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Jurisdiction is generally a matter for courts to decide. For example, in [*Kernel Records Oy v. Mosley, 694 F. 3d 1294* (2012)][1], the plaintiff, having had their work published in Sweden, had filed a claim there, and lost. They then took the claim to the United States. Copyright infringement is generally actionab...
Jurisdiction is generally a matter for courts to decide. For example, in [*Kernel Records Oy v. Mosley, 694 F. 3d 1294* (2012)][1], the plaintiff, having had their work published in Sweden, had filed a claim there, and lost. They then took the claim to the United States. Copyright infringement is generally actionab...
Do you have an explicit permission by the artist? Does the artist give a blanket permission to anyone which covers this kind of use of their work (a license)? If no, then you commit a copyright violation when you use their work for your blog. This applies to practically any country which signed the [Berne conven...
Copyright vests in the photographer that takes the photograph, or their employer. If the subject of a photograph does not own copyright over the photograph, then they can't bring a claim of copyright infringement against you. The DMCA safe harbors only protect you against copyright infringement claims. Further, pers...
Yes, this is correct. The Care Quality Commission is the regulatory body that oversees the adherence of private medical practitioners to health industry standards, regulations and laws. The [Health and Social Care Act 2008](http://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/legis/num_act/2008/ukpga_20080014_en_1.html)...
As I understand it (and please correct me if I am wrong), (the law in many if not all U.S. states) classifies driving offenses into at least two categories. ***Primary offenses*** are offenses which authorize the police to stop and ticket a driver. All other offenses require the officer to cite a primary offense during...
Where can I get a list of driving "primary offenses?"
From what I understand, bullying happens when someone is harmed through an online system that puts them in contact with other users, sometimes masking their identities. From Wikipedia: "Cyberbullying is defined in legal glossaries as: -actions that use information and communication technologies to support deli...
Can Stack Exchange's down-voting system be considered online bullying?
Where I live the law doesn't require a renter to fill out a contract. If a renter paid the damage deposit, and rent, and upon leaving the landlord refuses to return the damage deposit, how can the renter prove that he did in fact live there in court? Even if rent and damage deposit was paid through internet etransfer, ...
Copyright vests in the photographer that takes the photograph, or their employer. If the subject of a photograph does not own copyright over the photograph, then they can't bring a claim of copyright infringement against you. The DMCA safe harbors only protect you against copyright infringement claims. Further, pers...
I signed up for a membership service with an HVAC company some time ago, and I've now decided its time to cancel my membership due to lack of use. There isn't a nearby customer center where I live, so I attempted to cancel the membership a few times by phone. I soon caught on that the company doesn't intend to cance...
How to prove a party received a specific letter?
It's true that you can't prove what was in the envelope. But assuming this ends in small claims court or some sort of collections action lets play out how it works. The company is going to claim that they never got notice of cancellation. They will plead ignorance so they won't have any evidence of what you didn't se...
I currently own 30% of an LLC in the state of Connecticut, USA. The LLC currently has a total of 2 members, meaning another person holds the remaining 70% which I would like to purchase. Where could I find a template of a legal contract to purchase the remaining membership interest? I have looked online for a while ...
Yes, this is correct. The Care Quality Commission is the regulatory body that oversees the adherence of private medical practitioners to health industry standards, regulations and laws. The [Health and Social Care Act 2008](http://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/legis/num_act/2008/ukpga_20080014_en_1.html)...
Yes, this is correct. The Care Quality Commission is the regulatory body that oversees the adherence of private medical practitioners to health industry standards, regulations and laws. The [Health and Social Care Act 2008](http://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/legis/num_act/2008/ukpga_20080014_en_1.html)...
From what I understand, bullying happens when someone is harmed through an online system that puts them in contact with other users, sometimes masking their identities. From Wikipedia: "Cyberbullying is defined in legal glossaries as: * actions that use information and communication technologies to support delib...
I was recently offered my first position as a junior web developer and was simultaneously notified that I would need to sign an NCC. After some research, I'm starting to feel skeptical about the position (plus it was through Craigslist) and some articles that I have been reading think that it is morally wrong. I rea...
If I am approached by a store detective and accused of stealing something can they search my bag without my consent? Or putting this another way, can I insist that any search be done by the police and refuse to cooperate until the police arrive? I'm specifically interested in the situation in the UK, though the situ...
