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An EULA, or "End User License Agreement", is a contract between the software user and the software publisher. It usually protects the interest of the software publisher, e.g. you can only use it on one computer; you may not alter it or distribute it without written agreement etc.
In this case, the EULA specifies tha... |
I can answer for the U.S., if that's helpful.
The general rule, in the United States, is that covenants not to compete are enforceable as long as they are reasonable. What constitutes "reasonable" varies from state to state.
Factors considered generally include:
* What kind of actual harm will come to the busi... |
An EULA, or "End User License Agreement", is a contract between the software user and the software publisher. It usually protects the interest of the software publisher, e.g. you can only use it on one computer; you may not alter it or distribute it without written agreement etc.
In this case, the EULA specifies tha... |
![Screencap of a Simpsons episode showing Sprawl-Mart][1]
Often, when I watch TV shows, I'll see or hear about an imitation of a real brand name.
As an example, here is a parody of Walmart from The Simpsons
[1]: https://i.stack.imgur.com/lA8bY.png
The store in the picture is unambiguously supposed to repr... |
Is there a legal reason why fictional shows use imitation brand names? |
Under what circumstances am I obliged to show ID to a police officer? |
Say I make software and release it under [the WTFPL](https://en.wikipedia.org/wiki/WTFPL). Then, someone uses it and it causes their computer to catch fire. I did not design my program to catch their computer on fire, and in fact it might be too simple to do so. Still, they bring me to court. **Does the WTFPL offer any... |
Would the WTFPL hold up, legally? |
Short answer? No, the WTFPL offers no protection.
A software license is a contract between the software vendor and the end user defining the terms and conditions under which the end user is permitted to use the software.
Often, traditional software licenses contain terms that limit the vendor's liability. For exa... |
In most jurisdictions, it is illegal for anyone but a police officer (or other classes of first responders) to operate lights and sirens.
In other words, if the car has a light bar, or even a magnetic snap-on dome light, it is not "unmarked" in any reasonable sense of the word.
I guess the question, for me, is: w... |
What is jury nullification and what are its origins and history? What actions by a juror would be considered nullification? |
Let's assume I have a ship flagged in a country where certain activities are legal but are not in most of other countries (like, for instance, drug use or prostitution are in Netherlands). Let's assume again that I fullfill every aspect to lawfully carry on with those actions in the country's flag. Can I anchor the shi... |
Quoting from [here](http://law2.umkc.edu/faculty/projects/ftrials/zenger/nullification.html),
> Jury nullification occurs when a jury returns a verdict of "Not Guilty" despite its belief that the defendant is guilty of the violation charged. The jury in effect nullifies a law that it believes is either immoral or wro... |
"*Malum In Se*" and "*Malum Prohibitum*" are Latin phrases, but beyond their translations what differences do they carry with them in describing laws?
- *Malum In Se* meaning "That which is wrong in itself"
- *Malum Prohibitum* meaning "That which is wrong because it is prohibited" |
If a testator makes a will while living in England, to what extent will it be valid if the testator—
- permanently moves to Scotland, and
- subsequently dies there without making a further will? |
Is an English will valid if the testator dies while living in Scotland? |
Since [laptop and other electronic device seizures at US borders](https://www.aclu.org/government-data-about-searches-international-travelers-laptops-and-personal-electronic-devices) became legal without a warrant (including making copies of data), [7% of ACTE's business travelers reported being subject to a seizure as... |
What rights do foreigners have when the CBP wants to search their laptop? |
I'm not going to comment on the specifics of this law; rather, I think this question shows a misconception of the way the legal system works in general.
