67
votes
Can a landlord fine me for a non-existent business being listed at my address on Google Maps
The legal position
You are quite clearly not running a business and if the matter went to court you could easily prove this be e.g. getting testimony from the people at the party, your testimony etc.
...
- 198k
23
votes
I'm creating an app, which country's law will be applied to it?
The law of each country where you offer the app for download applies, and you have to consider:
Privacy Policy (GDPR in EU, CCPA in California, APPI in Japan, LGPD in Brasil, and more - check each ...
- 1,362
16
votes
Accepted
How can I legally protect my website from users who upload copyrighted material?
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 ...
- 210k
12
votes
I was banned from an online forum. Which law would enable me to force admins to restore my account and issue an apology? (and pin my post to homepage)
Usually you have no remedy.
The terms of service of the online forum will usually reserve absolute discretion on the part of the forum administrators to ban you.
Free speech rights do not apply to the ...
- 195k
10
votes
Can opt-in/opt-out checkboxes be deliberately obscure?
Not Allowed Under the GDPR
The suggested method does not seem to comply with the GDPR, and would not be lawful for a Data Controller that is subject to the GDPR.
Specific Provisions
Let's consider ...
- 113k
9
votes
Accepted
I'm creating an app, which country's law will be applied to it?
When publishing an app in a store, such as Apple's App Store, you choose in which countries the app is available. See the instructions on how to do that for the Google Play store, for example.
...
- 244
8
votes
Accepted
Can an Amazon Seller Make Me Pay for Items I didn't order but they mailed me for free
We cannot guess what the seller will do, but the law is that unsolicited merchandise is treated as a gift.
- 210k
8
votes
Is it correct to ban me from a concert without providing necessary proof that I was engaged in harmful or threatening behaviour?
A private venue normally has discretion over who may attend their premises, as long as it is not because of membership in a protected class under anti-discrimination law.
Note that the communication, ...
- 113k
7
votes
Accepted
Is one liable if illegal material is found on one's own server?
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....
- 8,632
7
votes
Is it legal to point a domain to someone else's ip (website)?
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 ...
- 113k
6
votes
Is it illegal to intentionally design a social network that can't comply with right-to-be-forgotten (and possibly other laws)?
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 ...
- 25.6k
6
votes
Accepted
Package recieved after full refund, illegal to keep it?
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 ...
- 626
6
votes
The circumvention of terms and conditions
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 ...
- 113k
6
votes
I'm creating an app, which country's law will be applied to it?
The law that applies is the law with the most significant relationship to the dispute in question. This could be, and realistically, usually would be, different for different issues. There could be ...
- 195k
6
votes
Accepted
Is ebay legally allowed to instantly suspend my account (with no possibility of appeal) without a valid reason? (Actual reason is: AI algo gone rogue)
Yes, they are.
A business can decide not to do business with someone for pretty much any reason. The obvious prohibited reason is due to your race. But I don't see how eBay would even know your race.
...
- 3,216
6
votes
Can opt-in/opt-out checkboxes be deliberately obscure?
This is mostly compliant. While such a form fails to collect valid consent, consent is not necessary for some forms of direct marketing. Instead, an opt-out solution might be permissible. We can ...
- 23.9k
6
votes
I was banned from an online forum. Which law would enable me to force admins to restore my account and issue an apology? (and pin my post to homepage)
There is no such law.
Per xkcd:
- 2,407
5
votes
Can I successfully sue an online match making website for matching me with a fraudster?
There are only two arguments you can make:
The match making website did something wrong. I don't see how you can make this argument unless you have some reason to suspect they actually did something ...
- 3,216
5
votes
Accepted
Can action be taken against a Discord server for someone admitting in chat they're under 13 then changing their age to over 13 thereafter?
Yes (probably), under COPPA
The FTC has stated that YouTube content creators could be held liable under the Children's Online Privacy Protection Act (COPPA), a United States law that "imposes ...
- 10.2k
5
votes
Why are the owners of OnlyFans not arrested for profiting from child pornography?
Criminal liability is triggered by guilty knowledge. The people who run OnlyFans may know in general terms that it is probable that some illegal images exist on their servers, but so does everyone who ...
- 13k
5
votes
Accepted
Bought a product online. Store sent me something different stating original product should not have been listed online
You had bought product A. That constitutes you offering the seller a contract for you to get product A for your money.
They keep the money and send product B - and now are in breach of the contract, ...
- 33.4k
5
votes
Accepted
Attributing the Assistance of an Online Translator for a Book's Chapter---Is It Necessary?
Using software generally does not entail any legal requirement to acknowledge the use of that software, and would only arise as a licensing condition. Google services, including Translate, are subject ...
- 210k
4
votes
Is it illegal to create a website that allows a user to upload a file and make it accessable and downloadable for others?
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 ...
- 210k
4
votes
How can I legally protect my website from users who upload copyrighted material?
In addition to the things mentioned in the answer by user6726 (which is very good) you must have, and announce, a policy that users who repeatedly upload copyrighted content unlawfully will be blocked ...
- 113k
4
votes
Accepted
Any obligation to return an accidental second payout?
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 ...
- 195k
4
votes
Am I required to return a package that was sent to me in error?
Microsoft doesn't want the package back.
What you should do is call them and offer to return the package. They will most likely tell you not to bother, and instead keep it, for free. I've had this ...
- 734
4
votes
Accepted
Am I required to return a package that was sent to me in error?
Receive it and keep it. If MS wants to be paid they can either charge your card or send you an invoice.
They will look really stupid if they sue you over this and need to explain to the judge why ...
- 8,647
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