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.

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.

Trademark Strength and Fame: The Federal Circuit Corrects the Trademark Trial and Appeal Board

In 2017, the United States Court of Appeals for the Federal Circuit decided the Joseph Phelps Vineyards case, reversing the Patent and Trademark Office's Trademark Trial and Appeal Board’s (TTAB) decision in a case asking whether consumers would likely be confused by a new trademark.

Functionality and Expression in Computer Programs: Refining the Tests for Software Copyright Infringement

Copyright law protects the expressive elements of created works, but not the work’s function. But expressive elements of software programs are hard to distinguish from functional elements. Elements needed to interoperate with other programs should not be protected by copyright.

What We Buy When We Buy Now

Many consumers are unaware that digital books, movies, or musical work cannot be transferred to others. Because consumers’ expectations are shaped in markets for tangible books, records, and CDs, sellers’ use of terms like “buy now” for digital media is deceptive.