Here's the question: do you actually have "legally privileged" material on your phone? If not, what's keeping you from claiming that is that it's not true, and lyin... |
Judges in US courtrooms famously use a gavel at appropriately dramatic points in a trial. If a judge fails to use a gavel, or uses it at the wrong moment, is this legally significant? Or is the gavel purely ceremonial? |
Does the gavel have a legal significance, or is it purely ceremonial? |
Quoting from [here](http://law2.umkc.edu/faculty/projects/ftrials/zenger/nullification.html),
> Jury nullification occurs when a jury returns a verdict of "Not Guilty" despite its belief that the defendant is guilty of the violation charged. The jury in effect nullifies a law that it believes is either immoral or wro... |
In the United States, is belief in jury nullification generally a valid reason to challenge a jury for cause? |
There are three questions relevant to this issue:
1. Who owned the copyright in the first place?
2. Was the copyright transferred?
3. If not, was a license given to the site to use the content?
In general, under most countries' laws, the person who creates an original work owns the copyright. The person with th... |
I have a recollection that late in the 20th century in the United States, A called B a "bastard." B sued A for defamation.
The court ruled in favor of the defendant. Its first observation was that (at the time) one of out every four American children was born out of "wedlock," (the literal meaning of "bastard.") The... |
How is "defamation" defined? |
Suppose I am a particular person who maintains a clean and orderly residence. I have a sign inside my front door asking visitors to remove their shoes before entry. Now some LEOs show up with a search warrant for the residence. Is there any obligation for them to respect my property and order? For example, once the... |
Are there any remedies for abusive or insulting behavior by agents executing a search warrant? |
I'll start with [The Encyclopedia Britannica](http://www.britannica.com/EBchecked/topic/721897/legal-education).
The (ancient) Romans had schools of rhetoric, which was largely informal when compared to the current legal education system. Tiberius Coruncanius gave legal classes in the 3rd century, but they would hav... |
Suppose I am a particular person who maintains a clean and orderly residence. I have a sign inside my front door asking visitors to put booties over their shoes before entry. Now some LEOs show up with a search warrant for the residence. Is there any obligation for them to respect my property and order? For example... |
The rationale for the [American rule][1], as I understand it, is that you should be able to file a lawsuit that you think has merit without having to worry that you might lose and be on the hook for the other side's expensive lawyers.
In [loser pays][2], on the other hand, you could be on the hook if you decide to l... |
I know in general that [stare decisis][1] effectively means that once a court rules on a law that other courts can use that decision when considering their cases. But why is that the case, how is it applied, and why are court reluctant to go against the precedence set in another case?
[1]: https://www.law.corne... |
What is stare decisis? |
I've heard people use the terms libel and slander interchangeably, but I know that they are different in the eyes of the law. What are the defining characteristics of each? |
Please edit this post if any errors exist. Under attorney-client privilege, a lawyer can report a client, only if the lawyer suspects that a client shall commit an imminent crime. But what if the lawyer is unsure whether a crime has truly been committed? Here's the hypothetical:
>A practitioner of vigilante justice,... |
What must a lawyer do, if unsure whether a client commited a crime? |
Stare decisis is more than just the authority for later decisions to refer to previous ones, it's to a certain degree, an obligation to. Which is to say, that as a rule, judges (and more often than not their clerks) will spend a lot of their time looking through old cases in order to find out what *case law* has decide... |
Please edit this post if any errors exist. Under attorney-client privilege, a lawyer can report a client, only if the lawyer suspects that a client shall commit an imminent crime. But what if the lawyer is unsure whether a crime has truly been committed? Here's the hypothetical:
>A client claims to her lawyer that s... |
In theory an LLC (Limited Liability Company) offers a level of protection for the owner if being sued.
I want to buy houses and rent them out, I have some fear of being sued by tenants in the future (no particular concern, but I live in the USA (United Sue of All).
What if any, greater protection does having an... |
In Pennsylvania is there more legal protection in forming a LLC as opposed to operating as sole proprietor? |
For the first question, assuming EU legislation being applicable here, [EU regulation No 1896/2006 of 12 December 2006 on creating a European order for payment procedure][1] may be relevant, foreseeing a unified procedure for payment claims.
