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Brown Bag Software V. Symantec Corp
''Brown Bag Software v. Symantec Corp.'' is an intellectual property law case in which the United States Court of Appeals for the Ninth Circuit affirmed-in-part and vacated-in-part the previous ruling of the United States District Court for the Northern District of California. Brown Bag Software sued Symantec Corporation and John L. Friend, an individual software developer for Softworks Development, for copyright infringement and several state law claims regarding the similarity of Symantec Corporation's and Brown Bag Software's computer outlining programs. The District Court rejected Brown Bag Software's copyright infringement claims and the Ninth Circuit Court of Appeals affirmed these rulings. The Ninth Circuit Court of Appeals noted the lack of a decision regarding Brown Bag's state law claims and returned the case back to the District Court for a ruling. The District Court later rejected Brown Bag's state law claims, finalizing all claims in this case. Background John L ...
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United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabil ...
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Joseph Tyree Sneed III
Joseph Tyree Sneed III (July 21, 1920 – February 9, 2008) was a Republican United States Deputy Attorney General and then a United States circuit judge of the United States Court of Appeals for the Ninth Circuit for nearly 35 years until his death. He was the father of Carly Fiorina, a former CEO of Hewlett-Packard. Early life Joseph Tyree Sneed III was born on July 21, 1920 in Calvert, Texas. He was the son of Cara Carlton (Weber) and Harold Marvin Sneed (January 6, 1883 – Dec 27, 1934), a rancher and landowner. He spent his youth working summers as a cowboy on his uncle's ranch in the Texas Panhandle. Sneed received his Bachelor of Business Administration degree from Southwestern University in 1941. He served as a Staff Sergeant in the Army Air Corps during World War II. Sneed attended the University of Texas School of Law, where he received his Bachelor of Laws, Order of the Coif in 1947. He was also a visiting student at the London School of Economics and the Universit ...
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Thomas Tang
Thomas Tang (鄧心平, January 11, 1922 – July 18, 1995) was a United States circuit judge of the United States Court of Appeals for the Ninth Circuit and the first American of Chinese descent appointed to the federal judiciary. Education and career The son of a grocery owner, Tang was born and spent his early years in Phoenix, Arizona, where he attended public schools. He joined the military through ROTC in 1942 and became a First Lieutenant in the United States Army. After graduation from the Santa Clara University with a Bachelor of Science degree and the James E. Rogers College of Law at the University of Arizona with a Bachelor of Laws, he was again commissioned to the Army and served on the Korean peninsula during the Korean War. In 1952, Tang resigned from the Army and after a brief stint of private practice, served as Deputy County Attorney of Maricopa County, Arizona from 1952 to 1957 and Assistant Attorney General of Arizona from 1957 to 1959. He was then elected ...
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David R
David (; , "beloved one") (traditional spelling), , ''Dāwūd''; grc-koi, Δαυΐδ, Dauíd; la, Davidus, David; gez , ዳዊት, ''Dawit''; xcl, Դաւիթ, ''Dawitʿ''; cu, Давíдъ, ''Davidŭ''; possibly meaning "beloved one". was, according to the Hebrew Bible, the third king of the United Kingdom of Israel. In the Books of Samuel, he is described as a young shepherd and harpist who gains fame by slaying Goliath, a champion of the Philistines, in southern Canaan. David becomes a favourite of Saul, the first king of Israel; he also forges a notably close friendship with Jonathan, a son of Saul. However, under the paranoia that David is seeking to usurp the throne, Saul attempts to kill David, forcing the latter to go into hiding and effectively operate as a fugitive for several years. After Saul and Jonathan are both killed in battle against the Philistines, a 30-year-old David is anointed king over all of Israel and Judah. Following his rise to power, David ...
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United States District Court For The Northern District Of California
The United States District Court for the Northern District of California (in case citations, N.D. Cal.) is the federal United States district court whose jurisdiction comprises the following counties of California: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, and Sonoma. The court hears cases in its courtrooms in Eureka, Oakland, San Francisco, and San Jose. It is headquartered in San Francisco. Cases from the Northern District of California are appealed to the United States Court of Appeals for the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). Because it covers San Francisco and Silicon Valley, the Northern District of California has become known as the presumptive destination for major federal lawsuits (such as large class actions and multi-district litigation) involv ...
