I THINK AS WARREN BUFFETT TALKS ABOUT, THE MOTE THAT'S PROTECTABLE.
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That's not protectable, the idea of two people falling in love.
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Angel investor Nat Burgess wondered if the vest's cooling technology is protectable.
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The university said it would take place at an "appropriate, protectable venue" on May 2.
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But their rituals, their families and their food — these are governable and protectable across time.
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Regarding latter point, the law is clear that dance choreography is protectable under the Copyright Act.
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In a statement, 2 Milly's lawyers claim that the dance in question is choreography and therefore protectable.
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The US Copyright statute expressly designates choreography as a form of expression that is protectable, but not individual movements.
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She also said that even if the riff were protectable, a reasonable jury could not find that U2 copied it.
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"It's a discrimination of senses that something you can taste with your mouth is not protectable by copyright," he said.
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In the docs, obtained by TMZ, Yeezy says there's nothing original or protectable about the Jordan Outdoor gear in question.
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"This decision created a sharper, clearer line in terms of what is protectable and what is not in music," Hochberg said.
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Arizona argues that Judge Gwin erroneously held it doesn't have a protectable interest in protecting Arizona consumers from a bad settlement.
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But I think a lot of the technology that we created specifically for Mosaic is copyrightable, protectable and, I think, good.
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Bottom line: In my view, a self-aware, autonomous AI would be the prerequisite for its works to be protectable by copyright.
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In the disclosure stage, employees who are in IP creation roles must be trained to disclose ideas that are potentially protectable IP.
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Tattoos are protectable intellectual property, but nearly all tattoo artists operate outside that legal realm, following, instead, a set of industry norms.
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An emote is comparable to a note from a song—it is only protectable if used in connection with other elements to create a larger compilation.
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A July 10 filing reads: Waymo will show that Defendants acquired Waymo's protectable trade secrets through improper means, used those trade secrets, or disclosed those trade secrets.
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Relying on trade secret protection is also problematic for the owner of the data, largely because of the requirement that to be protectable, the trade secrets must be kept confidential.
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It starts off by asking if output made by AI without any creative involvement from a human should qualify as a work of authorship that's protectable by US copyright law.
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"I think what's protectable is conscious steps made by a person to be involved in authorship," Zvi S. Rosen, lecturer at the George Washington University School of Law, tells The Verge.
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MGA, wrote in his opinion that most of what makes a fashion doll desirable is not protectable intellectual property, because there are only so many ways to make a female body attractive.
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If we're talking about books, there are certain themes or concepts that are not protectable; for instance, there can be more than one book out there that is about a love story.
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"Ann Coulter is welcome on this campus but at a time when we can provide a venue that law enforcement professionals believe to be protectable," Dan Mogulof, a spokesman for the university, said.
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To be protectable, and thus actionable in the event of a breach, the trade secrets must be kept confidential, which can translate into cumbersome security measures and "need to know" protocols and limitations.
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" At trial, no one mentioned a provision in Missouri's 1988 abortion law, which says that human life begins at conception and that "unborn children have protectable interests in life, health and well-being.
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Corporate ownership of ideas, the dramatic extension of the terms of copyright, and a wild expansion of what counts as protectable intellectual property have together undermined the original purpose of intellectual-property law.
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"Ann Coulter is welcome on this campus but at a time when we can provide a venue that law enforcement professionals believe to be protectable," a spokesman for the university, Dan Mogulof, said.
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"The court is able to identify few, if any, protectable elements that would give rise to a claim for copyright infringement," despite there being "a few random similarities scattered throughout the work," Pregerson wrote.
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Cal Fire goes around and visits every place in their units, and they give feedback as far as what the homeowner needs to do to get good clearance, and whether their homes are more protectable.
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Despite the song's eminent grossness and Thicke's extreme punchability, the decision is still a very bad one for the music industry as it flies in the face of what is considered protectable expression in case law.
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But the judge said the riff was not a "sufficiently substantial" portion of "Nae Slappin," a 3-1/2-minute composition that "demonstrates the plaintiff's impressive guitar skills," to be a protectable "fragment" of the work.
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On or before 2/27/2020, the parties are directed to CONFER and FILE a notice of filing attaching a proposed redacted version of this opinion, with any competition-sensitive or otherwise protectable information blacked out.
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Sadly, though, the legality of the Arpaio pardon is unlikely to ever be tested, as no one will have legal "standing" (having a protectable legal stake in the outcome of a case) to file a legitimate appeal.
