Intellectual Property Law Commons^™

Civil Liberty Or National Security: The Battle Over Iphone Encryption, Karen Lowell

Georgia State University Law Review

On June 5, 2013, Edward Snowden released what would be the first of many documents exposing the vast breadth of electronic surveillance the Federal Bureau of Investigation (FBI) and the National Security Agency (NSA) had been conducting on millions of United States citizens. Although the federal agencies had legal authority under the Foreign Intelligence Surveillance Act (FISA) to collect metadata from companies such as Verizon, many Americans considered this data collection to be a massive invasion of privacy.

Equipped with the knowledge of sweeping domestic surveillance programs, citizens and technology firms fighting for strong privacy and security protection, have started …

What's In A Name: Cable Systems, Filmon, And Judicial Consideration Of The Applicability Of The Copyright Act's Compulsory License To Online Broadcasters Of Cable Content, Kathryn M. Boyd

Duke Law & Technology Review

The way we consume media today is vastly different from the way media was consumed in 1976, when the Copyright Act created the compulsory license for cable systems. The compulsory license allowed cable systems, as defined by the Copyright Act, to pay a set fee for the right to air television programming rather than working out individual deals with each group that owned the copyright in the programming, and helped make television more widely accessible to the viewing public. FilmOn, a company that uses a mini-antenna system to capture and retransmit broadcast network signals, is now seeking access to the …

Manhattan_Project.Exe: A Nuclear Option For The Digital Age, David Laton

Catholic University Journal of Law and Technology

This article explores the possible implications and consequences arising from the use of an artificial intelligence construct as a weapon of mass destruction. The digital age has ushered in many technological advances, as well as certain dangers. Chief among these pitfalls is the lack of reliable security found in critical information technology systems. These security gaps can give cybercriminals unauthorized access to highly sensitive computer networks that control the very infrastructure of the United States. Cyberattacks are rising in both frequency and severity and the response by the U.S. has been ineffective. A cyber-weapon of mass destruction (CWMD) implementing an …

Is Wifi Worth It: The Hidden Dangers Of Public Wifi, Ellie Shahin

Catholic University Journal of Law and Technology

No abstract provided.

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.

Targeted Advertising And The First Amendment: Student Privacy Vs. Protected Speech, Marco Crocetti

Catholic University Journal of Law and Technology

No abstract provided.

Masthead

Catholic University Journal of Law and Technology

No abstract provided.

How Many Likes Did It Get? Using Social Media Metrics To Establish Trademark Rights, Caroline Mrohs

Catholic University Journal of Law and Technology

This comment asserts that there is a need for an update to the multifactor test considered by courts in determining the strength of a trademark. Traditional factors include the expenses an entity can afford to pay in advertising, but do not give any weight to the presence of the entity on social media to reach its target consumer group.

Droit De Suite, Copyright’S First Sale Doctrine And Preemption Of State Law, David E. Shipley

UC Law SF Communications and Entertainment Journal

The primary focus of this article is whether California’s forty-year old droit de suite statute; the California Resale Royalty Act (CRRA), is subject to federal preemption under the Copyright Act. This issue is now being litigated in the Ninth Circuit, and this article concludes that the CRRA is preempted under section 301(a) of the Copyright Act and under the Supremacy Clause because it at odds with copyright’s well-established first sale doctrine.

The basic idea of droit de suite is that each time an artist’s work is resold by a dealer or auction house, the artist is entitled to a royalty, …

#Ncaa Vs. Student Athletes: An Empirical Analysis Of Ncaa Social Media Policies, Elizabeth M. Heintzelman

UC Law SF Communications and Entertainment Journal

This article argues that the NCAA and its universities should not have any form of social media policy as it creates First and Fourth Amendment violations, as well as a liability for both the NCAA and its member schools. A social media policy should not limit constitutional rights, but rather any policy should educate the youth about important issues such as cyber-bullying, versus limiting constitutional rights. This article will focus on several issues: 1) whether the relationship between the NCAA and its student athletes constitutes an employer-employee relationship; 2) an evaluation of the social media policies concerning private employers and …

Can I Play Too? Transgender Student Athletes’ Inclusion In “Because Of Sex”, Paul Jones

UC Law SF Communications and Entertainment Journal

This article seeks to explore what remedies may be available to transgender student athletes in today's changing legal field. The law is scant as to whether transgender student athletes must be allowed to play on the sex-segregated teams which correspond with their gender identity. New legislation may not be needed. Title VII and Title IX may offer protections for transgender student athletes. The legislative and judicial tools already exist.

