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113-473: An end-user license agreement or EULA ( / ˈ j uː l ə / ) is a legal contract between a software supplier and a customer or end-user . The practice of selling licenses to rather than copies of software predates the recognition of software copyright , which has been recognized since the 1970s in the United States. Initially, EULAs were often printed as shrink wrap contracts , where tearing
226-401: A jury , and aggressive pretrial "law and motion" practice designed to result in a pretrial disposition (that is, summary judgment ) or a settlement. U.S. courts pioneered the concept of the opt-out class action , by which the burden falls on class members to notify the court that they do not wish to be bound by the judgment, as opposed to opt-in class actions, where class members must join into
339-509: A vulnerability . Software patches are often released to fix identified vulnerabilities, but those that remain unknown ( zero days ) as well as those that have not been patched are still liable for exploitation. Vulnerabilities vary in their ability to be exploited by malicious actors, and the actual risk is dependent on the nature of the vulnerability as well as the value of the surrounding system. Although some vulnerabilities can only be used for denial of service attacks that compromise
452-520: A web application —had become the primary method that companies deliver applications. Software companies aim to deliver a high-quality product on time and under budget. A challenge is that software development effort estimation is often inaccurate. Software development begins by conceiving the project, evaluating its feasibility, analyzing the business requirements, and making a software design . Most software projects speed up their development by reusing or incorporating existing software, either in
565-548: A British classic or two, a famous old case, or a nod to Blackstone ; but current British law almost never gets any mention." Foreign law has never been cited as binding precedent, but as a reflection of the shared values of Anglo-American civilization or even Western civilization in general. Federal law originates with the Constitution, which gives Congress the power to enact statutes for certain limited purposes like regulating interstate commerce . The United States Code
678-457: A change request. Frequently, software is released in an incomplete state when the development team runs out of time or funding. Despite testing and quality assurance , virtually all software contains bugs where the system does not work as intended. Post-release software maintenance is necessary to remediate these bugs when they are found and keep the software working as the environment changes over time. New features are often added after
791-486: A code's correct and efficient behavior, its reusability and portability , or the ease of modification. It is usually more cost-effective to build quality into the product from the beginning rather than try to add it later in the development process. Higher quality code will reduce lifetime cost to both suppliers and customers as it is more reliable and easier to maintain . Software failures in safety-critical systems can be very serious including death. By some estimates,
904-429: A contract offering payment to a reader who notices the clause. As an April Fool's Day joke, Gamestation added a clause stating that users who placed an order on April 1, 2010, agreed to irrevocably give their soul to the company, which 7,500 users agreed to. Although there was a checkbox to exempt out of the "immortal soul" clause, few users checked it and thus Gamestation concluded that 88% of their users did not read
1017-452: A court as persuasive authority as to how a particular statute or regulation may be interpreted (known as Skidmore deference), but are not entitled to Chevron deference. Unlike the situation with the states, there is no plenary reception statute at the federal level that continued the common law and thereby granted federal courts the power to formulate legal precedent like their English predecessors. Federal courts are solely creatures of
1130-403: A customer agreed if they did not return the product within a specified interval. After the advent of the internet, EULAs are more often found in clickwrap format where the user only needs to click an agree button. Without the constraints of having to print the license, the length of the agreements ballooned. Another type of license, browserwrap , intuits the user's consent after they simply visit
1243-581: A final version is published in the Federal Register. The regulations are codified and incorporated into the Code of Federal Regulations (CFR) which is published once a year on a rolling schedule. Besides regulations formally promulgated under the APA, federal agencies also frequently promulgate an enormous amount of forms, manuals, policy statements, letters, and rulings. These documents may be considered by
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#17327730429391356-597: A handful of areas like insurance , Congress has enacted laws expressly refusing to regulate them as long as the states have laws regulating them (see, e.g., the McCarran–Ferguson Act ). After the president signs a bill into law (or Congress enacts it over the president's veto), it is delivered to the Office of the Federal Register (OFR) of the National Archives and Records Administration (NARA) where it
1469-430: A large number of employees often negotiate the licensing agreement with the vendor. According to one study, economic competition from different software services leads to EULAs more favorable to the customer. According to United States federal law , a company can restrict the parties to which it sells but it cannot prevent a buyer from reselling the product. Software licensing agreements usually prohibit resale, enabling
1582-443: A legal regime where liability for software products is significantly curtailed compared to other products. Source code is protected by copyright law that vests the owner with the exclusive right to copy the code. The underlying ideas or algorithms are not protected by copyright law, but are often treated as a trade secret and concealed by such methods as non-disclosure agreements . Software copyright has been recognized since