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In other words, under our copyright rules as they currently exist, to qualify as protectable by copyright, a work — an original creation — needs to meet the definition spelled out in Section 102(a) of the Copyright Act (U.
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It contends that under CAFA, the federal rule for class action procedure and its parens patria power, it has a protectable interest – and that it cemented its right to appeal by participating in the proceedings before Judge Gwin.
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Administrators at Berkeley, who say Ms. Coulter is welcome on campus when the university has an indoor, "protectable" venue available, offered a day next week when students are no longer in class, a proposal that Ms. Coulter rejected.
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In 2016 an administrative law judge for the US International Trade Commission dismissed claims by Jawbone that rival Fitbit had misappropriated 154 of its trade secrets, in part because she found that some of the trade secrets asserted by Jawbone weren't legally protectable.
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In February, anarchist protesters had violently broken up a planned speech on campus by the right-wing journalist Milo Yiannopoulos, and the university's administration and the club haggled over a date and a "protectable" venue for Ms. Coulter; she ended up not coming.
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What's more, although Blau's snow globe cupcake might not be the first of its kind—a search of Pinterest reveals plenty of cupcakes that evoke snow globes—she's claiming that the distinctive, expressive elements of her video are, in fact, protectable under copyright law.
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Axanar's initial defense relied heavily on the idea that Star Trek was already borrowing from "non-protectable" copyright elements, arguing that Paramount can't copyright the name "Vulcan" (a Roman god), nor the race's pointy ears (elves have traditionally had pointy ears), nor the geometric shapes of the Starlet command insignia.
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"The legislature hereby finds and declares the following: The life of each human being begins at fertilization; unborn children have interests in life, health and well-being that should be protected; and the parents of unborn children have protectable interests in the life, health and well-being of the unborn children of such parents," the statute reads.
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" Considering these tests in Star Athletica, the Supreme Court held: "design of a useful article is eligible for copyright protection only if the feature (1) can be perceived as a two- or three-dimensional work of art separate from the useful article and (2) would qualify as a protectable pictorial, graphic, or sculptural work — either on its own or fixed in some other tangible medium of expression — if it were imagined separately from the useful article into which it is incorporated.
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The court first held that copyright law did not preempt contract law. Under the 1991 Supreme Court case Feist Publications v. Rural Telephone Service, the court held that a telephone directory was not protectable through copyright. In this case, the court assumes that a database of a telephone directory was equally not protectable.
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Crispin, 717 F. Supp. at 982. Wall postings and comments are not considered protectable as forms of temporary, intermediate storage.
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For example, the color red in a line of clothing may not be functional (and thus part of protectable trade dress) whereas the same color on a stop sign would be functional because the color red serves the function of putting drivers on alert (and thus would not be part of a protectable trade dress).
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This aspect of the verdict has received criticism as well, citing that though the functional principles are not protectable under copyright law, the TMSS code is protectable, and that by allowing reverse engineering as fair use despite this security, the Ninth Circuit Court of Appeals has encouraged the copying of legally protected programs for the exploration of unprotected functionality.
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It is well established that judicial opinions are not protectable by copyright.Wheaton v. Peters, 33 U.S. (8 Pet.) 591 (1834). Accord, Banks v.
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On this second endeavour, Maestri stopped short of the summit's "ice mushroom", which almost always covers the highest point. The Compressor Route was immediately controversial. Hand bolting of short, un-protectable sections of rock has long been an accepted practice in mountaineering. However, the use of a compressor, the excessive number of bolts, and their placement near naturally protectable features was considered, by virtually the entire mountaineering community, to be far from reasonable.
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Although typefaces are held to be unprotectable by copyright under United States copyright law, the court found that the control points used by the font software to generate the typeface were protectable.
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Of Congress, 30 March 2006. Web. 10 Feb. 2013. The Innovative Design Protection and Piracy Act, as expressed above, outlined what constitutes as a protectable fashion design, something that had been under heavy debate.
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However, if the work was unconstructed and embodied in unpublished plans or drawings before that date, it maybe still be protectable. Protection for architectural drawings as "pictorial, graphic, or sculptural" works under § 102(a)(5) is valid if created after 1976.
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On the other hand, if the original elements are not required, the work will be protectable without regard to physical or conceptual separability of the elements. As a result, "the aesthetically pleasing overall shape of an architectural work (can) be protected".
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Trap streets are not copyrightable under the federal law of the United States. In Nester's Map & Guide Corp. v. Hagstrom Map Co. (1992),796 F.Supp. 729, E.D.N.Y., 1992 a United States federal court found that copyright traps are not themselves protectable by copyright.
