Who is in Charge Here? The Internet of Things, Governance and the Global Intellectual Property Regime | Vol. 23, No. 2

by admin | Dec 30, 2020 | Articles, Volume 23

RensNo one entity is in charge of the Internet, yet it works. The functioning of the Internet is maintained by an amalgamation of technological architectures, standards (and standards bodies) and task specific institutions, that are referred to as the Internet...

The Moral (Un)intelligence Problem of Artificial Intelligence in Criminal Justice: A Comparative Analysis Under Different Theories of Punishment | Vol. 25, No. 1

by admin | Dec 30, 2020 | Articles, Volume 25

The use of Artificial Intelligence (AI) and Machine Learning (ML) in criminal justice has been understandably controversial. The recent application of these technologies in the form of risk-needs assessment tools and their potential future application as AI judges has...

Limitations Upon the Enforceability of an Employee’s Covenant Not To Disclose and Not To Use Confidential Business Information Without Authorization | Vol. 23, No. 1

by admin | Jan 5, 2019 | Articles, Volume 23

Employee covenants not to disclose and not to use confidential information without authorization are widely used to protect employer trade secrets and other confidential information. However, the covenants are not as routinely enforced as many believe. At a minimum,...

Circuit Split: De minimis Sampling From Copyrighted Recordings After VMG Salsoul, LLC v. Ciccone | Vol. 22, No. 1

by admin | Jun 5, 2018 | Articles, Volume 22

Stealing music is legal again. On June 2, 2016, in VMG Salsoul, LLC v. Ciccone, the Ninth Circuit held that a sampled horn hit in Madonna’s “Vogue” was de minimis, infringing on neither the composition nor the recording of its source. The Ninth thus...

The Patent Pilot Program: What Is It, Is It Successful, and Should It Even Exist? | Vol. 22, No. 2

by admin | Jan 7, 2018 | Articles, Volume 22

Patents are notoriously complex. Unsurprisingly, litigation involving patents shares its subject matter’s innate intricacies. In the face of rising patent filings and increasingly complicated patent infringement lawsuits, Congress created the Patent Pilot...

Last Twenty (L20) Collections: Applying Copyright’s Section 108(h) in Libraries, Archives and Museums Including the New Music Modernization Act for Pre-1972 Sound Recordings | Vol. 22, No. 3

by admin | Jan 4, 2018 | Articles, Volume 22

Legally, libraries and archives may make and distribute copies of works in the last twenty years of their copyright, as long as there is no normal commercial exploitation of the work(s) and no reasonably priced copy available. 17 U.S.C. § 108(h). Unfortunately, §...