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WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Abugadu posted:

If the film quality were too crappy, though, or the film was altered, the licensor may have an action against the airline (see, e.g., Monty Python successfully suing CBS (I think) for the heavily-altered-and-no-longer-funny US versions of their Flying Circuses).

ABC, and that part was decided under trademark, not copyright.

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WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

quote:

To the extent the Employee may, by operation of law or otherwise, acquire any right, title or interest in or to any Confidential Information or Invention, the Employee hereby assigns to the Employer all such proprietary rights.

That's ridiculous.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Abugadu posted:

The Lanham Act/moral rights stuff at the end was not the holding of the case, even though it was what made the case famous.

I don't think "lovely rip" constitutes editing per Gilliam.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Solomon Grundy posted:

Fellow lawyers, I am hoping that one of you hip internet guys knows the answer to this so I don't have to research it myself. I am old and technology frightens and confuses me.

A dude called me because he wants to sue some guy. Dude had placed a family video of his wife doing normal, non-sexual things on youtube. Some guy either (1) used keepvid or something similar to download and re-post the video in his channel on youtube, or else (2) some guy added the video to his youtube channel without downloading and re-uploading it (if that is even possible). The problem is that some guy added an overtly sexual label to the video, making it look like it was going to be a sex video if it was clicked upon. Some guy made no changes to the video itself.

Everything was taken down by youtube after a DMCA claim, but dude is outraged and wants to exact civil justice from some guy to the fullest measure of the law. I'm not taking the case because (1) I don't share dude's outrage, (2) collectibility concerns of some guy, and (3) having trouble pinpointing a cause of action (not quite defamation, not quite invasion of privacy, etc.) We don't recognize false light in my state.

It is my practice when rejecting a case, that if there is a cause of action potentially available, I disclose it and the statute of limitations in a letter so that I don't get sued later. Anyone see anything beyond defamation or invasion of privacy? Is there a copyright cause of action under these facts, and if so, what's the statute of limitations?

false light tort if your jurisdiction recognizes it

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

srsly posted:

If by "evidence against him" you mean "admissible at trial," to get this admitted at trial the prosecutor would have to identify and subpoena Aafter, and make Aafter come testify.

And then somehow make it not hearsay.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
I almost went to UF Law, and I thought it was just common to submit your bar app your 1L year.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

grnberet2b posted:

Austin, TX

My mom was in a fender bender and has received a rental car while her car is in the shop. The rental car has Louisiana Commercial license plates. This evening, she was pulled over and ticketed for operating a non-registered motor vehicle. (yes, stupid for not verifying registration status, but that's not typically something I would think one would need to worry about when renting a car) In this scenario, could the rental company be held liable for the cost of the ticket?

Update w/ more info and another question: the ticket was written for "operate unregistered motor vehicle". The sticker on the plate expired at the end of July 2011, the officer claimed that when he ran the plate, no match came up, which was the reason for initiating the stop. Is expired registration and unregistered MV the same charge?

Out of curiosity, has she spoken to the rental agency regarding whether they'll pay for the ticket?

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
Can DC even enforce a Virginia inspection sticker issue (assuming this is the safety inspection yellow sticker on the windshield)?

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Arch Stanton posted:

Some cops thought I was stealing stuff. They cuffed me, searched me, asked me a few questions while they ran my record, decided I wasn't a thief but cited me for trespassing, and sent me on my way.

Does this constitute an arrest?

Most likely, but what's the context of the question?

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Do Not Resuscitate posted:

Is a municipal code (Pacifica, California) under copyright? The publication of the code is contracted out to an exclusive publisher (municode.com) and I understand that unique formating and editorial enhancements are under copyright, but what about the text of the code itself?

Yes

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Do Not Resuscitate posted:

Bummer. I was hoping that courts had considered muni codes part of the public domain in instances like these.

Thanks for your time and reply!

