24

Asking as such is hardly ever illegal. Any stranger can ask you to pick up their kids from school, like you always can tell them where to go. What I guess you are actually asking is whether the PI can require you to do it. No they probably cannot: it would have nothing to do with the matter of your contract or nature of your professional relationship with ...


11

The Black and White In the USA -- and I imagine in most places -- employees are only contract-bound to carry out the terms of their contract. If you are not contracted to do a certain task, then you are not legally obligated to do that thing as part of your job. In short: it depends on the terms of the contract. The Gray Of course, no contract outlines every ...


7

united-states Procedures differ on such things. The closest I know of to an outcome of "not enough evidence" is the classic "scotch verdict" of "Not Proven. In the US, the prosecutor can wait to proceed with a criminal case while s/he does (or has done) as much investigation as s/he thinks is advisable. But once the trial starts, it normally proceeds to a ...


6

A government, in this case the Brazilian government, cannot effectively control what people, particularly people who are not its citizens, do in other countries. If people are able to obtain and ship outside of Brazil supplies of the plant, then the Brazilian government cannot stop them doing research on it. However, the Brazilian government can largely ...


5

According to the NIH, there are in fact a number of laws in the US regulating human research, as opposed to codes and conventions (although the majority does consist of the latter). 1962 - Milestone: Kefauver-Harris amendments to the 1938 Food, Drug, and Cosmetic (FD&C) Act, [Public Law 87-781; 76 Stat. 788-89] This amendment was important in ...


5

I'm assuming that you are in the UK, as you are talking about the British Standards Institue. In general the truth cannot be copyrighted but an expression of that truth can be, provided that it is creative or original to at least some extent. In this case the equations and constants you want to use are descriptions of scientific truths. If you translate them ...


4

If you wrote for example "I had thoughts about taking the axe from my garage and decapitating my neighbour", and your neighbour read that, he would reasonably be worried and contact the police. I would take that as a death threat, and the death threat is by itself illegal. There would be some range where I could claim that you were making a death threat and ...


4

You can’t do this LinkedIn ToS prohibit: b. Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services; c. Override any security feature or bypass or circumvent any ...


4

As the other answers have pointed out, you may be able to refuse to perform tasks not specified in your contract. However this will vary with jurisdiction, and most employment contracts are fairly vague and include catch-all terms along the lines of "the employee is expected to perform all tasks requested by their line manager". However, your PI is ...


4

Given the following: We know the name of the plaintiff, The name is likely to be unique so that there won't be too many cases involving a different party with the same name, and The plaintiff is a company so it is not likely to have been involved in an overwhelming number of cases (as opposed to e.g. the IRS); The approach I would use would be to search a ...


4

From my reading of the bill, and the manner in which it would amend the Family Educational Rights and Privacy Act, the changes do not prevent educational research, but rather, ensures that constraints are in place to prevent the identification of individual students as a result of that research. It also requires a student's parents to consent to such ...


3

This is a US-law answer. The Constitution protects various rights of individuals, and in general, there is no abrogation of your rights if you receive a benefit from government. Your presumption that taxpayers fully fund researchers and materials is incorrect, in the US, although there are some researchers whose salaries are entirely paid by taxes. So as a ...


3

How to refer to Supreme Court cases by just one name In general, subsequent references to a decision can be the first name in the caption of that case. As an example, you will notice that in the decision Rucho v. Common Cause, 139 S.Ct. 2484 (2019) the court makes an initial reference to Gill v. Whitford (at 2492), and thereafter most of the references to ...


3

We cannot dispense personalized legal advice: that is what your attorney is for. However, I agree with your analysis that this is most likely covered by fair use, and indeed it is not obvious that you have taken anything that is protected. There is no creativity behind a number such as entries in the "I did N pushups" column. The arrangement of ...


3

There is no fixed amount or proportion of a copyrighted text which may be quoted without infringement. Whether quoting without permission is a fair use (which is what this question asks) depends on the totality of the circumstances, including the purpose of the use, the effect of the use on the market or potential market for the original, and the nature of ...


