University of Nebraska - Lincoln
Texas A&M University School of Law
Belmont University
University of Georgia School of Law
American University Washington College of Law
Seattle University School of Law
University of Akron School of Law
Foreword,
2023
Boston University School of Law
Foreword, Jessica Silbey
Faculty Scholarship
Most of us think we are familiar with graffiti – lettering on trains or graphic images on walls that follow us as we walk by. But Enrico Bonadio’s new book on graffiti and street art opens a door to more complex and nuanced worlds of artists and their communities. The focus is on everyday creators of graffiti and street art. Built from nearly 100 interviews and hundreds of hours of observation, the book is filled with the voices of artists and vivid details of their plein air studios and interactions. Also present in the book is the author, who weaves …
Against Progress: Intellectual Property And Fundamental Values In The Internet Age,
2023
William & Mary Law School
Against Progress: Intellectual Property And Fundamental Values In The Internet Age
Stanley H. Mervis Lecture
No abstract provided.
Determining What’S Not Obvious: Should A Reasonable Expectation Of Success Invalidate Patent Applications?,
2023
University of Massachusetts School of Law
Determining What’S Not Obvious: Should A Reasonable Expectation Of Success Invalidate Patent Applications?, Natalie Peters
University of Massachusetts Law Review
Patents are necessary to incentivize innovation because they grant owners the right to protect inventions. To be patentable, an invention must be useful, it must be novel, and it must not be obvious. But the judiciary has struggled to apply the latter requirement, non-obviousness, particularly for highly technical innovations subject to FDA regulations. For these innovations, the progression through the regulatory jungle can take ten to twenty years and millions of dollars (2.6 billion for a pharmaceutical drug). The complexities of the regulatory process can also render an innovation unprotected by patent rights because, by the end of the process, …
Copyright Throughout A Creative Ai Pipeline,
2023
Peter A. Allard School of Law, University of British Columbia
Copyright Throughout A Creative Ai Pipeline, Sancho Mccann
Canadian Journal of Law and Technology
Consider the following fact pattern.
Alex paints some original works on canvas and posts photos of them online. Becca downloads those images and uses them to train an AI (training configures the AI’s model parameters to useful values). Becca posts the resulting trained parameter values on her website under a license that reserves to Becca the right to use the parameters commercially. Cory uses those parameter values in a program that is designed to produce artwork. Cory clicks create and the program produces a work. This work is new to Cory, but it looks a lot like one of Alex’s …
Perceiving Critical Infrastructure With A New Awareness Of Cyber Risk,
2023
Schulich School of Law, Dalhousie University
Perceiving Critical Infrastructure With A New Awareness Of Cyber Risk, Duncad Card
Canadian Journal of Law and Technology
North America’s critical infrastructure has been the subject of cyber-attack, in various cycles of activity, for many years. In March of 2017, a cyber-attack caused periodic ‘‘blind-spots” for electricity distribution grid operators in the Western US for about 10 dangerous hours. In May of this year, there was panic at the gas pumps across many States in southeastern United States, which has been attributed to a cyber-attack on a major US pipeline that disrupted fuel supplies to the US East coast. US Commerce Secretary Raimondo soon after that attack announced that those sorts of attacks are becoming more frequent and …
Book Review Rethinking The Jurisprudence Of Cyberspace,
2023
National University of Ireland Maynooth
Book Review Rethinking The Jurisprudence Of Cyberspace, David Cowan
Canadian Journal of Law and Technology
It is a common claim that law is always catching up with technology. This is not entirely fair. The European Union’s General Data Protection Regulation1 (GDPR) could be viewed as a case of technology having to catch up to the law. That said, clearly there are challenges in law and in the legal profession, both in terms of how the law can adapt to changes in the digital world and the disruption of the legal profession. On the former point, there are perhaps three broad schools of thought: existing law is sufficient for adapting to new technological challenges, as it …
Crispr, Like Any Other Technology: Shedding Determinism & Reviving Athens,
2023
Osgoode Hall Law School, York University
Crispr, Like Any Other Technology: Shedding Determinism & Reviving Athens, Jon Khan
Canadian Journal of Law and Technology
This article examines current narratives surrounding CRISPR (clustered regularly interspaced short palindromic repeats) and the current Canadian treatment of this novel biotechnology. It argues that Canada’s current approach to genetic research and CRISPR appear to have succumbed to the false narrative of technological determinism. It argues that Canada must buck the narrative and alter the current status quo in two principal ways: Canada should pursue more somatic CRISPR clinical trials in humans and permit pre-clinical germline editing. To design a regulatory regime for clinical germline editing and better guidance on somatic CRISPR clinical trials, Canada should engage Deliberative Polling to …
Harmful Speech And The Covid-19 Penumbra,
2023
Osgoode Hall Law School, York University
Harmful Speech And The Covid-19 Penumbra, Kenneth Grad, Amanda Turnbull
Canadian Journal of Law and Technology
We make two central claims in this essay. First, the themes of malinformation have remained remarkably consistent across pandemics. What has changed is only the manner of their spread through evolving technologies and globalization. Thus, as with pandemic preparedness more generally, our failure to take proactive measures reflects a failure to heed the lessons of the past. Second, we argue that the COVID-19 pandemic presents a unique opportunity to tackle online falsehoods and mitigate their impact in the future.
