Subjects -> PATENTS, TRADEMARKS AND COPYRIGHTS (Total: 27 journals)
Showing 1 - 9 of 9 Journals sorted alphabetically
Berkeley Technology Law Journal     Free   (Followers: 17)
Expert Opinion on Therapeutic Patents     Hybrid Journal   (Followers: 12)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 20)
GRUR International     Full-text available via subscription  
IIC - International Review of Intellectual Property and Competition Law     Hybrid Journal   (Followers: 28)
International Data Privacy Law     Hybrid Journal   (Followers: 29)
International Journal of Intellectual Property Management     Hybrid Journal   (Followers: 29)
IP Theory     Open Access   (Followers: 12)
JIPITEC Journal of Intellectual Property, Information Technology and E-Commerce Law     Open Access   (Followers: 26)
John Marshall Journal of Information Technology & Privacy Law     Full-text available via subscription   (Followers: 7)
John Marshall Review of Intellectual Property Law     Free   (Followers: 10)
Journal of Copyright in Education & Librarianship     Open Access   (Followers: 35)
Journal of Data Protection & Privacy     Full-text available via subscription   (Followers: 7)
Journal of Intellectual Property Law & Practice     Hybrid Journal   (Followers: 30)
Journal of Intellectual Property Rights (JIPR)     Open Access   (Followers: 24)
Law, State and Telecommunications Review     Open Access   (Followers: 2)
Marquette Intellectual Property Law Review     Open Access   (Followers: 14)
Northwestern Journal of Technology and Intellectual Property     Open Access   (Followers: 8)
Propiedad Intelectual     Open Access   (Followers: 1)
Recent Patents on Anti-Cancer Drug Discovery     Hybrid Journal   (Followers: 2)
Recent Patents on Anti-Infective Drug Discovery     Hybrid Journal   (Followers: 1)
Reports of Patent, Design and Trade Mark Cases     Hybrid Journal   (Followers: 5)
Revista La Propiedad Inmaterial     Open Access  
The Journal of World Intellectual Property     Hybrid Journal   (Followers: 25)
Ticaret ve Fikri Mülkiyet Hukuku Dergisi     Open Access  
Web Journal of Current Legal Issues     Open Access   (Followers: 6)
World Patent Information     Hybrid Journal   (Followers: 17)
Similar Journals
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Fordham Intellectual Property, Media and Entertainment Law Journal
Number of Followers: 20  

  This is an Open Access Journal Open Access journal
ISSN (Print) 1079-9699
Published by Fordham University Homepage  [6 journals]
  • Something Old, Something New: Forecasting Willing Buyer/Willing Seller’s
           Impact on Songwriter Royalties

    • Authors: Daniel Abowd
      Abstract: Mechanical royalties payable to songwriters for digital reproductions of their works on services such as Spotify and Apple Music are determined through a convoluted quasi-trial in front of an administrative body called the Copyright Royalty Board (“CRB”). The CRB is itself governed by statutory rate standards that constrain the types of evidence and analyses it may consider when setting royalty rates.In 2018, Congress passed a much-heralded, consensus piece of music legislation called the Music Modernization Act (“MMA”). The MMA attacked a broad swath of issues across the music industry, including, most visibly, establishing a blanket license for digital mechanical licenses, and a statutory entity to administer that license. But buried within the MMA was a less-celebrated wrinkle: a provision that replaced the old 801(b) rate standard used by the CRB for mechanical royalties with a new “willing buyer/willing seller” rate standard. While the new standard was seen as a victory for songwriters, its precise practical effects remain unsettled. Will it really increase rates' If so, why' What evidence, arguments, and analysis will it allow—and foreclose—relative to the old standard'This Comment seeks to answer these questions through a comparative case study of two past CRB proceedings. First, it dissects the analyses that shaped the CRB’s Phonorecords III decision—the most recent mechanical royalty rate-setting proceeding, and the last to use the old 801(b) rate standard. Second, it undertakes a similar analysis of the CRB’s Web IV decision, the most recent instance in which the CRB applied the willing buyer/willing seller standard to a rate-setting proceeding for a different rights type (the digital performance of sound recordings). It then compares and contrasts those two proceedings to predict how willing buyer/willing seller will operate in the digital mechanical royalty context. From that comparison it concludes that, while the change does skew songwriter-friendly, there is also a significant amount of uncertainty that may render the change less significant than copyright owners hope—and music licensees fear.
      PubDate: Sun, 21 Feb 2021 15:50:31 PST
       
