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A Study on the enforceability of Shrink-wrap License under the Contract Law of USA (미국(美國) 계약법(契約法)하에서 소위 "쉬링크랩라이센스" 계약(契約)에 관한 일고찰(一考察))

  • Hur, Hai-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.20
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    • pp.129-150
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    • 2003
  • Software license agreements, to be useful in the mass market, could not be individually negotiated, and had to be standardized and concise. The software license agreement needs to be presented to the licensee-users in a fashion that would allow for mass distribution of software, also for it to enforceable, that would draw the users' attention to the terms and conditions under which the publisher allowed the use of the software. These needs have been accomplished, with or without fail, through so called the "shrink-wrap licenses" Shrink-wrap licenses purpose to transfer computer softwares to their users by defining the terms and conditions of use of the software without implicating the "first sale doctrine" of the Copyright Act. These shrink-wrap licenses have become essential to the software industry. However, in USA, the law applicable to these licenses has been unclear and unsettled. Courts have struggled to develop a coherent framework governing their enforceability. Meanwhile, the National Conference of Commissioners on Uniform State Laws ("NCCUSL") in USA promulgated the Uniform Computer Information Transaction Act ("UCITA") governing contracts for computer information transaction on July 29, 1999. One clear objective of UCITA was to settle the law governing the enforceability of shrink-wrap licenses. In these respects, this paper first introduces the various forms that shrink-wrap licenses take(at Part II. Section 1.), and explains the main advantages of them(at Part II. Section 2.) Here it shows how shrink-wrap licenses value themselves for both software publishers and users, including that shrink-wrap licenses are a valuable contracting tool because they provide vital information and rights to software users and because they permit the contracting flexibility that is essential for today's software products. Next, this paper describes the current legal framework applicable to shrink-wrap licenses in USA(at Part III). Here it shows that in USA the development of case law governing shrink-wrap licenses occurred in two distinct stages. At first stage, judicial hostility toward shrink-wrap licenses marked such that they were not enforced pursuant to Article 2 of the Uniform Commercial Code. At second stage, courts began to recognize the pervasiveness of shrink-wrap licenses, their indispensability to the rapidly expanding information technology industry, and the urgent need to enforce such licenses in order to maintain low prices for consumers of computer hardware or software, resulting in the recognition of shrink-wrap licenses. Finally, in view of the importance of UCITA, this paper examines how it will affect the enforceability of shrink-wrap licenses(at Part IV). The drafters of UCITA, as well as the scholars and practitioners who have criticized it, agree that it validates shrink-wrap licenses, provided certain procedural protections are afforded to purchasers. These procedural protections include the licensee end-user must (i) manifest his assent to the shrink-wrap license, (ii) have an opportunity to review the shrink-wrap license, (iii) have a right to return the product without costs.

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Testimony of the Real World, Documentary-Animation (현실세계의 증언, 다큐멘터리-애니메이션 분석)

  • Oh, Jin-Hee
    • Cartoon and Animation Studies
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    • s.45
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    • pp.27-50
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    • 2016
  • The present study argues that documentary-animation films, which are based on actual human voices, on the level of representation, constitute a new expansion for the medium of animation films, which serve as testimonies to the real world. Animation films are produced using very diverse techniques so that they are complex to the degree of being indefinable, and documentary films, though based on objective representation, increase in complexity in that there exist various types of artificial interventions such as direction and digital image processing. Having emerged as a hybrid genre of the two media, documentary-animation films draw into themselves actual events and elements so that they conceptually share reality-based narratives and are visually characterized by the trappings of animation films. Generally classified as 'animated documentaries', this genre triggered discussions following the release of , a work that is mistaken as having used rotoscoping transforming live action in terms of the technique. When analyzed in detail, however, this work is presented as an ambiguous medium where the characteristics of animation films, which are virtual simulacra without reality, and of documentaries, which are based on the objective indexicality of the referents, coexist because of its mixed use of typical animation techniques, 3D programs, and live-action images. Discussed in the present study, , , and share the characteristics of the medium of documentaries in that the narratives develop as testimonies of historical figures but, at the same time, are connected to animation films because of their production techniques and direction characteristics. Consequently, this medium must be discussed as a new expansion rather than being included in the existing classification system, and such a presupposition is an indispensable process for directly facing the reality of the works and for developing discussions. Through works that directly use the interviewees' voices yet do not transcend the characteristics of animation films, the present study seeks to define documentary-animation films and to discuss the possibility of the medium, which has expanded as a testimony to the real world.

