Content-based discrimination in which the government targets not a particular subject, but instead certain views that speakers might express on the subject; discrimination based on the content of a communication. • If restrictions on the content of speech are reasonable and not calculated to suppress a particular set of views or ideas, a governmental body […]
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Digital Millennium Copyright Act. A 1998 federal law harmonizing United States copyright protection with international law, limiting copyright liability for Internet service providers, and expanding software owners’ ability to copy programs. • Among many other provisions, the statute extends copyright protection to computer programs, movies, and other audiovisual works worldwide; attempts to regulate cyberspace; forbids
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volenti non fit injuria (voh-len-tI non fit in-joor-ee-[schwa]). [Law Latin “to a willing person it is not wrong,” i.e., a person is not wronged by that to which he or she consents] The principle that a person who knowingly and voluntarily risks danger cannot recover for any resulting injury. • This is the type of
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A license that allows open-source software users to copy, distribute, or modify the source code, and publicly distribute derived works based on the source code. • Open-source licenses usu. do not require royalty or other fees on distribution. The license typically requires a user who redistributes original or modified software that was received under an
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gloss, n. 1. A note inserted between the lines or in the margin of a text to explain a difficult or obscure word in the text (this edition of Shakespeare’s works is bolstered by its many glosses on Elizabethan English). 2. A collection of explanations; a glossary (the hornbook’s copious gloss). 3. (usu. pl.) A
yardstick theory. Antitrust. A method of determining damages for lost profits (and sometimes overcharges) whereby a corporate plaintiff identifies a company similar to the plaintiff but without the impact of the antitrust violation. Cf. BEFORE-AND-AFTER THEORY; MARKET-SHARE THEORY. “To the extent that either the markets or firms being compared are dissimilar, the yardstick theory will
public domain. 1. Government-owned land. 2. Hist. Government lands that are open to entry and settlement. • Today virtually all federal lands are off-limits to traditional entry and settlement. 3. Intellectual property. The universe of inventions and creative works that are not protected by intellectual-property rights and are therefore available for anyone to use without
articled clerk. English law. A clerk who works for a solicitor in exchange for learning the profession; a clerk bound by articles of apprenticeship.
employee. A person who works in the service of another person (the employer) under an express or implied contract of hire, under which the employer has the right to control the details of work performance. — Also spelled employe. Cf. AGENT(1); INDEPENDENT CONTRACTOR. [Cases: Master and Servant 1. C.J.S. Apprentices §§ 2, 11; Employer–Employee Relationship
A combination in which an element works in a different way but performs the same function as the corresponding element in a previously patented combination. • The new element may be patentable, but the combination may not be. — Also termed exhausted combination.