Can a store detective search my bag without my consent?
If I am approached by a store detective and accused of stealing something can they search my bag without my consent? Or putting this another way, can I insist that any search be done by the police and refuse to cooperate until the police arrive? I'm specifically interested in the situation in the UK, though the situ...
I'd like an XML file of the Affordable Care Act (aka Obamacare), Public Law 111–148. I found plain text files, but those are not helpful, nor are the PDF files. I really need the XML file. I tried [FDsys][1], no joy. I had high hopes of finding it at [Library of Congress][2], directory listing for the 111th, no...
From what I understand, bullying happens when someone is harmed through an online system that puts them in contact with other users, sometimes masking their identities. [From Wikipedia](https://en.wikipedia.org/wiki/Cyberbullying#Distinctions): > Cyberbullying is defined in legal glossaries as > * actions that...
Not all non-compete clauses are the same. They can range from completely reasonable precautions to bordering on legally enforced slavery. Things you need to look at: * How long does the non-compete restriction apply? * Does it still apply after you fired the client or the client fired you? * To which kinds of a...
Not all non-compete clauses are the same. They can range from completely reasonable precautions to bordering on legally enforced slavery. Things you need to look at: * How long does the non-compete restriction apply? Does it still apply after you fired the client or the client fired you? * To which kinds of acti...
Not all non-compete clauses are the same. They can range from completely reasonable precautions to bordering on legally enforced slavery. Things you need to look at: * How long does the non-compete restriction apply? Does it still apply after you fired the client or the client fired you? * To which kinds of acti...
The Library of Babel is a database of millions of random strings of text. Among this randomness, passages from other sources inevitably appear, such as the book of Genesis or works by Shakespeare, or [this question][1]. You can also search the library for specific strings. If a copyrighted work appears in the datab...
Is the "Library of Babel" violating copyright?
While @jqning is absolutely correct in stating that truth is always an "absolute defense" to a claim of defamation, keep in mind that truth can be a subjective thing. What is your version of the truth may not be mine, and this is with regard to the same exact experience. Also, the second statement, while typically reg...
[§ 5 of the Telemediengesetz (German)](http://www.gesetze-im-internet.de/tmg/__5.html) lists what, for instance, website providers have to include in the typically called [*Impressum*](https://en.wikipedia.org/wiki/Impressum#Webpages) of the website. The second sentence of (1) is: > Angaben, die eine schnelle ele...
Is "elektronische Post" (§ 5 Telemediengesetz) necessarily email?
While @jqning is absolutely correct in stating that truth is always an "absolute defense" to a claim of defamation, keep in mind that truth can be a subjective thing. What is your version of the truth may not be mine, and this is with regard to the same exact experience. Also, the second statement, while typically reg...
In a situation where: 1. John takes out a mortgage on a house at 55 main street by him self (Only John appears on the mortgage). 2. John puts himself and Mike (One of his grandchildren) on the deed/title for the house. 3. John dies while still owing 80% of the mortgage. Does the estate of john have an obligatio...
In a situation where: 1. John takes out a mortgage on a house at 55 main street by him self (Only John appears on the mortgage). 2. John puts Mike (One of his grandchildren) on the deed for the house so that it transfers to him upon death. 3. John dies while still owing 80% of the mortgage. Does the estate of j...
In a situation where: 1. John takes out a mortgage on a house at 55 main street by him self (Only John appears on the mortgage). 2. John puts Mike (One of his grandchildren) on a Deed of Gift for the house so that it transfers to him upon death. 3. John dies while still owing 80% of the mortgage. Does the estat...
As I understand it (and please correct me if I am wrong), (the law in many if not all U.S. states) classifies (non-moving) driving offenses into at least two categories. ***Primary offenses*** are non-moving violations which authorize the police to stop and ticket a driver. All other offenses require the officer to ...
As I understand it (and please correct me if I am wrong), (the law in many if not all U.S. states) classifies (non-moving) driving offenses into at least two categories. ***Primary offenses*** are non-moving violations which authorize the police to stop and ticket a driver. All other offenses require the officer to ...
> Suppose a police officer has probable to arrest me, based on evidence in plain sight. He want to initiate a search pursuant to arrest. > Before the officer can detain me, I put the (alleged) evidence in a place where it is accessible, but if accessed incorrectly the evidence is permanently destroyed (or rendered u...
