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Author: Douglas E. Phillips Publisher: Oxford University Press ISBN: 0195341872 Category : Business & Economics Languages : en Pages : 227
Book Description
Millions of computer users regularly bind themselves to software license terms with the click of a mouse, usually without reading anything but the word "agree." Licenses for software as diverse as Microsoft Windows and Linux, and terms of use for websites such as Facebook, are all subject not only to intellectual property and commercial law, but also to the private law of the license, which comes in many forms, each with its advocates. Microsoft, for example, maintains that its proprietary model gives users the rights they need while creating the incentives that have made the United States the global software leader, while Richard Stallman - creator of the GNU General Public License and author of a number of free software programs - asserts that proprietary licensing enables software companies to "hoard" software they should be sharing. In The Software License Unveiled, Douglas Phillips looks at both of these extremes and questions how these proliferating but largely unread license terms affect access to software, one of the economy's most valuable resources. While highlighting the obvious divergences, he makes the more illuminating case that most current models - spanning the spectrum from proprietary to free - have one key feature in common: to an increasing extent, each license model extends, modifies, or displaces public law that would otherwise apply. Unlike books that advocate one form of licensing or another, this one reframes the debate to propose that going forward a key challenge for lawyers, scholars, policymakers, and the public is to consider whether "legislation by license" should be the means for controlling software access.
Author: Douglas E. Phillips Publisher: Oxford University Press ISBN: 0195341872 Category : Business & Economics Languages : en Pages : 227
Book Description
Millions of computer users regularly bind themselves to software license terms with the click of a mouse, usually without reading anything but the word "agree." Licenses for software as diverse as Microsoft Windows and Linux, and terms of use for websites such as Facebook, are all subject not only to intellectual property and commercial law, but also to the private law of the license, which comes in many forms, each with its advocates. Microsoft, for example, maintains that its proprietary model gives users the rights they need while creating the incentives that have made the United States the global software leader, while Richard Stallman - creator of the GNU General Public License and author of a number of free software programs - asserts that proprietary licensing enables software companies to "hoard" software they should be sharing. In The Software License Unveiled, Douglas Phillips looks at both of these extremes and questions how these proliferating but largely unread license terms affect access to software, one of the economy's most valuable resources. While highlighting the obvious divergences, he makes the more illuminating case that most current models - spanning the spectrum from proprietary to free - have one key feature in common: to an increasing extent, each license model extends, modifies, or displaces public law that would otherwise apply. Unlike books that advocate one form of licensing or another, this one reframes the debate to propose that going forward a key challenge for lawyers, scholars, policymakers, and the public is to consider whether "legislation by license" should be the means for controlling software access.
Author: Douglas E. Phillips Publisher: Oxford University Press ISBN: 0199711976 Category : Law Languages : en Pages : 232
Book Description
Millions of computer users regularly bind themselves to software license terms with the click of a mouse, usually without reading anything but the word "agree." Licenses for software as diverse as Microsoft Windows and Linux, and terms of use for websites such as Facebook, are all subject not only to intellectual property and commercial law, but also to the private law of the license, which comes in many forms, each with its advocates. Microsoft, for example, maintains that its proprietary model gives users the rights they need while creating the incentives that have made the United States the global software leader, while Richard Stallman - creator of the GNU General Public License and author of a number of free software programs - asserts that proprietary licensing enables software companies to "hoard" software they should be sharing. In The Software License Unveiled, Douglas Phillips looks at both of these extremes and questions how these proliferating but largely unread license terms affect access to software, one of the economy's most valuable resources. While highlighting the obvious divergences, he makes the more illuminating case that most current models - spanning the spectrum from proprietary to free - have one key feature in common: to an increasing extent, each license model extends, modifies, or displaces public law that would otherwise apply. Unlike books that advocate one form of licensing or another, this one reframes the debate to propose that going forward a key challenge for lawyers, scholars, policymakers, and the public is to consider whether "legislation by license" should be the means for controlling software access.
