Intellectual Property Law Commons^™

The Integrated Approach: A Solution To Patent Subject Matter Eligibility Standards In The Software Context, Carrie Moss

Georgia Journal of Law & Technology

No abstract provided.

Gray Works: How The Failure Of Copyright Law To Keep Pace With Technological Advancement In The Digital Age Has Created A Class Of Works Whose Protection Is Uncertain… And What Can Be Done About It, Kenneth R.L. Parker

Georgia Journal of Law & Technology

No abstract provided.

Fighting Piracy With Censorship: The Operation In Our Sites Domain Seizures V. Free Speech, Michael Joseph Harrell

Georgia Journal of Law & Technology

No abstract provided.

The Protection Of Property Rights In Computer Software, Edward W. Rilee

Akron Law Review

During the last decade a number of attempts have been made by the courts in the realm of patent and copyright law to settle the issue of the protection of property rights in computer software. These traditional methods of protection, however, have not been able to assimilate this relatively new technological invention. Likewise, at the start of a new decade, little or no progress towards a comprehensive form of software protection can be detected. This paper will examine the problems associated with using federal patent or copyright law to provide computer software protection and discuss why state trade secret protection …

Freedom In My Heart, Karen Sandler

Events

No abstract provided.

International Law Enforcement Access To User Data: A Survival Guide And Call For Action, Kate Westmoreland, Gail Kent

Canadian Journal of Law and Technology

Effectively accessing and using online evidence is a critical part of modern investigations and prosecutions, but also has significant implications for users’ privacy. The current system of international sharing of online data in criminal matters is a patchwork of domestic and international law that is slow, uncertain, and not well understood. This article provides an overview of the current system for foreign governments seeking user data from US-based Internet companies. After describing the way in which the system currently operates, it identifies problems with the system, and outlines the reform efforts that are beginning to emerge.

Possession Of "Extreme" Pornography: Where's The Harm?, Jonathan Clough

Canadian Journal of Law and Technology

For decades, the traditional Western liberal approach to obscene material has been that while the availability of such material may be restricted, individuals are free to possess it so long as they do not distribute to others. Prior to the advent of the Internet, traditional means of control were effective in limiting the availability of such material. However, free of traditional restrictions the Internet allows easy access to a vast array of pornographic material, some of which challenges the most liberal of societies including images of child abuse, sexual violence, bestiality, and necrophilia.

In 2008, the UK became one of …

Freedom Of Expression, Discrimination, And The Internet: Legislative Responses And Judicial Reactions, Talia Joundi

Canadian Journal of Law and Technology

In Part I of this article, I argue that cyber racism is inextricably linked with systemic discrimination. The definition of systemic discrimination relied on was first provided by Judge Abella in the Report of the Royal Commission on Equality in Employment (Abella Report), which states that systemic discrimination points to practices or attitudes that can result in inequality of opportunity for individuals or groups. The Supreme Court of Canada has since adopted this definition, and in some instances, has acknowledged that systemic problems require systemic remedies. The purpose of this discussion is to demonstrate how situating cyber racism within the …

"Three Parent Babies": Techniques Explained, Objections Examined, Rebecca Carr

Canadian Journal of Law and Technology

The UK Parliament has approved regulations, which come into force in October 2015, that permit the use of new treatment techniques to prevent the transmission of serious mitochondrial diseases from women to their children. The introduction of these techniques—which are not currently carried out in any country in the world—will fly in the face of the opposition that has been raised since discussions to permit clinical applications of the techniques first arose. After outlining some background to the techniques, this article briefly examines three of the objections that have been made against them: that the safety and effectiveness of the …

Leaving Dumb Phones Behind: A Commentary On The Warrantless Searches Of Smartphone Data Granted In R. V. Fearon, Jordan Fine

Canadian Journal of Law and Technology

Given the incredible rate of smartphone technological evolution, is it about time the Supreme Court of Canada devised a special test to give law enforcement agents significantly more power to search through phone data without a warrant upon arrest of a suspect? In R. v. Fearon, the majority did just that. But this article argues the opposite is true: the increasing potential for immense privacy infringements when police search powerful and constantly evolving technological devices demands a greater limitation to police powers.

In recent cases, the Supreme Court has agreed with the position that limitations are needed concerning computers. Additionally, …

Copyright And Social Media: A Tale Of Legislative Abdication, Diane Leenheer Zimmerman

Pace Law Review

The focus of this article will be on what I call DMCA 2.0. It will begin by discussing the Digital Millennium Copyright Act (DMCA) and why that statute, passed in 1998 to shore up the enforceability of copyright online by protecting content providers’ ability to engage in forms of technological self-help against online copyright infringers, has been problematic. Part II describes largely unsuccessful efforts in the form of statutes and trade agreements to shore up the DMCA. Part III turns to the latest salvo, the adoption of “voluntary agreements” whereby content owners and ISPs, in particular social media platforms, join …

Anarchy, Status Updates, And Utopia, James Grimmelmann

Pace Law Review

Social software has a power problem. Actually, it has two. The first is technical. Unlike the rule of law, the rule of software is simple and brutal: whoever controls the software makes the rules. And if power corrupts, then automatic power corrupts automatically. Facebook can drop you down the memory hole; PayPal can garnish your pay. These sovereigns of software have absolute and dictatorial control over their domains.

