Intellectual Property Law Commons^™

Wrong Search At The Wrong Time: Keyword Search Warrants And The Fourth Amendment, Nicole Chan

Cardozo Law Review

On August 5, 2020, five members of a family were killed when their house was set ablaze. Kevin Bui admitted to investigators that he and two other teens burned the house down after his iPhone had been stolen. He used the Find My application and located his phone at the Green Valley Ranch home. It was not until the next day while reading the news about the arson that he realized he had targeted the wrong residence.

On The Scales Of Private Law: Nano Contracts, Yonathan A. Arbel

Articles

Contracts are falling in scale. New contracting trends and technologies facilitate the formation of smaller scale contracts that have ephemeral duration, token stakes, and narrow scope. These nano contracts embody ephemeral interactions of minuscule value - interactions that were previously far outside the law and away from explicit markets, governed only by social norms. The rise of nano contracts can unlock new transaction types, create opportunities to build wealth, and reduce dependence on private ownership. Yet nano contracts also carry important risks, and their small scale makes them difficult to effectively regulate. At the limit, nano contracts collapse private law …

Unavoidability In U.S. Privacy Law, Laura M. Moy

Georgetown Law Faculty Publications and Other Works

Why is U.S. privacy law structured the way it is, with a series of sectoral laws rather than a cross-sectoral law or laws? Why does U.S. privacy law protect information shared in certain contexts—such as information shared with an attorney, a healthcare provider, or a financial provider—rather than particular types of information? One possibility is that sectoral laws apply to contexts in which people typically share highly “sensitive” information containing intimate secrets or with the potential to harm them financially or psychologically.

But this Article argues that there is something else at play—that in fact, an under-discussed and underappreciated factor …

Between Scylla And Charybdis: Addressing Software Patent Eligibility In Early-Stage Litigation, Pooja Krishnan

Fordham Law Review

The U.S. Supreme Court’s decision in Alice Corp. v. CLS Bank International established a two-step inquiry for determining the eligibility of a patent claim for protection. The test has faced criticism for its inconsistency, particularly when evaluating software-related patents. These inconsistencies are exacerbated when the test is applied during the early stages of litigation to address motions made under Federal Rules of Civil Procedure 12(b)(6) and 12(c), as the test often requires an in-depth technical analysis of the claims.

First, this Note examines the current approach to software patent eligibility and the various points of inconsistencies and tension. This Note …

Nerds V. Nintendo: Video Game Decompilations Versus Rights-Holder Interests, Kirk A. Sigmon

Cardozo Law Review

Video game “decompilations”—a potentially technically inaccurate term referring to fan efforts to entirely reprogram video games based on reverse engineering those games—present an interesting case study for evaluating the scope of video game copyrightability, fair use, and public expectations about content availability. Decompilations usually comprise entirely new code and do not comprise any assets of the original video game, suggesting that the decompilations, if viewed as mere code, do not apparently infringe any video game copyrights. That said, decompilations illustrate why copyright protects more than the discrete assets (e.g., art or music) of a video game, as decompilations are generally …

Holistic Claim Construction, Lidiya Mishchenko

Cardozo Law Review

Jurisprudence in the area of defining patent scope is opaque and inconsistent. District courts and litigants cannot be certain of the bounds of the exclusive territory covered by a patent—defined by the patent’s claims—until the Court of Appeals for the Federal Circuit—the single patent appellate court in the nation—says what it is in an appeal after final judgement. The appellate court appears to simply redo the analysis of the district courts, yet often inexplicably reaches a different conclusion based on the patent’s text. Though much has been written about the Federal Circuit’s unpredictable, textualist approach to claim construction, no scholarship …

Walking The Talk: An Exploration Of Pathways In Implementation Of The 2013 Marrakesh Treaty - A Case Study Of Uganda, Anthony C.K. Kakooza

Joint PIJIP/TLS Research Paper Series

The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, is a WIPO administered treaty on copyright that was adopted in Marrakesh, Morocco, on 27^thJune 2013. The year 2023 therefore marks 10 years since its adoption. It is therefore an ideal time to do some stock taking as to how effective the treaty has been, thus far, in creating avenues through which blind or visually impaired persons can have easier access to published works.

This article looks at the implementation of the Marrakesh Treaty specifically in Uganda where …

Place Your Bets: The Legal Integration Of Sports Betting With Cryptocurrency, Andrew Topps

UNH Sports Law Review

No abstract provided.

Out Of Bounds? The Legal Implications Of The Emerging Rivalry Between Liv Golf And The Pga Tour, Michael Dube, Libba Galloway, Chantel Mccabe, Michael Mccann, Alan Milstein

UNH Sports Law Review

No abstract provided.

A Breakdown Of Where Nil Currently Stands, Justin Cavegn

UNH Sports Law Review

No abstract provided.

