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Full-Text Articles in Law

The Trade Secrecy Standard For Patent Prior Art, Sharon Sandeen, Camilla A. Hrdy Jan 2021

The Trade Secrecy Standard For Patent Prior Art, Sharon Sandeen, Camilla A. Hrdy

Faculty Scholarship

A fundamental criterion of patentability is that an invention must be new as compared to the prior art—the corpus of preexisting knowledge and technology already available to the public. If an invention is in the prior art, or rendered obvious by it, it cannot be patented.

The U.S. Patent Act has traditionally envisioned a categorical approach for deciding what counts as prior art. Under this approach, courts are supposed to decide whether a particular disclosure about the invention (a reference) falls within one of the categories listed in Section 102 of the Patent Act, such as “described in a printed …


Copyright Law Cannot Copyright Law—Georgia V. Public.Resource.Org Inc., 140 S.Ct. 1498 (2020), Andy Taylor Jan 2021

Copyright Law Cannot Copyright Law—Georgia V. Public.Resource.Org Inc., 140 S.Ct. 1498 (2020), Andy Taylor

Mitchell Hamline Law Review

No abstract provided.


Data As The New Oil: A Slippery Slope Of Trade Secret Implications Greased By The California Consumer Privacy Act, Megan Marie Miller Jan 2021

Data As The New Oil: A Slippery Slope Of Trade Secret Implications Greased By The California Consumer Privacy Act, Megan Marie Miller

Cybaris®

Following the European model of the General Data Protection Regulation (GDPR), the state of California implemented the California Consumer Privacy Act (CCPA) on January 1, 2020. The CCPA allows any California consumer to demand to see all of the information that a company has saved on them; consumers can also request a full list of all the third parties that their data is shared with, sold to, and for what commercial purpose. This paper reviews the implications of a new law on the disclosure of trade secrets like client lists and algorithms that manipulate consumers’ data. Ultimately, the issue comes …


Infinite Setlist: Analyzing Pioneer Dj’S Catalogue Streaming Partnerships With Beatport And Soundcloud, Nicholas Rivera Jan 2021

Infinite Setlist: Analyzing Pioneer Dj’S Catalogue Streaming Partnerships With Beatport And Soundcloud, Nicholas Rivera

Cybaris®

The purpose of this paper is to examine the partnerships Rekordbox has with SoundCloud and Beatport, determine if user agreements of each platform legally allow the partnerships to occur, what the implications are of using the music streaming service for live performances at venues, what the implications are of streaming music for live streamed performances via the internet, satellite radio, and terrestrial radio, and determine which types of copyright royalties need to be paid to who and by whom.


The General Data Protection Regulation And Open Source Software Communities, Amye Scavarda Perrin Jan 2021

The General Data Protection Regulation And Open Source Software Communities, Amye Scavarda Perrin

Cybaris®

No abstract provided.


Payin’ The Price To Grab A Slice…Of Music! A Guide To Music Licensing For Businesses, Nila Jackson Jan 2021

Payin’ The Price To Grab A Slice…Of Music! A Guide To Music Licensing For Businesses, Nila Jackson

Cybaris®

This paper provides information that may be useful to people seeking to acquire music licenses for their places of business and is primarily focused on licensing for food and drink establishments. However, other business types that use live or recorded music in their establishments may find the information useful as well. The purpose of this paper is to provide a brief history of copyright law, and an overview of music licensing to give business owners a better understanding of copyright as it relates to public performance.


Independent Filmmaking In The Final Frontier: Intellectual Property Issues With Making Independent Films In Space, Jesse Green Jan 2021

Independent Filmmaking In The Final Frontier: Intellectual Property Issues With Making Independent Films In Space, Jesse Green

Cybaris®

No abstract provided.


Suggested Improvements To Mandatory Mediation Scheduling During International Trade Commission (Itc) Section 337 Investigations, Jeff Nall Jan 2021

Suggested Improvements To Mandatory Mediation Scheduling During International Trade Commission (Itc) Section 337 Investigations, Jeff Nall

Cybaris®

No abstract provided.


Forcing Creativity: An Analysis Of Chinese Ip Subsidies And How They Should Be Assessed Under Existing International Trade Agreements, Taylor Stemler Jan 2021

Forcing Creativity: An Analysis Of Chinese Ip Subsidies And How They Should Be Assessed Under Existing International Trade Agreements, Taylor Stemler

Cybaris®

No abstract provided.