Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Wrongful Improvers As A Guiding Principle For Application Of The Ftc’S Ip Deletion Requirement, Emma Elder
Wrongful Improvers As A Guiding Principle For Application Of The Ftc’S Ip Deletion Requirement, Emma Elder
Washington Law Review
The 2021 Federal Trade Commission (FTC) investigation into cloud storage app developer Everalbum resulted in a consent decree that required Everalbum to delete not only unlawfully collected data, but also algorithms created using that data. The FTC had imposed this kind of penalty only once before. Questions remain about how the FTC will apply this so-called intellectual property (IP) deletion requirement in the future. This Comment argues that situations where companies develop intellectual property from misappropriated consumer data are analogous to cases where courts seek to apply the property law rule of the wrongful improver, i.e., where one party knowingly …
Judicial Review Of The Fact Findings Of The Federal Trade Commission, William G. Daniels
Judicial Review Of The Fact Findings Of The Federal Trade Commission, William G. Daniels
Washington Law Review
Section 5 of the Trade Commission Act (15 U. S. C. § 45) and Section 11 of the Clayton Act (15 U. S. C. § 21) provide that "The findings of the Commission as to facts, if supported by testimony, shall be conclusive." This follows the form of the usual statutory provision, and its settled interpretation is that the findings of the administrative board, if supported by substantial evidence, are conclusive as to issues of fact. The purpose of the creation of the Trade Commission was largely to establish an administrative tribunal consisting of a body of persons especially qualified …