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Intellectual Property Law Commons

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Articles 691 - 720 of 1904

Full-Text Articles in Intellectual Property Law

A United States Perspective On Digital Single Market Directive Art. 17, Jane C. Ginsburg Jan 2020

A United States Perspective On Digital Single Market Directive Art. 17, Jane C. Ginsburg

Faculty Scholarship

To a US appraiser, article 17 of the Digital Single Market Directive suggests the EU has learned from American mistakes (and from its own) in the allocation of internet intermediaries’ liability for hosting and communicating user-posted content. Before the DSM Directive, art. 14 of the 2000 eCommerce Directive set out a notice-and-takedown system very similar to the regime provided in 17 U.S.C. section 512(c). Both regimes replaced the normal copyright default, which requires authorization to exploit works, with a limitation on the liability of service providers who complied with statutory prerequisites. Because the limitation ensured that service providers would not …


The Price Of Closing The Value Gap: How The Music Industry Hacked Eu Copyright Reform, Annemarie Bridy Jan 2020

The Price Of Closing The Value Gap: How The Music Industry Hacked Eu Copyright Reform, Annemarie Bridy

Vanderbilt Journal of Entertainment & Technology Law

Sweeping changes are coming to copyright law in the European Union. Following four years of negotiations, the European Parliament in April 2019 approved the final text of the Digital Single Market (DSM) Directive. The new directive contains provisions for enhancing cross-border access to content available through digital subscription services, enabling new uses of copyrighted works for education and research, and, most controversially, "clarifying" the role of online services in the distribution of copyrighted works.

Article 17 of the DSM Directive is directed to the last of these goals. It was designed to address the so-called value gap-the music industry's longstanding …


In Memory Of Professor James E. Bond, Janet Ainsworth Jan 2020

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.


Table Of Contents, Seattle University Law Review Jan 2020

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


The Internet Never Forgets: A Federal Solution To The Dissemination Of Nonconsensual Pornography, Alexis Santiago Jan 2020

The Internet Never Forgets: A Federal Solution To The Dissemination Of Nonconsensual Pornography, Alexis Santiago

Seattle University Law Review

As technology evolves, new outlets for interpersonal conflict and crime evolve with it. The law is notorious for its inability to keep pace with this evolution. This Comment focuses on one area that the law urgently needs to regulate—the dissemination of “revenge porn,” otherwise known as nonconsensual pornography. Currently, no federal law exists in the U.S. that criminalizes the dissemination of nonconsensual pornography. Most U.S. states have criminalized the offense, but with vastly different degrees of severity, resulting in legal inconsistencies and jurisdictional conflicts. This Comment proposes a federal solution to the dissemination of nonconsensual pornography that carefully balances the …


Provisional Injunctive Relief Under The Utsa And The Dtsa In Federal Court New Product Cases, Richard F. Dole Jr. Jan 2020

Provisional Injunctive Relief Under The Utsa And The Dtsa In Federal Court New Product Cases, Richard F. Dole Jr.

SMU Science and Technology Law Review

No abstract provided.


Ethical Hacking By Alana Maurushat, Laura Ellyson Dec 2019

Ethical Hacking By Alana Maurushat, Laura Ellyson

Canadian Journal of Law and Technology

Book Review of Ethical Hacking by Alana Maurushat (Ottawa: University of Ottawa Press, 2019).


Reaching Through The “Ghost Doxer:” An Argument For Imposing Secondary Liability On Online Intermediaries, Natalia Homchick Nov 2019

Reaching Through The “Ghost Doxer:” An Argument For Imposing Secondary Liability On Online Intermediaries, Natalia Homchick

Washington and Lee Law Review

Imagine you have decided to run for office, to speak out publicly against an injustice, to enter the job market, or even to join a new online forum. Now, imagine after starting your chosen endeavor, you go online to discover that someone who disagrees with your position posted your personal information on the internet and called for others to harass you. To make matters worse, you realize that you cannot determine who posted your personal data. You have been doxed. Because you cannot identify the person who posted your information, where can you turn for recourse? The next logical party …


Data Scams, Roger Allan Ford Nov 2019

Data Scams, Roger Allan Ford

Law Faculty Scholarship

Targeting platforms like Google and Facebook are usually seen as presenting tradeoffs between utility and privacy. This Article identifies and describes a different, non-privacy cost of targeting platforms: they make it easier for malicious actors to scam others. They do this by making it easier for scammers to reach the most promising victims, hide from law-enforcement authorities and others, and develop better scams. Technology offers potential solutions, since the same data and targeting tools that enable scams could help detect and prevent them, though neither platforms nor law-enforcement officials have both the incentives and expertise needed to develop and deploy …


Making Room For Big Data: Web Scraping And An Affirmative Right To Access Publicly Available Information Online, Amber Zamora Oct 2019

Making Room For Big Data: Web Scraping And An Affirmative Right To Access Publicly Available Information Online, Amber Zamora