  • Conventional Protections for Commercial Fan Art Under the U.S. Copyright
           Act

    • Authors: Rachel Morgan
      Abstract: For many years, artists and consumers of pop culture have channeled their artistic skills into creating derivative works of their favorite fictional stories and characters. In the United States, fans of Japanese anime and manga have made a living selling artwork of their favorite characters at anime conventions, large gatherings that bring in fellow fans from all around the country. Despite the prevalence of this practice, there is a glaring legal issue: these fictional characters are the intellectual property of the authors who created them, and fan art is blatant copyright infringement. However, there are still many economic advantages to permitting the sale of fan art. This Note will propose a way to apply the fair use defense to commercial fan art in a way that protects the economic interests of both authors and fans.
      PubDate: Sun, 21 Feb 2021 15:50:26 PST
       
  • Defensive Patent Litigation Strategy for Chinese Companies: A Review of
           the Extraterritorial Reach of the United States Patent Laws

    • Authors: Lisa D. Zang
      Abstract: China has experienced an extraordinary transformation from a poor, developing nation into a global economic power. With China becoming one of the U.S.’s largest trading partners, however, Chinese companies have become increasingly enmeshed in U.S. patent litigations. Although the U.S. patent laws are intended only to govern conduct within the nation’s borders, the line between domestic and foreign economic activities has become increasingly blurred. Modern sales transactions often span multiple countries, and in such situations, it may not be clear whether the U.S. patent laws apply. For Chinese companies facing exposure to U.S. patent litigations, it is critical to understand what qualifies as an infringing “sale” and “offer to sell” within the U.S. for purposes of determining patent infringement liability and damages. It is also important to understand the circumstances under which a foreign company may be liable for patent infringement in the U.S. if products that are manufactured and sold overseas independently make their way into the U.S. This Article addresses the foregoing issues against the backdrop of the extraterritorial reach and limitations of the U.S. patent laws.
      PubDate: Sun, 21 Feb 2021 15:50:22 PST
       
  • Mark of the Devil: The University as Brand Bully

    • Authors: James Boyle et al.
      Abstract: In recent years, universities have been accused in news stories of becoming “trademark bullies,” entities that use their trademarks to harass and intimidate beyond what the law can reasonably be interpreted to allow. Universities have also intensified efforts to gain expansive new marks. The Ohio State University’s attempt to trademark the word “the” is probably the most notorious. There has also been criticism of universities’ attempts to use their trademarks to police clearly legal speech about their activities. But beyond provocative anecdotes, how can one assess whether a particular university is truly bullying, since there are entirely legitimate reasons for universities—like all trademark holders—to assert their rights' Online “rankings” of trademark bullies have obscure methodologies. We lack both an empirical account of major aspects of the landscape, and a rigorous case study giving individualized, almost ethnographic, information about what the accused academic trademark bullies think they are doing. What are their legal arguments and how would impartial experts assess those claims' What is their intellectual property worldview, their idea of the role that trademarks have in the university’s mission'In this Article, we attempt to provide an answer to those questions. We conducted the first empirical study of a prominent university’s trademark assertion practice—both the legitimate exercise and defense of its brands and conduct that strays over the line into bullying. To do this, we took the university popularly identified as the number one collegiate trademark bully and conducted a comparative empirical ranking of its behavior as compared to other classes of universities—academically elite institutions, major sports programs and so on—to find out if any of these categories were predictors of aggressive trademark assertion. Second, we hand-coded every single trademark opposition filed by the alleged bully over a four-year period, assigning each one a numerical merit score. We also analyzed the arguments that the university provided, thus allowing us not merely to identify whether this was a true case of bullying, but what the alleged bully had to say for itself. Unfortunately, the accused bully is our own university, Duke. Is Duke an outlier or a bellwether' There are reasons to suspect the latter. After assessing a variety of possible explanations for anomalous aggressiveness in trademark assertion, ranging from legal change and licensing culture to behavioral economics, the Article concludes with suggestions for reform, both of the law and of university practices.
      PubDate: Sun, 21 Feb 2021 15:50:17 PST
       