Author: John A. Rothchild Publisher: Edward Elgar Publishing ISBN: 1783479922 Category : Business & Economics Languages : en Pages : 637
Book Description
The steady growth of internet commerce over the past twenty years has given rise to a host of new legal issues in a broad range of fields. This authoritative Research Handbook comprises chapters by leading scholars which will provide a solid foundation for newcomers to the subject and also offer exciting new insights that will further the understanding of e-commerce experts. Key topics covered include: contracting, payments, intellectual property, extraterritorial enforcement, alternative dispute resolution, social media, consumer protection, network neutrality, online gambling, domain name governance, and privacy.
Author: Nancy S. Kim Publisher: Oxford University Press ISBN: 0199336989 Category : Law Languages : en Pages : 239
Book Description
When you visit a website, check your email, or download music, you enter into a contract that you probably don't know exists. "Wrap contracts" - shrinkwrap, clickwrap and browsewrap agreements - are non-traditional contracts that look nothing like legal documents. Contrary to what courts have held, they are not "just like" other standard form contracts, and consumers do not perceive them the same way. Wrap contract terms are more aggressive and permit dubious business practices, such as the collection of personal information and the appropriation of user-created content. In digital form, wrap contracts are weightless and cheap to reproduce. Given their low cost and flexible form, businesses engage in "contracting mania" where they use wrap contracts excessively and in a wide variety of contexts. Courts impose a duty to read upon consumers but don't impose a duty upon businesses to make contracts easy to read. The result is that consumers are subjected to onerous legalese for nearly every online interaction. In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts were created, how they have developed, and what this means for society. She explains how businesses and existing law unfairly burden users and create a coercive contracting environment that forces users to "accept" in order to participate in modern life. Kim's central thesis is that how a contract is presented affects and reveals the intent of the parties. She proposes doctrinal solutions - such as the duty to draft reasonably, specific assent, and a reconceptualization of unconscionability - which fairly balance the burden of wrap contracts between businesses and consumers.
Author: Noam Shemtov Publisher: Oxford University Press ISBN: 0191026174 Category : Law Languages : en Pages : 289
Book Description
Although the law on infringement is relatively straightforward in relation to the copying of literal and textual elements of software, it is the copying of non-literal and functional elements that poses complex and topical questions in the context of intellectual property (IP) protection. In many cases, it is these non-literal and functional elements that contain the real value of a software product. This book concerns the copying of non-literal and functional elements of software in both the United States and European Union, using a holistic approach to address the most topical questions facing experts concerned with legal protection of software products across a range of technological platforms. The book focuses on six distinct but interrelated areas: contract, copyright, patents, trade-dress, designs and trade secrets, discussing these areas separately and in relation to one another. The book discusses software as a multilayered functional product, setting the scene for other legal discussions by highlighting software's unique characteristics. It examines models for the provision of software, addressing licensing patterns and overall enforceability, as well as the statutory and judicial tools for regulating the use of such licences. It assesses the protection of non-literal and functional software elements under EU and US laws, focusing on internal architecture, interfaces, behavioural elements and GUIs.
Author: Bill Seiter Publisher: Yale University Press ISBN: 0300183542 Category : Law Languages : en Pages : 340
Book Description
In today's complex media environment, aspiring filmmakers and new media artists are as vulnerable as swimmers in shark-infested waters. This user-friendly guide supplies creative artists with the essential legal concepts needed to swim safely with lawyers, agents, executives, and other experts in intellectual property and business law How do I copyright my screenplay? How can I clear rights for my film project? What can I do to avoid legal trouble when I produce my mockumentary? How do I ascertain whether a vintage novel is in the public domain? Is the trademark I've invented for my production company available? What about copyright and trademark rights overseas? If I upload my film to YouTube, do I give up any rights? Bill Seiter and Ellen Seiter answer these questions and countless others while also demystifying the fundamental principles of intellectual property. Clear and thorough, this plain-spoken and practical guide is essential for anyone seeking to navigate the rapidly changing media environment of today.
