• Title/Summary/Keyword: Licenses

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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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Economic Analysis for Packaged Software Adoption : Considering the Number of Concurrent Users (동시 사용자수를 고려한 패키지 소프트웨어 구매에 관한 경제성 분석)

  • Yoon, Ho-Jung;Ahn, Jae-Kyoung
    • Journal of Information Technology Services
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    • v.10 no.4
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    • pp.119-131
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    • 2011
  • When your company buys packaged software, the company needs to determine how many software licenses must be purchased. If the quantity is too small, it will be not enough for the users to access the programs at anytime within the company. Conversely, if the quantity is too large, they will waste a lot of money. In this paper, we surveyed several number of researchers of K institute and derived the using pattern of a specific packaged software. We estimated a proper number of packaged software licenses by Erlang Loss Function, the Engset Model, and simulation model. With the results of the three methodologies, we were able to empirically verify economic benefits of packaged software purchase by comparing NPV (Net Present Value) between user licenses and network licenses. Consequently, TCO of user licenses is much higher than that of network licenses. We had probabilistically calculated proper number of licenses based on the using pattern of users. Hence, this paper will be useful for decision makers who are going to determine package software's type and quantity from an economic perspective.

A Study on the Problems and Improvement Measures of Licenses for Limited Fishery Business Related to Fisheries Damage due to Public Works Projects (공익사업에 따른 어업피해 관련 한정어업면허에 대한 문제점 및 개선방안에 관한 연구)

  • Seung-Woo Ryu;Eun-Chan Yoon;Kyoung-A Kang
    • The Journal of Fisheries Business Administration
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    • v.55 no.1
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    • pp.21-35
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    • 2024
  • In this study, we collected and analyzed the current status of licenses for the limited fishery business and divided the problems related to licenses for the limited fishery business into partial damage compensation and cancellation compensation areas. In the case of partial damage compensation areas due to existing public water use projects, it is suggested that the issuance of licenses for limited fishery businesses should be reconsidered. In the case of cancellation compensation areas, it is recommended that the disposition of communal fishery businesses that do not require capital investment should be the principle. If capital such as facilities are invested, compensation should be made by Article 52 of the Enforcement Decree of the Land Compensation Act if the licenses for limited fishery business are closed due to other development projects. In addition, we proposed an improvement plan to establish a rational management system for licenses for limited fishery businesses. In addition to these improvement measures, we hope that further investigation and research on licenses for limited fishery business, which have been insufficient so far, will be conducted to promote the comprehensive use of fisheries resources and waters and the sustainable development of fisheries that are the objectives of the Fisheries Act, and contribute to the improvement of the quality of life of the people and the balanced development of the national economy.

Reduction of Groundwater Licences for Groundwater Management Areas in Jeju Island (제주도 지하수특별관리구역의 지하수이용허가권 조정방안)

  • Yang, Yun-Seok;Yang, Sung-Kee
    • Journal of Environmental Science International
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    • v.16 no.7
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    • pp.839-845
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    • 2007
  • It is necessary to draw up many plans to solve problems in the management of groundwater resources in Jeju Island while systematically develop and utilize water resources at an optimal level. It also seems to an evitable option to establish Groundwater Management Areas in Jeju Island. The excess use of groundwater could be discouraged by imposing charges on those licenses. Such policy as allowance trading system do not appear to be because of transaction costs, but could be applied if only were accompanied by complementary method. The methods of using and conserving the limited resources of groundwater should be founded through socially agreeable and appropriate ways. The policy complemented allowance trading system by Pigouian tax could be effective to regulate licenses. This is cutting the numbers of licenses at a constant rate, imposing charges on those who want to continue using licenses, and reimbursing in cash to those who return the licenses.

