Science and Technology Law Commons^™

Say What You Want: How Unfettered Freedom Of Speech On The Internet Creates No Recourse For Those Victimized, Wes Gerrie

Catholic University Journal of Law and Technology

In today’s society, virtually everyone relies on online posts in order to make decisions—from what products to purchase to what restaurants to visit. The introduction and increase of online communication has made posting reviews online a simpler, easier, and more efficient process. However, the increase of online communication has threatened the delicate balance between free speech and harmful speech.

A tangled web of recent case law and federal law exists which aggressively protects the free speech of online reviewers. The law has carved out immunity for the website operators that host an online reviewer’s comments, which in turn makes an …

Masthead

Catholic University Journal of Law and Technology

No abstract provided.

Market Transparency: How Congress Can Reform Post-Secondary Student Data To Expand Consumer Choice, Benefit Institutions, And Make Higher Education More Transparent, William Holloway

Catholic University Journal of Law and Technology

The federal higher education data system is broken and in need of reform. The Office of Federal Student Aid at the Department of Education has over $1.136 trillion in net liabilities on its balance sheets, most of which consist of federal loans which enable students to access higher education. Despite this large investment, the federal government does not have a coherent way to provide students, parents, institutions, or policy makers with transparent data on student completion, retention, loan repayment, and post-college success, due to federal policies that prevent data from being collected at the student-level. The resulting system is burdensome …

Deepfake Videos: When Seeing Isn't Believing, Holly Kathleen Hall

Catholic University Journal of Law and Technology

Videos, known as deepfakes, use readily available software to create a work that shows people saying and doing things they may never have uttered or engaged in. The technology making the videos appear very authentic is advancing at such a rate that people may not be able to detect if the videos are fact or fiction. Given the hasty acceptance of other forms of fake news in society, deepfake videos have the ability to affect the nature of information the public receives about candidates and policies. This study examines the potential use of deepfake videos in the democratic process, analyzes …

Fintech: Antidote To Rent-Seeking?, Jeremy Kidd

Articles

Fintech is a reality of our modern society, and will likely become even more so in the future. Peer-to-peer lending, cybercurrencies, smart contracts, algorithmic lending, and more, have required adaptation by consumers and producers of financial services. Our modes of doing business will continue to be challenged and changed by these and other Fintech innovations, almost certainly expanding beyond merely “promot[ing] financial inclusion, expand[ing] access to capital for individuals and small businesses, and more broadly reshap[ing] how society interacts with financial services.” By reducing transaction costs, advancing technology opens the doors to innovations the likes of which we might not …

The Trademark Disclaimer Provision Of The Lanham Act: Is Uspto Flexibility Worth Litigant Ambiguity?, 17 J. Marshall Rev. Intell. Prop. L. 305 (2018), Scott Locke

UIC Review of Intellectual Property Law

Most trademark applicants and the attorneys who counsel them are familiar with the requirement that they disclaim terms within their trademarks because those terms are descriptive or generic. The United States Patent and Trademark Office’s authority to direct applicants to disclaim terms is codified in the Trademark Disclaimer Provision of the Lanham Act, which provides examiners with a great deal of discretion. The same provision has been interpreted as providing applicants with the options of: taking conflicting positions, e.g., that the term is neither descriptive nor generic in the context of their marks, when asserting common law rights; and pursuing …

Patent Pilot Program Perspectives: Patent Litigation In The Northern District Of Illinois, 17 J. Marshall Rev. Intell. Prop. L. 348 (2018)

UIC Review of Intellectual Property Law

A Patent Pilot Program, or PPP, is geared towards giving designated judges in various districts more experience with patent cases. The Volume 17 RIPL Executive Board interviewed several participating judges in the Northern District of Illinois’ PPP.

This note is comprised of interviews with Judge Thomas M. Durkin, Judge Matthew F. Kennelly, and Judge Rebecca R. Pallmeyer of the United States District Court, Northern District of Illinois; taken over the course of May and June of 2017 by the Volume 17 RIPL Board members Kaylee Willis and Benjamin Lockyer. Its contents compile a uniform effort by both the judges interviewed …

Deja Vu Or Copyright Infringement? Why Melania Trump Infringed On Michelle Obama's Copyrighted Speech Through Subconscious Copying, 17 J. Marshall Rev. Intell. Prop. L. 360 (2018), Danielle Mobley