Learning the Civilization of Modern Science and Technology through Animation Film: Focusing on Michel Ocelot's (애니메이션 감상을 통한 근대 과학기술 문명 탐구 - 미셸 오슬로의 <세 명의 발명가>를 중심으로)

  • Youn, Kyung Hee;Choi, Jeongyoon;Park, Yooshin
    • Cartoon and Animation Studies
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    • s.49
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    • pp.267-297
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    • 2017
  • This paper attempts a close-reading of Michel Ocelot's short animation film, (1979), and proposes it as an available text in art appreciation class for young students. stimulates the students' attention and intellectual curiosity thanks to the exotic and fantastic atmosphere, beautiful mise en scene, and intriguing plot. Ocelot's technique of decoupage used in this film rejuvenates both the traditional folk art and Lotte Reiniger's early experiments in the history of animation film. Ocelot subverts the ideal of modern male adult subject as unique possessor of scientific knowledge and technology, by adopting a female figure and a young child, who is also female, as main characters. The imaginative and subversive power of animation contributes to creating posthuman beings beyond the homocentric figure of Vitruvian Man. The posthuman condition supposes that human beings have the equal relationship of continuum with not only other humans but also non-human beings like all living things and inanimate matters. In order to teach and learn the posthuman condition, it is necessary to conceive an interdisciplinary and integrated curriculum including art, science, philosophy, history, and social sciences. Animation film serves excellently as educational text for the integrated curriculum of the posthuman.

Regulation of Quinone Reductase Activity in Mice by Dehydroglyasperin C Isolated from Licorice (감초에서 분리된 데하드로글라이아스페린 C에 의한 마우스 모델계에서 quinone reductase 활성의 조절)

  • Han, Jung-Hwa;Kim, Jong-Sang
    • Current Research on Agriculture and Life Sciences
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    • v.31 no.1
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    • pp.51-55
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    • 2013
  • Licorice, Glycyrrhizae radix, is one of the oldest and most frequently used botanicals in the oriental medicine. Our previous study showed that dehydrolyasperin C (DGC) isolated from licorice had antioxidant activity and induced phase 2 detoxifying enzymes in mouse hepatoma cells. Therefore, this study was conducted to investigate the effect of exposure time to DGC on quinone reductase (QR), one of the anticarcinogenic biomarkers, and antioxidant potential of plasma using animal model. ICR mice were divided into 7 groups, in which mice in each group were injected with DGC (5 mg/kg b.w.) for 0, 2, 4, 6, 8, 12, 24 hours respectively. Following the treatment the organs including liver, kidney, lung, stomach, large intestine, small and large intestines were collected and subjected to QR activity assay, western blotting, and FRAP assay. Exposure to DGC caused a significant induction of QR activity in stomach and large intestine of mice. Ferric reducing activity of plasma, a typical biomarker for antioxidative potentialshowed that DGC improved antioxidant potential in mice. However, no significant effect of DGC was observed in the other organs.

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A Study on the Protection for Original Technology and Improved Patent when Research Institutes or Universities Transfer their Research Outputs (출연연 및 대학에서 연구성과물의 기술이전 시 개량특허와 원천기술의 보호에 관한 검토 : H대학교와 D제약사의 신약후보물질 관련 개량특허 탈취논쟁여부를 중심으로 (대상판결: 서울중앙지방법원 2014.12.24. 선고 2013가합85597 판결))