A Study on E-Book Conflicts and Type of License (전자책 갈등과 라이선스 유형에 관한 연구)

  • Hosin Lee
    • Journal of the Korean Society for information Management
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    • v.40 no.1
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    • pp.199-224
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    • 2023
  • The purpose of this study is to develop a reasonable improvement plan for e-book licenses as a prerequisite for the continued operation of library e-book services. The study aims to understand the fierce conflict surrounding e-book licenses between domestic libraries and the publishing industry and to propose solutions based on this understanding. To achieve this, the legal meaning of e-book licenses is analyzed, and the fundamental reasons for conflict between the publishing industry and libraries are examined in relation to the characteristics of e-books. In addition, various types of e-book licenses are classified, and the status of library e-book licenses and conflicts in major countries around the world, including Korea, the United States, Germany, France, and Japan, are investigated. Based on this, implications that can help resolve domestic issues are presented.

Directions for the Improvement of Coastal Fisheries Management (연안어업의 관리제도 개선방향 - 어선어업 을 중심으로 -)

  • Shin, Young-Tae;Kim, Seung
    • The Journal of Fisheries Business Administration
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    • v.33 no.1
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    • pp.69-85
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    • 2002
  • Reduction of fishing grounds, which was caused by the recent fisheries agreements between Korea, Japan, and China, Is Increasing the important of coastal fisheries. Korea's coastal fisheries, however, need special management measures owing to the following problems. First, there are too many fishing fleets even though fisheries resources are continuously decreasing. Despite the fact that some of the fishing vessels have been scrapped, there still remain too many vessels and especially approximately 27,000 vessels increased during 1997-1998. Second, as the condition of fisheries resources changed radically, many fishermen are fishing by methods which they were not permitted to. These fishing methods cannot be legally supported and so there is a huge gap between the system and the reality, Third, two or three licenses are given to each coastal fishing vessel because a single license cannot give sufficient income, but some of these are formally acquired. So under such circumstances, efficient management of fisheries is impossible. Fourth, absence of demarcation among regions and industries is causing frequent conflicts and there are concerns about the decreasing fisheries resources due to competitive fishing practices. Therefore, considering the above mentioned problems Korea's coastal fisheries management should be developed as the following: First, new licenses should be limited while expanding the buy-back program. The government is currently planning to limit new licenses by introducing the fixed license number system in coastal fisheries but is somewhat passive about the buy-back program. Second, fisheries management which is based on self-regulation should be established. In order to increase the effect of fisheries management, the fishermen should decide by themselves the fish and fishing methods they would be exploiting and directly regulate them. Third, it is necessary to integrate the licenses of coastal fisheries. Since coastal fisheries management through the license system has distinct limitations, it is preferable to unify risking licenses and let the fishermen decide specific matters on their own. Finally, it is necessary to establish boundaries among the regions and industries. Joint fishing areas among regions(cities and provinces) should be established and fishing in other areas should be permitted on condition of paying the required fees. On the other hand, it is also necessary to permit coastal fishing only within certain distances.

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A Study on Improving Aircraft Maintenance Licensing System of South Korea for Mutual Recognition Between Countries

  • Oh, Kwon-suk;Lee, Hakbong;Yoo, Kwang-Eui
    • Journal of Aerospace System Engineering
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    • v.14 no.6
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    • pp.36-43
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    • 2020
  • The purpose of this study is to present the internationalization of South Korea's aircraft maintenance certificate for mutual recognition of aircraft maintenance license qualifications among various countries in preparation for an internationalization of the work conducted by the aviation industry. To achieve this objective, this study reviews the aircraft maintenance license training system and compares the standards for aircraft maintenance certification established by the Convention on International Civil Aviation with the standards for issuing domestic aircraft maintenance licenses. This comparative analysis shows that the domestic curriculum of aircraft maintenance licenses differs from international standards. As a result of this study, an improvement plan of the education content was proposed to enable the licensing qualifications of domestic aircraft maintenance licenses to be mutually recognized among different countries.

Analyzing Important Factors that Influence Anglers Support for Fishing License -Focused on the Extend Theory of Planned Behavior- (낚시면허제 지지 영향 요인 분석 -확장된 계획 행동이론을 중심으로-)

  • Jang, An-Seong;Oh, Chi-Ok
    • The Journal of Fisheries Business Administration
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    • v.48 no.2
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    • pp.67-82
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    • 2017
  • The study intends to examine the effects of the fishing license system on fisheries resources in order to reduce the adverse effects of recreational fishing, such as fishery resource reduction and environmental pollution. In doing so, the research question of the study is to determine what factors influence anglers' willingness to support fishing licenses. Based on the extended theory of planned behavior, we further included explanatory variables such as recreation specialization and motivations besides anglers' attitudes, norms and self-efficacy towards the environment and proposed six research hypotheses. The data were collected through on-site and online surveys in Gwangju and Cheonnam province and a total of 337 effective questionnaires were collected for data analysis. Three different binary logit models were employed with the dependent variable of anglers'willingness to support fishing licenses to assess the effects of explanatory variables. Study results show that social norms, the level of recreation specialization, motivation factors related to environmental experiences positively affected anglers'willingness to support fishing licenses. However, anglers'consumptive orientation attitudes such as catching big fish, motivation factors related to activity general experience preferences and previous fishing experience had negative effects on the dependent variables. Study results indicate that public outreach and education programs are essential to successfully introduce the fishing license system. Managerial and policy-related implications are further discussed to make recreational fishing a more environment-friendly recreational activity. This study investigated the effects of diverse variables derived from anglers' social-psychological characteristics on their support for fishing licenses and suggest diverse policy-related and managerial implications.

Member/Group License Mechanism for Secure and Flexible Sharing of Protected Contents in DRM Systems (DRM 기술로 보호된 컨텐츠의 융통성 있는 공유를 위한 멤버/그룹 라이선스 메커니즘)

  • Chang Hai Jin
    • The KIPS Transactions:PartC
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    • v.11C no.6 s.95
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    • pp.739-746
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    • 2004
  • License mechanisms are the key elements in almost all DRM(digital rights management) systems. The license mechanisms are designed for the clear identification and enforcement of contents, principals, and usage rules in DRM systems. But current license mechanisms are lacking in the flexibility for the secure and efficient sharing of the contents among the members of a group such as a family or a part of an enterprise. This paper suggests a new license mechanism for efficient and secure sharing of contents in DRM systems among the members of a group. We named it member/group license mechanism. The mechanism extends the current license mechanisms by introducing new concepts such as group licenses, member licenses, and derivation relationships between licenses.

An Automation of CAD Tool License Sharing Scheme Within a Design Working Group (디자인 워킹 그룹을 위한 CAD 툴 라이센스 공유 기법의 자동화)

  • Jung Sung-Heon;Jhang Kyoung-Son;Yim In-Sung
    • Journal of KIISE:Computing Practices and Letters
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    • v.12 no.1
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    • pp.1-8
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    • 2006
  • Since most CAD tool companies are carrying out very expensive license policies, designers are sharing CAD tools with a limited number of licenses within a design working or research group. It is important to share and use them efficiently, because CAD tool licenses are very valuable resources. Designers should know CAD tool license information such as available number of licenses, types, and configuration methods to use CAD tools properly in their group. Usually, this information is provided by managers who administrate CAD tool license servers in the specific design group. In the previous CAD tool licenses sharing methods, designers have to get CAD tool license information manually and setup the environments with their own hands, If a new designer comes into the design working group, the designer wastes unnecessary time and effort due to these manual processes. As a result, designer's productivity and utilization of CAD tools will decrease. Besides, managers also waste their time and effort, since they should provide CAD tool license information manually to each desiEner. In this paper, we present a more efficient scheme to share CAD tool licenses based on directory service. The proposed method automates not only the communication processes between managers and designers, but also the license configuration steps. We expect this scheme will reduce time and effort of designers and managers as well as enhance the utilization of CAD tools.