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33 votes
Accepted

If we use a generative AI to generate original images, can we use these images in a product that we sell?

Per a decision of the US Copyright Office last month, AI generated images are not subject to copyright. That means you can use the generated images for any purpose you want1, but so can anyone else. ...
Bobson's user avatar
  • 655
29 votes

Where is the line at which the producer of a product cannot be blamed for the stupidity of the user of that product?

There is no bright, highlighted line, but the test is generally what a reasonable person would do or expect. Not a total moron. Let's take an example of using spray-on adhesive instead of hairspray. ...
Trish's user avatar
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24 votes
Accepted

In the US are new product safety features implemented by manufacturers ipso facto proof that they were aware their earlier products were unsafe?

In order to avoid this perverse incentive, Rule 407 prohibits the use of subsequent safety measures as evidence for liability: Rule 407. Subsequent Remedial Measures When measures are taken that ...
Acccumulation's user avatar
24 votes
Accepted

Peanut butter - may contain peanuts

When the dangerous nature of a product is or should be known to a manufacturer and the product is being used in the usual and expected manner, the manufacturer has a duty to warn of the danger. Breach ...
user6726's user avatar
  • 215k
22 votes

Liability of products that are inherently risky (e.g. skateboard)

united-states Theories Of Product Liability In Tort There are three basic theories of product liability in tort (setting aside breach of warranty claims) under state law in most U.S. states. ...
ohwilleke's user avatar
  • 221k
20 votes

Where is the line at which the producer of a product cannot be blamed for the stupidity of the user of that product?

Negligence To win a negligence claim, the plaintiff needs to prove that the defendant: had a duty to the plaintiff, breached that duty by failing to conform to the required standard of conduct (...
Dale M's user avatar
  • 213k
15 votes

Peanut butter - may contain peanuts

canada I think you misunderstand the liability that the manufacturers are seeking to avoid by providing these specific labels when they appear clearly redundant: the liability would likely come from ...
Jen's user avatar
  • 59.8k
11 votes

Peanut butter - may contain peanuts

I happen to agree that this is a bit strange, and I think it is basically "government says do it, so you do it even if it doesn't make a whole lot of sense." But here are some additional ...
manassehkatz-Moving 2 Codidact's user avatar
10 votes

If we use a generative AI to generate original images, can we use these images in a product that we sell?

The new work would not be protected by copyright law in the US. A different concern would be whether a created image might leave you liable in a copyright-infringement lawsuit. Although the output ...
user6726's user avatar
  • 215k
10 votes

Liability of products that are inherently risky (e.g. skateboard)

Assumption of Risk In the USA, an obvious risk can absolve the seller of liability. Otherwise, no one could sell a knife, for example, or an automobile. Today, this is often part of a process that ...
Tiger Guy's user avatar
  • 7,139
8 votes

In the US are new product safety features implemented by manufacturers ipso facto proof that they were aware their earlier products were unsafe?

No. Quite likely, the manufacturer is increasing their risk if they don’t incorporate known safety improvements australia Product liability law is nicely summarized here. With respect to older ...
Dale M's user avatar
  • 213k
8 votes

Peanut butter - may contain peanuts

A peanut butter jar that lists the ingredients as peanuts, and then provides a warning right under it which says may contain peanuts. They don't, unless the manufacturer messed up. The allergy ...
jpa's user avatar
  • 350
6 votes

Liability of products that are inherently risky (e.g. skateboard)

germany Product Liability is covered by Produkthaftungsgesetz (Gesetz über die Haftung für fehlerhafte Produkte). As you can see from the German title, it's laws about liability for defective products....
nvoigt's user avatar
  • 8,156
5 votes
Accepted

Traffic accident due to LIDAR jamming

We won't be sure until we get there. Part of the problem of predicting how it will play out is that we don't know enough about how the two technologies interact with each other to know how material ...
ohwilleke's user avatar
  • 221k
4 votes
Accepted

Do I need to take any legal precautions for my stock prediction app?

