Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Blockchain (2)
- FCC (2)
- Innovation (2)
- Intellectual Property (2)
- Pandemic (2)
-
- AI art (1)
- AI regulation (1)
- Artificial intelligence (1)
- Biometric data (1)
- Bitcoin (1)
- Broadcast Hoax Rule (1)
- COVID-19 (1)
- Cannabis (1)
- China (1)
- Clarifying Lawful Overseas Use of Data Act (1)
- Cole Memo (1)
- Commodities (1)
- Copyright (1)
- Copyright infringement (1)
- Copyright law (1)
- Coronavirus (1)
- Crypto (1)
- Cryptocurrency (1)
- Cultural rights (1)
- Data privacy (1)
- DeFi (1)
- Digital Artwork (1)
- Donald Trump (1)
- Droit De Suite (1)
- Entrance to Paradise (1)
Articles 31 - 60 of 113
Full-Text Articles in Law
Harlem Shake Meets The Chevron Two Step: Net Neutrality Following Mozilla V. Fcc, Christopher R. Terry, Scott Memmel
Harlem Shake Meets The Chevron Two Step: Net Neutrality Following Mozilla V. Fcc, Christopher R. Terry, Scott Memmel
Washington Journal of Law, Technology & Arts
In October 2019, the D.C. Circuit handed down its much-anticipated decision in Mozilla v. FCC, relying heavily on Chevron Deference and the Supreme Court’s 2005 Brand X decision. The per curiam opinion upheld large portions of the FCC’s 2018 Restoring Internet Freedom Order, but also undermined the FCC’s preemption of state law while also remanding issues related to public safety, pole attachments, and the Lifeline Program to the agency, assuring that the legal and policy battles over net neutrality will continue. This Article traces the history of the FCC’s efforts on net neutrality as it has moved in and out …
Public Performance? How Let's Plays And Livestreams May Be Escaping The Reach Of Traditional Copyright Law, Brianna K. Loder
Public Performance? How Let's Plays And Livestreams May Be Escaping The Reach Of Traditional Copyright Law, Brianna K. Loder
Washington Journal of Law, Technology & Arts
Let’s Plays and livestreams are popular online videos of videogames being played. The Copyright Act protects videogames as audiovisual works, and therefore provides videogames with the exclusive right of public performance. The Supreme Court issued a ruling in ABC, Inc. v. Aereo, Inc. which clarified that performances in an online setting can be public even if the individuals receiving the content are doing so privately. However, the Court’s holding did not provide guidance on who is a performer, and therefore is liable for the infringing conduct, beyond the specific context by which Aereo transmitted content to its subscribers. Let’s Plays …
Pseudo-Gambling And Whaling: How Loot Boxes Pray On Vulnerable Populations And How To Curtail Future Predatory Behavior, Alexander Mann
Pseudo-Gambling And Whaling: How Loot Boxes Pray On Vulnerable Populations And How To Curtail Future Predatory Behavior, Alexander Mann
Washington Journal of Law, Technology & Arts
The video game industry has blossomed from a niche hobby into a mainstream cultural industry, outpacing global box office sales in annual revenue. Yet the price of a video game has barely increased since the industry’s inception, and the current standard price point of sixty dollars has survived for over a decade. Competitive market forces drive companies to invest ever more time and money into creating increasingly complex software in order to remain on the cutting edge of graphics and design, while simultaneously increasing revenue. Thus, video game developers and publishers have developed a multitude of alternative money- making services …
Remarks On The Problem Of Scope In Ip, Mark P. Mckenna
Remarks On The Problem Of Scope In Ip, Mark P. Mckenna
Washington Journal of Law, Technology & Arts
As I contemplated the focus of this conference, issues about the nature of the rights that are the subject of a deal stood out to me. A good deal of my recent work has focused on challenges in determining the scope of IP rights. And since those rights are the inputs to various kinds of transactions—or, perhaps even more importantly, ability to assess the scope of a right affects whether a transaction is needed—I’m going to focus here on the relationship between the scope of IP rights and potential IP transactions. [These remarks were given as the keynote talk at …
Fair Use, Fair Play: Video Game Performances And "Let's Plays" As Transformative Use, Dan Hagen
Fair Use, Fair Play: Video Game Performances And "Let's Plays" As Transformative Use, Dan Hagen
Washington Journal of Law, Technology & Arts
With the advent of social video upload sites like YouTube, what constitutes fair use has become a hotly debated and often litigated subject. Major content rights holders in the movie and music industry assert ownership rights of content on video upload platforms, and the application of the fair use doctrine to such content is largely unclear. Amid these disputes over what constitutes fair use, new genres of digital content have arrived in the form of “Let’s Play” videos and other related media. In particular, “Let’s Plays”—videos in which prominent gamers play video games for the entertainment of others—are big business …