1695-438: A legislative branch which enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances. They retain plenary power to make laws covering anything not preempted by the federal Constitution, federal statutes, or international treaties ratified by
1808-426: A lesser form of judicial deference known as Skidmore deference . Many lawsuits turn on the meaning of a federal statute or regulation, and judicial interpretations of such meaning carry legal force under the principle of stare decisis . During the 18th and 19th centuries, federal law traditionally focused on areas where there was an express grant of power to the federal government in the federal Constitution, like
1921-409: A matter of fundamental fairness, and second, because in the absence of case law, it would be completely unworkable for every minor issue in every legal case to be briefed, argued, and decided from first principles (such as relevant statutes, constitutional provisions, and underlying public policies), which in turn would create hopeless inefficiency, instability, and unpredictability, and thereby undermine
2034-415: A medical issue and others categorizing the same offense as a serious felony . The law of criminal procedure in the United States consists of a massive overlay of federal constitutional case law interwoven with the federal and state statutes that actually provide the foundation for the creation and operation of law enforcement agencies and prison systems as well as the proceedings in criminal trials. Due to
2147-413: A perpetual license to use a particular version of the software. Software as service (SaaS) vendors—who have the majority market share in application software as of 2023—rarely offer perpetual licenses. SaaS licenses are usually temporary and charged on a pay-per-usage or subscription basis, although other revenue models such as freemium are also used. Even if the user purchases a perpetual license, it
2260-463: A provision to sell the user's soul to the company. The source code (or compiled binaries in the form of object code ) of a computer program is protected by copyright law that vests the owner with the exclusive right to copy the code. The underlying ideas or algorithms are not protected by copyright law, but are often treated as a trade secret and concealed by such methods as non-disclosure agreements . Software copyright has been recognized since
2373-470: A quick web search . Most creative professionals have switched to software-based tools such as computer-aided design , 3D modeling , digital image editing , and computer animation . Almost every complex device is controlled by software. United States federal law The law of the United States comprises many levels of codified and uncodified forms of law , of which the supreme law
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#17327730429392486-495: A significant role in the distribution of software products. The first use of the word software is credited to mathematician John Wilder Tukey in 1958. The first programmable computers, which appeared at the end of the 1940s, were programmed in machine language . Machine language is difficult to debug and not portable across different computers. Initially, hardware resources were more expensive than human resources . As programs became complex, programmer productivity became
2599-649: A small number of important British statutes in effect at the time of the Revolution have been independently reenacted by U.S. states. Two examples are the Statute of Frauds (still widely known in the U.S. by that name) and the Statute of 13 Elizabeth (the ancestor of the Uniform Fraudulent Transfer Act). Such English statutes are still regularly cited in contemporary American cases interpreting their modern American descendants. Despite
2712-514: A specific version of the software, downloaded, and run on hardware belonging to the purchaser. The rise of the Internet and cloud computing enabled a new model, software as a service (SaaS), in which the provider hosts the software (usually built on top of rented infrastructure or platforms ) and provides the use of the software to customers, often in exchange for a subscription fee . By 2023, SaaS products—which are usually delivered via
2825-529: A subsequent statute. Many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional. However, under the principle of stare decisis , a lower court that enforces an unconstitutional statute will be reversed by the Supreme Court. Conversely, any court that refuses to enforce a constitutional statute will risk reversal by the Supreme Court. The United States and most Commonwealth countries are heirs to
2938-415: A system's availability, others allow the attacker to inject and run their own code (called malware ), without the user being aware of it. To thwart cyberattacks, all software in the system must be designed to withstand and recover from external attack. Despite efforts to ensure security, a significant fraction of computers are infected with malware. Programming languages are the format in which software
3051-408: A website and are made aware of the terms of use . EULAs are often written in vague language, and do not inform the customer of the limitations on the agreement's enforceability. Most EULAs have been designed so that it is very difficult to read and understand them, but easy to agree to the licensing terms without reading them. Regardless of how easy it is to access, very few consumers read any part of
3164-400: A willingness to reconsider others. And that willingness could itself threaten to substitute disruption, confusion, and uncertainty for necessary legal stability. We have not found here any factors that might overcome these considerations. It is now sometimes possible, over time, for a line of precedents to drift from the express language of any underlying statutory or constitutional texts until
3277-427: A year or less in jail and a substantial fine. To simplify the prosecution of traffic violations and other relatively minor crimes, some states have added a third level, infractions . These may result in fines and sometimes the loss of one's driver's license, but no jail time. On average, only three percent of criminal cases are resolved by jury trial; 97 percent are terminated either by plea bargaining or dismissal of
