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This article aims to provide courts and policymakers with an analytical framework that, building upon the traditional rationales of IP exhaustion doctrine, identifies factors which advocate for a modulation or flexibilization of the role of exhaustion in copyright law. Factors include (i) the...
Persistent link: https://www.econbiz.de/10014147677
Software engineers overwhelmingly dislike software patents and consider nearly all of them obvious. Are they correct … software more frequently. The author, a software engineer, argues that "obvious to try," a principle well understood in the … context of pharmaceutical patents, is ripe for appropriation in the software patent context. Several cases are explored to …
Persistent link: https://www.econbiz.de/10014148354
In this paper the various aspects and issues related to software piracy and their impact on the society as well as on … case related to software piracy in India and in US. Software piracy is a global issue and it is also a victimless crime …
Persistent link: https://www.econbiz.de/10014148474
While software interoperability can be achieved under European competition law, there may be a need for more structural …
Persistent link: https://www.econbiz.de/10014150180
software and other files without their permission and access copyrighted works beyond or in violation of access limitations … models. What happens in the cloud, stays in the cloud. In the cloud, software is no longer commercialized by way of … distribution of copies to users. Instead, users remotely access and use software copies that remain on the cloud provider’s servers …
Persistent link: https://www.econbiz.de/10014150253
Software presents important aspects of heterogeneity compared to other intellectual works governed by Intellectual … Property Rights (IPRs). This paper focuses on the analysis of the two main forms of software protection (copyright and patent …
Persistent link: https://www.econbiz.de/10014150860
conferring upon the owners of software the powers that went with the ownership of real property in feudal regimes. This Article …
Persistent link: https://www.econbiz.de/10014150991
An enduring issue that intrigues researchers and practitioners in open-source software (OSS) development is what …
Persistent link: https://www.econbiz.de/10014151891
Many medical devices contain proprietary or off-the-shelf software, which the device relies on for its operation. Like … most software, this software often contains errors and vulnerabilities that may lead to malfunction or failures either as a … result of the error itself or due to malware infection, or cybersecurity threats. Software errors and vulnerabilities are …
Persistent link: https://www.econbiz.de/10014152010
Software firms often remove some functions of his product and sell the damaged version at a lower or zero price. This …
Persistent link: https://www.econbiz.de/10014033909