Several federal courts have included gender identity under Title VII, yet Title VII currently only protects people who are considered to be employees. There is now a movement across college campuses …

Virtual Reality Surveillance, Gilad Yadin

Cardozo Arts & Entertainment Law Journal

This Article challenges government cybersurveillance norms and practices by introducing virtual reality, a unique digital environment that may be justifiably subject to constitutional physical privacy protection. In liberal democracies, government surveillance is driven by public security and enforcement interests, and is checked by individual privacy rights. In recent years, however, this balance has been gradually shifting. Government surveillance of cyberspace has become extensive and constant, effectively unhindered by legal restrictions and judicial oversight; surveillance ofphysical spaces, subject to the Fourth Amendment, is neither as prevalent nor as unrestrained.

We are in the midst of a virtual reality renaissance; new virtual …

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.

Masthead

Catholic University Journal of Law and Technology

No abstract provided.

Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge, Jamil N. Jaffer, Daniel J. Rosenthal

Catholic University Journal of Law and Technology

No abstract provided.

Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin

Catholic University Journal of Law and Technology

No abstract provided.

The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton

Catholic University Journal of Law and Technology

No abstract provided.

Baring All: Legal Ethics And Confidentiality Of Electronically Stored Information In The Cloud, Whitney Morgan

Catholic University Journal of Law and Technology

No abstract provided.

Litigating From The Prison Of The Mind: A Cognitive Right To Post-Conviction Counsel, Ken Strutin

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Volition And Copyright Infringement, Robert C. Denicola

Cardozo Law Review

No abstract provided.

The Non-Discrimination Principle In Open Source Licensing, Eli Greenbaum

Cardozo Law Review

Open source communities have required licenses to satisfy requirements of non-discrimination. This principle of non-discrimination, however, has remained peripheral to the interpretation of open source licenses, with legal analysis concentrating on other aspects of open source regimes. This Article argues that non-discrimination, far from being marginal to open source, constitutes the central legal characteristic of the licensing model, and that an appreciation of the non-discrimination requirement is essential for understanding the economic incentives and effects of the open source license. This Article applies this understanding of the non-discrimination principle to interpret specific terms in free and open source licenses. In …

The Pre-1972 Sound Recordings Landscape: A Need For A Uniform Federal Copyright Scheme, P. Dylan Jensen

UC Law SF Communications and Entertainment Journal

Since the rapid expansion of the Internet in the 1990s and through the 2000s, Internet entrepreneurs and technology companies continue to discover new ways to offer music online for free. A large portion of the music offered by these services was created prior to 1972, the year the Sound Recordings Act of 1971 established as the cut-off for federal copyright protection. These pre-1972 sound recordings are covered by a patchwork of state and common law, which varies greatly from state to state. Though some music services have shielded themselves with the safe harbor provision offered to Online Service Providers ("OSPs") …

Will The Federal Communications Commission’S 2015 Open Internet Order Receive Chevron Deference?, John Meisel

UC Law SF Communications and Entertainment Journal

In 2015, the Federal Communications Commission ("FCC") decided to reclassify broadband Internet service as a telecommunications service subject to Title II regulations contained in the Communications Act. This decision is currently under review by a three­ person panel of judges for the D.C. Circuit. A key question in the review will be whether the FCC's reclassification decision is eligible for Chevron deference. The answer to this question will likely be based on lessons learned from similar cases dealing with Chevron deference that the Supreme Court has addressed. For instance, the fact that the reclassification decision is likely to be characterized …