On the second one, the answer is likely to be found in [EU regulation No 1... |
There is a commonly held belief that an unqualified member of the public takes a legal risk in giving emergency first aid in case the patient dies or is injured as a result. This theory invariably refers to some unnamed US case where a passer-by attempted CPR on the victim of a heart attack, was unsuccessful, and was s... |
Is there a legal risk in giving emergency first aid? |
Under attorney-client privilege, if the lawyer suspects that a client shall commit an imminent crime, the communications is not privileged. But what if the lawyer is *unsure* whether the crime is about be committed? For example:
>A client informs their lawyer that they have killed someone through torture
(for exa... |
Does "furtherance of a crime" exception to attorney–client privilege apply if the attorney is unsure? |
I'll start with [The Encyclopedia Britannica](http://www.britannica.com/EBchecked/topic/721897/legal-education).
The (ancient) Romans had schools of rhetoric, which was largely informal when compared to the current legal education system. Consul Tiberius Coruncanius gave legal classes in the 3rd century, but they wo... |
Stare decisis is more than just the authority for later decisions to refer to previous ones, it's to a certain degree, an obligation to. Which is to say, that as a rule, judges (and more often than not their clerks) will spend a lot of their time looking through old cases in order to find out what *case law* has decide... |
Prior to the [executions of drug smugglers in Indonesia](http://www.cnn.com/2015/04/28/world/gallery/indonesia-executions-bali-9-firing-squad/index.html) earlier this year, Australian officials had pressed for a delay in the executions, due to a last-ditch appeal in the [Constitutional Court of Indonesia](http://en.wik... |
What happens if an executed person is acquitted in the Indonesian Constitutional Court? |
What is jury nullification? |
The text of SB-1341 bill (just introduce to the US Senate) is available [here][1].
##Summary
As far as I understand it, researchers are unable to connect student-level data to any other outcomes (e.g., academic, social, etc.). Student-level data can be test scores and survey data about any number of topics (e.g., ... |
What is the purpose of SB-1341? |
Does SB-1341 prohibit educational research entirely? |
The text of SB-1341 bill (just introduce to the US Senate) is available [here][1].
##Summary
As far as I understand it, researchers are unable to connect student-level data to any other outcomes (e.g., academic, social, etc.). Student-level data can be test scores and survey data about any number of topics (e.g., ... |
What happens if the Indonesian Constitutional Court rules in favor of an executed person? |
Ideally, all possible scenarios are covered in the lease contract or rental agreement. Some things are not mentioned, however, and these can inevitably cause friction.
What actions can be taken if something happens that isn't covered by the lease? What options do I have?
I know the following:
- Try to work ... |
How to handle an issue not covered by the renter's agreement? |
In what year was the first student-edited law review published, and which institution was it published by?
For this question consider a law review to be:
>"[a] periodic publication of most law schools containing lead articles on topical subjects by law professors, judges or attorneys, and case summaries by law re... |
As far as I'm aware, if you're writing an article on a movie (or something similar), you can use screenshots and such from the movie to illustrate your points under fair use law. Example: An article about StarWars's dvd artwork would allow the use of images of the covers.
From what I know of fair use, it's somewhat ... |
How far does fair-use apply for a source that contains several critiqued resources? |
[The PDF entitled 'Public Access Guidance for Lay Clients'](http://www.barstandardsboard.org.uk/media/1666529/3__the_public_access_scheme_guidance_for_lay_clients.pdf) (from [the Bar Standards Board](http://www.barstandardsboard.org.uk/regulatory-requirements/bsb-handbook/code-guidance/)) compares and contrasts Public ... |
For years Canada has been known as a Pirates safe haven, but copyright in Canada has been going under huge reform for the past few years, and it's been hard to keep up with all the changes. With the new updated copyright laws, is it legal to download movies from a site such as the Piratebay? What's the official policy? |
Is it legal to download movies in Canada? |
Suppose you pull up to an intersection and you want to make a turn, but there's a parking lot next to you that feeds out onto the same street you're trying to turn onto, or you're trying to pull out of a parking lot that is beside another that feeds onto the same street. Basically, if you have two cars that are pretty ... |
Who has the right of way at an intersection next to a parking lot in North America? |
In California Superior Courts, what would be some common grounds to ask the judge to sanction the opponent party?