  • Kang, Sun Joon;Kim, Min Ji;Won, Yoo Hyung;Oh, Keon Taek
    • Journal of Korea Technology Innovation Society
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    • v.20 no.2
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    • pp.313-333
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    • 2017
  • As science and technology advanced, specialized and massive, development through mutual cooperation or research based on patent licensing such as material transfer contract, technology transfer contract etc are actively taking place to minimize or separate the cost and risk of R&D. In R&D, such mutual work can enjoy the merit of division of labor by effectively allocating resources and manpower to accomplish its goal. Inevitably, however, there are also many possibilities of disputes regarding the ownership and use of intellectual property rights resulting from such mutual/post-studies, or inventions upgraded by using prior patents. The case reviewed by this paper is noticeable regarding the recent trend of upgraded inventions. In the case, a pharmaceutical company conducted tests/assessments on the complete technology of patent owned by a university on the premise of transferring the technology, and then terminated the technology transfer contract due to reasons of toxicity. The university then filed a damage claim suit against the company for infringing the contract. This is a dispute case betw een a university which developed a potential ingredient for new medicine and a pharmaceutical company which agreed to transfer and receive the technological later on. Regarding the upgraded inventions of source patents, this case has many implications on the protection of prior patents, research contract, and research security to protect the accomplishment of research. This paper reviews the subject ruling and the protection of upgraded patents and source technologies. As critical notes, the paper also summarizes the major issues of case ruling to observe the standard of ruling patent infringement related to the extortion of upgraded patents. Then, through the ruling of the case above, the paper suggests implications and future strategies.

In vitro Rumen Fermentation Patterns of Environment Friendly Whole Crop Barley, Italian Ryegrass and Rice Straw Silages (친환경 청보리, 이탈리안 라이그라스, 볏짚사일리지의 In vitro 반추위 발효성상 비교연구)

  • Mbiriri, David Tinotenda;Oh, Sung-Jin;Lee, A-Reum;Chae, Jung-Il;Choi, Chang-Weon;Choi, Nag-Jin
    • Korean Journal of Organic Agriculture
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    • v.20 no.2
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    • pp.221-230
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    • 2012
  • Rumen fermentative characteristic is useful indicators of the quality of ruminant feed stuffs and diets. An in vitro rumen fermentation experiment was therefore carried out to compare fermentation patterns among three forage sources. These were whole crop barley (WCBS), Italian ryegrass silage (IRGS) and rice straw silages (RSS). Rice straw (RS) was the control, making the treatments 4 in total. Forages were randomly allocated to serum bottles. The incubation times were arranged 0, 3, 6, 9, 12, 24, 48 and 72h at $39^{\circ}C$, respectively. Each forage source was replicated 3 times per incubation time. At each sampling time, total gas and pH were measured, whilst individual volatile fatty acids (VFAs), total volatile fatty acids (TVFAs) and ammonia nitrogen ($NH_3$-N) were determined later after storing samples at $-20^{\circ}C$. Acetate: Propionate ratio (A/P) was then calculated. Forage source had a significant effect (P<0.001) on pH and $NH_3$-N. RSS maintained higher pH values than the rest of the forage sources. A decreasing pH trend with increased time of incubation, in agreement with literature, was observed for all forage sources. WCBS recorded $NH_3$-N values higher than all the other treatments. Total gas, individual and total VFA and A/P ratio were not affected by forage source. However, there was a significant difference in all parameters (p<0.05) among forage sources at sampling periods at 3 to 72h. Therefore, the present results indicating that WCBS, IRGS, RS and RSS maintained in vitro rumen pH above the critical value. Also, WCBS produced the highest NH3-N and on this merit could be of better nutritive value, in vivo, in the ruminant.