We proceed in three parts. Part one addresses the harmful speech that inevitably follows in pandemic’s wake. We illustrate this through …
Digital Surveillance Of Covid-19: Privacy And Equity Considerations,
2023
Dalhousie University, Schulich School of Law
Digital Surveillance Of Covid-19: Privacy And Equity Considerations, Elaine Gibson, Cal Dewolfe, Ilana Luther
Canadian Journal of Law and Technology
In this paper, we examine the potentially deleterious effects of surveillance on vulnerable Canadians. A wide range of digital surveillance technologies have either been deployed or considered for deployment both in Canada and around the world in response to the international emergency created by the COVID-19 pandemic. Some of these technologies are highly effective in predicting or identifying individual cases and/or outbreaks; others assist in tracing contacts or enforcing compliance with quarantine and isolation measures. However, there are necessarily risks associated with their deployment. First are the infringements on privacy rights of citizens and groups. Second, these technologies run the …
The Adverse Human Rights Impacts Of Canadian Technology Companies: Reforming Export Control With The Introduction Of Mandatory Human Rights Due Diligence,
2023
Schulich School of Law, Dalhousie University
The Adverse Human Rights Impacts Of Canadian Technology Companies: Reforming Export Control With The Introduction Of Mandatory Human Rights Due Diligence, Siena Anstis, Rj Reid
Canadian Journal of Law and Technology
Netsweeper, a Canadian company, has produced and sold Internet-filtering technology to authoritarian regimes abroad. According to public research from the Citizen Lab, this technology has been used to censor religious content in Bahrain, information on Rohingya refugees in Myanmar and India, political campaign content in United Arab Emirates, and information on HIV/AIDS in Kuwait. This article considers how Canadian export control law deals with technologies that negatively impact human rights abroad and identifies a gap in the existing export control scheme. We suggest this gap could be closed by adopting a proactive human rights due diligence requirement on companies seeking …
Recognizing Operators’ Duties To Properly Select And Supervise Ai Agents – A (Better?) Tool For Algorithmic Accountability,
2023
Schulich School of Law, Dalhousie University
Recognizing Operators’ Duties To Properly Select And Supervise Ai Agents – A (Better?) Tool For Algorithmic Accountability, Richard Zuroff
Canadian Journal of Law and Technology
In November of 2020, the Privacy Commissioner of Canada proposed creating GDPR-inspired rights for decision subjects and allowing financial penalties for violations of those rights. Shortly afterward, the proposal to create a right to an explanation for algorithmic decisions was incorporated into Bill C-11, the Digital Charter Implementation Act. This commentary proposes that creating duties for operators to properly select and supervise artificial agents would be a complementary, and potentially more effective, accountability mechanism than creating a right to an explanation. These duties would be a natural extension of employers’ duties to properly select and retain human employees. Allowing victims …
If A Machine Could Talk, We Would Not Understand It: Canadian Innovation And The Copyright Act’S Tpm Interoperability Framework,
2023
Schulich School of Law, Dalhousie University
If A Machine Could Talk, We Would Not Understand It: Canadian Innovation And The Copyright Act’S Tpm Interoperability Framework, Anthony D. Rosborough
Canadian Journal of Law and Technology
This analysis examines the legal implications of technological protection measures (‘‘TPMs”) under Canada’s Copyright Act. Through embedded computing systems and proprietary interfaces, TPMs are being used by original equipment manufacturers (‘‘OEMs”) of agricultural equipment to preclude reverse engineering and follow-on innovation. This has anti-competitive effects on Canada’s ‘‘shortline” agricultural equipment industry, which produces add-on or peripheral equipment used with OEM machinery. This requires interoperability between the interfaces, data formats, and physical connectors, which are often the subject of TPM control. Exceptions under the Act have provided little assistance to the shortline industry. The research question posed by this analysis is: …
Antitrust Interoperability Remedies,
2023
University of Pennsylvania Carey Law School
Antitrust Interoperability Remedies, Herbert J. Hovenkamp
Faculty Scholarship at Penn Carey Law
Compelled interoperability can be a useful remedy for dominant firms, including large digital platforms, who violate the antitrust laws. They can address competition concerns without interfering unnecessarily with the structures that make digital platforms attractive and that have contributed so much to economic growth.
