#ianal — Public Fediverse posts

@onekind I’d thought a win on indirect discrimination may have been preferable as that meant it reinforces the law towards protecting gender identity, that a finding on direct discrimination is a weaker precedent in the long term. But #IANAL, care to #ELI5?

My initial reaction was that I'm not convinced that this is going to happen. At least in German law (§§ 631 ff. BGB), fixed-price contracts are extremely inflexible, carry strict liability for defects (irrespective of fault even!) and therefore is typically very expensive (risk premium).

Especially the inflexibility is something I'm pretty sure clients won’t like at all, -especially- in the age of AI, where you can just “churn out stuff”.

2/x #freelancer #ai #IANAL

#WASM / #WASI based #plugin architectures vs #AGPL?

I assume this is valid, but #IANAL and unsure if it is indeed the case:

- If the core system is AGPL-licensed and integrates a Wasm WASI runtime.
- Then 3rd-party WASI Components can have different licenses.
- Esp. when they are downloaded and installed at run-time.

OTOH perhaps not.. and it depends on who designed the #WIT #RPC interface, and what its #license is.

#Socialcoding topic (2024, all fedi links rotted)..

https://discuss.coding.social/t/sx-licensing-of-plugin-architecture-vs-agpl/506

I learned today that because of the strong Moral Rights protection in the #Philippines , it is not possible for Authors/Creators (defined as "natural persons" by law) to dedicate/release their work to the #PublicDomain .

And even if we use 0BSD, MIT-0, CC0, and other similar public-domain-equivalent licenses, we can still sue anyone who:

1. Misused our name
2. Misrepresented us
3. Misused our work (downstream)

All under Moral Rights because we can never waived it under Philippine law. Even with a promise not to sue anyone is not a guarantee.

So, saying, "This work is under 0BSD/MIT-0/CC0 and I will never sue anyone for whatever reason", won't work under Philippine law. The Creator/Author will always have their Moral Rights as the creator/author of the work. It's completely up to you to trust that they will fulfill their promise. 🤪

#Copyright #Copyleft #Licenses #ShareAlike #FreeCulture

👉🏽 #IANAL #TINLA

Thinking more about #Nintendo's #PalWorld #lawsuit, which claims that many of the mechanics, such as the #PalBall, are too similar to #Pokemon's mechanics, like the #PokeBall.

Wondering if it would be a good idea for #PocketPair to take a cue from #BugSnax, and replace the "ball" with a cyllindrical "trap". Perhaps they can take inspiration from #GhostBusters, and have some sort of energy based trap which opens at the top and sucks the magic monsters in. They should definitely be leaning hard into the #MonsterCollecting genre's roots of #Yokai, #Spirit entities, and #mythological #cryptids.

They might be able to avoid some damages if they lose this or have to settle in a few years by just changing up a few aesthetics, and I think the game itself would benefit from this: I personally think the Pal Ball looks odd and out of place as a mechanic, like it's just there to copy Pokemon.

Then again, changing things might be an admission of guilt? I'm not a lawyer.

#IANAL #law #legal

@drewdevault

Shouldn’t you mention that if anybody distributes a product based on the UNMODIFIED #Redict they can satisfy all requirements just by pointing to https://codeberg.org/redict/redict to make it clear they don’t have to be burdened too much?

#IANAL

By the way, don't be confused between #Copyright and #Trademark. These two are totally different.

Let's use Mickey and Minnie Mouse.

While the earliest versions of Mickey Mouse and Minnie Mouse are now in the #PublicDomain it does not mean you can freely create and sell your own merchandise with them on it. That falls under Trademark.

Copyright covers works of art like the character, the stories, literary works, music. In the Mickey and Minnie Mouse case, the images and stories, and the character art itself, are now in the Public Domain.

However, using these characters as in a merchandise like mugs and t-shirts is not under Copyright, it is under Trademark. Disney still holds the Trademark rights for these characters.

You can draw Mickey and Minnie. You can create new stories for them. Not only that, but you can write a new literary work, say a novel or a children's book or a film, based on the earliest versions of these characters. Just not anything that falls under Trademark.

If you are going to do something that you think might fall under Trademark law, the best course of action is to ask #Disney. If they say it doesn't fall under Trademark law, then keep that reply, as it is your proof they gave you permission. Otherwise, try to negotiate if you really need it.

So, again, Copyright (and in this case Public Domain) is totally different from Trademark. Many countries choose to call these two as #IntellectualPropertyRights. While it is correct (and confusing), they are different and there is no overlap between them. They have completely separate uses/coverage.

#IANAL and #TINLA, however, it doesn't mean you can't study Copyright and Trademark laws.

@HarryLeRoy You make a good point, and it would be wrong of me to say there’s an easy straightforward answer to this issue.

I guess if I gave it a shot (#IANAL ), I’d say the line would be drawn at:

-It is part of your body
-It’s taken from you unwillingly (as in, you needed to have something removed for a medically necessary reason but otherwise wouldn’t have parted with it)
-It is taken from you knowingly, and the person taking it from you knows where the material came from
-It is investigated specifically to find some beneficial or profitable use for it
-A discovered use is monetized, and the source person (since it is known who they are) is intentionally excluded from sharing in that profit

#medicalethics #ScienceEthics #medicalwaste

#ShowerThoughts most people don't seem to understand the power of #precedents. #IANAL but my understanding is when a court issues a decision, it becomes part of the law in their jurisdiction. Unless and until it's overturned by a higher court, or the legislature. When authorities try to get new powers using extreme edge cases (eg child abuse or terrorism), beware. They're not asking for a reasonable exemption to #CivilLiberties protections, they're trying to create a precedent that breaks them.