UIC Review of Intellectual Property Law

In 2016, Melania Trump recited a beautiful speech at the Republican National Convention that had portions which sounded exactly like a speech given by Michelle Obama at the Democratic National Convention in 2008. Mrs. Trump feigned ignorance of the 2008 DNC speech, and essentially the speech was superseded by another news story within a week. While some critics claim plagiarism, Mrs. Obama could have a potential copyright infringement claim against Mrs. Trump based on the context of the speech, the actual portions lifted from Mrs. Obama’s speech, and the doctrine of subconscious copying. This article first examines the elements Mrs. …

The Supreme Court: A Help Or A Hindrance To The Federal Circuit's Mission?, 17 J. Marshall Rev. Intell. Prop. L. 298 (2018), Donald Dunner

UIC Review of Intellectual Property Law

Before the establishment of the Federal Circuit, the system of patent enforcement was deeply flawed, with the circuit courts then responsible for reviewing district court patent decisions harboring widely varying attitudinal views in the interpretation of the patent law. Suggestions for solving the problem through a single specialized appellate patent court were consistently rejected due to general hostility to specialized courts. The formation of the Federal Circuit in 1982 initially appeared to solve the problem in providing uniform and predictable rules governing the enforcement of patents, an essential aspect of the court’s mission. The Supreme Court did not provide any …

Knowledge/Skill Standards Of A "Person Skilled In Art": A Concern Less Visited, 17 Marshall Rev. Intell. Prop. L. 588 (2018), Naina Khanna, Jasmeet Gulati

UIC Review of Intellectual Property Law

The law is differential across jurisdictions when it comes to the skill standard required for the PSITA/PHOSITA in Patent Law. This article will analyze the various levels of skill addressed throughout European, Indian, and U.S. Patent Law. Whether the level of skill be ‘ordinary’, ‘extraordinary’ or otherwise, discrepencies exist throughout the court systems, manuals of examination and the like. Much hinges on the determination of patentability when the expertise or level of skill of the PSITA/PHOSITA is often vague and indeterminative. It is submitted that since the advancement in technology is taking place at a very rapid scale and every …

The Balances Of Two Trademark Rights: Generation Systems In Japan's Trademark Laws, 17 J. Marshall Rev. Intell. Prop. L. 608 (2018), Weiguang Wu

UIC Review of Intellectual Property Law

This article consists of 6 sections. In Section I, the article mainly introduces the basic theory of a trademark right as a private right and its purpose. A trademark right as a private right is purposeful to protect goodwill of trademark users, which is their labor fruits during trademark use in the course of business. A trademark right generated by use is called a right subsisting upon use (RSUU) system, which is mainly adopted in common law countries. A trademark right generated by registration is called a right subsisting upon registration (RSUR) system, which is mainly adopted by civil law …

Law, Brands, And Innovation: How Trademark Law Helps To Create Fashion Innovation, 17 J. Marshall Rev. Intell. Prop. L. 492 (2018), Dayoung Chung

UIC Review of Intellectual Property Law

This Article explores the role of trademark law in the fashion industry. For years, the fashion industry has drawn legal scholars’ attention for its maintenance of creative endeavors within a legal environment that offers limited protection against design copying. Some influential legal studies argued that copying paradoxically helps the fashion industry as unregulated copying stimulates the creation of new designs. Yet, this Article observes that the driver for new design creation is already built into the contemporary fashion industry. The question should rather be directed at who creates fashion and how the role of the law, if any, aids the …

The Slants Decision Understates The Value Of Trademark Registration In Promoting Speech - Correctly Decided With A Conclusory Analysis, 17 J. Marshall Rev. Intell. Prop. L. 380 (2018), David Brezina

UIC Review of Intellectual Property Law

The highly anticipated case of Matal v. Tam resulted in the band, The Slants, eventually being able to register their band name as a trademark, with a goal in mind to reclaim Asian stereotypes. Despite this decision, it is not immediately clear how having a registration enhances the registrant’s right to use the mark as a part of free speech, when the Court observes that Tam could call his band The Slants even without registration. This article touches on the Tam case, by analyzing both the positive and negative rights that federal trademark registration yields. By expanding on a variety …

Delaying Competition: How Sound Public Policy And Rigorous Antitrust Scrutiny Can Be Applied To Controversial Patent Settlements, 17 J. Marshall Rev. Intell. Prop. L. 655 (2018), Sam Hensel

UIC Review of Intellectual Property Law

The rising costs of prescription drugs are a growing concern for many Americans. The restraint of trade for pharmaceutical drugs is a cause of rising costs for consumers, as companies seek to push potential competitors out of the market to maintain profits. This unlawful restraint of trade will be discussed in this comment. Specifically, this comment will focus on "Pay for Delay" agreements, mostly between generic versus brand name pharmaceutical manufacturers. The proliferation of these agreements only leads to an unsustainable market that discourages innovation and advancement, and promotes fraud, as invalid patents are used as leverage to prevent generics …

A Battle Between Moral Rights And Freedom Of Expression: How Would Moral Rights Empower The "Charging Bull" Against The "Fearless Girl"?, 117 J. Marshall Rev. Intell. Prop. L. 672 (2018), Tzu-I Lee

UIC Review of Intellectual Property Law

No abstract provided.

