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Sony, Cyber Security, And Free Speech: Preserving The First Amendment In The Modern World, Conrad Wilton 2017 Fox Rothschild LLP

Sony, Cyber Security, And Free Speech: Preserving The First Amendment In The Modern World, Conrad Wilton

Pace Intellectual Property, Sports & Entertainment Law Forum

Reprinted from 16 U.C. Davis Bus. L.J. 309 (2016). This paper explores the Sony hack in 2014 allegedly launched by the North Korean government in retaliation over Sony’s production of The Interview and considers the hack’s chilling impact on speech in technology. One of the most devastating cyber attacks in history, the hack exposed approximately thirty- eight million files of sensitive data, including over 170,000 employee emails, thousands of employee social security numbers and unreleased footage of upcoming movies. The hack caused Sony to censor the film and prompted members of the entertainment industry at ...


Patent Injunctions On Appeal: An Empirical Study Of The Federal Circuit's Application Of Ebay, Christopher B. Seaman, Ryan T. Holte 2017 Washington and Lee University School of Law

Patent Injunctions On Appeal: An Empirical Study Of The Federal Circuit's Application Of Ebay, Christopher B. Seaman, Ryan T. Holte

Christopher B. Seaman

More than ten years after the United States Supreme Court’s landmark decision in eBay v. MercExchange, the availability of injunctive relief in patent cases remains hotly contested. For example, in a recent decision in the long-running litigation between Apple and Samsung, members of the United States Court of Appeals for the Federal Circuit divided sharply on whether an injunction was warranted to prevent Samsung from continuing to infringe several smartphone features patented by Apple. To date, however, nearly all empirical scholarship regarding eBay has focused on trial court decisions, rather than the Federal Circuit.

This Article represents the first ...


Trademarks And Digital Goods, Lucas S. Osborn, Mark P. McKenna 2017 Campbell University School of Law

Trademarks And Digital Goods, Lucas S. Osborn, Mark P. Mckenna

Lucas S. Osborn

No abstract provided.


A Case For Weakening Patent Rights, Lucas S. Osborn, Joshua M. Pearce, Amberlee Haselhuhn 2017 Campbell University School of Law

A Case For Weakening Patent Rights, Lucas S. Osborn, Joshua M. Pearce, Amberlee Haselhuhn

Lucas S. Osborn

This Article contributes to the patent debate by observing that new and emerging technologies are radically altering the relative costs and benefits of the patent system. Although analysts cannot measure the patent system's numerous absolute costs and benefits, this Article demonstrates that new and emerging technologies are significantly reducing the research, development, and commercialization costs ("innovation costs") that are used by adherents to the incentive and prospect theories to justify the patent system's existence. All things being equal, if significantly, the relative need for the patent system has decreased and will continue to decrease. Thus, this Article argues ...


Why Is Everyone Afraid Of Ip Licensing?, Jonathan M. Barnett 2017 University of Southern California

Why Is Everyone Afraid Of Ip Licensing?, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Legal scholars have tended to approach the licensing of intellectual property rights with skepticism, calling for legal intervention to protect the public domain against purported encroachment by IP licensors. Recent decisions by the U.S. Supreme Court are consistent with this view. This skeptical approach overlooks three core efficiencies generated by real-world content and technology licensing markets. First, licensing permits firms to customize supply chains in order to allocate supply-chain functions to the least-cost provider of each function, thereby minimizing total innovation and commercialization costs. Second, licensing permits firms to construct hub-and-spoke formations in which larger downstream firms bear production ...


Balancing Copyright Protections And Freedom Of Speech: Why The Copyright Extension Act Is Unconstitutional, Erwin Chemerinsky 2017 Duke Law School

Balancing Copyright Protections And Freedom Of Speech: Why The Copyright Extension Act Is Unconstitutional, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Impression Products, Inc. V. Lexmark Inc.: Will International Patent Exhaustion Bring Free Trade In Patented Goods?, Sarah R. Wasserman Rajec 2017 William & Mary Law School

Impression Products, Inc. V. Lexmark Inc.: Will International Patent Exhaustion Bring Free Trade In Patented Goods?, Sarah R. Wasserman Rajec

Popular Media

No abstract provided.


Publication Agreement Comparison Exercise, University Of Nebraska-Lincoln, Lincoln, Ne, July 12, 2017 (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), Molly Keener, William Cross 2017 Wake Forest University

Publication Agreement Comparison Exercise, University Of Nebraska-Lincoln, Lincoln, Ne, July 12, 2017 (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), Molly Keener, William Cross

Copyright, Fair Use, Scholarly Communication, etc.

Scholarly communication: From understanding to engagement. Asks the questions:

Once each agreement is signed:

 Who owns copyright?

 What does the publisher promise they will do?

 How can you share your article? o With colleagues? o With students? o At conferences?

 What can you archive? Where?

 What would you change?


Disentangling The Right Of Publicity, Eric E. Johnson 2017 University of North Dakota School of Law

Disentangling The Right Of Publicity, Eric E. Johnson

Northwestern University Law Review

Despite the increasing importance attached to the right of publicity, its doctrinal scope has yet to be clearly articulated. The right of publicity supposedly allows a cause of action for the commercial exploitation of a person’s name, voice, or image. The inconvenient reality, however, is that only a tiny fraction of such instances are truly actionable. This Article tackles the mismatch between the blackletter doctrine and the shape of the case law, and it aims to elucidate, in straightforward terms, what the right of publicity actually is.

This Article explains how, in the absence of a clear enunciation of ...


