instruction
stringlengths
15
30k
I run a website and recently had a small legal dispute with content posted by a user. A copyright owner wanted me to remove content, I acknowledged the request, requested for proof of ownership, confirmed ownership, removed the infringing content and the copyright owner left me alone. I'm happy to remove infringing ...
In the U.S. the Constitution has been interpreted as requiring that anyone arrested be allowed, at their request, to consult with a lawyer before being questioned, and to have one present during questioning. (Actually, that may be too strong an assertion: as best I can tell these often-called [Miranda rights](https://...
I run a website and recently had a small legal dispute with content posted by a user. A copyright owner wanted me to remove content, I acknowledged the request, requested for proof of ownership, confirmed ownership, removed the infringing content and the copyright owner left me alone. I'm happy to remove infringing ...
Imagine I have a blog, on which people can download some free e-book. The purpose of the blog and e-book is to establish connection with potential buyers and eventually sell them something. Imagine further that I have found an image, which I consider including into my materials. The image may come from, e. g. 1...
How can I decide, whether I can include a particular image in my commercial blog posts and e-books?
To answer the question "Is the use of a screencap from *The Matrix* in [this blog post][1] fair use?" This is clear-cut: no. [17 USC 107][2]: > Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any oth...
Imagine I have a blog, on which people can download some free e-book. The purpose of the blog and e-book is to establish connection with potential buyers and eventually sell them something. Imagine further that I have found an image, which I consider including into my materials. What kind of algorithm can I use to ...
In England and Wales, a court can impose an absolute discharge if it concludes that 'it is inexpedient to inflict punishment'. The power to do this is granted by [s12(1) Powers of Criminal Courts (Sentencing) Act 2000][1]. Section 14(1) of the Act provides that— > ... a conviction of an offence for which a...
Does an absolute discharge result in a criminal record?
There are a number of ways in which a judge may *avoid following* precedent - overturning or distinguishing a previous ruling, for instance. However, is there anyway for a court (particularly a *superior* court) to avoid creating a binding precedent, particularly in cases where it may not be desirable to do so? F...
I run a website and recently had a small legal dispute with content posted by a user. A copyright owner wanted me to remove content, I acknowledged the request, requested for proof of ownership, confirmed ownership, removed the infringing content and the copyright owner left me alone. I'm happy to remove infringing ...
Does the Right to Counsel require qualifications?
In the U.S. the Constitution has been interpreted as requiring that anyone arrested be allowed, at their request, to consult with a lawyer before being questioned, and to have one present during questioning. (Actually, that may be too strong an assertion: as best I can tell these often-called [Miranda rights](https://...
Take the case of *[Brewer v. Williams](http://www.law.cornell.edu/supremecourt/text/430/387).* In his concurrence, Justice Marshall writes, > I concur wholeheartedly in my Brother STEWART's opinion for the Court I recall seeing this in other concurrences, though not come to mind immediately. I also assume that, fo...
Why do Supreme Court Justices call each other "Brother"?
The author Bob Woodword wrote a book about the Supreme Court called "The Brethern" exactly because of this. The point was to set a civil tone on the court. When the first female Supreme Court justice O'Connor joined the court in 1981 the use decreased and I don't believe that a female justice has been refered to as...
The author Bob Woodword wrote a book about the Supreme Court called "The Brethern" exactly because of this. The point was to set a civil tone on the court. When the first female Supreme Court justice O'Connor joined the court in 1981 the use decreased and I don't believe that a female justice has ever been refered ...
The lease agreement for my rental home clearly says that the landlord is responsible for paying for garbage services. However, after asking why I hadn't received our garbage bins yet, the leasing company told me that there was a typo on the lease and that I am responsible for all utilities (citing advertisements for th...
Typo on Lease, Who is Responsible?
The 2002 Western Conference Finals of the NBA between the Los Angeles Lakers and the Sacramento Kings--particularly Game 6--contained some of the most suspicious games in NBA history. (Ralph Nader even wrote [an open letter][1] to the NBA commissioner regarding this particular series.) One claim was that the referee...
Laws in the US against match-fixing, specifically in the context of NBA 2002 WCF?
The lease agreement for my rental home clearly says that the landlord is responsible for paying for garbage services. However, after asking why I hadn't received our garbage bins yet, the leasing company told me that there was a typo on the lease and that I am responsible for all utilities (citing advertisements for th...
In Japan, what buildings are illegal to take pictures of? Notes: - Building only. Zero humans on the picture. - Taken from public street only. No entering private property/shops/transportation or similar. *Context:* Loving architecture I always take tons of pictures when walking in the street, and sometimes g...
