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Full-Text Articles in Law
The Shaky Ground Of The Right To Be Delisted, Miquel Peguera
The Shaky Ground Of The Right To Be Delisted, Miquel Peguera
Vanderbilt Journal of Entertainment & Technology Law
It has long been discussed whether individuals should have a "right to be forgotten" online to suppress old information that could seriously interfere with their privacy and data protection rights. In the landmark case of Google Spain v. Agencia Espafiola de Proteccion de Datos, the Court of Justice of the European Union (CJEU) addressed the particular question of whether, under EU Data Protection Law, individuals have a right to have links delisted from the list of search results in searches made on the basis of their name. It found that they do have this right--which can be best described as …
The Lost Precedent Of The Reverse Doctrine Of Equivalents, Samuel F. Ernst
The Lost Precedent Of The Reverse Doctrine Of Equivalents, Samuel F. Ernst
Vanderbilt Journal of Entertainment & Technology Law
Proponents of legislative patent reform argue that the current patent system perversely impedes true innovation in the name of protecting a vast web of patented inventions, the majority of which are never even commercialized for the benefit of the public. Opponents of such legislation argue that comprehensive, prospective patent reform legislation would harm the incentive to innovate more than it would curb the vexatious practices of non-practicing entities. But while the" Innovation Act" wallows in Congress, there is a common law tool to protect innovation from the patent thicket lying right under our noses: the reverse doctrine of equivalents. Properly …
Lenz V. Universal: A Call To Reform Section 512(F) Of The Dmca And To Strengthen Fair Use, Marc J. Randazza
Lenz V. Universal: A Call To Reform Section 512(F) Of The Dmca And To Strengthen Fair Use, Marc J. Randazza
Vanderbilt Journal of Entertainment & Technology Law
Under 17 U.S.C. § 512(f) of the Digital Millennium Copyright Act (DMCA), those who issue materially false takedown notices are liable for damages. However, Section 512(f) has not effectively protected fair use. Currently, the DMCA issuer only has to prove he considered fair use before issuing a takedown notice, but faces no liability for actually taking action against fair use. The outcome of the recent Ninth Circuit Court of Appeals case Lenz v. Universal shows the flaws in the language of the DMCA. This Article calls for a mild adjustment to Section 512(f) for the purpose of protecting fair use …