instruction stringlengths 15 30k |
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### Originality requires independent creation plus a *modicum of creativity*
This was answered in *Feist Publications, Inc. v. Rural Telephone Service Co.*, Inc., [499 U.S. 340][1] (1991):
> originality requires *independent creation* plus a *modicum of creativity*.
> Original, as the term is used in copyright... |
Until it was [found to be unconstitutional][1], Florida had a law against surcharges for using a credit card (the statute is still on the books, however). That was the only law against "convenience fees" related to making payments.
Whether or not a business will accept a particular form of payment (check, credit car... |
> In the legal system, it is bad for a judge's career to be overruled
> too often on appeal. An arbitrator can in some cases be overruled by a
> follow-up lawsuit. Is this their incentive?
No.
It is virtually impossible to appeal an arbitration award on the merits. It is also next to impossible, absent an outr... |
Is there anything legally stopping me from purchasing cell lines of human neurons without any disclosed use (besides the ethical considerations)? |
Can I, a med student, buy human neuronal cell lines? |
In other words, can parents force children to agree to fines by threatening them with a loss of privileges?
I know that parents cannot take money from their children as shown in [this answer](https://law.stackexchange.com/a/24474/48352). However, that says nothing about compelling children to give them money through... |
Can parents compel children to give them money? |
So let's say a professor at a college knowingly lies and tells the administration that a student did something that got the student expelled. Say administration found out the professor lied. Would that professor normally be fired?
Thanks. |
Can a professor be fired for lying about a student breaking the rules? |
I had a question cross my mind, and I asked Google to help me out. "Hey Google, is addiction legally a disability?"
The answer met my ears in seconds: "Addiction is generally considered a disability because it is an impairment that affects the brain and neurological functions.
Addiction to alcohol and the illegal... |
Does the ADA require society to refer individuals suffering from addiction to mental healthcare? |
I had a question cross my mind, and I asked Google to help me out. "Hey Google, is addiction legally a disability?"
The answer met my ears in seconds: "Addiction is generally considered a disability because it is an impairment that affects the brain and neurological functions.
Addiction to alcohol and the illegal... |
I had a question cross my mind, and I asked Google to help me out. "Hey Google, is addiction legally a disability?"
The answer met my ears in seconds: "Addiction is generally considered a disability because it is an impairment that affects the brain and neurological functions.
Addiction to alcohol and the illegal... |
> Doesn't that obligate society to acknowledge that they need mental
> healthcare, and for the system to facilitate that care to avoid
> discrimination?
No. Generally not.
But, there is some obligation on the part of wardens of jails and prisons to provide enough mental healthcare to avoid the very low standar... |
> In the legal system, it is bad for a judge's career to be overruled
> too often on appeal. An arbitrator can in some cases be overruled by a
> follow-up lawsuit. Is this their incentive?
No.
It is virtually impossible to appeal an arbitration award on the merits. It is also next to impossible, absent an outr... |
**Can children own money?**
That is a complex question in many legislations. Children may be able to own money and other property, in their own right, yet be under the legal guardianship of their parents.
- Parents can generally control how minors spend their money.
(A child saying *"Great-uncle left me a mil... |
Is addiction considered a disability employment and beneftis rights?
Does it matter if the addiction is legal: say gambling or alcohol; or illegal: drugs or theft (Kleptomania)? |
I’m sorry but I like international law and consortiums exclusion right to ownership generally, so I would like that sort of answer to: *How does copyright over **online** content that is not behind paywalled content work?* Do people get some ability to share paywalled content? |
Is addiction considered a disability for employment and beneftis rights?
Does it matter if the addiction is legal: say gambling or alcohol; or illegal: drugs or theft (Kleptomania)? |
Is it allowed to **store a user id to remember him, his settings, preferences and history, without asking for his permission?**
Is there anyknowledge about that how that goes with privacy laws like GDPR or Californian privacy laws?
