This type of license is generally required for a service to operate. They could scope it more carefully, but there is nothing _necessarily_ underhand going on here.
> By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
This says you grant the service a license to store and run your content.
> You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
This says you still own your content and responsible for how it is shared. You only gave the service a license.
> You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
This says you give permission for the service to make the content available to others. It does not mean the service will. This part could be worded better. It is presumably linked to sharing or publishing functionality.
> You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
This part says you're not infringing anybody else's rights by putting content into the service.
So, yes, they could possibly have made it clearer in the license under what circumstances they would make content available to others, but most people don't look to the license to understand that so it's not uncommon to have language like this.
I've been using Chartist for the last couple of years for line charts. The ability to style with CSS has been a useful benefit. For example, I have dark/light mode just by setting a class on the body element of the page and this flows throughout the site including the graphs with no extra effort.
> The US is the most deregulated, pro-market, capitalist developed nation of size
Well, here in the US, I still buy electricity from the government. Consumer energy deregulation in the UK started in the late 80s and electricity has been sold through private companies for years.
That's not true for all civil cases, though. The Seventh Amendment says, "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, ..." As has been described elsewhere here, this was interpreted to provide a jury right in suits at law but not in equity. You can also waive your jury right by agreeing not to invoke it, say in a contract.
At the founding, the Constitution documented all the things that were going to be different, but courts were intended to continue to apply the rest of the common law as it was. So, it's less about being beholden to England's legal history as much as it is being beholden to American history as it was at the time. It's just that most of the legal writing that courts depended upon was published by English legal scholars.
One of the downsides of the fixed written Constitution being hard to change is that you end up with these strange rules where the law today is dependent upon intuition about how a current problem would have been viewed through the lens of the common law at the time of the founding, and we mostly only have English legal treatises to fall back on, so it feels like being beholden to English legal history.
That's not quite how it works. In practice, in the US, liability comes not so much from giving a positive or a negative review, but from giving an incomplete one. This is most apparent as a result of giving a positive review and leaving out the bad bits. In this case, you might be liable for the negative consequences of hiring someone based on your positive review.
For an extreme example, see Randi W. v. Muroc Joint Unified School Dist [1]. In that case, the plaintiff sued several school districts for fraudulently or negligently providing positive recommendations for a teacher who ultimately sexually assaulted her. The California state Supreme Court held that the school districts were liable because there was a substantial, foreseeable risk of physical injury to a third-party resulting from the misrepresentations.
For this reason, it is common practice for businesses to decline to provide a review and instead simply confirm a prior employment relationship and the dates of the employment.
Agreed. I think it's very likely that a ban would be upheld against a Free Exercise challenge (even though at least one lower court did strike such a proposal down on this ground).
Some people think it would not survive a Due Process challenge, though, because there isn't a strong enough basis to overcome a parent's fundamental right to make decisions about their child. I could see that being a close question.
I'm not sure what point you are making here. Presumably your obvious answer is "yes"? For example, there are indeed some states that outlaw tattooing minors (although many states do permit it with parental consent).
In most states in the United States, the notion of consent in the employment context is very different than, say, European privacy law. In European law, consent from an employee is almost impossible to obtain for any significant decision because of the inherent power imbalance in an employment relationship.
However, in the United States, where most employees are employed "at will," deciding to remain an employee is often considered to be consent. The law considers that you have choice: you choose to work there and consent, or you chose to not work there.
In this story, it appears that there is a separate law considering religious freedom and not privacy that requires employers to make some accommodations when not too burdensome.
I'm not sure it's that bad. It's still the law in the United States that you cannot claim a religious exemption to a (state) law of general applicability. If the law applies to everyone regardless of religion and was not intended to impact a particular religious practice, then you cannot challenge it you because you claim that it affects your right to exercise your religion. See City of Boerne v. Flores, which affirmed Employment Division v. Smith despite Congress's attempt to legislate it away.
The law here is not completely developed. The US Supreme Court has not ruled on the extent to which electronic devices of a US person may be searched at a border.
In practice, courts have generally allowed manual, cursory searches of electronic devices (such as looking at recent photos) as being similar to a search of luggage. However, courts have disagreed on how intrusive the search can be and whether a more invasive search at the border can be conducted without some additional suspicion.
I don't know about German law specifically, but damages can be shown in a variety of ways. In the US, courts have recognized publishers of open-source software as receiving value from having made source code available at no charge, such as reputational gain or adoption leading to future sales of related products or services.
That's what ECPA says, but the Fourth Amendment does apply to e-mails as well as ECPA. Today, pretty much no significant commercial e-mail provider is going to give up e-mail contents without a warrant, even when over 180 days old.
In 2010, the Sixth Circuit held ECPA to be unconstitutional as it relates to email and compelled disclosure without a warrant (at least for large volumes of private email) [0]. This hasn't been tested at the Supreme Court, although the Warshak opinion has been cited approvingly, mostly because providers don't disclose content without a warrant so nobody has had a case to take up.
Carpenter shows 4A can protect metadata under some circumstances too (for more than 7 days of CSLI), even if law enforcement obtain a court order, which requires less evidence than a search warrant.
That's not true. The Stored Communications Act _does_ regulate this. In fact, it was passed in response to concerns that the third-party doctrine would mean that nothing would be protected from the government if it was stored by a third-party service provider.
The law says that the contents of communications may not be divulged unless certain conditions are met, even voluntarily. See 18 U.S. Code § 2702.
When the time between releases is measured in years you better be sure that new features are somewhat stable before you ship, especially when customers take a long time to upgrade because of the support you offer them. We always have to make a judgement about when things are ready enough but it is much easier now than it was back then. Sometimes we guess wrong but with faster release cycles it is more possible to fix things so we don't have to be _quite_ so conservative. We can also ship things behind flags now (which is how we are experimenting with modules) and we can include things in Insider builds so you can try them without waiting for a full release.
We shipped an update to the IE11 WebGL implementation to developers today as part of Windows 8.1 Update. We will roll this out to all IE11 users through Windows Update starting next week. There will be further updates to our WebGL implementation in the summer.
If there are specific use cases that you're interested in support for, please let us know what they are so that we can prioritise the order of our implementation.