most recent 30 from http://www.lawdiscuss.com 2010-09-09T11:11:20Z http://www.lawdiscuss.com/feeds http://www.creativecommons.org/licenses/by-nc/2.5/rdf http://www.lawdiscuss.com/questions/88/are-there-any-laws-regarding-news-papers erio 2010-03-22T11:51:36Z 2010-09-08T08:23:22Z

<p>If i would want to create a newspaper in US, would there be some legal requirements that i would have to fulfill?</p>

http://www.lawdiscuss.com/questions/58/in-a-predicament-with-a-client Ryan 2010-02-15T01:43:08Z 2010-09-08T08:23:22Z

<p>Around two years ago, I was hired to capture and edit a birthday. There was a contract made, but I cannot find it anymore. I was working for a photo studio at the time and I was around 17 years old. They put a down a non-refundable payment for photo and video. I provided her the photos, but they never got back to me about getting the completed video. The mother said she didn't want to finish paying and she didn't answer any of my calls. Today, she has started to randomly call me and say she wants the video, and has hinted at "seeing me in court." Back then, I made every effort to get the completed video in her hands and to finish payment, but she never did. What should I do?</p>

http://www.lawdiscuss.com/questions/42/im-an-llc-in-delaware-but-live-in-california-do-i-need-to-register-as-an-llc-i Mark 2010-02-08T20:53:05Z 2010-09-08T07:23:17Z

<p>Single-owner LLC incorporated in Delaware, disregarded entity with respect to taxes. I make income from publishing ads on my sites &amp; selling software. Since I live in California, does this mean I have to file Form LLC-5 with the CA government as well? What are the consequences if I don't do this?</p>

http://www.lawdiscuss.com/questions/41/can-a-work-contract-prevent-me-from-having-a-side-business-in-germany Anonymous 2010-02-08T20:36:17Z 2010-09-08T06:23:22Z

<p>I work as an employee for an international corporation, and would like to try my programming skills developing applications for mobile phones and see if I can make some extra income from this. However, my current contract states that all my work, whether at the office or not, is property of the company. Others in the company have tried to obtain a "permit" to do such side business but were explicitly told they are not and will not be allowed to.</p> <p>My question is, is this even enforceable at all? I'm currently employed in Germany so information specific for this country's laws is highly appreciated, though discussions of similar laws elsewhere are also interesting.</p> <p>Many thanks!</p>

http://www.lawdiscuss.com/questions/22/trademarking-a-business-how-to Nisha 2010-02-03T01:49:30Z 2010-09-08T06:23:22Z

<p>Why is trademarking my business name important? Do they have to be registered? </p>

http://www.lawdiscuss.com/questions/71/how-do-you-quitclaim-a-deed-to-keep-yourself-on-it-but-add-your-childrens-names Chenise 2010-03-08T23:42:59Z 2010-09-07T06:23:12Z

<p>I would like to have all our names on the deed. How do I fill out a quitclaim deed form which says "sell, release, remise, quit claim and convey unto" (blank)...do I need a form for each child or just one with all our names on it?</p>

http://www.lawdiscuss.com/questions/113/commercial-lease Gerald 2010-06-22T15:38:53Z 2010-09-06T10:23:10Z

<p>My Georgia corporation, which has been dissolved, broke a Georgia commercial lease. Are my other corporations I am an organizer of subject to any judgment liens? Or, are only my personal assets subject?</p>

http://www.lawdiscuss.com/questions/68/how-should-i-file-my-taxes-new-to-the-us Thomas 2010-03-07T21:42:02Z 2010-09-06T06:23:10Z

<p>I moved to the United States in 2008 for school, and in 2009 did an internship in Cambridge MA. My wife also worked during 2009.</p> <p>Now my question is: In what status should I file my/our taxes? Are there any advantages filing jointly over separately, and what does the "head of household" mean?</p> <p>Also: I am from Denmark, and have been trying to work out to what extent I am also tax-liable in my home country (which, as you may know, is one of the world's most intense tax-regimes). Does anyone know of resources or places where I can look that up?</p> <p>Thanks in advance!</p> <p>Best, Thomas</p>

http://www.lawdiscuss.com/questions/19/piercing-the-veil Mike Kahn 2010-01-29T01:48:29Z 2010-09-03T02:23:18Z

<p>What does piercing the veil mean?</p>

http://www.lawdiscuss.com/questions/121/parking-ticket-in-ny Barbara 2010-09-02T13:24:55Z 2010-09-02T13:24:55Z

<p>Yesterday i got a ticket for no parking in front of a school the traffic agency state that school day teachers are in the school but i check the door and it was lock can i fight this ticket</p>

http://www.lawdiscuss.com/questions/59/broadcast-rights-agreement Williams 2010-02-16T23:14:35Z 2010-09-02T08:23:08Z

<p>I'm interested in learning more about broadcast rights, information online seems sparse.</p> <p>I want to create a contract for a semi professional sporting event that would control and govern the broadcast, internet or otherwise of the event. There will be spectators using video cameras, I know if this were the NFL they wouldn't be able to just upload their stuff to Youtube, right?</p> <p>So what sort of language do I need to protect my rights to the copyrights for this event? </p>

http://www.lawdiscuss.com/questions/83/fog-creek-intellectual-property-rights hidden 2010-03-15T02:58:14Z 2010-09-01T14:23:16Z

<p>Can someone help me better understand this passage:</p> <p>PROPRIETARY/INTELLECTUAL PROPERTY RIGHTS</p> <p>Fog Creek and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Service and in all trade names, trademarks and service marks associated or displayed with the Service. You will not remove, deface or obscure any of Fog Creek's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service.</p> <p>StackExchange is a Trademark of Fog Creek Software, Inc.</p> <p>It sounds like Fog Creek owns all/any intellectual property created within their sites...is that correct?</p>

http://www.lawdiscuss.com/questions/82/obtaining-transcripts-from-trial-heard-in-st-louis-missouri Gina 2010-03-14T04:19:15Z 2010-09-01T12:23:09Z

<p>I am in St Louis Missouri and wondering if it is possible to obtain the transcripts from a criminal trial that was heard in the St Louis Missouri County courts somewhere around 1993, I have the defendants name, DOB, SSN, the case no. and the DOC no. Am I able to obtain these and if so how?</p>

http://www.lawdiscuss.com/questions/94/foreclosure-vs-short-sale Jeff 2010-04-06T18:24:43Z 2010-08-29T09:23:10Z

<p>is it better for me to foreclose on my property than short sale?</p>

http://www.lawdiscuss.com/questions/95/storing-of-customer-equipment Lynn 2010-04-06T19:20:15Z 2010-08-29T09:23:10Z

<p>How long in the state of pa do you have to hold on to a customers equipment when they have not contacted you or picked up merchandise</p>

http://www.lawdiscuss.com/questions/78/is-is-illegal-in-new-york-to-insist-that-employees-speak-english-at-work Greg 2010-03-12T02:35:10Z 2010-08-28T09:23:13Z

<p>Is is illegal, in New York, to insist that employees speak English at work? All of my employees can speak English, though some, particularly those inspiring this question, feel more comfortable speaking Spanish. I do not want my employees speaking Spanish unless it is necessary to help a client. I recognize the benefit of bi-lingual employees, thus I hired them. An unfortunate bi-product of employing bi-lingual employees is that other english-only speaking employees feel uncomfortable not being able to understand what is being said. I want to institute a policy that requires english to be the primary language spoken- and that other languages should only be spoken to help a client who can not effectively communicate in english. Thus when a client is not present, my employees should speak in english only. </p>

http://www.lawdiscuss.com/questions/63/are-my-prescriptive-appurtenant-easement-rights-protected-from-neighbors-road-va Chenise 2010-02-25T14:34:47Z 2010-08-28T09:23:13Z

<p>I have long standing access from my property to a side road shared with one other neighbor who lives at the end of the road. He has filed for road vacation from the county so he can, as he says, "own the road" and cut off my access. I have proof that the easement has existed for decades. Will he succeed? The county seems only to care about saving money on road maintenance.</p>

http://www.lawdiscuss.com/questions/20/can-employees-be-forced-to-sign-a-non-competition-agreement Joe 2010-01-30T00:04:14Z 2010-08-27T07:23:09Z

<pre><code>I have a job offer but my potential employer is insisting I sign a non-competition agreement. I'm very hesitant to sign these but he's hinted that he may withdraw the offer if I don't. Do I have any resource here? </code></pre>

http://www.lawdiscuss.com/questions/16/i-want-to-sue-my-employer LittleSpoon 2010-01-26T22:12:26Z 2010-08-27T01:23:11Z

<p>I really do, they made a big mistake</p>

http://www.lawdiscuss.com/questions/120/llc-and-business-license-in-california cine 2010-08-22T04:06:53Z 2010-08-22T04:06:53Z

<p>I'm applying for a SMLLC for a dance company (no classes--only performances). As I begin to establish my business, I'll be renting rehearsal spaces. For everything regarding daily business activities, I'll be working from my home office for now. I'm trying to learn as much as I can about LLCs and other business information, before sending the paperwork but I'm getting a bit confused. Hope you can help.</p> <p>Do I need to get a business license in addition to the LLC? </p> <p>As I was looking around the government web site, I saw the "fictitious name" area. Is that a separate thing from the LLC business name? Do I need to file for that as well? </p> <p>Thank you so much.</p>

http://www.lawdiscuss.com/questions/119/using-bus-route-data-in-iphone-app-with-ads Rob 2010-08-12T03:29:43Z 2010-08-12T03:29:43Z

<p>I emailed my city bus service asking whether they would allow me to use their bus route data in an iPhone app with ads, and got no response. If I did create the app, and profited from the ads, would they be able to, or likely to, sue me or demand that I pull the app?</p>

http://www.lawdiscuss.com/questions/118/my-next-door-neighbor-is-smoking-on-the-sidewalk-can-i-do-anything Kevin K 2010-08-09T15:54:57Z 2010-08-09T15:54:57Z

<p>I live in a residential neighborhood in New York state. I own my house and next door is a 3 unit rental. The apartment is advertised as non-smoking. The landlord has leased the apartment to a smoker on the condition that he smoke only on the public sidewalk. Now, every day the guy goes out a few times and and sits on the sidewalk and smokes. It's embarrassing and cheapened the entire neighborhood. Is there anything I can do to compel the smoker or the landlord to stop this? Is any law being broken?</p> <p>Thanks, Kevin</p>

http://www.lawdiscuss.com/questions/117/health-care-poa-vs-conservatorship Byron 2010-07-31T16:23:53Z 2010-07-31T16:23:53Z

<p>My grandfather is in need of a lot of extra help, especially with making decisions. My mother has Health Care POA. My aunt has conservatorship. If the two ladies disagree over a health care decision, who has more power?</p> <p>UPDATE: We all live in Tennessee, if that makes a difference.</p>

http://www.lawdiscuss.com/questions/115/is-it-legal-to-make-code-decompiled-reverse-engineered-form-an-application-framew chibacity 2010-06-24T13:45:09Z 2010-06-24T13:51:02Z

<p>My question paraphrases an original question I posted on Stack Overflow (a programming and IT related Q&amp;A site based on the same technology and format of this site):</p> <p><a href="http://stackoverflow.com/questions/3109357/is-it-legal-to-make-code-decompiled-from-net-libraries-publicly-available">Is it legal to make code decompiled from .Net libraries publicly available?</a></p> <p>One comment to my original question was:</p> <blockquote> <p>You may also want to talk to a lawyer and not a bunch of programmers.</p> </blockquote> <p>So here goes.</p> <p>My original question was related to the decompiling\reverse-engineering of parts of a computer application\framework, and then making the results of this publicly available by posting the code artefacts on a public website. The purpose of doing this would be to uncover the specific implementation\algorithm details, and then publish these details in the form of source code for the purposes of demonstrating an underlying principal of the implementation. this could be seen as falling under educational purposes.</p> <p>I understand that reverse-engineering in this particular case if legal, but I am not sure about publishing the results. From the comments to my original question this case may be covered by <a href="http://en.wikipedia.org/wiki/Fair_use" rel="nofollow">fair usage</a> (at least in the US). Is this the case? </p>

http://www.lawdiscuss.com/questions/114/are-there-any-free-examples-of-a-last-will-and-testament-in-the-uk timer 2010-06-24T11:38:55Z 2010-06-24T11:38:55Z

<p>I have scoured the internet seeking a free guide to creating a last will and testament. Pretty much all the websites advise one to pay for a commercial service (be it a lawyer or a will-writing website). But seeing as a last will and testament is something every adult should have, surely the Government would want to assist people with a guide to this essential part of civic existance? Or perhaps, out of the goodness of their hearts, somebody has prepared a guide?</p>

http://www.lawdiscuss.com/questions/112/is-it-always-a-good-idea-to-trademark-the-name-of-your-mobile-application Beachrunnerjoe 2010-06-21T03:30:49Z 2010-06-21T03:30:49Z

<p>I'm diving into the world of mobile application development for the iPhone and Android platforms. I foresee developing around ten applications this year, some very simple, others more complex. Is it always a good idea to trademark the name of your apps if you don't want to worry about someone else using them? I ask because each trademark application cost around $300 and when you're talking about ten applications, that's a lot of money.</p> <p>I also ask because I found out the hard way, about two years ago, how trademark law works and it's very different from other areas of Intellectual Property Law. With trademarks, it doesn't matter who came up with the idea first, like it matters with copyrights and patents. With trademarks, it boils down to who files the trademark application first. If I do understand that correctly, then that means I could build an app with a great name and if I don't trademark that name, someone else can trademark it and then hold me hostage to it. Is that correct?</p>

http://www.lawdiscuss.com/questions/106/how-to-get-access-to-westlaw-uk unknown (google) 2010-05-15T21:19:30Z 2010-06-17T08:23:04Z

<p>Is there a way to get access to Westlaw UK? I am not currently affiliated with any organization that has access, though I am willing to join if neccesary and the cost is not prohibitive. I am currently in Germany, though I will be moving to the UK at some point, and access from either of these locations is fine.</p> <p>I just need access for about 2 months to complete my thesis.</p>

http://www.lawdiscuss.com/questions/111/bad-neighbor-situation-no-landlord-house-in-foreclosure-who-do-i-call hnguyen 2010-06-10T18:23:19Z 2010-06-10T18:23:19Z

<p>Here's the gist of it:</p> <p>I live in a house behind another house occupied by these insane kids that like to party and scream at all hours of the night. It settled down 4 months ago after my going over there three times to discuss the noise (they apologized then promptly ignored me and continued being loud anyway), at least 6 calls to the cops (4 of which I made) who apparently only noted one incident and my calling the landlord who threatened to throw them out should they not settle down. Everything was paradise until 2 days ago when I started hearing their wild parties/screams (once around 7pm, 9pm and 2am). </p> <p>I called the landlord who dropped the bomb on me that he lost the house and it's in foreclosure and he has no legal recourse as to kicking them out. Apparently they are living there rent free and with no landlord and no fear of the police. </p> <p>Everyone I've talked to has told me to call the police but after having 4 conversations with 4 different cops each of which who told me that should this happen again, the next time they will get arrested for disturbing the peace -- I think they are useless (...don't even get me started on how ineffectual the cops are here...)</p> <p>What I need to know is: What can I do to get them thrown out? </p> <p>Note: I live in orange county, florida (orlando)</p>

http://www.lawdiscuss.com/questions/17/why-are-there-so-many-lawyers lisa rocks 2010-01-26T22:28:32Z 2010-06-05T00:23:05Z

<p>Why does it seem like there's an abundance of lawyers?</p>

http://www.lawdiscuss.com/questions/107/are-websites-tos-legally-binding Am 2010-05-16T07:43:47Z 2010-05-20T07:21:28Z

<p>Hi,</p> <p>My question refers to the fact that many website have a line in their TOS forbidding <a href="http://en.wikipedia.org/wiki/Data_scraping" rel="nofollow">data scraping</a> (manual or automatic).</p> <p>However, there are many products (like <a href="http://xbmc.org" rel="nofollow">XBMC</a>) that use services, such as imdb, amazon, etc to create their private database.</p> <p>so I was wondering, is the TOS legally binding? By using XMBC, am I violating the TOS of IMDB? Or since there is no <code>I Accept</code> button on these website, can the TOS be dismissed as a mere polite request?</p> <p>Thanks</p>