On the other hand, here's a resource I disagree with (My position is that they are copyrightable, but that almost any conceivable use is fair use)

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

nm posted:

I think you may be incorrect, but I'm not the ip attorney. I know there's been some issues with this re:penal codes.

Well, the courts are getting it wrong then, insofar as the Copyright Act clearly states that all fixed works are copyrighted except for those created by the federal government, but it's hardly a big deal given that it's all the same result.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

ibntumart posted:

May I ask what you base your unqualified yes on?

17 U.S.C. §§ 102, 105.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

nm posted:

Westlaw just crashed on my rear end, but the case law in California is this:

http://www.firstamendmentcoalition.org/wp-content/uploads/2009/08/Santa-Clara-appeal-decision.pdf
I don't know what CA law is for muni codes though. This is why the guy should hire a lawyer.


That, at least, makes sense, like the state decides whether a work is released to the public domain, like any other author.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

nm posted:

In every state I've ever seen, you run a red light only when you enter the intersection on red. It is not a violation of law to be in the intersection on a red as long as you entered on green or yellow.
You should be in the clear and if not, you should fight it.

Virginia seems to be different:

quote:

Steady amber indicates that a change is about to be made in the direction of the moving of traffic. When the amber signal is shown, traffic which has not already entered the intersection, including the crosswalks, shall stop if it is not reasonably safe to continue, but traffic which has already entered the intersection shall continue to move until the intersection has been cleared. The amber signal is a warning that the steady red signal is imminent.

Not that I practice traffic law in Virginia

We have left on red though which is nice

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
This is the guy who has been posting about how you don't need a lawyer for criminal matters because he successfully defended himself in a traffic case, fwiw

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
The reason I think lawyers were pissed off in the past about it is because, strangely enough, we actually care about defendants (our prosecutors notwithstanding), and don't want them to make dumb mistakes that have serious consequences, and you were telling people that we aren't necessary, so to hold you up as an example of Why You Should Get A Lawyer is, frankly, a public service.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
Not a practicing lawyer, but I'd be interested in hearing if the criminalized fraud is only in the formation of the marriage or in the continuance of the marriage. That is, it is a crime to marry a foreigner for the purposes of their acquiring citizenship, but I'm at least not aware of any requirement to divorce.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
If you can't find a lawyer by then, you still need to show up obviously, and requesting a continuance in person to find a lawyer would be a good idea. I'd still try to find a lawyer before then.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Konstantin posted:

From my reading of the case, you should be okay, but there are a few things you should be aware of. First of all, this case is only controlling in the 8th circuit (AR, IA, MN, MO, NE, ND, SD) so if you live anywhere else MLB can sue you and the court doesn't have to follow their precedent. This isn't a huge deal, and they probably won't bother with the expense since they are unlikely to win, but if they are assholes they may try it to put you out of business. Second, MLB has the right to deny you access to their servers. I would download the statistics once and put them on a server you control, then have the app get them from there. If you try and have the app get them directly from MLB's servers, they will probably block you if they notice.

If I were MLB's lawyers, I'd argue that even if the statistics themselves are public domain, taking the statistics from MLB's servers is a derivative work of the particular presentation made by the MLB, and that in order to provide such statistics, they must be gathered independently from MLB's own work trying to expand INS v. AP in some way.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Konstantin posted:

I assume he would take the statistics and format them in a specific way for his app. I don't see anything in that XML file that would be copyrightable under Feist v. Rural, despite MLB's claims to the contrary.

Yeah, forgot about that.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
From what little I remember, I thought the model answer was that Terry had a property right in Bob's career.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

iloverice posted:

I'll preface this by saying I know I made a lot of mistakes in this situation. I won't be making them again.

Last week I got into a car accident. I was completely stopped and I was rear ended. When I went to exchange info, they didn't have their insurance card but claimed they had insurance. I didn't call the cops but got their personal info and left the scene. I didn't get the driver's name, just the passenger's. I started a claim with their insurance company but now their insurance can't get a hold of them and suggested going through mine. I started a claim with my insurance company today and the rep said I had a 50% chance to get money for repairs.