  • Plus or Minus America: Spanski, Geoblocking Technology, and Personal
           Jurisdiction Analysis for Nonresident Defendants

    • Authors: Daniel Canedo
      Abstract: The use of a geoblock—technology that restricts access to websites based on user location—is a controversial topic, and one that plays a role in defining the scope under which nonresident defendants may be subjected to the personal jurisdiction of U.S. courts in copyright infringement cases. For example, a recent D.C. Court of Appeals case, Spanski Enterprises, Inc. v. Telewizja Polska, S.A., involved a Polish television network whose geoblock setting, known as “minus America,” failed to restrict website access in violation of a Canadian company’s exclusive rights under the U.S. Copyright Act. Cases like Carsey-Werner Co., LLC v. British Broadcasting Corp. and Triple Up Ltd. v. Youku Tudou Inc. also dealt with nonresident defendants whose public performances reached the U.S. in violation of another’s exclusive rights under the Act. However, in reviewing these and other cases that dove deep into personal jurisdiction analysis, one sees that there is room for simplification.This Article discusses the various components of jurisdictional analysis with regard to nonresidents whose content reaches the U.S. and results in a potential violation of the Copyright Act. Looking at approaches from the Ninth Circuit, Second Circuit, and others, courts—weary of mandating geoblocking technology for websites—have held that general jurisdiction plays a much smaller role in personal jurisdiction analysis, leaving specific jurisdiction as the avenue in which a court may subject the defendant to personal jurisdiction. A review of the relevant case law shows that there are gaps, and that filling those gaps can make the inquiry more straightforward. Consequently, this Article proposes a revision to the analysis through an amendment to the Copyright Act specifying that reasonable efforts to implement a geoblock will negate the exercise of personal jurisdiction over a nonresident defendant. The proposal would be subject to any jurisdictional immunity exceptions under applicable law, or to any contractual agreements to the contrary.Without imposing mandatory geoblocks, the proposed amendment will not only simplify the analysis, but it will also provide clarity to nonresident defendants regarding their potential liability when their activities reach the U.S, while allowing courts to continue exercising personal jurisdiction within the bounds of due process. That simplicity and clarity may also provide an incentive for internet actors to take responsibility in recognizing the territorial limits of copyright law.
      PubDate: Sun, 21 Feb 2021 15:50:13 PST
       
  • The Dinosaur in the Living Room: A Proposal to Enable Academic Access to
           Fossils Discovered on Private Land

    • Authors: Sara K. Mazurek
      Abstract: The United States has been a major source of scientifically significant paleontological discoveries over the course of its history. In addition to invaluable primary source material for the study of evolution and climate change, American paleontology has additionally been invoked as symbols of American power since the founding of the country. Even though fossils are prominent national heritage, the United States today only uniformly regulates their excavation and use on federal public lands through the Paleontological Resources Preservation Act. When fossils are discovered on private land, landowners and those with whom they contract often sell them to private collectors, which can lead to research quality specimens becoming inaccessible to museums and universities seeking to research or publicly display them. This Note will use the discovery and litigation over the Dueling Dinosaurs, fossils of two dinosaurs preserved in combat, as a case study to demonstrate the current futility of legal action in providing for scientific access. This Note will argue that the federal government should pass a Model Act that provides universities and museums the opportunity to appeal for a delay in the sale for scientifically significant specimens that would allow an institution to have temporary custody over the material. Such a proposal should not be subject to just compensation under eminent domain law because of the financial benefit landowners should receive from affiliation with and analysis from such an institution.
      PubDate: Sun, 29 Nov 2020 16:26:16 PST
       
