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First-sale Doctrine
The first-sale doctrine (also sometimes referred to as the "right of first sale" or the "first sale rule") is a legal concept that limits the rights of an intellectual property owner to control resale of products embodying its intellectual property. The doctrine enables the distribution chain of copyrighted products, library lending, giving, video rentals and secondary markets for copyrighted works (for example, enabling individuals to sell their legally purchased books or CDs to others). In trademark law, this same doctrine enables reselling of trademarked products after the trademark holder puts the products on the market. In the case of patented products, the doctrine allows resale of patented products without any control from the patent holder. The first sale doctrine does not apply to patented processes, which are instead governed by the patent exhaustion doctrine. Overview of copyright law application Copyright law grants a copyright owner an exclusive right "to distribut ...
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Intellectual Property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's List of national legal systems, legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. Supporters of intellectual property laws often describe their main purpose as encouragin ...
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Valve Corporation
Valve Corporation, also known as Valve Software, is an American video game developer, video game publisher, publisher, and digital distribution company headquartered in Bellevue, Washington. It is the developer of the software distribution platform Steam (service), Steam and the game franchises ''Half-Life (series), Half-Life'', ''Counter-Strike'', ''Portal (series), Portal'', ''Day of Defeat'', ''Team Fortress 2, Team Fortress'', ''Left 4 Dead (series), Left 4 Dead'' and ''Dota''. Valve was founded in 1996 by the former Microsoft employees Gabe Newell and Mike Harrington. Their debut game, the first-person shooter (FPS) ''Half-Life (video game), Half-Life'' (1998), was a critical and commercial success and had a lasting influence on the FPS genre. Harrington left in 2000. In 2003, Valve launched Steam, followed by ''Half-Life 2'' (2004), the Episodic video game, episodic sequels ''Half-Life 2: Episode One'' (2006) and ''Half-Life 2: Episode Two, Episode Two'' (2007), the mult ...
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Quality King Distributors Inc
Quality may refer to: Concepts *Quality (business), the ''non-inferiority'' or ''superiority'' of something *Quality (philosophy), an attribute or a property * Quality (physics), in response theory *Energy quality, used in various science disciplines * Logical quality, philosophical categorization of statements * Service quality, comparison of expectations with performance in a service *Vapor quality, in thermodynamics, the ratio of mass of vapor to that of vapor and liquid *Data quality, refers to the condition of a set of values of qualitative or quantitative variables Practices *Quality assurance (QA) *Quality control (QC) *Quality management system (QMS) *Quality Management (QM) Places *Quality, Kentucky, an unincorporated community Brands and enterprises *Quality Comics, an American comic book publisher between 1939 and 1956 *Quality Communications, a British comic book publisher between 1982 and 2008 *Quality Records, a Canadian entertainment company Music * ''Quality'' ( ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ...
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Gray Market
A grey market or dark market (sometimes confused with the similar term " parallel market") is the trade of a commodity through distribution channels that are not authorised by the original manufacturer or trademark proprietor. Grey market products (grey goods) are products traded outside the authorised manufacturer's channel. Etymology Manufacturers of computers, telecom, and technology equipment often sell these products through distributors. Most distribution agreements require the distributor to resell the products strictly to end users. However, some distributors choose to resell products to other resellers. In the late 1980s, manufacturers labelled the resold products as the "grey market". Description Grey market goods are goods sold outside the authorized distribution channels by entities which may have no relationship with the producer of the goods. This form of parallel import frequently occurs when the price of an item is significantly higher in one country than an ...
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UsedSoft
UsedSoft (stylized usedSoft in both English and German) is a Swiss used-software commerce company which instituted a business-to-business (B2B) market for used computer programs. The company is headquartered in Zug, Switzerland. History and company structure UsedSoft was founded in 2003 by Peter Schneider. The companies UsedSoft Deutschland GmbH (Dortmund) and UsedSoft Europe (Amsterdam) are wholly owned subsidiaries and distributors of UsedSoft International AG. Sales work is performed by a sales organization consisting of some 40 persons active all over Germany and Europe. UsedSoft also launched an online shop in 2013. When Schneider died in June 2022 after a serious illness, existing executives Johannes Jäger and Michael Aufderheide took over the operation of the company. Business model UsedSoft purchases and sells standard computer programs that have already been used by other users. Since it does not suffer from wear and tear, unlike other products, "used" soft ...
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UMG V
Universal Music Group N.V. (often abbreviated as UMG and referred to as Universal Music Group or Universal Music) is a Dutch– American multinational music corporation under Dutch law. UMG's corporate headquarters are located in Hilversum, Netherlands, and its operational headquarters are located in Santa Monica, California. The biggest music company in the world, it is one of the " Big Three" record labels, along with Sony Music Entertainment and Warner Music Group. Tencent acquired ten percent of Universal Music Group in March 2020 for €3 billion and acquired an additional ten percent stake in January 2021. Pershing Square Holdings later acquired ten percent of UMG prior to its IPO on the Euronext Amsterdam stock exchange. The French Bolloré family still owns 28 percent of UMG (18 percent directly, and ten percent through Vivendi, the Bolloré family's investment company). The company went public on 21 September 2021, at a valuation of €46 billion. As of April 202 ...
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Autodesk
Autodesk, Inc. is an American multinational software corporation that provides software products and services for the architecture, engineering, construction, manufacturing, media, education, and entertainment industries. Autodesk is headquartered in San Francisco, California, and has offices worldwide. Its U.S. offices are located in the states of California, Oregon, Colorado, Texas, Michigan, New Hampshire and Massachusetts. Its Canadian offices are located in the provinces of Ontario, Quebec, and Alberta. The company was founded in 1982 by John Walker, who was a co-author of the first versions of AutoCAD. AutoCAD is the company's flagship computer-aided design (CAD) software and, along with its 3D design software Revit, is primarily used by architects, engineers, and structural designers to design, draft, and model buildings and other structures. Autodesk software has been used in many fields, and on projects from the One World Trade Center to Tesla electric cars. Aut ...
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Vernor V
Vernor may refer to: Places * Vernor, Queensland, a locality of the Somerset Region in Queensland, Australia Names * James Vernor, American pharmacist and druggist * Vernor Smith, Canadian politician * Vernor Vinge, American science fiction author and professor *'' Vernor v. Autodesk, Inc.'' * Vernors, an American soft drink {{disambig ...
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Shrink Wrap Contract
Shrinkwrap contracts or shrinkwrap licenses are boilerplate contracts packaged with products; use 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). The term "shrink wrap" describes the shrink wrap plastic wrapping which coats software boxes or the terms and conditions which comes with products on delivery. Shrink wrap assertions are unsigned permit understandings which state that acknowledgement on the client of the terms of the assertion is demonstrated by opening the shrink wrap bundling or other bundling of the product, by utilisation of the product, or by some other determined instrument. United States The legal status of shrink wrap contracts in the US is somewhat unclear. In the 1980s, software license enforcement acts were enacted ...
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Clickwrap
A clickwrap or clickthrough agreement is a prompt that offers individuals the opportunity to accept or decline a digitally-mediated policy. Privacy policies, terms of service and other user policies, as well as copyright policies commonly employ the clickwrap prompt. Clickwraps are common in signup processes for social media services like Facebook, Twitter or Tumblr, connections to wireless networks operated in corporate spaces, as part of the installation processes of many software packages, and in other circumstances where agreement is sought using digital media. The name "clickwrap" is derived 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". The content and form of clickwrap agreements vary widely. Most clickwrap agreements require the end-user to indicate their assent by clicking an "ok" or "agree" button on a dialog box or ...
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