While @jqning is absolutely correct in stating that truth is always an "absolute defense" to a claim of defamation, keep in mind that truth can be a subjective thing. What is one person's version of the truth, may not be another's, even with regard to the same exact experience. Also, the second statement, while typica...
Short Answer = > **Over $10k? Hire a lawyer.** (They're well worth the money in this case.) Explanation - If I were you and the total value of the shares you're going to purchase is, say, **over $10,000**, I would definitely have a lawyer draft all of the paperwork for you. And handle the closing of the sale. ...
Who is Liable for the Satisfaction of the Mortgage Debt Pursuant to Deed of Gift when Grantor Dies - Estate of Grantor or Beneficiary?
It is worthwhile I think to see how this works in a different jurisdiction. In **Australia** [all land titles][1] are based on the [Torrens][2] principle of registration, that is, the information held by the registrar in each state or territory is definitive and the state is responsible for any errors that it makes ...
[This page](https://support.google.com/websearch/answer/2744324?hl=en) on Google's removal policies states that the information they really make an effort to remove are: - Government IDs of any kind - Financial information (routing numbers, credit/debit card numbers, etc.) - Nude or otherwise personally explicit p...
Short Answer = > **Patenting a golf swing might be problematic.** Explanation - Apparently, the field of ***Sports Patents*** is an emerging area of the law. I will re-introduce [this 2005 Harvard Law Journal piece][1] @jqning referenced in his comment. So maybe it's too soon to say how any prospective patent on...
Short Answer = > **Patenting a golf swing might be problematic.** Explanation - Apparently, the field of ***Sports Patents*** is an emerging area of the law. I will re-introduce [this 2005 Harvard Law Journal piece][1] @jqning referenced in his comment. So maybe it's too soon to say how any prospective patent on...
My brother in law died recently, we had very little interaction with him in the past 4 year. He himself was a guy from countryside Lithuania and not a very technology educated. He lived for past four years (and died) in Britain and had no spouse. His closest relatives are parents who live in the countryside Lithuania a...
Hypothetically, what legal standing would an individual who does not own a VW car have to sue VW for damage to health? As someone who suffers from respiratory issues, it seems that VW has likely contributed to the decline in my health in some way by having its cars emit 40x the legal limit of some pollutants known t...
Can I sue VW for damage to my health?
We are working on a medical app for Children ( of course parent's will access the application ). My question is, it lawful to store childrens' health records on a webserver? My client says its illegal; that we should always store the data on a remote local server where to protect the minor's protected information...
I'm having trouble understanding the copyright law when registering one 2D character. I understand that a 2D character is an illustration, so it falls under "Work of the Visual Arts." But I'm confused on the part that says "Are you registering one work (one song, one poem, one illustration, etc.)? Check '' NO '...
In example: If someone sells homemade ice cream where they have crumbled oreos and mixed in to make homemade Oreo ice cream, but generically named "Cookies & Cream" or If someone uses Great Value knockoff of M&Ms in their homemade cookie dough, and sells it as something like "Rainbow Chip Cookies" Is this l...
Is it legal to sell something that uses another product as one of its ingredients?
We are working on a medical app for children. (Of course parents will access the application.) Is it lawful to store children's health records on a webserver? My client says it's illegal; that we should always store the data on a remote local server to protect the minor's protected information. Is this the ca...
In example: If someone sells homemade ice cream where they have crumbled oreos and mixed in to make homemade Oreo ice cream, but generically named "Cookies & Cream" or If someone uses Great Value knockoff of M&Ms in their homemade cookie dough, and sells it as something like "Rainbow Chip Cookies" Assuming ...
*Is there any consumer protection against the manufacturer repeatedly replacing items under warranty until the customer simply gives up?* There are two implied warranties that people should knno about - fitness for a particular purpose and merchantabilty. You are concerned with merchantability. The implied warranty ...
I have a gadget that I purchased ($150), and it's in warranty. I like the item's concept, but it's defective (occasional electronics failure). After doing some research I realized it's a widespread problem due to a move in manufacturing to China. (I don't really have a major issue with items made in China, as long as t...
Is there a "lemon law" that applies to product lines?
