Intellectual Property

The Use of Technical Experts in Software Copyright Cases: Rectifying the Ninth Circuit’s “Nutty” Rule

The Ninth Circuit has ruled that experts may not testify to help juries understand whether one computer program is similar to another. Ninth Circuit cases fail to properly assess software copyright violations.

Trademark Search, Artificial Intelligence and the Role of the Private Sector

Worldwide, trademark offices and private firms use artificial intelligence-based systems (AI) to identify distinct trademarks. AI will transform trademark business and legal processes.

Legal Internalism in Modern Histories of Copyright

Process concerns, including formal registration requirements and the rule of law, are important to copyright lawyers and policymakers. Recent histories of copyright law neglect these procedural elements.

Mashups and Fair Use: The Bold Misadventures of the Seussian Starship Enterprise

A book that placed Star Trek characters in illustrations from Dr. Seuss is an unauthorized derivative work under the Copyright Act. The District Court erred in ruling that the book was a “fair use.”

The Paradox of Source Code Secrecy

Decision-making algorithms are increasingly used in administrative law, as well as in civil and criminal justice, raising due process concerns. Source code is protected from scrutiny by trade secret law.

Prize and Reward Alternatives to Intellectual Property

Some scholars have proposed prize or reward systems to encourage inventors and creators, as an alternative to the current intellectual property system. Designing prize and reward systems is challenging.

Speech Across Borders

Several courts have ordered online service providers to take down content worldwide. Other rules restrict speech depending on the nationality and location of the speaker. Tech firms also curate content on a global scale.

Privacy as Commons: Case Evaluation Through the Governing Knowledge Commons Framework

“Privacy” is best defined as a matter of the appropriate flow of information. A concept known as the “general knowledge commons” helps analyze privacy problems, although the concept was developed for creative content rather than privacy analysis.

Law, Virtual Reality, and Augmented Reality

Virtual Reality (VR) and Augmented Reality (AR) will be widely used for social and commercial purposes. AR and VR will sometimes be used to harm others, testing the limits of criminal, civil, and constitutional law.

Platforms and Interoperability in Oracle v. Google

Software made by one firm often needs to work with software made by other firms. In Oracle v. Google, a federal court will consider whether copyright law will change to hinder software interoperability.