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Software License Agreement
In proprietary software, an end-user license agreement (EULA) or software license agreement is the contract between the licensor and purchaser, establishing the purchaser's right to use the software
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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 1960
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Federal Circuit
The United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Federal Circuit
(Federal Circuit; in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals headquartered in Washington, D.C.
Washington, D.C.
The court was created by Congress with passage of the Federal Courts Improvement Act of 1982, which merged the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims, making the judges of the former courts into circuit judges.[1][2] The Federal Circuit is particularly known for its decisions on patent law, as it is the only appellate-level court with the jurisdiction to hear patent case appeals.[3] The court occupies the Howard T
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Vault Corp. V. Quaid Software Ltd.
Vault Corporation v Quaid Software Ltd. 847 F.2d 255 (5th Cir. 1988) is a case heard by the United States Court of Appeals for the Fifth Circuit that tested the extent of software copyright. The court held that making RAM
RAM
copies as an essential step in utilizing software was permissible under §117 of the Copyright Act even if they are used for a purpose that the copyright holder did not intend. It also applied the "substantial noninfringing uses" test from Sony Corp. of America v. Universal City Studios, Inc. to hold that Quaid's software, which defeated Vault's copy protection mechanism, did not make Quaid liable for contributory infringement. It held that Quaid's software was not a derivative work of Vault's software, despite having approximately 30 characters of source code in common
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ProCD, Inc. V. Zeidenberg
ProCD, Inc. v. Zeidenberg, 86 F.3d 1447 (7th Cir. 1996),[1] is a United States
United States
contract case involving a "shrink wrap license". One issue presented to the court was whether a shrink wrap license was valid and enforceable. Judge Easterbrook wrote the opinion for the court and found such a license was valid and enforceable. The Seventh Circuit's decision overturned a lower court decision.[2]Contents1 Facts 2 Holding 3 See also 4 References 5 External linksFacts[edit] The case involved a graduate student, Matthew Zeidenberg, who purchased a telephone directory database, SelectPhone, on CD-ROM produced by ProCD. ProCD had compiled the information from over 3,000 telephone directories, at a cost of more than $10 million
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United States Court Of Appeals For The Seventh Circuit
The United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Seventh Circuit
(in case citations, 7th Cir.) is a federal court with appellate jurisdiction over the courts in the following districts:Central District of Illinois Northern District of Illinois Southern District of Illinois Northern District of Indiana Southern District of Indiana Eastern District of Wisconsin Western District of WisconsinThe court is based at the Dirksen Federal Building
Dirksen Federal Building
in Chicago, Illinois. It is one of thirteen United States courts of appeals. It is composed of eleven appellate judges. The court offers a relatively unique internet presence that includes wiki and RSS
RSS
feeds of opinions and oral arguments.[1] It is also notable for having one of the most prominent law and economics scholars, Judge Frank H
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United States Court Of Appeals For The Eighth Circuit
The United States Court of Appeals for the Eighth Circuit
United States Court of Appeals for the Eighth Circuit
(in case citations, 8th Cir.) is a United States federal court
United States federal court
with appellate jurisdiction over the following United States district courts:Eastern District of Arkansas Western District of Arkansas Northern District of Iowa Southern District of Iowa District of Minnesota Eastern District of Missouri Western District of Missouri District of Nebraska District of North Dakota District of South DakotaThe court is composed of eleven active judges and is based at the Thomas F. Eagleton United States Courthouse in St. Louis, Missouri. It is one of thirteen United States courts of appeals
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Uniform Computer Information Transactions Act
Uniform Computer Information Transactions Act (UCITA) was an attempt to introduce a Uniform Act for US States to follow. As a model law, it only specifies a set of guidelines, and each of the States should decide if to pass it or not, separately. UCITA has been drafted by National Conference of Commissioners on Uniform State Laws (NCCUSL).[1] UCITA has been designed to clarify issues which were not addressed by existing Uniform Commercial Code. "Few disagree that the current Uniform Commercial Code
Uniform Commercial Code
is ill-suited for use with licensing and other intangible transactions," said practicing attorney Alan Fisch.[2] UCITA has faced severe opposition from various groups.[3][4][5] UCITA has only been passed in two states, Virginia
Virginia
and Maryland
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Encryption
In cryptography, encryption is the process of encoding a message or information in such a way that only authorized parties can access it and those who are not authorized cannot. Encryption
Encryption
does not itself prevent interference, but denies the intelligible content to a would-be interceptor. In an encryption scheme, the intended information or message, referred to as plaintext, is encrypted using an encryption algorithm – a cipher – generating ciphertext that can be read only if decrypted. For technical reasons, an encryption scheme usually uses a pseudo-random encryption key generated by an algorithm. It is in principle possible to decrypt the message without possessing the key, but, for a well-designed encryption scheme, considerable computational resources and skills are required
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Digital Millennium Copyright Act
The Digital Millennium Copyright
Copyright
Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works (commonly known as digital rights management or DRM). It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself
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WIPO Copyright Treaty
The World Intellectual Property Organization
World Intellectual Property Organization
Copyright
Copyright
Treaty
Treaty
(WIPO Copyright
Copyright
Treaty
Treaty
or WCT) is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996. It provides additional protections for copyright deemed necessary due to advances in information technology since the formation of previous copyright treaties before it. It ensures that computer programs are protected as literary works (Article 4), and that the arrangement and selection of material in databases is protected (Article 5). It provides authors of works with control over their rental and distribution in Articles 6 to 8 which they may not have under the Berne Convention alone
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Jerry Pournelle
Jerry Eugene Pournelle (August 7, 1933 – September 8, 2017) was an American science fiction writer, essayist, and journalist who contributed for many years to the computer magazine Byte in the 1970s, 1980s and early 1990s. In 2011, he joined journalist Gina Smith, pundit John C. Dvorak, political cartoonist Ted Rall
Ted Rall
and several other Byte.com staff reporters to launch an independent tech and political news site aNewDomain. Pournelle served as President of the Science Fiction and Fantasy Writers of America in 1973[1] and served aNewDomain Media as its director until his death
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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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PayPal
PayPal
PayPal
Holdings Inc. is an American company operating a worldwide online payments system that supports online money transfers and serves as an electronic alternative to traditional paper methods like checks and money orders. The company operates as a payment processor for online vendors, auction sites, and many other commercial users, for which it charges a fee in exchange for benefits such as one-click transactions and password memory
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ITunes
iTunes (/ˈaɪtjuːnz/ or /ˈaɪtuːnz/)[1] is a media player, media library, Internet radio
Internet radio
broadcaster, and mobile device management application developed by Apple Inc.
Apple Inc.
It was announced on January 9, 2001. It is used to play, download, and organize digital multimedia files, including music and video, on personal computers running the macOS and Windows
Windows
operating systems. Content must be purchased through the iTunes Store, whereas iTunes is the software letting users manage their purchases. The original and main focus of iTunes is music, with a library offering organization, collection, and storage of users' music collections. It can be used to rip songs from CDs, as well as play content with the use of dynamic, smart playlists. Options for sound optimizations exist, as well as ways to wirelessly share the iTunes library
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April Fool's Day
April
April
is the fourth month of the year in the Gregorian calendar, the fifth in the early Julian, the first of four months to have a length of 30 days, and the second of five months to have a length of less than 31 days. April
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