Creative Commons

A not for profit organization which offers a standard suite of licences for the distribution of creative materials and knowledge on free licences. The Creative Commons licences promotes sharing and development of copyright materials by allowing re-use and enhancement. This...

Orthogonal

In communications, two signals are orthogonal if one can be decoded without interference from the other. There’s no such thing as a free lunch, so often complicated rules have to be used to make sure the two signals remain orthogonal....

Law and Economics

...its concept of the application of law as an economic act. Law and economics is particularly relevant to intellectual property, competition law, and international trade. A “free-markets” subset of the law and economics movement is known as the “Chicago School”...

Fair Use

...have no clear recognition of the concept of fair use, e.g., Germany, France, the Netherlands, Spain, Sweden, and Switzerland, and in those countries where it exists, the scope of the defense is highly variable. See also, Fair Dealing, Incidental Copying....

Warranty

A guarantee of certain facts, e.g., the quality of a product, its fitness for a certain purpose, its legal status (e.g., non-infringing), etc. When included in a contract, breach of warranty allows the warrantee to sue the warrantor for damages....

Standing

The term refers to who, as a matter of law, has the right to bring a legal claim, a lawsuit, an arbitration. So as to prevent a legal ‘free-for-all,’ most legal systems limit the number of persons who can bring...

Unfair Trading/Competition

...include product comparisons in advertising as unfair competition. In some countries, particularly Japan, it may include “premiums,” e.g., “buy one get one freeand “two for the price of one” deals in retail stores. Also known as fair trade law....

Shop Right

...second, that the nature of shop right can vary depending on the form of IP; third, that it varies with each jurisdiction that the right arises in; and fourth, that ‘choice-of-law’ or ‘conflct-of-law‘ rules vary, so that sometimes the law...

Hustler v. Fallwell

Hustler Magazine, Inc. v. Moral Majority, Inc., 606 F.Supp. 1526 (C.D. Cal., 1985), on appeal, 796 F.2d 1148 (9th Cir. 1986), an important Fair Use precedent. Hustler Magazine, whose publisher was a well known free speech activist and pornograper published...

FCA

...using the FCA incoterm, the point at which the seller is delivering the goods to the buyer must be named and/or described: e.g., “FCA [warehouse, cargo forwarder, container freight station, etc.]” Since the publication of the 2020 Incoterms FCA has...