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First-sale
The first-sale doctrine (also sometimes referred to as the "right of first sale" or the "first sale rule") is an American 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 ...
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Alienation (property Law)
In property law, alienation is the voluntary act of an owner of some property to dispose of the property, while alienability, or being alienable, is the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another. Most property is alienable, but some may be subject to restraints on alienation. In England under the feudal system, land was generally transferred by subinfeudation, and alienation required license from the overlord. When William Blackstone published ''Commentaries on the Laws of England'' between 1765-1769, he described the principal object of English real property laws as the law of inheritance, which maintained the cohesiveness and integrity of estates through generations and thus secured political power within families. In 1833, Justice Joseph Story in his ''Commentaries on the Constitution of the United States'' linked landowners' jealous watchfullness of their rights and spirit of resistance in the American R ...
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Copyright Act Of 1908
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial rig ...
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Steam (service)
Steam is a Digital distribution of video games, video game digital distribution service and storefront by Valve Corporation, Valve. It was launched as a software client in September 2003 as a way for Valve to provide automatic updates for their games, and expanded to distributing and offering third-party Video game publisher, game publishers' titles in late 2005. Steam offers various features, like digital rights management (DRM), Matchmaking (video games), game server matchmaking, Valve Anti-Cheat, anti-cheat measures, social networking service, social networking and video game live streaming, game streaming services. It provides the user with automatic game updating, saved game cloud synchronization, and community features such as friends messaging, in-game chat and a community market. Valve released a freely available application programming interface (API) called Steamworks in 2008, which developers can use to integrate Steam's functions into their products, including in-gam ...
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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 the majority of the world's 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. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goo ...
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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, an American pharmacist *Vernor Vinge, a science fiction author *Vernors Vernors is an American brand of ginger ale owned by Keurig Dr Pepper that was first served in 1866 by James Vernor, a Detroit pharmacist. History Vernors is the oldest surviving ginger ale, according to the company it was first served to t ...
, an American soft drink {{disambig ...
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End-user License Agreement
An end-user license agreement or EULA () is a legal contract between a software supplier and a customer or end-user, generally made available to the customer via a retailer acting as an intermediary. A EULA specifies in detail the rights and restrictions which apply to the use of the software. Form contracts for digital services (such as terms of service and privacy policies) were traditionally presented on paper (see shrink-wrap agreement) but are now often presented digitally via browsewrap or clickwrap formats. As the user may not see the agreement until after they have already purchased or engaged with the software, these documents may be contracts of adhesion. Software companies often make special agreements with large businesses and government entitles that include support contracts and specially drafted warranties. Many EULAs assert extensive liability limitations. Most commonly, an EULA will attempt to hold harmless the software licensor in the event that the software cau ...
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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 manifest their assent by clicking an "ok" or "agree" button on a dialog box or po ...
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Shrink Wrap Contract
Shrinkwrap contracts or shrinkwrap licenses are boilerplate contracts packaged with products; usage 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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ITunes Store
The iTunes Store is a digital media store operated by Apple Inc. It opened on April 28, 2003, as a result of Steve Jobs' push to open a digital marketplace for music. As of April 2020, iTunes offered 60 million songs, 2.2 million apps, 25,000 TV shows, and 65,000 films. When it opened, it was the only legal digital catalog of music to offer songs from all five major record labels. The iTunes Store is available on most Apple devices, including the Mac (inside the Music app), the iPhone, the iPad, the iPod touch, and the Apple TV, as well as on Windows (inside iTunes). Video purchases from the iTunes Store are viewable on the Apple TV app on Roku and Amazon Fire TV devices and certain smart televisions. While initially a dominant player in digital media, by the mid-2010s, streaming media services were generating more revenue than the buy-to-own model used by the iTunes Store. Apple now operates its own subscription-based streaming music service, Apple Music alongside the ...
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Autodesk
Autodesk, Inc. is an American multinational software corporation that makes 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 Canada offices are located in the provinces of Ontario, Quebec, and Alberta. The company was founded in 1982 by John Walker, who was a coauthor of the first versions of AutoCAD. AutoCAD, which is the company's flagship computer-aided design (CAD) software and Revit software are 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. Autodesk became best known for ...
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UMG V
Universal Music Group N.V. (often abbreviated as UMG and referred to as just 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 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 company went public on September 21, 2021, at a valuation of €46 billion. In 2019, ''Fast Company'' named Universal Music Group the most innovative music company and listed UMG among the Top 50 most innovative companies in the world and "amid the music industry's digital transf ...
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