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Proprietary Software
Proprietary software is non-free computer software for which the software's publisher or another person retains intellectual property rights—usually copyright of the source code,[1] but sometimes patent rights.[2]Contents1 Software becoming proprietary 2 Legal basis2.1 Limitations3 Exclusive rights3.1 Use of the software 3.2 Inspection and modification of source code 3.3 Redistribution4 Interoperability with software and hardware4.1 Proprietary file formats and protocols 4.2 Proprietary APIs 4.3 Vendor lock-in 4.4 Software limited to certain hardware configurations5 Abandonment by owners 6 Formerly open-source software 7 Pricing and economics 8 Examples 9 See also 10 ReferencesSoftware becoming proprietary[edit] Until the late 1960s computers—large and expensive mainframe co
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Clickwrap
A clickwrap agreement (also known as a "clickthrough" agreement or clickwrap license) is a common type of agreement often used in connection with software licenses. Such forms of agreement are mostly found on the Internet, as part of the installation process of many software packages, or in other circumstances where agreement is sought using electronic media. The name "clickwrap" came from the use of "shrink wrap contracts" commonly used in boxed software purchases, which "contain a notice that by tearing open the shrinkwrap, the user assents to the software terms enclosed within".[1] The content and form of clickwrap agreements vary widely. Most clickwrap agreements require the end-user to manifest his or her assent by clicking an "ok" or "agree" button on a dialog box or pop-up window. A user indicates rejection by clicking cancel or closing the window. Upon rejection, the user cannot use or purchase the product or service
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Patentable Subject Matter
Patentable, statutory or patent-eligible subject matter is subject matter which is susceptible of patent protection. The laws or patent practices of many countries provide that certain subject-matter is excluded from patentability, even if the invention is novel and non-obvious. Together with novelty, inventive step or nonobviousness, utility, and industrial applicability, the question of whether a particular subject matter is patentable is one of the substantive requirements for patentability.Contents1 Legislations1.1 Canada 1.2 European Patent
Patent
Convention1.2.1 Practice at the European Patent
Patent
Office 1.2.2 Practice in the United Kingdom1.3 United States1.3.1 The algorithm exception and the patent-eligibility trilogy1.3.1.1 Gottschalk v. Benson 1.3.1.2 Parker v. Flook 1.3.1.3 Diamond v. Diehr 1.3.1.4 Bilski v. Kappos 1.3.1.5 Mayo Collaborative Services v
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Compiler
A compiler is computer software that transforms computer code written in one programming language (the source language) into another programming language (the target language). Compilers
Compilers
are a type of translator that support digital devices, primarily computers. The name compiler is primarily used for programs that translate source code from a high-level programming language to a lower level language (e.g., assembly language, object code, or machine code) to create an executable program.[1] However, there are many different types of compilers. If the compiled program can run on a computer whose CPU or operating system is different from the one on which the compiler runs, the compiler is a cross-compiler. A bootstrap compiler is written in the language that it intends to compile. A program that translates from a low-level language to a higher level one is a decompiler
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Software Patent
Software
Software
patent Debate Free software List of patentsTreatiesTRIPS Agreement Patent
Patent
Cooperation Treaty European Patent
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Contract
A contract is a voluntary arrangement between two or more parties that is enforceable by law as a binding legal agreement. Contract
Contract
law recognises and governs the rights and duties arising from agreements.[1] Within jurisdictions of the civil law tradition, contract law is a branch of the law of obligations. At common law, formation of a contract generally requires an offer, acceptance, consideration, and a mutual intent to be bound
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Trade Secret
A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information not generally known or reasonably ascertainable by others by which a business can obtain an economic advantage over competitors or customers.[1] In some jurisdictions, such secrets are referred to as confidential information.Contents1 Definition 2 Value 3 Protection 4 Misappropriation 5 History5.1 Roman law 5.2 19th century 5.3 Current regulation5.3.1 European Union 5.3.2 Commonwealth jurisdictions 5.3.3 United States6 Comparison to other types of intellectual property law6.1 Comparison with trademarks 6.2 Comparison with patents7 Criticism 8 Cases 9 See also 10 References and notes 11 Further reading 12 External linksDefinition[edit] The precise language by which a trade secret is defined varies by jurisdiction, as do the particular types of information that are subject to trade secret protection
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Shrink Wrap License
Shrink wrap contracts are boilerplate contracts packaged with products; usage of the product is deemed acceptance of the contract. Web-wrap, click-wrap and browse-wrap are related terms which refer to license agreements in software which is downloaded or used over the internet. A software license agreement is commonly called an end user license agreement (or EULA).Contents1 United States 2 See also 3 References 4 Further readingUnited States[edit] The legal status of shrink wrap contracts in the US is somewhat unclear. In the 1980s, software license enforcement acts were enacted by Louisiana and Illinois in an attempt to address this issue, but parts of the Louisiana act were invalidated in Vault Corp. v. Quaid Software Ltd., and the Illinois act was quickly repealed.[1] Case history also fails to clear up the confusion. One line of cases follows ProCD v. Zeidenberg
