Digital Commons Network^™

“Can I Profit From My Own Name And Likeness As A College Athlete?” The Predictive Legal Analytics Of A College Player’S Publicity Rights Vs. First Amendment Rights Of Others, Roger M. Groves

Roger M. Groves

Two federal court decisions during 2013 have changed the game for college students versus the schools, the NCAA and video game makers. This article explores whether for the first time in history these athletes can profit from their own name and likeness and prevent others from doing so. But those cases still leave many untested applications to new facts – facts that the courts have not faced. Particularly intriguing is how 21st Century technology will apply to this area in future litigation. No publicity rights case or article to date has explored the application of predictive analytics, computer programs, algorithms, …

Crowdsourcing Indie Movies, Henry H. Perritt Jr.

Henry H. Perritt, Jr.

Crowdsourcing Indie Movies

Henry H. Perritt, Jr.

Abstract

Internet-centered technology developments are revolutionizing the ways in which movies can be made. The use of crowdsourcing to make indie movies is a possibility that has not yet been explored fully, although the use of crowdsourcing to raise money for artistic works is growing. Crowdsourcing can be used for every step of making a movie, increasing the range of collaboration available to creators and reducing capital requirements. The article uses a fictional account of a team of young moviemakers to explain how they can use crowdsourcing for each step of making their …

Privacy And Data Protection In Business: Laws And Practices (Sample Chapters), Jonathan I. Ezor

Jonathan I. Ezor

In the fields of digital privacy and data protection in the business world, effective compliance and risk management require not only knowledge of applicable laws and regulations, but at least a basic understanding of relevant technologies and the processes of the company or other organization that is collecting and/or using the personal information or monitoring behavior. This book is structured to provide a framework for law and other students to both learn the law and place it in the necessary technological and practical context, divided into topic areas such as children’s privacy, health information, governmental requirements, employee data and more. …

“Mystic Infallibility” And “Fancy Devices”: A Conceptual Analysis Of The Application Of The Frye Test, John F. Johnson Iii

John F Johnson III

The Frye test stood as the first widely used test to determine the admissibility of scientific evidence and stood as the majority test until the Supreme Court introduced the Daubert test in 1993. Despite taking a backseat, seventeen jurisdictions, including California, Florida, New York and Pennsylvania, continue to apply the Frye test. The Frye test holds that a when a party provides novel scientific evidence, that party must demonstrate the proffered evidence relies on principles, methodologies, and devices that are generally accepted by the relevant scientific community. Commentators frequently discuss the test’s general acceptance requirement, but ignore the preliminary issue …

Thwack!! Take That, User-Generated Content!: Marvel Enterprises, Inc. V. Ncsoft Corp., Carl M. Szabo

Carl M Szabo

Dear Madam or Sir: As seen in the attached note, I am to make two contributions. First, I address the issue of copyright liability of websites for infringement by the website users. A constant struggle as old as the constitution itself, the issue of copyright protection now makes its way into the virtual world of the internet. While the issue of copyright liability has been seen in hundreds of comments and notes from courts and attorneys alike, the issue of copyright liability on the internet remains an open question that if not addressed could endanger the protection afforded to authors …

An Unattainable Wedge: Four Limiting Effects On The Expansion Of Nuclear Power, Tanya K. Mortensen

Tanya K Mortensen

With a cap and trade system likely imminent, concerns about the costs of generating electricity and how electrical generators can best mitigate the effects of a carbon trade system are resurfacing. As a result, interests in nuclear power are resurging world-wide. Although, the purpose of this paper is aimed at national decision making, the problems and processes that confront decision makers internationally are effectively the same as those confronting decision makers in the United States. This paper examines the feasibility of using nuclear power as a wedge to reduce CO2 emissions, and puts forth four effects that may prevent or …

An Unattainable Wedge: Four Limiting Effects On The Expansion Of Nuclear Power, Tanya K. Mortensen

Tanya K Mortensen

With a cap and trade system likely imminent, concerns about the costs of generating electricity and how electrical generators can best mitigate the effects of a carbon trade system are resurfacing. As a result, interests in nuclear power are resurging world-wide. Although, the purpose of this paper is aimed at national decision making, the problems and processes that confront decision makers internationally are effectively the same as those confronting decision makers in the United States. This paper examines the feasibility of using nuclear power as a wedge to reduce CO2 emissions, and puts forth four effects that may prevent or …

The Fda And The Future Of The Brain-Computer Interface: Adapting Fda Device Law To The Challenges Of Human-Machine Enhancement, Eric D. Chan

Eric David Chan

The neuroelectronic interface is an emerging technology that uses electric signals to communicate directly with the human brain. It promises to make possible a new generation of user-worn prosthetic devices that can be controlled at the speed of thought, functioning as actual extensions of the human body. Prototypes already exist, though they are still in development – artificial retinas, which can provide replacement sight for the blind; sophisticated prosthetic limbs. Though current applications are geared towards replacing lost natural function, there is no reason that these brain-computer interface devices cannot also be used to enhance the capabilities of a healthy …

Real World Toys And Currency Turn The Legal World Upside Down: A Cross-Sectional Update On Virtual World Legalities, Ian W. Gillies

Ian W. Gillies

With 40 million members on the leading virtual world and overall user growth at 22%, some experts are saying virtual worlds are to the new millennium what websites were to the 90s. Just as the technological and economic growth of the internet drove numerous moral and legal issues to the forefront of society, so also will virtual world growth expand the overlapping moral and legal boundaries between virtual and real world experience. This paper provides a technology and market overview of virtual worlds and explores the intersection of some social and legal issues arising from the financial opportunity and virtual …