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Protection of an "architectural work" extends to "the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features".17 U.S.C. According to the Congressional Report from the 1990 bill, this span of coverage "recognizes that: (1) creativity in architecture frequently takes the form of a selection, coordination, or arrangement of unprotectible elements into an original, protectable whole; (2) an architect may incorporate new, protectable design elements into otherwise standard, unprotectible building features [and still maintain protection]; and (3) interior architecture may be protected."H.R. Rep. No. 735, at 6949 (1990) Despite this seemingly broad grant of coverage, copyright protection only extends to "original works of authorship".
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Every effort > shall be made to restrict the exposure of workers to ionising radiation to > the lowest protectable level. Article 12 imposes undergoing further medical > examinations at appropriate intervals, and Article 13 imposes the employer > shall take any necessary remedial action on the basis of the technical > findings and the medical advice.
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This problem is exacerbated by ISP's often choosing cheaper hardware with poor security track records for the very difficult and arguably impossible to secure task of Deep Packet Inspection. OpenBSD's packet filter specifically avoids DPI for the very reason that it cannot be done securely with confidence. This means that DPI dependent security services such as TalkTalk's former HomeSafe implementation are actually trading the security of a few (protectable and often already protectable in many more effective ways) at a cost of decreased security for all where users also have a far less possibility of mitigating the risk. The HomeSafe service in particular is opt in for blocking but it's DPI cannot be opted out of, even for business users.
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The SCPA does not protect functional aspects of chip designs, which is reserved to patent law. Although EPROM and other memory chips topographies are protectable under the SCPA, such protection does not extend to the information stored in chips, such as computer programs. Such information is protected, if at all, only by copyright law.
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The Court cites Data East USA, Inc. v. Epyx, Inc. to back this claim, noting that "the source of the similarity must be identified and a determination made as to whether this source is covered by plaintiff's copyright." Instead of using analytical dissection for substantial similarity, the district court used analytical dissection to identify which elements were protectable.
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On June 30, 1994, the Appellate Court reversed the 1993 decision on the grounds that Rivendell's trade secret could consist of a combination of elements in the public domain. They state that the "unified process, design and operation of which, in unique combination", can in fact afford, "a competitive advantage and is a protectable secret".Imperial Chemical Indus., Ltd. v.
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The second step is to remove from consideration aspects of the program which are not legally protectable by copyright. The analysis is done at each level of abstraction identified in the previous step. The court identifies three factors to consider during this step: elements dictated by efficiency, elements dictated by external factors, and elements taken from the public domain.Altai, para. 83.
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In August 2020 Brazil's National Institute for Space Research reported that satellite data shows that the number of fires in the Amazon increased by 28% to ~6,800 fires in July compared to the ~5,300 wildfires in July 2019. This indicated a, potentially worsened, repeat of 2019's accelerated destruction of one of the world's largest protectable buffers against global warming in 2020.
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Plaintiff's Manny Morris car character. The United States District Court, C.D. Cal. held that The Walt Disney Company showed that the protectable elements of the film such as plot, sequence of events, pace characters, theme, mood and setting were not substantially similar to Mandeville-Anthony's works as a matter of law.District Court Order Granting Motion and Dismissing Complaint with Prejudice, Jake Mandeville-Anthony v.
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Nat'l Distillers & Chemical Corp., 342 F.2d 737 (2d Cir. 1965). The secret combination of public domain elements had in fact given Rivendell a valuable competitive advantage. For these reasons, the Court of Appeals held that Rivendell had demonstrated that its software was protectable as a trade secret, but the court remanded to the district court the question of whether sufficient secrecy was maintained by Rivendell.
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Hot-news misappropriation as a cause of action originated from International News Service v. Associated Press wherein the Supreme Court held that hot news, defined as time-sensitive information, is protectable as "quasi-property." This misappropriation doctrine was developed further with the aim to "protect costly efforts to gather commercially valuable, time-sensitive information that would otherwise be unprotected by law."Barclay's, 700 F. Supp.
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The Bill of Rights does not have general application beyond the national territory. Section 7(1) does not deal with standing, but rather with the definition of the class of beneficiaries of the rights in the Bill of Rights. It therefore does not bar a foreign litigant who has a protectable interest in this country from seeking to protect that interest before a South African court.
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The appeals court noted that there was no dispute as to whether Castle Rock owned a valid copyright in Seinfeld nor was it disputed that Carol Publishing copied material from the shows. The question was only of misappropriation of protectable material. The appeals court employed both a "qualitative vs. quantitative" method and a "total concept and feel" approach in determining if Carol Publishing had misappropriated Seinfeld.