Author: Richard Harrison Publisher: Rowman & Littlefield ISBN: 1442272856 Category : Political Science Languages : en Pages : 413
Book Description
Growing dependence on cyberspace for commerce, communication, governance, and military operations has left society vulnerable to a multitude of security threats. Mitigating the inherent risks associated with the use of cyberspace poses a series of thorny public policy problems. In this volume, academics, practitioners from both private sector and government, along with former service members come together to highlight sixteen of the most pressing contemporary challenges in cybersecurity, and to offer recommendations for the future. As internet connectivity continues to spread, this book will offer readers greater awareness of the threats of tomorrow—and serve to inform public debate into the next information age. Contributions by Adrienne Allen, Aaron Brantly, Lauren Boas Hayes, Jane Chong, Joshua Corman, Honorable Richard J. Danzig, Kat Dransfield, Ryan Ellis, Mailyn Fidler, Allan Friedman, Taylor Grossman, Richard M. Harrison, Trey Herr, Drew Herrick, Jonah F. Hill, Robert M. Lee, Herbert S. Lin, Anastasia Mark, Robert Morgus, Paul Ohm, Eric Ormes, Jason Rivera, Sasha Romanosky, Paul Rosenzweig, Matthew Russell, Nathaniel Tisa, Abraham Wagner, Rand Waltzman, David Weinstein, Heather West, and Beau Woods.
Author: Jaakko Paasi Publisher: World Scientific ISBN: 1848168926 Category : Business & Economics Languages : en Pages : 236
Book Description
Bazaar of Opportunities for New Business Development goes beyond the paradigm of open innovation and underlines the variety of opportunities that firms may have in innovation and new business development with external actors. This book shows readers that firms can interact, innovate, and do business with different known and unknown actors, both formally and informally, and use different levels of openness within interorganizational innovation processes. External actors, however, also mean additional risks for the firm that they should manage. The subtitle of book, Bridging Networked Innovation, Intellectual Property and Business, addresses the guidance and perspectives that the book will provide in order to better prepare the reader for innovation with external actors.Bazaar of Opportunities has a multidisciplinary approach to the subject, bringing innovation, business, legal and network management perspectives together. The findings are based on state-of-the-art practices of innovative firms in Europe, empirical data collected through interviews and case studies. Through this multidisciplinary approach and the empirical findings, the reader may gain insight on how to be successful in open and networked innovation.
Author: Peter A. Carter Publisher: Apress ISBN: 1484223977 Category : Computers Languages : en Pages : 218
Book Description
Get a fast start to using AlwaysOn, the SQL Server solution to high-availability and disaster recovery. This second edition is newly-updated to cover the 2016 editions of both SQL Server and Windows Server. Also in this edition is all-new content on troubleshooting and metadata. The book provides a solid and accurate understanding of how to implement systems requiring consistent and continuous uptime, as well as how to troubleshoot those systems in order to keep them running an reliable. Begin with an introduction to high-availability and disaster recovery concepts such as Recovery Point Objectives (RPOs), Recovery Time Objectives (RTO), availability levels, and the cost of downtime. Then move into detailed coverage of implementing and configuring the AlwaysOn feature set in order to meet the business objectives set by your organization. SQL Server AlwaysOn Revealed offers real-world advice on how to build and configure the most appropriate topology to meet the high-availability and disaster recovery requirements you are faced with. Content includes strong coverage on implementing clusters, on building AlwaysOn failover clustered instances, and on configuring AlwaysOn Availability Groups. This is a practical and hand-on book to get you started quickly in using one of the most talked-about SQL Server feature sets. Teaches you to build HA and DR solutions using the AlwaysOn feature set Provides real-world advice on configuration and performance considerations Demonstrates administrative techniques for the AlwaysOn feature set What You Will Learn Understand high availability and disaster recovery in SQL Server 2016 Build and configure a Windows Cluster Create and configure an AlwaysOn failover clustered instance Implement AlwaysOn Availability Groups and appropriately configure them Administer AlwaysOn technologies post implementation Troubleshoot and resolve problems with misbehaving systems Who This Book Is For Database administrators interested in growing their knowledge and skills in Microsoft SQL Server’s high-availability and disaster recovery feature set.
Author: Douglas E. Phillips
Author: Douglas E. Phillips
Author: Douglas E. Phillips
Author: John A. Rothchild
Author: Nancy S. Kim
Author: Noam Shemtov
Author: Bill Seiter
Author: Richard Harrison
Author: Jaakko Paasi
Author: Peter A. Carter
Author: Karl Michael Popp