Open Source

...normally be kept confidential by the software house is disclosed to the public; open source software should not therefore be regarded as automatically subject to a public license or free. The best known example of open source software is Linux....

Puffery

Superlatives used in advertising, that it is presumed the public know to be unverifiable or of dubious accuracy, for example “the greatest,” the “world’s best.” Ordinary commercial puffery is usually not open to legal challenge, however where it crosses the...

Preferred Embodiment

Under many patent systems the inventor is not just required to disclose how to practice the invention, he or she is required to disclose what he or she believes is the best way to practice the invention, which is referred...

Earth Closet/Scott Paine Order

...to ensure that they act diligently in putting the best case before the Court as soon as reasonably possible…Parties are required not just to plead the best case they can, and to do it as rapidly and efficiently as possible,...

Gambler, the

A famous country and western song, “The Gambler” written by Don Schlitz – the best known recording is a 1978 version by Kenny Rogers, although it was also recorded by Johnny Cash and Bob Bare. Its legal relevance comes from...

Pyrrhic Cost Saving, Cost Cut

...workforce – its commercial rivals including, notably, Best Buy, responded by setting up recruiting desks outside some Circuit City stores to hire the redundant sales staff; when on May 2, 2007 Circuit City announced a major loss in sales attributed...

Non-Berne Rights

...fees. In particular the Copyright Act, at 17 U.S.C. § 412 states that, in order to have the right to seek statutory damages and attorneys’ fees in an action for infringement, the copyright for the creative work must be registered...

Click License

...and it is frequently prohibited without the permission of the IT or legal department. The reason is that the licenses are often not read by the person doing the download or installation and may indeed contain onerous terms and conditions...

Compliance Testing

...FCC electromagnetic interference standards, and more. It is usually not legal to sell products that do not comply with the mandatory standards applicable in a given jurisdiction. A good summary of the EU approach to standards is available from www.newapproach.org....

Statutory Damages

...a music downloader (UMG Recordings v. MP3.com), damages of $25,000 per CD uploaded onto the system were awarded with the number of uploaded CDs being between 4,700 and 10,000 placing the total damages at an amount between $118 million and...