  • Pain Mismanagement: The Opioid Problem in the NFL

    • Authors: Dylan McGowan
      Abstract: In 2014 and 2015, two groups of former National Football League (“NFL”) players brought lawsuits against the NFL for its handling and distribution of opioids and other dangerous painkillers. While neither lawsuit has succeeded in its goal of addressing the painkiller problem, they brought to light the broken pain management culture of the NFL and the health risks these medications pose to both active and former players. Addressing the opioid problem should be a top priority for the NFL and the National Football League Players’ Association (“NFLPA”). This Note examines the pain management crisis in the NFL, and analyzes the two player lawsuits, illustrating the difficulty players face in obtaining relief in the courts. Additionally, this Note discusses the joint NFL-NFLPA Collective Bargaining Agreement (“CBA”) and demonstrates the NFLPA’s need to negotiate for changes in that agreement to secure relief for former players and protect active players from any further harm.
      PubDate: Sun, 29 Nov 2020 16:26:12 PST
       
  • Protectable “Art”: Urinals, Bananas, and Shredders

    • Authors: Richard H. Chused
      Abstract: Creative souls have long played with our imaginations, as well as our tastes, about what art may be. The resulting absurdist, dada, and everyday object art forces us to step back and ask a few intellectual property questions about what this art has done, undone, or reconstructed in the copyright world. The Copyright Act grants protection to “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” This Article explores how pranksterism, eccentricity, repackaging of ordinary objects, and decay can be subsumed within legal categories of copyright law like originality, fixation, protectable two- or three-dimensional art, and moral rights.Taking concepts from the history of art, from modern notions of visual perception, and from recent developments in the under-standing of random motion, this Article unravels copyright conundrums involving artistic use of everyday objects. Three artists are highlighted: Marcel Duchamp, who created art by placing a urinal on a pedestal; Maurizio Cattelan, who recently hung slowly decaying bananas at an exhibition; and Banksy, who inserted a shredder in a composition’s frame and activated it at an auction. Comparing the work of these three provocative artists with a variety of other well-known creative souls leads to the conclusion that Duchamp’s urinal, Cattelan’s creation of instructions for taping a banana to a wall, and Banksy’s integration of a shredder into the frame of a two-dimensional work are fully protected as copyrightable works.
      PubDate: Sun, 29 Nov 2020 16:26:07 PST
       
  • The Regulation of Cryptocurrencies: Between a Currency and a Financial
           Product

    • Authors: Hadar Y. Jabotinsky Dr.
      Abstract: Cryptocurrencies are electronically generated and stored currencies by which users can trade either real or virtual objects with one another. As these digital assets gain popularity, the issue of how to regulate them becomes more pressing. Cryptocurrencies are attractive due in part to their decentralized, peer-to-peer structure. This makes them an alternative to national currencies which are controlled by central banks. Given that these cryptocurrencies are already replacing some of the “regular” national currencies and financial products, the question then arises—should they be regulated' And if so, how' This paper draws the legal distinction between cryptocurrencies which are in fact currency and those which are securities disguised as currency. It further suggests that in cases where a token is indeed a security, regular securities regulation should apply. In all other cases, anti-fraud measures should be in place to protect investors. Further regulation should only be put in place if the cryptocurrency starts increasing systemic risk in the general financial system.
      PubDate: Sun, 29 Nov 2020 16:26:02 PST
       
  • Selecting Scrutiny in Compelled-Speech Cases Involving Non-Commercial
           Expression: The Formulaic Landscape of a Strict Scrutiny World After
           