ProCD v. Zeidenberg
which held such contracts enforceable (see, e.g., Bowers v
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Standard Form Contract
A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it" position. While these types of contracts are not illegal per se, there exists a very real possibility for unconscionability
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Windows XP
Windows XP
Windows XP
(codenamed Whistler) is a personal computer operating system that was produced by Microsoft
Microsoft
as part of the Windows NT
Windows NT
family of operating systems. It was released to manufacturing on August 24, 2001, and broadly released for retail sale on October 25, 2001. Development of Windows XP
Windows XP
began in the late 1990s as "Neptune", an operating system built on the Windows NT
Windows NT
kernel which was intended specifically for mainstream consumer use. An updated version of Windows 2000
Windows 2000
was also originally planned for the business market; however, in January 2000, both projects were shelved in favor of a single OS codenamed "Whistler", which would serve as a single OS platform for both consumer and business markets
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Product Key
A product key, also known as a software key, is a specific software-based key for a computer program. It certifies that the copy of the program is original. Activation is sometimes done offline by entering the key, or with software like Windows 8.1, online activation is required to prevent multiple people using the same key. Not all software has a product key, as some publishers may choose to use a different method to protect their copyright, or in some cases, such as free or open source software, copyright protection is not used. Computer games use product keys to verify that the game has not been copied without authorization. Likewise, one is not allowed to play online with two identical product keys at the same time. Product keys consist of a series of numbers and/or letters. This sequence is typically entered by the user during the installation of computer software, and is then passed to a verification function in the program
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Office Enterprise
Microsoft
Microsoft
Office 2007 (codenamed Office 12[6]) is a version of Microsoft
Microsoft
Office, a family of office suites and productivity software for Windows, developed and published by Microsoft. It was released to manufacturing on November 3, 2006;[7] it was subsequently made available to volume license customers on November 30, 2006,[8][9] and later to retail on January 30, 2007,[1] the same respective release dates of Windows
Windows
Vista. It was preceded by Office 2003 and succeeded by Office 2010. Office 2007 introduced a new graphical user interface called the Fluent User Interface, which uses ribbons and an Office menu instead of menu bars and toolbars.[10] Office 2007 also introduced Office Open XML
XML
file formats as the default file formats in Excel, PowerPoint, and Word
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First-sale Doctrine
The first-sale doctrine is a legal concept playing an important role in U.S. copyright and trademark law by limiting certain rights of a copyright or trademark owner
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Exclusive Right
In Anglo-Saxon law, an exclusive right, or exclusivity, is a de facto, non-tangible prerogative existing in law (that is, the power or, in a wider sense, right) to perform an action or acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit. A "prerogative" is in effect an exclusive right. The term is restricted for use for official state or sovereign (i.e., constitutional) powers. Exclusive rights are a form of monopoly. Exclusive rights can be established by law or by contractual obligation, but the scope of enforceability will depend upon the extent to which others are bound by the instrument establishing the exclusive right; thus in the case of contractual rights, only persons that are parties to a contract will be affected by the exclusivity. Exclusive rights may be granted in property law, copyright law, patent law, in relation to public utilities, or, in some jurisdictions, in other sui generis legislation
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Copy Protection
Copy protection, also known as content protection, copy prevention and copy restriction, is any effort designed to prevent the reproduction of software, films, music, and other media, usually for copyright reasons.[1] Various methods have been devised to prevent reproduction so that companies will gain benefit from each person who obtains an authorized copy of their product. Unauthorized copying and distribution accounted for $2.4 billion in lost revenue in the United States alone in the 1990s,[2] and is assumed to be causing impact on revenues in the music and the game industry, leading to proposal of stricter copyright laws such as PIPA. Some methods of copy protection have also led to criticisms because it caused inconvenience for honest consumers, or it secretly installed additional or unwanted software to detect copying activities on the consumer's computer
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Windows Vista Starter
Windows Vista—a major release of the Microsoft
Microsoft
Windows operating system—was available in six different product editions: Starter; Home Basic; Home Premium; Business; Enterprise; and Ultimate.[1][2] On September 5, 2006, Microsoft
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