I'm mostly interested in mobile apps, but how do mobile and web differ in this... |
Can a mobile app save data about a user without a user giving the permission? |
Many student halls are privately owned by for profit businesses. If a student renting a flat from a student only hall fails to leave at the end of a fixed term, is a possession order required to evict them? |
How does the process for evicting a tenant from privately owned student halls differ from standard privately rented accommodation? |
What incentive does an arbitrator in retail or labor cases have to rule for the plaintiff? |
When a customer or employee goes to mandated arbitration, the arbitrator is paid by the defendant; the arbitrator, or a body that picks the arbitrator, is also chosen by the defendant.
I have seen it said that they more often rule in favor of the defendant, but apparently they also occasionally rule in favor of the... |
Here is a sort of transcript of the case *Joannou v. City of Rancho Palos Verdes*: https://caselaw.findlaw.com/ca-court-of-appeal/1644364.html. In short, there was a piece of land that had been gradually migrating due to Earth movements over a few decades. It ended up in a section claimed by the city. Joannou had bough... |
In W.S. Gilbert's *The Maiden Brief* -- a work of fiction set in England in the mid-nineteenth century -- when prosecuting counsel does not attend due to another case, the judge calls for "the most junior counsel present" to represent the crown in a criminal case at the Old Bailey.
Does this literally mean the most ... |
[tag:european-union]
Maybe. European regulations (GDPR, ePrivacy) do not distinguish between web apps and mobile apps. For both, the core points are:
* Processing of personal data needs a clear purpose and legal basis as specified by GDPR. That legal basis may be “consent”, but doesn't have to be. Other common le... |
I was reading https://prostitution.procon.org/us-federal-and-state-prostitution-laws-and-related-punishments/ and unfortunately it only shows the difference in prostitute vs. client/customer.
But I wonder if in practice there is any *difference between penalties* on pimp/madam (people who organize and introduce pro... |
Assuming there is no human trafficking or any form of coercion, is there a difference the penalties on pimp/madam and prostitute (U.S.)? |
Assuming there is no human trafficking or any form of coercion, is there a difference the penalties on pimp/madam and prostitute in United States? |
Assuming there is no human trafficking or any form of coercion, is there a difference between the penalties on pimp/madam and prostitute in the U.S? |
I was reading https://prostitution.procon.org/us-federal-and-state-prostitution-laws-and-related-punishments/ and unfortunately it only shows the difference in prostitute vs. client/customer.
But I wonder if in practice there is any *difference between penalties* on pimp/madam (people who organize and introduce pro... |
I was reading https://prostitution.procon.org/us-federal-and-state-prostitution-laws-and-related-punishments/ and unfortunately it only shows the difference in prostitute vs. client/customer. For example in New York, customers will get higher penalty than the prostitutes.
But I wonder if in practice there is any *d... |
I assume that you mean "residing" rather than just "visiting". It depends on whose courts have jurisdiction. Let's say you have property in India, and you want a Canadian resident to be able to sell that property. [The Powers of Attorney Act, 1882][1] (India) would be relevant to you (to avoid a complication, I assume... |
Justice John F. Molloy of Arizona wrote a book titled _The Fraternity: Lawyers and Judges in Collusion_ that was published in 2004.
Among things alleged in that book are that lawyers, in part because of their detailed and extensive knowledge of the system, have ways of unofficially but effectively influencing the co... |
How do lawyers unofficially and perhaps somewhat surreptitiously influence the content of laws and rules of proceure? |
In France, there are some circumstances apparently called "partie civile" where there's three different parties represented in court : the republic's prosecutor (procureur de la république), the plaintiff, and the accused. Each can apparently get nearly as much air time, and each can ask a different verdict to the cour... |
How do you define "unofficially"?
When judges (prior to Melendez v. Diaz) ruled that prosecutors didn't need to call a particular forensic technician to the stand in order to introduce their report, that was certainly an official action. Backed up with plenty of official legal reasoning about the meaning of the Six... |
In which cases has a Wikipedia editor's identity been subpoenaed? |
The reference to "most junior counsel present" does literally mean the most recently qualified barrister who happens to be in the court. That is confirmed by Polter's response: "I was only [called](https://en.wikipedia.org/wiki/Call_to_the_bar) last [term](https://en.wikipedia.org/wiki/Legal_year#England)!"
