Digital Commons Network^™

Fairer Public Benefit In Copyright Law, Amanda Levendowski Tepski

Georgetown Law Faculty Publications and Other Works

In 1966, a court considered expressly whether a secondary use of copyrighted works served a public benefit. While public benefit has become a subfactor of the fair use doctrine, it remains undefined, uncodified, and undertheorized. Courts often invoked public benefit in pivotal cases involving novel technologies, from home video recorders to digital libraries to algorithms--but they did not need to. After the recent Supreme Court decision in Google v. Oracle, however, public benefit is unavoidable: The Court stated that “we must take into account the public benefits the copying will likely produce.” A qualitative analysis of key public benefit cases …

A Speaker-Based Approach To Content Moderation: The Case Of Livestreaming, Maayan Perel

Vanderbilt Journal of Entertainment & Technology Law

Livestreams on social media represent a unique form of User-Generated Content. Delivering events and experiences in real time, while turning passive listeners into an involved audience, livestreaming facilitates users’ engagement and participation. Streaming promotes freedom of expression and facilitates diversity and pluralism in news reporting. It further allows users to maintain truth and authenticity in a potentially fabricated realm of Generative Artificial Intelligence (AI). Speakers are eager to capitalize on the instantaneous nature of livestreaming; some are using it to document newsworthy events or promote business interests, and others exploiting it by spreading unlawful and malicious content in pursuit of …

The Effectiveness Of Public-Private Partnerships In Addressing Residential Urban Development Challenges In Greater Cairo, Sara Nagy Abdelmessih

Theses and Dissertations

This research explores the effectiveness of Public-Private Partnerships (PPPs) in tackling the residential urban development challenges facing Cairo today. In the past two decades, PPPs have emerged as a dominant mode of housing production, positioned as collaborative ventures between state agencies and private developers. They have become integral to the expansion of Greater Cairo, producing vast new urban extensions under the promise of mobilizing private capital, technical expertise, and delivery capacity. Yet, questions remain about whether these arrangements genuinely address Egypt’s most urgent housing needs, or whether they reproduce market-driven logics that leave large segments of the population excluded. The …

Dignity And Deepfakes, Michael Goodyear

Articles & Chapters

Today, we face a dangerous technosocial combination: AI-generated deepfakes and the Internet. Believable and accessible, these deepfakes have already spread sex, lies, and false advertisements across the Internet and targeted everyone from Taylor Swift to middle school students. Dissemination of deepfakes inflicts multifarious dignitary harms against their victims—especially women and LGBTQ+ persons—stripping them of control over their own identities, harming their reputations, and ostracizing them from society through shame.

Yet this is not the first time a new technology for capturing one’s likeness and a method for disseminating images threatened individuals’ dignity. In the late nineteenth century, the right of …

Common Law Notice-And-Takedown, Michael Goodyear

Articles & Chapters

Platform liability is a complex landscape under U.S. law. The immunity for users’ torts provided by Section 230 of the Communications Decency Act has understandably garnered the most attention. In addition, many intellectual property law scholars have also examined the requirements of the Digital Millennium Copyright Act (“DMCA”), which provides safe harbors for users’ copyright infringements. The DMCA enumerates a long series of requirements that online platforms must satisfy to be immunized for their users’ infringements, including a notice-and-takedown regime, a repeat infringer policy, and a prohibition on having the right and ability to control and a direct financial benefit. …

Measuring And Mitigating Drip Pricing Overcharge: Evidence From An Online Marketplace Experiment With A Digital Shopping Assistant, Benjamin Lu, Daniel Markovits, Andrew Miller, Rory Van Loo

Faculty Scholarship

We study how much drip pricing (hidden mandatory fees revealed after consumers have begun the buying process) raises prices paid for identical goods and whether an automated shopping assistant mitigates the effect. In a randomized online marketplace experiment (n = 1608) with real purchases of gift cards funded by a $15 endowment, we vary the initial and final presentation of the gift cards’ prices across 33 levels and randomly assign participants to an automated assistant that flags a lower-price identical option and links to it. Relative to transparent pricing, drip pricing increases the average price paid by up to a …