What buildings are NOT allowed to photograph in Japan? (from public street, no humans in pic)
I bought electronic goods from an online retailer. A fault appeared after a month-a-half that prevented the goods from working at all. The way I understand the Sales of Goods Act is that the onus is on the retailer to prove the fault or repair/replace the item. The retailer have referred me to the manufacturer be...
Is the manufacturer responsible for replacing my faulty purchase after 28 days?
At least, US military bases and affiliated facilities in Japan are illegal to photograph. Here's the [Mutual Cooperation and Security Treaty under Article VI Facilities and Areas and the Special Criminal Act Attendant upon the Enforcement of the Agreement Regarding the Status of United States Armed Forces in Japan][1]...
I can understand that if an astronaut attack an other astronaut inside a spaceship he/she will have to answer to the law of the country which owns the ship but what if the attack happened on the moon?
Under which law the person who commits a crime on the moon gets prosecuted?
Given that this is taking place in a public area where one would not have an expectation of privacy, what legal restrictions exist on photography of people where they are **not** the subject of the photograph? For instance, say that I am taking a photograph of a popular statue, and people happen to be in the frame?
How do laws affect photography of non-humans in public?
Assume that I and other people are patrons on private property, and that the owner/occupier of the property does not object to my activities. If I wish to take photographs of something on the property and I inadvertently include other people in the photograph, what are my legal rights and responsibilities with regard...
Do people generally have the right not to be photographed on private property?
Assume that I and other people are patrons on private property, and that the owner/occupier of the property does not object to my activities. If I wish to take photographs of something on the property and I inadvertently include other people in the photograph, what are my legal rights and responsibilities with regard...
Given that this is taking place in a public area where one would not have an expectation of privacy, what legal restrictions exist on photography of people where they are **not** the subject of the photograph? For instance, say that I am taking a photograph of a popular statue, and people happen to be in the frame? A...
The author Bob Woodword wrote a book about the Supreme Court called "The Brethren" exactly because of this. The point was to set a civil tone on the court. When the first female Supreme Court justice O'Connor joined the court in 1981 the use decreased and I don't believe that a female justice has ever been refered ...
Suppose I die and, on the day before, I have signed two wills with conflicting terms. If, for some reason, it is not possible to determine which of these was signed first, which terms will prevail? How is this decided?
In the case that multiple wills with conflicting terms are left, which one prevails?
I want to buy an empty Magpul 30 rds magazine as a souvenir. Just magazines, not the gun. Can I buy them in California or Nevada without a licence or anything?
Can a foreign tourist buy a gun magazines in the USA?
I have watched the media circus surrounding the arrest of a 19 year-old male on suspicion of having murdered nine people in Charlottesville. Vast amounts of information is spewing forth from the news media, some of which will undoubtedly be true, some will have been entirely made up by newspapers to sell copy, and ...
Why are there no sub judice rules in the USA as there are in almost every other English-speaking jurisdiction?
I have watched the media circus surrounding the arrest of a 21-year-old male on suspicion of having murdered nine people in Charlottesville. Vast amounts of information is spewing forth from the news media, some of which will undoubtedly be true, some will have been entirely made up by newspapers to sell copy, and ...
> Blockquote I have watched the media circus surrounding the arrest of a 21-year-old male on suspicion of having murdered nine people in Charleston. Vast amounts of information is spewing forth from the news media, some of which will undoubtedly be true, some will have been entirely made up by newspapers to sell...
Without sub judice rules, as exist in almost every other English-speaking jurisdiction, how can due process be assured?
The United States gives the accused the right to a fair trial. However, it also gives *exceptionally* strong protection to the media (and to people in general) to speak on matters of public concern; there are very, very cases where a US government (federal, state, or local) can legally order someone not to publish some...
Given that this is taking place in a public area where one would not have an expectation of privacy, what legal restrictions exist on photography of people where they are **not** the subject of the photograph? For instance, say that I am taking a photograph of a popular statue, and people happen to be in the frame?...
How do laws affect photography of non-humans in public when people may be in the frame?
I have watched the media circus surrounding the arrest of a 21-year-old male on suspicion of having murdered nine people in Charleston. Vast amounts of information are spewing forth from the news media, some of which will undoubtedly be true, some of which will have been entirely made up by newspapers to sell copy,...
The United States gives the accused the right to a fair trial. However, it also gives *exceptionally* strong protection to the media (and to people in general) to speak on matters of public concern; there are very, very few cases where a US government (federal, state, or local) can legally order someone not to publish ...
My wife was in a car accident several months ago and a couple of our children were in the car with her. One of them (who happens to be two years old) saw a doctor and our insurance agency has been wanting us to do a settlement for $500 (we think he's likely fine).. I am unfamiliar with the ins and outs of this - my c...