    • Authors: Clay Calvert
      Abstract: This Article examines how courts select the standard of scrutiny—strict, intermediate, or something akin to rational basis—in compelled-speech disputes following the United States Supreme Court’s 2018 rulings in National Institute of Family and Life Advocates v. Becerra and Janus v. American Federation of State, County, and Municipal Employees. The compelled-speech doctrine provides individuals and entities with a qualified First Amendment right not to be forced by the government to convey messages under certain circumstances. This principle sometimes is referred to as an unenumerated First Amendment right not to speak. The Article concentrates on compelled-speech mandates involving non-commercial expression in a factually eclectic collection of 2019 cases. Specifically, it focuses on the methodologies for determining scrutiny and how, in turn, Becerra and Janus influence those tacks. The right-not-to-speak cases addressed here concern the government requiring: (1) building owners to post small warning notices about a structure’s construction; (2) real-estate developers to either display or fund public-facing art; (3) newspapers to disclose facts online about buyers of political advertisements; (4) groups registering voters to give disclaimers to those with whom they interact; (5) registered sex offenders to display warning signs in front of their residences proximate to Halloween; and (6) business operators to create expressive products (wedding invitations and videos) celebrating same-sex marital unions. Courts selected strict scrutiny in all but one of these diverse circumstances and often were influenced by Becerra and/or Janus in doing so, but was that rigorous standard appropriate' Does its application, in other words, amount to judicial overkill against the handiwork of lawmakers' The Article argues that if courts in some of these settings used a First Amendment interests-and-values approach for deter- mining scrutiny—a path favored by Justice Stephen Breyer—instead of a simplistic, long-standing formula pivoting on whether a law is content-based or content-neutral, then they might have deployed a less stringent test that better balanced competing interests. The Article identifies five First Amendment interests and values for resolving scrutiny in a more nuanced fashion in future compelled-speech disputes.
      PubDate: Sun, 29 Nov 2020 16:25:57 PST
       
  • Washington "Redskins" -Disparaging Term or Valuable Tradition': Legal
           and Economic Issues Concerning Harjo v. Pro-Football, Inc.

    • Authors: Mark S. Nagel et al.
      Abstract: "I'll never change the name of the Redskins. You have my word on that. In addition to that, it's really what the Redskins mean that's not quite out there.., what it means is tradition. It means winning. It means a great tradition for the franchise."-Daniel Snyder (owner of the Washington Redskins)."A long habit of not thinking a thing wrong gives it a superficial appearance of being right, and raises at first a formidable outcry in defense of custom."-Thomas Paine.
      PubDate: Tue, 14 Jul 2020 18:56:34 PDT
       
  • Should the NCAA Have to Pay' Long-Term Injuries in College Athletics,
           Improper Assumptions of Risk, and Coverage of Medical Expenses After
           College

    • Authors: Alexandrea Jacinto
      Abstract: Student-athletes spend years training, perfecting their sport, and working hard in school in order to make it to the big leagues: Division I College Athletics. However, when student-athletes finally get there, they are met with empty promises, and often leave with injuries that no one took the time to warn them about. That is because, despite being told that they must sign an agreement with the National Collegiate Athletic Association (“NCAA”) which binds them to the organization’s rules, athletes learn quickly that the other side of that agreement is rarely, if ever, upheld when they need it. Courts fail to recognize the coercive nature of the relationship between the NCAA and student-athletes, and completely ignore the duty of the NCAA to adequately inform athletes of the potential risk of their athletic participation. The long-relied-upon assumption-of-risk doctrine utilized by the NCAA as a defense should no longer be accepted by the courts, as it is clear that the nature of participation in athletics is not always entirely voluntary. Thus, the NCAA should be held liable for the lifelong medical expenses of student-athletes brought about by injuries sustained while acting as athletic representatives of their school.
      PubDate: Thu, 30 Apr 2020 14:33:16 PDT
       