Play Like A Girl, Get Paid Like A… Man?, Amanda M. Malool

UNH Sports Law Review

No abstract provided.

Change Is Growth: The Future Of The Ncaa And College Athletics, Conner Poulin

UNH Sports Law Review

No abstract provided.

Cardozo Aelj Interview Series: Professor Saurabh Vishnubhakat, Saurabh Vishnubhakat

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In this interview, Cardozo Professor Saurabh Vishnubhakat discusses what he hopes to bring to Cardozo as the new Director of Intellectual Property and Information Law Program, his professional background, and what drew him to the field of intellectual property.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 22, 2023. The original post can be accessed via the Archived Link button above.

One Test To Rule Them All: Retiring The Dual Standard For Fictional Character Copyrightability In The Ninth Circuit, Kiersten Daly

St. John's Law Review

(Excerpt)

From Captain Jack Sparrow sailing on the Black Pearl in Pirates of Caribbean to Frodo Baggins trekking through Mordor in Lord of the Rings, well-developed characters are vital to the success of a story. Iconic characters like Captain Jack and Frodo Baggins have each developed a cult following as a result of their interesting storylines and character development. The instant recognition and nostalgia associated with such iconic characters has motivated companies to monetize their likenesses. Whether it is car companies recreating the Batmobile or the recent trend in creating story-based pop-up shops, there is a lot of value …

The High Cost Of Pharmaceutical Acquisitions: Increasing Social Welfare Or Furthering Inequality?, Timothy J. Haltermann

Notre Dame Journal on Emerging Technologies

This note will argue that government and regulatory authorities should focus on easing access to downstream innovation by broadening research exemptions to patent infringement. Part I of this note will focus on the current state of patent protection and exclusivity afforded to pharmaceutical companies. Part II will discuss incentives created that lead rational actors to engage in M&A instead of through internal R&D. Part III will address the development of innovation as a standalone theory of harm in merger review, and the fallacies associated with labeling certain transactions as “killer acquisitions.” Finally, Part IV of the note will look at …

Additional Comments On Preliminary Draft 9, Jane C. Ginsburg

Faculty Scholarship

I am adding to the comments submitted by Profs. Balganesh, Menell and myself a list of points in PD9 that I believe require correction or clarification. These comments do not include Chapters 8, 10 or 11.

Comments On Preliminary Draft 9, Shyamkrishna Balganesh, Jane C. Ginsburg, Peter S. Menell

Faculty Scholarship

We are writing to offer our views on Preliminary Draft No. 9 (“PD9”) and express our deep and persistent concern about the direction and methodology that the Project continues to take, which we have sought to address and remedy at multiple points over the last several years. The elements of PD9 that we describe below are, in our view, particularly striking illustrations of the problems that we have previously identified. The gravity and salience of PD9’s problems are borne out in the comments of Judge Pierre Leval, who describes elements of the draft as requiring “a substantial editing and rewriting.” …

Two Decades Of Trips In China, Peter K. Yu

Faculty Scholarship

This chapter reviews China’s engagement with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in the past twenty years. It begins by highlighting TRIPS-related developments in the first decade of China’s WTO membership. The chapter then discusses the country’s ‘innovative turn’ in the mid-2000s and the ramifications of its changing policy positions. This chapter continues to examine the US-China trade war, in particular the second TRIPS complaint that the United States filed against China in March 2018. It concludes with observations about the impact of the TRIPS Agreement on China, China’s impact on that agreement and how the …

Evaluating Copyright Protection In The Data-Driven Era: Centering On Motion Picture's Past And Future, Chieh-Li Pai

Maurer Theses and Dissertations

Since the 1910s, Hollywood has measured audience preferences with rough industry-created methods. In the 1940s, scientific audience research led by George Gallup started to conduct film audience surveys with traditional statistical and psychological methods. However, the quantity, quality, and speed were limited. Things dramatically changed in the internet age. The prevalence of digital data increases the instantaneousness, convenience, width, and depth of collecting audience and content data. Advanced data and AI technologies have also allowed machines to provide filmmakers with ideas or even make human-like expressions. This brings new copyright challenges in the data-driven era.

Massive amounts of text and …

United States Department Of Education Response To The Office Of Science And Technology Policy Memo, 2022: Public Access Plan (September 2023)

Copyright, Fair Use, Scholarly Communication, etc.

DoED response to OSTP memo, 2022: Public Access Plan (September 2023)

Architects, Artists, Photographers, Property Owners, The Public And Their Rights: Reconciling Vara, The Awcpa, And Copyright Fundamentals, David E. Shipley

Scholarly Works

Murals, sculpture, and other works of visual art have been parts of buildings, monuments and other structures for centuries, but copyright infringement litigation in the federal courts between artists, architects, photographers, and building owners is a relatively recent phenomenon. The outcome of these lawsuits has an impact on the public seeing works of visual art; experiencing works of visual art on buildings, monuments, and structures; and, looking at photographs of visual art on or in those architectural works. This article focuses on how the Copyright Act’s protection of artists’ rights in their works of visual art on buildings under the …

Awareness Of Copyright Infringement Among Undergraduates Of The State Universities In Sri Lanka, Iqbal Saujan Mr.