Is it possible to create online spaces without technical power? It is not, because of social software’s second power problem. Behind technical power, there is also social power. Whenever people come together …

Toward A "Digital Transfer Doctrine"? The First Sale Doctrine In The Digital Era, Sarah Reis

Northwestern University Law Review

The first sale doctrine in copyright law allows a person who owns a copy of a copyrighted work to sell, lend, or give away the copy to someone else. An owner of a copy of a copyrighted work can take advantage of the first sale doctrine, but a licensee cannot. In today’s digital environment, people are increasingly purchasing digital music files and e-books instead of CDs and physical books. Customers often mistakenly believe they become owners of the digital content they purchase when in actuality they merely become licensees most of the time. Licensing agreements impose use restrictions on digital …

Comment With The Copyright Office Regarding A Proposed Exemption Under 17 U.S.C. Section 1201 For Software Security Research (Class 25), Candice Hoke

Law Faculty Reports and Comments

Professor Candice Hoke, Cleveland State University, and others (Douglas W. Jones, University of Iowa; Professor Deirdre Mulligan, University of California, Berkeley; Professor Vern Paxson, University of California, Berkeley;Professor Pamela Samuelson, University of California, Berkeley; Bruce Schneier Erik Stallman, Center for Democracy & Technology (CDT); comment addressing Proposed Class 25: Software Security Research and an exemption for software security research in order to promote the active research and testing efforts necessary to keep pace with evolving cybersecurity risks. Software and related access controls are increasingly embedded in a wide range of systems, from consumer goods to medical devices to infrastructure to …

The Great Decentralization: How Web 3.0 Will Weaken Copyrights, 15 J. Marshall Rev. Intell. Prop. L. 136 (2015), Nick Vogel

UIC Review of Intellectual Property Law

Bitcoin’s popularity increased as its value increased and people became excited about the prospect of a trustless, decentralized currency that could be used on the Internet. Within the last two years, however, people and organizations began exploiting the potential of the block chain that powers the bitcoin network. These people realized that the block chain—a transparent public ledger that cannot be altered—can be used for more than digital currency. One such organization calls itself Ethereum and its developers plan to use block chains to allow decentralized autonomous applications to operate free of government censorship or corruption. While such a network …

Inventing A New Way Of Dealing With Circumvention: A Patent-Based Alternative To The Dmca, 15 J. Marshall Rev. Intell. Prop. L. 91 (2015), Priya Desai

UIC Review of Intellectual Property Law

Over time, it has become easier for consumers to steal music. Some technologies, like ReDigi, have been specifically designed to allow copyright infringement by giving consumers the ability to sell digitally purchased music files. While copyright laws have been updated to deal with changing technologies, the laws have not been sufficient to keep up. This comment highlights the failings of modern copyright law and questions whether patent laws are a viable way to ensure that technologies that induce copyright infringement do not find marketplace success.

Professional Video Gaming: Piracy That Pays, 49 J. Marshall L. Rev. 217 (2015), Elizabeth Brusa

UIC Law Review

This Comment will focus on the legal implications of end user gamers who profit from the infringing use of copyrighted video gameplay content.

The Federal Circuit And Ultramercial:Software And Business Method Patents Tumble Further Down The Rabbit Hole, Mark Patrick

American University Law Review

No abstract provided.

Did Copyright Kill The Radio Star? Why The Recorded Music Industry And Copyright Act Should Welcome Webcasters Into The Fold, 14 J. Marshall Rev. Intell. Prop. L. 292 (2015), Patrick Koncel

UIC Review of Intellectual Property Law

The Copyright Act has not kept pace with the times, and the next revolution is going full stream ahead. Rather than adapt, entrenched interests at the Copyright table push for more protection, while new technologies are demonized and underrepresented. The resulting Copyright Act’s provisions relating to internet-based radio, ranging from passive over-the-air broadcasts to fully interactive music hosting sites, are a patchwork of accommodations and concessions to these interests. For all non-interactive services, licensing music typically occurs within the Copyright Act’s compulsory licensing system. For interactive webcasters, licensing negotiations take place with the copyright holders directly. These negotiations have proven …

The Conflict Between An Athlete’S Right Of Publicity And The First Amendment, 15 J. Marshall Rev. Intell. Prop. L. 117 (2015), Edward Kuester

UIC Review of Intellectual Property Law

The recent rise of fantasy sports has created a conflict between an athlete’s right of publicity and the First Amendment of the Constitution. The legal question being discussed is whether athletes have a right of publicity in their identity, specifically their performance statistics and biographical information. If a right of publicity violation does exist, courts will have to determine whether a fantasy provider’s First Amendment privilege can prevail against an athlete’s publicity rights. This comment examines recent litigation surrounding athletes’ identities and the problems courts have in balancing the conflict between an athlete’s right of publicity and the First Amendment. …

On Designation Of North Korea As A State Sponsor Of Cyberterrorism, Justin L. Koplow

SMU Science and Technology Law Review

No abstract provided.

