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Today's personal computer Article
Intellectual Property Law - Copyright Law - Copyright Infringement - Computer Software
The case of Point Solutions Ltd v Focus Business Solutions Ltd and Another [2007], which was heard in the Court of Appeal, involved a claimant who carried on business as a provider of computer software services, and in particular software for the creation and use of electronic application forms for provision to the financial services sector.
At the material time the defendants had for a number of years been the dominant supplier in that market. In April 2001, the claimant and the defendants entered into an outsourcing agreement under which the claimant carried out work for the defendants, work which included a review of a module in the defendants? Goal software. In order to carry out that work, the claimant was provided with three modules of the defendant?s Goal software.
In the course of its business the claimant supplied a product known as Acuo Software, a product which had been developed over a period between 2 July 2001 and August 2002. The development of Acuo Software was in response to an approach from CMI, a well known pension provider.
In October 2001, the outsourcing agreement between the claimant and the defendants came to an end. Apparently, the defendants had learned that the claimant had been awarded the CMI contract, for which the defendants had made an unsuccessful bid, and that the claimant intended to bid for a different contract with H (the parent company of CMI) in direct competition with the defendants.
The defendants asked for the return of the three modules of Goal software. The claimant claimed to have complied with this request. In October 2002, the defendants wrote to the claimant to:
?Seek confirmation of the provenance of the software you have developed in order to compete with [the defendants]?
The defendants also sought confirmation that the claimant had not undertaken any copying of the defendants' Goal software or solutions. The claimant replied, confirming that it had not copied the defendants' software, and offered to make voluntary disclosure (to a mutually agreeable third party) of material that would confirm that there had been no copyright infringement.
The parties agreed to the identity of the experts to be instructed, and terms of reference on the basis of which they should be asked to act. However, the matter did not progress. Eventually, in December 2004, the claimant commenced proceedings seeking a declaration of non-infringement of copyright. It was directed that an expert's report be obtained, however the parties failed to comply with that direction. The judge refused to grant the relief sought, saying that she had been asked to make a declaration that software, which she had not yet seen, did not infringe any copyright in another software product which she had also not yet seen. She went on to hold that copyright had not yet been demonstrated with regard to such software.
The claimant appealed. It submitted on appeal:
- That the judge was wrong to find that the claimant had failed to establish on the balance of probabilities that it did not copy the defendant's source code in creating the Acuo Software;
- That the judge had erred in finding that there was no utility in making a declaration even if there had been no copying; and
- That her finding that she would have exercised her discretion against granting a declaration even if she had found in its favour on the issue of non-infringement was perverse.
The appeal would be dismissed.
The claimant had not shown that the judge was wrong in finding that it had failed to establish on the balance of probabilities that it had not copied the defendants' source code in creating the Acuo Software. Therefore, the other two grounds did not arise.
It is interesting to note that a judge should be slow to allow proceedings of this nature to be brought to trial in circumstances where the parties have chosen (for tactical and forensic reasons) to disregard directions already given for the provision of the expert assistance needed if the court is to decide the real question in dispute.
If you require further information contact us at enquiries@rtcoopers.com
Visit rtcoopersiplaw.com or rtcoopers.com/practice_intellectualproperty.php
? RT COOPERS, 2007. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.
Intellectual property law firm advising on patents, Patent attorneys, Patent Lawyers, Copyright, designs, Copyright law, know-how, Patent Licensing, Patent Infringement, trade marks, trademarks, trademark searches, trademark infringement, Intellectual Property Law, IP lawyers, IP solicitors, copyright lawyers, IP lawyers, IP law Firm, IP valuations IP solicitors freedom to operate copyright lawyers, patent solicitors, branding, intellectual property lawyers, intellectual property solicitors, IP law firm, solicitors in Docklands, solicitors in Wapping, pharmaceutical lawyers, regulatory lawyers, regulatory solicitors, pharmaceutical solicitors If you require further information contact us at enquiries@rtcoopers.com Visit rtcoopersiplaw.com or rtcoopers.com/practice_intellectualproperty.php |
Keep Your Computer Healthy By Repairing Windows Registry
Windows Registry is a database used by Windows operating system to store hardware and software configuration information. Computer problems are often caused by invalid key entries in the registry. Anyone with Administrator privileges can edit the Registry by using the registry editor (regedit.exe) that comes with the Windows operating system. However, great attention must be given to registry editing or repair because changing registry keys could disable the computer in the worst scenario. The registry editor is a GUI-based tool for managing the registry. When you type ?regedit? in the ?Run? dialog box and click ?OK?, the system will present a registry view similar to the Windows Explorer view of the file system. In general, the registry consists of 5 Root Keys that contains file associations, all preferences set for current user, settings for hardware, operating system, and installed applications, to name just a few.
Now you see how important the registry is to your computer. Maintaining the registry and stabilizing its growth can greatly increase the life expectancy of your Windows system. With this being said, it is a daunting task to repair registry because there are so many complex registry entries stored in your system. Most experienced technicians tend to stay away from the registry unless there are no other options to resolving a computer problem except editing registry keys.
In view of this, there are many third-party registry cleaner utilities that are dedicated to scanning and repairing the registry. By default, registry cleaner scans the registry for all types of errors. It also allows users to customize settings and scan for particular types of registry errors, like shared DLL errors, missing fonts, and invalid startup entries.
Besides finding incorrect or obsolete information in the registry, most registry cleaner utilities provide backup or restore function, allowing users to backup the whole Windows Registry so that they can use the backup to restore the registry to the current status in case they encounter serious system failure. Some of registry cleaner utilities even have the startup organizer feature that lets users disable unwanted startup programs and manage IE settings with ease.
Moreover, registry cleaner software is able to remove harmful viruses, adware, spyware, and Trojans because these intrusive programs tend to attack PC by creating and modifying registry keys. To sum up, there are so many advantages associated with cleaning registry. If your computer is running slow and even shutting down out of the blue, you should check out websites out there which feature a free scanner that can track down evil program lurking on your hard drive and protect you from possible future malicious attacks on your system.
Wayne Wu has been a freelance technical writer for several years. For more information about Registry Cleaner Software, check out businessinfo.tw/LP/fixregistry/ |
Web Animation: A New Era In Computer
At a basic level animation can be thought of as a flicker of life in objects. For example a flying bird is an "animate" object while a glass vase is an "inanimate" object. In real life inanimate objects move because of external forces, but in the virtual world, technology and imagination work together to create movement. Animation has become popular because real life has movement and the human eye is naturally attracted to movement.
Over the last 100 years animation has developed into a huge industry. Computer animation has advanced rapidly, and is now approaching the point where movies can be created with characters so lifelike as to be hard to distinguish from real actors. This involved a move from 2D to 3D, the difference being that in 2D animation the effect of perspective is created artistically, but in 3D objects are modeled in an internal 3D representation within the computer, and are then 'lit' and 'shot' from chosen angles, just as in real life, before being 'rendered' to a 2D bitmapped frame. There were predictions that famous dead actors might even be brought back to life to play in new movies.
Animations can be used in various ways on a web page such as making a log presentation more interesting by activating charts that dynamically show changes over time. Again animated games are very popular on the Web, especially 3D games. Animation attracts the attention as it is dynamic. For example animated buttons on a web page attract more attention than the static buttons.
When we speak of types of animations, the simplest type is an animated GIF. Animated GIFs are popular because they are easy to create and don't require special software for viewing. Another type is the animated text where the text changes color, blinks, or even explodes like a firework. Rollover effects changes the state of an object when the mouse cursor is moved over the object.
Flash is widely used to create animations for the Web because Flash animations are usually small in size and most Web users have the Flash player installed in their web browsers. In the future the animations on the Web will be more interactive and 3D animations will be widely used. Web animations will be used widely for education and entertainment. The gaming industry will increase its presence on the Web and support 3D and interactive animations. Animations that use simulations will be used for training and education. A lot of focus will be on multi user interactions and 3D animations and on making the Web more and more interactive.
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