Hot answers tagged

10

A simple EULA does not absolve you from legal responsibility. The law that you need to be acquainted with, if you are dealing with the US (i.e. might be sued in the US), is the Digital Millennium Copyright Act, in particular Title II, the Online Copyright Infringement Liability Limitation Act which states the "safe harbor" provisions. Aspects of DMCA safe ...


8

We cannot guess what the seller will do, but the law is that unsolicited merchandise is treated as a gift.


6

In such a case the person who bypasses the terms knows that use of the site is conditioned on agreement to the terms, and has taken an explicit action to continue past the terms and use the site. I suspect that if a dispute were to arise where this is relevant, it would be held that taking such action was legally equivalent to clicking "I agree". But I don't ...


5

As a designer and programmer you virtually have nothing to worry about apart from your wasted time. Such a network would likely never evolve (unless in Darknet) just because the would-be blockchain node owners would not have the balls to keep the nodes up. If a court in country A orders information deleted, the node owners residing in A would have to comply....


4

It is their property, so keeping it without permission could well be seen as theft. I think you are obliged to make reasonable attempts to notify them you have their property before using it or selling it. Just like if someone left the item at your house after a party. If they want it back, however, it is at their cost, you should not be out of pocket ...


4

There are a number of existing legal sites that do this, for free or for pay. The main concern for a website operator pertains to the DMCA "safe harbor" provisions, which protect against vicarious liability for infringement. A "report piracy" option is not sufficient; see this answer to a related question.


4

Of course you'd be in legal trouble, the contract is still valid. I also don't know why you don't consider virtual goods to be goods. Take this example: You buy a 1 year subscription for (example) netflix. The next day they cancel your subscription but don't give you the money back because its not a "real good". This should make it clear that virtual goods ...


4

I don't know where you got the idea that Legally speaking, these "in game currencies" aren't recognized as personal property. They aren't recognized as money and you can't use them to pay your taxes or buy your groceries. But then you can't use collectable baseball cards to do either of those things, but they are personal property, you can sell them, and ...


4

Yes One could certainly put up a site whose only content was a link to another domain. And I can't find any law which this would violate. If the link is a "deep link", and if it bypasses a log-in page, while the other site is so designed that all access is intended to go through the login, i believe (but cannot at the moment verify) that the owner of the ...


4

In the U.S. this will be dependant on State Gambling Laws, but typically it would only be illegal if the money was taken for a private Lottery (legally speaking, only the government is permitted to run lotteries, and the specific nature of a lottery is a game where a prize of monetary value is awarded to a participant by a mechanism of random chance). ...


3

So far as I am aware, all jurisdictions provide some kind of defence to the offence of possessing child pornography (or, for that matter, other illegal items like drugs and weapons) for legal purposes. This is necessary at least for police and others involved in the criminal justice system – if not, it would be difficult to seize the material and admit it in ...


3

If your app is published under US law, then the DMCA would apply, just as if it was a web site. The DMCA doesn't say anything about what particular technology the distributor is using. TO be protected by by the DMCA's "safe harbor" provision, you will need to include a notice in your app that you accept takedowns, and provide an address or method ...


3

The party that made the overpayment would have the right to sue you for "unjust enrichment" or "breach of contract" (since the terms of service no doubt provide or strongly imply that you are entitled to only one payment per sale), if you didn't voluntarily return the overpayment following a demand to do so, even though you received it through no fault of ...


3

Because the company that runs the contest is not in the banking or medical industry, or in another business or organization (NGO or governmental) that has to protect personal information by law, your login, email and password can be stored on pieces of paper scattered around their office and it's not illegal. And there are no laws regarding sending your ...


3

They must give you a refund By saying they don't give refunds that are required by law they are engaging in misleading and deceptive conduct which will expose them to some serious fines. Report them to the relevant Italian authority. Presumably, you paid for this service with a credit/debit card. Contact your card provider and dispute the transaction - ...


3

You are missing something. The fact that you have a tick box and its state is saved in the database is enough. The burden of proof is only "on a balance of probabilities", so someone arguing that they didn't consent would have to demonstrate that you falsified the database entry somehow. In terms of GDPR requirements in general you don't need a greater ...


