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trade secrets law

cease and desist letter

A cease and desist letter is a cautionary letter sent to an alleged wrongdoer describing the alleged misconduct and demanding that the alleged misconduct be stopped. A cease and desist letter provides notice that legal action may and will be taken if the conduct in question continues.

claim

A claim is a set of operative facts creating a right enforceable in court. The term claim is generally synonymous with the phrase cause of action, though some contexts prefer to use one of the terms over the other. For example, in the field of insurance, you generally file a claim for coverage under a policy rather than file a cause of action for coverage under a policy. 

espionage

Espionage is the crime of spying or secretly watching a person, company, government, etc. for the purpose of gathering secret information or detecting wrongdoing, and to transfer such information to another organization or state.

fair use

Fair use is a type of affirmative defense in copyright law. Regulated under 17 USC §107, the congress list four factors in deciding if a use of the original work is a fair use. The four factors are: 1) the character and purpose of the use; 2) the nature of the original work; 3) the amount taken from the original work; and 4) the market effect to the original work.

fixed in a tangible medium of expression

“Fixed in a tangible medium of expression” is one of the requirements for receiving copyright protection for a work under the Copyright Act in 17 U.S.C. § 102(a). In order to apply for copyright protection, a work must fulfill all the requirements of being fixed in a tangible medium of expression which has different elements that may be confusing for different types of works. 

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