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B33rChiller
Aug 18, 2011




I'm curious if there's a mechanism for registering a creative work in the public domain?
Would that possibly be a step to help prevent copyright trolls asserting copyright over a work?

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B33rChiller
Aug 18, 2011




Kalman posted:

Registering a work in the public domain as in, taking a work that’s already public domain and registering it? Or as in registering it as belonging to the public domain?
Sorry, I was unclear.
I meant to register a work as being public domain.
Things like Cc licensing still retain rights and attach conditions.
I was thinking having something registered as being public domain could help prevent some other jerk coming along g and claiming rights over a work, and suing other folks that have used it.

B33rChiller
Aug 18, 2011




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

B33rChiller
Aug 18, 2011




I guess this is the thread to ask pedantic questions about definitions.
Does the word "should" carry legal obligation in a contract?
"Must, shall, will" are certain and definite, "should, may, might" seem like words that allow or advise, rather than require something.
I know the answer is always "it depends", but any more insight or thought on top would be appreciated, thanks.

B33rChiller
Aug 18, 2011




blarzgh posted:

Rules of Construction say you have to read the clause in context of the agreement, try to give terms their plain meaning, try to read each provision as if the parties meant for it to be binding, and don't insert meaning or intent where none is present.

Now, ask a judge to do all that and be surprised if he comes to a different conclusion than you did.
So, a fight and a dice roll to be had then, eh?

B33rChiller
Aug 18, 2011




Guess what mom? I got a JD from somethingawful niteschool!

B33rChiller
Aug 18, 2011




Not a lawyer, but I think it's inadvisable to send mail from active crime scenes.
hope everything works out for you.

B33rChiller
Aug 18, 2011




blarzgh posted:

(Also a history of the church, and a double homicide)
If they've only got 2 bodies, that pretty much qualifies as "best" church, right?
Fuckin bush league.
Let us know when they find unmarked graveyards behind LDS schools.

B33rChiller
Aug 18, 2011




Arsenic Lupin posted:

Do LDS get some points for the Mountain Meadows massacre and the century-long attempt at a coverup?
I'm largely ignorant, this is the first I've heard of it, but I'll count it.


EwokEntourage posted:

nah that book just talks about one double homicide in particular, it also covers a lot more hosed up poo poo (there's a lot of about the FLDS Church in it). Good book, depending on whether you like Jon Krakauer or not
Unsurprising disappointment.

B33rChiller
Aug 18, 2011




Hieronymous Alloy posted:

On the other hand (true story) one time when I was a kid I was sitting in the front room of our house and suddenly I heard this giant WHAM

A SUV had wrapped itself six inches deep around the . . . six feet of steel railroad rail . . .
that my father had sunk half it's length in concrete in front of the tree out front because he was sick of people hitting his fruit trees

If that railroad rail hadn't taken the hit I might nor be here posting today!

So, I mean, perhaps the world would be better off, but in some ways this might be one of those judged by twelve or carried by six situations

Basic premise that armor is ok. Shooting at incoming traffic is not.

B33rChiller
Aug 18, 2011




Huggybear posted:

I am speaking to lawyers this week. It is time for some righteous vindication.

Legal vindication, not the Pulp Fiction variety.

Once that's sorted, be sure to contact all your old colleagues and agitate for unionizing.
Best of luck to yah!

B33rChiller
Aug 18, 2011




Thomase posted:

Yeah, I start a new job next week and apparently I get access to an EAP. I'll probably just save it to then.

Not sure about Ontario, but in BC, one of the concerned ministries has a free mediation service for family law type stuff. My ex and I used them to draw up a separation agreement laying out splits, child support, etc. That kind of thing might be worth a google. There may be something similar available to you, as a public service.

B33rChiller
Aug 18, 2011




ryanrs posted:

How is mail theft likely prosecuted in Santa Clara County, CA?

This is a small group of people repeatedly entering my apartment building and emptying the mailboxes with a USPS master key. This is not outside. They are bypassing locked doors and gates and coming into our building. We have them on camera a couple times, and I am working on installing a silent alarm so the cops have a better chance of busting them. Over 100 people live in this apartment complex and are having their mail stolen multiple times per month.

Here are some charges that seem to fit the facts:

18 USC 1708 Theft or Receipt of Stolen Mail - felony 5 yr
18 USC 1704 Keys or Locks Stolen or Reproduced - felony 10 yr
CA PC 530.5(e) Mail theft - misdemeanor, refers to 18 USC 1704
CA PC 459 first-degree burglary - felony

Does anyone know how the charges work out, in practice? How likely is the USPIS to seriously pursue a case? Does the DA just wave around the big, bad federal charges to get a misdemeanor plea to 530.5(e)? Because of the DOJ Petite Policy, there's either federal or state prosecution, not both, right? But it's also 1st degree residential burglary, which earns you a strike and no probation in California.