대면적 Transformer coupled Plasma Source에서 파워결합에 관한 실험적 연구

  • 김희준;손명근;황용석
    • Proceedings of the Korean Vacuum Society Conference
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    • 1998.02a
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    • pp.166-166
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    • 1998
  • 반도체 공정에서 기존보다 큰 30cm 웨이퍼훌 이용하기 위해서 기존의 ECR, Helicon, ICP, 등 공정용 고 밀도 플라즈마 원들의 대면적화에 대한 연구가 세계적으로 진행되고 있다 현 상황에서는 평판형 안테 나룰 이용한 TCP가 대면적용 폴라즈마 원의 가장 유력한 후보로 여겨지고 있다 TCP롤 대면적화 하는 데 있어서 중요한 문제점으로는 대면적에서의 큰 안테나 인되턴스로 인한 임피던스 정합과 대면적에서 의 유전울질의 기계적 강도이다. 앓은 유전물질올 사용힐 수 있도록 대면적 TCP 플라즈마 원올 실계 저l작하였고 이차원 가열이론올 이용한 TCPRP code 률 이용하여 안테나의 반경옳 결정하였디 안테나의 인덕턴스 값올 줄이기 위해서는 주m수는 13.56MHz 보다 낮은 4-5MHz 부근에서 작동하는 RF 파워룰 선택하였다 이 파워 서플라이는 보통 사용되는 50n 흩력 입묘$\mid$던스훌 갖는 형태가 Of니라 LC 공진현상 올 이용하여 부하에 파워률 전달하는 형태이다 .. TCP 장치에 사용할 수 있도록 파워 서플라이 흩력 단에 안테나와 직혈로 가변 콘덴서를 달아서 임11I던스 정합올 힐 수 있게 하였다 안테나에 직훌로 달Of줌으 로써 안테니의 인덕턴스훌 훌여주는 효과훌 얻올 수 있다 안테나에 흐르는 전류룰 측정하기 위해서 사 각형 루프로 전류 픽업 코일을 만들었고 진공상태에서 RF 파워률 인가하고 안테나의 전류와 전압을 측정하여 픽업 코일걸과훌 조정하였다. 발생기체로는 헬륨올 사용하였고 1-100mTorr 의 압력범위에서 실험을 하였다 플라즈마롤 빌샘시키고 파워를 증가 시킴에 따라 E-H mode transition 현상이 관찰되었고 그 때의 임계 전류 값을 측정하였다. 압력이 낮올수록 모드 변화가 일어나는 전류의 값이 작았다 임계 전류는 압력에 대해서 선형적인 특성을 보였다 이는 압력이 낮을수록 유도걸힘이 더 잘 된다는 것을 의미한다 1 1 mTorr에서는 H-mode에서 안테나의 전류가 파워훌 증가시킴에 따라 계속 증가하였으니, 압력이 올라 갈수록 조금씩 증가하는 정도가 줄어들고. 100mTorr에서는 포화된 값을 나타냈다 H-mode로 넘어간 후 에는 파워가 증가황에 따라 안테나의 임피던스 값이 모든 압력영역에서 줄어드는 경황을 보였고, 이는 플라즈마의 인덕턴스에 의해서 안테나의 인덕턴스 기 감소되기 때문이다, 파워가 증가할수록 안테U오} 플라즈마 루프사이의 상호걸합이 증가하는 걸로 해석힐 수 있다 안테나의 인되턴스 변화보다는 저항.성 분의 변화가 컸다 하지만 전체 임피던스로 볼 때 저항성분이 상대적으로 작기 때문에 인덕턴스의 감소 가 더 큰 영향을 미치는 걸로 볼 수 있다. 하지만 플라즈마로의 파워 전달에는 저항성분만이 영향올 미 치므로 저항성분의 큰 변화는 파워가 많이 전달될올 의미한다 피워전달 효율을 계산해 본 결과 수 r mTorr 부근이 80-90% 정도의 높은 효율올 보였고 5mTorr 일 때가 가장 좋았다.

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Current Status and Perspective of Weed Management in Herbicide-Resistant Crops (제초제 저항성작물에서 잡초관리기술 동향 및 전망)