The stor... |
The reference to "most junior counsel present" does literally mean the most recently qualified barrister who happens to be in the court. That is confirmed by Polter's response: "I was only [called](https://en.wikipedia.org/wiki/Call_to_the_bar) last [term](https://en.wikipedia.org/wiki/Legal_year#England)!"
The stor... |
The reference to "most junior counsel present" does literally mean the most recently qualified barrister who happens to be in the court. That is confirmed by Polter's response: "I was only [called](https://en.wikipedia.org/wiki/Call_to_the_bar) last [term](https://en.wikipedia.org/wiki/Legal_year#England)!"
The stor... |
Is it legal under US law to leave a prerecorded voicemail after a cold call to a prospect? Let's say a sales development representative makes cold calls to a list of enterprise prospects. If the prospect doesn't answer and it goes to voicemail, rather than leaving a voicemail each time, the SDR leaves a prerecorded voi... |
Is it legal to leave a prerecorded voicemail (US law)? |
When a customer or employee goes to mandated arbitration, the arbitrator is paid by the defendant; the arbitrator, or a body that picks the arbitrator, is also chosen by the defendant.
I have seen it said that they more often rule in favor of the defendant, but apparently they also occasionally rule in favor of the... |
A couple of years ago, I opened an account in **Bitpanda**, deeming it a serious and professional crypto exchange.
In the last year I haven't carried out any operations, a few days ago I decided to go back to do some trading.
I had to supplement my account with new personal info, selfies and photos of my passpo... |
My crypto exchange closed my account for no reason, how can I defend myself against such a fraud? |
1. **Think through what really happened.**
You are using terms like fraud, while they *may* be thinking they're doing fraud protection, or otherwise following laws and regulations. You wrote that you didn't use it for a long time, could the credentials have been compromised?
It sounds highly implausible that a pl... |
When a customer or employee goes to mandated arbitration, the arbitrator is paid by the defendant; the arbitrator, or a body that picks the arbitrator, is also chosen by the defendant.
I have seen it said that they more often rule in favor of the defendant, but apparently they also occasionally rule in favor of the... |
When a customer or employee goes to mandated arbitration, the arbitrator is paid by the defendant; the arbitrator, or a body that picks the arbitrator, is also chosen by the defendant.
I have seen it said that they more often rule in favor of the defendant, but apparently they also occasionally rule in favor of the... |
**Can illegal immigrants sue the U.S. government if they got injured while being detained?**
**Yes**, if they are in the USA at the time. See the opinion of the Supreme Court of the United States in [Zadvydas v. Davis, 533 U.S. 678 (2001)](https://www.law.cornell.edu/supct/html/99-7791.ZO.html):
> It is well esta... |
I will paste my research so far.
How can I compel the state police to act on a red flag confiscation?
He brags to everyone about the specific quantity of cannabis grown. Each time he makes a sale over $1000. His weapons including a sawed off shotgun in the same house as 200 oz. His distribution of Oxycontin and A... |
> My crypto exchange closed my account for no reason, how can I defend myself against such a fraud?
Since you [cannot find the contract][1], it is unclear how exactly to proceed (at least for someone not enough knowledgeable on the matter) or the *competent authority* in the jurisdiction (Member State) at issue. But... |
I am programming an App and want to call it metaApp. Am I getting sued soon by meta aka facebook? Or is the word meta a commonly used word and ok? (In case of apple it is also not allowed...)
so can I use the word meta for my branding? MetaSoft, MetaHuman, MetaBeta?!
Thanks! |
Am I allowed to use the word "meta" in the name of my product or startup? |
I will paste my research so far.
Under what circumstances may person A make use of Massachusetts’ red flag law against person B without police cooperation, and what are the consequences of that? Certainly they want to help and cooperate?
How can I compel the state police to act on a red flag confiscation?
He b... |
What makes you think it’s “will I be sued” _or_ “is this a common word”?
First, you can be sued at any time by a large company if you do something they don’t like. Whether they are right or wrong. And even if you win, it will cost you time and money.
Second, it is Meta’s company name so it’s 99.9999% trademarke... |
If you do, you will probably be faced with a lawsuit. If the program did something that they don't do, it might be okay (but hire a lawyer to be sure). Perhaps a plumbing app would be safe.
