Month: March 2021

Stevie Philippa

Legal Controls on the Use of Pesticides

How is the use of pesticides regulated under the law?

The use of pesticides in agriculture and horticulture is fully regulated: they must be approved before they can be used. It is necessary to differentiate between the approval of a new active ingredient and that of a new preparation consisting of a combination of different additional substances and the actual active ingredient.

For the approval of a new active ingredient, the manufacturer must apply comprehensive evaluation documents which are examined by both the national authorities and the European Food Safety Authority. At the end of the day, the European Commission shall determine whether or not to include the active ingredient in the positive list of approved active ingredients. This consent is also true in the EU. Commercial pesticides (consisting of active ingredients, carriers and other substances) are permitted separately in each EU region.

How is the maximum residue level regulated?

Full residue amounts are controlled equally throughout the EU. The precise application and culture and maximum amount for each pesticide mixture in the preparation are defined for each active ingredient. Under a statutory regulation, i.e. without a set limit substance, each pesticide active ingredient may exceed a maximum of 0.01 mg/kg in all foods.

However, there are currently no limits on the number and overall amount of pesticides that can be found in a food. Legal requirements for these various residues must be developed as a matter of urgency. In individual cases, 30 separate pesticides and many more have been detected in one food. This is permitted if each individual stays below the full value. The number of the different compounds has not yet been taken into account in the calculation.

In contrast, only 0.0001 mg / l based on one substance or 0.0005 mg / l residues in total may occur in drinking water.

Stricter maximum levels apply to food for babies and toddlers; these are regulated in the Diet Ordinance.

Synthetic chemical pesticides are prohibited in organic farming, but pesticides such as ‘natural pest control’ that use natural pesticides that are not toxic to the atmosphere are not prohibited; the approved chemicals are published in the list of the Federal Office for Consumer Protection and Food Safety.

What is controlled? And what happens if maximum levels are exceeded?

The monitoring of pesticide residues in food is regulated in the Food and Feed Code (LFGB) . The authorities of the federal states check food and feed for pesticide residues on a random basis as part of food monitoring. The frequency of controls and examinations always depends on how heavily the food is usually sprayed or how often problematic residues occur.

There is also an annual monitoring system that selects and examines individual product groups in a targeted manner. The Federal Office for Consumer Protection and Food Safety brings together the data from the federal states and feeds them into the n monitoring system.

Stevie Philippa

Basics Of Law

The basic law is a discipline that elucidates the classification and function of studying law.
It is a field that is not useful for solving daily life, but as you study, it becomes quite important whether you have knowledge of this “basic law“.

Types of law classified by existence form

First divided into natural law and positive law

  • Natural law refers to something that is universal (something that can be said in common everywhere) and is commonplace, even if it is not published in the text. For example, don’t kill people, it’s level.
  • Positive law refers to the fact that the decisions of the Diet and courts, social conventions, etc. have become superficial through texts, etc., and as a result, everyone can recognize them.

Positive law is divided into statutory law and non-statutory law

Positive law is divided into “statutory law” and “non-grammatical law” depending on whether it is written as a law. Statutory law refers to what is written as a law, such as the constitution, civil law, and criminal law. Unwritten law and is, but have not been documented as law, shall have the same effect as an integral and law refers to, case law and common law, such as you hit on this.

Statutory law is divided into domestic law and international law

Statutory law is divided into “domestic law” and “international law” depending on whether the subject of the applicable law regulates only one domestic relationship or the relationship of multiple countries. The law that is valid in one country is called the domestic law, and the Constitution of Japan corresponds to this. Which defines a plurality of countries of relationships the international law is referred to as, the Convention such as the Universal Declaration of Human Rights is around to this.

Domestic law is divided into public law and private law

Laws documented as laws are divided into “public law” and “private law” depending on who they are intended for. Law governing the relationship between the national and local governments internal problems and my people that the public law is called, the Constitution, the Local Autonomy Law, criminal law, etc. is around to this. The law that regulates private relationships is called private law, and it corresponds to civil law and commercial law.

Types of methods to classify from applicable relationships

Multiple laws can be used in the same situation. When considering “which law applies in this case”, we classify it into “general law” and “special law”. How basic law also be applied in such situations that the general law is called, the law to be limited to special situations that the special law is called.

Types of law to classify based on whether the intentions of the parties are respected

Depending on whether the intentions of the parties are respected, there are two types of classification: “voluntary regulations” and “forced regulations .” A provision that allows a party to express an intention contrary to the provisions of the law to produce an effect not stipulated in the law is called a voluntary law, and it is also written in the law by the manifestation of the intention of the party. It shall not Kutsugaese a certain effect the mandatory law is called.