Bodily Injury Claim Settlement after automobile accident?
Your questions would be answered by the terms of the settlement and by your insurance contract. If you are unsure of the implications of those contracts you should have them reviewed by a lawyer or competent agent that you pay (i.e., not one representing the insurer) to answer your questions. In general, however, s...
My wife was in a car accident several months ago and a couple of our children were in the car with her. One of them (who happens to be two years old) saw a doctor and our insurance agency has been wanting us to do a settlement for $500 (we think he's likely fine)... I am unfamiliar with the ins and outs of this. My...
My wife was in a car accident several months ago and a couple of our children were in the car with her. One of them (who happens to be two years old) saw a doctor and our insurance agency has been wanting us to do a settlement for $500 (we think he's likely fine). I am unfamiliar with the ins and outs of this. My c...
Your questions would be answered by the terms of the settlement and by your insurance contract. If you are unsure of the implications of those contracts you should have them reviewed by a lawyer or competent agent that you pay (i.e., not one representing the insurer) to answer your questions. In general, however, s...
> We are sorry, but there was a typo in the contract, one zero is missing. The project fee > should be $100,000 instead of $10,000. What do you think? ##Typo## This is ***not*** a typo. It is, clearly and unambiguously, stated in the contract. What may be counted as typos in a legal document? E.g. > Veh...
Consider a scenario where member X has posted photos and details of an item for community interest. Member Y sees this and out of interest and makes contact, offering to purchase the item. Member X has not marketed the item for sale agrees. On receiving the item Member Y claims to have received a fake/inferior item: ...
Would a community website be liable if members took it upon themselves to start privately trading items between each other?
Why are no pet clauses legal in the US but not in Toronto? At least according to [this site][1], in Toronto you can't disallow pets. I started thinking of it and its actually a little absurd. Trying to apply the same reasoning to other things. Like disallowing musicians, when really you just don't want noise to ...
Why are no pet clauses in leases allowed?
In the U.S. it is legal to "discriminate" against tenants for any reason not explicitly forbidden by law. Your question contains good examples of why a property owner would legitimately want to discriminate. [HUD](http://portal.hud.gov/hudportal/HUD?src=/topics/housing_discrimination) enforces federal anti-discrimi...
Your questions would be answered by the terms of the settlement and by your insurance contract. If you are unsure of the implications of those contracts you should have them reviewed by a lawyer or competent agent that you pay (i.e., not one representing the insurer) to answer your questions. In general, however, s...
In the U.S. it is legal to "discriminate" against tenants for any reason not explicitly forbidden by law. Your question contains good examples of why a property owner would legitimately want to discriminate. [HUD](http://portal.hud.gov/hudportal/HUD?src=/topics/housing_discrimination) enforces federal anti-discrimi...
Why are "no pet" clauses legal in the US but not in Toronto? At least according to [this site][1], in Toronto you can't disallow pets. I started thinking of it and its actually a little absurd. Trying to apply the same reasoning to other things. Like disallowing musicians, when really you just don't want noise t...
Why are "no pet" clauses allowed in leases?
Is it legally *necessary* to disclaim "I am not a lawyer" when engaging in casual conversation, writing Internet posts, etc. to avoid civil or criminal liability for one's comments? Specifically, in the absence of: - claims to be a lawyer or implied claims (i.e. posing) - accepting payment or other compensation ...
USA: Is "I am not a lawyer" disclaimer generally necessary?
My wife was in a car accident several months ago and a couple of our children were in the car with her. One of them (who happens to be two years old) saw a doctor and our insurance agency has been wanting us to do a settlement for $500 (we think he's likely fine). I am unfamiliar with the ins and outs of this. My c...
I've spoken with a landowner in the rural area of Saratoga, California, who owns a single parcel with more land than he knows what to do with, and I asked him why doesn't he build an MDU or some such, to which he replied that the city will never allow to re-zone and/or split the parcel of the land he owns, and that nei...
Is it legal to restrict housing to certain occupations?
I've spoken with a landowner in the rural area of Saratoga, California, who owns a single parcel with more land than he knows what to do with, and I asked him why doesn't he build an MDU or some such, to which he replied that the city will never allow to re-zone and/or split the parcel of the land he owns, and that nei...
Is it legal to prevent a single parcel from being split?
Consider a scenario with a site that has an international member base, on which, member X has posted photos and details of an item for community interest. Member Y sees this and out of interest and makes contact, offering to purchase the item. Member X has not marketed the item for sale agrees. On receiving the item Me...
Not in the state of California. California law prohibits discrimination based on source of income; only discrimination based on *amount* of income is allowed. See the [California Government Code, section 12955](http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=12001-13000&file=12955-12956.2). It is not ev...