They (Meta) do [state][1] that Meta is one of their trademarks, and you can verify that [here][2]. That means that they have the ... |
If a person who is already a qualified high level executive (but not C-level) at a corporation inherits controlling interest, how can that person become CEO and board chair?
Would it have to be a stipulation in the by-laws?
Are there State by State laws?
|
How can someone who gets controlling interest of a C corporation become both CEO and board chair? |
I will paste my research so far.
Under what circumstances may person A make use of Massachusetts’ red flag law against person B without police cooperation, and what are the consequences of that? Certainly they want to help and cooperate?
How can I compel the state police to act on a red flag confiscation?
Perh... |
I will paste my research so far.
Under what circumstances may person A make use of Massachusetts’ red flag law against person B without police cooperation, and what are the consequences of that? Certainly they want to help and cooperate?
How can I compel the state police to act on a red flag confiscation?
Perh... |
In [Discovery](https://en.wikipedia.org/wiki/Discovery_(law)), "the prosecutor is obligated to provide to the defendant any information that is exculpatory or potentially exculpatory".
I am looking for cases where the defendant, on the other hand, can withhold incriminating evidence.
In particular, suppose that t... |
I read, for example, that specific cryptographic smart contracts are "not enforceable" in the legal context of them, and I understand that an agreement or a contract between parties that includes doing something illegal is void as well or "non-enforceable." If Peter signs a contract to give up his human rights, that co... |
How to know if a contract is enforceable or "void"? |
Let's say Bob publishes an analysis of suicide methods meant to assist those so inclined. Alice takes Bob at his authoritative word and follows his advice to the letter regarding the method he deems as the most foolproof. However, it fails to take, and Alice winds up with serious injuries and a permanent disability. Sh... |
Would someone providing "faulty" suicide advice be liable for a survivor's damages? |
Let's say Bob publishes an analysis of suicide methods meant to assist those so inclined. Alice takes Bob at his authoritative word and follows his advice to the letter regarding the method he deems as the most foolproof. However, it fails to take, and Alice winds up with serious injuries and a permanent disability. Sh... |
**Can illegal immigrants sue the U.S. government if they got injured while being detained?**
**Yes**, if they are in the USA at the time. See the opinion of the Supreme Court of the United States in [Zadvydas v. Davis, 533 U.S. 678 (2001)](https://www.law.cornell.edu/supct/html/99-7791.ZO.html):
> It is well esta... |
This is a broad question. You are basically asking for the content of several months of an introductory contracts course focused on the elements of contract formation and grounds for voidability. The best an answer can do at this point is to briefly list the factors that would have to be considered when trying to asses... |
This is a broad question. You are basically asking for the content of several months of an introductory contracts course focused on the elements of contract formation and grounds for voidability. The best an answer can do at this point is to briefly list the factors that would have to be considered when trying to asses... |
[tag:common-law]
This is a broad question. You are basically asking for the content of several months of an introductory contracts course focused on the elements of contract formation and grounds for voidability. The best an answer can do at this point is to briefly list the factors that would have to be considered ... |
Can Canadian trial judges set aside a jury's verdict of acquittal? |
I am programming an app and want to call it "metaApp". Am I getting sued soon by Meta a.k.a. Facebook? Or is the word "meta" a commonly used word and ok? (In the case of Apple, it is also not allowed...)
So can I use the word "meta" for my branding? MetaSoft, MetaHuman, MetaBeta? |
I will paste my research so far.
Under what circumstances may person A make use of Massachusetts’ red flag law against person B without police cooperation, and what are the consequences of that? Certainly they want to help and cooperate?
How can I compel the state police to act on a red flag confiscation?
THIS... |
I live in a studio apartment that has an ionization-based smoke detector right next to the kitchen. Unfortunately, almost anything I cook triggers a false alarm.(Even turning on the oven with nothing inside will set it off.)
I think it may be possible to solve this problem responsibly by replacing the smoke detector... |
May a tenant to install their own smoke detector? |
May a tenant install their own smoke detector? |
Arcadia Publishing has the Images of America book series, many of which have pre-1923 photographs.
