Digital Commons Network^™

Fair Play: Notes On The Algorithmic Soccer Referee, Michael J. Madison

Vanderbilt Journal of Entertainment & Technology Law

The soccer referee stands in for a judge. Soccer’s Video Assistant Referee (VAR) system stands in for algorithms that augment human deciders. Fair play stands in for justice. They are combined and set in a polycentric system of governance, with implications for designing, administering, and assessing human-machine combinations.

Chaos Or Continuity? The Legal Profession: From Antiquity To The Digital Age, The Pandemic, And Beyond, Jan L. Jacobowitz

Vanderbilt Journal of Entertainment & Technology Law

The idea of individuals entering into a social contract to relinquish some of their rights in order to have a civilized society protect their fundamental rights originates at least as early as ancient Greece, where it was espoused by the philosopher Epicurus. Implicit in a social contract is the enactment of laws to achieve a democratic, civilized society and the concept of advocacy. Advocacy exists to protect an individual’s rights. The legal profession originated organically as the citizens of ancient Greece and Rome recognized the need for professional advocates. From this nascent beginning, the legal profession has evolved over centuries …

The Evolving Technology-Augmented Courtroombefore, During, And After The Pandemic, Fredric I. Lederer

Vanderbilt Journal of Entertainment & Technology Law

Even before the COVID-19 Pandemic, technology was changing the nature of America’s courtrooms. Access to case management and e-filing data and documents coupled with electronic display of information and evidence at trial, remote appearances, electronic court records, and assistive technology for those with disabilities defined the technology-augmented trial courtroom. With the advent of the Pandemic and the need for social distancing, numerous courts moved to remote appearances, virtual hearings, and even virtual trials. This Article reviews the nature of technology-augmented courtrooms and discusses virtual hearings and trials at length, reviewing legality, technology, human factors, and public acceptance, and concludes that …

Race Cartels: How Constructor Collaboration Is Curbing Innovation In Formula 1, Chandler C. Gerard-Reimer

Vanderbilt Journal of Entertainment & Technology Law

Formula 1 is in the midst of a copycat scandal: technology has made it possible for teams to reverse engineer clones of competitors’ race cars. This is a less than ideal state of affairs for the championship series, which prides itself on being the pinnacle of motorsport and automotive innovation, thanks in large part to the cars’ rapid rate of technological advancement. In order to address this problem, the Fédération Internationale de l’Automobile (FIA), Formula 1’s governing body, must increase independent innovation efforts by amending the technical regulations to restrict the extent of presently allowed inter-team collaboration. Worried that the …

Secondary Data: A Primary Concern, Kelsey L. Zottnick

Vanderbilt Journal of Entertainment & Technology Law

This Note addresses privacy concerns implicated by rising secondary data mining. Secondary data mining is the use of personal information for a purpose other than the original. This complex technology drives billions of dollars in commercial industry yet remains largely unregulated. This Note examines the current state of the data mining industry and the behavioral fallacies that belie societal concerns about online privacy. Further, relevant federal, state, and constitutional laws appear outstripped by these technological advances. An analysis of potential privacy solutions examines the advantages and disadvantages of implementing each one through the privacy community, the federal government, and the …

Cut In Tiny Pieces: Ensuring That Fragmented Ownership Does Not Chill Creativity, Henry H. Perritt Jr.

Vanderbilt Journal of Entertainment & Technology Law

The market for video entertainment is growing and becoming more diverse as technology reduces barriers to entry for small, independent moviemakers and distributors and increases consumers' ability to access the media of their choice. The growing complexity of the market, however, increases transaction costs for new entrants who must obtain licenses to copyrighted music, characters, storylines, or scenes that they incorporate into their movies. The entertainment bonanza offered by new technologies may not be realized in practice because of market failure. The purposes of the Copyright and Patents Clause are frustrated because creators of new works wishing to use new …

Working Toward Spontaneous Copyright Licensing: A Simple Solution For A Complex Problem, Tanya M. Woods

Vanderbilt Journal of Entertainment & Technology Law

As the web evolves, so too are discussions on how to manage the rights of copyright owners online. Finding a solution that is balanced and that accounts for the international nature of the Internet is essential. While many have attempted to craft such a solution, a model that accommodates the spontaneity of copyright content users and that recognizes the multi-territorial nature of the Internet has yet to materialize. For this reason, this Article formulates a macro-level conceptual approach to building a practical copyright licensing model that could generate spontaneous digital copyright licenses to accommodate the creative impulses of web users …

A Traitor In Our Midst: Is It Your Tivo?, Teresa W. Chan

Vanderbilt Journal of Entertainment & Technology Law

Part I of this Note provides a backdrop of the different aspects of privacy law, focusing on the federal statutory schemes that are applicable to the issue of information gathering and the different possible uses of that information as a violation of privacy rights that have appeared in similar technology cases up to this point in time. This section will also focus on the capabilities of TiVo in more depth.

Part II of the Note examines both of TiVo's questionable actions: first, whether gathering information to sell to advertisers and networks in the form of aggregate data violates privacy rights; …