Is Your Health Data Really Private? The Need To Update Hipaa Regulations To Incorporate Third-Party And Non-Covered Entities, Latena Hazard 2017 Catholic University of America (Student)

Is Your Health Data Really Private? The Need To Update Hipaa Regulations To Incorporate Third-Party And Non-Covered Entities, Latena Hazard

Catholic University Journal of Law and Technology

This note argues that the current framework that governs health care applications and consumer privacy is slacking and outlines strategies to ensure protection against third party accessibility of information that consumers deem private.


Table Of Contents, 2017 The Catholic University of America, Columbus School of Law

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.


Masthead, 2017 The Catholic University of America, Columbus School of Law

Masthead

Catholic University Journal of Law and Technology

No abstract provided.


Protecting Privacy In The Era Of Smart Toys: Does Hello Barbie Have A Duty To Report, Corinne Moini 2017 University of Richmond School of Law

Protecting Privacy In The Era Of Smart Toys: Does Hello Barbie Have A Duty To Report, Corinne Moini

Catholic University Journal of Law and Technology

No abstract provided.


How Might The Supreme Court, If It Reviews The Federal Communication's 2015 Open Internet Order, Utilize The Chevron And Arbitrary And Capricious Tests?, John B. Meisel 2017 Southern Illinois University Edwardsville

How Might The Supreme Court, If It Reviews The Federal Communication's 2015 Open Internet Order, Utilize The Chevron And Arbitrary And Capricious Tests?, John B. Meisel

Catholic University Journal of Law and Technology

The article focuses on two Supreme Court decisions, King v. Burwell and FCC v. Fox Televisions Stations, Inc., that provide diametrically different models for how deferential a court should be when it reviews administrative action. The former case addresses how deferential a court should be for an agency’s statutory interpretation of an ambiguous statute for a question that has significant economic and political effects but Congress had not expressly delegated the question to the agency. The latter case addresses how deferential a court should be when an agency’s changes a policy that is within its statutory authority. These ...


Section 337 Of The Tariff Act Of 1930 And Its Impacts On China, Yiqing Yin 2017 Boston University

Section 337 Of The Tariff Act Of 1930 And Its Impacts On China, Yiqing Yin

Catholic University Journal of Law and Technology

337 of the Tariff Act of 1930 (“Section 337”) is one of the statutes that prohibit unfair trade or unfair competition in importation, and it aims at protecting intellectual property at the United States borders. Because of the international impacts of Section 337 and the injunctive nature of its remedies, the application of the statute has profound impacts on the trade between U.S. and other countries.

China is a country that has enormous trade with the U.S and imports large amounts of goods to the U.S. each year. Moreover, the weak intellectual property protection in China has ...


Candidate Appearances, Equal Time, And The Fcc's Online Public File Database: Empirical Data On Tv Station Compliance During The 2016 Presidential Primary, Christopher Terry 2017 University of Minnesota

Candidate Appearances, Equal Time, And The Fcc's Online Public File Database: Empirical Data On Tv Station Compliance During The 2016 Presidential Primary, Christopher Terry

Catholic University Journal of Law and Technology

Following the appearances of presidential candidates Donald Trump, Bernie Sanders and Hillary Clinton on episodes of Saturday Night Live, local television affiliates were required to upload documents related to the appearances to the FCC’s online public file database. After discussing the FCC’s database, the Bona Fide News Exception and the modern application of Section 315’s Equal Time Requirements, this study examines the compliance by the local NBC affiliates in the top 100 television markets with the public file requirements for candidate appearances and subsequent equal time requests as a test of station compliance with the requirements of ...


#Cautionbusinesses: Using Competitors' Hashtags Could Possibly Lead To Trademark Infringement, Debbie Chu 2017 The Catholic University of America, Columbus School of Law

#Cautionbusinesses: Using Competitors' Hashtags Could Possibly Lead To Trademark Infringement, Debbie Chu

Catholic University Journal of Law and Technology

No abstract provided.


Examining The Legalization Of Daily Fantasy Sports, Mark Dourmashkin 2017 Catholic University of America (Student)

Examining The Legalization Of Daily Fantasy Sports, Mark Dourmashkin

Catholic University Journal of Law and Technology

No abstract provided.


“An Ingenious Man Enabled By Contract”: Entrepreneurship And The Rise Of Contract, Catherine Fisk 2017 Duke Law School

“An Ingenious Man Enabled By Contract”: Entrepreneurship And The Rise Of Contract, Catherine Fisk

Catherine Fisk

A legal ideology emerged in the 1870s that celebrated contract as the body of law with the particular purpose of facilitating the formation of productive exchanges that would enrich the parties to the contract and, therefore, society as a whole. Across the spectrum of intellectual property, courts used the legal fiction of implied contract, and a version of it particularly emphasizing liberty of contract, to shift control of workplace knowledge from skilled employees to firms while suggesting that the emergence of hierarchical control and loss of entrepreneurial opportunity for creative workers was consistent with the free labor ideology that dominated ...


Nobody Puts Blockchain In A Corner: The Disruptive Role Of Blockchain Technology In The Financial Services Industry And Current Regulatory Issues, Elizabeth Sara Ross 2017 The Catholic University of America, Columbus School of Law

Nobody Puts Blockchain In A Corner: The Disruptive Role Of Blockchain Technology In The Financial Services Industry And Current Regulatory Issues, Elizabeth Sara Ross

Catholic University Journal of Law and Technology

This Note examines the disruptive effects that distributed ledger technology will have on payment systems and the financial services industry. It discusses how financial technology companies and banks will need to adapt to ensure that American consumers and banks, as well as the American economy at large, remain secure and efficient within an increasingly online and global financial system. This Note argues that the disjointed digital currency licensing regimes and complex landscape of state-by-state money transmission licensing directly threaten to stifle innovation, capital formation, consumer protection, and national cybersecurity. To ensure the U.S. remains competitive in the global financial ...


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