is giving out legal advice, does it make any difference if they include a disclaimer along the lines of "this is not legal advice"? The purpose of this disclaimer is to prevent someone from unreasonably relying on the advice while thinking that they are reasonably relying on legal advice. If the person who gave you some advice ...


3

The notification that you saw is not useful legal information for you: stuff always belongs to whoever owns the stuff. It might be interpreted as saying "it doesn't belong to us", but you can't count on that (it's virtually guaranteed that at least some of the content there is owned by the website owner). A more informative statement would be "You will have ...


3

In the US, you have a 1 year grace period from the time of public disclosure to the deadline for filing the patent application. This can lead to a US patent, which can be used to sue anyone infringing the patent within the US. However, most foreign countries do not offer this grace period, and so the possibility of protection in these countries for the ...


3

Yes, this is a very common use of a "reading down" provision used in lots of contracts, albeit worded in an unusually clumsy way.


3

This is called a bailment. There is a pretty general outcome. First, I will discuss bailments. To get to the meat of the answer skip down to the horizontal break. Here is some info from a Maryland case. I omitted citations and added emphasis. Danner v. Int'l Freight Sys. of Washington, LLC (D. Md., 2012) Maryland is a state which may honor the fine print. ...


3

Generally, terms of service must be prominently displayed. Click-wrapped terms have been found enforceable if the user is required to view them prior to engaging in activities on the website. However, browser-wrapped terms have been found unenforceable if a reasonable user would not be expected to view the terms prior to engaging in a transaction. As an ...


3

You could include a notice that the forms are not legal advice, and you make no guarantees on their effects in particular situations, and that readers should use them at their own risk, and that they are provided "as is" with no warranties of any kind. You might also find websites that offer downloadable legal forms, or forms similar to the ones you intend ...


2

Cops conduct undercover operations and don't have to tell you they're cops. (Unless maybe they're under oath in a courtroom, for example.) Mostly because it would be really stupid and impossible to conduct undercover work otherwise. Rumors and popular media about this are wrong. This is also true for federal agents and actors. (FBI, DEA, ATF, Secret ...


2

The purpose of the statement is to make sure it is clearly understood that the person making the statement is not affiliated with the trademark owner and not in any way trying to insinuate that there is an association. It's an effort to avoid an infringement suit by giving proper ownership credit to the owner of the trademark itself. You can liken it to a ...


2

The creator of the software doesn't provide any warranty. If you feel confident in the quality of the software, nothing stops you from providing a warranty. If the software doesn't meet your guarantees, you will have to pay out because you provided the warranty, depending on the terms. Not the creator of the software because they explicitly didn't provide ...


2

Yes. You should put a disclaimer on the document or in a watermark. Government officials charged with enforcing national defense secrecy laws are not good at getting jokes and could easily assume it is real, and once you are accused, even wrongfully, of a national security offense related to classified documents, getting due process let alone a quick ...


1

Superficially, they seem equivalent, but in the absence of a specific factual context it is hard to know. For example, suppose that the contract language above replaces similar language in a previous contract, and one party claims that it is an amendment to the old contract (and hence does not require new regulatory approval) while another party claims that ...


1

Yes they are equivalent. However, the particular disclaimers breach consumer protection law in many parts of the world and may actually be punishable with a fine.


1

does the user of the code have any right to try and prosecute the developer of the code The user can sue for that (and indeed for absolutely anything), but he wouldn't prevail. I don't like giving that answer, as it reminds me of the useless answer many sarcastic users give in online "law forums". But since you ask in terms of a user's "right to try", I ...


1

The title to your question asks about ‘prosecution for fraud,’ but the text goes on to ask a broader question about ‘legal ramifications.’ The details are very important when it comes to prosecuting fraud; there are very many different state and federal fraud offences. Although the essence of criminal fraud is deception for financial gain, deceptive ...


1

The disclaimers are not related to fraud, they are related to the fact that anything held out to have medical efficacy is subject to special federal regulations. If you market some herpetological lipid as mechanical lubricant, then you're much less liable. If you market that same substance as a cure for cancer, you will have violated federal regulations ...


1

By law, such companies have to give such disclaimers if their products are not approved by the federal government, i.e. the FDA, which evaluates and licenses medical products after testing for safety and if they actually are beneficial in a medical sense. The disclaimer is clear: These guidelines are solely for educational and informational purposes. ...


1

This is the answer I received from a lawyer that practices in Alabama: The disclaimer may or may not protect the seller. Basically, disclaimers are not ironclad protection. It all depends on the situation. State laws can influence the legality. For example, it is not illegal to sell radar detectors but it is illegal to use them in some states. Also, ...


1

How can I write a disclaimer for this You can't. As a host of content you must have policies and procedures in place to deal with allegations of copyright infringement (such as takedown requests). This is a legal obligation on you that you cannot avoid with a disclaimer. Hire a lawyer.


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