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Anne Whateley
Feb 11, 2007
:unsmith: i like nice words
This is probably the relevant background: https://www.avclub.com/bill-willingham-says-fables-is-in-the-public-domain-now-1850841102

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Kalman
Jan 17, 2010


Depends *heavily* on the contract he signed whether this matters at all.

sleepy.eyes
Sep 14, 2007

Like a pig in a chute.

Azuth0667 posted:

What does pleading the 5th during a traffic stop do?

You don't have to answer any questions without a lawyer present (so you don't have to speak till after you've been arrested) is my understanding.

I don't have to say where I've been, don't have to say how fast I think I was going, don't have to say how many cups of wine I've had, etc. Makes it harder for them to mess with you, ideally

B33rChiller
Aug 18, 2011




Thanks for the answers folks. Helps clear up some confusion I had.

Ham Equity
Apr 16, 2013

The first thing we do, let's kill all the cars.
Grimey Drawer

Azuth0667 posted:

What does pleading the 5th during a traffic stop do?

IANAL, but you don't plead the 5th during a traffic stop, you just don't answer questions, and keep asking "am I being detained, or am I free to go?"

You plead the 5th once you're arrested, because you need to specifically invoke your right to remain silent (merely not answering questions is inadequate).

Aztec Galactus
Sep 12, 2002

Isn't every character in Fables public domain already? Like that's the whole point

bird with big dick
Oct 21, 2015



e: sorry wrong thread

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Ham Equity posted:

IANAL, but you don't plead the 5th during a traffic stop, you just don't answer questions, and keep asking "am I being detained, or am I free to go?"

You plead the 5th once you're arrested, because you need to specifically invoke your right to remain silent (merely not answering questions is inadequate).

You don't need to plead the fifth unless you're giving testimony that's compelled.

The right to remain silent. Let's you just sit there and say nothing. You don't have to answer questions

Muir
Sep 27, 2005

that's Doctor Brain to you

blarzgh posted:

You don't need to plead the fifth unless you're giving testimony that's compelled.

The right to remain silent. Let's you just sit there and say nothing. You don't have to answer questions

You really want to affirmatively invoke your right to remain silent. See Salinas v. Texas and Berghuis v. Thompkins, for example.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
I ain't reading all that

Muir
Sep 27, 2005

that's Doctor Brain to you
All you need to know is that Salinas v. Texas is about a criminal defendant's rights and the opinion was authored by Alito.

Soylent Pudding
Jun 22, 2007

We've got people!


Which one of those is the case where they held "I want a lawyer, dawg" was too ambiguous to be an invitation of the right to counsel because the defendant may have been requesting a dog that was also a lawyer?

Muir
Sep 27, 2005

that's Doctor Brain to you

Soylent Pudding posted:

Which one of those is the case where they held "I want a lawyer, dawg" was too ambiguous to be an invitation of the right to counsel because the defendant may have been requesting a dog that was also a lawyer?

That one was actually more about the ambiguity of the rest of the sentence than his use of the word "dog" per se:
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/11/03/the-lawyer-dog-decision-isnt-obviously-wrong/

Leperflesh
May 17, 2007

on the other hand, if you ask for a "lawyer, bro" you are legally entitled to a totally bro lawyer

Kazinsal
Dec 13, 2011

Leperflesh posted:

on the other hand, if you ask for a "lawyer, bro" you are legally entitled to a totally bro lawyer

The booking officer sighs as he dials the memorized number for the law firm of Chad, Chad, and Chad

honda whisperer
Mar 29, 2009

There's some drama in the home buying thread that should peak soon.

https://forums.somethingawful.com/showthread.php?threadid=3131399&pagenumber=1297&perpage=40

Go back a few pages. Tldr, goon is buying a house. The house is being sold by people who didn't pay their taxes on their business for years and almost all the money is going to said taxes.

Part of the deal is a rent back for $25k that kicked in yesterday. They intentionally missed their move out date by 1 day to trigger this and now want to turn over keys tonight.

Goon theory is they're going to demand $25k cash to bounce or start squatting.

It's being purchased by 3 "friends".

1 lawyer may have been bothered yesterday for 45 min. Maybe.

Ham Equity
Apr 16, 2013

The first thing we do, let's kill all the cars.
Grimey Drawer

honda whisperer posted:

There's some drama in the home buying thread that should peak soon.

https://forums.somethingawful.com/showthread.php?threadid=3131399&pagenumber=1297&perpage=40

Go back a few pages. Tldr, goon is buying a house. The house is being sold by people who didn't pay their taxes on their business for years and almost all the money is going to said taxes.

Part of the deal is a rent back for $25k that kicked in yesterday. They intentionally missed their move out date by 1 day to trigger this and now want to turn over keys tonight.

