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Randy K Freedman

Randy Freedman’s Answers

5 total

  • I purchased a boat that was described as being in excellent running condition. It wasn't. Do I have any legal remedy?

    The seller had a full add that described the boat as being in excellent condition and sound mechanical condition. Always serviced professionally, etc. The boat was 300 miles from our home an based on his description I purchased the boat without...

    Randy’s Answer

    A key question is if you signed a Bill of Sale whereby you accepted the item "as is". If so, the doctrine of "Caveat Emptor" (Let the Buyer Beware) may apply and the Bill of Sale arguably will supersede any prior misstatements of fact in the advertising. This doctrine states that a buyer can not recover damages from a seller for defects that make the property unfit for ordinary purposes, except if the seller overtly concealed latent defects or made material misrepresentations tantamount to fraud. In your case, if there is no written Bill of Sale or any other written acknowledgment that you accepted the boat in an "as is" condition, you may be able to recover under: i) breach of express warranty in the advertising, or ii) breach of implied warranty of merchantability whereby goods must be "fit for the intended purpose. You may also seek to rescind the sale agreement if the seller's intentional misstatements about the boat in the offer process constitute fraud.

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  • I am unemployed and being sued for breach of a non-compete agreement

    I worked for a company for 6 years, left there because the company was unethical. I was unemployed for about 5 months, then took a position with a company that does some similar business. I am not being sued by my former company for breach of my...

    Randy’s Answer

    I sense there is a typo in your question whereby your statement "I am not being sued..." meant to say "I am NOW being sued. In that case, your current status as unemployed is irrelevant if your breached the Non-Compete prohibition after leaving the employer with whom you entered into the Non-Compete.
    That being said, and depending on the relevant state laws, Non-Compete provisions must be reasonable in both their scope (geographic, industry) and duration (length) of restriction.

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  • Are there Entertainment Lawyers in the philadelphia area that practise Entertainment law for the music industry?

    Hello My name is Ykesha Milbourne and I'm in the process of starting my own music publishing business which is a Music Publishing limited liability Company that will be run from my home. I have my paperwork from the state and my business license...

    Randy’s Answer

    Many state bar association websites allow the public to search for members of that bar by legal specialty or area of practice.

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  • Privacy policy

    I need to make a privacy policy for my start up company. Would it be alright to copy another company's privacy policy and terms and conditions?

    Randy’s Answer

    Assuming you are referring to a Privacy Policy that governs how you use personally identifiable information about users of a web site or service, many companies indicate that their online Privacy Policy is copyrighted, similar to a book or other written work. In that regard, verbatim plagiarism may violate another's copyright. Equally important, however, is the need to access what terms are appropriate for your business. Do you intend to sell or otherwise exploit user information such as contact details. Will you permit opt-out options? Is your business oriented toward minors or adults? All of these questions affect the terms and conditions of a privacy policy. Thus, the content of Privacy Policies will differ somewhat based on the business model of the company collecting the private information.

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  • Blogging CNN

    I want to include some news on my blog that I find on other websites, including CNN. Is it legal for me to do that?

    Randy’s Answer

    Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship, review or news of overriding social importance (such as a presidential assassination or the outbreak of war). It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. These factors are as follows:

    -the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
    -the nature of the copyrighted work;
    -the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
    t-he effect of the use upon the potential market for or value of the copyrighted work.

    That being said, your blog may not pass the balancing test given its limited social purpose and you could be at risk of violating CNN's copyright if you use CNN's content.

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