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Open Source License Litigation
Open source license litigation involves lawsuits surrounding open-source licensed software. Many of the legal rights of open source software licensors enforceable against users violating licensing agreements are untested by the U.S. legal system. Free and open source software (FOSS) is distributed under a variety of free-software licenses, which are unique among other software licenses. Legal action against open source licenses involves questions about their validity and enforceability. Copyright litigation ''Jacobsen v. Katzer'' (2008) ''Jacobsen v. Katzer'' ("Jacobsen") addressed the extent to which a copyright holder of free public-use software can control the modification and use of their work by another party. Jacobsen made code available for public download under an open source public license, Artistic License 1.0, which Katzer copied into their own commercial software products without recognizing the code's source. Jacobsen argued that the terms of the license defined the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Open-source License
An open-source license is a type of license for computer software and other products that allows the source code, blueprint or design to be used, modified and/or shared under defined terms and conditions. This allows end users and commercial companies to review and modify the source code, blueprint or design for their own customization, curiosity or troubleshooting needs. Open-source licensed software is mostly available free of charge, though this does not necessarily have to be the case. Licenses which only permit non-commercial redistribution or modification of the source code for personal use only are generally not considered as open-source licenses. However, open-source licenses may have some restrictions, particularly regarding the expression of respect to the origin of software, such as a requirement to preserve the name of the authors and a copyright statement within the code, or a requirement to redistribute the licensed software only under the same license (as in a copy ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Linux Kernel
The Linux kernel is a free and open-source, monolithic, modular, multitasking, Unix-like operating system kernel. It was originally authored in 1991 by Linus Torvalds for his i386-based PC, and it was soon adopted as the kernel for the GNU operating system, which was written to be a free (libre) replacement for Unix. Linux is provided under the GNU General Public License version 2 only, but it contains files under other compatible licenses. Since the late 1990s, it has been included as part of a large number of operating system distributions, many of which are commonly also called Linux. Linux is deployed on a wide variety of computing systems, such as embedded devices, mobile devices (including its use in the Android operating system), personal computers, servers, mainframes, and supercomputers. It can be tailored for specific architectures and for several usage scenarios using a family of simple commands (that is, without the need of manually editing its source code ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 mus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of 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 court cases, and over state court cases that involve a point of federal law. It also has 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, the ability to invalidate a statute for violating a provision of the 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 over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States Constit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Tenth Circuit
The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * District of Colorado * District of Kansas * District of New Mexico * Eastern District of Oklahoma * Northern District of Oklahoma * Western District of Oklahoma * District of Utah * District of Wyoming These districts were part of the Eighth Circuit until 1929. The court is composed of twelve active judges and is based at the Byron White U.S. Courthouse in Denver, Colorado. It is one of thirteen United States courts of appeals and has jurisdiction over 560,625 square miles, or roughly one seventh of the country's land mass. History Congress created a new judicial circuit in 1929 to accommodate the increased caseload in the federal courts. Between 1866 and 1912, twelve new states had entered the Union and been incorporated into the Eighth and Ninth Circuits. The Eighth Circuit e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jacobsen V
Jacobsen may refer to: * Jacobsen (surname), including a list of people with the name * Jacobsen Manufacturing, a former American manufacturer ** Jacobsen, a brand of lawn-care products by Textron * Jacobsen Publishing, publisher of several American regional newspapers * Jacobsen (beer), a brand of specialty beers owned by Carlsberg * Miranda, California (formerly Jacobsen's), a place in Humboldt County, California, U.S. See also * Jacobson (other) * Jakobsen, a surname * Jakobson (surname) * Theodor Jacobsen Observatory The Theodor Jacobsen Observatory is the on-campus observatory of the University of Washington. Built in 1895, it is the second oldest building on campus and was constructed using the remaining Tenino sandstone blocks from Denny Hall, the olde ..., University of Washington, U.S. * H. N. Jacobsens Bókahandil, a bookshop in Tórshavn, Faroe Islands {{disambig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abuse Of Process
An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action. In common law it is classified as a tort distinct from the intentional tort of malicious prosecution. It is a tort that involves misuse of the public right of access to the courts. In the United States it may be described as a legal process being commenced to gain an unfair litigation advantage. The elements of a valid cause of action for abuse of process in most common law jurisdictions are as follows: (1) the existence of an ulterior purpose or motive underlying the use of process, and (2) some act in the use of the legal process not proper in the regular prosecution of the proceedings. Abuse of process can be distinguished from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Software Maintenance
Software maintenance in software engineering is the modification of a software product after delivery to correct faults, to improve performance or other attributes. A common perception of maintenance is that it merely involves fixing defects. However, one study indicated that over 80% of maintenance effort is used for non-corrective actions. This perception is perpetuated by users submitting problem reports that in reality are functionality enhancements to the system. More recent studies put the bug-fixing proportion closer to 21%. History Software maintenance and evolution of systems was first addressed by Meir M. Lehman in 1969. Over a period of twenty years, his research led to the formulation of Lehman's Laws (Lehman 1997). Key findings of his research conclude that maintenance is really evolutionary development and that maintenance decisions are aided by understanding what happens to systems (and software) over time. Lehman demonstrated that systems continue to evolve ove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Derivative Work
In copyright law, a derivative work is an expressive creation that includes major copyrightable elements of an original, previously created first work (the underlying work). The derivative work becomes a second, separate work independent in form from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, Film adaptation, cinematic adaptations and Arrangement, musical arrangements are common types of derivative works. Most countries' legal systems seek to protect both original and derivative works. They grant authors the right to impede or otherwise control their integrity and the author's commercial interests. Derivative works and their authors benefit in turn from the full protection of copyright without prejudicing the rights of the original work's author. Definition Berne The Berne Convention for the Protection of Literary and Art ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