This poo poo is going to go nuts over the holidays. So I am hoping they get caught. The building is in a location that has excellent response times (a block from 2 major arterials) and it happens during not-busy times (1-4 AM mid-week). I am trying to learn more about the legal aspects of this process.
If/when LE manages to nab someone, I would guess there's a good chance they come across enough evidence to slap on some identity theft charges too.

B33rChiller
Aug 18, 2011




Canine Blues Arooo posted:

Iunno, I've been field sobriety'd twice because a college version of me got SO nervous about being pulled over that I probably did look compromised. They let me go both times because I was just a dumb, nervous college student - not drunk :shrug:. Law Enforcement kinda sucks as a group, but I'm not convinced that most cops are out there to be dicks.

In the last few days, I've been reading more about Field Sobriety tests and came away with the following:

• You can deny to do them in all 50 states - they are not required.
• They are basically just designed to gain probable cause for an arrest.
• That's kinda bullshit.

Seems like a good way to go would be to just ask to blow, and get something quantifiable, not dependent on the interpretation of indicators. This being from the perspective of someone actually sober behind the wheel.

B33rChiller
Aug 18, 2011




Hieronymous Alloy posted:

The difficulty there is that generally police departments use dedicated machines back at the station to give breathalyzer tests now -- and those machines are back at the station, which means you gotta get arrested first.

You'd think they'd let you go and drop the charge, but, no, once they've arrested you, the cop ain't gonna just drop it. I have absolutely had DUI clients who blew 0.0 and the cop still tried to prosecute the case (usually by claiming the defendant was on drugs or impaired by something not alcohol).

I suppose you do the best you can when met with dead wrong, absolutely certain, donkey stubbornness. Who is also armed.

B33rChiller
Aug 18, 2011




Mr. Nice! posted:

If it was someone trying to hide money, it would be. In this case it’s a lawyer depositing fees earned.

There isn’t an issue with money laundering in this case because there’s no return of funds to anyone. We weren’t being paid a retainer or holding money in trust. Our fee agreement for criminal representation makes it clear that the fee is earned by the attorney up front and due immediately. This is bog standard in my state.

Commercial banks will charge for all sorts of things for business accounts. If you’re routinely bringing in a lot of cash, some banks will charge you for dealing with it. My boss felt it was easier/cheaper just to pay associates with the cash. It was all still taxed and reported to the IRS.

Were there impacts on insurance due to having significant fat stacks on premises?
Seems like additional risk.

B33rChiller
Aug 18, 2011




Mr. Nice! posted:

She didn’t have cash on hand. She’d deposit cash or pay us advances.

Smart. Far smarter than I, apparently.

Where'd I leave my eggnog?
:cheersbird:

B33rChiller
Aug 18, 2011




BigHead posted:

Those "suspicious activity reports" are big fat nothing burgers. They're standard paperwork that goes nowhere and means nothing unless the target is already under some other money laundering investigation. I used to do white collar stuff, have been trained on those reports, and have used them. They're basically only good for astute public defenders filling motions to compel which confound idiot prosecutors. If a case is at a stage to get the SARs it's at a stage where the cops have all your back account records already from the bank directly.

For clean money, they're no biggie.
Where's this money from? Wages, I work on a ship. Got anything to back that up? Yeah, here’s my paystubs. OK cool, sign here.

B33rChiller
Aug 18, 2011




Hypothetically, what kinds of charges might one be facing, if they disagreed emphatically with the judge at sentencing?

Unrelated question: any good defense lawyers in Vegas?
11:09am 01/03/2024 at the regional justice center HOLY poo poo!

B33rChiller fucked around with this message at 19:55 on Jan 4, 2024

B33rChiller
Aug 18, 2011




"I'm a person who never stops trying to do the right thing"

B33rChiller
Aug 18, 2011




Legal questions thread: now with bonus interior design tips!

B33rChiller
Aug 18, 2011




Mr. Nice! posted:

Cowardly judges don't want to kill cops golden goose of probable cause.

There might be a surprising effect on Leo olfactory senses. They just might begin to only ever smell the aroma of burnt Marijuana, suggesting recent smoking in the car.

B33rChiller
Aug 18, 2011




blarzgh posted:

You can garnish bank accounts forclose on real and personal property, seize assets, all that jazz. The State can, and will grab anything that isn't nailed down, and will foreclose on anything that is l.
How likely do you think it is that he delays and puts up enough obstacles that they end up having to seize it from his estate?

B33rChiller
Aug 18, 2011




Yeah, I was thinking he might do the whole ignore poo poo, protest, attempt procedural delays at every opportunity shy of an actual appeal requiring a cash deposit.
I would guess every little step involved in the actual seizure and sale would present an opportunity to try slowing things down.
And the guy is old and not exactly the shining example of health.

B33rChiller
Aug 18, 2011




If it were, say a fraud or theft case, or something that could have reparations or similar, would the victims just be poo poo out of luck?
Have to sue the estate civilly?

B33rChiller
Aug 18, 2011




blarzgh posted:

You generally always have to sue civilly for damages, whether the individual or the estate.

