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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 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. Finally, it held that the Louisiana Software License Enforcement Act clause permitting a copyright holder to prohibit software decompilation or disassembly was preempted by the Co ...
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Vault Corporation
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 Lond ...
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Floppy Disk
A floppy disk or floppy diskette (casually referred to as a floppy, or a diskette) is an obsolescent type of disk storage composed of a thin and flexible disk of a magnetic storage medium in a square or nearly square plastic enclosure lined with a fabric that removes dust particles from the spinning disk. Floppy disks store digital data which can be read and written when the disk is inserted into a floppy disk drive (FDD) connected to or inside a computer or other device. The first floppy disks, invented and made by IBM, had a disk diameter of . Subsequently, the 5¼-inch and then the 3½-inch became a ubiquitous form of data storage and transfer into the first years of the 21st century. 3½-inch floppy disks can still be used with an external USB floppy disk drive. USB drives for 5¼-inch, 8-inch, and other-size floppy disks are rare to non-existent. Some individuals and organizations continue to use older equipment to read or transfer data from floppy disks. Floppy di ...
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Berkman Center For Internet & Society
The Berkman Klein Center for Internet & Society is a research center at Harvard University that focuses on the study of cyberspace. Founded at Harvard Law School, the center traditionally focused on internet-related legal issues. On May 15, 2008, the center was elevated to an interfaculty initiative of Harvard University as a whole. It is named after the Berkman family. On July 5, 2016, the center added "Klein" to its name following a gift of $15 million from Michael R. Klein. History and mission The center was founded in 1996 as the "Center on Law and Technology" by Jonathan Zittrain and Professor Charles Nesson. This built on previous work including a 1994 seminar they held on legal issues involving the early Internet. Professor Arthur Miller and students David Marglin and Tom Smuts also worked on that seminar and related discussions. In 1997, the Berkman family underwrote the center, and Lawrence Lessig joined as the first Berkman professor. In 1998, the center changed its ...
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Software License
A software license is a legal instrument (usually by way of contract law, with or without printed material) governing the use or redistribution of software. Under United States copyright law, all software is copyright protected, in both source code and object code forms, unless that software was developed by the United States Government, in which case it cannot be copyrighted. Authors of copyrighted software can donate their software to the public domain, in which case it is also not covered by copyright and, as a result, cannot be licensed. A typical software license grants the licensee, typically an end-user, permission to use one or more copies of software in ways where such a use would otherwise potentially constitute copyright infringement of the software owner's exclusive rights under copyright. Software licenses and copyright law Most distributed software can be categorized according to its license type (see table). Two common categories for software under cop ...
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Reverse Engineering
Reverse engineering (also known as backwards engineering or back engineering) is a process or method through which one attempts to understand through deductive reasoning how a previously made device, process, system, or piece of software accomplishes a task with very little (if any) insight into exactly how it does so. It is essentially the process of opening up or dissecting a system to see how it works, in order to duplicate or enhance it. Depending on the system under consideration and the technologies employed, the knowledge gained during reverse engineering can help with repurposing obsolete objects, doing security analysis, or learning how something works. Although the process is specific to the object on which it is being performed, all reverse engineering processes consist of three basic steps: Information extraction, Modeling, and Review. Information extraction refers to the practice of gathering all relevant information for performing the operation. Modeling refers to th ...
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United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washington, D.C. Senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a governor's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The U.S. vice president The vice president of the United States (VPOTUS) is the second-highest officer in the executive branch of the U.S. federal government, after the president of the United States, and ranks first in the presidential line of succession. The vice pr ... has a vote in the Senate only when senators are evenly divided. The House of Representatives has six non-voting members. The sitting of a Congress is for a two-year term, at present, beginning every other January. Elections are held every even-n ...
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Remand (court Procedure)
Remand is when higher courts send cases back to lower courts for further action. In the law of the United States, appellate courts remand cases to district courts for actions such as a new trial. Federal appellate courts, including the Supreme Court, have the power to "remand cause icand ... require such further proceedings to be had as may be just under the circumstances.". This includes the power to make summary "grant, vacate and remand" (GVR) orders.''Lawrence v. Chater'', (per curiam), p. 166. Appellate courts remand cases whose outcome they are unable to finally determine. For example, cases may be remanded when the appellate court decides that the trial judge committed a procedural error, excluded admissible evidence, or ruled improperly on a motion. In common law jurisdictions, remand refers to the adjournment ( continuance) of criminal proceedings, when the accused is either remanded in custody or on bail. Appellate courts are said to remit matters to low ...
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Personal Jurisdiction
Personal jurisdiction is a court's jurisdiction over the ''parties'', as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the ''law'' involved in the suit. Without personal jurisdiction over a party, a court's rulings or decrees cannot be enforced upon that party, except by comity; i.e., to the extent that the sovereign which has jurisdiction over the party allows the court to enforce them upon that party. A court that has ''personal'' jurisdiction has both the authority to rule on the law and facts of a suit and the power to enforce its decision upon a party to the suit. In some cases, territorial jurisdiction may also constrain a court's reach, such as preventing hearing of a case concerning events occurring on foreign territory between two citizens of the home jurisdiction. A similar principle is that of standing or ''locus standi'', which is the ability of a party to demonstrate t ...
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United States District Court
The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district court has at least one courthouse, and many districts have more than one. District courts' decisions are appealed to the U.S. court of appeals for the circuit in which they reside, except for certain specialized cases that are appealed to the U.S. Court of Appeals for the Federal Circuit or directly to the U.S. Supreme Court. District courts are courts of law, equity, and admiralty, and can hear both civil and criminal cases. But unlike U.S. state courts, federal district courts are courts of limited jurisdiction, and can only hear cases that involve disputes between residents of different states, questions of federal law, or federal crimes. Unlike the U.S. Supreme Court, which was established by Article III of the Constitution, ...
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Derivative Work
In copyright law, a derivative work is an expressive creation that includes major copyrightable elements of an original, previously created first work (the underlying work). The derivative work becomes a second, separate work independent in form from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, Film adaptation, cinematic adaptations and Arrangement, musical arrangements are common types of derivative works. Most countries' legal systems seek to protect both original and derivative works. They grant authors the right to impede or otherwise control their integrity and the author's commercial interests. Derivative works and their authors benefit in turn from the full protection of copyright without prejudicing the rights of the original work's author. Definition Berne The Berne Convention for the Protection of Literary and Art ...
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Secondary Liability
Secondary liability, or indirect infringement, arises when a party materially contributes to, facilitates, induces, or is otherwise responsible for directly infringing acts carried out by another party. The US has statutorily codified secondary liability rules for trademarks and patents, but for matters relating to copyright, this has solely been a product of case law developments. In other words, courts, rather than Congress, have been the primary developers of theories and policies concerning secondary liability. Early case law Secondary liability in copyright has come about with case-by-case decisions. In other words, there has not been any real or consolidated theory. Furthermore, patent and copyright cases have tended to cross-cite each other. Examples of this are cases such as ''Kalem Co. v. Harper Brothers''''Kalem Co. v. Harper Brothers''222 U.S. 55(1911). (the producer of the movie Ben Hur (1907 film) didn't himself infringe, but was responsible for making and commerciall ...
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Permanent Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); '' Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); '' Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. D ...
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