Sage Mica

When and How Will They End? Mass Shootings and Debates on Gun Control Laws

Families are once again mourning, while usual debates over gun control laws have again resurfaced, only to die down later once news of mass shootings subside. However the news is not about to die down as CNN points out that in just a span of 7 days, 7 mass shootings have taken place across U.S. states. The 7th occurred last Monday at a supermarket in Boulder, Colorado, less than a week after a mass shooting in Atlanta, took the lives of eight people.

As expected, the shooting incidents sparked debate on the gun control legislation since deaths by firearms have unfortunately become common in the country. Democratic lawmakers have been calling out for stricter limits on firearms ownership and license issuance. Now that they have the majority number, they say they are determined to fulfill that goal. That is, if they are able to eliminate or at least reform the filibuster rule that requires 60 votes in order to pass legislation.

As it is, the Senate House is so polarized, the Republicans will simply vote against any bill proposed by Democrats.

Political Expert Say that Political Polarization Made Gun Control Law a Culture War

According to Professor Michael Siegel of the Boston University School of Public Health. polls actually show consistent and strong support for measures like universal background checks. However, the policies being debated about gun control laws only got buried by the political polarization of the two parties; making the fight over gun control, a culture war.

Unless, the filibuster rule is removed, the legalization of any gun control legislation will depend on whether Democrats can amass 10 votes from Republican lawmakers to remove the legislative filibuster,

President Biden Calls on Congress to Address Reform of Gun Control Laws

Last Tuesday, President Biden called on Senators to pass the two House bills that would close the loopholes that are making the country’s gun control laws ineffective. The president’s statement referred to the House bill proposing the need to require a background check to anyone acquiring or obtaining a firearms license. The second bill, the President was referring to is a ban on the issuance of assault weapons, to which President Biden himself help introduce during the 90s.

Hopefully, with unified control in both White House and Congress, Democratic lawmakers will be able to push for gun control laws that require tougher screening. Stricter screenings will be required when selling weapons to individuals, to ensure that they have no history of mental illness, no record of abusive behaviors, and without criminal records whatsoever.

Republicans Would Rather Work Toward Widening Access to Firearms

Republican lawmakers however are doing the contrary, as Republican-led states are widening access to firearms. Republican state lawmakers insist that due to rising incidents, permitless carrying of firearms can better protect and ensure public safety of individuals.

Stevie Philippa

COPYRIGHT AND ILLEGAL DOWNLOAD OFFERS

There is plenty of music, audiobooks, movies, e-books, video games and other content on the Internet, but not all of it is legal. Copyright states: If the provider makes content “manifestly illegal” publicly available, not only is the unauthorized exchange and forwarding, but already the downloading a copyright infringement. In some cases, however, it is not so easy to distinguish legal from illegal offers.

HOW DO I DETECT ILLEGAL DOWNLOADS AND STREAMING OFFERS?

What exactly does “manifestly illegal” mean? The law itself does not define this in more detail. But “obviously” means, among other things, that you do not have to do lengthy research as a layman. However, if, for example, you find entire music albums for download in a forum before the official release, you can assume that they have been made available “obviously illegally”. Indications of illegal offers on the Internet may be:

  • The offer is free, although the same content costs money elsewhere.
  • The technical quality of the content is poor.
  • You cannot identify those responsible for the website, for example because the imprint is missing or contact persons and addresses are not mentioned.
  • The website has an exotic country identifier in the address.
  • It is advertised aggressively and frivolously, for example for gambling, sex hotlines or dubious merit models.
  • The offer does not correspond to the often still usual chain of exploitation, according to which, for example, a film is only made available online when it is no longer running in the cinema. However, there are exceptions here, although mostly only for paid offers.
  • You will be asked to purchase a special download software or install it before downloading it. These points apply to all works – films, music, games and e-books, but they are ultimately only circumstantial evidence. If an offer has one of these markings, you should take a closer look. It does not automatically mean that an offer is illegal.

CAN I STREAM MOVIES FROM ILLEGAL PLATFORMS?

It is not yet legally clear whether, in addition to the providers, users also infringe copyright when they watch illegally posted films on the Internet via streaming. In contrast to the download, streaming usually does not store a permanent, complete video file on your own computer. Instead, volatile copies are created in memory. These are copies that are only temporarily stored while watching a movie via streaming. The European Court of Justice has already ruled on such a situation in the case of external streaming players, which allow films from illegal online sources to be played directly on the TV. He decided that the copies produced in the process were not used “lawfully” and were therefore not permitted. However, many copyright holders agree that the Court’s statements can easily be transferred to other streaming constellations. It is therefore to be assumed that streaming retrieval is prohibited if users know that it cannot be a legal offer.

WHAT CAN I DOWNLOAD FROM FILEHOSTER?

