Matches in DBpedia 2014 for { <http://dbpedia.org/resource/Jenkins–Laporte_doctrine> ?p ?o. }
Showing items 1 to 10 of
10
with 100 items per page.
- Jenkins–Laporte_doctrine abstract "In United States copyright law and jurisprudence established under the doctrine of stare decisis by the case of Netbula, LLC v. Symantec Corp., 516 F. Supp.2d 1137 (N.D.Cal. 2007) and related cases. The cases defined the boundaries of property rights and contractual rights in the licensing of digital works. It is so called because the cases were decided by two renowned American judges and leading jurists, former U.S. District Judge Martin Jenkins (now a Justice in California Courts of Appeal) and Magistrate Judge Elizabeth D. Laporte.The basic principles of the doctrine can be summarized:(1) If an accused infringer did not see or agree to copy restriction, there was no infringement;(2) A "one user on one computer" restriction does not limit the scope of a software license, it's an independent contractual covenant;(3) A termination clause in the license agreement does not limit the scope of the license, it's an independent contractual covenant.The ingenious observation Justice Jenkins made was that in a copyright action, although license is an affirmative defense to infringement, the "plaintiff’s initial hurdle is proving the terms of the license." 516 F. Supp. 2d at 1151. The Jenkins–Laporte doctrine provides a legal foundation for circumvention of the exclusive rights provided by the Copyright Act, as the doctrine requires the copyright owner to prove the negative.".
- Jenkins–Laporte_doctrine wikiPageID "19348340".
- Jenkins–Laporte_doctrine wikiPageRevisionID "551363389".
- Jenkins–Laporte_doctrine subject Category:Legal_doctrines_and_principles.
- Jenkins–Laporte_doctrine comment "In United States copyright law and jurisprudence established under the doctrine of stare decisis by the case of Netbula, LLC v. Symantec Corp., 516 F. Supp.2d 1137 (N.D.Cal. 2007) and related cases. The cases defined the boundaries of property rights and contractual rights in the licensing of digital works. It is so called because the cases were decided by two renowned American judges and leading jurists, former U.S.".
- Jenkins–Laporte_doctrine label "Jenkins–Laporte doctrine".
- Jenkins–Laporte_doctrine sameAs Jenkins%E2%80%93Laporte_doctrine.
- Jenkins–Laporte_doctrine sameAs Q6177636.
- Jenkins–Laporte_doctrine sameAs Q6177636.
- Jenkins–Laporte_doctrine wasDerivedFrom Jenkins–Laporte_doctrine?oldid=551363389.