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MAI Systems Corp. V. Peak Computer, Inc.
''MAI Systems Corp. v. Peak Computer, Inc.'', 991 F.2d 511 (9th Cir. 1993), was a case heard by the United States Court of Appeals for the Ninth Circuit which addressed the issue of whether the loading of software programs into random-access memory (RAM) by a computer repair technician during maintenance constituted an unauthorized software copy and therefore a copyright violation. The court held that it did, although the United States Congress subsequently enacted an amendment to to specifically overrule this holding in the circumstances of computer repair. Background Peak Computer, Inc. is a computer maintenance company that organized in 1990. Peak maintained computer systems for its clients by performing routine maintenance and emergency repairs. When providing maintenance or making emergency repairs, Peak booted the MAI Systems computer, causing the MAI operating system to be loaded from the hard disk into RAM. MAI also alleged that Peak ran MAI's diagnostic software during ...
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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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Harry Pregerson
Harry Pregerson (October 13, 1923 – November 25, 2017) was a United States circuit judge appointed to the United States Court of Appeals for the Ninth Circuit by President Jimmy Carter in 1979. Pregerson was regarded as one of the judiciary's most liberal judges, attracting both praise and criticism for his insistence on placing his conscience above court precedent. Early life and education Pregerson was born and raised in Los Angeles, California, where his father was a postal worker. Both his parents were Jewish immigrants from Ukraine. Pregerson was a United States Marine Corps First Lieutenant in World War II, during which he was severely wounded in the Battle of Okinawa (4 May 1945). After the war, Pregerson attended college on the G.I. Bill. He graduated from University of California, Los Angeles with a Bachelor of Arts degree in 1947, and the UC Berkeley School of Law with a Bachelor of Laws in 1950. He was in private practice of law in Los Angeles from 1951 to 1953 ...
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Melvin T
Melvin is a masculine given name and surname, likely a variant of Melville and a descendant of the French surname de Maleuin and the later Melwin. It may alternatively be spelled as Melvyn or, in Welsh, Melfyn and the name Melivinia or Melva may be used a feminine form. Of Norman French origin, originally Malleville, which translates to "bad town," it likely made its way into usage in Scotland as a result of the Norman conquest of England. It came into use as a given name as early as the 19th century, in English-speaking populations. As a name Given name Academics *Melvin Calvin (1911–1997), American chemist who discovered the Calvin cycle *Melvin Day (1923–2016), New Zealand artist and art historian *Melvin Hochster (born 1943), American mathematician *Melvin Konner (born 1946), Professor of Anthropology *Melvin Schwartz (1932–2006), American physicist who won the Nobel Prize in Physics in 1988 * Melvin Alvah Traylor, Jr. (1915–2008), American ornithologist Busines ...
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Ferdinand Francis Fernandez
Ferdinand Francis Fernandez (born May 29, 1937) is a Senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit and a former United States District Judge of the United States District Court for the Central District of California. Education and career Born in Pasadena, California, Fernandez received a Bachelor of Science degree from the University of Southern California in 1958, a Juris Doctor from the University of Southern California Gould School of Law in 1962, and a Master of Laws from Harvard Law School in 1963. He was a law clerk for Judge William M. Byrne of the United States District Court for the Central District of California from 1963 to 1964, thereafter entering private practice in Pomona, California until 1980. He was a judge of the San Bernardino County State Superior Court of California from 1980 to 1985. Federal judicial service On July 19, 1985, Fernandez was nominated by President Ronald Reagan to a new seat on the Unite ...
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Random-access Memory
Random-access memory (RAM; ) is a form of computer memory that can be read and changed in any order, typically used to store working Data (computing), data and machine code. A Random access, random-access memory device allows data items to be read (computer), read or written in almost the same amount of time irrespective of the physical location of data inside the memory, in contrast with other direct-access data storage media (such as hard disks, CD-RWs, DVD-RWs and the older Magnetic tape data storage, magnetic tapes and drum memory), where the time required to read and write data items varies significantly depending on their physical locations on the recording medium, due to mechanical limitations such as media rotation speeds and arm movement. RAM contains multiplexer, multiplexing and demultiplexing circuitry, to connect the data lines to the addressed storage for reading or writing the entry. Usually more than one bit of storage is accessed by the same address, and RAM ...