Is there anything I can do? Small claims? Is the driver or the owner of the car (passenger) liable? Am I just boned? This is in WA.

You're dumb as hell, Jesus

E: aren't they both liable?

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Deschain posted:

My best friend is a resident of Tampa, Florida whose birth certificate originated in Texas. He is a post-operative transsexual who needs to have the gender-marker on his birth certificate altered to reflect his reassigned sex. He contacted the office of vital statistics in the county in Texas where he was born, and they said he requires a court order from his current state of residence to have the birth certificate changed. We need to find out the procedure for petitioning for such a court order in Florida, that he can then send to Texas. Do we actually need a lawyer for this, or is it something he can file himself, like the paperwork for a legal name change (which he's already gotten)? And if so, can someone help us out on how to do it? Also, is it possible to have a Texas birth certificate amended to reflect a legal name change as well, and if so, can we accomplish both of these things in one fell swoop? (He has the necessary documentation from his surgeon/health care providers indicating the official validity of the sex reassignment.)
Thanks for any help goons, I'm tired of him sitting around and not applying for jobs because he's scared of the F on his birth certificate :allears:

Follow-up question, because I'm curious: a heterosexual couple gets married, and one person in the marriage decides to undergo gender reassignment with the other partner's knowledge and consent and approval and etc. etc. (i.e., they intend to remain married). Has this ever been done (I'd be surprised if it hasn't), and is there anything about what happens to the marriage (in any state)?

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

joat mon posted:

No, that kind of consortium was illegal under the common law.

Courts still don't much care for sodomy?

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
Pfft. Doctors. Doctors are idiots. There's no telling what kind of permanent injuries he might have. You might have to wait on him hand and foot for the rest of his natural life. That's the downside. Now, here's the good part! You can ching-ching-ching cash in on this tragedy!

. . .

The state bar forbids me from promising you a big cash settlement, but just between you and me, I promise you a big cash settlement. My fee is 50%.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Is that true? I know at my job, annual leave accrues such that you get paid for unused leave when you quit, but I don't know if that's part of my union-negotiated poo poo, or if it's just "hey, it's the law."

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Jaytan posted:

Not a legal question, but related to legal process. I have a pretrial hearing for a misdemeanor offense coming up and have already retained a lawyer.

Since the lawyer I hired does this on a fixed fee basis and I've already paid I am thinking it could be helpful to bring some sort of gift to butter the lawyer and his office staff up a little bit, but I've got no idea what to bring since I don't know them particularly well.

Any suggestions on what an appropriate gift to bring with me would be?

I'm shocked and dismayed that this got a serious response that wasn't "a bottle of liquor."

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
Given that the apartment knows their respective credit scores, I wouldn't be surprised if they were entirely uninterested in letting him off the lease and letting her stay.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
comedy make it your signature except nobody uses signatures

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Macunaima posted:

How many lawyers are on this thread?

All of us

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
$739+10%=$813, so I'm not sure why it matters whether $819 or $919 is your rent for the purposes of that cited statute. Then again, I'm some random rear end in a top hat on the internet.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Arcturas posted:

Also, what are the terms and requirements for termination of the lease? If you don't agree, could they just terminate the lease?

He said the lease expires at the end of August, so I'd imagine the answer would be yes.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
Jesus christ, you have two children and your answer is to go to law school? Have fun pissing away their college tuition.

e: Going to law school counts as "starting over" given your background fyi. Absolutely nothing you've done is relevant experience for law school, much less actually practicing law.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

nern posted:

yeah, im not a one-percenter that can afford to buy my children cars and pay for them to go to fancy schools. they can go to school the same way i did, by working and taking out student loans. the illusion that upward mobility is possible and that people who are poor are poor by some fault of there own is one of the biggest lies which pervades our culture and is falsified by even the slightest research into socio-economic data. hate to break it to you, but there are some of us for whom doing things like starting a college tuition fund and investing and poo poo like that is simply a pipe dream. we weren't born with a silver spoon in our mouths.