Under what circumstances would such motions be granted, and how often do any such motions presently succeed? |
Can you pray for the opponent party to be sanctioned in California? |
The answer to this question may depend largely on where you live.
In Alberta everyone has access to the [Residential Tenancies Act][1], and are encouraged to resolve any issues themselves. If an agreement cannot be made with your landlord, the first thing you're advised to do is to talk with an Information Officer i... |
If a lawyer suspects that a client shall commit an imminent crime, then attorney-client privilege ceases and communication is not privileged. But what if the lawyer is *unsure* whether the crime is about be committed? For example, consider this hypothetical:
>A client informs their lawyer after killing someone thr... |
It appears that some states, for example, Wyoming, classify most traffic infractions as *misdemeanors*.
Does it imply that someone who has committed a 5 mph speeding in such a state is technically a full fledged *criminal*, whereas another person doing the same in a state like California never is? |
It appears that jurors are not allowed to be told that they can ignore the law and thus use their right to a procedure called jury nullification.
https://en.wikipedia.org/wiki/Jury_nullification#Canada
> The contrary principle contended for by Mr. Manning, that a jury may be encouraged to ignore a law it does no... |
How could jury possibly know about jury nullification? |
What is the limit of alcohol allowed in bloodstream to be prosecuted under drinking and driving case?
And what are the procedures used for intoxication testing (other than breathalyzer) while being pulled over? |
Suppose someone is accused of burglary. This person is asked to appear in civil court regarding an unrelated event that occurred at the same time as the burglary but in a different location.
If the person is pleading the fifth in the criminal proceedings (or plans to), can this person decline to answer questions in ... |
Does the US Fifth Amendment only apply to criminal trials? Do any laws protect a person in civil court when testimony would implicate them in a crime? |
On sites such as this one, people are often concerned about non-lawyers "giving legal advice" or "practicing law without a license". What, exactly, constitutes such actions? I'm particularly interested in the situation in the United States, since that's where the StackExchange servers are. |
What constitutes giving legal advice? |
According to the California Vehicle Code, the thresholds for driving under the influence are:
* 0.04% BAC if [driving a commercial vehicle][4]
* 0.01% BAC if [under a DUI probation][5]
* 0.01% BAC if [the driver is under the age of 21][3]
* 0.08% BAC if [none of the above cases apply][4]
California law permits... |
In the state of California, what is the limit of alcohol allowed in bloodstream to be prosecuted under drinking and driving case?
And what are the procedures used for intoxication testing (other than breathalyzer) while being pulled over? |
All of Wikipedia's content is [licensed](https://en.wikipedia.org/wiki/Wikipedia:Copyrights) under the CC BY-SA, and Wikipedia [encourages](https://en.wikipedia.org/wiki/Wikipedia:Reusing_Wikipedia_content#Re-use_of_text_under_Creative_Commons_Attribution-ShareAlike) fulfilling the attribution requirement for CC BY-SA ... |
You aren't required to include the attribution **on** the image, you can include it somewhere else on the page, placing it directly below the image is preferred, but providing it at the end of a post is acceptable.
![enter image description here][1]
<sup>Image Capture: [Attributing Creative Commons Materials][2]. [... |
As far as I'm aware, if you're writing an article on a movie (or something similar), you can use screenshots and such from the movie to illustrate your points under *fair use* law.
**Example:** Under fair use, A blog article about StarWars's dvd artwork would allow the use of images of the covers in the piece.