3390-441: Is no general federal common law . Although federal courts can create federal common law in the form of case law, such law must be linked one way or another to the interpretation of a particular federal constitutional provision, statute, or regulation (which was either enacted as part of the Constitution or pursuant to constitutional authority). Federal courts lack the plenary power possessed by state courts to simply make up law, which
3503-526: Is assigned a law number, and prepared for publication as a slip law . Public laws, but not private laws, are also given legal statutory citation by the OFR. At the end of each session of Congress, the slip laws are compiled into bound volumes called the United States Statutes at Large , and they are known as session laws . The Statutes at Large present a chronological arrangement of the laws in
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3616-425: Is common for EULAs to allow unilateral termination by the vendor for any number of vague reasons or none at all. Furthermore, many EULAs allow the vendor to change the terms at any time and the customer must choose between agreeing or ceasing use of the product, without getting a refund. EULAs are also applicable to in-app purchases and microtransactions . As a result, players could lose access to purchased content if
3729-406: Is lower, but has been enforced in some cases where it can be proven that the user was presented with the terms of use and continued to use the website. EULAs are primarily legal documents with IT terminology. As such, knowledge in several different domains may be necessary to produce a satisfactory translation. There have been numerous attempts to make fun of EULAs not being read. Some EULAs bury
3842-462: Is not repugnant to domestic law or indigenous conditions. Some reception statutes impose a specific cutoff date for reception, such as the date of a colony's founding, while others are deliberately vague. Thus, contemporary U.S. courts often cite pre-Revolution cases when discussing the evolution of an ancient judge-made common law principle into its modern form, such as the heightened duty of care traditionally imposed upon common carriers . Second,
3955-423: Is permitted in some states but not others. Three strikes laws in certain states impose harsh penalties on repeat offenders. Some states distinguish between two levels: felonies and misdemeanors (minor crimes). Generally, most felony convictions result in lengthy prison sentences as well as subsequent probation , large fines , and orders to pay restitution directly to victims; while misdemeanors may lead to
4068-460: Is the most prominent of the small number of remaining equity courts. Thirty-five states have adopted rules of civil procedure modeled after the FRCP (including rule numbers). However, in doing so, they had to make some modifications to account for the fact that state courts have broad general jurisdiction while federal courts have relatively limited jurisdiction. New York, Illinois, and California are
4181-471: Is the nation's Constitution , which prescribes the foundation of the federal government of the United States, as well as various civil liberties . The Constitution sets out the boundaries of federal law, which consists of Acts of Congress , treaties ratified by the Senate , regulations promulgated by the executive branch , and case law originating from the federal judiciary . The United States Code
4294-402: Is the official compilation and codification of general and permanent federal statutory law. The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In
4407-571: Is the official compilation and codification of the general and permanent federal statutes. Many statutes give executive branch agencies the power to create regulations , which are published in the Federal Register and codified into the Code of Federal Regulations . From 1984 to 2024, regulations generally also carried the force of law under the Chevron doctrine , but are now subject only to
4520-540: Is usually expressed in the form of various legal rights and duties). (The remainder of this article requires the reader to be already familiar with the contents of the separate article on state law .) Criminal law involves the prosecution by the state of wrongful acts which are considered to be so serious that they are a breach of the sovereign's peace (and cannot be deterred or remedied by mere lawsuits between private parties). Generally, crimes can result in incarceration , but torts (see below) cannot. The majority of
4633-453: Is written. Since the 1950s, thousands of different programming languages have been invented; some have been in use for decades, while others have fallen into disuse. Some definitions classify machine code —the exact instructions directly implemented by the hardware—and assembly language —a more human-readable alternative to machine code whose statements can be translated one-to-one into machine code—as programming languages. Programs written in
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4746-620: The California constitutional convention was already complaining: "Now, when we require them to state the reasons for a decision, we do not mean they shall write a hundred pages of detail. We [do] not mean that they shall include the small cases, and impose on the country all this fine judicial literature, for the Lord knows we have got enough of that already." Today, in the words of Stanford law professor Lawrence M. Friedman : "American cases rarely cite foreign materials. Courts occasionally cite
4859-452: The Erie doctrine is that federal courts cannot dictate the content of state law when there is no federal issue (and thus no federal supremacy issue) in a case. When hearing claims under state law pursuant to diversity jurisdiction , federal trial courts must apply the statutory and decisional law of the state in which they sit, as if they were a court of that state, even if they believe that
4972-486: The Federal Arbitration Act (which has been interpreted to cover all contracts arising under federal or state law), arbitration clauses are generally enforceable unless the party resisting arbitration can show unconscionability or fraud or something else which undermines the entire contract. Tort law generally covers any civil action between private parties arising from wrongful acts that amount to