The Sports Parent's Predicament, Katharine B. Silbaugh

Faculty Scholarship

Youth sport enjoys a favored status in American culture, encouraged by policymakers and local communities, pursued by parents, and remembered through rose-colored lenses by adults. Most lawyers are familiar with Justice Harry Blackmun’s ode to the magical qualities of baseball in Flood v. Kuhn, in which he took the liberty of running through his own memories of scores of baseball legends.¹ Congress and presidents want children to continue in sport.² Many in the health field argue that sport is important because exercise is important, and sport is treated as the natural manifestation of exercise.³ An enormous number—perhaps …

Metaphysical Quandary Of Synthetic Media Transparency, Darrell G. Mottley

Vanderbilt Journal of Entertainment & Technology Law

Artificial intelligence (AI) is reshaping our view of reality. The interaction between human creativity and generative AI presents both opportunities and challenges concerning free speech and innovation. AI’s transformative impact on perceptions of innovation complicates discussions surrounding creativity and societal expectations. A human-centric perspective in the debate over government-mandated transparency for AI-generated creative works reveals a notable conflict. This conflict arises from the need to balance the protection of human creativity with an apparent obligation to provide information about the human or nonhuman origins of creative works. As society increasingly relies on AI technologies to produce art, literature, and other …

Minors Or Miners? Analyzing Compensation Of User-Generated Content Under The Fair Labor Standards Act, J. Clayton Eaton

Vanderbilt Journal of Entertainment & Technology Law

Roblox is an online platform where users, many of whom are under the age of eighteen, create games, virtual experiences, and digital assets that generate significant revenue for Roblox Corporation, the owner of Roblox. These young content creators are compensated primarily through platform-specific virtual currency, which can be difficult to convert into real-world money due to the high thresholds for conversion and the unfavorable exchange rates. Even though these systems resemble labor relationships, existing legal frameworks and government actions do little to address the creators’ rights to fair compensation. This regulatory gap has allowed platforms like Roblox to operate under …

The Public Health Cost Of Online Behavioral Targeting, Arthi Annadurai

Vanderbilt Journal of Entertainment & Technology Law

Behavioral targeting is an increasingly popular marketing technique that utilizes users’ online activity to personalize advertisements aimed at consumers. However, since personalized advertisements aim to influence individual consumers, behavioral targeting can negatively impact vulnerable users. For instance, it may reinforce harmful behaviors—like showing alcohol advertisements to individuals with alcohol dependency—or worsen mental health struggles, such as prolonging grief by continuing to serve parenting advertisements to those mourning the loss of a child. These practices can perpetuate harmful behaviors, such as relapse or heightened psychological distress, and contribute to long-term health problems, such as addiction or other mental health problems, creating …

The Sec Proposed Cybersecurity Infrastructure Rules And New Disclosure Requirements, Neal F. Newman, Lawrence J. Trautman, Brian Elzweig

Faculty Scholarship

In addition to regulation of securities market issuers, the Securities & Exchange Commission (SEC) is also responsible for regulation of those entities that provide the networks, either electronic or physical, that enable the functioning of our securities markets. On February 9, 2022, the Commission published a Release for Cybersecurity Risk Management for Investment Advisers, Registered Investment Companies, and Business Development Companies containing proposals that, if adopted, would establish a new cybersecurity incident reporting and disclosure regime and require registered investment advisers (“advisers”) and investment companies (“funds”) to implement policies and procedures designed to address cyber risks. The comment period for …

Traditional And Computational Canons, Eric H. Martinez

Faculty Scholarship

As part of the rise of modern textualism, dictionaries and linguistic canons have become a ubiquitous part of legal interpretation. One longstanding question is whether judges citing these tools sincerely attempt to follow the meaning of a text, or if their invocation is merely window-dressing for a preferred outcome. The practical significance of this question extends across all major doctrinal areas, and with the Supreme Court’s overturning of Chevron deference, its importance is only to grow, as courts are now instructed to use every tool at their disposal to resolve ambiguity when interpreting a law. This Article is the first …

Better Digital Contracts With Prosocial Friction-In-Design, Brett Frischmann, Moshe Y. Vardi

Faculty Publications

Contract law is supposed to enable people to reach genuine agreements and cooperate. If this ideal was ever a reality, the rise of mass market contracts and boil­erplate rendered it pure fiction. Modern consumer contracts are incomprehensible to most people. No one reads them anyway.