Foreign Patent Decisions And Harmonization: A View Of The Presumption Against Giving Foreign Patent Decisions Preclusive Effect In United States Proceedings In Light Of Patent Law International Harmonization, 18 J. Marshall Rev. Intell. Prop. L. 1 (2018), Roberto Rosas

UIC Review of Intellectual Property Law

This article takes a look at the important issue of global harmonization in patent law. The article takes a snapshot at issues such as recognition and enforcement of foreign patent decisions, and how courts in the United States resolve foreign patent laws disputes brought before them. Although there are numerous legal topics that can be addressed in the subject of international patent law, this article takes special focus on the pressure put on the strong presumption of territoriality in patent law because of the rapid and still growing globalization and internalization of markets and intellectual property; while also discussing on …

Trade Secret Law: The Role Of Information Governance Professionals, 18 J. Marshall Rev. Intell. Prop. L. 27 (2018), William Lynch Schaller

UIC Review of Intellectual Property Law

Trade secrets are rapidly becoming the most important assets of many businesses. Information Governance (IG) professionals can and should play an integral part in managing company trade secrets, but not all companies have IG professionals and not all IG professionals understand the meaning of "trade secrets." This article maps the many facets of trade law and practice that are of potential interest to all IG professionals. It also highlights the different roles IG professionals can play with respect to trade secrets, from cataloging to monitoring to testifying.

When Open Source Software Encounters Patents: Blockchain As An Example To Explore The Dilemma And Solutions, 18 J. Marshall Rev. Intell. Prop. L. 55 (2018), Huang-Chih Sung

UIC Review of Intellectual Property Law

The original blockchain developers set the core programs, development interfaces, and application software of the blockchain as open source software, which are open to all developers for free. They have never thought of collecting royalties by claiming copyright, nor did they apply for patents. Since then, however, many follow-up blockchain developers applied the core programs to further developments and filed a large numbers of patent applications, causing the original blockchain developers to be very concerned about whether these patents will otherwise slow down or even endanger the innovation of blockchain technology. Consequently, finding legal solutions for the conflicts between open …

Making The List: What Does It Take To Make A Patient List A Trade Secret?, 18 J. Marshall Rev. Intell. Prop. L. 83 (2018), Sara Ghantous

UIC Review of Intellectual Property Law

What exactly makes a patient list a trade secret? This question has been a topic of heated debate for the last thirty years. It turns out that there is no right answer to this question. Long story short: it depends. The enumerated factors in the Uniform Trade Secrets Act (UTSA) lack specificity, and the courts fan to clarify how to meet the UTSA’s ambiguous standards. Because there is no clear approach to determine whether a patient list enjoys trade secret protection, there is no way for physicians to know the proper measures to take in gathering, maintaining, and protecting patient …

Insta-Fringement: What Is A Fair Use On Social Media?, 18 J. Marshall Rev. Intell. Prop. L. 102 (2018), Caroline E. Kim

UIC Review of Intellectual Property Law

The phenomena of the Internet reinforced the need for well-defined intellectual property rights. In turn, the enactment of the General Data Protection Regulation emphasized the importance of social media and privacy. However, the problem remains that the law has not yet fully embraced the relationship between many technological advancements and social media. The widespread use of social media illustrates that contemporary copyright law must address what constitutes “shareable content.”

This article examines what social media platforms can do in order to provide a clearer definition of what constitutes a “fair-use” on their platforms. A data controller such as Instagram must …

Resale Of Digital Works Under Copyright Laws: A Legal And Economic Analysis, 18 J. Marshall Rev. Intell. Prop. L. 123 (2018), Muhammad Masum Billah

UIC Review of Intellectual Property Law

Through the first sale doctrine, copyright laws around the world establish for an owner of the copy of a copyrighted work the right to resell, lend, donate, and, in some cases, even to rent the copy. Under the doctrine, the copyright holder loses any control over the future distribution of a copy of the work after the sale of that copy. The purchaser of the copy is free to treat it like any other property she possesses. She can transfer it to anyone else through a resale or donation. The doctrine is part of the balance copyright law strikes between …