5085-484: The Judiciary Acts ), and the beginning of regular verbatim publication of U.S. appellate decisions by West Publishing . The rule gradually developed, case-by-case, as an extension of the judiciary's public policy of effective judicial administration (that is, in order to efficiently exercise the judicial power). The rule of binding precedent is generally justified today as a matter of public policy, first, as
5198-438: The high-level programming languages used to create software share a few main characteristics: knowledge of machine code is not necessary to write them, they can be ported to other computer systems, and they are more concise and human-readable than machine code. They must be both human-readable and capable of being translated into unambiguous instructions for computer hardware. The invention of high-level programming languages
5311-605: The machine language specific to the hardware. The introduction of high-level programming languages in 1958 allowed for more human-readable instructions, making software development easier and more portable across different computer architectures . Software in a programming language is run through a compiler or interpreter to execute on the architecture's hardware. Over time, software has become complex, owing to developments in networking , operating systems , and databases . Software can generally be categorized into two main types: The rise of cloud computing has introduced
5424-538: The military , money , foreign relations (especially international treaties), tariffs , intellectual property (specifically patents and copyrights ), and mail . Since the start of the 20th century, broad interpretations of the Commerce and Spending Clauses of the Constitution have enabled federal law to expand into areas like aviation , telecommunications , railroads , pharmaceuticals , antitrust , and trademarks . In some areas, like aviation and railroads,
5537-451: The rule of law . The contemporary form of the rule is descended from Justice Louis Brandeis 's "landmark dissent in 1932's Burnet v. Coronado Oil & Gas Co .", which "catalogued the Court's actual overruling practices in such a powerful manner that his attendant stare decisis analysis immediately assumed canonical authority." Here is a typical exposition of how public policy supports
5650-458: The 1996 ProCD, Inc. v. Zeidenberg in the United States, shrinkwrap licenses were not held to be binding, but since then they often have been. In some shrinkwrap cases the customer was found not to have consented to the EULA and was therefore not bound by it. Clickwrap has been found generally to be enforceable—even when the license terms are provided after the sale. The enforceability of browserwrap
5763-466: The United Kingdom lacked a coherent court hierarchy prior to the end of the 19th century. Furthermore, English judges in the eighteenth century subscribed to now-obsolete natural law theories of law, by which law was believed to have an existence independent of what individual judges said. Judges saw themselves as merely declaring the law which had always theoretically existed, and not as making
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#17327730429395876-479: The United States, the law is derived from five sources: constitutional law , statutory law , treaties, administrative regulations , and the common law (which includes case law). If Congress enacts a statute that conflicts with the Constitution, state or federal courts may rule that law to be unconstitutional and declare it invalid. Notably, a statute does not automatically disappear merely because it has been found unconstitutional; it may, however, be deleted by
5989-413: The actual "living law" of contract , tort , property , probate , criminal and family law , experienced by citizens on a day-to-day basis) consists primarily of state law , which, while sometimes harmonized, can and does vary greatly from one state to the next. Even in areas governed by federal law, state law is often supplemented, rather than preempted. At both the federal and state levels, with
6102-529: The agreement. During the installation of version 4 of the Advanced Query Tool the installer measured the elapsed time between the appearance and the acceptance of the end-user license agreements to calculate the average reading speed. If the agreements were accepted fast enough, a popup congratulated the users for reading several hundred words per second. South Park parodied this in the episode " HumancentiPad ", where Kyle had neglected to read
6215-629: The agreements, perhaps because users rarely resort to the legal system to challenge them. Under the New Digital Content Directive effective since 2022 in the European Union, EULAs are only enforceable to the extent that they do not breach reasonable consumer expectations. The gap between expectations and the content of EULAs is especially wide when it comes to restrictions on copying and transferring ownership of digital content. In Germany, EULAs are only valid if known to
6328-406: The average American citizen is subject to the rules and regulations of several dozen different agencies at the federal, state, and local levels, depending upon one's current location and behavior. American lawyers draw a fundamental distinction between procedural law (which controls the procedure by which legal rights and duties are vindicated) and substantive law (the actual substance of law, which
6441-399: The bottleneck. The introduction of high-level programming languages in 1958 hid the details of the hardware and expressed the underlying algorithms into the code . Early languages include Fortran , Lisp , and COBOL . There are two main types of software: Software can also be categorized by how it is deployed . Traditional applications are purchased with a perpetual license for
6554-405: The charges. For public welfare offenses where the state is punishing merely risky (as opposed to injurious) behavior, there is significant diversity across the various states. For example, punishments for drunk driving varied greatly prior to 1990. State laws dealing with drug crimes still vary widely, with some states treating possession of small amounts of drugs as a misdemeanor offense or as