The Indonesian Journal of Socio-Legal Studies

Abstract

Copyright infringement is known as the use of copyrighted works without the permission of the creators, copyright holders or authors. It is a form of dishonesty and a violation of the authors' economic and exclusive rights. In general, copyright infringement activities have taken place in various ways such as theft, piracy, reuse and plagiarism among students pursuing degree programmes in higher education institutions in Sri Lanka. In this backdrop, this study aims to examine awareness of copyright infringement among students pursuing undergraduate degree programmes at state universities in Sri Lanka. The primary and secondary data have been used in …

The Franchise Era: Hollywood’S Reuse Of Ip, Cardozo Intellectual Property Law Society, Cardozo Entertainment Law Society, Cardozo Fame Center

2023–2024 Flyers

Join the IP Law Society and the Entertainment Law Society for the first panel of the semester! After a summer that started with the Super Mario Bros. movie and ended with the Barbie movie, this panel examines if Hollywood’s obsession with franchises is killing creativity, the movie star, the writers’ room, and the industry at large. Led by lawyers in the TV/film and branding industries, this panel aims to teach about the legal framework that allows for these franchises and how lawyers can provide for protections and allowances in contracts.

Deep Dive Into Deepfakes—Safeguarding Our Digital Identity, Yi Yan

Brooklyn Journal of International Law

Deepfake technology is becoming increasingly sophisticated, and with it, the potential to pose a significant threat to the digital community, democratic institutions, and private individuals. With the creation of highly convincing but entirely fabricated audio, video, and images, there is a pressing need for the international community to address the vulnerabilities posed by deepfake technology in the current legal landscape through unambiguous legislation. This Note explores the ethical, legal, and social implications of deepfakes, including issues of privacy, identity theft, and political manipulation. It also reviews existing international legal frameworks, i.e., the Convention on Cybercrime (“Budapest Convention”) and proposes a …

A Conversation With Professor Dov Greenbaum (Reichman University), Cardozo Intellectual Property & Information Law Program

2023–2024 Flyers

Join us for a conversation with Prof. Dov Greenbaum of the Harry Radzyner Law School at Reichman University in Herzliya, Israel. Professor Dov Greenbaum directs Reichman University’s Zvi Meitar Institute for Legal Implications of Emerging Technologies and is an adjunct professor at Yale University in Molecular Biophysics and Biochemistry. Dr. Greenbaum holds degrees and postdocs from Yeshiva University, Yale, UC-Berkeley, Stanford, and ETH Zurich. His doctoral research focused on informatics and big data. Before academia, he practiced law in Silicon Valley and in Israel.

Making Data Management Plans Machine Actionable: Templates And Tools, Joakim Philipson, Adil Hasan, Hanne Moa

Copyright, Fair Use, Scholarly Communication, etc.

Since September of 2019, a task group within the European Open Science Cloud - EOSC Nordic Project, work-package 5 (T5.3.2), has focused its attention on machine-actionable Data Management Plans (maDMPs). A delivery working-paper from the group (Hasan et al. 2021) concluded in summary that extracting useful information from traditional free-text based DMPs is problematic. While maDMPs are generally more FAIR compliant, and as such accessible to both humans and machines, more interoperable with other systems, and serving different stakeholders for processing, sharing, evaluation and reuse. Different DMP tools and templates have developed independently, to a varying degree, allowing for the …

The Library & Generative Ai, Nat Gustafson-Sundell, Mark Mccullough

Library Services Publications

A demonstration of several AI tools, including ChatGPT, ChatPDF, Consensus, and more. The focus of the session is on potential student uses of the tools and related library initiatives, so we address the limits of ChatGPT as an information source. Librarians can help students learn how to use these tools responsibly and provide leadership on campus as AI is integrated into assignments.

Penerapan Doktrin Fair Use Pada Penayangan Cuplikan Film Tanpa Izin Dalam Video Ulasan Film Pada Platform Youtube Di Indonesia, Fadhilah Pijar Ash Shiddiq

Technology and Economics Law Journal

No abstract provided.

Kejahatan Siber Terhadap Individu: Jenis, Analisis, Dan Perkembangannya, Russel Butarbutar

Technology and Economics Law Journal

No abstract provided.

Analisis Yuridis Terkait Perlindungan Hak Kekayaan Intelektual Dalam Hak Cipta Oleh Penyelenggara Marketplace Token Nft, Bagas Darmawan, Agus Sardjono

Technology and Economics Law Journal

No abstract provided.