2

General federal law: You can lend an unregistered, legal firearm to another person if you know, or reasonably believe, the other person is not "prohibited" from possessing firearms; and you don't believe the other person intends to use the gun to commit a crime. Some states require that transfers of some firearms between some categories of persons be ...


2

If you are an employee hired to program, your employer holds the copyright, as a "work for hire". So the main questions are, are you an employee, and is this work done in the scope of your employment? The fact that you did not receive a salary isn't entirely dispositive – I take it this was some sort of internship, where you receive academic credit. Under ...


2

(Another united-states answer) There really is no legal difference between the two cases you mention. The general principle in both cases is the same: an employee can spend her work time writing papers, and publishing them in paywalled journals, if and only if this is allowed by her employer and any applicable contracts. Beyond that, it's really a business ...


2

It first matters what country is involved, because the specifics of copyright law differ in terms of how research use is treated. Copying for research purposes is generally treated favorably, but there is no blanket "if it's research it's okay" exception. In the US, you would be relying on the concept of "fair use", a defense where the ...


2

-CCPA section 1798.105 provides in paragraph (d) (4) that: (d) A business or a service provider shall not be required to comply with a consumer’s request to delete the consumer’s personal information if it is necessary for the business or service provider to maintain the consumer’s personal information in order to: ... (4) Exercise free speech, ensure the ...


1

Open Source as defined by the Open Source Initiative is very much about being able to use the software freely, without purpose limitations. So your partner's lawyer is on point. I also like their suggestion of Apache-2, but that is a very business-friendly license. There are of course some open-source-ish licenses that do try to rule out some commercial ...


1

It looks like copyright infringement, unless you can defend your use as fair use. But you would have to defend such usage in court, therefore you should hire an attorney specializing in copyright litigation to get a more detailed analysis. The nuisance value of getting sued might dissuade you; but who would sue you? Probably the photographer(s) / artists: it'...


1

For the same reason that any other endeavor subsidized by the government can generally keep its profits. Farmers' subsidies don't entitle the government to the farmers' profits. Car manufacturer subsidies don't entitle the government to the car manufacturers' profits. And so on. The government subsidizes certain endeavors under the assumption that they ...


1

The doses of radiation are not unique identifiers. Should those numbers be transferred to a controller established in the EU (and thus to whom the GDPR applies), that controller may not identify the natural persons to whom the dosage pertained, without correlating each dosage with information held by the non-EU lab. As such, it is not personal data and the ...


1

What proportion of this text would they be able to release as preview or demonstration of the material without it being considered copyright infringement? That proportion of the full text of a work that you decide to use should be determined after you consult Fair Use | U.S. Copyright Office; it's going to be the research team's judgement call as to how ...


1

Generally, no; copyright is an exclusive right to copy a particular expression of information. Making use of that information isn't a violation of copyright. (Although citing a source like this isn't required by law, it is required by academic ethics; if the creator of the new program is involved in academia, she can potentially expect to be fired from her ...


1

Under the TESS "Free Form search" you can specify one or more design codes (chosen from the USPTO online catalog of them) with or without "design description" fields, and display the resulting images in a matrix by clicking "image list" on the "results" page. For instance, searching by 080112[DC] results in 1,616 records having designs containing the image ...


1

Would using short clips (8-15 seconds) of songs embedded in online surveys for market research fall under fair use? No If not, what type of music license would be required for this application? A public performance licence: see https://www.easysonglicensing.com/pages/help/articles/licensing-music/music-licensing-for-public-performance.aspx Would ...


1

https://books.google.co.nz/books?id=I_mLdBpi7eUC&pg=PA133&lpg=PA133&dq=ancient+roman+law+contracts+responsibility+and+guilt&source=bl&ots=gz8A-IWnQP&sig=M7wOiZxbRKqRm5ZhMO5noDJ21tw&hl=en&sa=X&ved=0CDQQ6AEwBWoVChMIpvHHjL-HyQIVgSyUCh0U3gO4#v=onepage&q=contract&f=false I had a bit of a search but don't really know ...


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