Tuesday, September 23, 2008

Be Careful When Using Free Legal Forms

The law is a very complicated subject. Many people forget this when it comes to legal forms. Specifically, there are a few things you need to know before going this route.

Be Careful When Using Free Legal Forms

What is the number one thing people hate about lawyers? Okay, it is a big list, but the cost of hiring one is certainly at the top. Depending on your location and the type of law involved, you can easily spend $100 to $700 an hour to retain the services of an attorney. This can seem a bit much when it comes to basic legal forms.

The beauty of the internet has to do with the large amount of information made available on it. Simply put, you can download just about anything including legal forms. The question, of course, is whether you are getting what you pay for? With legal forms, you have to be extremely careful not to hurt yourself in the long run by saving a few bucks up front.

The thing that many people misunderstand about the law is jurisdiction. While most think of the law as one set of rules that apply across the nation, it simply does not work this way. Yes, there is a set of federal law that applies everywhere. Most issues you deal with on a daily basis, however, are controlled by state law, not federal. This is where a problem can develop with downloading legal forms off the web.

State laws are created by state governments. The politicians comprising those governments are elected by the people of the relevant state. The views of those people differ significantly from state to state. California, for instance is a far more liberal state than Alabama. As a result, the laws on a particular legal subject are very different in each state. With legal forms, this creates a huge problem.

Legal forms off the web may comply with the laws of your state regarding whatever issue they cover. Than again, the forms may not. There is no way to write a legal form that covers the variations from one state to another. When you use these forms, you run the risk of relying upon something that is not valid in your state! This is the path to a legal disaster.

Can you use free legal forms to handle a need? Sure. You should only do so, however, if the forms indicate they are specifically tailored to the laws of your state. If they do not, using them could end up being a mess.

Legal advice

In the common law, legal advice is the giving of a formal opinion regarding the substance or procedure of the law by an officer of the court (such as solicitor or barrister), ordinarily in exchange for financial or other tangible compensation. Advice given without remuneration is normally referred to as being pro bono publico (in the public good), or colloquially, pro bono.

Legal advice is distinguished from legal information which is the reiteration of legal fact. Legal information can be conveyed by a parking meter, sign or by other forms of notice such as a warning by a law enforcement officer. Printed legal materials, such as directions and how-to manuals, are generally not considered legal advice. Accordingly, directions on how to fill in a motion form and other court documents do not constitute legal advice. exist, however, some exceptions to this distinction in countries where the law is considered to be a trade secret and the public process a business owned and operated by the legal profession.

Legal issues with BitTorrent

BitTorrent trackers have been subjected to raids and shutdowns due to claims of copyright infringement. BitTorrent metafiles do not store copyrighted data, so it has been claimed that BitTorrent trackers, which only store and track the metafiles, must therefore be legal even if sharing the data in question would be considered a violation of copyright.Despite this claim, there has been tremendous legal pressure, usually on behalf of the MPAA and RIAA, and similar organizations around the world to shut down numerous BitTorrent trackers.

In December 2004, the Finnish police raided a major BitTorrent site, Finreactor. The case is before the courts, and 32 people, in September 2006, mostly administrators and moderators, are facing charges. Software and media companies are seeking damages worth 3.5 million euros (about 5.4 million USD) in total. Two defendants were acquitted by reason of being underage at the time, but they are being held liable for legal fees and compensation for illegal distribution ranging up to 60,000 euros. The court set their fine at 10% of the retail price of products distributed.

Suprnova.org, one of the most popular early BitTorrent sites, closed in December 2004, purportedly due to the pressure felt by Sloncek, the founder and administrator of the site. In December 2004, Sloncek revealed that the Suprnova computer servers had in fact been confiscated by Slovenian authorities.

LokiTorrent, arguably the biggest torrent source after the demise of Suprnova, closed down soon after Suprnova. Allegedly, after threats from the MPAA, Edward Webber (known as 'lowkee'), webmaster of the site, was ordered by the court to pay a fine and supply the MPAA with logs (the IP addresses of visitors).Webber, in the weeks following his receipt of the subpoena, began a fundraising campaign to pay legal fees in a legal battle against the MPAA. Webber raised approximately US$45,000 through a PayPal-based donation system. It is unclear how much of that money went to the MPAA. Following the agreement, the MPAA changed the LokiTorrent website to display a message intended to discourage filesharers from downloading illegal content.[6][7] Webber did not comment on this change.

