Lotus V. Borland
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Lotus V. Borland
''Lotus Dev. Corp. v. Borland Int'l, Inc.'', 516 U.S. 233 (1996), is a United States Supreme Court case that tested the extent of software copyright.. The lower court had held that copyright does not extend to the user interface of a computer program, such as the text and layout of menus. Due to the recusal of one justice, the Supreme Court decided the case with an eight-member bench that split evenly, leaving the lower court's decision affirmed but setting no national precedent. Background information Borland released a spreadsheet product, Quattro Pro, that had a compatibility mode in which its menu imitated that of Lotus 1-2-3, a competing product. None of the source code or machine code that generated the menus was copied, but the names of the commands and the organization of those commands into a hierarchy were virtually identical. Quattro Pro also contained a feature called "Key Reader", which allowed it to execute Lotus 1-2-3 keyboard macros. In order to support this fea ...
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1st Cir
First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and record producer Albums * ''1st'' (album), a 1983 album by Streets * ''1st'' (Rasmus EP), a 1995 EP by The Rasmus, frequently identified as a single * ''1ST'', a 2021 album by SixTones * ''First'' (Baroness EP), an EP by Baroness * ''First'' (Ferlyn G EP), an EP by Ferlyn G * ''First'' (David Gates album), an album by David Gates * ''First'' (O'Bryan album), an album by O'Bryan * ''First'' (Raymond Lam album), an album by Raymond Lam * ''First'', an album by Denise Ho Songs * "First" (Cold War Kids song), a song by Cold War Kids * "First" (Lindsay Lohan song), a song by Lindsay Lohan * "First", a song by Everglow from '' Last Melody'' * "First", a song by Lauren Daigle * "First", a song by Niki & Gabi * "First", a song by Jonas Bro ...
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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, th ...
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Microsoft
Microsoft Corporation is an American multinational technology corporation producing computer software, consumer electronics, personal computers, and related services headquartered at the Microsoft Redmond campus located in Redmond, Washington, United States. Its best-known software products are the Windows line of operating systems, the Microsoft Office suite, and the Internet Explorer and Edge web browsers. Its flagship hardware products are the Xbox video game consoles and the Microsoft Surface lineup of touchscreen personal computers. Microsoft ranked No. 21 in the 2020 Fortune 500 rankings of the largest United States corporations by total revenue; it was the world's largest software maker by revenue as of 2019. It is one of the Big Five American information technology companies, alongside Alphabet, Amazon, Apple, and Meta. Microsoft was founded by Bill Gates and Paul Allen on April 4, 1975, to develop and sell BASIC interpreters for the Altair 8800. It ...
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Novell
Novell, Inc. was an American software and services company headquartered in Provo, Utah, that existed from 1980 until 2014. Its most significant product was the multi- platform network operating system known as Novell NetWare. Under the leadership of chief executive Ray Noorda, NetWare became the dominant form of personal computer networking during the second half of the 1980s and first half of the 1990s. At its high point, NetWare had a 63 percent share of the market for network operating systems and by the early 1990s there were over half a million NetWare-based networks installed worldwide encompassing more than 50 million users. Novell technology contributed to the emergence of local area networks, which displaced the dominant mainframe computing model and changed computing worldwide. Novell was the second-largest maker of software for personal computers, trailing only Microsoft Corporation, and became instrumental in making Utah Valley a focus for technology and softw ...
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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 U.S. Federal tribunals in the United States, federal court cases, and over State court (United States), state court cases that involve a point of 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." The court holds the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution of the United States, Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law ove ...
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Recusal
Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer. Applicable statutes or canons of ethics may provide standards for recusal in a given proceeding or matter. Providing that the judge or presiding officer must be free from disabling conflicts of interest makes the fairness of the proceedings less likely to be questioned. Recusal in the United States In the United States, the term "recusal" is used most often with respect to court proceedings. Two sections of Title 28 of the United States Code (the Judicial Code) provide standards for judicial disqualification or recusal. Section 455, captioned "Disqualification of justice, judge, or magistrate judge", provides that a federal judge "shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned". The section ...
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Per Curiam
In law, a ''per curiam'' decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least, a majority of the court) acting collectively (and typically, though not necessarily, unanimously). In contrast to regular opinions, a ''per curiam'' does not list the individual judge responsible for authoring the decision, but minority concurring and dissenting opinions are signed. It is not the only type of decision that can reflect the opinion of the court. Other types of decisions can also reflect the opinion of the entire court, such as unanimous decisions in which the opinion of the court is expressed, with an author listed. The term ''per curiam'' is Latin for "by the court". United States Federal The decisions of the U.S. Supreme Court are generally not ''per curiam'', with exceptions. Their decisions more commonly take the form of one or more opinions signed by individual justices which are t ...
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Writ Of Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cent ...
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Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder ...
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Concurring Opinion
In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different (or additional) reasons as the basis for their decision. When no absolute majority of the court can agree on the basis for deciding the case, the decision of the court may be contained in a number of concurring opinions, and the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion. As a practical matter, concurring opinions are slightly less useful to lawyers than majority opinions. Having failed to receive a majority of the court's votes, concurring opinions are not binding precedent and cannot be cited as such. But concurring opinions can sometimes be cited as a form of persuasive precedent (assuming the point of law is one on which there is no binding precedent already in effect). The conflict in views between a majority opinion and a con ...
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Michael Boudin
Michael Boudin ( ; born November 29, 1939) is a former United States circuit judge of the United States Court of Appeals for the First Circuit. He served as Chief Judge of that court from 2001 to 2008. Before his service on the First Circuit, he was a United States District Judge of the United States District Court for the District of Columbia. He was elected to the American Philosophical Society in 2010. Early life and education Boudin was born in New York City, the son of poet Jean (Roisman) Boudin and the civil liberties attorney Leonard Boudin, and older brother of Weather Underground member Kathy Boudin. He received a Bachelor of Arts degree from Harvard University and a Bachelor of Laws from Harvard Law School in 1964. He was a law clerk for Judge Henry J. Friendly of the United States Court of Appeals for the Second Circuit from 1964 to 1965, and then clerked for Justice John Marshall Harlan II of the Supreme Court of the United States from 1965 to 1966. Legal caree ...
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Video Cassette Recorder
A videocassette recorder (VCR) or video recorder is an electromechanical device that records analog audio and analog video from broadcast television or other source on a removable, magnetic tape videocassette, and can play back the recording. Use of a VCR to record a television program to play back at a more convenient time is commonly referred to as '' timeshifting''. VCRs can also play back prerecorded tapes. In the 1980s and 1990s, prerecorded videotapes were widely available for purchase and rental, and blank tapes were sold to make recordings. VCRs declined in popularity during the early 2000s and in July 2016, Funai Electric, the last manufacturer of them ceased production. History Early machines and formats The history of the videocassette recorder follows the history of videotape recording in general. Ampex introduced the quadruplex videotape professional broadcast standard format with its Ampex VRX-1000 in 1956. It became the world's first commercially suc ...
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