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Delrina Corp. V. Triolet Systems Inc.
, also known as ''Delrina II'', is a 2002 Ontario Court of Appeal case which established the existence of the merger doctrine in Canadian copyright law. The plaintiff, Delrina Corp., sued Triolet Systems Inc. and Brian Duncombe for infringing its copyright of the computer program Sysview by designing similar software, called Assess. The plaintiffs were awarded an interlocutory injunction but ultimately lost at trial. Delrina Corp.’s appeal to the Ontario Court of Appeal was dismissed. Background Delrina Corp. hired, Brian Duncombe, in January 1984 to improve Sysview, a computer program designed to monitor the efficiency of a Hewlett-Packard HP 3000 computer. After leaving Delrina Corp., Duncombe began working for Triolet Systems Inc. to design a functionally similar program called Assess, which would compete directly with Sysview. Delrina Corp. brought an action for copyright infringement against Duncombe and Triolet Systems Inc., alleging that Assess was copied from Sysview. D ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ontario Court Of Appeal
The Court of Appeal for Ontario (frequently mistakenly referred to as the Ontario Court of Appeal) (ONCA is the abbreviation for its neutral citation) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto (also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice). Description The Court is composed of 22 judicial seats, in addition to 10 justices who currently sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in '' Halpern v Canada (AG)'' that found defining marriag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Merger Doctrine (copyright Law)
The phrase merger doctrine or doctrine of merger may refer to one of several legal doctrines: * Merger doctrine (antitrust law) * Merger doctrine (civil procedure) * Merger doctrine (copyright law) * Merger doctrine (criminal law) In criminal law, a lesser included offense is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. It is also used in non-criminal violations of law, such as certain classes of tra ... * Merger doctrine (family law) * Merger doctrine (property law) * Merger doctrine (trust law) {{disambig Legal doctrines and principles ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Computer Program
A computer program is a sequence or set of instructions in a programming language for a computer to Execution (computing), execute. It is one component of software, which also includes software documentation, documentation and other intangible components. A ''computer program'' in its human-readable form is called source code. Source code needs another computer program to Execution (computing), execute because computers can only execute their native machine instructions. Therefore, source code may be Translator (computing), translated to machine instructions using a compiler written for the language. (Assembly language programs are translated using an Assembler (computing), assembler.) The resulting file is called an executable. Alternatively, source code may execute within an interpreter (computing), interpreter written for the language. If the executable is requested for execution, then the operating system Loader (computing), loads it into Random-access memory, memory and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interlocutory Injunction
An interlocutory injunction is a court order to compel or prevent a party from doing certain acts pending the final determination of the case. It is an order made at an interim stage during the trial, and is usually issued to maintain the ''status quo'' until judgment can be made. Jurisdictions Australia In Australia, the High Court in '' ABC v Lenah Game Meats''. stated that the purpose of the interlocutory injunction is to preserve identifiable legal or equitable rights.See . The basic proposition remains that where interlocutory injunctive relief is sought in a Judicature system court, it is necessary to identify the legal (which may be statutory) or equitable rights which are to be determined at trial and in respect of which there is sought final relief which may or may not be injunctive in nature. In another Australian High Court decision, '' Castlemaine Tooheys Ltd v South Australia'',. Mason CJ outlined another requirement for establishing an interlocutory injunction. He ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adverse Inference
Adverse inference is a legal inference, adverse to the concerned party, drawn from silence or absence of requested evidence. It is part of evidence codes based on common law in various countries. According to Lawvibe, "the 'adverse inference' can be quite damning at trial. Essentially, when plaintiffs try to present evidence on a point essential to their case and can't because the document has been destroyed (by the defendant), the jury A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgmen ... can infer that the evidence would have been adverse to (the defendant), and adopt the plaintiff’s reasonable interpretation of what the document would have said...." In the United States Adverse inference applies in United States civil trials, but not criminal trials; criminal defendants are prot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abstraction-Filtration-Comparison Test
The Abstraction-Filtration-Comparison test (AFC) is a method of identifying substantial similarity for the purposes of applying copyright law. In particular, the AFC test is used to determine whether non-literal elements of a computer program have been copied by comparing the protectable elements of two programs. The AFC test was developed by the United States Court of Appeals for the Second Circuit in 1992 in its opinion for '' Computer Associates Int. Inc. v. Altai Inc.'' It has been widely adopted by United States courts and recognized by courts outside the United States as well. Background The Second Circuit Court of Appeals developed the AFC test for use in '' Computer Associates Int'l, Inc. v. Altai Inc.'' In that case, Computer Associates sued Altai for copyright infringement of a computer job scheduler program that was designed to be easily ported between operating systems. Proving copyright infringement requires proving both ownership of the copyright and that copying too ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Copyright Case Law
Canadians () are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity and Canadian values. Canada has also been strongly influenced by its linguistic, geographic, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