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The Nichols court held that appropriation was not improper when the alleged infringer copied only unprotectible elements of the original work. While it is appropriate to look at both protectible and unprotectible elements of a work to determine whether copying has occurred, only the protectible elements are relevant when it comes to determining improper appropriation. The Steinberg court made no attempt to separate the protectable and unprotectable elements of Steinberg's drawing.
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He called the duplication a type of "reverse engineering to obtain non- protectable information". It passed legal muster under Sony Computer Entertainment because it was immediately removed after having served its purpose to retrieve non-copyrightable facts and was the ablest, albeit not sole, method to do so. He also found that URLs were not copyrightable because they consisted of "functional and factual elements". In July 2001, Tickets.
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No. 735, at 6951 (1990) Rather, Congress suggested that a two-step analysis should be undertaken to determine the copyrightability of an architectural work. First, the architectural work must be examined to determine whether original design elements are present. Second, if the design elements are present, the original elements must be examined to determine whether they are functionally required. If the elements are required, the work is not protectable.
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Justice Binnie wrote the decision for a unanimous Court. He began by describing the process of interpreting a patent through "claim construction". Claim construction is the process where the inessential part of the patent are distinguished from its essential elements which are protectable by patent. In this case, the essential elements of the two patents held by Free World included controls that regulated the electro-magnetic waves "by circuit means".
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The court held that agreements in restraint of trade, voluntarily entered into pursuant to one's right to freedom to contract, are valid and enforceable unless the party seeking to escape this agreement can show that the agreement is unreasonable and therefore contrary to public policy. Whether or not the agreement is unreasonable should be evaluated taking into account all the circumstances of the case, including the relevant circumstances which exist at the time of the enforcement of the restraint of trade. It will not be in the interest of public policy, the court found, to enforce a restraint of trade if it aims to prevent one party from participating in the commercial world after termination of their contractual relationship in the absence of a protectable interest of the erstwhile employer. In casu, the court found that the applicant had failed to place evidence before the court to show that the information or business methods which it sought to protect were protectable.
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Rivendell Forest Products v. Georgia-Pacific Corp., 28 F.3d 1042 (10th Cir. 1994). The Tenth Circuit instead decided that Rivendell had demonstrated that its software was potentially protectable as a trade secret because "a trade secret can include a system where the elements are in the public domain, but there has been accomplished an effective, successful and valuable integration of the public domain elements and the trade secret gave the claimant a competitive advantage".
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The United States Court of Appeals for the Second Circuit upheld a lower court's summary judgment that the defendant had committed copyright infringement. The decision is noteworthy for classifying Seinfeld trivia not as unprotected facts, but as protectable expression. The court also rejected the defendant's fair use defense finding that any transformative purpose possessed in the derivative work was "slight to non-existent" under the Supreme Court ruling in Campbell v. Acuff-Rose Music, Inc.
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The journal is included in the list of publications reviewed by the Higher Attestation Commission, indexed in the Scopus and CrossRef databases. One of the most important tasks of a modern university is the identification of protectable results and their state registration. At the beginning of 2018, Pskov State University was the copyright holder of 55 patents. A significant number of scientific conferences are held annually on the basis of the university.
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Brookfield had to first establish that it had a valid protectable trademark in "MovieBuff". The court found that it did, rejecting West Coast's contention that their use of "The Movie Buff's Movie Store" since 1986 established their prior use. The court based its finding on the fact that West Coast's trademark was not "essentially the same" as "MovieBuff". The court also rejected West Coast's second argument, that it was the senior user of moviebuff.
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The Ninth Circuit established that analytical dissection could be used for substantial similarity of expression of user interfaces and carefully worded their opinion such that it applies to all subject matters. Furthermore, the Ninth Circuit established that analytical dissection could be used to separate protectable forms of expression from the unprotectable ones. The Ninth Circuit made a clear distinction between the analytical dissection used for the extrinsic tests and the analytical dissection used for copyright analysis.
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The court discussed Del Monte's failure to precisely define what about the pineapple was misappropriated. The court stated that one cannot necessarily protect a pineapple as a thing, but one can protect something about the pineapple whether it be genetic makeup, growing techniques, etc. Court ultimately held, however, that a pineapple's genetic information could be a protectable trade secret and that there was misappropriation.Elizabeth Rowe & Sharon Sandeen, Cases and Materials on Trade Secret Law (West 2012).
