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Open Source, Modular Platforms, And The Challenge Of Fragmentation, Christopher S. Yoo 2016 University of Pennsylvania Law School

Open Source, Modular Platforms, And The Challenge Of Fragmentation, Christopher S. Yoo

Faculty Scholarship

Open source and modular platforms represent two powerful conceptual paradigms that have fundamentally transformed the software industry. While generally regarded complementary, the freedom inherent in open source rests in uneasy tension with the strict structural requirements required by modularity theory. In particular, third party providers can produce noncompliant components, and excessive experimentation can fragment the platform in ways that reduce its economic benefits for end users and app providers and force app providers to spend resources customizing their code for each variant. The classic solutions to these problems are to rely on some form of testing to ensure that the ...


No Comment: Will Cariou V. Prince Alter Copyright Judges’ Taste In Art?, Christine Haight Farley 2016 American University Washington College of Law

No Comment: Will Cariou V. Prince Alter Copyright Judges’ Taste In Art?, Christine Haight Farley

Christine Haight Farley

Even before Campbell v. Acuff-Rose Music, Inc. made transformativeness the name of the game in fair use law, judges have been in search of artistic speech in their copyright fair use determinations, especially in appropriation art cases. Judges often find themselves ascribing meaning both to the defendant’s work and the plaintiff’s work when comparing the two in order to determine whether defendant’s art is new. So while many commentators attribute appropriation artist Jeff Koons’s victory in Blanch v. Koons after a string of losses to the development in fair use law contributed by Campbell, I instead ...


Optimal Property Rights For Emerging Natural Resources: A Case Study On Owning Atmospheric Moisture, Jianlin Chen 2016 University of Hong Kong

Optimal Property Rights For Emerging Natural Resources: A Case Study On Owning Atmospheric Moisture, Jianlin Chen

University of Michigan Journal of Law Reform

This Article critically examines the design of property rights for emerging natural resources—naturally occurring substances that humans have only recently come to be able to exploit viably—through a case study of how the fifty states allocate ownership in, and regulate the use of, atmospheric moisture, an issue that has emerged in the context of weather modification (particularly cloud seeding). Building on the surprising finding that legislative declarations of state ownership have not resulted in greater regulatory control or other substantial restrictions on private use, this Article highlights a dimension of property rights design that has yet to receive ...


The New Pcast Report To The President Of The United States On Forensic Science, Robert M. Sanger 2016 Santa Barbara College of Law

The New Pcast Report To The President Of The United States On Forensic Science, Robert M. Sanger

Robert M. Sanger

The President of the United States requested an in-depth report from the President’s Council of Advisors
on Science and Technology (known as PCAST) in 2015 to “consider whether there are additional steps that
could usefully be taken on the scientific side to strengthen the forensic science disciplines and ensure the validity of forensic evidence used in the Nation’s legal system.” The PCAST Report was issued September 20, 2016, specifically referring to criminal court applications of forensic science. The report has implications for civil
litigators as well as criminal. It also has implications for judges, particularly those at the ...


Privatization Of The Judiciary, Eldar Haber 2016 Seattle University School of Law

Privatization Of The Judiciary, Eldar Haber

Seattle University Law Review

The digital era invoked new challenges to judicial systems. The Internet enabled violation of privacy and intellectual property rights and enhanced the magnitude of criminal activity. Recognizing the inability of courts to handle a high magnitude of lawsuits, along with enforcement difficulties, policymakers worldwide chose to delegate quasi-judicial powers to online intermediaries that facilitate or enable such potential violations or infringements of rights. Search engines were first tasked to perform a quasi-judicial role under a notice-and-takedown regime to combat copyright infringement around the world. Recently, the European Union (EU) decided to delegate judicial authority to search engines by granting rights ...


Newsroom: The Legal Impact Of Marine Debris 10-21-2016, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: The Legal Impact Of Marine Debris 10-21-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Internet Of Things: Where Privacy And Copyright Collide, Lidiya Mishchenko 2016 Santa Clara Law

The Internet Of Things: Where Privacy And Copyright Collide, Lidiya Mishchenko

Santa Clara High Technology Law Journal

The Internet of Things: Where Privacy and Copyright Collide


A Genre Theory Of Copyright, Omri Rachum-Twaig 2016 Santa Clara Law

A Genre Theory Of Copyright, Omri Rachum-Twaig

Santa Clara High Technology Law Journal

A Genre Theory of Copyright


Technological Neutrality: Recalibrating Copyright In The Information Age, Carys Craig 2016 Osgoode Hall Law School of York University

Technological Neutrality: Recalibrating Copyright In The Information Age, Carys Craig

Carys Craig

This article aims to draw the connection between how we conceptualize legal rights over information resources and our capacity to develop technologically neutral legal norms in the information age. More specifically, it identifies and critically examines three competing approaches to the idea of technological neutrality apparent in copyright jurisprudence. Ultimately, it is argued that true technological neutrality requires not simply the seamless expansion of legal rights into new technological contexts, but the careful, contextual recalibration of rights and interests in light of shifting values and changing circumstances. As a normative principle, technological neutrality in copyright law thus demands a nuanced ...


