98

No. This would not be illegal. You are not trespassing or breaking and entering since you have permission to be on the premises, and you are the rightful owner of the guitar so you are not depriving him of property that belongs to him. If you did this with the assistance of a law enforcement officer, rather than Bob's family, without a court order ...


44

Ohwilleke's answer is good, but there is a further point to consider. You say that Bob is your ex. Are there grounds for him thinking that this guitar was a joint purchase while you were a couple, and hence that he has a right to it? If it could be a joint purchase, you would not be stealing it back - but nor is he. You could potentially end up being sued ...


25

In general, people have less expectation of privacy in cars than in their homes. To challenge a search and/or seizure under the Fourth Amendment, a person must have standing - the right to sue (that is, you must have had a reasonable expectation of privacy in the place where the search happened; if you didn't, no standing - can't claim your privacy was ...


7

I would think that this would be treated the same as lost property. In most places, if you notice lost property (for example because the postman hands it to you) you have the choice of ignoring it (don't touch it, don't accept it from the postman), or you have to make reasonable efforts to find the owner and return it. If you as the sender had no idea who ...


7

Choice 2 is what the writers of the license have in mind. You own the physical media on which the copy is delivered, such as a DVD or floppy disk (if there was physical media). But you do not own the copy of the software, you merely have purchased a license to use it, which may be revocable under specified circumstances. This is different from the law in ...


6

There are two issues, one is the legal issue of whether what you are doing is a crime, and the other is the evidentiary issue of proving that that is what happened. If you take the phone home with the intention of keeping it ('finders keepers') then you have committed larceny (sometimes called 'theft', sometimes correctly). This specific type is called '...


6

Who Owns The Bunker? Your relative obviously owns the cellar up to their land property boundary. The people who own the other land would have originally been the owners of that portion of the bunker, assuming that it was not permissive (if it was permissive, an easement by estoppel probably would have arisen). So, then the question is, whether the people ...


6

As you've presented them, I doubt the functions are protected by copyright in the first place. Originality is one of the threshold requirements for copyright protection, and it demands that the work in question be independently created by the author, and that it possess some minimal degree of creativity. If you're talking about programming at a level so ...


5

I'll assume a real question here and not one about a fan film on YouTube. Take the trash from a trash deposit container outside my neighbor's house, without asking permission? All depends on the locality; and sometimes the law is not settled, either. Some cities have passed laws that deem trash to be city's property as soon as it is placed in a city-...


5

A random example I found is 16 USC 363, which forbids anyone to own a bathhouse in Hot Springs National Park which has been granted a hot water supply, if they already own another bathhouse nearby. 42 USC 2061 says that the Atomic Energy Commission shall be the exclusive owner of all production facilities for special nuclear material (with certain ...


5

In England and Wales, it is possible that you could be found guilty of theft. The "property belonging to another" includes where somebody has "posession and control" over somebody else's property. This was shown in R v Turner (No 2) [1971] 1 WLR 901, where a defendant was convicted of stealing his own car from a garage where he had left it for a service. It ...


5

is it plausibly the case that ownership of an original photograph would be awarded to the subject (or the subject's heirs) because the subject did not consent to the making of the photograph? No The photograph belongs to the person who owned the photographic plate. Copyright in the image belonged (it has long ago entered the public domain) to the ...


4

According to German Law (§ 69b UrhG), the employer acquires the copyright on the software, if writing the software was the purpose of your employment (ie. you were hired as a software developer and not an accountant etc.). Even though work-for-hire does generally not apply in Germany, in this case you'll probably not be able to ask for the source code.


4

A few examples that come immediately to mind: There are laws that make it a crime to own a large percentage of the stock of a company without disclosing it. An ownership interest in a "corrupt" organization is a racketeering offense. It is illegal to own nuclear materials (which are as a matter of law the property of the United States government) or non-...


4

In Germany, this would most likely be illegal, pursuant to Art. 858 BGB: (1) A person who, against the will of the possessor, deprives the possessor of possession or interferes with the possessor’s possession acts, except where the deprivation or the interference is permitted by law, unlawfully (unlawful interference with possession). The next section ...


4

Whoever buys it. When a company declares bankruptcy then its assets are owned by its creditors, as compensation for the standing debts. Since usually there are multiple creditors, what happens is that its assets are sold/auctioned, as money is easier to divide between the different creditors1. A logo or a trademark is an asset like any other and can be ...


3

I can't speak for the US but in Australia this would not be binding. You entered a contract for the vacuum cleaner the terms of conditions of which were made known to you at the time of purchase – the ticketed price, any store or website displayed terms and whatever was written on the outside of the box. Any alleged terms that were not made known when ...


3

There is a form, which both parties to the sale sign. Note that it does entail paying sales tax. There are other aspects to the sale which reinforce the "It's not my car anymore" message, such as returning the plates and getting a receipt for the plates. Even doing the sale in a DMV lot would not help you.


3

Tell whatever lawyer is drafting the "official paperwork" about the problem and ask if it is covered or if you need to change the text or add a rider. If neither company competes, a mutual release/license of existing shared code should be perfectly manageable for an experienced attorney.


3

There's the question whether something is lost property or abandoned property. You'd be allowed to keep abandoned property, but keeping lost property without looking for the owner is in many places considered theft. A car on your land is quite likely abandoned by the last driver (people don't usually lose cars). But the question is whether it is abandoned ...


3

Such clauses are called "copyright assignment", "invention assignment", and/or "works for hire" clauses, partly depending on the clause's intent and wording. They're pretty common in employment contracts for software development and some creative positions. Frankly, the clauses don't actually do much, at least in the US -- copyright law already recognizes ...


3

From the picture, I believe those to be domestic geese rather than ducks. This is not needless pedantry; it is necessary pedantry because the Wildlife Act 1953 classifies geese as "Wildlife not protected" but ducks (relevant species) as "game". If they are game you need to abide by the relevant Fish and Game Council regulations (from a quick look it is legal ...


3

Photographs of objects other than flat artworks, including pretty much all the things you list except in some cases oil paintings, involve creativity and originality in composition, positioning, lighting, and other aspects, and each such photo would be copyrighted by the photographer (or the photographer's employer in a work-made-for-hire situation). Such ...


3

I know of an app that did similar. They sold membership access and linked Youtube videos. One of the Youtuber's started to take legal action against them. I don't know what happened but the app blocked their content from being shown. Updated this comment to remove incorrect information. After looking at Youtube's recent terms and conditions; you aren't ...


2

This answer applies in the U.S. It is typically a 30-day process to evict a tenant for non-payment of a lease and it requires that the Sheriff be present to enforce the eviction order granted by the court. Similar rules for squatters. If the person being evicted is on the title, the process is more complicated and generally impossible to do unless you go ...


2

You don't give a jurisdiction but I know LLC is a US abbreviation. No corporation was ever formed, no contract was signed so the question becomes: did a partnership come into existence? Based on this it would appear that the answer is probably not. At this point there has not been "joint administration and control of business operation". But this depends ...


2

Not a lawyer, not your lawyer, but sometimes I watch Judge Judy. I don't see why the brother should be forced to buy out the sister's half of the property. He is an owner of the property and is entitled to the rights of ownership, including the right to enjoy its use. The sister is entitled to the same rights. These rights do not include either depriving ...


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