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The Abstraction-Filtration-Comparison test (AFC) is a method of identifying substantial similarity for the purposes of applying copyright law. In particular, the AFC test is used to determine whether non-literal elements of a computer program have been copied by comparing the protectable elements of two programs. The AFC test was developed by the United States Court of Appeals for the Second Circuit in 1992 in its opinion for Computer Associates Int. Inc. v. Altai Inc.
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Jones also held that FTE had failed to demonstrate that it has "a significantly protectable interest in the litigation warranting intervention as a party" and that its interests would not be adequately represented by the defendants. In the November 2005 elections, none of the members of the Dover School Board who voted for the intelligent design policy were re-elected, and a new school board, which rejected the policy, took office. This effectively precluded the possibility of an appeal to a higher court.
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If the innovative company has no realistic means of protecting its new intellectual property, it may seek to obtain a "first-mover advantage" by waiting until the company or its products are ready to sell before they are announced. This gives as long a lead as possible before others may copy its products, distribution channels, brand, or other business advantages. Conversely, companies with a protectable new technology may nevertheless wish to wait until they have filed or obtained a patent.
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Aside from deactivating radicals and reactive oxidants, glutathione participates in thiol protection and redox regulation of cellular thiol proteins under oxidative stress by protein S-glutathionylation, a redox- regulated post-translational thiol modification. The general reaction involves formation of an unsymmetrical disulfide from the protectable protein (RSH) and GSH: :RSH + GSH + [O] → GSSR + H2O Glutathione is also employed for the detoxification of methylglyoxal and formaldehyde, toxic metabolites produced under oxidative stress. This detoxification reaction is carried out by the glyoxalase system. Glyoxalase I (EC 4.4.
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On August 10, 2000, Hupp issued a decision on Ticketmaster's motion for a preliminary injunction against linking and spidering. He ruled that the copyright violation claim was unfounded because "purely factual information", such as a public event's date, location, and cost, could not be copyrighted, regardless of the cost of time needed to aggregate the facts. He found that "the manner of expression and format of presenting those facts is protectable", and Tickets.com ensured to use their own expression and format to present the facts.
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Most originalists believe that such rights should be identified and protected legislatively or by further constitutional amendments or other existing provisions of the Constitution. For example, some substantive due process liberties may be protectable according to the original meaning of the Privileges or Immunities Clause of the Fourteenth Amendment. Most originalists believe that rights should be identified and protected by the majority legislatively or, if legislatures lack the power, by constitutional amendments. The original perceived scope of the Due Process Clause was different from the one today.
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The description itself was protectable by copyright. In this sense, the Court clarified Selden merely held a copyright, not a patent. > The conclusion to which we have come is, that blank account-books are not > the subject of copyright; and that the mere copyright of Selden's book did > not confer upon him the exclusive right to make and use account-books, ruled > and arranged as designated by him and described and illustrated in said > book. The Court reversed the ruling of the Circuit Court.
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Brown Bag claimed that the district court did not properly perform legal analysis by using analytical dissection in the intrinsic test for the test of substantial similarity. Although application of "analytical dissection and expert testimony is inappropriate for intrinsic tests," analytical and expert testimony is appropriate for extrinsic tests. The Court rejected Brown Bag's contention, noting that extrinsic tests have expanded to utilize analytical dissection "as a tool for comparing not only ideas but also expression." The intrinsic test can only be applied to the examination of protectable expression.
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Trademark distinctiveness is an important concept in the law governing trademarks and service marks. A trademark may be eligible for registration, or registrable, if it performs the essential trademark function, and has distinctive character. Registrability can be understood as a continuum, with "inherently distinctive" marks at one end, "generic" and "descriptive" marks with no distinctive character at the other end, and "suggestive" and "arbitrary" marks lying between these two points. "Descriptive" marks must acquire distinctiveness through secondary meaning—consumers have come to recognize the mark as a source indicator—to be protectable.
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The AFC test is a three-step process for determining substantial similarity of the non-literal elements of a computer program. The process requires the court to first identify the increasing levels of abstraction of the program. Then, at each level of abstraction, material that is not protectable by copyright is identified and filtered out from further examination. The final step is to compare the defendant's program to the plaintiff's, looking only at the copyright- protected material as identified in the previous two steps, and determine whether the plaintiff's work was copied.
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The Lanham Act specifically states that "[n]o trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it (e) Consists of a mark which (5) comprises any matter that, as a whole, is functional." . If a colour is held functional for any product, then it is not registrable or protectable as a trademark. Several U.S. Courts have dealt with the matter, and colours have been held functional for various purposes.