Indifference And Secondary Liability For Copyright Infringement, Richard G. Kunkel 2016 Santa Clara Law

Indifference And Secondary Liability For Copyright Infringement, Richard G. Kunkel

Santa Clara High Technology Law Journal

Indifference and Secondary Liability for Copyright Infringement


Siri-Ously? Free Speech Rights And Artificial Intelligence, Toni M. Massaro, Helen Norton 2016 University of Arizona James E. Rogers College of Law

Siri-Ously? Free Speech Rights And Artificial Intelligence, Toni M. Massaro, Helen Norton

Northwestern University Law Review

Computers with communicative artificial intelligence (AI) are pushing First Amendment theory and doctrine in profound and novel ways. They are becoming increasingly self-directed and corporal in ways that may one day make it difficult to call the communication ours versus theirs. This, in turn, invites questions about whether the First Amendment ever will (or ever should) cover AI speech or speakers even absent a locatable and accountable human creator. In this Article, we explain why current free speech theory and doctrine pose surprisingly few barriers to this counterintuitive result; their elasticity suggests that speaker humanness no longer may be a ...


Apple Watch-Ing You: Why Wearable Technology Should Be Federally Regulated, Grant Arnow 2016 Loyola Marymount University and Loyola Law School

Apple Watch-Ing You: Why Wearable Technology Should Be Federally Regulated, Grant Arnow

Loyola of Los Angeles Law Review

No abstract provided.


Change In Regulation Is Necessary For Genetically Engineered Mosquitoes, Insung Hwang 2016 University of Michigan Law School

Change In Regulation Is Necessary For Genetically Engineered Mosquitoes, Insung Hwang

Michigan Journal of Environmental & Administrative Law

Millions of genetically engineered (GE) mosquitoes could soon be released in Key West, Florida as an effort to eradicate wild mosquitoes that are transmitters of diseases such as malaria, dengue, and chikungunya. Both international and domestic regulations fail to provide effective regulatory schemes that can facilitate the application of this technology while ensuring all safety and environmental aspects are properly addressed. The Food and Drug Administration’s assertion of jurisdiction is based on its assessment that the GE mosquitoes are “animal drugs” under the Federal Food, Drug, and Cosmetic Act. This is especially troublesome because the end goal of using ...


Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle 2016 University of Pennsylvania Law School

Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle

Michigan Journal of Race and Law

This Article examines how military automated surveillance and intelligence systems and techniques, when used by civilian police departments to enhance predictive policing programs, have reinforced racial bias in policing. I will focus on two facets of this problem. First, I investigate the role played by advanced military technologies and methods within civilian police departments. These approaches have enabled a new focus on deterrence and crime prevention by creating a system of structural surveillance where decision support relies increasingly upon algorithms and automated data analysis tools and automates de facto penalization and containment based on race. Second, I will explore these ...


Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey 2016 University of Georgia School of Law

Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey

Georgia Journal of International & Comparative Law

No abstract provided.


Marine Law Symposium: Legal And Policy Approaches To Reduce Marine Debris In New England 11/04/2016, Roger Wiliams University School of Law 2016 Roger Williams University

Marine Law Symposium: Legal And Policy Approaches To Reduce Marine Debris In New England 11/04/2016, Roger Wiliams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Our Time Is Better Spent Influencing Future Disruption: A Call To End The Indiscriminate War Against Self-Help Legal Technology, Olivia Clark 2016 Georgia State University

Our Time Is Better Spent Influencing Future Disruption: A Call To End The Indiscriminate War Against Self-Help Legal Technology, Olivia Clark

The University of Cincinnati Intellectual Property and Computer Law Journal

Under the guise of consumer protection, lawyers and bar associations have used disparate litigious mechanisms to thwart, inadvertently or not, the use of self-help legal technology. This paper will demonstrate that such adversity is not logical after a consideration of the technical functions that the software performs and unduly restricts underserved populations’ access to the law because of the misapplication of policy to vaguely worded laws. This paper will provide a thorough analysis of legal action taken against the high-profile company LegalZoom under the theory of unauthorized practice of law provides direct support of this claim. Summary and critique of ...


The Academy Standards Board For Firearms And Toolmarks, Robert M. Sanger 2016 Santa Barbara College of Law

The Academy Standards Board For Firearms And Toolmarks, Robert M. Sanger

Robert M. Sanger

This article will discuss the Academy Standards Board Consensus Body for Forensics in the area of Firearms and Toolmarks, and its role in the scheme of standards, commissions and entities doing this type of work.


21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell 2016 Notre Dame Law School

21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell

Mary Ellen O'Connell

The world faces tough arms control challenges from preventing the development and use of weapons of mass destruction to regulating the new weapons of the computer revolution. This article considers what works in arms control. Using military force in violation of international law to destroy nuclear facilities, to stop weapons shipments, or to punish the use of prohibited weapons typically fails. Diplomacy paired with lawful counter-measures has the superior track record. Reviving the art of diplomacy and re-committing to authentic international law will pay dividends in peace and security.


Trending @ Rwu Law: Linn F. Freedman's Post: The Goal Of Gender Equality In Cybersecurity 08/23/2016, Linn F. Freedman 2016 Roger Williams University School of Law

Trending @ Rwu Law: Linn F. Freedman's Post: The Goal Of Gender Equality In Cybersecurity 08/23/2016, Linn F. Freedman

Law School Blogs

No abstract provided.


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