Digital contracting involves design features that amplify traditional boilerplate harms and create others. For example, digital contracting is too cheap; low marginal costs lead to overexpansion in scale and scope. To make matters worse, the loss of autonomy from repeat engagement with digital contracting systems is pernicious. People become increasingly predictable and programmable as digital …

Law Grapples With Its Achilles’ Heel? Uncertainties, Digital Experiments, And The Ai Frontier, Heng Wang

Research Collection Yong Pung How School Of Law

The governance of digitalization— which encompasses developments such as artificial intelligence (AI) and central bank digital currencies (CBDCs) — confronts serious challenges. At the core of the challenges are uncertainties, which form the central obstacle to effective governance. These uncertainties range from cyber risks to shifting societal responses. Law, as an institutionalized framework of governance, faces mounting pressure and wrestles with a fundamental vulnerability: traditional legal frameworks struggle to address uncertainties in digitalization.

To tackle the pervasive challenges of uncertainties, this article addresses two connected questions: What uncertainties does law face in governing digitalization shaped by emerging technologies? How can …

Civil Liability For Invasions Of Privacy: Whither Singapore?, Yu Han Lam

Research Collection Yong Pung How School Of Law

Intrusions upon privacy are becoming increasingly common in Singapore. Singapore has yet to establish a tort addressing this issue, although the SAL Law Reform Committee has proposed a tort of misuse of private information. Australia has also recently introduced a statutory tort of serious invasion of privacy. This article will argue for the need for a Singapore tort of intrusion upon seclusion, on top of the already proposed tort of misuse of private information, to cover more appropriately instances of intrusions upon privacy.

Methodology Of Market Definition: Case Of Digital Multi-Sided Platforms, Anzhelika Gerasymenko, Vasyl Hanovskyi

Yearbook of Antitrust and Regulatory Studies

The rapid expansion of the digital economy has significantly contributed to the increasing market power of digital multi-sided platforms, making its precise measurement increasingly challenging. The main reason is the lack of efficiency of SCP-tools in digital markets that push competition authorities to look for alternative ways of competition regulation in such markets (like the DMA approach), while its results are still poor. This paper provides the methodological grounding of a vertical breakdown of a complex product traded by digital multi-sided platforms to bring back the conventional tools of market definition and to adjust them to the specifics of digital …

The Deferential Asian American: Low Racial Status And The Invisibility Of Asian Americans In Leadership And The American Narrative, Reginald Oh

St. John's Law Review

(Excerpt)

This Article will proceed in five parts. First, an important caveat. When the Article refers to Asian Americans, it refers to all Asian American subgroups except for South Asian Americans, because South Asian Americans are not perceived to be deferential in the same way as other Asian American subgroups. Consequently, their experience with leadership is unique among Asian Americans, and much of the analysis in this Article does not apply to them.

With that caveat, Part I will discuss the invisibility of Asian Americans generally, but particularly in leadership positions. Part II will discuss the concept of social status …

Vestigial Fiscal Constitutions, Joe Schomberg

St. John's Law Review

(Excerpt)

This Article examines the history and original intent of fiscal constitutions in the United States, providing helpful context for their usefulness today. It argues that, due to the rigidity of states’ fiscal constitutions, they are ultimately ineffective at preventing state and local governments from incurring more and more debt. Ultimately, it suggests that the weakness of state fiscal constitutions is a result of their functionality being overtaken by increased efficiencies in the capital markets and Tiebout-Tullock markets. Our state fiscal constitutions have suffered the same fate as our wisdom teeth or appendixes—they have become less useful and less relied …

Addressing The Abuse Of Monopsony Power In Labor Markets: Examining Potential Public And Civil Law Remedies And Sanctions, Zofia M. Mazur

Yearbook of Antitrust and Regulatory Studies

Although thousands of reported cases involve allegations of firms illegally forming cartels in product markets, relatively few deal with similar allegations in labor markets. Moreover, as observed in legal doctrine, labor markets tend to be more concentrated than product markets and, consequently, more susceptible to anticompetitive conducts by undertakings. The article, therefore, analyzes the so-called monopsony power in the labor market, which refers to any case where employers hold labor market power that allows them to unilaterally determine wages or to worsen working conditions by reducing employment.

