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Closed-source
Proprietary software is non-free computer software for which the software's publisher or another person retains intellectual property rights—usually copyright of the source code,[1] but sometimes patent rights.[2]Contents1 Software becoming proprietary 2 Legal basis2.1 Limitations3 Exclusive rights3.1 Use of the software 3.2 Inspection and modification of source code 3.3 Redistribution4 Interoperability with software and hardware4.1 Proprietary file formats and protocols 4.2 Proprietary APIs 4.3 Vendor lock-in 4.4 Software limited to certain hardware configurations5 Abandonment by owners 6 Formerly open-source software 7 Pricing and economics 8 Examples 9 See also 10 ReferencesSoftware becoming proprietary[edit] Until the late 1960
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Commercial Software
Commercial software, or seldom payware, is computer software that is produced for sale[1] or that serves commercial purposes. Commercial software can be proprietary software or free and open source software.[2][3][4]Contents1 Background and challenge 2 Commercialization models for software2.1 Proprietary software commercialization 2.2 Free and open-source software
Free and open-source software
commercialization3 Reception and impact 4 See also 5 ReferencesBackground and challenge[edit] While software creation by programming is a time and labor-intensive process, comparable to the creation of physical goods, the reproduction, duplication and sharing of software as digital goods is in comparison disproportionally easy. No special machines or expensive additional resources are required, unlike almost all physical goods and products. Once a software is created it can be copied in infinite numbers, for almost zero cost, by anyone
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Dongle
A dongle is a small piece of hardware that connects to another device to provide it with additional functionality.[1] In computing, the term is primarily associated with hardware providing a copy protection mechanism for proprietary software, in which the dongle must be attached to the system on which the software is installed in order for it to function. The first dongles were attached to the PC parallel port of the IBM PC via the DB-25
DB-25
Centronics plug to prevent unauthorised use of proprietary software, while still allowing normal operation of the printer. The term "dong
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Patentable Subject Matter
Patentable, statutory or patent-eligible subject matter is subject matter which is susceptible of patent protection. The laws or patent practices of many countries provide that certain subject-matter is excluded from patentability, even if the invention is novel and non-obvious. Together with novelty, inventive step or nonobviousness, utility, and industrial applicability, the question of whether a particular subject matter is patentable is one of the substantive requirements for patentability.Contents1 Legislations1.1 Canada 1.2 European Patent
Patent
Convention1.2.1 Practice at the European Patent
Patent
Office 1.2.2 Practice in the United Kingdom1.3 United States1.3.1 The algorithm exception and the patent-eligibility trilogy1.3.1.1 Gottschalk v. Benson 1.3.1.2 Parker v. Flook 1.3.1.3 Diamond v. Diehr 1.3.1.4 Bilski v. Kappos 1.3.1.5 Mayo Collaborative Services v
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Free Software License
A free software license is a notice that grants the recipient of a piece of software extensive rights to modify and redistribute that software. These actions are usually prohibited by copyright law, but the rights-holder (usually the author) of a piece of software can remove these restrictions by accompanying the software with a software license which grants the recipient these rights. Software
Software
using such a license is free software (or free and open source software) as conferred by the copyright holder
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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.[1][2] 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
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First-sale Doctrine
The first-sale doctrine is a legal concept playing an important role in U.S. copyright and trademark law by limiting certain rights of a copyright or trademark owner
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Exclusive Right
In Anglo-Saxon law, an exclusive right, or exclusivity, is a de facto, non-tangible prerogative existing in law (that is, the power or, in a wider sense, right) to perform an action or acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit. A "prerogative" is in effect an exclusive right. The term is restricted for use for official state or sovereign (i.e., constitutional) powers. Exclusive rights are a form of monopoly. Exclusive rights can be established by law or by contractual obligation, but the scope of enforceability will depend upon the extent to which others are bound by the instrument establishing the exclusive right; thus in the case of contractual rights, only persons that are parties to a contract will be affected by the exclusivity. Exclusive rights may be granted in property law, copyright law, patent law, in relation to public utilities, or, in some jurisdictions, in other sui generis legislation
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Copy Protection
