While the FCC’s new “just and reasonable” net neutrality rule is a step in the right direction toward an open Internet, it is not a clear victory for net neutrality advocates.
Since it began its enhance patent quality initiative , the USPTO is better positioned to address patent quality than ever before.
While the idea of an autonomous car is exciting to many drivers, there are serious legal questions regarding autonomous cars that have yet to be answered.
Recent copyright infringement cases where infringement is predicated on the similar “feel” of the original and an infringing song is a step in the wrong direction.
Local law enforcement’s increasing use of Stingray, a technology used to pull metadata of a cellphone without the knowledge of the owner, undermines the legitimacy of the criminal justice system.
International Law is wholly inadequate in dealing with the technology and privacy issues.
As Big Data continues to grow in both reach and sophistication, our information economy will start to approach a state in which the definition of Personally Identifiable Information is no longer effective in pursuing its goal of protecting individual rights to privacy.
While free-market tools have been effective in curtailing cyber-bulling, there are still opportunities to use the legal system to stop cyber-bulling.
The SEC’s high frequency trading (HFT) enforcement strategy of speak loudly and carry a small stick demonstrates that it does not want to regulate high frequency trading.
Samsung deserves recognition for being transparent and showing concern for privacy after public backlash that its television sets were recording viewer conversations.
The Solicitor General’s opinion on whether the Supreme Court should hear Google v. Oracle java dispute may decide what constitutes fair use in the software industry.
The FCC is taking a more assertive role in internet regulation by preempting state laws that stymie municipal-sponsored broadband projects.
The F.C.C.’s decision in regards to net neutrality will have wide ranging impact on individuals and businesses.
The current mix of state and federal legislation, coupled with competing FCC regulation, creates a difficult situation for municipalities and ISPs in regards to municipal-sponsored broadband.
The Court of Justice of the European Union’s “the right to be forgotten” ruling has spurred debate on the role of search engines in regulating privacy.
What counts as a true threat of violence in our digital era, and how we should go about identifying it, is still unclear.
A federal response to data breach notification may not be panacea that some advocates claim.
The FAA’s recent ruling, banning the commercial use of drones, raises valid concerns about safety and privacy; however, it is no panacea.
While President Obama support for net neutrality is not dispositive, advocates for net neutrality have gained a powerful ally.
The boycott of ApplePay by clients of Merchant Customer Exchange (MCX) raises antitrust concerns.
The United Nations is seeking to anticipate and ameliorate the potential issues regarding Lethal Autonomous Weapons Systems (LAWS).
The recent financial crisis has led to heightened scrutiny across the financial markets. After the markets collapsed in 2008 there were calls for increased regulation of the financial markets, which led to the passage of the Dodd Frank Act. Despite the increased scrutiny and regulation, not every aspect of the financial markets is sufficiently covered and grey areas exist where it is unclear how the law will affect certain practices. One such practice is that of high-frequency trading. High-frequency trading is the use of sophisticated technological tools and computer algorithms to rapidly trade securities. High-frequency trading uses proprietary trading strategies carried out by computers to move in and out of positions in seconds or fractions of a second. It is said that this form of trading benefits the markets by moving supply and demand among long-term investors quickly and efficiently thereby reducing volatility and increasing liquidity. However, opponents of high-frequency trading have identified numerous perceived problems associated with the practice. One such problem is that securities exchanges have been selling access to market data to high-frequency traders in such a way that they have access to the information a very short period of time before other investors. Opponents claim that high-frequency traders then use this information to improperly influence the financial markets – at the expense of other investors that lack this “earlier” access to the market data provided by the exchanges. The trouble in attempting to root out any potential violations associated with these problems lies in the current regulatory scheme governing the financial markets. For example, the SEC has the power under §11A(c) of the Securities and Exchange Act...
On June 2nd, the Supreme Court unanimously reversed the Federal Circuit’s decision in Limelight Networks, Inc. v. Akamai Technologies, Inc. The Court found a defendant could not be held liable for induced infringement of a patent under 35 U.S.C. §271(b) where there has been no infringement under §271(a). In the opinion, the Court had some harsh words for the Federal Circuit. The Court was uncertain why, despite the “simple truth” that liability for inducement must be predicated on direct infringement (to which all parties and the Federal Circuit agreed), the Federal Circuit nonetheless continued its analysis. Ultimately, the Court felt that “the Federal Circuit’s analysis fundamentally misunderstands” method patent infringement. The amicus brief filed by the Government on October 16th in Cisco Systems, Inc. v. Commil USA, LLC suggests that if and when the Court considers the case, it might reject the Federal Circuit’s decision with comparable vigor. Commil alleged that Cisco both directly infringed and induced infringement of its method patent for hand-offs of mobile devices between base stations in a wireless network system. During the district court trial (the second, the first being reversed after an attempt to unfairly prejudice the jury by counsel for Cisco), the jury found for Commil on both issues and awarded $63.7 million in damages (with an additional $10.3 million awarded by the court for prejudgment interest and costs). On appeal, Cisco argued that the jury instruction on the claim of induced infringement used the language of negligence as opposed to instructing the jury on the higher scienter requirement the Court has adopted for induced infringement cases. Of greater importance, the Federal...
140 characters may not seem like enough room to really say something of value. But if Kanye West is saying something, it can be worth a lot more than one may expect. Etsy seller “supervelma” has hand-stitched popular tweets from the rapper Kanye West onto fabric, framed them, and is currently selling them for $45 each on the online craft retailer Etsy. Understandably, West may be upset that someone else is profiting off of his hard-earned Twitter notoriety, but does he have a remedy? Copyright is the traditional form of protection for works of art. Having a registered copyright can prevent others from reproducing the work, making a derivative piece of art based on your original work, or further diluting the value of your work by displaying it. West could argue a claim of copyright infringement, however he may encounter difficulty proving that a tweet can actually receive copyright protection. Many tweets simply state facts—which cannot be protected by copyrights—or link to news articles, whose headlines are generally found to be insufficiently creative to warrant copyright protection. It is also debatable whether a tweet like, “Fur pillows are hard to actually sleep on” meets the de minimis requirement of creativity that a copyrighted work must have. Most copyright experts agree that there is not a bright line rule about whether tweets can gain copyright protection; a copyrightable tweet would certainly be the exception rather than the norm because of the observational nature of Twitter. West—a professional wordsmith—might be able to make a stronger argument than most that his tweets go beyond mere observations, and are artistic expressions that might...