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Full Issue Sep 2025

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Indian Journal of Law and Technology

No abstract provided.


Who Owns Your Adventure? A Need For Legislative Clarity For Streamed Performances Of Video Games, Harrison Busalacchi Sep 2025

Who Owns Your Adventure? A Need For Legislative Clarity For Streamed Performances Of Video Games, Harrison Busalacchi

Brooklyn Journal of Corporate, Financial & Commercial Law

Video games contain copyrighted material that could easily be infringed upon by people streaming a performance of them playing the game. However, the streamers can protect themselves from infringement liability by transforming the content in some form or fashion such that their performance constitutes “fair use” of the copyrighted material. This is often accomplished by the streamer providing commentary while playing the game or adding a small video of themselves in the corner of the stream so that the viewers can see the streamers’ reactions to the content. With artificial intelligence seeing exponential growth in the past couple of years …


Are You The Sum Of Your Data? Appropriation Of Digital Persona As Appropriation Of Likeness, Lyrissa Barnett Lidsky Sep 2025

Are You The Sum Of Your Data? Appropriation Of Digital Persona As Appropriation Of Likeness, Lyrissa Barnett Lidsky

UF Law Faculty Publications

A review of Zahra Takhshid's article, Data as Likeness, 112 Geo. L. J. 1161 (2024).


Inside Ai, Charles Duan Sep 2025

Inside Ai, Charles Duan

Contributions to Books

It is beautiful, the Mandelbrot set. In full, it resembles a horseshoe crab or a sideways Rorschach test, flecked with patterns of spikes and lobes. Zooming in at any point near its edge reveals infinite depths of swirls, reminiscent of Van Gogh’s Starry Night or an intricate paisley textile. The shape could easily hang on a wall, an example of fine abstract art. Yet the entirety of that shape can be computed by repeated application of a simple mathematical function:2 f(x) = x2 + c. Is all the beauty and complexity of the Mandelbrot set “inside” the symbols …


"The Cake Is A Lie:" Locating Loot Boxes In Indian Gaming Framework, Aman Gupta, Samriddh Sharma Aug 2025

"The Cake Is A Lie:" Locating Loot Boxes In Indian Gaming Framework, Aman Gupta, Samriddh Sharma

Indian Journal of Law and Technology

Lootboxes have become endemic in modern video games. These microtransactions allow users to purchase virtual containers without knowing their content, which is determined by chance. There have been increasing concerns about the negative impact of loot-box purchases on mental health and whether these amount to gambling under various laws. In response, several countries have started applying existing gambling laws or legislating new measures to regulate lootboxes. This raises questions about the present state of regulations in the Indian context and whether they are adequate in meeting the risks posed by lootboxes. In the present article, the authors explain the concept …


Steering Indian Financial Services Towards Digital Operational Resilience: A Cross-Sectoral Approach, Vaibhav Vijay Nishad, Smruti Kulkarni Aug 2025

Steering Indian Financial Services Towards Digital Operational Resilience: A Cross-Sectoral Approach, Vaibhav Vijay Nishad, Smruti Kulkarni

Indian Journal of Law and Technology

In India, among the three financial regulators, RBI’s recent focus on creating a robust ICT risk management framework has been at the forefront of the country’s digital operational resilience strategy. The continuous cyber threats and recent digital operational failures have highlighted the need for further enhancements to strategies that establish strong ICT risk management. Addressing these cybersecurity vulnerabilities requires more than prescriptive rules; it demands holistic, flexible, adaptive, and coordinated regulatory approaches to strengthen digital operational resilience. This paper analyses the key issues that need resolution to advance these efforts. We identify the misalignment of economic incentives for compliance as …


Centring Marginalisation In The Development Of Digital Courts: Reflections From Argentina, India, Kenya, And Malaysia, Siddharth Peter De Souza, Varsha Aithala, Francisco Mignaquy, Mercy Muendo, Anisha Nadkarni Aug 2025

Centring Marginalisation In The Development Of Digital Courts: Reflections From Argentina, India, Kenya, And Malaysia, Siddharth Peter De Souza, Varsha Aithala, Francisco Mignaquy, Mercy Muendo, Anisha Nadkarni