On May 25, 2005, the popular BitTorrent website EliteTorrents.org was shut down by the United States Federal Bureau of Investigation and Immigration and Customs Enforcement. At first it was thought that a malicious hacker had gained control of the website, but it was soon discovered that the website had been taken over by the US government. Ten search warrants relating to members of the website were executed.[8] Up until today six admins of the EliteTorrents.org website pleaded guilty to conspiracy to commit criminal copyright infringement and criminal copyright infringement of a pre-commercial release work.[9]

On October 24, 2005, a 38-year-old Hong Kong BitTorrent user Chan Nai-ming (陳乃明, using the handle 古惑天皇 Lit. The master of cunning, (the magistrate referred to him as Big Crook) allegedly distributed the three movies Daredevil, Red Planet and Miss Congeniality in violation of copyright, subsequently uploading the torrent file to a newsgroup. He was convicted of breaching the copyright ordinance, Chapter 528 of Hong Kong law. The magistrate remarked that Chan's act caused significant damage to the interest of copyright holders. He was released on bail for HK$5,000, awaiting a sentencing hearing, though the magistrate himself admitted the difficulty of determining how he should be sentenced due to the lack of precedent for such a case. On November 7, 2005, he was sentenced to jail for three months but was immediately granted bail pending an appeal to the High Court.The appeal was dismissed by the Court of First Instance on 12 December 2006 and Chan was jailed immediately. On 3 January 2007, he was bailed pending appeal to the Court of Final Appeal on 9 May 2007.

In June 2006, the popular website Newnova.org, an exact replicate of Supernova, was also subject to closure.

The Pirate Bay torrent website, formed by a Swedish anti-copyright group, is notorious for the "legal" section of its website in which letters and replies on the subject of alleged copyright infringements are publicly displayed. On May 31, 2006, The Pirate Bay's servers in Sweden were raided by Swedish police on allegations by the MPAA of copyright infringement. Pirate Bay was back online in less than 72 hours, and returned to Sweden, accompanied by public and media backlash against the Swedish Government's actions. A film, Steal This Film (Stockholm, Summer 2006), relating to these incidents has been produced. The Pirate Bay is now, supposedly, going to counter-sue the Swedish government for millions of Swedish kronor (SEK) lost from having their website shut down.

On May 29, 2007, A federal judge ordered TorrentSpy, a torrent website, to begin monitoring its users' activities and to submit these logs to the Motion Picture Association of America. TorrentSpy's attorney, Ira Rothken, has stated that TorrentSpy would likely turn off access to U.S. users before it started monitoring anyone, since such monitoring is in violation of TorrentSpy's own privacy policy.

HBO, in an effort to combat the distribution of its programming on BitTorrent networks, has sent cease and desist letters to the Internet Service Providers of BitTorrent users. Many users have reported receiving letters from their ISP's that threatened to cut off their internet service if the alleged infringement continues. HBO, unlike the RIAA, has not been reported to have filed suit against anyone for sharing files as of April 2007. On the other hand, in 2005 HBO began "poisoning" torrents of its show Rome, by providing bad chunks of data to clients.

Monday, September 22, 2008

e-security legal issues

One way for a reseller to gain an edge on competitors is to market the advantages associated with its products in a unique way. In the security channel, a white paper marketing the legal and commercial advantages of a security product presented in a compelling way may prove to be a successful method of enticing a customer into purchasing your security solution.

Security is critical, there is no doubt about it. The smallest breach or compromise can result in situations that can cripple business. Recently, the two big e-security stories have been the disruption to the Russian Trading System (RTS) stock exchange caused by a virus in early February and the extradition proceedings currently underway in the UK against a hacker who allegedly hacked into approximately 100 Pentagon, NASA and other American military networks.
One area of e-security that a white paper could be prepared on is surveillance. Many organisations are already aware of the vulnerabilities posed by internal staff and subcontractors using the organisation's corporate network and always-on internet access. In fact, most large organisations now track their employees' internet and email usage to ensure that trade secrets are not being leaked to competitors via these means and that employees are not using internet access for other unscrupulous purposes.

In New South Wales, parliament recently passed new workplace surveillance legislation that is now in effect. Your customers should be made aware of these laws. The new laws regulate the use of computer, camera and tracking devices. The main obligation imposed on your customers under these laws is the obligation to notify employees of surveillance practices at least 14 days prior to commencing surveillance activities. The new laws also set out specific procedures and practices associated with covert surveillance. Further, obligations are imposed in relation to the retention of surveillance records and there are new obligations related to computer policies and other documentation that employees need to be made aware of. The new laws should not be taken lightly. Breach of the new laws may attract significant penalties. In addition, if a company contravenes any provision of the new laws, all directors and management of the company may also be held accountable.
Another way of enticing your customers is to mention the legal consequences associated with breaching e-security. Hackers can be brought before courts under Australian computer crime laws for gaining unauthorised access to computer systems. These laws may even see hackers thrown in jail.