3

In Texas, sex offenses are defined in Texas Penal Code § 21.01, et seq., and rape and kindred offenses are defined as sexual assault § 22.011 and aggravated sexual assault § 22.021. None of those laws prohibit the conduct described (assuming adults who are not in a teacher-student relationship with full mental capacity), nor do they prohibit the video as ...


3

I only address the core legal question. The first question regards where the review appeared: on the facility's own web page, or on some third party web page? In the latter case, there is the possibility that soliciting a modified review in exchange for something of value violates the terms of usage for that web site. There are also US federal regulations ...


3

It is more complicated. From Wikipedia “The United States has income tax treaties with over 65 countries. These treaties reduce the chance of double taxation by allowing each country to fully tax its citizens and residents and reducing the amount the other country can tax them. Generally the treaties provide for reduced rates of tax on investment income ...


3

In the United Kingdom: A person has no authority to access an online account of a deceased relative, unless this has been agreed with the operator of the website (etc). If a Power of Attorney over the deceased's financial affairs existed, this ceases upon death. Using a person's login credentials without permission from the owner of the website would be a ...


3

Four potential offences come to mind on the provision of further information: Publishing, distributing, or making an indecent pseudo-photograph of a child contrary to Section 1 of the Protection of Children Act 1978 (PCA) Possession of an indecent photograph of a child contrary to Section 160 of the Criminal Justice Act 1988 Possession of a prohibited image ...


3

Yes, although whether you get any response depends on a lot of factors. Specific, credible threats are much more likely to get a response than "I'm gonna kick your ass, amphibient, you (insert opposing viewpoint/sports team/etc)." The law broken in question would be: 18 U.S. Code § 875.c: Whoever transmits in interstate or foreign commerce any ...


2

You can see a synopsis of California privacy laws here. There is no liability for a website on which private information is found, unless the publisher assists the poster (perhaps by simple encouragement) to illegally obtain the information. One could hope to sue someone for publishing a private fact, but in California you would have to show that the ...


2

Large companies are not usually going to take a small case to court; the amount they could recover would be far less than assigning a corporate attorney or hiring an attorney local to the customer to file to collect the debt. But large companies often assign or sell the debt to a collection agency; such companies specialize in debt collection and lawsuits ...


2

As the operator of the deployed system (see Free Radical's answer) you are also required to keep internal documentation on your compliance with the GDPR, including procedures to follow in case of an information or deletion request or information becoming too old to keep. This can be something like "an admin with superuser privileges enters databases X, Y and ...


2

The GDPR (and most other relevant laws) does not regulate design. As for the GDPR: It specifically regulates processing of personal data. So I am going to assume you're asking: As a controller, is it illegal to operate social network that can't comply with right-to-be-forgotten (and possibly other laws)? And in that case, the answer is: Yes. There is a ...


2

I am not a lawyer. I am not your lawyer. If all concerned parties are American, this is a textbook example of fair use and you do not violate copyright by posting excerpts from the book to discuss what is essentially your commentary on them. My understanding of fair use is that it's somewhat fuzzy and relies on a number of tests to gauge the nature of the ...


2

...are they required to give the purchased digital items back to me? This all depends on the Terms of Service (TOS) you agreed to when you opened the first account and bought the items. The TOS may state that they have the right to close your account if you are suspected of cheating and prevent you from downloading copies of the digital objects, even if ...


2

Much of your ability to sue the email company for damages depends on local and Estonian laws, but the most important aspect is the TOS and user agreement you agreed to when you originally signed up for the service. Read it (though if the portal is now off-line, it may not be accessible). You may have agreed to hold the company not liable for any damages from ...


2

The victim of a bad-faith takedown notice can pursue a civil claim against the person filing the notice. Such actions have sometimes led to sizable rewards. Diebold, for instance, paid out $125,000 after a judge found that it had violated the DMCA by submitting a takedown request against a group that published internal Diebold e-mails acknowledging problems ...


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