Indian Journal of Law and Technology

This paper presents a multi-jurisdictional analysis of digitalisation of justice and the perceived role of courts as public institutions upholding the rule of law and ensuring access to justice to all. Using selected examples from Argentina, India, Kenya and Malaysia, it examines the impact of digitalisation efforts of these countries on their citizens, marginalised populations, the State and private sector. We propose to design an approach to digital justice that centres people on the margins of digital transformation of courts. This includes three elements – first, engagement with people centered perspectives; second, focus on disadvantage and addressing socio-technical factors; and …


From ‘Gig Work’ To Algorithmically Mediated Work: Shifting The Focus To Technological Control In Work Regulation, Jasoon Chelat Aug 2025

From ‘Gig Work’ To Algorithmically Mediated Work: Shifting The Focus To Technological Control In Work Regulation, Jasoon Chelat

Indian Journal of Law and Technology

Platform-based work is finding a place in legislative instruments in India in recent years, under the Code on Social Security, 2020, as well as state-level legislations. In this paper, I argue that these efforts to extend protections to gig or platform work are limited in their understanding of the way work is shaped by digital technologies both within and outside of platforms. Platform-based work regulation seems to have skipped a step: the regulatory discourse has moved on to a welfare-focused model present in informal work, without examining existing jurisprudence on worker rights relevant to digitally mediated work. These legislative instruments …


In The Pursuance Of A Robust Legal Framework To Address Deepfake Harms: An Analysis Of The Indian Legal Discourse, Jyothsna Gurumurthy Aug 2025

In The Pursuance Of A Robust Legal Framework To Address Deepfake Harms: An Analysis Of The Indian Legal Discourse, Jyothsna Gurumurthy

Indian Journal of Law and Technology

A common issue we face in the field of law and technology is the constant game of catch-up that the law is required to play to keep up with advances in technology. Deepfake Technology (primarily based on generative adversarial networks, as explored in this article) exemplifies this game of catch-up and provides a fertile ground for academics and regulators/law makers to explore and understand what it means for a technology regulating law or rule to be robust and enforceable. By examining the judicial handling of deepfake claims within a publicity rights discourse in India, this article suggests the adoption of …


Creative Expression Over Rigid Protection: Why The Ninth Circuit Is Correct To Permit De Minimis Sampling, Mitchell Brost Aug 2025

Creative Expression Over Rigid Protection: Why The Ninth Circuit Is Correct To Permit De Minimis Sampling, Mitchell Brost

Pepperdine Law Review

The legal world is at a crossroads following the Ninth Circuit’s decision to uphold de minimis sampling as a valid practice in VMG Salsoul, LLC v. Ciccone. On the one hand, the Ninth Circuit’s affirmation of de minimis sampling fosters creativity and gives aspiring artists greater access to resources they would not otherwise be able to afford. On the other hand, the Sixth Circuit’s earlier decision in Bridgeport Music, Inc. v. Dimension Films that held de minimis sampling to be categorically illegal bolsters copyright protection and facilitates more predictable outcomes in copyright lawsuits. This Note analyzes both cases and ultimately …


The Files Are In The Computer: On Copyright, Memorization, And Generative Ai, A. Feder Cooper [email protected], James Grimmelmann Aug 2025

The Files Are In The Computer: On Copyright, Memorization, And Generative Ai, A. Feder Cooper [email protected], James Grimmelmann

Chicago-Kent Law Review

No abstract provided.


Creative Machines: Generative Artificial Intelligence And Copyright Law, Ryan Abott, Elizabeth Rothman [email protected] Aug 2025

Creative Machines: Generative Artificial Intelligence And Copyright Law, Ryan Abott, Elizabeth Rothman [email protected]

Chicago-Kent Law Review

No abstract provided.


The Ai-Copyright Trap, Carys J. Craig Aug 2025

The Ai-Copyright Trap, Carys J. Craig

Chicago-Kent Law Review

No abstract provided.


A Principle Of Artistic Data Sovereignty: Linking Creative Reuse To Author Remuneration, Georgia Jenkins Aug 2025

A Principle Of Artistic Data Sovereignty: Linking Creative Reuse To Author Remuneration, Georgia Jenkins

Chicago-Kent Law Review

No abstract provided.


Artificial Intellectual Property, Daniel J. Gervais Aug 2025

Artificial Intellectual Property, Daniel J. Gervais

Chicago-Kent Law Review

No abstract provided.


Trade Secrecy Meets Generative Ai, Camilla A. Hrdy Aug 2025

Trade Secrecy Meets Generative Ai, Camilla A. Hrdy

Chicago-Kent Law Review

No abstract provided.