*... |
In the IT/Programming security world, usually people contact the vendor/owner of a particular software if they find a bug or security vulnerability and give them time to patch it before releasing the bug or vulnerability for public scrutiny/awareness. This is usually as a courtesy thou unless you're bound by contract. ... |
By linking I meant to give exact instructions about how to find a specific page on the site, for a user with enough privilege. It can be a URL, or a demonstration of where you should click, etc.
The site don't have to be open to everyone. But they had no informations about their user's real identity. Everything they... |
Is it possible to disallow someone to link to specific pages on your site? |
Can you be liable for damages? Under [Tort Law][1], yes.
Let's assume someone developed a virus based on your code. The virus caused millions of dollars of damage. The plaintiff can argue that:
1. You have a [Duty of Care][2]
> to avoid acts or omissions which you can reasonably foresee are
> likely to inju... |
No.
You are correct in that this is not related to Copyright. Copyright is meant to protect *expressions of an idea*.
An URL is simply an address, like a street address. Can you legally stop people referring to your home address? No. Can you legally stop people from passing by and looking at your house on the str... |
The rationale for the [American rule][1], as I understand it, is that you should be able to file a lawsuit that you think has merit without having to worry that you might lose and be on the hook for the other side's expensive lawyers.
In [loser pays][2], on the other hand, you could be on the hook if you decide to l... |
I have software licensed under GPLv2, which I would like to relicense under GPLv2+. Unfortunately, I an unable to contact some of the contributors. Can I proceed, or am I stuck? |
What is a [Kangaroo Court][1]?
> A kangaroo court is a judicial tribunal or assembly that blatantly
> disregards recognized standards of law or justice, and often carries
> little or no official standing in the territory within which it
> resides. Merriam-Webster defines it as "a mock court in which the
> princi... |
What is a Kangaroo Court? |
Since licensing can only be done by the copyright holder, you generally need individual permission from each copyright holder to change the license of their code. (If the project is being re-licensed to the GPL from a [compatible license](http://www.gnu.org/licenses/gpl-faq.html#WhatDoesCompatMean), then no re-licensin... |
Since licensing can only be done by the copyright holder, you generally need individual permission from each copyright holder to change the license of their code. (If the project is being re-licensed to the GPL from a [compatible license](http://www.gnu.org/licenses/gpl-faq.html#WhatDoesCompatMean), then no re-licensin... |
In the IT/Programming security world, usually people contact the vendor/owner of a particular software if they find a bug or security vulnerability and give them time to patch it before releasing the bug or vulnerability for public scrutiny/awareness. This is usually as a courtesy thou unless you're bound by contract. ... |
There are two separate questions here, it seems to me.
First: are law enforcement officers required to respect your house rules and avoid making a mess? At least in the United States, the answer is unequivocally no. If the only "damage" suffered is that you need to sweep the floor, or put your clothes back in drawer... |
Following up on http://law.stackexchange.com/q/134/10 the more subtle question needs the following elaboration:
My impression is that as far as the law is concerned there is no such tort as "maliciously making a mess" or "unnecessarily desecrating an individual or his property" in the course of a LEO's official duti... |
Is there any remedy for unnecessary insult by police in the course of their lawful duties? |
Suppose I am not a professional lawyer but I have standing and want to bring a case to court pro se. To make this [widely applicable](http://law.stackexchange.com/a/42/10) and more readily answerable: [Suppose I want to file a 42 USC 1983 complaint in U.S. federal court for some violation of my fourth-amendment rights... |
What resources are available to a pro se litigant? |
Yes, parties can file motions for sanctions. In civil cases, this is one of two ways sanctions can be imposed, the other being the court filing a motion under its own authority ([Rule 2.30(c)](http://www.courts.ca.gov/cms/rules/index.cfm?title=two&linkid=rule2_30)). Likewise, sanctions under the Code of Civil Procedure... |
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