Approximating A Federal Patent District Court After Tc Heartland, Timothy T. Hsieh
Approximating A Federal Patent District Court After Tc Heartland, Timothy T. Hsieh
Washington Journal of Law, Technology & Arts
This article presents a patent litigation framework for other federal district courts to follow, using the example of the U.S. District Court for the Eastern District of Texas after TC Heartland. This article also provides an overview of the TC Heartland U.S. Supreme Court case and the In Re Cray Federal Circuit opinion, as well as how those two cases have impacted patent litigation in various district courts across the country, most notably in the District of Delaware. All district courts should learn various lessons from the District Court for the Eastern District of Texas and should model their …
"Let's Go Crazy" With Fair Use: Amending The Digial Millennium Copyright Act, Kiran K. Jassal
"Let's Go Crazy" With Fair Use: Amending The Digial Millennium Copyright Act, Kiran K. Jassal
Washington Journal of Law, Technology & Arts
In Lenz v. Universal, the United States District Court for the Northern District of California ruled that copyright holders must consider fair use before filing takedown notices for infringing content posted on the internet. In the case, Stephanie Lenz uploaded a home video to YouTube of her children dancing to Prince's song "Let's Go Crazy.” In response, Universal Music Corporation submitted a takedown notice to YouTube pursuant to the Digital Millennium Copyright Act (“DMCA”), claiming that Lenz's home video violated its copyright in the song. Lenz claimed fair use of the copyrighted material and sued Universal for misrepresentation of …
Remarks On The Problem Of Scope In Ip, Mark P. Mckenna
Remarks On The Problem Of Scope In Ip, Mark P. Mckenna
Washington Journal of Law, Technology & Arts
These remarks were given as the keynote talk at The Art and Science of the Deal Conference at the University of Washington School of Law.
Taking Care Of Article 6BisNess: How Belmora Llc V. Bayer Consumer Care Ag Made The Well-Known Mark Doctrine Inevitable In The U.S., Gwen Wei
Washington Journal of Law, Technology & Arts
In Belmora LLC v. Bayer Consumer Care AG, the Fourth Circuit held that a foreign company with no U.S. federal trademark registration for "FLANAX" could nevertheless demand cancellation of its competitor's U.S. trademark for "FLANAX". This holding circumvented Article 6bis of the Paris Convention, a provision which protects trademark owners in signatory countries by way of the well-known mark doctrine. Following Belmora's precedent would allow foreign trademark owners to bypass the U.S.'s existing trademark registration system and so undermine U.S. trademark law's central principle of territoriality. This Article argues that Article 6bis is critical to asserting substantive rights …
Future Of Innovation In Medicine: Incentives For New Medical Treatments And Global Health, Robin Jacob
Future Of Innovation In Medicine: Incentives For New Medical Treatments And Global Health, Robin Jacob
Washington Journal of Law, Technology & Arts
The Future of Innovation in Medicine Conference (“Conference”) proceedings contained in this Symposium Issue are about the problem of incentivizing research into new uses for established medicines. Putting the problem into the wider context of financing pharma research generally gives an important perspective.
The Patent And Non-Patent Incentives For Research And Development Of New Uses Of Known Pharmaceuticals In Japan, Toshiko Takenaka
The Patent And Non-Patent Incentives For Research And Development Of New Uses Of Known Pharmaceuticals In Japan, Toshiko Takenaka
Washington Journal of Law, Technology & Arts
Japan is one of most innovative drug manufacturer-friendly countries because it revised its patent and drug regulation systems for providing patent and non-patent incentives for new use and treatment R&D based on its pro-patent and pro-medical science policies. This article provides an overview of the pharmaceutical industry and examines patent and non-patent incentives for drug R&D in focusing on incentives for developing new uses of and treatments for known drugs from a comparative law perspective. After discussing the difficulties in establishing infringement and in obtaining injunctions against generic drug manufacturers who infringe new use product patents, the article reviews measure …
Infringement Of Swiss-Type Second Medical Use Patent Claims In Germany—Recent Developments In Case Law, Matthias Zigann
Infringement Of Swiss-Type Second Medical Use Patent Claims In Germany—Recent Developments In Case Law, Matthias Zigann
Washington Journal of Law, Technology & Arts
Following recent regional court decisions on the infringement of second medical use patent claims, the German concept of manifest arrangement—previously believed to provide a safe harbor for generic pharmaceutical companies as long as they skinny-labeled their products—may be subject to a new interpretation. The German decisions are part of a Europe wide series of decisions on the same or similar subject matter and prove to be patent owner friendly.