Unconstitutional Application Of 35 U.S.C. §101 By The U.S. Supreme Court, 18 J. Marshall Rev. Intell. Prop. L. 144 (2018), Sherry Knowles, Anthony Prosser

UIC Review of Intellectual Property Law

“A or B” is inconsistent with “A not B.” This describes why the application of 35 U.S.C. § 101 by the U.S. Supreme Court is inconsistent with the U.S. Constitution, and thus unconstitutional. This article tracks the legislative history of patent eligibility from 1790 to 2011, and the parallel but inconsistent U.S. Supreme Court case law during this period. In following its own case law, the Court has shown extraordinary judicial activism, has penciled out two words of the federal statute (“or discovers”), and has penciled a word out of the U.S. Constitution (“discoveries”).

You Can't Always Get What You Want? A Comparative Analysis Of The Legal Means To Oppose The Use Of Campaign Music, 18 J. Marshall Rev. Intell. Prop. L. 169 (2018), Stefan Michel

UIC Review of Intellectual Property Law

The conflict between politicians and musicians over the use of songs as campaign music is a recurring issue in almost every election cycle. Due to its energizing and unifying force, music can be an efficient instrument in political campaigning. However, artists feel aggrieved as the use of their music might invite the assumption that they are somehow endorsing the candidate. After giving a brief overview of the history of campaign music and the qualities that make it so attractive for campaigning, this piece will analyze the chances a musician stands in the jurisdictions of the U.S., the UK and Germany. …

The Safe Harbor Of 35 U.S.C. § 121: Judicial Deviation From Congressional Intent Is Not Necessary To Uphold 35 U.S.C. § 101, 18 J. Marshall Rev. Intell. Prop. L. 205 (2018), Jeanette Braun

UIC Review of Intellectual Property Law

35 U.S.C. § 101 allows one patent per invention. Congress recognized that patent applications may disclose more than one invention and in 1952, enacted 35 U.S.C. § 120 and 121 to allow parent patent applications to birth child applications. The rights of patent blood lines have been understood and relied on for decades. In 2015, the Federal Circuit changed the rights of patent blood lines and ruled that the order in which patent applications were birthed destroyed 35 U.S.C. § 121 protection of divisional applications. This article analyzes the congressional intent of 35 U.S.C. § 121, the rights of patent …

Returning The Photographer's Autonomy: The Integration Of Blockchain Technology Into Copyright Registration, 18 J. Marshall Rev. Intell. Prop. L. 221 (2018), Claire Demos

UIC Review of Intellectual Property Law

The advent of the Internet, combined with advances in accessible digital technology, have altered both the modern photographer’s methodologies and the public’s relationship to images online. Subsequent legislation has not evolved at a comparable pace, leaving copyright owners at a significant disadvantage when it comes to protecting their work in the digital environment. This comment specifically looks at the copyright registration process and subsequent legislation such as the Digital Millennium Copyright Act, which has failed to adequately address the copyright owner’s insurmountable burden when it comes to detecting infringement online. Continuing developments such as the integration of blockchain-based technology into …

Prediction, Persuasion, And The Jurisprudence Of Behaviorism, Frank Pasquale, Glyn Cashwell

Faculty Scholarship

No abstract provided.

Gaming The Law: Adolescents And The Harmful Digital Communication Act—Employing An Educational Approach, Nachshon Goltz, Giulia Dondoli

SMU Science and Technology Law Review

In 2015, the Parliament of New Zealand enacted the Harmful Digital Communication Act (HDCA) with the aim of eliminating harm caused by digital communications. After a year of HDCA’s partial enforcement, a relatively large number of cases under Section 22, which concerns harm caused by posting digital communication, have been filed. Under this section, anyone over the age of fourteen can potentially face sanctions, and the first person to be convicted under the Act was an eighteen-year-old. This article highlights the legal rights and obligations that adolescents need be aware of. It also presents an online game, “Privacy Games” at …

Predatory Innovation: The Definite Need For Legal Recognition, Thibault Schrepel

SMU Science and Technology Law Review

No abstract provided.

Scraping The Bottom Of The Barrel: Why It Is No Surprise That Data Scrapers Can Have Access To Public Profiles On Linkedin, Marissa Boulanger

SMU Science and Technology Law Review

No abstract provided.

Telemedicine Is The New Narcotics Candy Store: Teladoc Opens The Floodgates For The Unrestricted Sale Of Dangerous Drugs, Madeleine Rosuck

SMU Science and Technology Law Review

No abstract provided.