  • Pyon, Jong Yeong;Chang, Kyu Seob;Lee, Jeung Joo;Park, Kee Woong
    • Weed & Turfgrass Science
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    • v.2 no.3
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    • pp.221-229
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    • 2013
  • This paper reviews current status of weed control practices in herbicide-resistant crops to examine weed management strategies in cope with cropping herbicide-resistant crops in the near future. Herbicide-resistant crops were rapidly adopted weed management technologies due to broad-spectrum weed control without crop injury. Transgenic glyphosate-resistant cultivars in soybean, corn, canola, and cotton were adopted to manage weeds at lower cost in a simplified weed management system. Dual stack crops with glyphosate and glufosinate resistance were developed to control glyphosate resistant weeds in corn, soybean and cotton. New multiple herbicide-resistant crops with resistance to glyphosate and glufosinate, acetolactate synthase (ALS) inhibitors, synthetic auxin herbicides, 4-hydroxyphenyl pyruvate dioxygenase (HPPD) inhibitors or acetyl Coenzyme A carboxylase (ACCase) inhibitors will expended the utility of existing herbicide technologies to manage the evolution of resistant weeds. However, herbicide resistant crops alone cannot solve weed problems and thus studies on diverse weed managements using an array of alternating herbicides of mode of action, mechanical, and cultural practices are needed for integrated weed management systems in the future.

Macro and Microscopic Investigation on Fracture Specimen of Alloy 617 Base Metal and Weldment in Low Cycle Fatigue Regime (저사이클 피로 영역에서의 Alloy 617 모재와 용접재의 파괴 시험편에 대한 거시적 및 미시적 관찰)

  • Kim, Seon Jin;Dewa, Rando Tungga;Kim, Woo Gon;Kim, Eung Seon
    • Transactions of the Korean Society of Mechanical Engineers A
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    • v.40 no.6
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    • pp.565-571
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    • 2016
  • This paper investigates macro- and microscopic fractography performed on fracture specimens from low cycle fatigue (LCF) testings through an Alloy 617 base metal and weldments. The weldment specimens were taken from gas tungsten arc welding (GTAW) pad of Alloy 617. The aim of the present study is to investigate the macro- and microscopic aspects of the low cycle fatigue fracture mode and mechanism of Alloy 617 base metal and GTAWed weldment specimens. Fully axial total strain controlled fatigue tests were conducted at room temperature with total strain ranges of 0.6, 0.9, 1.2 and 1.5%. Macroscopic fracture surfaces of Alloy 617 base metal specimens showed a flat type normal to the fatigue loading direction, whereas the GTAWed weldment specimens were of a shear/star type. The fracture surfaces of both the base metal and weldment specimens revealed obvious fatigue striations at the crack propagation regime. In addition, the fatigue crack mechanism of the base metal showed a transgranular normal to fatigue loading direction; however, the GTAWed weldment specimens showed a transgranular at approximately $45^{\circ}$ to the fatigue loading direction.

Dry Magnetic Particle Inspection of Ingot Cast Billets (강편 빌레트의 건식 자분 탐상)

  • Kim, Goo-Hwa;Lim, Zhong-Soo;Lee, Eui-Wan
    • Journal of the Korean Society for Nondestructive Testing
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    • v.16 no.3
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    • pp.162-173
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    • 1996
  • Dry magnetic particle inspection(MPI) was performed to detect the surface defects of steel ingot cast billets. Magnetic properties of several materials were characterized by the measurement of the B-H hysteresis curve. The inspection results were evaluated in terms of the magnetizing current, temperature, and the amount of magnetic particles applied to billets. Magnetic flux leakage near the defect site of interest was measured and compared with the results of calculation by the finite element method in the case of direct magnetizing current. Direct and alternating magnetizing currents for materials were deduced by the comparison of the inspections. Results of the magnetic particle inspection by direct magnetizing current were compared with those of finite element method calculations, which were verified by measuring magnetic leakage flux above the surface and the surface defects of the material. For square rods, due to the geometrical effect, the magnetic flux density at the edges along the length of the rods was about 30% of that at the center of rod face for a sufficiently large direct magnetizing current, while it was about 70% for an alternating magnetizing current. Thus, an alternating magnetizing current generates rather uniform magnetic flux density over the rods, except for the region on the face across about 10 mm from the edge. The attraction of the magnetic particle by the magnetic leakage field was nearly independent of the surface temperature of the billets up to $150^{\circ}C$. However, the temperature should have been limited below $60^{\circ}C$ for an effective fixing of gathered magnetic particles to the billet surface using methylene chloride. We also found that the amount of applied magnetic particles tremendously affected the detection capability.

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