The Journal of Business, Entrepreneurship & the Law

This paper will explore the legality of web scraping through the lens of recent litigation between web scraper hiQ Labs and the online professional networking platform, LinkedIn. First, the paper will study the background of web scraping litigation, some challenges courts face in issuing consistent verdicts, and the most common claims companies make against web scrapers. Then the paper will address three of the most common claims and identify court motivations and limitations within the doctrines. The first claims are those arising from the federal Computer Fraud and Abuse Act (CFAA). Next, the paper will investigate copyright claims and defenses …


Net Neutrality: What To Expect From California's Net Neutrality Bill, Jesse King Oct 2019

Net Neutrality: What To Expect From California's Net Neutrality Bill, Jesse King

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Who Cares About The Modern Creator?, Jacqueline Malzone Oct 2019

Who Cares About The Modern Creator?, Jacqueline Malzone

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Net Neutrality And The European Union’S Copyright Directive For The Digital Single Market, Nathan Guzé Oct 2019

Net Neutrality And The European Union’S Copyright Directive For The Digital Single Market, Nathan Guzé

Loyola of Los Angeles International and Comparative Law Review

The European Union’s Copyright Directive for the Digital Single Market should cause concern for net neutrality advocates. This article casts a critical gaze at Article 17 (previously Article 13) of this new Directive. It chronicles the Directive’s life: starting as a reaction to the perceived inadequate copyright protections provided by the previous Information Society Copyright Directive through to its then-present status circa May 2019. Next, net neutrality is defined, and its benefits and detriments are weighed to ultimately determine the policy is desirable. Article 17’s call for eliminating safe-harbor provisions for content hosts and its call for content filters signal …


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Commodity Futures Trading Com'n V. Mcdonnell 287 F.Supp.3d 213 (E.D.N.Y. 2018), Zach Johnston Sep 2019

Commodity Futures Trading Com'n V. Mcdonnell 287 F.Supp.3d 213 (E.D.N.Y. 2018), Zach Johnston

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Rockwell V. Trustees Of The Berkshire Museum No. 1776cv00253, 2017 Wl 6940932 (Mass. Sup. Ct. Nov. 7, 2017), Kahlia Halpern Sep 2019

Rockwell V. Trustees Of The Berkshire Museum No. 1776cv00253, 2017 Wl 6940932 (Mass. Sup. Ct. Nov. 7, 2017), Kahlia Halpern

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


A Tough Pill To Swallow: Increasing Complexity For Drug Developers In The Federal Circuit, Jacob Michalakes Sep 2019

A Tough Pill To Swallow: Increasing Complexity For Drug Developers In The Federal Circuit, Jacob Michalakes

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


The Federal Circuit: Thwarting Software Innovation, Bernardo Rocha Sep 2019

The Federal Circuit: Thwarting Software Innovation, Bernardo Rocha

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Reinterpreting The Authenticity Of Reconstructed World Heritage Properties For The Twenty-First Century, Joy Naifeh Sep 2019

Reinterpreting The Authenticity Of Reconstructed World Heritage Properties For The Twenty-First Century, Joy Naifeh

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Table Of Contents Sep 2019

Table Of Contents

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Striking The Balance: How States Can Protect Both Str Advocates And Opponents, James Stumpf Sep 2019

Striking The Balance: How States Can Protect Both Str Advocates And Opponents, James Stumpf

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Maloney V. T3media, Inc. 853 F. 3d 1004, (9th Cir. 2017), Ralph Loyola Sep 2019

Maloney V. T3media, Inc. 853 F. 3d 1004, (9th Cir. 2017), Ralph Loyola

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Cassirer V. Thyssen-Bornemisza Collection Foundation 862 F. 3d 951, (9th Cir. 2017), Alyssa Pullara Sep 2019

Cassirer V. Thyssen-Bornemisza Collection Foundation 862 F. 3d 951, (9th Cir. 2017), Alyssa Pullara

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Leapers, Inc. V. Smts, Llc, Melissa Cole Sep 2019

Leapers, Inc. V. Smts, Llc, Melissa Cole

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Sophia: Exploring The Ways Ai May Change Intellectual Property Protections, Elizabeth Rocha Sep 2019

Sophia: Exploring The Ways Ai May Change Intellectual Property Protections, Elizabeth Rocha

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Systematic Cultural Appropriation And The Israeli-Palestinian Conflict, Luma Zayad Sep 2019

Systematic Cultural Appropriation And The Israeli-Palestinian Conflict, Luma Zayad

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Table Of Contents Sep 2019

Table Of Contents

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Elliot V. Google, Inc., 860 F.3d 1151 (9th Cir. 2017), Kayla Jewell Sep 2019

Elliot V. Google, Inc., 860 F.3d 1151 (9th Cir. 2017), Kayla Jewell

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Joseph Matal V. Tam 137 S. Ct. 1744 (2017), Elly Goettelman Sep 2019

Joseph Matal V. Tam 137 S. Ct. 1744 (2017), Elly Goettelman

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Y U No Let Me Share Memes?! - How Meme Culture Needs A Definitive Test For Noncommercial Speech, Elizabeth Rocha Sep 2019

Y U No Let Me Share Memes?! - How Meme Culture Needs A Definitive Test For Noncommercial Speech, Elizabeth Rocha

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.