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Second, poised with this > framework, the court should examine each level of abstraction in order to > filter out those elements of the program that are unprotectable. Filtration > should eliminate from comparison the unprotectable elements of ideas, > processes, facts, public domain information, merger material, scènes à faire > material, and other unprotectable elements suggested by the particular facts > of the program under examination. Third, the court should then compare the > remaining protectable elements with the allegedly infringing program to > determine whether the defendants have misappropriated substantial elements > of the plaintiff's program.Gates Rubber Co. v.
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Because of the functional nature of the mask geometry, the designs cannot be effectively protected under copyright law (except perhaps as decorative art). Similarly, because individual lithographic mask works are not clearly protectable subject matter; they also cannot be effectively protected under patent law, although any processes implemented in the work may be patentable. So since the 1990s, national governments have been granting copyright-like exclusive rights conferring time-limited exclusivity to reproduction of a particular layout. Term of integrated circuit rights are usually shorter than copyrights applicable on pictures.
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Because contributory infringement cannot exist without underlying direct infringement, and the car owners had a right to keep their cars in good repair, there was no direct infringement and thus no contributory infringement. In so ruling, the Aro Court had quoted passages in Mercoid that said no part of a patented combination, such as the unpatented fabric top of the convertible top combination. was essential or the heart or gist of the invention and therefore separately protectable. The Dawson majority said this ruling was not inconsistent with its interpretation of § 271(d).
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The court found that regardless of whether Leinster's story first coined the phrase, it had since become a generic and therefore unprotectable term that described the genre of science fiction in which humans first encounter alien species. Even if the title was instead "descriptive"--a category of terms higher than "generic" that may be protectable--there was no evidence that the title had the required association in the public's mind (known as "secondary meaning") such that its use would normally be understood as referring to Leinster's story. The Second Circuit Court of Appeals affirmed the lower court's dismissal without comment.
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Initial judicial opinions in both cases addressed the issue of what is subject to copyright protection. The court upheld NeighborCity’s claim in determining that the MLS listing data does not qualify for copyright protection because facts, including property features such as “main floor full bath” and “whirlpool,” are not protectable works to which the MRIS and Northstar MLS can claim ownership; however, the court found that photographs and property descriptive texts are likely to be copyrightable. In November 2013, a Maryland Federal District court found that NeighborCity “adequately alleged” a conspiracy among multiple MLSs and the National Association of Realtors.
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She wrote: "Because the undisputed facts show that the city established and continuously maintained a restaurant under the name 'Tavern on the Green' at the same location in New York's Central Park since 1934, the city has a protectable interest in that name."Tavern on the Green patio after reopening, December 2010 On October 15, 2010, the city re-opened the building as a visitors information center with a gift shop selling city-themed T-shirts, hats and other memorabilia."NY's Tavern on the Green reopens as visitor ctr.", AP, October 15, 2010 (video) Street vendors sold food outside.
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The view of the Court of Appeal is summarized by the following passage: "The merger notion is a natural corollary of the idea/expression distinction which...is fundamental in copyright law in Canada, England and the United States. Clearly, if there is only one or a very limited number of ways to achieve a particular result in a computer program, to hold that that way or ways are protectable by copyright could give the copyright holder a monopoly on the idea or function itself."Delrina II at para 52. In this case the trial judge found that copying of Sysview was not the source of the similarities between the two programs.
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Stone Hill is an extensively developed climbing area in Northwestern Montana, approximately from Eureka, Montana and just off Lake Koocanusa. Much of the development in the area, just under half the total routes, can be attributed to the efforts of Steve Stahl, who, during the years of 2000-2003 established over 260 lines. The rock is an extremely hard quartzite derivative, and is characterized by painfully sharp edges, vanishing cracks, steep slabs and small horizontal roofs. The cracks tend to be very protectable, and as a result over half the routes in the area are protected by a combination of bolts and traditional means.
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A sports columnist for The Washington Post compared the TTAB's actions to "policing speech". The cancellation of Federal registration in fact made no change to the team's use of the name, but withdrew the government from the responsibility to regulate the use of the name by anyone. The team retains other rights under common law, but must enforce them without government assistance. However, in the opinion of one intellectual property law firm, the team "may be hesitant to sue another for infringing its marks because of the risk that a court could possibly determine that the team has no protectable interest in the name because of its disparaging nature".
