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Commercial Software
Commercial software, or, seldom, payware, is a computer software that is produced for sale or that serves commercial purposes. Commercial software can be proprietary software or free and open-source software. Background and challenge While software creation by programming is a time and labor-intensive process, comparable to the creation of physical goods, the reproduction, duplication and sharing of software as digital goods is in comparison disproportionately easy. No special machines or expensive additional resources are required, unlike almost all physical goods and products. Once the software is created it can be copied in infinite numbers, for almost zero cost, by anyone. This made commercialization of software for the mass market in the beginning of the computing era impossible. Unlike hardware, it was not seen as trade-able and commercialize-able good. Software was plainly shared for free (hacker culture) or distributed bundled with sold hardware, as part of the ...
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Computer Software
Software consists of computer programs that instruct the Execution (computing), execution of a computer. Software also includes design documents and specifications. The history of software is closely tied to the development of digital computers in the mid-20th century. Early programs were written in the machine language specific to the hardware. The introduction of high-level programming languages in 1958 allowed for more human-readable instructions, making software development easier and more portable across different computer architectures. Software in a programming language is run through a compiler or Interpreter (computing), interpreter to execution (computing), execute on the architecture's hardware. Over time, software has become complex, owing to developments in Computer network, networking, operating systems, and databases. Software can generally be categorized into two main types: # operating systems, which manage hardware resources and provide services for applicat ...
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Microprocessor
A microprocessor is a computer processor (computing), processor for which the data processing logic and control is included on a single integrated circuit (IC), or a small number of ICs. The microprocessor contains the arithmetic, logic, and control circuitry required to perform the functions of a computer's central processing unit (CPU). The IC is capable of interpreting and executing program instructions and performing arithmetic operations. The microprocessor is a multipurpose, Clock signal, clock-driven, Processor register, register-based, digital integrated circuit that accepts binary code, binary data as input, processes it according to instruction (computing), instructions stored in its computer memory, memory, and provides results (also in binary form) as output. Microprocessors contain both combinational logic and sequential logic, sequential digital logic, and operate on numbers and symbols represented in the binary number system. The integration of a whole CPU on ...
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Storage Medium
Data storage is the recording (storing) of information (data) in a storage medium. Handwriting, phonographic recording, magnetic tape, and optical discs are all examples of storage media. Biological molecules such as RNA and DNA are considered by some as data storage. Recording may be accomplished with virtually any form of energy. Electronic data storage requires electrical power to store and retrieve data. Data storage in a digital, machine-readable medium is sometimes called ''digital data''. Computer data storage is one of the core functions of a general-purpose computer. Electronic documents can be stored in much less space than paper documents. Barcodes and magnetic ink character recognition (MICR) are two ways of recording machine-readable data on paper. Recording media A recording medium is a physical material that holds information. Newly created information is distributed and can be stored in four storage media–print, film, magnetic, and optical–and s ...
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Copy-protection
Copy protection, also known as content protection, copy prevention and copy restriction, is any measure to enforce copyright by preventing the reproduction of software, films, music, and other media. Copy protection is most commonly found on videotapes, DVDs, Blu-ray discs, HD-DVDs, computer software discs, video game discs and cartridges, audio CDs and some VCDs. It also may be incorporated into digitally distributed versions of media and software. Some methods of copy protection have also led to criticism because it caused inconvenience for paying consumers or secretly installed additional or unwanted software to detect copying activities on the consumer's computer. Making copy protection effective while protecting consumer rights remains a problem with media publication. Terminology Media corporations have always used the term copy protection, but critics argue that the term tends to sway the public into identifying with the publishers, who favor restriction technologie ...
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Richmond Journal Of Law And Technology
The University of Richmond School of Law (abbreviated as Richmond Law) is the law school of the University of Richmond, a private liberal arts college in Richmond, Virginia. Richmond Law is ranked tied for 66th in the US by ''U.S. News & World Report''.
