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翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク Microsoft Corp. v. DAK Industries, Inc. ： ウィキペディア英語版 Microsoft Corp. v. DAK Industries, Inc. ''Microsoft Corp. v. DAK Indus., Inc.'' 66 F.3d 1091 (9th Cir 1995) is a court case in which Microsoft contended that in being licensed the rights to sell Microsoft Word (Word) software units, the then bankrupt DAK Industries had been granted permission to use this Intellectual Property, so Microsoft was entitled to receive payments during post-bankruptcy in the form of royalties for DAK's use of the license agreement. The Ninth Circuit disagreed, believing that the 'economic realities' of the agreement in which payments for a certain number of copies of Word were made in the form of installments meant that the agreement should be considered as a 'lump sum sale of software units' even if the agreement was called a license that required 'royalties' instead of 'payments'. Microsoft was therefore unable to claim special interest over the bankruptcy claim as it was a transfer of goods in the form of a sale, making it an unsecured creditor.〔''Microsoft Corp. v. DAK Indus., Inc.'', (66 F.3d 1091 ) (9th Cir. 1995).〕 == Background == DAK Industries, a supplier of computer hardware entered into a license agreement with Microsoft, a software distributor, that granted DAK the rights to distribute and license copies of Microsoft Word on the computers it sold during the term of the agreement. Microsoft provided DAK a master disk, which is used to install Microsoft Word onto the computers DAK is to distribute. Payment for this license agreement follows a 'royalty rate' of $55 for each copy of Word that is distributed - however DAK had to make a minimum commitment to Microsoft of $2,750,000 to be paid in 5 installments over one year period, irrespective of the number of copies DAK managed to sell. DAK was therefore entitled to distribute up to 50,000 units, with any additional units attracting an additional $55 charge each. DAK delivered the first three installments to Microsoft however filed for bankruptcy before completing the remaining payments. After bankruptcy, DAK's debtor continued to sell copies of Microsoft Word without making the remaining installments.〔 Microsoft alleged that it was entitled to 'administrative expenses' from DAK's debtor in that it should be compensated for the continued use of the license agreement that allowed distribution of its software.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Microsoft Corp. v. DAK Industries, Inc.」の詳細全文を読む スポンサード リンク 翻訳と辞書 : 翻訳のためのインターネットリソース Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.