Have fun pissing away $200k on some misguided quest to prove the internet wrong

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
Well, I did go start law school eight years ago at a time when merely walking in the door actually was pretty much a guarantee of gainful employment. On the other hand, you're talking about going to school when it's about 50% more expensive than when I did, and job prospects are much worse. And in retrospect the only things that have saved me is a) I was in fact born with a silver spoon in my mouth and b) I graduated as the legal market started crashing (we were a leading indicator of the recession, hooray!) but before it had hit bottom. Also, making fun of people for making dumb choices is kinda the raison d'etre of something awful.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

nern posted:

what are you even talking about? i have completely acknowledged the risks involved with law school and said that i understand completely the warnings, etc. im not trying to prove anyone wrong, i am simply pursuing the best option for me, fully aware of and acknowledging the risks.

It's the best option much like saying in this thread "Well, I've been charged with vehicular homicide, but I think I have a pretty good grasp on how to go about defending myself due to watching a whole bunch of Law and Order. Am I doing the right thing?" is.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

xxEightxx posted:

And then the economy rebounds, you are an 8 year attorney averaging about $250k a year, and a couple years off from being an equity partner. Meanwhile non-lawschool you is still making 40k a year. Man I love hypothetical wars.

a) Assuming he goes to law school, he's graduating no sooner than 2016, so he's competing with almost a decade's worth of JDs that haven't entered the legal market since the legal downturn in 2007 (which, if you'll note, was before the recession: a point that will become important soon!)

b) The legal market is hosed for different reasons than the economy as a whole. If the problems in the legal market were caused by the recession, the pain would have been spread on through all levels of associates, as work dries up for everyone. Instead, you have a massacre of new lawyers who are unhireable because law school fundamentally does not train you to become a lawyer and clients know that. Clients aren't just demanding lower billing rates across the board; they're demanding that firms don't even staff new associates on their matters, because the clients don't want to be paying for training newly-minted associates as to how to do their jobs.

This isn't getting into issues involving outsourcing, which really are recent innovations in the legal market. Suffice to say that the legal market's contraction is likely permanent, and recovery is going to be evidenced merely by a cessation in the bankruptcies of firms.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Maera Sior posted:

I have a landlord/tenant/sublease question. Maryland, PG county.

"Sub-let agrees to pay a deposit of $1000. - To bind Sub-let's pledge of full compliance with the terms of this agreement. Security deposit may not be used to pay rent. Release of the Security Deposit, at the option of the Primary Tenant's is subject to the provisions below:
A. The full terms of this Agreement has been adhered to.
B. No damage to the premises, buildings, or grounds is evident.
C. The walls and carpets of the Sub-let's room and hallway are spotlessly clean, ordorless and unmarked. The bathroom fixtures, walls, and floor are clean and undamaged.
D. All unpaid charges have been paid including bills, late charges, delinquent rents, etc.
E. All keys have been returned."

Is this legal? Per MD law, landlord/rental agreements cannot stipulate this, as it ignores regular wear and tear, which cannot be deducted from the security. Does this magically become legal when it involves a sublease, despite the fact that the originally renter cannot be billed for any of it?

I don't want this to go nuts in here, so after a response or two I'd like to take this to PM/e-mail.

ETA: I'm referring to provision C. No lawsuit, have not consulted a lawyer, etc. Housemates (the renters) are threatening to withhold my deposit (I am the sub-letter) over this. They are about to get back to town and I want to know what my options are.

http://www.dclawstudents.org/

They can get you a referral to someone in MD who does L&T law who can probably answer this for you.

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WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Maera Sior posted:

Thanks. I'd rather have an answer before next week (obviously), but I'll go in on Tuesday.

You can just call, because they don't do MD themselves, so you can save yourself the trip.

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