Bowers V. Baystate Technologies
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Bowers V. Baystate Technologies
''Bowers v. Baystate Technologies'', 320 F.3d 1317 (Fed. Cir. 2003), was a U.S. Court of Appeals Federal Circuit case involving Harold L. Bowers (doing business as HLB Technology) and Baystate Technologies over patent infringement, copyright infringement, and breach of contract. In the case, the court found that Baystate had breached their contract by reverse engineering Bower's program, something expressly prohibited by a shrink wrap license that Baystate entered into upon purchasing a copy of Bower's software. This case is notable for establishing that license agreements can preempt fair use rights as well as expand the rights of copyright holders beyond those codified in US federal law. Background Baystate Technologies, Inc ("Baystate") and HLB Technology ("Bowers") were competing companies which created add-ons that interacted with a computer-aided design (CAD) program known as CADKEY. Bowers was the patent holder of a system called Cadjet that simplified interfacing ...
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United States Court Of Appeals For The Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the U.S. federal court system. It has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademarks, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other categories. Unlike other federal courts, the Federal Circuit has no jurisdiction over cases involving criminal, bankruptcy, immigration, or U.S. state law. Headquartered in Washington, D.C., the Federal Circuit was created in 1982 with passage of the Federal Courts Improvement Act, 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. The court occupies the Howard T. Mark ...
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Engineering Tolerance
Engineering tolerance is the permissible limit or limits of variation in: # a physical dimension; # a measured value or physical property of a material, manufactured object, system, or service; # other measured values (such as temperature, humidity, etc.); # in engineering and safety, a physical distance or space (tolerance), as in a truck (lorry), train or boat under a bridge as well as a train in a tunnel (see structure gauge and loading gauge); # in mechanical engineering, the space between a bolt and a nut or a hole, etc. Dimensions, properties, or conditions may have some variation without significantly affecting functioning of systems, machines, structures, etc. A variation beyond the tolerance (for example, a temperature that is too hot or too cold) is said to be noncompliant, rejected, or exceeding the tolerance. Considerations when setting tolerances A primary concern is to determine how wide the tolerances may be without affecting other factors or the outcome of a ...
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Bnetd
bnetd is a communication software, communication app that enables users of the online game StarCraft (and StarCraft: Brood War) released on March 31, 1998 to connect and chat together. Bnetd was released on April 28, 1998 under the name ''StarHack'' and provided near-complete emulator, emulation of the original online multiplayer gaming service network. This was accomplished through reverse engineering of the corporate Blizzard Entertainment's Battle.net. Due to a lawsuit in 2002, United States that Blizzard won against bnetd's original developers, they no longer maintain or host bnetd. Background The online game StarCraft was released on March 31, 1998, and required the online multiplayer gaming service network Battle.net. The near-complete emulator, emulation of this network was released with the first version of bnetd on April 28, 1998 by Mark Baysinger, who at the time was a student at University of California, San Diego, UC San Diego, under the name ''StarHack'' because ...
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Interoperability
Interoperability is a characteristic of a product or system to work with other products or systems. While the term was initially defined for information technology or systems engineering services to allow for information exchange, a broader definition takes into account social, political, and organizational factors that impact system-to-system performance. Types of interoperability include syntactic interoperability, where two systems can communicate with each other, and cross-domain interoperability, where multiple organizations work together and exchange information. Types If two or more systems use common data formats and communication protocols and are capable of communicating with each other, they exhibit ''syntactic interoperability''. XML and SQL are examples of common data formats and protocols. Lower-level data formats also contribute to syntactic interoperability, ensuring that alphabetical characters are stored in the same ASCII or a Unicode format in all the comm ...
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Copyright Act Of 1976
The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, codified the doctrine of " fair use", and for most new copyrights adopted a unitary term based on the date of the author's death rather than the prior scheme of fixed initial and renewal terms. It became Public Law number 94-553 on October 19, 1976 and went into effect on January 1, 1978. History and purpose Before the 1976 Act, the last major revision to statutory copyright law in the United States occurred in 1909. In deliberating the Act, Congress noted that extensive technological advances had occurred since the adoption of the 1909 Act. Television, motion pictures, sound recordings, and radio were cited as examples. The Act was designed in part to address intellectual property questions raised by these new forms of communication. As ...
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Bonito Boats, Inc
Bonitos are a tribe of medium-sized, ray-finned predatory fish in the family Scombridae – a family it shares with the mackerel, tuna, and Spanish mackerel tribes, and also the butterfly kingfish. Also called the tribe Sardini, it consists of eight species across four genera; three of those four genera are monotypic, having a single species each. Bonitos closely resemble the skipjack tuna, which is often called a bonito, especially in Japanese contexts. Etymology The fish's name comes from the Spanish ''bonito'' 'pretty'.''Oxford English Dictionary'', 3rd edition, 2018''s.v.''/ref> An older theory suggests that it comes from an Arabic word ''bainīth'', but that may have been derived from Spanish as well. Species * Genus '' Sarda'' ( Cuvier, 1832) ** Australian bonito, ''S. australis'' (Macleay, 1881) ** '' Sarda chiliensis'' (Cuvier, 1832) *** Eastern Pacific bonito, ''S. c. chiliensis'' (Cuvier, 1832) *** Pacific bonito, ''S. c. lineolata'' ( Girard, 1858) ** Stripe ...