6667-473: The class. Another unique feature is the so-called American Rule under which parties generally bear their own attorneys' fees (as opposed to the English Rule of "loser pays"), though American legislators and courts have carved out numerous exceptions. Contract law covers obligations established by agreement (express or implied) between private parties. Generally, contract law in transactions involving
6780-405: The common law legal tradition of English law. Certain practices traditionally allowed under English common law were expressly outlawed by the Constitution, such as bills of attainder and general search warrants. As common law courts, U.S. courts have inherited the principle of stare decisis . American judges, like common law judges elsewhere, not only apply the law, they also make the law, to
6893-436: The company to maximize revenue. Proprietary software is usually offered under a restrictive license that bans copying and reuse and often limits the purchaser to using the software on one computer. Source code is rarely available. Derivative software works and reverse engineering are usually explicitly prohibited. The issue of reuse is particularly important in the copyright law of English-speaking countries. Many EULAs allow
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#17327730429397006-584: The copyright of derivative works, such as user-generated content in video games. Enforceability of EULAs has been a controversial issue and varies by jurisdiction. In the United States, it is possible to enforce a EULA that is shown to the customer after purchase, but this is not the case in Germany. European Union law only allows for enforcement of EULAs insofar as they do not breach reasonable customer expectations. There have been numerous attempts to make fun of EULAs that are not read, for example by including
7119-404: The correctness of code, while user acceptance testing helps to ensure that the product meets customer expectations. There are a variety of software development methodologies , which vary from completing all steps in order to concurrent and iterative models. Software development is driven by requirements taken from prospective users, as opposed to maintenance, which is driven by events such as
7232-400: The cost of poor quality software can be as high as 20 to 40 percent of sales. Despite developers' goal of delivering a product that works entirely as intended, virtually all software contains bugs. The rise of the Internet also greatly increased the need for computer security as it enabled malicious actors to conduct cyberattacks remotely. If a bug creates a security risk, it is called
7345-419: The cost of products. Unlike copyrights, patents generally only apply in the jurisdiction where they were issued. Engineer Capers Jones writes that "computers and software are making profound changes to every aspect of human life: education, work, warfare, entertainment, medicine, law, and everything else". It has become ubiquitous in everyday life in developed countries . In many cases, software augments
7458-455: The court system. Legal scholar Anthony Michael Catton suggests that user-generated content should be considered jointly authored by the video game developers and the users. Some companies do allow video footage of their games to be distributed online, even for profit. Traditionally, software was distributed in the form of binary object code that could not be understood or modified by the user, but could be downloaded and run. The user bought
7571-460: The courts' decisions establish doctrines that were not considered by the texts' drafters. This trend has been strongly evident in federal substantive due process and Commerce Clause decisions. Originalists and political conservatives, such as Associate Justice Antonin Scalia have criticized this trend as anti-democratic. Under the doctrine of Erie Railroad Co. v. Tompkins (1938), there
7684-542: The crimes committed in the United States are prosecuted and punished at the state level. Federal criminal law focuses on areas specifically relevant to the federal government like evading payment of federal income tax, mail theft, or physical attacks on federal officials, as well as interstate crimes like drug trafficking and wire fraud. All states have somewhat similar laws in regard to "higher crimes" (or felonies ), such as murder and rape , although penalties for these crimes may vary from state to state. Capital punishment
7797-437: The customer before purchase. The United Kingdom's National Consumer Council undertook a study published in 2008 which found issues with the way 17 major IT businesses had been using EULA's and asked the Office of Fair Trading to undertake an investigation. As of 2020, the enforceability of EULAs and provisions granting copyright of all derivative works to the developer has not been judicially tested in United Kingdom. Before
7910-488: The dual sovereign system of American federalism (actually tripartite because of the presence of Indian reservations ), states are the plenary sovereigns , each with their own constitution , while the federal sovereign possesses only the limited supreme authority enumerated in the Constitution. Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights. Thus U.S. law (especially
8023-613: The exact order that they have been enacted. Public laws are incorporated into the United States Code , which is a codification of all general and permanent laws of the United States. The main edition is published every six years by the Office of the Law Revision Counsel of the House of Representatives , and cumulative supplements are published annually. The U.S. Code is arranged by subject matter, and it shows
8136-552: The exception of the legal system of Louisiana , the law of the United States is largely derived from the common law system of English law , which was in force in British America at the time of the American Revolutionary War . However, American law has diverged greatly from its English ancestor both in terms of substance and procedure and has incorporated a number of civil law innovations. In
8249-412: The extent that their decisions in the cases before them become precedent for decisions in future cases. The actual substance of English law was formally "received" into the United States in several ways. First, all U.S. states except Louisiana have enacted " reception statutes " which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it