As per [California Government Code, section 12955](http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=12001-13000&file=12955-12956.2), it's illegal to discriminate housing accommodation based on the source of income. However, what about the occupation itself? For example, is it possible to have an apar...
Is occupation distinct from "source of income"?
I'm writing an e-book, which is supposed to generate leads in the following way: 1. People visit my landing page. 1. There, they see a text like "Enter your e-mail address and get this e-book for free". 1. Those, who entered and confirmed their membership, receive the e-book. 1. As long as they haven't un...
Is it legal include an image from Wikipedia into a lead-generating e-book?
I ask or worry _not_ about the standard questions required during customs, such as a traveller's basic personal information, purposes of travel, etc... However, what if a traveller fears for his privacy, and suspects hostility or nosiness from a customs officer? For example, can a traveller exercise his right of si...
What rights do travellers have against unreasonable customs officers?
In Australia, Australian Consumer Law dictates that within reason Australian Customers are entitled to refunds which [Steam/Valve got into trouble by refusing][1]. A while back i went to buy Warhammer 40k but i couldn't not play it because it required an internet connection despite a single player campaign, so i too...
[Australian Consumer Law][1] is a suite of legislation enacted in each of the Australian jurisdictions so the details vary (slightly) from state-to-state. The applicable jurisdictions would be either the state where you downloaded or the state where you live. The press release you quote is not directly applicable he...
In Japan, what buildings are illegal to take pictures of? Notes: - Building only. Zero humans on the picture. - Taken from public street only. No entering private property/shops/transportation or similar. *Context:* Loving architecture I always take tons of pictures when walking in the street, and sometimes g...
Consider a scenario with a site that has an international member base, on which, member X has posted photos and details of an item for community interest. Member Y sees this and out of interest and makes contact, offering to purchase the item. Member X has not marketed the item for sale agrees. On receiving the ite...
Is it legal to film inside of a venue such as a bar or nightclub? The film would be used for marketing material for a business. Thanks in advance
Is it legal to film in a venue (e.g. bar or nightclub)?
Is it legal to prevent a single parcel of land from being split?
Suppose there was a bankruptcy filing, and there was $500,000 of debt that was ruled non-dischargeable. Let's say that the debtor kept a house that was less than the value of the exemption ($300,000 per couplein New York). Suppose the value of the debtor's house skyrocketed to $750,000. Can the non-dischargeable cre...
What are the rights of the creditors of "nondischargeable" debts after a bankruptcy?
Suppose there was a bankruptcy filing, and there was $500,000 of debt that was ruled non-dischargeable. Let's say that the debtor kept a house that was less than the value of the exemption ($300,000 per couple in New York). Suppose the value of the debtor's house skyrocketed to $1 million. Can the non-dischargeable ...
Is it legal to film inside of a venue such as a bar or nightclub? The film would be used for marketing material for a business.
*First, and foremost, hello **Law - Stack Exchange**! (I'm actually not sure this is the right place to ask this question, but I don't really see a more appropriate exchange.)* Is it strictly legal to post a businesses information on your website? If the answer to the above is yes, then I guess I don't really ha...
Consider a scenario with a site that has an international member base, on which, `member X` has posted photos and details of an item for community interest. `Member Y` sees this and out of interest and makes contact, offering to purchase the item. `Member X` has not marketed the item for sale agrees. On receiving t...
*(I'm actually not sure this is the right place to ask this question, but I don't really see a more appropriate exchange.)* Is it strictly legal to post a businesses information on your website? If the answer to the above is yes, then I guess I don't really have another question; however, if it is no, is it situ...
Is it strictly legal to post a business's information on your website? If the answer to the above is yes, then I guess I don't really have another question; however, if it is no, on what circumstances does it depend? I've seen this post: http://law.stackexchange.com/questions/183/is-it-possible-to-legally-prohibi...
I own a card game that I enjoy playing (not a playing card game using a standard 52-card deck). I enjoy it enough that I thought it'd be fun to write a program (complete with AI!) that plays that game. Is this legal? Furthermore, may I publish the source code to a public website such as GitHub without incurring any leg...
Is it legal to program a published game for educational purposes (and put the source code on GitHub)?
'Is it legal?' could mean **one of two things**. ###Does it break the criminal law; could I be arrested?### There is no law criminalising photography or filming in a private place (assuming you're not doing something amounting to harrassment, or making something inherently illegal like child pornography). The ac...
Consider a scenario where a community site with an international member base has two memberships: free accounts and premium subscription-paying accounts. Pme featire pf tej subscription acounts is the facility whereby members can send offers to other members. Consider the below two members: - `Member X` (free a...