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To gain registration in the Principal Register or common law protection under the Lanham Act, a trade dress must not be “functional.” That is, the configuration of shapes, designs, colors, or materials that make up the trade dress in question must not serve a utility or function outside of creating recognition in the consumer's mind. For example, even though consumers associated a distinct spring design for wind resistant road signs with a particular company, the spring design was not protectable for trade dress purposes because the springs served the function of withstanding heavy wind conditions. What is considered “functional” depends upon the specific product or thing sought to be protected.
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Willow River Power Co., 324 U.S. 499 (1945), Justice Robert H. Jackson addressed whether there was a protectable property interest in a head of water lessened by federal action. He stated: > [N]ot all economic interests are "property rights;" only those economic > advantages are "rights" which have the law back of them, and only when they > are so recognized may courts compel others to forbear from interfering with > them or to compensate for their invasion. ... We cannot start the process of > decision by calling such a claim as we have here a "property right;" whether > it is a property right is really the question to be answered. Such economic > uses are rights only when they are legally protected interests.
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A property owner may choose to voluntarily list their property on the Inventory, which would only allow the Heritage Preservation Services body to review any future development and building applications affecting those properties. Owners of listed properties are also required to give the City of Toronto at least 60 days notice of their intention to demolish the property.May I demolish a listed or designated property? The aim of being listed is to ensure that buildings that do not yet fit the criteria for protection under any of the city's heritage by-laws would still be considered as "protectable", if the city believed there were reasonable grounds to prevent any amendments to the property's appearance or structure.
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FTE's president Jon Buell implied that if allowed to intervene, FTE would bring William A. Dembski and Stephen C. Meyer as expert witnesses. In his decision on the motion, Judge John E. Jones III ruled that FTE was not entitled to intervene in the case because its motion to intervene was not timely, describing FTE's excuses for not trying to become involved earlier as "both unavailing and disingenuous." Judge Jones also held that FTE failed to demonstrate that it has "a significantly protectable interest in the litigation warranting intervention as a party" and that its interests will not be adequately represented by the defendants. In a November 2005 election the citizens of Dover voted out their pro-intelligent design schoolboard.
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Those appearances "were not reasonably necessary" for "self-defense", and would likely spark unnecessary controversy regarding the subject of "homosexuality and the classroom". "Accordingly, despite the initial transgression of the defendants, the Court cannot grant plaintiff the relief for which he prays. Plaintiff's public activities as herein described are not 'protectable' and the Court cannot at this time characterize the refusal to reinstate plaintiff or renew his contract as arbitrary or capricious under either the First Amendment or the Equal Protection Clause of the Fourteenth Amendment." With respect to the procedural due process violations, the district court thought them cured by the de nova trial which Acanfora received in his lawsuit: "The parties have shifted their attention to the plenary hearing in this forum".
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The Court concluded that the Defendants are entitled to their motion for summary judgment because Anderson's script is an infringing work not entitled to copyright protection. The Court determined that the characters from the original movies were afforded copyright protection, using a standard borrowed from Judge Learned Hand in Nichols v. Universal Pictures Corp.. The key to the standard is that copyright protection is afforded when a character is developed with enough specificity to constitute protectable expression. It was strikingly clear to the Court that Anderson's work was a derivative work; that under 17 U.S.C. section 106(2) derivative works are the exclusive privilege of the copyright holder (Stallone, in this case); and that since Anderson's work is unauthorized, no part of it can be given protection.
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The importance of Hound Dog in penetrating the Soviet air-defense system was later described by Senator John F. Kennedy in a speech to the American Legion convention in Miami, Florida, on October 18, 1960: "We must take immediate steps to protect our present nuclear striking force from surprise attack. Today, more than 90 percent of our retaliatory capacity is made up of aircraft and missiles which have fixed, un-protectable bases whose location is known to the Russians. We can only do this by providing SAC with the capability of maintaining a continuous airborne alert, and by pressing projects such as the Hound Dog air-ground missile, which will enable manned bombers to penetrate Soviet defenses with their weapons"."AGM-28 Missile Memos" Access date: 8 October 2007.
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In the United States, trade secrets are not protected by law in the same manner as patents or trademarks. Historically, trademarks and patents are protected under federal statutes, the Lanham Act and Patent Act, respectively, while trade secrets are usually protected under state laws, and most states have enacted the Uniform Trade Secrets Act (UTSA), except for Massachusetts, New York, and North Carolina. However, since 2016 this situation changed with the enactment of the Defend Trade Secrets Act (DTSA), making trade secrets also protectable under a federal law. One of the differences between patents and trademarks, on the one hand, and trade secrets, on the other, is that a trade secret is protected only when the owner has taken reasonable measures to protect the information as a secret (see (3)(A)).