Copyright Accelerationism, Benjamin L.W. Sobel Aug 2025

Copyright Accelerationism, Benjamin L.W. Sobel

Chicago-Kent Law Review

No abstract provided.


Losing The Big Picture: An Argument For Preserving Irpa Rights For Emotional Damages, Stephen Luke Winbery Aug 2025

Losing The Big Picture: An Argument For Preserving Irpa Rights For Emotional Damages, Stephen Luke Winbery

Chicago-Kent Law Review

No abstract provided.


Copyright Re-Alignment: The Growth Of New Works Outside The Copyright System, Edward Lee Aug 2025

Copyright Re-Alignment: The Growth Of New Works Outside The Copyright System, Edward Lee

Chicago-Kent Law Review

No abstract provided.


Win-Win: How To Remove Copyright Obstacles To Ai Training While Ensuring Author Remuneration (And Why The Ai Act Fails To Do The Magic), Martin Senftleben Aug 2025

Win-Win: How To Remove Copyright Obstacles To Ai Training While Ensuring Author Remuneration (And Why The Ai Act Fails To Do The Magic), Martin Senftleben

Chicago-Kent Law Review

No abstract provided.


Paradise Lost In The Patent Law? Changing Visions Of Technology In The Subject Matter Inquiry, Dana Remus Irwin Aug 2025

Paradise Lost In The Patent Law? Changing Visions Of Technology In The Subject Matter Inquiry, Dana Remus Irwin

Florida Law Review

In recent decades, the Patent and Trademark Office and the federal courts have dramatically expanded the scope of patentable subject matter—the set of inventions eligible for patent protection. Existing scholarship has taken a narrow view of this expansion. Scholars argue on efficiency grounds that without more meaningful limits on the scope of patentable subject matter, future invention will be impeded rather than encouraged. This Article takes a broader view of the subject matter inquiry, tracing its historical development and its changing theories of technology, from the patent system’s inception to the present. This Article demonstrates that through these theories of …


Copyright In Characters: A Proposal For Reform, Michael W. Carroll Aug 2025

Copyright In Characters: A Proposal For Reform, Michael W. Carroll

Joint PIJIP/TLS Research Paper Series

The doctrine of character copyright is an eccentricity in copyright law that should either be abandoned or substantially reformed. Originally limited to literary characters, this doctrine decomposes a narrative work in order to recognize characters as works of authorship independent of the narrative works from which they are derived. Claimants generally seek independent protection for characters for three, sometimes overlapping, reasons: (1) to repackage what would otherwise be a weak claim of substantial similarity if comparison were to be made with the work(s) from which the character has sprung; (2) to overcome obstacles posed by prior licensing decisions that have …


From Code To Compliance: Regulating Daos In Canada: Legal Frameworks And Challenges, Gulnoza Abdurakmonova Aug 2025

From Code To Compliance: Regulating Daos In Canada: Legal Frameworks And Challenges, Gulnoza Abdurakmonova

Canadian Journal of Law and Technology

This paper examines the regulatory challenges surrounding Decentralised Autonomous Organizations (DAOs) in Canada and argues that existing legal frameworks— primarily designed for traditional corporate entities— are inadequate for addressing the unique characteristics of DAOs. While securities regulators have taken steps to oversee aspects of DAO activity, a broader regulatory framework is needed to provide legal clarity, address governance and liability concerns, and foster responsible innovation. This study recommends a dual approach: (1) extending corporate law reforms to define the legal status and obligations of DAOs, and (2) developing a regulatory framework that balances investor protection with the flexibility needed for …


Recommended For You Streaming Platform Recommendation Algorithms And Consumer Rights, Margaret Wilson Aug 2025

Recommended For You Streaming Platform Recommendation Algorithms And Consumer Rights, Margaret Wilson

Canadian Journal of Law and Technology

Streaming platforms are becoming increasingly popular with consumers. In Canada, recent studies have suggested that 55% of Canadians use video streaming services, like Netflix, on a daily basis. Similarly, up to 30% stream audio content daily on platforms like Spotify.6 The federal government has recognized that the broadening use of these technologies creates new challenges for consumer privacy and has proposed updates to consumer privacy laws in Bill C-27. With the dissolution of the 44th Parliament on March 23, 2025, Bill C-27 died on the roll and will not be adopted. As proposed legislation, Bill C-27 signalled the direction of …