Same thing for Eyewitness Books. Like they have a book on money which has images of coins and currency going back hundreds of years.
My question is... could I scan in some of these images from these books and uploa... |
can i scan in pre-1923 photographs from books and upload them to wikipedia without violating copyright? |
What makes you think it’s either “will I be sued” _or_ “is this a common word”?
First, you can be sued at any time by a large company if you do something they don’t like. Whether they are right or wrong. And even if you win, it will cost you time and money.
Second, it is Meta’s company name so it’s 99.9999% tra... |
Apropos of [this][1].
Brief background: Teacher in Canada transitions from male to female. Teacher purchases extremely oversized prosthetic breasts which they use as part of their gender reassignment, and wear a top over their breastplate which wears tightly around the breastplate and shows the nipples. Parents an... |
Arcadia Publishing has the *Images of America* book series, many of which have pre-1923 photographs.
Same thing for Eyewitness Books. For example they have a book on money which has images of coins and currency going back hundreds of years.
My question is... could I scan in some of these images from these books ... |
Article III, Section 2, Clause 2 of the US Constitution reads (in part):
> In all Cases **affecting** Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court
> shall have original Jurisdiction.
On the other hand, [28 U.S.C. § 1251][1](b)(1) reads:
> The S... |
Is there any difference between cases affecting someone and cases to whch someone is a party? |
Article III, Section 2, Clause 2 of the U.S. Constitution reads (in part):
> In all Cases **affecting** Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court
> shall have original Jurisdiction.
On the other hand, [28 U.S.C. § 1251][1](b)(1) reads:
> The... |
Can I scan in pre-1923 photographs from books and upload them to wikipedia without violating copyright? |
Suppose a business does the following:
1. claims one of their brands is an unregistered trademark
2. gives away 100,000 **free** T-Shirts to random entities using the brand mentioned in Step1 above
3. accepts a $1 **donation** from a random entity to thank the business for **free** T-Shirts that were received
Doe... |
Are Donations Enough to Validate Trademark? |
### There must be a use in commerce
Assuming there are no other barriers to trademark protection, you are asking what amounts to a "use in commerce" that is sufficient to warrant trademark protection (I'm assuming in United States law).
In the United States, the protection comes from the *Lanham Act*, and protect... |
I wanted to ask about how one should go about choosing region for database / cloud provider when working on an application that stores user data for EU and US customers. Business behind the app is a EU registered company (Estonia).
To my understanding, it is easier and more future proof to store user data on EU serv... |
I live in a city in the UK that has an extensive network of foot/cycle paths, and make use of these paths for exercise by cycling on them. I share these paths with pedestrians and other cyclists, which means I have to take care to not become involved in a collision with those walking on said paths. In the winter months... |
What liability would be incurred by both parties in the incident of a bicycle and footpath walker collision? |
I live in a city in the UK that has an extensive network of foot/cycle paths, and make use of these paths for exercise by cycling on them. I share these paths with pedestrians and other cyclists, which means I have to take care to not become involved in a collision with those walking on said paths. In the winter months... |
I live in a city in the UK that has an extensive network of foot/cycle paths, and make use of these paths for exercise by cycling on them. I share these paths with pedestrians and other cyclists, which means I have to take care to not become involved in a collision with those walking on said paths. In the winter months... |
Suppose there is a work by author A, whose copyright expires tomorrow (i.e. it goes into public domain) in their country of birth C1. I upload it (tomorrow) online on a blogging site by a company E based in country C2 with servers physically in country C3 (where it is possible that C2=C3, or even C1=C2=C3 but not neces... |
How to determine which national copyright legislation applies if I put someone else's work online? |
## Derivative Works under US law and the Berne Convention ##
US Copyright law defines "derivative work" in [17 USC 101](https://www.copyright.gov/title17/92chap1.html#101) as:
> A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, ficti... |
Apple's Safari web browser prevents you from taking a screenshot of DRM (Digital Rights Management) content, such as Netflix movies, by blacking out that part of screen (when taking screenshot) which has the movie (as seen the [the screenshot][1]).
This is done in order to prevent piracy, and I get it.
However, ... |
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