An Introduction To The Intellectual Property Law Implications Of 3d Printing, Michael Rimock

Canadian Journal of Law and Technology

Put simply, 3D printing allows people to print physical objects that are scanned, downloaded, or created digitally. There are an astonishing number of uses, benefits, and advantages associated with 3D printing. However, as with any new technology with so much potential, 3D printing presents a number of threats and challenges to many who benefit from the way manufacturing currently operates. While 3D printers will likely have a tremendous economic and socio- cultural impact, the following will provide an overview of some of its implications relating to intellectual property law. I will begin by briefly discussing the history of 3D printing …

An Uneasy Balance: Personal Information And Crowdfunding Under The Jobs Act, Brice Kindred

Richmond Journal of Law & Technology

“Crowdfunding” is the raising of small amounts of money from many different sources for a particular purpose. Today, this usually takes place online.2 Crowdfunding has become a popular means of raising funds for a wide variety of projects, causes, and business ventures. Websites like Kickstarter, Indiegogo, and Crowdfunder allow people to create a profile for their project and solicit contributions from the general public in support.

Cover Letter, Catherine Meade Gray

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its third issue of the Twenty-First Volume, our Annual Survey. This issue is published in conjunction with JOLT’s Symposium, “Who’s Looking At Your Mobile Device? Data Security, Personal Privacy, and Information Governance in the Wireless World.” As one of the leading publications in the legal technology field, JOLT has the privilege of publishing articles that address topics at the forefront of the law. From the Journal’s inception in 1995, JOLT has strived to be a step ahead of these laws in an effort to help shape the …

Cover Letter, Laura M. Bedson

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its second issue of the Twenty-First Volume. As one of the leading publications in the legal technology field, JOLT has the privilege of publishing articles that address topics at the forefront of the law. From the Journal’s inception in 1995, JOLT has strived to be a step ahead of these laws in an effort to help shape the emerging legal landscape. Additionally, JOLT recognizes the practical benefit that many of its articles have on legal professionals and we publish articles with this goal in mind. The following articles …

Signing Your Next Deal With Your Twitter @Username: The Legal Uses Of Identity-Based Cryptography, Jillian Friedman

Canadian Journal of Law and Technology

This article will look at the legal framework for electronic signatures under Canadian law and through the UNCITRAL Model Law on Electronic Signatures and evaluate the potential use of identity-based cryptography as a type of electronic signature. While most jurisdictions permit electronic signatures to replace their handwritten predecessors, the criteria of validity for an electronic signature range from liberal to restrictive. Public key infrastructure (PKI) cryptography schemes are considered to meet the juridical conditions of a legal signature under more rigorous legislation that requires an electronic signature to possess certain security attributes. In common law jurisdictions, digital signature schemes such …

The Multiplicity Of Copyright Laws On The Internet, Marketa Trimble

Scholarly Works

From the early days of the Internet, commentators have warned that it would be impossible for those who act on the Internet (“Internet actors”) to comply with the copyright laws of all Internet-connected countries if the national copyright laws of all those countries were to apply simultaneously to Internet activity. A multiplicity of applicable copyright laws seems plausible at least when the Internet activity is ubiquitous — i.e., unrestricted by geoblocking or by other means — given the territoriality principle that governs international copyright law and the choice-of-law rules that countries typically use for copyright infringements.

This Article posits that …

Cover Letter, Laura M. Bedson

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its fourth and final issue of the Twenty-First Volume. At its inception in 1995 JOLT became the first law review to be published exclusively online. From this moment on, the Journal has continued to set trends in the legal scholarship world. As one of the leading publications in the legal technology field, JOLT has the privilege of publishing articles that address topics at the forefront of the law. The articles in this fourth issue are no exception. Each of the following articles present exciting discussions on cutting-edge areas of …

"Records Management Law" - A Necessary Major Field Of The Practice Of Law, Ken Chasse

Canadian Journal of Law and Technology

‘‘Records management law” will be a necessary area of specialization because: (1) electronic records are now produced by most commercial, communication, transmission of data, and social, formal, and semi-formal interactions; (2) therefore they are the foundation of many kinds of legislation; (3) records are the most frequently used kind of evidence in legal proceedings; and, (4) electronic records are as important to daily living as are motor vehicles, and will become more important. But the legal infrastructure of statutes, guidelines, and case law that controls the use of electronic records as evidence is very inadequate because it ignores these facts: …

Technological Neutrality Explained & Applied To Cbc V. Sodrac, Cameron J. Hutchison

Canadian Journal of Law and Technology

This article explores technological neutrality in the factual context of CBC v. SODRAC, heard before the Supreme Court of Canada in March of 2015 with decision pending at the time of publication. After outlining the history of the case in the first part, this article concludes with an application of the principle of technological neutrality, as non-interference, to the case. The only result coherent with the Supreme Court’s prior case law is to not treat non-usable or dormant incidental copies as reproductions under the Act. The status of permanent copies that serve a useful and identifiable purpose, e.g. archived copies, …