Many people sit around and nitpick about wording that's added or subtracted. They have many terms for this but its essentially **everything** they get you to agree before they allow you to use a web service or deploy-able software. However - how does each individual version of these agreements carry over in continui...
In a situation where: 1. John takes out a mortgage on a house at 55 Main Street by himself (i.e., only John appears on the mortgage). 2. John puts Mike (one of his grandchildren) on a Deed of Gift for the house so that it transfers to him upon death. 3. John dies while still owing 80% of the mortgage. Does the ...
While @jqning is absolutely correct in stating that truth is always an "absolute defense" to a claim of defamation, keep in mind that truth can be a subjective thing. What is one person's version of the truth, may not be another's, even with regard to the same exact experience. Also, while "statements of opinion are n...
In Scotland there are three verdicts available in criminal trials: guilty, not guilty, and [not proven][1]. In modern use there is no practical difference between not guilty and not proven: the defendant is acquitted in both cases. Has there ever been a case where a verdict of *not proven* ended up having a differe...
The people on the show would be considered public figures, so if there was information that the fictitious writing was actually based on/about them, defamation must be proven to a different standard for public figures. Public figures, including officeholders and candidates, actors or musicians successful enough to be ...
I would like to know if you could help me define which school influenced this decision? A couple of Brazilians living in the United States had to appeal to the High Court of Justice of Brazil to ensure the right to divorce in Brazil because in the previous decisions it was denied because even though thye married in Br...
The people on the show would be considered public figures, so if there was information that the fictitious writing was actually based on/about them, defamation must be proven to a different standard for public figures. Public figures, including officeholders and candidates, actors or musicians successful enough to be ...
I'm learning to play an instrument and I would like to transcribe the songs I heard for later practicing. I have some questions regarding transcribing music and the legality of using musical transcription: 1. Is it legal for me to transcribe a copyrighted song? 2. Do I need permission to sell or give away my musi...
There was a rather remarkable case that ultimately changed what is allowed to be patented in the US. [Diamond v. Chakrabarty](https://en.wikipedia.org/wiki/Diamond_v._Chakrabarty) concerned the patenting of GMOs and found that Congress intended for "anything under the sun that is made by man" to be patentable. In [t...
Does a foreigner (in this case a student from Ukraine) need an official invitation to visit the United States temporarily as a tourist (more specifically not as an immigrant)? Is there anyway an official invitation would help, or alternate method for obtaining a visa that requires an official invitation? I'm just g...
Does a foreigner need an official invitation to visit the United States as a tourist?
Does a foreigner (in this case a student from Ukraine) need an official invitation to visit the United States temporarily as a tourist (more specifically not as an immigrant)? Is there any way an official invitation would help, or alternate method for obtaining a visa that requires an official invitation? I'm jus...
Yes, it is legal to sell something that uses another product as one of its ingredients. And yes, you can include the name of the product in the ingredients list. That said, if you do it and are successful enough you will probably get a cease and desist letter! The Supreme Court held a long time ago in [Prestonettes,...
From the patent angle, you will need to make sure that you are not infringing on a patented swing. That should be pretty easy at present because golfers are not patenting their swings. What Mowzer says about public disclosure probably has something to do with this. However, at least on golfer patented a swing: [![en...
It is worthwhile I think to see how this works in a different jurisdiction. In **Australia** [all land titles][1] are based on the [Torrens][2] principle of registration, that is, the information held by the registrar in each state or territory is definitive and the state is responsible for any errors that it makes ...
Let's say you are laid off with a month of severance. In the second week of the severance period, you take up a temp job hanging drywall or something like that, that pays you 1099 with no benefits, and do it that week only. This job is not proper employment with all the strings attached, just like if someone paid you...
Let's say you are laid off with a month of severance. In the second week of the severance period, you take up a temp job hanging drywall or something like that, that pays you 1099 with no benefits, and do it that week only. This job is not proper employment with all the strings attached, just freelancing. Are you ...
Hypothetically, what legal standing would an individual who does not own a Volkswagen car have to sue Volkswagen for damage to health? As someone who suffers from respiratory issues, it seems that Volkswagen has likely contributed to the decline in my health in some way by having its cars emit 40x the legal limit of...
Can I sue Volkswagen for damage to my health?