Organisations who are serious about e-security should ensure they are covered by an insurance policy that extends to loss occasioned as a result of hacking or breach of the organisation's e-security generally. Customers should be reminded that breaches of electronic security measures can be just as disastrous as breaches of physical security measures.

Disclaimer: This column is for general informational purposes only. It is not legal advice nor is it a substitute for legal advice. Readers should seek legal advice on their own particular circumstances.

Legal Issues and Fence Building

Something that you need to do before you start building is to have an updated land survey on hand. Already existing fences may or may not lie right along the property line, so don't use them as a guide. Be sure of where your property ends and your neighbor's begins.

Once you've located the boundaries, decide with your neighbor if you want it to sit on the property line. This would mean that both of you own the fence, and would be jointly responsible for building costs, maintenance, and repairs. You would also need to agree on the type of fence you choose. Negotiating a joint fencing project can be a tricky venture, as your neighbor may not want a fence in the first place, or want something wholly unsuitable for your needs. Or they may want the cheapest, most unattractive fence on the market. Be patient and polish off your negotiation skills. And be sure to handle discussions like an adult. You don't want the building of a fence to come between you!

If you prefer to be more in control of your fencing options, you may decide to install the fence just a few inches away from the property line, thereby making it solely your responsibility. You must take care of all repairs yourself, but you also have autonomy over the design and materials used.

Even if you decide to own the fence outright, it is a good idea to take into consideration your neighbors' needs in terms of view and privacy. You don't want to block out all of their incoming sunlight, and in fact, you may have to remove or alter the fence if its presence affects your neighbor's quality of life. While they can't make you tear down a fence simply because it's not to their tastes, having good neighborly relations means listening to their concerns.

You also want to assess your true needs for installing a fence. Make sure that your reasons are valid, like keeping neighborhood animals off your yard, or to have a little privacy in your backyard. The reason that this is important is because there is something called a "spite fence," where a fence is put up that serves no other purpose than to irritate your neighbors. This can take the form of an ugly fence, or one that is high and imposing. If your neighbor feels that this is the case with your fence, and they can prove that you installed it with malicious intent, they may have legal standing to sue you to have it removed.

Another critical step is to obtain the necessary permits before putting up your fence. Some communities have ordnances in place which limit the size and style of fencing materials you can use. Know your local restrictions before you buy! If you don't, you may end up with a giant headache and sizable expenses.

Adding a fence to your property can add definition, beauty, and safety. But there are issues involved that must be considered and dealt with before you build. First and foremost, talk to your neighbors and get their input. Compromising a little now can save you a lot of grief later.

Legal Supplements

Good, Natural Supplements

There are so many people today taking natural supplements. Supplements can do many different things. They can enhance performance of your body and mind, they can help you to become more energized and lose weight. Some can help protect you from disease, or help you fight a disease.


Of course, natural supplements are not a replacement for your prescribed medicines. However, many doctors are recommending more natural supplements in order to aid you in recovery, or to help get you back on track without a need for prescriptions. The benefits of taking something that is natural and that also works in helping your body can mean less time recuperating and getting your life back on track.

You might have noticed the large variety of products available at any given drug store, either one that you visit or those that are available online. If you are going to buy supplements, which way is better? You really should start your investigation online. Most supplement information can be found online with some research, and you can easily compare from home. Some find it more convenient to purchase products online. It helps to save on gas when you get your products delivered by mail.

Explore your options and the many supplements that are available to you to enhance your life, make you feel better, or to help improve your body or mind. All natural supplements can be an affordable way to handle lack of sleep, weight loss, mild pain and many, many more common problems. Check out your options and alternative solutions by reading further on how supplements can help you.

So what kind of natural supplements are there?

Weight Loss Supplements - There are so many weight loss supplements, like hoodia or green tea extract, which can naturally decrease appetite and increase your metabolism. These are all natural, and while not miracle cures, they can certainly help you to your weight loss goals. Weight loss supplements could include products like hoodia, HGH, and chromium.

Body Building Supplements - These supplements improve your body's ability to naturally increase muscle mass. Body builders do use a lot of this type of supplement, but that doesn't mean you can't benefit from it. Building up muscle can look sexy, and can also help you lose weight if you are interested in that. More muscle equals more fat burning.