Balancing The Use Of Ai With Canadian Privacy Rights: An Analysis Of Personal Information Collection Through Emerging Ai Tools, Tamie Dolny, Methura Sinnadurai Aug 2025

Balancing The Use Of Ai With Canadian Privacy Rights: An Analysis Of Personal Information Collection Through Emerging Ai Tools, Tamie Dolny, Methura Sinnadurai

Canadian Journal of Law and Technology

Biometric information collection through artificial intelligence (AI) is a new, dynamic and exciting technology that also raises significant privacy law considerations for in house and governmental lawyers in Canada. While organizations may be quick to collect personal information using forms of AI technology, these entities should be aware of the legal risk posed by technologies which may violate the Freedom of Information and Protection of Privacy Act (FIPPA)1 and/or the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA),2 especially if users are unaware of, or have not consented to the use of their personal information by the AI …


Social Capital And Mobility Of Starling Madura Coffee Traders In Jakarta, Yeni Priana, Manneke Budiman Jul 2025

Social Capital And Mobility Of Starling Madura Coffee Traders In Jakarta, Yeni Priana, Manneke Budiman

International Review of Humanities Studies

This study aims to generate knowledge about the social capital underlying the resilience of Starling Madura coffee traders in Jakarta. The idea that underlies this analysis is Bourdieu's social capital theory, in which social capital formed through networks is able to provide independence in overcoming social and economic problems. In addition to social capital, mobility strategies are utilized as opportunities by Starling Madura coffee traders in an effort to survive sustainably in the context of the informal economic order in Jakarta. This study provides data and analysis that strengthen the idea that Starling Madura coffee traders adopt distinctive social capital …


Representation Of Women’S Role In Sumbanese Ikat Weaving (Tenun Ikat), Tasya Widya Krisnadi Jul 2025

Representation Of Women’S Role In Sumbanese Ikat Weaving (Tenun Ikat), Tasya Widya Krisnadi

International Review of Humanities Studies

The craft of weaving is not merely an economic or artistic activity, but also plays a central role in the identity and social life of the Sumba community, particularly in the Kodi District of Southwest Sumba Regency. Women in Sumba play a crucial role in the practice of tenun ikat. They are not only the custodians of the skills and technical knowledge of weaving, but also the bearers of cultural values embedded in the process. This research aims to reveal the role of Sumbanese women as preservers of tradition amidst the currents of modernization. This study employs qualitative methods with …


The British Colonial Land Policy And The Development Of Plantation Agriculture In Colonial Southwestern Nigeria, Adesola S. Adesote Jul 2025

The British Colonial Land Policy And The Development Of Plantation Agriculture In Colonial Southwestern Nigeria, Adesola S. Adesote

International Review of Humanities Studies

The main thrust of this paper is to critically analyse the impact of the colonial land policy of the British on plantation agriculture in colonial Southwestern Nigeria. Although land legislation had been introduced as far back as the late 19th century, such as the Public Lands Ordinance of 1876 later renamed the Public Lands Acquisition Ordinance of 1917, it was vigorously pursued with the imposition of colonial rule in the period between 1900 and 1960. It argued that the introduction of land policy by the British in order to achieve her economic objective in Nigeria led to the commercialisation …


Soft Power: Brics Cultural Diplomacy And The Rebalancing Of Global Narratives, Brice Tseen Fu Lee, Kotchaphop Kornphetcharat, Juan Pablo Sims Jul 2025

Soft Power: Brics Cultural Diplomacy And The Rebalancing Of Global Narratives, Brice Tseen Fu Lee, Kotchaphop Kornphetcharat, Juan Pablo Sims

International Review of Humanities Studies

BRICS has broadened its agenda beyond finance to cultivate soft power through coordinated cultural diplomacy. Examining official statements, press releases, and scholarly commentary on the bloc’s flagship film, sports, and ministerial initiatives, this article shows that cooperation is advancing from one-off spectacles toward structured, recurring institutions. Findings indicate two simultaneous dynamics: outwardly, BRICS venues amplify Global-South perspectives that diversify international cultural flows; inwardly, member states use the same platforms to signal national prestige, revealing persistent status competition. The result is an early but uneven cultural architecture—one that counters Euro-Atlantic narrative dominance yet has not crystallized into a fully coherent BRICS …


Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer Jul 2025

Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer

Seattle University Law Review

The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …