|
Lexmark Int'l V. Static Control Components
''Lexmark International, Inc. v. Static Control Components, Inc.'', is an American legal case involving the computer printer company Lexmark, which had designed an authentication system using a microcontroller so that only authorized toner (printing), toner cartridges could be used. The resulting litigation (described by Justice Scalia in 2014 as "sprawling", and by others as having the potential to go on as long as ''Jarndyce and Jarndyce, Jarndyce v. Jarndyce'') has resulted in significant decisions affecting United States intellectual property and trademark law. In separate rulings in 2004 and 2012, the United States Court of Appeals for the Sixth Circuit ruled that: * circumvention of Lexmark's ink cartridge authentication does not violate the Digital Millennium Copyright Act (DMCA), and * Static Control Components had standing basis under the Lanham Act to sue Lexmark for false advertising in relation to its promotion of the program, which was unanimously affirmed in 2014 by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. Derived from the English common law, ''certiorari'' is prevalent in countries using, 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 centuries, the writ of ''certiorari'' has gained broader use in many countries, to review the decisions of administrative bodies as well as lower courts. Etymology The term ''certiorari'' (US English: ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shrinkwrap License
Shrinkwrap contracts or shrinkwrap licenses are boilerplate contracts packaged with products; use 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). The term "shrink wrap" describes the shrink wrap plastic wrapping which coats software boxes or the terms and conditions which comes with products on delivery. Shrink wrap assertions are unsigned permit understandings which state that acknowledgement on the client of the terms of the assertion is demonstrated by opening the shrink wrap bundling or other bundling of the product, by utilisation of the product, or by some other determined instrument. United States The legal status of shrink wrap contracts in the US is somewhat unclear. In the 1980s, software license enforcement acts were enacted b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Use
Fair use is a Legal doctrine, doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. The U.S. "fair use doctrine" is generally broader than the "fair dealing" rights known in most countries that inherited English Common Law. The fair use right is a general exception that applies to all different kinds of uses with all types of works. In the U.S., fair use right/exception is based on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. The doctrine of "fair use" originated in common law during the 18 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
University Of North Carolina School Of Law
The University of North Carolina School of Law (branded as Carolina Law) is the law school of the University of North Carolina at Chapel Hill. Established in 1845, it is one of the oldest law schools in the United States and is the oldest law school in the state of North Carolina. History 19th century On December 12, 1842, following discussion in the North Carolina legal community, the trustees of the University of North Carolina authorized the university's president David L. Swain to review and establish a law professorship. In 1845, William Horn Battle was named the first professor of law, and legal instruction began at the university. In the years following, assistant professors and later an organized faculty and law library were added. 20th century In 1915, Margaret Berry became the first woman to graduate from the law school. In the 1920s, the school began taking on much of the character of a modern law school, after the American Bar Association first published guidelines ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
North Carolina Journal Of Law & Technology
''North Carolina Journal of Law & Technology'' (JOLT) is a semi-annual student publication of the University of North Carolina School of Law. It was founded in 1999, and focuses on the intersection between law and technology. JOLT takes a broad view of the term "technology." As such, topics in many seemingly divergent areas of the law can qualify for publication in JOLT, provided there is some relationship to a field of technology. Recently, articles have dealt with ethics, privacy, bankruptcy, First Amendment, tax law, and criminal law, as well as more traditional "technology" areas such as copyright and patent law 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 .... In addition to the print issues, JOLT staff writers also publish an online edition as well as a weekly blog. Ref ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harvard Law School
Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United States. Each class in the three-year Juris Doctor, JD program has approximately 560 students, which is among the largest of the top 150 ranked law schools in the United States. The first-year class is broken into seven sections of approximately 80 students, who take most first-year classes together. Aside from the JD program, Harvard also awards both Master of Laws, LLM and Doctor of Juridical Science, SJD degrees. HLS is home to the world's largest academic law library. The school has an estimated 115 full-time faculty members. According to Harvard Law's 2020 American Bar Association, ABA-required disclosures, 99% of 2019 graduates passed the bar exam.Rubino, Kathryn"Bar Passage Rates For First-time Test Takers Soars!" February 19, 2020. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harvard Journal Of Law & Technology
The ''Harvard Journal of Law & Technology'' is a biannual open access law journal, established at Harvard Law School in 1988. It covers all aspects of technology law, including constitutional issues, intellectual property, biotechnology, privacy law, computer law, cybercrime, antitrust, space law, telecommunications, the Internet, and e-commerce. According to the Washington and Lee Law Journal Ranking, it is the most cited technology law journal and the highest ranked specialized law journal in the United States (out of 1227 journals). Its online component, the ''JOLT Digest'', issues short synopses of recent developments in all areas of law and technology. During the academic year, the journal hosts lectures and panel discussions dedicated to promoting knowledge of technology and the law. Symposia The journal frequently organizes symposia, where a group of academics discusses a particular topic in the area of law and technology which subsequently is published. Notable Alum ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preliminary Injunction
An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict". "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers."'' Nken v. Holder''556 U.S. 418, 428 (2009) (citation and internal quotation marks omitted). A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court. Rationale The injunction is an equitable remedy that was created by the English courts of equity. Like other equitable remedies, it has traditionally been given when a wrong cannot be effectively remedied by an award of money damages. (The doctrine that reflects this is the requ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Karl S
Karl may refer to: People * Karl (given name), including a list of people and characters with the name * Karl der Große, commonly known in English as Charlemagne * Karl of Austria, last Austrian Emperor * Karl (footballer) (born 1993), Karl Cachoeira Della Vedova Júnior, Brazilian footballer * Karl (surname) In myth * Karl (mythology), in Norse mythology, a son of Rig and considered the progenitor of peasants (churl) * ''Karl'', giant in Icelandic myth, associated with Drangey island Vehicles * Opel Karl, a car * ST ''Karl'', Swedish tugboat requisitioned during the Second World War as ST ''Empire Henchman'' Other uses * Karl, Germany, municipality in Rhineland-Palatinate, Germany * '' Karl-Gerät'', AKA Mörser Karl, 600mm German mortar used in the Second World War * KARL project, an open source knowledge management system * Korean Amateur Radio League, a national non-profit organization for amateur radio enthusiasts in South Korea * KARL, a radio station in Minnesota ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The Eastern District Of Kentucky
The United States District Court for the Eastern District of Kentucky (in case citations, E.D. Ky.) is the Federal district court whose jurisdiction comprises approximately the Eastern half of the Commonwealth of Kentucky. The United States Court of Appeals for the Sixth Circuit in Cincinnati, Ohio maintains appellate jurisdiction for the district (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). Jurisdiction The Eastern District of Kentucky encompasses the following counties: Anderson, Bath, Bell, Boone, Bourbon, Boyd, Boyle, Bracken, Breathitt, Campbell, Carroll, Carter, Clark, Clay, Elliott, Estill, Fayette, Fleming, Floyd, Franklin, Gallatin, Garrard, Grant, Greenup, Harlan, Harrison, Henry, Jackson, Jessamine, Johnson, Kenton, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, McCreary, Madison, Magoffin, Martin, Mason, Menifee, Mercer, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
By Designation
A visiting judge is a judge appointed to hear a case as a member of a court to which he or she does not ordinarily belong. In United States federal courts, this is referred to as an assignment "by designation" of the Chief Justice of the United States (for inter- circuit assignments) or the Circuit Chief Judge (for intra-circuit assignments), and is authorized by (for active district judges) or (for retired justices and judges). In many United States Courts of Appeals it is not uncommon for a district judge to sit on a panel as a visiting judge; less frequently it is a judge from another circuit (in active service or, more commonly, in senior status). Retired Supreme Court justices have done the same, including Justices Sandra Day O'Connor, David Souter, and Stephen Breyer, and very unusually, sitting justices (in 1984, for example, Justice William Rehnquist served as a visiting judge for a jury trial in the United States District Court for the Eastern District of Virginia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Feikens
John Feikens (December 3, 1917 – May 15, 2011) was a United States district judge of the United States District Court for the Eastern District of Michigan. Education and career Born December 3, 1917, in Clifton, New Jersey, Feikens received a Bachelor of Arts degree in 1939 from Calvin College and a Juris Doctor in 1941 from the University of Michigan Law School. He worked for the priorities and war allocations department of the Detrex Corporation in Detroit, Michigan from 1942 to 1946. He was in private practice in Detroit from 1946 to 1960 and from 1961 to 1970. Federal judicial service Feikens received a recess appointment from President Dwight D. Eisenhower on October 13, 1960, to a seat on the United States District Court for the Eastern District of Michigan vacated by Judge Clifford Patrick O`Sullivan. He was nominated to the same position by President Eisenhower on January 10, 1961. His service was terminated on September 27, 1961, after his nomination was not confi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