''US News''
With approximately 150 J.D. candidates per class year, the University of Richmond School of Law is Higher education accreditation in the United States, accredited by the .
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Exclusive Right
An exclusive right, or exclusivity, is a ''de facto'', non-tangible prerogative existing in law (that is, the power or, in a wider sense, right) to perform an action or acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit. Exclusive rights are a form of monopoly. Exclusive rights can be established by law or by contractual obligation, but the scope of enforceability will depend upon the extent to which others are bound by the instrument establishing the exclusive right; thus in the case of contractual rights, only persons that are parties to a contract will be affected by the exclusivity. Exclusive rights may be granted in property law, copyright law, patent law, in relation to public utility, public utilities, or, in some jurisdictions, in other ''sui generis'' legislation. Many scholars argue that such rights form the basis for the concepts of property (ownership right), property and ownership. Privately granted ri ...
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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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Trade Secret
A trade secret is a form of intellectual property (IP) comprising confidential information that is not generally known or readily ascertainable, derives economic value from its secrecy, and is protected by reasonable efforts to maintain its confidentiality. Well-known examples include the Coca-Cola formula and the recipe for KFC Original Recipe, Kentucky Fried Chicken. Unlike other forms of IP, trade secrets do not require formal registration and can be protected indefinitely, as long as they remain undisclosed. Instead, Non-disclosure agreement, non-disclosure agreements (NDAs), among other measures, are commonly used to keep the information secret. Like other IP assets, trade secrets may be sold or licensed. Unauthorized acquisition, use, or disclosure of a trade secret by others in a manner contrary to honest commercial practices is considered misappropriation of the trade secret. If trade secret Misappropriation of assets, misappropriation happens, the trade secret holder ...
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Software Patent
A software patent is a patent on a piece of software, such as a computer program, library, user interface, or algorithm. The validity of these patents can be difficult to evaluate, as software is often at once a product of engineering, something typically eligible for patents, and an abstract concept, which is typically not. This gray area, along with the difficulty of patent evaluation for intangible, technical works such as libraries and algorithms, makes software patents a frequent subject of controversy and litigation. Different jurisdictions have radically different policies concerning software patents, including a blanket ban, no restrictions, or attempts to distinguish between purely mathematical constructs and "embodiments" of these constructs. For example, an algorithm itself may be judged unpatentable, but its use in software judged patentable. Background A patent is a set of exclusionary rights granted by a state to a patent holder for a limited period of time, usual ...
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Contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elem ...
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Software Copyright
Software copyright is the application of copyright in law to machine-readable software. While many of the legal principles and policy debates concerning software copyright have close parallels in other domains of copyright law, there are a number of distinctive issues that arise with software. This article primarily focuses on topics particular to software. Software copyright is used by software developers and proprietary software companies to prevent the unauthorized copying of their software. Free and open source licenses also rely on copyright law to enforce their terms. For instance, copyleft licenses impose a duty on licensees to share their modifications to the work with the user or copy owner under some circumstances. No such duty would apply had the software in question been in the public domain. National and supranational laws Canada In Canada, software is protected as a literary work under the Copyright Act of Canada. Copyright is acquired automatically when an orig ...
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Software Piracy
Online piracy or software piracy is the practice of downloading and distributing copyrighted works digitally without permission, such as music, movies or software. History Nathan Fisk traces the origins of modern online piracy back to similar problems posed by the advent of the printing press. Quoting from legal standards in '' MGM Studios, Inc. v. Grokster, Ltd.'', he notes that there have historically been a number of technologies which have had a "dual effect" of facilitating legitimate sharing of information, but which also facilitate the ease with which copyright can be violated. He likens online piracy to issues faced in the early 20th century by stationers in England, who tried and failed to prevent the large scale printing and distribution of illicit sheet music. WordStar was so widely pirated that many books on how to use the software appeared, their authors knowing that they were selling documentation for illicit copies. Starting in the 1980s, the availability of ...
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