Innovation In Known Drugs—The European Angle, Galit Gonen
Innovation In Known Drugs—The European Angle, Galit Gonen
Washington Journal of Law, Technology & Arts
Research into new uses for known drugs should be encouraged because the “repurposing” of known drug molecules can be a highly effective route of innovation for pharmaceutical companies. Investment in the development of these products should be rewarded. However, incentives that are designed to reward innovation must be in line with the size and value of the innovation in order to maintain a sustainable balance between incentivizing research and developing and encouraging a competitive market. In the context of encouraging innovation of new uses for known drugs, factors that facilitate access to drug development and innovation should also be considered …
Future Of Innovation In Medicine: Incentives For New Medical Treatments And Global Health, Anon
Future Of Innovation In Medicine: Incentives For New Medical Treatments And Global Health, Anon
Washington Journal of Law, Technology & Arts
A transcript of the symposium's proceedings.
From Monkey Selfies To Open Source: The Essential Interplay Of Creative Culture, Technology, Copyright Office Practice, And The Law, Maria A. Pallante
From Monkey Selfies To Open Source: The Essential Interplay Of Creative Culture, Technology, Copyright Office Practice, And The Law, Maria A. Pallante
Washington Journal of Law, Technology & Arts
The 2016 Distinguished Roger L. Shidler Lecture was delivered on July 22, 2016 at the University of Washington School of Law, Center for Advanced Study & Research on Innovation Policy during the 2016 Global Innovation Law Summit.
Deepsouth Will Rise Again—The Argument In Favor Of The Federal Circuit's Holding In Promega Corp. V. Life Technologies, Christopher Ainscough
Deepsouth Will Rise Again—The Argument In Favor Of The Federal Circuit's Holding In Promega Corp. V. Life Technologies, Christopher Ainscough
Washington Journal of Law, Technology & Arts
Two recent holdings from the United States Court of Appeals for the Federal Circuit in Promega Corp. v. Life Technologies Corp. have come under fire from members of the patent community. In Promega, the Federal Circuit held that i) 35 U.S.C. § 271(f)(1) does not require a third party to "actively induce the combination" of a patented invention, and ii) that a single component can be a "substantial portion" of the components of patented invention. In this Article, I argue that the Federal Circuit decided these issues correctly in light of the policy considerations that went into Congress's enactment …
The Influence Of Special Interest Groups On Copyright Law And Policy—A Comparison Of The Legislative Processes In The United States And Switzerland, Michael P. Kunz
The Influence Of Special Interest Groups On Copyright Law And Policy—A Comparison Of The Legislative Processes In The United States And Switzerland, Michael P. Kunz
Washington Journal of Law, Technology & Arts
In April 2016, the Office of the United States Trade Representative placed Switzerland on the Watch List of its 2016 Special 301 Report, which contains an annual review of the state of intellectual property rights protection and enforcement in U.S. trading partners around the world. According to the Report, the decision to put Switzerland on the Watch List was premised on U.S. concerns regarding specific difficulties in Switzerland’s system of online copyright protection and enforcement, particularly the “Logistep” ruling issued by the Federal Supreme Court of Switzerland in 2010. Although the Swiss authorities have acknowledged the difficulties mentioned in the …
General Public License Version 2: The Risk Of Direct Patent Infringement, Chike Eze
General Public License Version 2: The Risk Of Direct Patent Infringement, Chike Eze
Washington Journal of Law, Technology & Arts
The GNU General Public License Version 2 (“GPLv2”) is a popular license for open source software. Despite its importance, only a few GPLv2 cases have been litigated in the courts. In these litigated cases, the plaintiffs claimed breach of contract or copyright infringement against defendants. However, in XimpleWare v. Ameriprise, the plaintiff explored a novel patent-related avenue for open source software authors to attack vendors and customers of open source software. Specifically, XimpleWare alleged direct patent infringement against Versaware, a software vendor, and Ameriprise, Versaware’s customer, for distributing XimpleWare’s GPLv2-licensed software in violation of GPLv2’s copyleft provisions in section …
Sugar High, Andrew H. Fuller
Sugar High, Andrew H. Fuller
Washington Journal of Law, Technology & Arts
