PUBP 4640: Licensing, Internet Law

Intellectual Property Licenses

Agreements allowing use of IP with specified details like parties, time, territory, and rights.

Warranties

Contractual guarantees, negotiable and protected by laws like UCC and Magnuson-Moss Act.

Indemnification

Promise to cover losses if harm is caused, including defense in a lawsuit.

Shrink-Wrap and Click-Wrap

Types of license agreements with specific terms and customer actions.

Derivative Works

Works based on original IP, relevant in IP licensing agreements.

UCC - Uniform Commercial Code

State law for contracts, focusing on goods and consumer protection.

Express Warranties

Guarantees explicitly stated in contracts, including entire agreement clauses.

Implied Warranties

Unwritten guarantees like merchantability, fitness, and title protection.

Exclusion of Implied Warranties

Conspicuous removal of unwritten guarantees, especially for consumer products.

Actual Defense

Defending in a lawsuit and paying for defense in case of indemnification.

IP Infringement Lawsuit

Legal action for violating intellectual property rights, triggering indemnification.

Conspicuous Notice

Clearly visible terms in a shrink-wrap license agreement, relevant for customer protection.

General Jurisdiction

Lawsuit unrelated to defendant's activities within a state, not limited by specific claims.

Special Jurisdiction

Lawsuit related to defendant's contacts with a state, considering purposeful availment, relatedness, and reasonableness.

Content Scrambling System (CSS)

DRM system for DVDs, relevant in Pavlovich v. Superior Court case.

DeCSS

Open Source Software allowing access to CSS-protected DVD content, central in Pavlovich v. Superior Court case.

DVD CCA

DVD Copy Control Association, plaintiff in Pavlovich v. Superior Court case.

Pavlovich v. Superior Court of Santa Clara County

Legal case involving jurisdiction and trade secret misappropriation related to DeCSS.

LICRA v. Yahoo!

Legal case involving U.S.-based Yahoo! portal and French law on Nazi-related items.

French court jurisdiction

French court has authority over a case involving Yahoo! and the display of Nazi memorabilia to French citizens

Procedural history

Sequence of events in a legal case, including court orders and decisions

Declaratory judgment

A judgment stating the rights and obligations of the parties without enforcing them

Cease-and-desist letter

A legal notice to stop an activity, in this case, the display of Nazi memorabilia

Cybersquatting

Registering, trafficking, or using a domain name with bad-faith intent to profit from the goodwill of a trademark

Anticybersquatting Consumer Protection Act (ACPA)

Legislation protecting trademarks from bad-faith domain name registrations

Uniform Dispute Resolution Policy (UDRP)

Process for resolving domain name disputes, including criteria for bad faith registration and use

Metatag

Information used by search engines to index web pages, potentially leading to confusion or dilution

Non-Disclosure Agreement (NDA)

Legal contract restricting the disclosure of confidential information between parties

Mutual NDA

Restricts both parties in their use of shared confidential materials

One-way NDA

Restricts only a single party in their use of shared confidential materials

Stated Purpose

Clearly defined reason for entering into the NDA, specifying the permitted use of confidential information

NDA term

The duration for which the NDA is valid, typically not exceeding a year

Confidentiality period

Specific time after termination during which the parties agree to maintain the confidentiality of shared information

Perpetuity

An indefinite or unending duration, to be avoided in NDA terms

Best practices for NDAs

Guidelines for creating and executing NDAs, including setting a reasonable term and clearly labeling documents