It is argued that competition law should be used to effectively curb abuse …

Defederalizing Opioid Addication Care, Matthew B. Lawrence

San Diego Law Review

Lack of access to evidence-based care for drug addiction is an urgent problem amid a decades-long overdose crisis that kills more than one hundred thousand Americans a year. Opioid addiction is the primary driver of overdoses today, and medicines exist to treat such addiction that can dramatically improve quality of life while reducing the risk of deadly overdose by more than half. Yet fewer than one in four of the nine million Americans who need such evidence-based medical care for their addiction receive it. Chief among barriers to access are restrictive and burdensome federal requirements limiting the use of narcotic …

09.29.2025 Ored Connect, Liz Williamson

ORED Newsletter

• Contest for Biosafety and Biosecurity Month
• ORED Website Walk Through training
• MIG Applications
• Field Fest

การใช้อำนาจเหนือตลาดโดยมิชอบในลักษณะการเอาเปรียบด้านการคุ้มครองข้อมูลและการคุ้มครองสิทธิส่วนบุคคลในสหรัฐอเมริกา: ปัจจัยขับเคลื่อนและท่าทีของ Ftc (ตอนที่ 1: ปัจจัยสภาพความเป็นจริงของตลาดและปัจจัยภายนอกจากสหภาพยุโรป) (Data Abuse And Exploitation As Abuse Of Dominance? The Driving Forces And The Position Of Ftc (Part I: Market Realities And European Influence As External Factor)), Pulawit Wanichsetakul

Chulalongkorn University Law Journal

ปัจจัยเรื่องสภาพความเป็นจริงของตลาดดิจิทัลที่เป็นตลาดที่ขับเคลื่อนโดยข้อมูลซึ่งทำให้ตลาดดิจิทัลมีความเสี่ยงต่อการถูกผูกขาดโดยแพลตฟอร์มรายใหญ่ และทำให้การคุ้มครองข้อมูลส่วนบุคคลเข้ามามีบทบาทสำคัญอย่างหลีกเลี่ยงไม่ได้ และปัจจัยภายนอกจากอิทธิพลการบังคับใช้กฎหมายการแข่งขันทางการค้าในสหภาพยุโรป เป็นปัจจัยสองประการแรกที่ผลักดันให้คณะกรรมาธิการการค้าของสหรัฐอเมริกา (FTC) มองความเกี่ยวพันระหว่างการคุ้มครองข้อมูลส่วนบุคคลกับการป้องกันการผูกขาดในแบบบูรณาการมากขึ้นและรับเอาแนวคิดการใช้อำนาจเหนือตลาดโดยมิชอบในลักษณะการเอาเปรียบด้านการคุ้มครองข้อมูลส่วนบุคคลและการคุ้มครองสิทธิส่วนบุคคลมาเป็นส่วนหนึ่งของนโยบายการบังคับใช้กฎหมายป้องกันการผูกขาดของตน ซึ่งนำไปสู่การดำเนินคดีป้องกันการผูกขาดกับดิจิทัลแพลตฟอร์มรายใหญ่ในระลอกล่าสุดนับแต่ปี 2020 เป็นต้นมา รวมถึงการดำเนินคดีกับ Facebook ของ FTC

Brief For Amici Curiae Brian L. Frye, Jess Miers, And Mateusz Blaszczyk In Support Of Appellant, Bryan L. Frye, Jess Miers, Mateusz Blaszczyk

Scholarly Works

This is an amicus curiae brief filed by Brian L. Frye, Jess Miers, and Mateusz Blaszczyk in support of ROSS Intelligence, Inc., arguing that Thomson Reuters's claim for copyright infringement should be dismissed.

