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Prevention of Unfair Competition and Software License Agreements

頻出~27 min5 terms13 past questions

Goals of this unit

  • Explain what information the Unfair Competition Prevention Act protects without registration, with examples of the conduct it regulates.
  • Explain that buying software gives you a right of use, with the terms set by a Use License Agreement.
  • Distinguish enterprise license agreements and the CAL by the unit of permission: quantity, organizational scope, or connecting clients.
Terms at a glance (5)
TermIn one lineCategoryUnit or object of coverage
不正競争防止法Law regulating conduct that undermines fair competition between businessesLaw (regulates conduct)Wrongful use of trade secrets, product marks and the like
使用許諾契約Contract in which the rights holder grants a right of use and sets its termsBasic form of agreementScope and terms of use
ボリュームライセンス契約Agreement granting rights to the same software in bulk for the number neededAgreement for companies and organizationsNumber of licenses
サイトライセンス契約Agreement allowing use within a set organization or facility without counting machinesAgreement for companies and organizationsScope of the organization or facility
CALLicense required for each client connecting to a serverPermission to use a serverConnecting users or devices

Terms

不正競争防止法Unfair Competition Prevention Act

Open in glossary 不正競争防止法

The Unfair Competition Prevention Act (不正競争防止法) regulates conduct that undermines fair competition between businesses, such as stealing and using another company's trade secrets or imitating its well-known product marks so that customers confuse the two.

  • Examples of conduct regulated by the Act
    • Wrongfully acquiring, using or disclosing trade secrets
    • Causing confusion by imitating well-known product marks
    • Acquiring or using domain names for wrongful purposes
    • Providing tools that remove technical restrictions such as copy protection without a legitimate reason

Unlike patent or trademark rights, it requires no registration and instead regulates the specific types of wrongful conduct the law defines. A trade secret here means technical or business information used in operations, such as a customer list or manufacturing know-how, that meets the legal requirements. The rules on shared data with limited access (限定提供データ), which protect data provided to specific parties, were revised by the Reiwa 5 (2023) amendment so that what is excluded from their scope is now trade secrets.

AnalogyIt is like a referee who hands out no prizes but blows the whistle on players who commit fouls.

Exam points

  • ExamInformation protected as a trade secret (営業秘密) must meet all three requirements: secrecy management (it is kept as a secret), usefulness (it helps the business), and non-public status (it is not publicly known).
  • ExamAcquiring or using a domain name similar to another company's name for a wrongful purpose, or selling a program that disables copy protection without a legitimate reason, is regulated by the Unfair Competition Prevention Act (不正競争防止法).
  • ExamUnder the provisions before the Reiwa 5 (2023) amendment, technical or business information accumulated and managed in substantial volume by electromagnetic means for provision to specific parties, and not managed as a secret, is called shared data with limited access (限定提供データ).

3 past questions on this term 不正競争防止法

使用許諾契約Use License Agreement

Open in glossary 使用許諾契約

A Use License Agreement (使用許諾契約) is a contract in which the software rights holder grants the user a right of use and sets the scope and conditions of that use.

  1. Rights holder sets the terms
  2. Terms shown to the user
  3. User agrees
  4. Use within the terms

The user runs the software within the terms, such as the permitted number of machines and purposes.

4 / 4

The agreement states terms such as how many machines the software may be installed on, whether it may be copied, and what purposes it may be used for. A shrink-wrap agreement treats opening the package as acceptance of the terms.

AnalogyIt is close to renting a flat: you can live there, but you do not become the owner of the building.

How to rememberShrink wrap is the clear film wrapped around a product, and tearing it open is the signal of agreement.

Exam points

  • ExamA person who buys a software package gets the right to use the program, while the copyright stays with the rights holder.
  • ExamUnder a shrink-wrap agreement (シュリンクラップ契約), the contract is formed when the package is opened, whether or not the user has read the terms.
  • ExamPatents are also licensed for use of the invention (called working it), and cross-licensing (クロスライセンス) is an arrangement in which two patent-holding companies each license the other to work their own patents.

3 past questions on this term 使用許諾契約

ボリュームライセンス契約Volume License Agreement

Open in glossary ボリュームライセンス契約

A Volume License Agreement (ボリュームライセンス契約) grants a company or school that runs the same software on many PCs the right of use for the number of copies it needs, all at once.

Compared with buying packages one at a time, it reduces the work of purchasing and managing them. How licenses are counted differs by product and agreement.

AnalogyIt is like buying a booklet of canteen meal tickets for the whole staff instead of one ticket at a time.

How to rememberVolume means quantity, which tells you this agreement bundles licenses by count.

Exam points

  • Mix-upA volume license (ボリュームライセンス) grants rights of use in bulk by quantity, while a subscription (サブスクリプション) is a way of using software for a set period in return for a fixed fee.

2 past questions on this term ボリュームライセンス契約

サイトライセンス契約Site License Agreement

Open in glossary サイトライセンス契約

A Site License Agreement (サイトライセンス契約) permits use of the software anywhere within the organization or facility set in the contract, such as a company or school, without counting machines one by one.

Even if more PCs come into use within the covered scope, no individual extra purchases are needed. For organizations whose number of machines changes a lot, it cuts the work of tracking license counts.

AnalogyIt is close to booking an entire venue so that everyone inside can come and go freely, instead of each person buying a ticket.

How to rememberRemember that site here means a physical location or premises, not a website.

Exam points

  • Mix-upA site license (サイトライセンス) bundles permission by the scope of an organization or facility, while a volume license bundles it by the number of licenses.

Volume License Agreement vs. Site License Agreement

AspectVolume License AgreementSite License Agreement
Key differenceUnit for bundling permissionNumber of licenses (copies)Scope of the organization or facility
When more machines are usedContract for the additional number neededNo extra contract needed within the scope
What they shareA Use License Agreement bundled for large-scale useA Use License Agreement bundled for large-scale use

CALCAL (Client Access License)

Open in glossary CAL

A CAL (Client Access License) is a license granting access rights, required for each client that connects to server software.

サーバ(サーバライセンス)

クライアント1(CAL)

クライアント2(CAL)

クライアント3(CAL)

CALs are prepared according to the number of parties using the server. How they are counted depends on the product, for example per user, where each connecting person is the unit, or per device, where each connecting machine is the unit.

AnalogyIt is like issuing an entry pass for each person who enters a building.

How to rememberIt stands for Client Access License, which reads as permission for a client to access the server.

Exam points

  • Mix-upA server license permits installing and running the server software, and a CAL is the permission given to each client that connects to that server; both are needed before the server can be used.

Key points

  • The Unfair Competition Prevention Act requires no registration and regulates conduct such as misusing trade secrets and imitating product marks.
  • Buying software does not transfer the copyright; the user gains the right to use it within the terms of the Use License Agreement.
  • A CAL is a license prepared according to the number of connecting clients, and how it is counted differs by product.

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