Here be dragons Financial services regulation is very complicated. Non-compliance can have severe consequences. Professional legal counsel could assist in navigating the complex web of law, regulation,...
Sellis's user avatar
  • 476
4 votes
Accepted

Anonymous manufacturers

Sort of. In the US, an example of a labeling requirement is 16 CFR Part 1101. In certain circumstances, there must be "public disclosure of information from which the identity of a manufacturer ...
user6726's user avatar
  • 215k
4 votes

Peanut butter - may contain peanuts

Writing "may contain peanuts" on a jar of peanut butter appears to be an error and a violation of FDA rules. According to the FDA's Food Allergies information sheet: Consumers may also see ...
David42's user avatar
  • 141
4 votes

Liability of products that are inherently risky (e.g. skateboard)

france There’s a statute for that: article 1245-3 of the civil code Un produit est défectueux au sens du présent chapitre lorsqu'il n'offre pas la sécurité à laquelle on peut légitimement s'attendre. ...
KFK's user avatar
  • 1,479
3 votes
Accepted

Do objects in the public view need licencing?

You can take pictures of public buildings and use them in your game, if you want. You cannot copy pictures (of anything) taken by someone else without the copyright owner's permission, so you need ...
user6726's user avatar
  • 215k
3 votes

My hard drive data was lost during a software upgrade; can I sue?

By clicking "accept" on the software license, you waived your rights to sue for damages. But you can go to the support forums and make an issue of what happened; Apple - like most companies - doesn't ...
BlueDogRanch's user avatar
  • 18.9k
3 votes

Peanut butter - may contain peanuts

south-africa Allergy warnings are mandated by government on all mass produced foodstuffs. It is mandatory regardless of how redundant such warnings may be. It is also generally useful. I'm lactose ...
Neil Meyer's user avatar
  • 5,017
3 votes

Given the success of asbestos and tobacco lawsuits, would one against producers of leaded gasoline potentially succeed?

united-states Overcoming statutes of limitations, and proving that the health conditions that someone is suffering were caused by leaded gasoline, would be extremely daunting barriers to any lawsuit ...
ohwilleke's user avatar
  • 221k
2 votes
Accepted

Using Lithium-poly battery in a commercial product

We cannot competently advise you about the safety of your product. Nor can we give you specific legal advice, that is, we can't promise you that you won't get sued if the product blows up and someone ...
user6726's user avatar
  • 215k
2 votes

Legal requirements to build exercise equipment?

There is no California law requiring you to have a license to make things. Building power lifting racks is not a regulated business so there are no specific certification or licensing requirements (...
user6726's user avatar
  • 215k
2 votes

My hard drive data was lost during a software upgrade; can I sue?

Almost surely not. The waivers and disclaimers of liability associated with software from a company like Apple Inc. almost surely insulate them from legal liability. At most you might get a refund of ...
ohwilleke's user avatar
  • 221k
2 votes
Accepted

What is the EU definition of a small part for children under 3?

The quote from the directive looks like it points to the specification you have in mind. EU directives are usually freely available, but EN standards are subject to copyright and are normally ...
ItWasLikeThatWhenIGotHere's user avatar
2 votes

Can you start a product line with ingredients used in a different product

It sounds like you're not proposing purchasing the ingredients in Selsun Blue, but Selsun Blue itself. This changes the nature of your question. What you are making is more akin to a derivative work. ...
Parker Gibson's user avatar
2 votes

Stochastic legal liability

As I understand your question, it is about evidence / proof and not legal liability. We can divide the issue into two parts, criminal law and tort law, since the standards of proof are different. In ...
user6726's user avatar
  • 215k
2 votes

Does a company have to disclose a data breach as part of the agreement with the SEC to be publicly traded?

Applicable Law There are (at least) two levels of regulation involved. At the state level, all fifty states and all or almost all U.S. districts and territories have enacted laws requiring ...
ohwilleke's user avatar
  • 221k

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