Goon theory is they're going to demand $25k cash to bounce or start squatting.

It's being purchased by 3 "friends".

1 lawyer may have been bothered yesterday for 45 min. Maybe.

Really? Gonna air quote me like that?

Guy Axlerod
Dec 29, 2008
It's not like you're gonna get a lawyer involved over it.

Muir
Sep 27, 2005

that's Doctor Brain to you

Guy Axlerod posted:

It's not like you're gonna get a lawyer involved over it.

I don't need this dogpiling making GBS threads up *two* of my bookmarked threads. And guess what, so far it's working out fine. And Ham did actually consult a lawyer at multiple stages. Come on.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
Lmao they came here to fight

bird with big dick
Oct 21, 2015

Does plinkey have a case? What should be his next steps? Is anyone here interested in representing him in his defamation lawsuit?

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

bird with big dick posted:

Does plinkey have a case? What should be his next steps? Is anyone here interested in representing him in his defamation lawsuit?

No. 12. No.

Sub Rosa
Jun 9, 2010




Sub Rosa posted:

So, uh, this worked. They are going to buy it back.
Vehicle was returned today! Full amount as a check I electronically deposited, and he gave me a couple hundred bucks in cash on top in apology(!?). He seemed genuinely embarrassed that he didn't catch the rust? I mean I didn't make a show of being mad or demand more. Was really surprised at the cash. I mean, I am still pretty surprised about all of it.

bird with big dick
Oct 21, 2015


lmao

Bad Munki
Nov 4, 2008

We're all mad here.


Sub Rosa posted:

Vehicle was returned today! Full amount as a check I electronically deposited, and he gave me a couple hundred bucks in cash on top in apology(!?). He seemed genuinely embarrassed that he didn't catch the rust? I mean I didn't make a show of being mad or demand more. Was really surprised at the cash. I mean, I am still pretty surprised about all of it.

Well done, that’s pretty great. The extra “for your troubles” cash is probably to avoid negative reviews or bad press or other fallout, it’s a small price for him to pay.

Leperflesh
May 17, 2007

I wonder if the dealership has an insurance policy that will let them, effectively, write off the loss now with no financial impact to themselves, and this experience may prompt you to buy a different car from them.

Ham Equity
Apr 16, 2013

The first thing we do, let's kill all the cars.
Grimey Drawer

Leperflesh posted:

I wonder if the dealership has an insurance policy that will let them, effectively, write off the loss now with no financial impact to themselves, and this experience may prompt you to buy a different car from them.

It's gotta be something like this.

The only other possibility is OP found an honest car dealer.

DimiPZC
Jul 29, 2020

The very bestest!
So for about 2 years my team has been the only active maintainers of a github repo. We were given ownership permission after the previous lead dev was removed from the repo and my co-dev made the new lead dev; beyond which and a couple requests for website permissions, the organization on which the repo is hosted has paid little to no attention to the development of this repo. The owner gave us radio silence the last time we tried to contact them, and our only contact has been through a friend of said owner who claimed to be an executive and even claimed to be 100% the owner of the repo in the absence of the other owner, to which nobody to our knowledge contested it.

Some drama happened over monetization (there was discussion about growing the repo, one of the proposed ideas was allowing people who use the repo to monetize their own works, people got mad that a hobby thing was being made into a part-time job, bit more complicated but that's the gist), and as a result this friend of the owner decides to get involved, telling us to move out of the repo and that he didn't want the organization associated with us. We discussed moving out of the repo with him, and decided that since the organization hadn't been doing any active development of the program for years, that it would be less confusing for the users of the program if we moved the repo using githubs transfer repo tool, as this would redirect all old build links to the new repo and keep all the releases, leaving the old repo blank until they wanted to do something with the program at which point they could clone the new repo. This friend of the owner agreed to this; they are a clueless idiot who doesn't know anything about how code or github works, so we spelled it out very carefully to him that we were going to leave the organization's repo blank and move it to our new repo, which he agreed to.

Now we're under hot water from the organization and the members of it's (to be frank, extremely edgy and bigoted) discord for "stealing the repo", the friend of the owner changed their mind and decided they *didn't* okay it, and some people in the organization are even saying that the friend of the owner had no authority to okay this decision. At least two of the previous devs of the program who were still active in the organization's discord are accusing us of theft and we're being threatened with a lawsuit. However, moving the repo back would only hurt the users of the program by confusing them, especially if they mistakenly report issues on the inactive repo, and the repo has been licensed under GPL3 (a copyleft license) since it was first made public, so the legal side of things is very confusing (especially since the organization, which is based in Ohio, USA legally dissolved a few months ago; I'm based in Ontario, Canada).