Copy protection, also known as content protection, copy prevention and copy restriction, is any effort designed to prevent the reproduction of software, films, music, and other media, usually for copyright reasons.[1] Various methods have been devised to prevent reproduction so that companies will gain benefit from each person who obtains an authorized copy of their product. Unauthorized copying and distribution accounted for $2.4 billion in lost revenue in the United States alone in the 1990s,[2] and is assumed to be causing impact on revenues in the music and the game industry, leading to proposal of stricter copyright laws such as PIPA. Some methods of copy protection have also led to criticisms because it caused inconvenience for honest consumers, or it secretly installed additional or unwanted software to detect copying activities on the consumer's computer
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Damaged Good
Crippleware has been defined in realms of both software and hardware. In software, crippleware means that "vital features of the program such as printing or the ability to save files are disabled until the user purchases a registration key". While crippleware allows consumers to see the software before they buy, they are unable to test its complete functionality because of the disabled functions. Hardware crippleware is "a hardware device that has not been designed to its full capability". The functionality of the hardware device is limited to encourage consumers to pay for a more expensive upgraded version. Usually the hardware device considered to be crippleware can be upgraded to better or its full potential by way of a trivial change, such as removing a jumper wire
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Price Discrimination
Price
Price
discrimination is a microeconomic pricing strategy where identical or largely similar goods or services are transacted at different prices by the same provider in different markets.[1][2][3] Price
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Product Activation
Product activation is a license validation procedure required by some proprietary computer software programs. Product activation prevents unlimited free use of copied or replicated software. Unactivated software refuses to fully function until it determines whether it is authorized to fully function. Activation allows the software to stop blocking its use. An activation can last "forever", or it can have a time limit, requiring a renewal or re-activation for continued use. In one form, product activation refers to a method invented by Ric Richardson and patented (U.S. Patent 5,490,216) by Uniloc where a software application hashes hardware serial numbers and an ID number specific to the product's license (a product key) to generate a unique installation ID
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Product Key
A product key, also known as a software key, is a specific software-based key for a computer program. It certifies that the copy of the program is original. Activation is sometimes done offline by entering the key, or with software like Windows 8.1, online activation is required to prevent multiple people using the same key. Not all software has a product key, as some publishers may choose to use a different method to protect their copyright, or in some cases, such as free or open source software, copyright protection is not used. Computer games use product keys to verify that the game has not been copied without authorization. Likewise, one is not allowed to play online with two identical product keys at the same time. Product keys consist of a series of numbers and/or letters. This sequence is typically entered by the user during the installation of computer software, and is then passed to a verification function in the program
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Windows Vista Starter
Windows Vista—a major release of the Microsoft
Microsoft
Windows operating system—was available in six different product editions: Starter; Home Basic; Home Premium; Business; Enterprise; and Ultimate.[1][2] On September 5, 2006, Microsoft
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Shrink Wrap License
Shrink wrap contracts 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).Contents1 United States 2 See also 3 References 4 Further readingUnited States[edit] The legal status of shrink wrap contracts in the US is somewhat unclear. In the 1980s, software license enforcement acts were enacted by Louisiana and Illinois in an attempt to address this issue, but parts of the Louisiana act were invalidated in Vault Corp. v. Quaid Software Ltd., and the Illinois act was quickly repealed.[1] Case history also fails to clear up the confusion. One line of cases follows ProCD v. Zeidenberg
ProCD v. Zeidenberg
which held such contracts enforceable (see, e.g., Bowers v
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Office Enterprise
Microsoft
Microsoft
Office 2007 (codenamed Office 12[6]) is a version of Microsoft
Microsoft
Office, a family of office suites and productivity software for Windows, developed and published by Microsoft. It was released to manufacturing on November 3, 2006;[7] it was subsequently made available to volume license customers on November 30, 2006,[8][9] and later to retail on January 30, 2007,[1] the same respective release dates of Windows
Windows
Vista. It was preceded by Office 2003 and succeeded by Office 2010. Office 2007 introduced a new graphical user interface called the Fluent User Interface, which uses ribbons and an Office menu instead of menu bars and toolbars.[10] Office 2007 also introduced Office Open XML
XML
file formats as the default file formats in Excel, PowerPoint, and Word
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