  • FRE-Bird: An Evidentiary Tale of Two Colliding Copyrights

    • Authors: Daniel Abowd
      Abstract: Sound recordings are not musical compositions. Sound recordings embody musical compositions. Thus, when sound recordings appear in musical composition infringement trials, they do so as an imperfect facsimile of the composition they actualize. As a result, they can confuse and mislead juries tasked only with evaluating the similarity of the underlying composition. On the other hand, music is an aural medium: how can juries be expected to compare two songs without listening to their commercial embodiments'Several recent cases have hinged on the admissibility of sound recordings in composition infringement trials. In doing so, they have implicated three fundamental questions: (1) Where does composition end and sound recording begin' (2) How has the evolution of creative and business practices in the music industry complicated the formerly tidy separation of composition and performance/recording' (3) What are the policy implications for courts defining “composition” more broadly or more narrowly, and how do these interact with the underlying policies governing sound recording evidentiary decisions'This Note targets a seemingly simple question: how should courts approach the use of sound recordings in composition infringement trials' Any thorough answer, however, must grapple with the many underlying creative, industry, and public policy complexities that bear on that debate. Thus, this Note necessarily traces the historical convergence of composition and recording in creative, industry, and judicial contexts. It then discusses the underlying policy arguments that favor and oppose the unrestricted use of sound recordings in composition infringement trials. Finally, it marshals all of this context into a proposed “Triad” judicial framework that explicitly links a court’s inquiry into the “compositionality” of a recorded element to litigants’ burdens in seeking to admit, or preclude, that element as evidence of substantial similarity among compositions.
      PubDate: Thu, 30 Apr 2020 14:33:10 PDT
       
  • Bounty Hunters For Algorithmic Cartels: An Old Solution for a New Problem

    • Authors: Aleksandra Lamontanaro
      Abstract: In light of the reality that pricing algorithms allow commercial actors to perform all phases of their price-fixing conspiracies without leaving behind trails of traditional incriminating evidence, the scarcity of algorithmic cartels prosecutions is hardly surprising. Given well-documented evidence that the authorities struggle in their efforts to detect even conventional price-fixing cartels, it is imperative to come up with new tools for detecting algorithmic cartels, which have unprecedented potential to harm consumers if left ignored. This Note investigates algorithmic capabilities to collude, as well as legal and technical challenges that governmental authorities face in confronting such collusion. This Note then introduces two proposals to improve the detection of algorithmic cartels: cartel screening and a whistleblower bounty program. The Note argues that, although the optimal solution is to implement the whistleblower bounty program and cartel screening together, it would be more effective and efficient to launch the former before the latter. Importantly, by implementing the whistleblower bounty program before cartel screening, governmental authorities would gain the expertise necessary to enforce antitrust laws without impeding innovation.
      PubDate: Thu, 30 Apr 2020 14:33:04 PDT
       
  • Trademark Vigilance in the Twenty-First Century: An Update

    • Authors: Peter S. Sloane
      Abstract: The trademark laws impose a duty upon brand owners to be vigilant in policing their marks, lest they be subject to the defense of laches, a reduced scope of protection, or even death by genericide. Before the millennium, it was relatively manageable for brand owners to police the retail marketplace for infringements and counterfeits. The Internet changed everything.In ways unforeseen, the Internet has unleashed a tremendously damaging cataclysm upon brands—online counterfeiting. It has created a virtual pipeline directly from factories in China to the American consumer shopping from home or work. The very online platforms that make Internet shopping so convenient, and that have enabled brands to expand their sales, have exposed buyers to unwittingly purchasing fake goods which can jeopardize their health and safety as well as brand reputation.This Article updates a 1999 panel discussion titled Trademark Vigilance in the Twenty-First Century, held at Fordham Law School, and explains all the ways in which vigilance has changed since the Internet has become an inescapable feature of everyday life. It provides trademark owners with a road map for monitoring brand abuse online and solutions for taking action against infringers, counterfeiters and others who threaten to undermine brand value.
      PubDate: Thu, 30 Apr 2020 14:32:57 PDT
       