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Outliner
An outliner (or outline processor) is a specialized type of text editor (word processor) used to create and edit outlines, which are text files which have a tree structure, for organization. Textual information is contained in discrete sections called "nodes", which are arranged according to their topic–subtopic (parent–child) relationships, like the members of a family tree. When loaded into an outliner, an outline may be collapsed or expanded to display as few or as many levels as desired. Outliners are used for storing and retrieving textual information, with terms, phrases, sentences, or paragraphs attached to a tree. So rather than being arranged by document, information is arranged by topic or content. An outline in an outliner may contain as many topics as desired. This eliminates the need to have separate documents, as outlines easily include other outlines just by adding to the tree. The main difference between a hand-written outline and a digital one is that the f ...
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GrandView (software)
GrandView is an outlining and personal information management (PIM) application originally developed by Living Videotext. Living Videotext was acquired by Symantec in 1987. Grandview was sold until the early 1990s and is no longer supported by Symantec. It closely resembled PC-Outline, an outliner for IBM PCs of the 1980s. Grandview was derived from the same software. Reception ''BYTE'' in 1989 listed GrandView as among the "Distinction" winners of the BYTE Awards, stating that it was "packed with goodies" and worth the time necessary to learn how to use it. See also * Outliner An outliner (or outline processor) is a specialized type of text editor (word processor) used to create and edit outlines, which are text files which have a tree structure, for organization. Textual information is contained in discrete sections ca ... References External links Compute! magazine review of Grandview 2.0, 1992
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Analytic Dissection
Analytic dissection is a concept in U.S. copyright law analysis of computer software. Analytic dissection is a tool for determining whether a work accused of copyright infringement is substantially similar to a copyright-protected work. In analytic dissection, unprotectable elements of a work are dissected out and discarded before making any comparison of the two works. These unprotectable components include ''idea'' (as contrasted with ''expression''), ''scènes à faire'' (conventional elements typical of a genre), material in the public domain, and functional aspects. As the Ninth Circuit explained in the 1988 ''Data East'' case, that such elements are common to two works does not create substantial similarity. Rather, infringing similarity must be based on the similarity of what remains after the unprotectable elements are dissected out. Subsequently, in '' Computer Associates International, Inc. v. Altai, Inc.'', the Second Circuit applied this conceptual tool in determining ...
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Substantial Similarity
Substantial similarity, in US copyright law, is the standard used to determine whether a defendant has infringed the reproduction right of a copyright. The standard arises out of the recognition that the exclusive right to make copies of a work would be meaningless if copyright infringement were limited to making only exact and complete reproductions of a work. Many courts also use "substantial similarity" in place of "probative" or "striking similarity" to describe the level of similarity necessary to prove that copying has occurred. A number of tests have been devised by courts to determine substantial similarity. They may rely on expert or lay observation or both and may subjectively judge the feel of a work or critically analyze its elements. Substantial similarity in copyright infringement To win a claim of copyright infringement in civil or criminal court, a plaintiff must show he or she owns a valid copyright, the defendant actually copied the work, and the level of copyin ...
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Data East USA, Inc
In the pursuit of knowledge, data (; ) is a collection of discrete values that convey information, describing quantity, quality, fact, statistics, other basic units of meaning, or simply sequences of symbols that may be further interpreted. A datum is an individual value in a collection of data. Data is usually organized into structures such as tables that provide additional context and meaning, and which may themselves be used as data in larger structures. Data may be used as variables in a computational process. Data may represent abstract ideas or concrete measurements. Data is commonly used in scientific research, economics, and in virtually every other form of human organizational activity. Examples of data sets include price indices (such as consumer price index), unemployment rates, literacy rates, and census data. In this context, data represents the raw facts and figures which can be used in such a manner in order to capture the useful information out of it. Dat ...
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Lanham Act
The Lanham (Trademark) Act (, codified at et seq. () is the primary federal trademark statute of law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising. History Named for Representative Fritz G. Lanham of Texas, the Act was passed on July 5, 1946, and signed into law by President Harry Truman, taking effect "one year from its enactment", on July 6, 1947. In rare circumstances, a conflict will arise between trademarks that have been in use since before the Lanham Act went into effect, thus requiring the courts to examine the dispute according to the trademark act that existed before the Lanham Act. The Act has been amended several times since its enactment. Its impact was significantly enhanced by the Trademark Counterfeiting Act of 1984, which made the intentional use of a counterfeit trademark or the unauthorized use of a counterfeit trademark an offense under Title 18 of the United Sta ...
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United States Copyright Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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