Given the wide variety of structures and business models for big tech, “interoperability” must be defined broadly. It can realistically include everything from “dynamic” interoperability that requires real time sharing of data and operations, to “static” interoperability which requires portability but not necessarily real time interactions. Also included are the compelled sharing of intellectual property or …
Editorial Board,
2023
Chicago-Kent College of Law
Editorial Board, Chicago-Kent Journal Of Intellectual Property
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Frand Royalties: Rules V Standards?,
2023
European University Institute
Frand Royalties: Rules V Standards?, Nicolas Petit, Amandine Léonard
Chicago-Kent Journal of Intellectual Property
Royalties for intellectual property (IP) are like taxes. Everyone agrees that some limits are necessary. However, no one agrees on the levels at which the limits should be set. One way to overcome disagreement consists in asking if a legal rule or standard should govern the limits of IP royalties. This paper discusses this issue in the context of Standard Essential Patents (“SEPs”) governed by a commitment to license on Fair Reasonable and Non Discriminatory (“FRAND”) terms. The paper finds that FRAND rules generally surpass standards, but only under specific conditions.
Table Of Contents,
2023
University of Washington School of Law
Regulatory Sandboxes Enable Pragmatic Blockchain Regulation,
2023
University of Washington School of Law
Regulatory Sandboxes Enable Pragmatic Blockchain Regulation, Joshua Durham
Washington Journal of Law, Technology & Arts
Since blockchain technology supports digitally-native money, the centralized chokepoints that governments have traditionally targeted to regulate commerce no longer apply to our (digital) property. However, competent regulation furthers basic public policy goals and should enable responsible innovation of this promising technology. This Article discusses pragmatic policies that enable responsible innovation by cultivating regulatory expertise required to write enforceable rules. Responsible innovation is necessary because unlike the early internet, where programmers could manipulate simple colors and text on webpages, these same individuals can now create financial services applications that manipulate actual money—we are faced with an inescapable reality that more is …
“This Artwork Is Always On Sale”: The Need For A U.S. Resale Royalty Right For Digital Visual Artists In This Technological Age, And Proof Of Concept Through The Blockchain And Nfts Explosion,
2023
University of Washington School of Law
“This Artwork Is Always On Sale”: The Need For A U.S. Resale Royalty Right For Digital Visual Artists In This Technological Age, And Proof Of Concept Through The Blockchain And Nfts Explosion, Janae Camacho
Washington Journal of Law, Technology & Arts
With the explosion of the internet, social media, non-fungible tokens (“NFTs”), and blockchain technology, there has been a shift in how people consume and commercialize art, thus resulting in the increased use of digital visual mediums to create, purchase, and receive payment for visual artwork. This increase has renewed the question of whether the United States should implement a resale royalty right for visual work artists. This question is of concern, especially in this digital age where it has become more difficult for digital visual artists to receive equitable compensation for their work, like that of their musical and written …
Masthead,
2023
University of California, Hastings College of the Law
Ea Sports: It’S In The Federal Legislation,
2023
University of California, Hastings College of the Law
Ea Sports: It’S In The Federal Legislation, Gia Silahian
Hastings Communications and Entertainment Law Journal
No abstract provided.