Edible marijuana products in commercial marijuana markets, or “edibles,” pose a new challenge to our existing regulatory infrastructure. Marijuana has acquired increasing social and legal acceptance as a form of treatment for a variety of serious illnesses; as such, some states have been challenged to balance the availability and affordability of these treatments with the risk they pose in terms of consumer confusion. Edibles that take the shape of traditional retail candies offer the greatest risk of consumer confusion, especially to children. Consequently, this Article proposes that courts—or, alternately, legislators—should interpret and apply the Lanham Act in a way that …
End Of The Parallel Between Patent Law's § 284 Willfullness And § 285 Exceptional Case Analysis, Don Zhe Nan Wang
End Of The Parallel Between Patent Law's § 284 Willfullness And § 285 Exceptional Case Analysis, Don Zhe Nan Wang
Washington Journal of Law, Technology & Arts
Patent law’s “willful infringement” analysis under 35 U.S.C. § 284 and the “exceptional case” analysis under 35 U.S.C. § 285 are largely considered parallel, and essentially identical. In 2014, the Supreme Court of the United States drastically changed the standards for the § 285 exceptional case analysis in its Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Management System, Inc. decisions. This prompted two federal circuit judges to call for similar changes to the § 284 willful infringement analysis. On October 19, 2015, the Supreme Court granted certiorari to review whether such a …
Much Ado About Transformativeness: The Seventh Circuit And Market-Centered Fair Use, Aaron B. Wicker
Much Ado About Transformativeness: The Seventh Circuit And Market-Centered Fair Use, Aaron B. Wicker
Washington Journal of Law, Technology & Arts
In Kienitz v. Sconnie Nation LLC, the U.S. Court of Appeals for the Seventh Circuit ultimately rejected the concept of transformative use having a central role within the doctrine of fair use. In doing so, the Seventh Circuit broke with judicial precedent, namely the Supreme Court’s holding in Campbell v. Acuff-Rose Music, Inc., where the Court unanimously held that the inquiry for the first factor of fair use is whether, and to what extent, the work is transformative. The Seventh Circuit’s 2014 decision raises questions about the scope of the holding in Campbell and about whether this holding …
The Wooly-Mammoth In The Room: The Patentability Of Animals Brought Back From Extinction Through Cloning And Genetic Engineering, Miriam Ricanne Swedlow
The Wooly-Mammoth In The Room: The Patentability Of Animals Brought Back From Extinction Through Cloning And Genetic Engineering, Miriam Ricanne Swedlow
Washington Journal of Law, Technology & Arts
Advances and success in cloning and genetic engineering may mean passenger pigeons, dodos, gastric-brooding frogs, thylacines, woolly mammoths, and other extinct species will once again grace this planet. As de-extinction becomes a reality, it is uncertain whether these animals are patent eligible. Diamond v. Chakrabarty opened the door to cloning multicellular organisms. Since then, the U.S. Patent Office’s Board of Patent Appeals and Interferences has found “non-naturally occurring, man-made organisms including animals” to be patentable subject matter under 35 U.S.C. § 101. Because the initial case challenging this decision failed on procedural grounds, the underlying legal issue has not been …
The Dmca Rulemaking Mechanism: Fail Or Safe?, Maryna Koberidze
The Dmca Rulemaking Mechanism: Fail Or Safe?, Maryna Koberidze
Washington Journal of Law, Technology & Arts
This Article analyzes seventeen years under the Digital Millennium Copyright Act (“DMCA”) rulemaking mechanism and suggests changes to reinforce its successes while remedying its failures. Part I briefly discusses the legislative history of the rulemaking mechanism and policy justifications for its adoption within the DMCA scheme. Part II reviews legal and evidentiary standards of the rulemaking and recent changes to its administrative procedure. Part III provides an overview of the prior rulemakings and their impact on non-infringing uses, with a particular focus on the “e-book” and “cellphone unlocking” exemptions. Part IV applauds the Breaking Down Barriers to Innovation Act of …
Real-Time Sports Data And The First Amendment, Ryan M. Rodenberg, John T. Holden, Asa D. Brown
Real-Time Sports Data And The First Amendment, Ryan M. Rodenberg, John T. Holden, Asa D. Brown
Washington Journal of Law, Technology & Arts
Technological advancements have created an emergent challenge for organizations attempting to monetize real-time information. Real-time data as a commodity is especially relevant in the sports industry. Sports leagues increasingly seek to control the dissemination of real-time data in conjunction with lucrative distribution agreements. We analyze the legal status of real-time sports data under both intellectual property law and the First Amendment, with our case-by-case analysis extending to spectators, gamblers, journalists, and non-gambling entrepreneurs. Although we conclude that the First Amendment protections are broad across all four categories, particularly when the underlying sporting event takes place on public land, we find …