This is a trick question. Brazil has no such High Court of Justice. The highest appellate court is the Superior Court of Justice. That should be worth at least a few points. **Is it possible to say that the decision of the High Court of Justice was influenced by the French school of 16th century with the theory of D...
We have a marketplace website that allows buyers to purchase content from sellers. We then pay out the seller's balance after 30 days. Our payment processor is requiring us to have an escrow license since we hold funds. We are in California and on the website on how to apply for a license http://www.dbo.ca.gov/Licen...
Does my company need an escrow license if we are a marketplace website?
We have a marketplace website that allows buyers to purchase content from sellers. We then pay out the seller's balance after 30 days. Our payment processor is requiring us to have an escrow license since we hold funds. We are in California and on the website on how to apply for a license http://www.dbo.ca.gov/Licen...
From the same page: >Q: Has the department of business oversight taken any action against unlicensed internet escrow agents that are offering and/or providing escrow services over the internet to California residents that are located outside of California? >A: Yes. Please refer to the Department of Corporations [...
I live and work in Texas. I have had increasing neck and back issues since starting my job, and I recently visited a doctor to try and diagnose the issues. The doctor said that the injury is most likely caused by repetitive strain, and from what I gather the strain is related to movements I perform at work. I fee...
How do I determine if my injury is work-related? Next steps?
The District Court of California recently ruled that [Warner/Chappell Music do not hold the rights to the 'Happy Birthday' song lyrics](http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=2056&context=historical). Given that Warner/Chappell have been pursuing and collecting royalties for the song for some ...
Can Warner/Chappell be sued for royalties paid to them for the 'Happy Birthday' song?
The District Court of California recently ruled that [Warner/Chappell Music do not hold the rights to the 'Happy Birthday' song lyrics](http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=2056&context=historical). Assuming that this is not overturned, and given that Warner/Chappell have been pursuing and c...
Can Warner/Chappell be sued to recover royalties paid to them for the 'Happy Birthday' song?
I have an LLC that I created about 8 years ago purely for tax purposes. I was self-employed at the time, and I thought by having an LLC, I could write off a bunch of expenses, and save on self-employment taxes. Anyway, I almost never used it, and it's just been sitting there, useless. I just got a certificate of revoca...
Should I Reinstate My Business In Order To Dissolve It?
From the patent angle, you will need to make sure that you are not infringing on a patented swing. That should be pretty easy at present because golfers are not patenting their swings. What Mowzer says about public disclosure probably has something to do with this. However, at least one golfer patented a swing: [![e...
The District Court of California recently ruled that [Warner/Chappell Music do not hold the rights to the 'Happy Birthday' song lyrics](http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=2056&context=historical). Assuming that this is not overturned, and given that Warner/Chappell have been pursuing and c...
Copyright vests in the photographer that takes the photograph, or their employer. If the subject of a photograph does not own copyright over the photograph, then they can't bring a claim of copyright infringement against you. The DMCA safe harbors only protect you against copyright infringement claims. Further, pers...
I mean, if I host government form or any other free forms on my website just for collection. Will I face any issue? So that I can find all the forms in single place, and use whenever I want. But Is it ok to host? I live in India.
Can I host Goverment forms or any bank's accout opening or other forms that are available for free on my website? It is legal?
If cops are responding to a **known** fraudulent prescription, ask the pharmacist to stall the subject until they arrive so they can arrest the subject, but, instead of making the arrest for attempt to obtain by fraud, direct the pharmacist to fill the **known** fraudulent prescription in order to arrest the subject fo...
My family member believes that DriveTest (the driving test agency for Ontario in Canada) failed him unfairly and wrongly. DriveTest and Ministry of Transportation rejected his appeals, but no due and fair process was given. He has written evidence proving DriveTest's faults, because in one email, a DriveTest employee ...
How can you sue DriveTest (driver testing operator in Ontario)?
My family member believes that [DriveTest](http://www.drivetest.ca/EN/Pages/default.aspx) failed him unfairly and wrongly. He appealed to DriveTest and Ministry of Transportation, but they biasedly swear by the examiner's submissions, dismissed his submissions without independent evidence, and thus rejected his appeals...
If you want to take legal action you would need to refer to the actual legislation and case law that deals with driving licences and tests in particular. The administrative government must comply with the law and you can seek to make them do so through the courts or any administrative appeals tribunal that Ontario may ...