scholarly journals The Necessity of Blanket License Agreements in Light of 17 U.S.C. 110(4) Unveiled

2020 ◽  
Vol 27 (1) ◽  
Author(s):  
Fabiana Wells
Keyword(s):  
License Agreements

Anti-Suit Injunctions, FRAND Policies and the Conflict between Overlapping Jurisdictions

2021 ◽  
Author(s):  
Maximilian Haedicke
Keyword(s):  
License Agreements ◽  
Court Proceedings

Abstract Numerous courts worldwide consider themselves competent to determine the FRAND compliance of global SEP license agreements and to set worldwide FRAND rates. A court deciding a FRAND case involving a global FRAND rate may issue an injunction which prohibits the filing or enforcement of an action in another jurisdiction (anti-suit injunction, hereinafter ‘ASI’). The parties litigating in the courts of another country may request this court to enjoin the filing or execution of the ASI – (anti-anti-suit injunction, hereinafter ‘AASI’). This article argues that the extraterritorial effects of both ASIs and AASIs may unduly impede court proceedings. However, ASIs and AASIs may in certain cases legitimately protect the interests that sovereign states have in undisturbed court proceedings. Self-restraint should be exercised because each ASI/AASI contains the risk of escalation. The article gives guidelines as to under which conditions ASIs/AASIs may be issued and accepted by the courts. It also aims to raise awareness among policymakers so that internationally binding rules which ease the conflicts may be implemented.

Decision-making in the translation of end-user license agreements

2015 ◽  
Vol 4 (2) ◽  
pp. 216-239
Author(s):  
Olga Torres-Hostench ◽  
Ramon Piqué Huerta ◽  
Pilar Cid Leal
Keyword(s):  
Decision Making ◽  
Translation Studies ◽  
End User ◽  
License Agreements ◽  
Decision Making Criteria

EULAs (End-User License Agreements) present specific translation challenges, ones contingent on how the EULAs will be used. In a recent study, the decisions made by forty-seven translation students while translating a EULA were observed and analyzed. The aim of the study was threefold: (1) to observe the criteria used for decision-making when translating a EULA; (2) to observe how decision-making criteria changed after using specific resources designed for translating EULAs (lawcalisation.com); and (3) to evaluate the overall usefulness of the lawcalisation.com resource. Results suggest that by providing translators with a single website portal of specific resources, they were able not only to find the equivalents they needed but also to consult the relevant legal and translation information that ultimately helped them develop more solid criteria for translation decision-making. Decisions were guided by principles of law applicability, terminology, legislation, and translation studies Skopos theories.

scholarly journals Understanding License Agreements for Electronic Products

2021 ◽  
pp. 247-260
Author(s):  
Trisha L. Davis ◽  
John J. Reilly
Keyword(s):  
Electronic Products ◽  
License Agreements

scholarly journals Efficient Search for Equivalents at Your Fingertips – The Specialized Translator’s Dream

2017 ◽  
Vol 62 (1) ◽  
pp. 137-154 ◽  
Author(s):  
Mariana Orozco-Jutorán
Keyword(s):  
Value Added ◽  
Search Process ◽  
Legal Analysis ◽  
End User ◽  
New Approach ◽  
Legal Translation ◽  
A Value ◽  
Prototype Tool ◽  
License Agreements ◽  
Current Terminology

The limitations of current terminology tools for specialized translators may, to a large extent, be explained by the complexity of the search process involved in producing good quality translations in specialist domains. This paper introduces a new approach to the development of this kind of resources aimed at satisfying the specific needs of specialized translators. This change of paradigm is reflected in the development of a prototype tool designed for use in legal translation. The tool – for use in English-Spanish translations of technological law in the localization of End User License Agreements – incorporates a revised corpus, comparative law information, and a terminological database. The features and advantages of the terminological database proposed are described in detail. Focusing on the specific needs of translators of this type of texts, comments are included on the acceptability of different terminological options on the basis of comparative legal analysis in different translation scenarios. The incorporation of these comments is a distinctive feature of this new approach to the development of resources and provides a value-added service to translators. The prototype tool designed is intended to serve as a model for the future development of similar applications in any type of specialized translation, in any given field and language combination.

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