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"Their similarities derive entirely from unprotectible elements and the total look and feel of the works is so distinct that no reasonable trier of fact could find the works substantially similar within the meaning of copyright law." Disturbia contained many subplots not in the original short story. After the dismissal of the copyright claim in federal court, the Abend Trust filed another lawsuit in California state court against Universal Studios and the Hitchcock Estate on October 28, 2010, for a breach of contract claim based on earlier agreements which allegedly restricted the use of ideas from the original Woolrich short story and the movie Rear Window whether or not the ideas are copyright protectable, that the defendants had entered into with the Abend Trust after the Supreme Court's Stewart v. Abend decision.
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The Judge told the defendants: "To me it looks like Mr. Dembski was dropped as an expert because he didn't want to produce, or because his employer didn't want to produce the manuscript [on subpoena to the court] of The Design of Life."Pre-Trial transcript: July 14, Part 2, Kitzmiller v. Dover Area School District In his decision on the motion, Judge John E. Jones III ruled that FTE was not entitled to intervene in the case because its motion to intervene was not timely, describing FTE's excuses for not trying to become involved earlier as "both unavailing and disingenuous". Judge Jones also held that FTE failed to demonstrate that it has "a significantly protectable interest in the litigation warranting intervention as a party" and that its interests will not be adequately represented by the defendants.
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On January 24, 2001, Sony Pictures Entertainment filed a lawsuit in United States District Court, Central District of California, Western Division, against Fireworks Entertainment Group, the producers of the syndicated television series Queen of Swords. Sony alleged copyright infringement and other claims, saying the series "copied protectable elements from [the] 'Zorro' character and 'Zorro' related works". On April 5, 2001, U.S. District Judge Collins denied Sony's motion for a preliminary injunction, noting "that since the copyrights in [Johnson McCulley's 1919 short story] The Curse of Capistrano and [the 1920 movie] The Mark of Zorro lapsed in 1995 or before, the character Zorro has been in the public domain." As to specific elements of The Mask of Zorro, the judge found that any similarities between the film and the TV series' secondary characters and plot elements were insufficient to warrant an injunction.
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Finally, Merritt argued that neither a special rule for settlement nor the supplemental jurisdiction act cured this jurisdictional defect for two reasons: (1) Courts must have jurisdiction over class actions in order to terminate the claims of absent class members and (2) the many authors and databases involved in this lawsuit did not constitute a single case or controversy.See id. at 65-69. The Computer and Communications Industry Association (CCIA) also presented an amicus brief supporting the second circuit's judgement. Similarly to Professor Merritt, the CCIA cast the registration requirement as a necessary protection for Internet service providers, noting that, "[w]hen every blog and tweet might be protectable under copyright, the registration requirement dramatically reduces technology companies’ potential exposure to copyright infringement claims"Brief for Amici Curiae Computer & Communications Industry Association and Netcoalition in Support of the Judgment Below at 3, Reed Elsevier, Inc. v.
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Paperback the U.S. District Court for Massachusetts decided that Paperback's VP-Planner software violated the copyright of Lotus's 1-2-3 spreadsheet program since it had the same user interface, even though the underlying code was completely different. A technical criticism of Whelan is that it fails to distinguish between the sequence in which instructions are presented in the text of a program and the sequence in which the instructions are executed - the program's behavior. Both the textual and behavioral aspects have their own SSO, but a programmer would see the textual SSO as relatively unimportant. A related point is that although the text of a computer program may be an "original work of authorship", protected by copyright laws, the algorithms and designs that the program embodies may be better considered to be "processes, procedures, systems, methods of operation", which are explicitly excluded from copyright protection although they may be protectable by patents.
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The state of Missouri passed a law which in its preamble stated that "the life of each human being begins at conception", and "unborn children have protectable interests in life, health, and well-being." The statute # required that all Missouri state laws be interpreted to provide unborn children with rights equal to those enjoyed by other persons, subject to limits imposed by the federal constitution, and federal court rulings: # prohibited government- employed doctors from aborting a fetus they believed to be viable; # prohibited the use of state employees or facilities to perform or assist abortions, except where the mother's life was in danger; and # prohibited the use of public funds, employees, or facilities to "encourage or counsel" a woman to have an abortion, except where her life was in danger. The United States District Court for the Western District of Missouri struck down the above provisions, and prohibited their enforcement. This decision was affirmed by the United States Court of Appeals for the Eighth Circuit, which ruled that these provisions violated Roe v.
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