'Reparations' are almost exclusively a condition of probation, only by agreement of the defendant, in certain types of criminal cases, but they aren't very common to my knowledge.
Thanks. Re-reading, I remembered the term I was originally attempting
was "restitution".
I had heard it ordered fairly recently on a zoom hearing, and was kind of surprised that was a thing that the court would order.
But, if I'm correctly gathering what you laid out, that would have been by some sort of agreement?

B33rChiller
Aug 18, 2011





Classic lawyer answer.
See also: "It depends"

B33rChiller
Aug 18, 2011




Javid posted:

I'm trying to imagine what inheritance item would be so burdensome nobody wanted it, so low-value that selling it and splitting a fat check isn't an option, but somehow everybody still feels strongly enough about what SHOULD happen to it that one person shrugging and driving it to the dump is a no-go.
Great granny's tredle sewing machine. (/collection)

Edit: they're pretty heavy and low$ value, high sentimental "somebody not me should save this in the family" value.
See also: upright pianos.

B33rChiller fucked around with this message at 00:29 on Mar 3, 2024

B33rChiller
Aug 18, 2011




Atticus_1354 posted:

My boss rented a home to an (ex)employee. That employee apparently had schizophrenia and after a very long eviction process during covid finally got him out. The guy abandoned a bunch of property, including a very large speedboat that looks like it came off the set of Miami Vice and apparently beeds some work. We live in Central Texas at least 4 hours from the coast. It now lives on a trailer at another coworkers ranch because no one can figure out what to do with it.
There are likely boat brokers on the coast who will get rid of it for you. Might have some process to get whatever title or paperwork for registration or licensing or whatever officially shows ownership of abandoned property sorted first.

ETA: Wow, some things are truly timeless. Royalty giving artists the shaft. Same as ever, except these days, it's over Instagram digital photos, and I magically get to read an inside perspective, written in English!

B33rChiller fucked around with this message at 19:52 on Mar 8, 2024

B33rChiller
Aug 18, 2011




Signage: one weird trick to absolve yourself of the responsibility for securing your load. Traffic courts hate this.

B33rChiller
Aug 18, 2011




Does a felony conviction in the US take away 2a rights for life? Or is there a way for someone with a felony conviction to be allowed to regain firearms at some point down the road?

B33rChiller
Aug 18, 2011




Thanks for the answers. I have neither 2a rights, nor a felony conviction, and don't have any plans. This was just curiosity. I understand you lose some rights (like freedom of movement) for a period of time as part of a sentence. It just struck me as odd that such a big deal right wouldn't have a mechanism for getting it back.

Any of my questions about US law is from the perspective of a curious foreigner. I may have the misfortune of interacting with your legal system some day, but haven't had any reason so far.

B33rChiller
Aug 18, 2011




Jean-Paul Shartre posted:

There was no federal judicial branch per se under the Articles of Confederation. Congress itself was to be a final court for any dispute between states, with the Articles envisioning the legislature basically appoint learned lawyers as “judges” (more like what we’d think of today as arbitrators) to this court which is more of a legislative subcommittee.

As to the US Reports, and I’m doing this while on a coffee break so please don’t hold me to the specific little details, as an inherited thing from the British legal system, the Reporter of Decisions of the Court was basically a sinecure position given to private printers. This changed in, I believe, either the late 1790s or early 1800s. To this day, the very early Reports are referred to by their printer’s name, so you’ll see citations to early cases to “2 Dallas” or “3 Cranch”. And some of these printers, to try to make the books more comprehensive or useful, would add pre-Constitution, even pre-independence decisions from state or colonial supreme courts. I’m betting that the 1754 (and 1776) references in the LoC entry is to such cases in that particular Report.

This is yet another reason I love this site.
Someone can ask an obscure, super nerdy question about historical legal things, and get a thoughtful and informative answer promptly.
I had no idea about any of this, and get to learn for a one time tenbux.
"Ask the pig balls site" factor ftw.

B33rChiller
Aug 18, 2011




More of a comment,and maybe a lighty facetious question:
Are you allowed to smoke in zoom court? Should a lawyer know the rules? Does this guy know he's broadcasting internationally?

:911::dumbbravo:

B33rChiller
Aug 18, 2011




blarzgh posted:

I joined a zoom hearing once where a pro se went out on his front porch and lit up a swisher sweet and the judge got very mad at him
Hahahaha.
This guy wasn't on screen very long. I think he caught himself before the judge noticed him. Dumb luck, I guess.

B33rChiller
Aug 18, 2011




Skunkduster posted:

Would that confession hold up in court to get him convicted for selling crack?
Sorry, but I saw a youtube that told me it's not a sale if no money changed hands. It's barter, and according to the us constitution, the police can't stop you from freely bartering, and attempting to impede you is a violation of your rights.

Edit: it's in the magna Carta if you ever bothered to look things up. Pppfffffft :eyeroll:

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B33rChiller
Aug 18, 2011




I don't see the problem, if they're not using it for commerce? (US. Vs the entire Bey clan)

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