There’S No R In Smoking: A Modified Rating System To Curb Adolescent Smoking, Amanda E. Beckwith

UC Law SF Communications and Entertainment Journal

Smoking is the most common preventable causes of death in the United States and costs society billions of dollars each year. Most smokers become addicted at a young age, but often have no legal remedy from smoke-related injuries. Smoking in movies is a significant factor in the initiation of youth smoking, yet the Motion Picture Association of America ("MPAA") does not factor "smoking" into movie ratings. This note argues that in order to reduce the harmful effects of youth smoking, movies with depictions of cigarettes should be rated R. In order to pressure the MPAA into making this change, potential …

Protecting Journalists From Politically Motivated Claims Of Espionage Under International Law, Allison Brinkerhoff

UC Law SF Communications and Entertainment Journal

Currently, there is not a uniform international standard for the protection of journalists against politically motivated claims of espionage, and this void allows governments to cloak politically motivated claims of espionage as a "national security threats." The purpose of this article is to propose amending the International Covenant on Civil and Political Rights ("ICCPR"), to remove the void, by making Article 19 a nonderogated right for journalists who are reporting and participating in political expression.

Web Accessibility For Impaired Users: Applying Physical Solutions To Digital Problems, Deeva V. Shah

UC Law SF Communications and Entertainment Journal

Title III of the Americans with Disabilities Act ("ADA") aims to prevent discrimination against the disabled in places of public accommodation. Unlike many other anti­ discrimination statutes, the ADA requires places of public accommodation to take affirmative steps to ensure access for the impaired. Courts currently differ on whether a place of public accommodation requires a physical location or whether nonphysical places, such as a retailer's website, also fall under the statute. Some courts apply the nexus test to determine the whether the ADA applies to online content. Under the nexus test, there must be a connection between a physical …

Can Dna Be Speech?, Jorge R. Roig

Scholarly Works

DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information, and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being. In this article we discuss myriad current and developing ways in which …

The Uncoordinated Public Domain, Robert Spoo

Cardozo Arts & Entertainment Law Journal

When nations amend their copyright laws in response to calls for international harmonization, they usually expand authors' rights without also seeking to harmonize national public domains. Divergent national copyright laws have resulted in an uncoordinated global public domain that renders authors' works freely available for use in some countries while subjecting them to copyright or moral-rights protection in others. While the fragmented global commons thwarts many valuable uses of cultural resources, it has especially deleterious effects on the ability of researchers to access, copy, and disseminate historical and literary materials, many of which remain unpublished. These effects are mirrored and …

Disciplining The Right Of Publicity's Nebulous First Amendment Defense With Teachings From Trademark Law, Wee Jin Yeo

Cardozo Arts & Entertainment Law Journal

Academic commentators, practitioners and students alike have written a flurry of articles on the First Amendment defense in right of publicity law, as courts cannot seem to agree on the appropriate balancing test that should be used to weigh celebrities 'publicity rights against the public's rights to use celebrity personas as communicative tools. Various tests have been proposed as the panacea, but are ultimately unsatisfactory, due to inadequacies that prevent them from striking a normatively desirable balance.

This Article suggests that the core normative justification behind the right of publicity is the prevention of unjust enrichment. Thus, following recent developments …

Unlock The Music: Replacing Compulsory Music Licenses With Free Market Negotiation, Karen (Kai-Wen) Hsieh

Cardozo Journal of Conflict Resolution

To understand the impact that compulsory licenses have on the music industry, Section II of this Note focuses on the three major licenses for music compositions-the mechanical license, the performing rights license, and the sync license. Section III discusses why compulsory licenses no longer benefit the music industry and why free market negotiation is the superior approach. This section will also address the potential problems arising from free market negotiation, such as the power imbalance in negotiations between major record labels and new artists. Finally, Section IV proposes online mediation to remedy the difficulties that may occur due to unrestricted …