  • The All Substantial Rights Doctrine: A Second Look

    • Authors: Mark J. Abate et al.
      PubDate: Thu, 30 Apr 2020 14:32:51 PDT
       
  • Movements, Moments, and the Eroding Antitrust Consensus

    • Authors: Michael Wolfe
      Abstract: Timothy Wu, The Curse of Bigness: Antitrust in the New Gilded Age (Columbia Global Reports, 2018). $14.99.Timothy Wu’s book, The Curse of Bigness, offers a brief history on and critical perspective of antitrust law’s development over the last century, calling for a return to a Brandeisian approach to the law. In this review-essay, I use Wu’s text as a starting point to explore antitrust law’s current political moment. Tracing the dynamics at play in this debate and Wu’s role in it, I note areas underexplored in Wu’s text regarding the interplay of antitrust law with other forms of industrial regulation, highlighting in particular current difficulties in copyright law as one of the underlying tensions driving popular discontent with the major technology firms or “tech trusts.” I consider the continuing influence of Robert Bork’s The Antitrust Paradox, now more than forty years old, and how the current reform movement might execute a shift as lasting and substantial as the one Bork spearheaded with his book.
      PubDate: Thu, 30 Apr 2020 14:32:45 PDT
       
  • Down the Rabbit Hole: Applying a Right to Be Forgotten to Personal Images
           Uploaded on Social Networks

    • Authors: Eugenia Georgiades
      Abstract: The right to be forgotten has been the subject of extensive scrutiny in the broad context of data protection. However, little consideration has been given to the misuse of personal images that are uploaded on social networks. Given the prevalent use of online and digital spaces, social networks process and use various forms of data, including personal images that are uploaded by individuals. The potential for misuse of images is particularly acute when users upload images of third parties. In light of the European Union’s enshrinement of the “right to be forgotten” amid provisions of the General Data Protection Regulation that tighten protections for Internet users’ privacy, this Article examines whether the European “right to be forgotten” is a model that could be adopted, specifically in Australia, and perhaps elsewhere, as a mechanism to protect against the misuse of people’s images within social networks.
      PubDate: Thu, 30 Apr 2020 14:32:39 PDT
       
  • An Instance of Open Hardware: A Different Approach to Free and Open Source
           Hardware Licensing

    • Authors: Timothy Murphy
      Abstract: As open source software (“OSS”) has become more prevalent, and more widely accepted, many different OSS licenses have proliferated to provide different licensing constructs for licensors and licensees. The most popular OSS license is the GNU General Public License (“GPL”), which is protective of author rights and intended to foster an open software community. Because software source code and object code files are primarily protected by copyright, the options for license terms are relatively straightforward and well-known. To the extent patent rights become an issue, various additional provisions have been proposed to address that issue in the context of the overall, copyright-focused license.By contrast, open hardware (“OHW”), a relatively new entrant to the open source arena, does not have a robust ecosystem of potential licenses. Because of the many different types of OHW and the different types of intellectual property that are applicable at each stage of the OHW development cycle, crafting a single license to govern all aspects of OHW has proven difficult.This Article will explore the technical environment for OHW and the underlying principles and drivers of the open source community. The applicability of different forms of intellectual property at each stage of the OHW design/productization cycle will be discussed, along with the accompanying challenges presented by OHW. Finally, the Article will review existing licenses before proposing a new licensing approach that focuses on permissive instantiations of OHW and distribution in non-editable form to provide a different approach to building a robust OHW community.
      PubDate: Thu, 30 Apr 2020 14:32:33 PDT
       
  • The Prison of Convenience: The Need for National Regulation of Biometric
           Technology in Sports Venues

    • Authors: Kirsten Flicker
      Abstract: In recent years, biometric data has crept its way into sports venues. In 2015, Major League Baseball began to use fingerprinting at stadium entrances. More recently, reporters have alerted spectators to the use of facial recognition technology in arenas such as Madison Square Garden. Proponents of these developments insist that the technology conveniences spectators, increases venue security, and enhances the overall spectator experience. Yet these claims fail to take into account the possibility of irremediable data breaches, the inaccuracies in facial recognition technology, and the privacy and unfair and deceptive trade practice concerns this technology raises. Further, there is an overarching concern about the lack of regulation of biometric data. This Note examines the benefits and concerns of biometric technology as well as the options for regulating it. Ultimately, this Note finds that national regulation of biometric technology would best serve sports spectators. In particular, this Note recommends a uniform standard for venues in all states that requires transparency of biometric data policies, and protection of spectator data.
      PubDate: Wed, 18 Mar 2020 12:32:34 PDT
       
 
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