8362-607: The federal Constitution and the federal Judiciary Acts. However, it is universally accepted that the Founding Fathers of the United States , by vesting "judicial power" into the Supreme Court and the inferior federal courts in Article Three of the United States Constitution , thereby vested in them the implied judicial power of common law courts to formulate persuasive precedent ; this power
8475-450: The federal Senate. Normally, state supreme courts are the final interpreters of state constitutions and state law, unless their interpretation itself presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court by way of a petition for writ of certiorari . State laws have dramatically diverged in the centuries since independence, to the extent that the United States cannot be regarded as one legal system as to
8588-439: The federal government has developed a comprehensive scheme that preempts virtually all state law, while in others, like family law, a relatively small number of federal statutes (generally covering interstate and international situations) interacts with a much larger body of state law. In areas like antitrust, trademark, and employment law , there are powerful laws at both the federal and state levels that coexist with each other. In
8701-438: The form of commercial off-the-shelf (COTS) or open-source software . Software quality assurance is typically a combination of manual code review by other engineers and automated software testing . Due to time constraints, testing cannot cover all aspects of the software's intended functionality, so developers often focus on the most critical functionality. Formal methods are used in some safety-critical systems to prove
8814-439: The functionality of existing technologies such as household appliances and elevators . Software also spawned entirely new technologies such as the Internet , video games , mobile phones , and GPS . New methods of communication, including email , forums , blogs , microblogging , wikis , and social media , were enabled by the Internet. Massive amounts of knowledge exceeding any paper-based library are now available with
8927-409: The issue, but has signaled in dicta that it sides with this rule. Therefore, in those states, there is only one federal court that binds all state courts as to the interpretation of federal law and the federal Constitution: the U.S. Supreme Court itself. The fifty American states are separate sovereigns , with their own state constitutions , state governments , and state courts . All states have
9040-433: The latter are able to do in the absence of constitutional or statutory provisions replacing the common law. Only in a few narrow limited areas, like maritime law, has the Constitution expressly authorized the continuation of English common law at the federal level (meaning that in those areas federal courts can continue to make law as they see fit, subject to the limitations of stare decisis ). The other major implication of
9153-428: The law. Therefore, a judge could reject another judge's opinion as simply an incorrect statement of the law, in the way that scientists regularly reject each other's conclusions as incorrect statements of the laws of science. In turn, according to Kozinski's analysis, the contemporary rule of binding precedent became possible in the U.S. in the nineteenth century only after the creation of a clear court hierarchy (under
9266-404: The license agreement. Most assume the terms are unobjectionable or barely notice agreeing while installing the software. Companies take advantage of consumers' inattention to insert provisions into EULAs. Many assert that the purchaser is an adult and takes responsibility for minors' use of the product, to relieve the vendor of the issue of contracting with a minor and liability from minors' use of
9379-1139: The majority of types of law traditionally under state control, but must be regarded as 50 separate systems of tort law, family law, property law, contract law, criminal law, and so on. Most cases are litigated in state courts and involve claims and defenses under state laws. In a 2018 report, the National Center for State Courts ' Court Statistics Project found that state trial courts received 83.8 million newly filed cases in 2018, which consisted of 44.4 million traffic cases, 17.0 million criminal cases, 16.4 million civil cases, 4.7 million domestic relations cases, and 1.2 million juvenile cases. In 2018, state appellate courts received 234,000 new cases. By way of comparison, all federal district courts in 2016 together received only about 274,552 new civil cases, 79,787 new criminal cases, and 833,515 bankruptcy cases, while federal appellate courts received 53,649 new cases. States have delegated lawmaking powers to thousands of agencies , townships , counties , cities , and special districts . And all
9492-413: The mid-1970s and is vested in the company that makes the software, not the employees or contractors who wrote it. The tendency to license proprietary software —to sell the right of use of the software rather than a copy of the software—dates from the time period before the existence, then the scope of software copyright protection was clear . These licenses have continued in use after software copyright
9605-597: The mid-1970s and is vested in the company that makes the software, not the employees or contractors who wrote it. The use of most software is governed by an agreement ( software license ) between the copyright holder and the user. Proprietary software is usually sold under a restrictive license that limits copying and reuse (often enforced with tools such as digital rights management (DRM)). Open-source licenses , in contrast, allow free use and redistribution of software with few conditions. Most open-source licenses used for software require that modifications be released under
9718-462: The mid-19th century. Lawyers and judges used English legal materials to fill the gap. Citations to English decisions gradually disappeared during the 19th century as American courts developed their own principles to resolve the legal problems of the American people. The number of published volumes of American reports soared from eighteen in 1810 to over 8,000 by 1910. By 1879 one of the delegates to
9831-542: The most famous is the Miranda warning . The writ of habeas corpus is often used by suspects and convicts to challenge their detention, while the Third Enforcement Act and Bivens actions are used by suspects to recover tort damages for police brutality. The law of civil procedure governs process in all judicial proceedings involving lawsuits between private parties. Traditional common law pleading
9944-664: The most significant states that have not adopted the FRCP. Furthermore, all three states continue to maintain most of their civil procedure laws in the form of codified statutes enacted by the state legislature, as opposed to court rules promulgated by the state supreme court, on the ground that the latter are undemocratic. But certain key portions of their civil procedure laws have been modified by their legislatures to bring them closer to federal civil procedure. Generally, American civil procedure has several notable features, including extensive pretrial discovery , heavy reliance on live testimony obtained at deposition or elicited in front of
10057-632: The new software delivery model Software as a Service (SaaS). In SaaS, applications are hosted by a provider and accessed over the Internet . The process of developing software involves several stages. The stages include software design , programming , testing , release , and maintenance . Software quality assurance and security are critical aspects of software development, as bugs and security vulnerabilities can lead to system failures and security breaches. Additionally, legal issues such as software licenses and intellectual property rights play
10170-472: The operating system) can take this saved file and execute it as a process on the computer hardware. Some programming languages use an interpreter instead of a compiler. An interpreter converts the program into machine code at run time , which makes them 10 to 100 times slower than compiled programming languages. Software is often released with the knowledge that it is incomplete or contains bugs. Purchasers knowingly buy it in this state, which has led to
10283-416: The perennial inability of legislatures in the U.S. to enact statutes that would actually force law enforcement officers to respect the constitutional rights of criminal suspects and convicts, the federal judiciary gradually developed the exclusionary rule as a method to enforce such rights. In turn, the exclusionary rule spawned a family of judge-made remedies for the abuse of law enforcement powers, of which
10396-555: The physical world may also be part of the requirements for a software patent to be held valid. Software patents have been historically controversial . Before the 1998 case State Street Bank & Trust Co. v. Signature Financial Group, Inc. , software patents were generally not recognized in the United States. In that case, the Supreme Court decided that business processes could be patented. Patent applications are complex and costly, and lawsuits involving patents can drive up
10509-591: The presence of reception statutes, much of contemporary American common law has diverged significantly from English common law. Although the courts of the various Commonwealth nations are often influenced by each other's rulings, American courts rarely follow post-Revolution precedents from England or the British Commonwealth. Early on, American courts, even after the Revolution, often did cite contemporary English cases, because appellate decisions from many American courts were not regularly reported until
10622-567: The present status of laws (with amendments already incorporated in the text) that have been amended on one or more occasions. Congress often enacts statutes that grant broad rulemaking authority to federal agencies . Often, Congress is simply too gridlocked to draft detailed statutes that explain how the agency should react to every possible situation, or Congress believes the agency's technical specialists are best equipped to deal with particular fact situations as they arise. Therefore, federal agencies are authorized to promulgate regulations. Under
10735-544: The principle of Chevron deference, regulations normally carry the force of law as long as they are based on a reasonable interpretation of the relevant statutes. Regulations are adopted pursuant to the Administrative Procedure Act (APA). Regulations are first proposed and published in the Federal Register (FR or Fed. Reg.) and subject to a public comment period. Eventually, after a period for public comment and revisions based on comments received,
10848-409: The product. EULAs, almost always offered on a take-it-or-leave-it basis as a non-negotiable condition for using the software, are very far from the prototypical contract where both parties fully understand the terms and agree of their own free will. Proponents argue that the contracts streamline purchases and that savings for the company could be passed to the consumer. Enterprises buying software for
10961-408: The release. Over time, the level of maintenance becomes increasingly restricted before being cut off entirely when the product is withdrawn from the market. As software ages , it becomes known as legacy software and can remain in use for decades, even if there is no one left who knows how to fix it. Over the lifetime of the product, software maintenance is estimated to comprise 75 percent or more of
11074-580: The relevant state law is irrational or just bad public policy. Under Erie , such federal deference to state law applies only in one direction: state courts are not bound by federal interpretations of state law. Similarly, state courts are also not bound by most federal interpretations of federal law. In the vast majority of state courts, interpretations of federal law from federal courts of appeals and district courts can be cited as persuasive authority, but state courts are not bound by those interpretations. The U.S. Supreme Court has never squarely addressed
11187-473: The rest were unpublished and bound only the parties to each case. As federal judge Alex Kozinski has pointed out, binding precedent as we know it today simply did not exist at the time the Constitution was framed. Judicial decisions were not consistently, accurately, and faithfully reported on both sides of the Atlantic (reporters often simply rewrote or failed to publish decisions which they disliked), and
11300-453: The rule of stare decisis . This is where the act of deciding a case becomes a limited form of lawmaking in itself, in that an appellate court's rulings will thereby bind itself and lower courts in future cases (and therefore also implicitly binds all persons within the court's jurisdiction). Prior to a major change to federal court rules in 2007, about one-fifth of federal appellate cases were published and thereby became binding precedents, while
11413-422: The rule of binding precedent in a 2008 majority opinion signed by Justice Breyer : Justice Brandeis once observed that "in most matters it is more important that the applicable rule of law be settled than that it be settled right." Burnet v. Coronado Oil & Gas Co. [...] To overturn a decision settling one such matter simply because we might believe that decision is no longer "right" would inevitably reflect
11526-609: The sale of goods has become highly standardized nationwide as a result of the widespread adoption of the Uniform Commercial Code. However, there is still significant diversity in the interpretation of other kinds of contracts, depending upon the extent to which a given state has codified its common law of contracts or adopted portions of the Restatement (Second) of Contracts . Parties are permitted to agree to arbitrate disputes arising from their contracts. Under
11639-424: The same license, which can create complications when open-source software is reused in proprietary projects. Patents give an inventor an exclusive, time-limited license for a novel product or process. Ideas about what software could accomplish are not protected by law and concrete implementations are instead covered by copyright law . In some countries, a requirement for the claimed invention to have an effect on
11752-511: The shrink wrap indicated acceptance. Software distributed via the internet is more commonly licensed via clickwrap (where the user clicks to agree to the license) or browsewrap (continuing to browse the website indicates agreement). Most companies prefer to sell licenses rather than copies of the software because it enables them to enforce stricter terms on the end user in a number of domains, especially by prohibiting transfer of ownership or use on multiple computers, and by asserting ownership of
11865-448: The state constitutions, statutes and regulations (as well as all the ordinances and regulations promulgated by local entities) are subject to judicial interpretation like their federal counterparts. It is common for residents of major U.S. metropolitan areas to live under six or more layers of special districts as well as a town or city, and a county or township (in addition to the federal and state governments). Thus, at any given time,
11978-439: The terms of service for his last iTunes update and therefore inadvertently agreed to have Apple employees experiment upon him. Software Software consists of computer programs that instruct the execution of a computer . Software also includes design documents and specifications. The history of software is closely tied to the development of digital computers in the mid-20th century. Early programs were written in
12091-431: The total development cost. Completing a software project involves various forms of expertise, not just in software programmers but also testing, documentation writing, project management , graphic design , user experience , user support, marketing , and fundraising. Software quality is defined as meeting the stated requirements as well as customer expectations. Quality is an overarching term that can refer to
12204-441: The vendor decides to terminate their license and withdraw the content. Most EULAs disclaim any liability for harms caused by the product, and prevent the purchaser from accessing the court system to seek a remedy. There has been substantial debate on to what extent EULAs can be considered binding. Many EULAs contain stipulations that are illegal and therefore unenforceable. Software vendors keep these unenforceable provisions in
12317-426: The vendor to collect information about the user and use it in unrestricted ways. Some EULAs restrict the ability of users to exercise copyright over derivative work made using the software, such as creative creations in the virtual worlds of video games . Although most video game EULAs assert that the developer holds the copyright on any user-generated content , this is contested by users and has not been tested in
12430-414: Was recognized in the courts, and are considered to grant the company extra protection compared to copyright law. Virtually all proprietary software is not sold as a copy but rather as a license with associated EULA. Initially, end-user license agreement (EULAs) were printed on either the shrinkwrap packaging encasing the product ( shrink wrap contract ) or a piece of paper. The license often stipulated that
12543-616: Was replaced by code pleading in 27 states after New York enacted the Field Code in 1850 and code pleading in turn was subsequently replaced again in most states by modern notice pleading during the 20th century. The old English division between common law and equity courts was abolished in the federal courts by the adoption of the Federal Rules of Civil Procedure in 1938; it has also been independently abolished by legislative acts in nearly all states. The Delaware Court of Chancery
12656-401: Was simultaneous with the compilers needed to translate them automatically into machine code. Most programs do not contain all the resources needed to run them and rely on external libraries . Part of the compiler's function is to link these files in such a way that the program can be executed by the hardware. Once compiled, the program can be saved as an object file and the loader (part of
12769-516: Was widely accepted, understood, and recognized by the Founding Fathers at the time the Constitution was ratified. Several legal scholars have argued that the federal judicial power to decide " cases or controversies " necessarily includes the power to decide the precedential effect of those cases and controversies. The difficult question is whether federal judicial power extends to formulating binding precedent through strict adherence to
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