From Inwood To Internet And Beyond: Assessing The Web Host-User Relationship In Contributory Online Trademark Infringement, Julie Liu
Washington Journal of Law, Technology & Arts
While courts have created a doctrine of contributory trademark infringement in response to the expansion of goods and services from brick-and-mortar to the Internet, the exact duties of web hosts under the rule are not yet clear. Despite judicial attempts to carve out new standards to define traditional requirements, the application of these standards remains inconsistent and has left unresolved ambiguities. The disparities between the standards may be balanced through an analysis of the affirmative duties imposed by the law on online service providers, as well as a closer look at the relationship between a service provider and user. This …
Graffitti And The Visual Artists Rights Act, Amy Wang
Graffitti And The Visual Artists Rights Act, Amy Wang
Washington Journal of Law, Technology & Arts
Common adornments on the sides of freight trains, highway underpasses, and dark alleyways, aerosol paint designs now also boast recent appearances on high-fashion runways, in Top 40 music videos, and even at sophisticated art auctions. Graffiti, by any other name, is still generally associated with gang activity. However, the acceptance of street art by pop culture has legitimized spray painting as another expression of modern art and aerosol artists have proven they deserve recognition. Nonetheless, while intellectual property law extends protection to benefit other artists, its application is limited as a recourse for graffiti artists. Why? Because the irony of …
Markman Twenty Years Later: Twenty Years Of Unintended Consequences, Jerry A. Riedinger
Markman Twenty Years Later: Twenty Years Of Unintended Consequences, Jerry A. Riedinger
Washington Journal of Law, Technology & Arts
The Federal Circuit’s Markman decision removed juries from the claim interpretation process, thereby revolutionizing patent law. Designed to provide greater certainty and predictability, Markman nevertheless produced unintended consequences, increasing ambiguity and complexity. By declaring claim interpretation an entirely legal issue, the Federal Circuit imposed intricate and even contradictory rules, many resulting from the Federal Circuit’s long insistence that no issues of fact existed, so that claim construction was entirely subject to de novo review. The uncertainty was compounded by rules focused on semantic quibbles unrelated to what was invented. Increased burdens and continuing uncertainty followed.
Standing Room Only: Madstad Engineering And The Potential To Challenge The Constitutionality Of The America Invents Act's "First-Inventor-To-File" Patenting System, Christopher J. Ferrell
Standing Room Only: Madstad Engineering And The Potential To Challenge The Constitutionality Of The America Invents Act's "First-Inventor-To-File" Patenting System, Christopher J. Ferrell
Washington Journal of Law, Technology & Arts
In 2011, the Leahy–Smith America Invents Act (AIA) was signed into law, bringing significant changes to the Patent Act of 1952. Arguably, the most substantial change was the demise of the “American approach” to patent law: the “first-to-invent” patent filing system. Congress, by enacting the AIA, changed America's patent system from “first-to-invent” to “first-inventor-to-file,” sparking controversy among patent scholars and practitioners, with some individuals arguing that this change was unconstitutional. Recently, the Federal Circuit faced an issue of first impression when an inventor challenged the constitutionality of the first-inventor-to-file provisions of the AIA, and by extension the AIA as a …
Framing The Issue: Avoiding A Substantial Similarity Finding In Reproduced Visual Art, Rachael Wallace
Framing The Issue: Avoiding A Substantial Similarity Finding In Reproduced Visual Art, Rachael Wallace
Washington Journal of Law, Technology & Arts
Copyright issues are litigated in the United States every day. Yet attorneys representing visual artists settle suits more often when those suits involve the potential of a copyright infringement, partly because of the relatively few decisions on the matter. In Harney v. Sony Pictures, Inc., the First Circuit found that a copyrighted photograph could be copied to look nearly the same as the original because the copied elements were each unprotectable under the copyright. The copyright protected only those elements of the photo that were the result of the photographer’s choices in depicting the subject. The court held that …