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Dissenting Opinion
A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opinions are normally written at the same time as the majority opinion and any concurring opinions, and are also delivered and published at the same time. A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may result in a majority opinion adopting a particular understanding of the law formerly advocated in dissent. As with concurring opinions, the difference in opinion between dissents and majority opinions can often illuminate the precise holding of the majority op ...
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5th Cir
Fifth is the ordinal form of the number five. Fifth or The Fifth may refer to: * Fifth Amendment to the United States Constitution, as in the expression "pleading the Fifth" * Fifth column, a political term * Fifth disease, a contagious rash that spreads in school-aged children * Fifth force, a proposed force of nature in addition to the four known fundamental forces * Fifth (Stargate), a robotic character in the television series ''Stargate SG-1'' * Fifth (unit), a unit of volume used for distilled beverages in the U.S. * Fifth-generation programming language * The fifth in a series, or four after the first: see ordinal numbers * 1st Battalion, 5th Marines * The Fraction 1/5 * The royal fifth (Spanish and Portuguese), an old royal tax of 20% Music * A musical interval (music); specifically, a ** perfect fifth ** diminished fifth ** augmented fifth * Quintal harmony, in which chords concatenate fifth intervals (rather than the third intervals of tertian harmony) * Fifth (chord) ...
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Vault Corp
Vault may refer to: * Jumping, the act of propelling oneself upwards Architecture * Vault (architecture), an arched form above an enclosed space * Bank vault, a reinforced room or compartment where valuables are stored * Burial vault (enclosure), a protective coffin enclosure * Burial vault (tomb), an underground tomb * Utility vault, an underground storage area accessed by a maintenance hole * Film vault, in film preservation, a climate-controlled storage facility for films * Pub vault, a working men's bar in northern England pubs Arts, entertainment, and media * Vault (Marvel Comics), a prison for super-villains in the Marvel Comics universe * Vaults (Fallout), underground nuclear blast shelters in the Fallout video game series * ''Vault'' (sculpture), a sculpture by Ron Robertson-Swann * Vault, former drummer for the band Dark Lunacy * "Vault", a song by Pendulum * '' Vault: Def Leppard Greatest Hits (1980–1995)'', an album * Vaults (band), a music group from London ...
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Atari Games Corp
Atari () is a brand name that has been owned by several entities since its inception in 1972. It is currently owned by French publisher Atari SA through a subsidiary named Atari Interactive. The original Atari, Inc., founded in Sunnyvale, California, in 1972 by Nolan Bushnell and Ted Dabney, was a pioneer in arcade games, home video game consoles and home computers. The company's products, such as ''Pong'' and the Atari 2600, helped define the electronic entertainment industry from the 1970s to the mid-1980s. In 1984, as a result of the video game crash of 1983, the home console and computer divisions of the original Atari Inc. were sold off, and the company was renamed Atari Games Inc. Atari Games received the rights to use the logo and brand name with appended text "Games" on arcade games, as well as the derivative coin-operated arcade rights to the original 1972–1984 arcade hardware properties. The Atari Consumer Electronics Division properties were in turn sold to Jack ...
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7th Cir
7 (seven) is the natural number following 6 and preceding 8. It is the only prime number preceding a cube. As an early prime number in the series of positive integers, the number seven has greatly symbolic associations in religion, mythology, superstition and philosophy. The seven Classical planets resulted in seven being the number of days in a week. It is often considered lucky in Western culture and is often seen as highly symbolic. Unlike Western culture, in Vietnamese culture, the number seven is sometimes considered unlucky. It is the first natural number whose pronunciation contains more than one syllable. Evolution of the Arabic digit In the beginning, Indians wrote 7 more or less in one stroke as a curve that looks like an uppercase vertically inverted. The western Ghubar Arabs' main contribution was to make the longer line diagonal rather than straight, though they showed some tendencies to making the digit more rectilinear. The eastern Arabs develope ...
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ProCD V
''ProCD, Inc. v. Zeidenberg'', 86 F.3d 1447 (7th Cir., 1996), was a court ruling at the United States Court of Appeals for the Seventh Circuit. The case is a significant precedent on the matter of the applicability of American contract law to new types of shrinkwrap licenses that arose with home computing and the Internet in the 1990s, and whether such licenses are enforceable contracts. Background In the mid-1990s, Matthew Zeidenberg purchased a telephone directory database, SelectPhone, on a CD-ROM produced and sold by the company ProCD. That company had compiled information from over 3,000 local telephone directories, at a cost of more than $10 million, and sold the results to marketers and other interested persons. To recoup its costs, ProCD discriminated based on price by charging commercial users a higher price than it did to everyday, non-commercial users. Zeidenberg started his own business called Silken Mountain Web Service in which he intended to sell categorized lis ...
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