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Millions of computer users regularly bind themselves to software license terms with the click of a mouse, usually without reading anything but the word "agree." Licenses for software as diverse as Microsoft Windows and Linux, and terms of use for websites such as Facebook, are all subject not only to intellectual property and commercial law, but also to the private law of the license, which comes in many forms, each with its advocates. Microsoft, for example, maintains that its proprietary model gives users the rights they need while creating the incentives that have made the United States the global software leader, while Richard Stallman - creator of the GNU General Public License and author of a number of free software programs - asserts that proprietary licensing enables software companies to "hoard" software they should be sharing. In The Software License Unveiled, Douglas Phillips looks at both of these extremes and questions how these proliferating but largely unread license terms affect access to software, one of the economy's most valuable resources. While highlighting the obvious divergences, he makes the more illuminating case that most current models - spanning the spectrum from proprietary to free - have one key feature in common: to an increasing extent, each license model extends, modifies, or displaces public law that would otherwise apply. Unlike books that advocate one form of licensing or another, this one reframes the debate to propose that going forward a key challenge for lawyers, scholars, policymakers, and the public is to consider whether "legislation by license" should be the means for controlling software access.
The professional's favored tool for over a decade, this backbone reference provides a comprehensive set of drafting elements that can be used from contract to contract. Move step-by-step through the contract-creation process --from conducting the initial client meeting to closing the deal, with detailed discussions of the eleven, essential drafting elements, parties, recitals, subject, consideration, warranties and representations, risk allocation, conditions, performance, dates and term, boilerplate, and signatures. A favorite reference tool for professional drafters for over a decade, Drafting Effective Contracts combines a clear analysis of how effective agreements are structured with a practical breakdown of the essential elements of any contract-- giving you the best way to draft contracts. This completely updated practical reference guide presents a consistent structural analysis and a comprehensive set of drafting elements that can be used from contract to contract. You are led step-by-step through the process by which contracts are created, given clear sample contract provisions, and offered direction around the obstacles that may be encountered in drafting agreements for goods and services, promissory notes, guaranties, and secured transactions. Drafting Effective Contracts provides a complete handbook for drafting legal agreements that work. For starters, you get a practical and comprehensive approach to the overall contract process--from conducting the initial client meeting to closing the deal. You'll find a detailed discussion of the 11 drafting elements that every contract may have: Parties Recitals Subject Consideration Warranties and Representations Risk Allocation Conditions Performance Dates and Term Boilerplate Signatures After you get a solid explanation of these essential elements and how they're assembled to create effective contracts, you get key strategies for negotiating the agreement and closing the deal. You get an overview of the legal concepts that underpin various types of agreements --such as promissory notes, guaranties, security agreements, and agreements for the sale of goods and services. Then you'll see how to apply the drafting elements to create the finished contract. You also get an array of sample agreements and contracts as well as statutory material. Only Drafting Effective Contracts combines the best benefits of a forms book and a treatise to give you the most complete tool for building effective legal agreements.
For answers to questions relating to computers, the Internet and other digital technologies - and how to make them work for your clients - turn to this comprehensive, practical resource. Whether you're an experienced IT lawyer, a transactional or intellectual property attorney, an industry executive, or a general practitioner whose clients are coming to you with new issues, you'll find practical, expert guidance on identifying and protecting intellectual property rights, drafting effective contracts, understanding applicable regulations, and avoiding civil and criminal liability. Written by Michael D. Scott, who practiced technology and business law for 29 years in Los Angeles and Silicon Valley, Scott on Information Technology Law, Third Edition offers a real-world perspective on how to structure transactions involving computer products and services such as software development, marketing, and licensing. He also covers the many substantive areas that affect technology law practice, including torts, constitutional issues, and the full range of intellectual property protections. You'll find coverage of the latest issues like these: computer and cybercrime, including spyware, phishing, denial of service attacks, and more traditional computer crimes the latest judicial thinking on software and business method patents open source licensing outsourcing of IT services and the legal and practical issues involved in making it work and more To help you quickly identify issues, the book also includes practice pointers and clause-by-clause analysis of the most common and often troublesome provisions of IT contracts.
For more than 40 years, Computerworld has been the leading source of technology news and information for IT influencers worldwide. Computerworld's award-winning Web site (Computerworld.com), twice-monthly publication, focused conference series and custom research form the hub of the world's largest global IT media network.
For more than 40 years, Computerworld has been the leading source of technology news and information for IT influencers worldwide. Computerworld's award-winning Web site (Computerworld.com), twice-monthly publication, focused conference series and custom research form the hub of the world's largest global IT media network.
For more than 40 years, Computerworld has been the leading source of technology news and information for IT influencers worldwide. Computerworld's award-winning Web site (Computerworld.com), twice-monthly publication, focused conference series and custom research form the hub of the world's largest global IT media network.
For more than 40 years, Computerworld has been the leading source of technology news and information for IT influencers worldwide. Computerworld's award-winning Web site (Computerworld.com), twice-monthly publication, focused conference series and custom research form the hub of the world's largest global IT media network.
For more than 40 years, Computerworld has been the leading source of technology news and information for IT influencers worldwide. Computerworld's award-winning Web site (Computerworld.com), twice-monthly publication, focused conference series and custom research form the hub of the world's largest global IT media network.
The ultimate CISA prep guide, with practice exams Sybex's CISA: Certified Information Systems Auditor Study Guide, Fourth Edition is the newest edition of industry-leading study guide for the Certified Information System Auditor exam, fully updated to align with the latest ISACA standards and changes in IS auditing. This new edition provides complete guidance toward all content areas, tasks, and knowledge areas of the exam and is illustrated with real-world examples. All CISA terminology has been revised to reflect the most recent interpretations, including 73 definition and nomenclature changes. Each chapter summary highlights the most important topics on which you'll be tested, and review questions help you gauge your understanding of the material. You also get access to electronic flashcards, practice exams, and the Sybex test engine for comprehensively thorough preparation. For those who audit, control, monitor, and assess enterprise IT and business systems, the CISA certification signals knowledge, skills, experience, and credibility that delivers value to a business. This study guide gives you the advantage of detailed explanations from a real-world perspective, so you can go into the exam fully prepared. Discover how much you already know by beginning with an assessment test Understand all content, knowledge, and tasks covered by the CISA exam Get more in-depths explanation and demonstrations with an all-new training video Test your knowledge with the electronic test engine, flashcards, review questions, and more The CISA certification has been a globally accepted standard of achievement among information systems audit, control, and security professionals since 1978. If you're looking to acquire one of the top IS security credentials, CISA is the comprehensive study guide you need.