Even those who download protected content via a file hoster such as Zippyshare or Uploaded.net must be careful. If it is clearly recognizable that the provider of the works has no rights for publication, the download is not allowed. On the other hand, it is legal to exchange content in a purely private context via Filehoster. The condition is that the music files, films or other works themselves have been legally acquired, i.e. not from a manifestly illegal source. Here the private copy rule applies. Private framework means that only close friends and family members can access the files.

SHOULD I AVOID FREE OFFERS AND DOWNLOADS IN GENERAL?

No, even if files are offered outside the well-known sales platforms, the offers are not automatically illegal. Anyone can legally publish self-made photos, videos or texts on the Internet. Many artists put excerpts of their work online, for example on their own website. Some also publish entire works along the way. These offers may be used legally by others under copyright or licensing provisions. However, one should be attentive when the same work is offered in a comparable form elsewhere for money. If, for example, a band puts their own pieces of music online as an advertisement, then you can also download them. In any event, this is not a ‘manifestly illegal source’. You can visit iptv to get your favorite contents at the lowest price.

Stevie Philippa

The Artist’s Copyright Law

Law

There is always heated debate about copyright. Art rights expert artists explains what it means for a work of art when copyright expires and what current developments there are.

Understanding Copy Right

Copyright is a human right. On the one hand, it protects the intellectual and personal relationships between the author and his work. On the other hand, it gives him the right to decide how his works are to be used. Thus, on the one hand, copyright is a personal right and secures the identity of the work as well as the intellectual and personal interests of the author. On the other hand, it is the “labor law of the creative”, because it serves to ensure adequate remuneration for the use of the work.

The importance of copyright protection in the visual arts is far less than in literature or music. This is because artists mainly sell originals, one-off pieces. There is a collecting society that exercises the rights of visual artists, for example when replicating works of art in the media. In the fine arts, however, only little income is generated through usage rights. However, there is a special right, the so-called resale right. For most artists, it is also perceived by the gallery owners to pay a special tax on their sales when trading with contemporary artists. In addition, copyright has a second component: moral rights. The artist is entitled to this non-pecuniary component even if he has sold the work. This includes, for example, the right to prevent distortion of the work.

The protection levels are very different. Other countries go much further when it comes to the position of the author. This is a purely moral interpretation of copyright law. Copyright law, on the other hand, has two streams: a moral one, a legal personality and a monetary one. The question also arises: Can the terms of copyright, which are not internationally harmonized, still be justified in view of the increased age? If the average age today is 80 years and then there is still 70 years of copyright protection: Then we can get 120 years for an author who wrote something at the age of 30 until the copyright expires.

Want to know more about Copyright? You can watch the video below…

LAWYERS AS ART JUDGES

It is difficult when the copyright is transferred to an heir. basically only the artist can have the right to decide which context is appropriate for his work. But even his own interpretation cannot always be decisive. If an artist plan an exhibition with his gallery owner, like paint by numbers custom the artist would also have the right to intervene. As a lawyer, one often gets close to art criticism or art judges.

 

Stevie Philippa

Coin Master: Mobile Advertising Legal Risk

With the steadily increasing use of smartphones, tablets, and other mobile devices, mobile advertising technologies are also moving more and more into the focus of the advertising industry and its customers. coin master linksBoth cutting-edge and well-tried technologies such as push notifications, location-based services, and advertisements within apps offer highly interesting options for targeted advertising to specific target groups in the field of enterprise mobility.

On the legal side, however, the use of such technologies often threatens a conflict with the legal requirements, in particular competition law and data protection. In the case of such legal violations, in contrast to conventional print advertising, the advertiser is often not solely responsible. Agencies and service providers who design advertising content on behalf of their customers, place such content on mobile websites or send it to addressees using current technologies, can also be held responsible, depending on the circumstances of the individual case. The same can apply to the manufacturers of mobile games software applications and free spins provided that these apps are used to transport advertising content.

Coin Master spins: Admissibility of mobile advertising technologies

The placement of advertising banners within apps or otherwise on mobile devices should also generally be reasonable for the user, as long as the advertisements are kept within reasonable limits, taking into account the overall circumstances. Under this premise, higher demands will be placed on advertisements on paid apps than in the case of apps that can be used free of charge, the creation of which is therefore usually financed by the advertisements.

Coin Master spins: The challenge of data protection

Mobile advertising is often placed on the basis of a previous, targeted evaluation of personal data such as name, e-mail address, occupation, hobbies, age or gender of the advertising addressees. The use of such personal data is known to be subject to strict legal requirements.

For many mobile advertising measures, it is difficult or impossible to find a legal permit. To make matters worse, the data protection authorities and courts usually tend to interpret the legal permit regulations rather narrowly. The electronic consent procedure is therefore often the method of choice for mobile advertising, also from a data protection point of view.

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