Sexual Health Supplements - This can range from natural male enhancement supplements, to increasing libido in men and women. If you're too shy to visit a doctor, you can find these supplements online and purchase discreetly.

Vitamins and Minerals - Maybe you're only interested in improving your general health. If you aren't eating right, taking vitamins can help you improve your overall health. It can also aid in helping you to sleep better, lose weight, more energy and making you feel better over all.

Most people who have been eating a lot of fast food, have been dieting, or simply have been making poor food choices could benefit from taking additional vitamins. Your body needs vitamins A, D, B-6 and B-12 and other minerals and vitamins to help keep you active. Not sure if you need one? It is always best to take one than to go without.

Immune Support - Supplements can do amazing things. They can help to relieve something like a headache or a backache. They can aid in giving you more energy when you're feeling weak from an illness. There are antioxidants that can take toxins out of your body. There are some that are also going to help prevent diseases.

Some promise to help you fight or prevent cancer, Alzheimer's, or the flu or colds. Coral calcium has been a big one being provided lately that promises to help you prevent getting the flu or colds and also promises to help heal your body. Similar products include colloidal silver, Glucosamine, Chondroitin, and MSM.

Anti Aging - These products can help stimulate cells in your face and inside of you to help you feel younger, or look younger. Sometimes they are a topical cream that you can put on to your skin that makes it look softer or smoother. Some such supplements are taken internally to encourage your body to increase energy and vitality. There are products that can help reduce the look of wrinkles, help smooth your skin and make you feel younger and more energized.

Some supplements seem to do all sorts of things. For example, HGH has been promoted frequently to people as an anti aging product and as a weight loss product. HGH is a Growth Hormone. It has been found to relieve pain, increase libido, increase bone density, and decrease fat tissue. Check to see if some products might serve more than one purpose, and you can get benefits from taking one pill instead of three or four.

With all the natural supplements out there, it is important to remember to read the labels. Check with your doctor before taking any supplements in addition to medication, or if you are planning to use certain supplements for helping with weight loss. Let your doctor know if you experience any severe side effects.

Side effects are usually the number one reason some people might not take supplements. The problem is usually limited to a few people. Different people react in different ways to certain supplements. You can read up online about different side effects, but in general most of the products are safe. Most side effects are mild in a few people, or none at all in most people.

There are a variety of things you can take that will help you with many sorts of ailments or simply help you feel better in general. Maybe you are looking for something to help boost how fast or how far you can run. Perhaps you want to improve your quality of sleep. Whatever the case, there seems to be a natural supplement for everything.

Legal translations

All binding legal documents relating to an Italian real estate transaction must be written in Italian, independently from the nationality of the parties.
Italian legal writing is highly technical, ritualistic and often archaic due to the close links with Roman law.
Ultimately it can appear to be obscure for people lacking a solid legal background in Italian law.
All this is further complicated by the profound differences between legal systems, more specifically between the English/American system based on Common Law and the Italian one based on Civil Law.
As a matter of fact there are juridical concepts in Roman Law that simply do not exist in Common Law and vice versa there are concepts bearing the same names in the two systems but having different meanings.

As a consequence an accurate understanding of the legal systems and the legal processes involved is essential for translators or interpreters involved in such important transactions.A deep knowledge of the specialist terminology is required as well as knowledge of the legal concepts implied.
This is why a legal document should never be signed without the assistance of a bilingual qualified lawyer who can explain in English the full scope of your commitment.Many real estate agents use printed contracts with an English translation.Such translations are rarely faithful and can often mislead the buyer.
It’s important to underline that in case of litigation the Italian version will always prevail.In the most crucial phase of the transaction, when signing the Deed of Sale in front of the Notary public, the Italian law requires the presence of an interpreter if the buyer is not fluent in Italian.

Our advice is to make sure that such interpreter is duly qualified not only under a strictly linguistic point of view, but also in terms of legal background.
Another crucial aspect to bear in mind is the independence of the interpreter.
This would exclude a bilingual real estate agent, an English speaking relative or friend of the seller or an Italian English teacher.
Explaining to you the Deed or Sale that you are about to sign is a very delicate task and you want to make sure you are entrusting the right professional.

Please remember that the Italian version of the Deed will prevail so it’s essential an expert and independent explanation of the legal implications that are involved.Your independent legal adviser has the right qualifications to assist you throughout the real estate transaction and will always make sure you have a full understanding of the documents you are requested to sign and the legal consequences implied.