Amicus Brief In Support Of Ross Intelligence In Ross Intelligence V. Thomson Reuters, Jess Miers, Bryan L. Frye, Mateusz Blaszczyk

Akron Law Faculty Publications

This amici curiae brief, filed in Thomson Reuters Enterprise Centre GmbH and West Publishing Corp. v. ROSS Intelligence Inc. before the U.S. Court of Appeals for the Third Circuit, argues that Thomson Reuters failed to state a viable claim for copyright infringement against ROSS Intelligence. The amici—law professors specializing in copyright and technology—contend that Westlaw’s headnotes are uncopyrightable factual summaries of judicial opinions and that the West Key Number System has long been in the public domain. The brief distinguishes between AI “pretraining” and “fine-tuning,” emphasizing that ROSS’s fine-tuning process relied on expert-created materials rather than wholesale copying. It cautions …

Ecocide In The War On Gaza: An Environmental Crime That Affects The Whole World, Yazan A. Albatta

COP30

Environmental destruction in conflict zones is an escalating global crisis that directly undermines climate justice and ecological stability. This policy paper examines the concept of ecocide through the lens of the war on Gaza, where the deliberate or reckless targeting of natural resources has caused severe and lasting damage to water, soil, air, and biodiversity. The Gaza case reveals how warfare can accelerate climate change, destroy carbon-absorbing ecosystems, and leave communities with uninhabitable land and poisoned water supplies. Using Gaza as the primary case study, and drawing comparisons to environmental impacts observed during the Iraq war, the paper analyzes the …

The Invisible Chains: Framing Abuse Of Dominant Position In Labor Markets, Giulia Mangiafico

Yearbook of Antitrust and Regulatory Studies

This paper examines how the concept of abuse of dominant position can be applied to the labour markets, where demand-side concentration and supply-side fragmentation generate monopsonistic dynamics that suppress wages, limit mobility, and reduce job security. It argues that traditional antitrust tools can be adapted to labour-specific contexts by redefining market boundaries through commuting zones, occupational substitutability, and recognition of artificial fragmentation. The study also addresses how exploitative practices such as non-compete agreements illustrate the concrete impact of employer power, and it highlights the need for a more coherent regulatory approach. Ultimately, it suggests that competition law, when enforced alongside …

Panel 6 - Tax Sovereignty Asserted And Practiced, David Duff, Jonathan Farrar, Lyne Latulippe, Nicolas Proulx, Jinyan Li

A. Cockfield Memorial Symposium

Chair: David Duff (University of British Columbia)

Jonathan Farrar (Wilfrid Laurier University), Mapping Public Attitudes Toward Taxation: A Cross-National Study of Fiscal Citizenship

Lyne Latulippe (Université de Sherbrooke) and Nicolas Proulx, (Members of Parliament in Development and Adoption of International Tax Policy), Implementation of International Tax Policy by the Canadian Parliament – The case of the MLI

Jinyan Li (Osgoode Hall Law School) and Angelo Nikolakakis (EY), Shrinking Tax Sovereignty in Canada? Evidence from the Income Tax Act

Commentators: Sophie Chatel (MP); Shawn Porter (Deloitte)

Wmu Maritime Affairs Conference 2025 : Transforming A Maritime Future : Digitalization And Decarbonization, World Maritime University

Books

No abstract provided.

Space: The Final Frontier (For State Power): The History Of The East India Company And The Future Of Outer Space, Richard Culbert

International Law Studies

Outer space may be the last domain where States largely lack the capability to use coercive force as an instrument of State control. In all areas of the globe, major powers have militaries and police forces that far exceed the capability of even the largest corporations. As corporations take an increasingly large role in outer space commerce it is likely that these private actors will develop a capacity to use force that quickly surpasses even the most powerful States.

To date there has been little analysis of this future phenomenon by legal scholars. Perhaps as a result, the current international …

Will Systematic Stewardship Save The Planet?, Zohar Goshen, Assaf Hamdani

Villanova Law Review (1956 - )

No abstract provided.