I guess my question here is, are we in any actual danger of a lawsuit? Did we do anything wrong?

Bad Munki
Nov 4, 2008

We're all mad here.


If it's already been under GPL3, take your lumps and fork it, give the OG back, and move on. Make the fork better than the OG and they can gently caress off forever. Communities that use these things and actually care about them can weather minor disruptions like that.

Zero VGS
Aug 16, 2002
ASK ME ABOUT HOW HUMAN LIVES THAT MADE VIDEO GAME CONTROLLERS ARE WORTH MORE
Lipstick Apathy

Bad Munki posted:

If it's already been under GPL3, take your lumps and fork it, give the OG back, and move on. Make the fork better than the OG and they can gently caress off forever. Communities that use these things and actually care about them can weather minor disruptions like that.

So you're telling them to go fork themselves?

Bad Munki
Nov 4, 2008

We're all mad here.


Zero VGS posted:

So you're telling them to go fork themselves?

Almost: you have to go fork yourself. You're telling them to fork off.

DimiPZC
Jul 29, 2020

The very bestest!
At this point I'm leaning give it back because I really don't want to deal with these people. One of the devs talking to us has been a brick wall saying "stealing is bad". They are claiming that we are in multiple breach of license (including "material breach" according to section 10 paragraph 2 of the GPLv3 license) and have stolen IP that belong solely to the organization; threatening that we'll no longer be able to use the software or develop for it and that they will serve us bot publicly and privately. I've tried to reason with them, telling them they can duplicate it, but they're insistent that they want "the original repo" back.

I don't know if they actually have a leg to stand on or if they're just trying to sound scary because they aren't getting their way. It would help to know if (on paper from my description at least) we've done anything wrong. My sanity has taken a toll since this whole poo poo started. Obviously the best move is to give it back and gently caress off, but assuming we kept it, would we be violating anything?

Edit: One of my co-devs brought up naked licensing as a potential factor in this, could someone help me understand if that might be applicable here?

DimiPZC fucked around with this message at 22:16 on Sep 21, 2023

Muir
Sep 27, 2005

that's Doctor Brain to you
How much money is actually in play here? That will give you a sense of whether someone is actually likely to spend thousands or tens of thousands of dollars on a lawsuit with international parties.

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.

DimiPZC posted:

At this point I'm leaning give it back because I really don't want to deal with these people. One of the devs talking to us has been a brick wall saying "stealing is bad". They are claiming that we are in multiple breach of license (including "material breach" according to section 10 paragraph 2 of the GPLv3 license) and have stolen IP that belong solely to the organization; threatening that we'll no longer be able to use the software or develop for it and that they will serve us bot publicly and privately. I've tried to reason with them, telling them they can duplicate it, but they're insistent that they want "the original repo" back.

I don't know if they actually have a leg to stand on or if they're just trying to sound scary because they aren't getting their way. It would help to know if (on paper from my description at least) we've done anything wrong. My sanity has taken a toll since this whole poo poo started. Obviously the best move is to give it back and gently caress off, but assuming we kept it, would we be violating anything?

Edit: One of my co-devs brought up naked licensing as a potential factor in this, could someone help me understand if that might be applicable here?

you need to hire an attorney to tell you that. A couple thousand for an an IP lawyer to review and give you real advice on the situation

DimiPZC
Jul 29, 2020

The very bestest!

Muir posted:

How much money is actually in play here? That will give you a sense of whether someone is actually likely to spend thousands or tens of thousands of dollars on a lawsuit with international parties.

It's a hobbyist thing done for free, so barely any money. This does reassure me though, I don't think it's likely they have the money to spend to sue us. Thank you!

Big Bowie Bonanza
Dec 30, 2007

please tell me where i can date this cute boy
.

FirstnameLastname
Jul 10, 2022
so my little brother got a job at this tobacco shop here in WA

he just quit a couple days ago

the dude who owns it is a former cop (who quit when stuff got "all political" after George Floyd, that kind of person all-around) selling untaxed cigs for cash (pretty sure he's buying them from the reservation, possibly stolen?), is stealing all his employees debit/credit tips thru their POS system, stripe iirc, who're out of state, that's technically wire/credit fraud, right?

no taxes on any cash transaction, no W2, no on-paper proof of employment. no overtime pay, has people work extra outside their shifts for stuff like closing /opening without pay etc. hires only college students, doesn't retain anyone for more than about a month or two

my brother called L&I, they said call the IRS, and I'm thinking if he contacts the IRS on this, the ATF is gonna get involved bc of the cigarette stuff, right? should he contact a lawyer over this stuff or just go forward with it? if he should contact a lawyer, what kind? we don't have money to hire one so it'd have to be under contingency or pro bono and im not really sure how that junk works

he wasn't working at the place very long, a couple months, so the actual personal losses to the employer's probably only a few hundred bucks, but the total amount in stolen wages, evaded taxes, and fines and interest is probably [i]quite[i] large, into the hundreds of thousands at least, and might be enough to qualify for a whistleblower reward - guy owns at least 5 different stores, they've been in business a few years, he's absolutely doing this stuff at all of them and isn't trying hard to cover anything up. I'm pretty sure the only reason he hasn't gotten busted is he only hires college kids & they just dip out or start stealing back from him & get fired

my brother basically wants to not get hosed over but also i want him to not get hosed over by the feds & be named by them in a trial or have to be involved in some big court poo poo & i don't know how much they do or don't look out for whistleblowers in this kind of stuff and he's asking me what he should do, if anyone knows what to do in this kinda situation id appreciate any kind of info :)

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.
My understanding is that ATF is unlikely to get involved in any immediate part of the process here as you describe it; the financial stuff they'd redirect to IRS.

There's an IRS whistleblower process, which includes awards for qualifying cases where the IRS ends up able to get money from the subject. This pdf describes the basics. However, that process is cumbersome and may have some retaliation risk- and from your post alone it sounds like the amounts are low enough that it wouldn't be all that likely that your brother would be guaranteed an award. If he does want to pursue this process, the form, Form 211, is available on this page along with additional information.

Instead I suggest that your brother fill out Form 3949-A, which is more user friendly, can be done online, and can be anonymous but doesn't come with any chance of an award. It's the basic "report tax fraud" system.

Others can speak to whether or not an attorney is needed for this- they could help with the paperwork, but I don't know that it's necessary. It's an IRS form so it's complicated, but it's a part of their system that's meant to be used by rando members of the public without issue.

I can't talk about the specifics, but IRS is generally very good about protecting sources of information in investigations. Even if he did list his info on the form, the people who pick up the case probably wouldn't ever learn that information.

bird with big dick
Oct 21, 2015

FirstnameLastname posted:

so my little brother got a job at this tobacco shop here in WA

he just quit a couple days ago

the dude who owns it is a former cop (who quit when stuff got "all political" after George Floyd, that kind of person all-around) selling untaxed cigs for cash (pretty sure he's buying them from the reservation, possibly stolen?), is stealing all his employees debit/credit tips thru their POS system, stripe iirc, who're out of state, that's technically wire/credit fraud, right?

no taxes on any cash transaction, no W2, no on-paper proof of employment. no overtime pay, has people work extra outside their shifts for stuff like closing /opening without pay etc. hires only college students, doesn't retain anyone for more than about a month or two

my brother called L&I, they said call the IRS, and I'm thinking if he contacts the IRS on this, the ATF is gonna get involved bc of the cigarette stuff, right? should he contact a lawyer over this stuff or just go forward with it? if he should contact a lawyer, what kind? we don't have money to hire one so it'd have to be under contingency or pro bono and im not really sure how that junk works

he wasn't working at the place very long, a couple months, so the actual personal losses to the employer's probably only a few hundred bucks, but the total amount in stolen wages, evaded taxes, and fines and interest is probably [i]quite[i] large, into the hundreds of thousands at least, and might be enough to qualify for a whistleblower reward - guy owns at least 5 different stores, they've been in business a few years, he's absolutely doing this stuff at all of them and isn't trying hard to cover anything up. I'm pretty sure the only reason he hasn't gotten busted is he only hires college kids & they just dip out or start stealing back from him & get fired

my brother basically wants to not get hosed over but also i want him to not get hosed over by the feds & be named by them in a trial or have to be involved in some big court poo poo & i don't know how much they do or don't look out for whistleblowers in this kind of stuff and he's asking me what he should do, if anyone knows what to do in this kinda situation id appreciate any kind of info :)

Hey. Small businesses are the lifeblood of America and this brave, hardworking, and clever entrepreneur is a living avatar for the American dream.

bird with big dick fucked around with this message at 22:22 on Sep 24, 2023

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RapturesoftheDeep
Jan 6, 2013
Are there any potential nightmarish drawbacks to being the executor of a will?

A good friend has asked me to be the executor of his will and I'm inclined to do it, but just wanted to make sure there isn't some way it can go horribly wrong before I say yes. He's a pretty average middle-aged, middle-class guy, but he also has a tendency to be disorganized, a borderline hoarder, and have a lot of conflict in his family. I've heard that it's common for the executor to essentially resign and hire a lawyer to do the actual paperwork-- is that so?

This would be in Pennsylvania.

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