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Copyright
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 righ ...
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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 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-numbered year on Election Day. The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 establishes that there be 435 representatives and the Uniform Congressional Redistricting Act requires ...
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MAI Systems
MAI Systems Corporation, or simply MAI, was a United States-based computer company best known for its Basic/Four product and the customized computer systems that ran it. It was later known for its computer reservation systems. The company formed in 1957 as a consulting firm, Management Assistance Inc.. In the early 1960s they created a profitable niche leasing IBM mainframes and grew to have income in the millions. When the System/360 was announced the company was left with hundreds of millions of dollars worth of suddenly outdated equipment, and by 1971 the company was almost insolvent. The company re-launched that year starting several new subsidiaries. Among these was Basic/Four Corporation which sold customized minicomputers running their version of Business Basic, Genesis One that bought and sold obsolete equipment, and Sorbus, which performed servicing on computer equipment. Genesis One was never very successful, and while Sorbus was modestly profitable, by 1975 two-thirds ...
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MAI Basic Four
MAI Basic Four (sometimes written as Basic/Four Corporation or Basic 4) refers to a variety of Business Basic, the computers that ran it, and the company that sold them (its name at various times given as MAI Systems, MAI Basic Four Inc., and MAI Basic Four Information Systems). Basic/Four Corporation was created as a subsidiary of Management Assistance, Inc. in Irvine, California. Basic/Four sold small business minicomputers that were assembled from Microdata Corporation CPUs. MAI Basic Four Business Basic was one of the first commercially available business BASIC interpreters, in the 1970s. MAI Basic Four (the company) originally sold minicomputers but later offered superminicomputers and microcomputers. The computers ran an operating system with the BASIC interpreter integrated. The BASIC interpreter was written in TREE-META. In 1985, Wall Street financier Bennett S. LeBow purchased the company after it had experienced significant operating financial losses. In 1988, LeBow ...
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Summary Judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ... for one party and against another party summarily, i.e., without a full Trial (law), trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of suc ...
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Trade Secrets
Trade secrets are a type of intellectual property that includes formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ascertainable by others, and which the owner takes reasonable measures to keep secret. Intellectual property law gives the owner of a trade secret the right to restrict others from disclosing it. In some jurisdictions, such secrets are referred to as confidential information. Definition The precise language by which a trade secret is defined varies by jurisdiction, as do the particular types of information that are subject to trade secret protection. Three factors are common to all such definitions: A trade secret is information that * is not generally known to the public; * confers economic benefit on its holder the information is not publicly known; and * where the holder makes reasonable efforts to maintain its secrecy. In internatio ...
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1993 In United States Case Law
File:1993 Events Collage.png, From left, clockwise: The Oslo I Accord is signed in an attempt to resolve the Israeli–Palestinian conflict; The Russian White House is shelled during the 1993 Russian constitutional crisis; Czechoslovakia is peacefully dissolved into the Czech Republic and Slovakia; In the United States, the ATF besieges a compound belonging to David Koresh and the Branch Davidians in a search for illegal weapons, which ends in the building being set alight and killing most inside; Eritrea gains independence; A major snow storm passes over the United States and Canada, leading to over 300 fatalities; Drug lord and narcoterrorist Pablo Escobar is killed by Colombian special forces; Ramzi Yousef and other Islamic terrorists detonate a truck bomb in the subterranean garage of the North Tower of the World Trade Center in the United States., 300x300px, thumb rect 0 0 200 200 Oslo I Accord rect 200 0 400 200 1993 Russian constitutional crisis rect 400 0 600 200 ...
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