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  1. I'm pretty sure that I've read that, once a labor union accepts a grievance on behalf of its member, it must advocate the member. I can't find that reference any more. All I have found is the duty of fair representation, which is less aggessive that an instuction to advocate for the member. Is my memory mistaken? Is fair representation the only requirement?
  2. For the benefit of people reading this exchange months after its posting, let me relate what I saw in a computer game company that was constantly receiving suggestions from its users. In short, the company stopped accepting suggestions. There were too many cases of submitters who felt their idea was being stolen even though nothing like it had been added to the program, there were too many submitters who felt they should be paid just for sending a suggestion, there were too many cases where the submitted idea was commonplace and was already in the pipeline for implementation in the next release, there were too many cases where suggestions that appeared on the surface to be easy to implement would have required more thorough changes to the program than would be worthwhile, there were too many cases where submitters insisted on requiring a non-disclosure agreement before revealing their idea, which would have meant the company signing non-disclosures willy-nilly and exposing themselves to expensive lawsuits from multitudinous submitters with no real basis for their complaints. There's a very good chance that "a very popular online auctions site" would have a similar history and a similar reaction to your suggestion.
  3. How did this turn out? Did you complain to Ebay? It appears to me that someone in the company over-reacted. And, looking at all the ads on Ebay today, I'd say the company realized its mistake and stopped harassing its customers. First of all, since this is hardware not software, you own it and can resell it at any time, unless there is something in your purchase agreement that prohibits it. Second, your text was original so there was no infringement, and using the name of the product hardly merits a complaint.
  4. I think, first, you should decide what you want--removal of the picture, payment for past use, payment for continued use, etc. Then try to negotiate for it. If you don't get satisfaction, you can use a DMCA takedown notice to force the Internet service provider that hosts the website to remove the picture. You can get info about DMCA takedowns with a simple web search; maybe there's info right here on Findlaw.
  5. I tried searching for this here and on the web, but couldn't locate an answer. In California and most states, a subcontractor must be paid by the general contractor if the sub's work meet the contract's standards, even if the buyer hasn't paid the general. But can the general withhold some or all of the sub's fee if the general accepts the work but the buyer doesn't? I've run into a writing contract with an online company that sells writers' services, which contract provides only partial payment for problematic work from its subcontracting writers'. Are these partial payments legit? 1. General submits work to buyer, who rejects it even after a rewrite. General pays 50% of the subcontracting writer's fee. 2. General reassigns rejected work and pays 1st writer an unspecified amount less than 50% of fee. 3. General accepts late work and pays an unspecified amount up to 50% of fee. 4. General asserts it has the right to make other unspecified partial payments.
  6. Publishing contract requires publisher to copyright in author's name, but publisher did not. Instead, it claimed there was a written agreement, as per Copyright Office requirements, allowing him to hold the copyright. However, there was no such agreement. Copyright Office is taking a hands-off approach, leaving the author with no option but to sue the publisher. Question: Is the publisher's fraudulent claim of a written agreement actionable in itself? Must it be adjudicated in federal court?
  7. This contract was written by a large firm for use when they hire other large firms. They might be willing to reduce its requirements for you. When similar insurance requirements started appearing in contracts here in Silcon Valley, some corporations were very hard-nosed about them but some weren't. Usually, the hiring managers were more willing to loosen up than the purchasing office. You seem to be new to contracting. It's a different world out here, isn't it.
  8. Suppose a writer signs a contract with a "time is of the essence" clause then misses the deadline. Publisher doesn't have to pay, right? Assuming that is so, does the publisher have rights to the article? If yes, would they be the rights specified in the contract or all rights?
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