MDY Indus. LLC V. Blizzard Entm't, Inc.
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MDY Indus. LLC V. Blizzard Entm't, Inc.
''MDY Industries, LLC v. Blizzard Entertainment, Inc and Vivendi Games, Inc.''629 F.3d 928(9th Cir. 2010), is a case decided by the United States Court of Appeals for the Ninth Circuit. At the district court level, MDY had been found liable under theories of copyright and tort law for selling software that contributed to the breach of Blizzard's End User License Agreement (EULA) and Terms of Use (ToU) governing the World of Warcraft video game software.MDY Industries, LLC v. Blizzard Entertainment, IncOrder(D. Ariz. Jul. 14, 2008). The court's ruling was appealed to the United States Court of Appeals for the Ninth Circuit, which reversed the district court in part, upheld in part, and remanded for further proceedings. The Court of Appeals ruled that for a software licensee's violation of a contract to constitute copyright infringement, there must be a nexus between the license condition and the licensor’s exclusive rights of copyright. However, the court also ruled, contrary ...
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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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Tortious Interference
Tortious interference, also known as intentional interference with contractual relations, in the common law of torts, occurs when one person intentionally damages someone else's contractual or business relationships with a third party, causing economic harm. As an example, someone could use blackmail to induce a contractor into breaking a contract; they could threaten a supplier to prevent them from supplying goods or services to another party; or they could obstruct someone's ability to honor a contract with a client by deliberately refusing to deliver necessary goods. A tort of negligent interference occurs when one party's negligence damages the contractual or business relationship between others, causing economic harm, such as, by blocking a waterway or causing a blackout that prevents the utility company from being able to uphold its existing contracts with consumers. Description Tortious interference with contract rights Tortious interference with contract rights can ...
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Universal Music Group V
Universal is the adjective for universe. Universal may also refer to: Companies * NBCUniversal, a media and entertainment company ** Universal Animation Studios, an American Animation studio, and a subsidiary of NBCUniversal ** Universal TV, a television channel owned by NBCUniversal ** Universal Kids, an American current television channel, formerly known as Sprout, owned by NBCUniversal ** Universal Pictures, an American film studio, and a subsidiary of NBCUniversal ** Universal Television, a television division owned by NBCUniversal Content Studios ** Universal Parks & Resorts, the theme park unit of NBCUniversal * Universal Airlines (other) * Universal Avionics, a manufacturer of flight control components * Universal Corporation, an American tobacco company * Universal Display Corporation, a manufacturer of displays * Universal Edition, a classical music publishing firm, founded in Vienna in 1901 * Universal Entertainment Corporation, a Japanese software producer and ...
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MAI Systems Corp
Mai, or MAI, may refer to: Names * Mai (Chinese surname) * Mai (Vietnamese surname) * Mai (name) * Mai (singer), J-Pop singer * Iris Mai (born 1962), German chess master Places * Chiang Mai, largest city in northern Thailand * Ma-i, a pre-Hispanic Philippine state * Mai, Non Sung, Thailand Organisations * Manufacturers Association of Israel, an Israeli business organization * Marina Abramović Institute, a performance art organization * Market for Alternative Investment, a stock market for small/medium enterprises in Thailand * Montreal Arts Interculturels, a multidisciplinary cultural organization in Montreal, Canada * Moscow Aviation Institute, an engineering and aviation university in Russia * Motorsports Association of India, the FIA arm of Indian Motorsports Science and Technology * Machine augmented intelligence, use of technology to amplify and empower human thought and consciousness * Mean annual increment, a measure of the average growth per year a tree or stand of tre ...
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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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Hard Disk Drive
A hard disk drive (HDD), hard disk, hard drive, or fixed disk is an electro-mechanical data storage device that stores and retrieves digital data using magnetic storage with one or more rigid rapidly rotating platters coated with magnetic material. The platters are paired with magnetic heads, usually arranged on a moving actuator arm, which read and write data to the platter surfaces. Data is accessed in a random-access manner, meaning that individual blocks of data can be stored and retrieved in any order. HDDs are a type of non-volatile storage, retaining stored data when powered off. Modern HDDs are typically in the form of a small rectangular box. Introduced by IBM in 1956, HDDs were the dominant secondary storage device for general-purpose computers beginning in the early 1960s. HDDs maintained this position into the modern era of servers and personal computers, though personal computing devices produced in large volume, like cell phones and tablets, rely on ...
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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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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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Motion For Summary Judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court for one party and against another party summarily, i.e., without a full 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 success and there is no other compelling reason why the case or issue should be disposed of at a trial." In common-law systems, questions about what the law actually is in a particular case are decided by judges; in rare cases jury nullification of the law may act t ...
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David G
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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Unjust Enrichment
In laws of equity, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon the recipient to make restitution, subject to defences such as change of position. Liability for an unjust (or unjustified) enrichment arises irrespective of wrongdoing on the part of the recipient. The concept of unjust enrichment can be traced to Roman law and the maxim that "no one should be benefited at another's expense": ''nemo locupletari potest aliena iactura'' or ''nemo locupletari debet cum aliena iactura''. The law of unjust enrichment is closely related to, but not co-extensive with, the law of restitution. The law of restitution is the law of gain-based recovery. It is wider than the law of unjust enrichment. Restitution for unjust enrichment is a subset of the law of restitution in the same way that compensation for breach of contract is a subset of ...
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