The Reimagined Schoolyard: Cryptocurrency’s Adoption in Tomorrow’s International Monetary Order
Stephen Wilks This Article looks to specific periods in the socio-legal history of money to make a series of predictive statements about cryptocurrency’s contemporary impact. New forms of currency have been more consequential than simply solving narrowly defined problems. They have shaped relationships between technology and government’s expansionary aims to produce important structural arrangements – sometimes at the cost of disrupting incumbent ones. In the prehistoric era, commodity based forms of money gave way to metal coins and systems of exchange that facilitated trade expansion and would eventually express political power in their physical design. The large-scale circulation of paper...
Computer Fraud: Private Parties Dictating Criminal Behavior
Zachary Schapiro Computers have become a ubiquitous part of everyday life—used in the office and the home for a wide array of features. Prior to using a computer, people must agree to various software and website terms of use. Additionally, employers typically adopt computer use policies which prohibit use of a company computer for personal matters. Many people, either knowingly or unknowingly, violate these terms and policies. Is violating these policies and agreements criminal? Circuit courts disagree on the answer. In some jurisdictions, simple violations of a website’s terms of use or a company’s computer policies could result in criminal...
Can a Two-Pronged Attack from Congress and the FDA Make Up for the BPCIA’s Limitations?
Guodong Fu The Biologic Product Competition and Innovation Act (BPCIA) of 2009, modeled after the Hatch-Waxman Act of 1984, has been largely criticized as ineffective in promoting significant competition in the pharmaceutical industry. Biosimilar sponsors lack guidance from the U.S. Food and Drug Administration (FDA) on how to obtain interchangeable designation for follow-on biologics. In addition, biosimilar sponsors face patent infringement litigation from reference drug companies as part of the “patent dance” set forth by the Supreme Court in 2017 in Sandoz v. Amgen. The FDA’s Biosimilar Action Plan (BAP) and a proposed bill from Congress, the Biologic Patent Transparency...
Google v. Oracle: Weighing Fair Use Factors in Software Copyright Infringement Cases
Guodong Fu The ongoing battle for clarity on the limitation of United States copyright protection in the software industry has yielded inconsistent results over the past ten years. Google LLC v. Oracle America, Inc., currently before the Supreme Court, may finally shed some light on the status of copyright protection as applied to software. In deciding the case, the Court must balance the four fair use factors as applied to software copyrights. The Court will likely navigate a fine line to balance maintaining a market of interoperability with fair competition. This Essay argues that the Supreme Court should maintain a...
Defining Copyright Protections on Social Media in the Age of Instagram #Reposts
Jessica Barbaria Globally, more than one billion people use Instagram every month. It is no wonder Instagram’s impressive user base has attracted big businesses to the platform. Brands seeking to grow their audiences often turn to social media to reach new customers, engage with existing customers, and source marketing content. Despite brands’ increasing reliance on Instagram, the legal boundaries of social media marketing are not well defined. Brands do not always know when they have permission to exploit user-generated content, and users do not always feel their content is fully protected. To clarify this uncertainty, Congress should amend the Copyright...
Applying Antitrust in Digital Markets: Foundations and Approaches
Mark Jamison This paper analyzes the conflicts that arise when trying to apply traditional antitrust principles in the context of digital markets. Antitrust has both political and economic foundations. The political approach emphasizes populist themes that ultimately harm economic development, whereas economic approaches focus on characterizations of and remedies for market power. Digitization of markets thwarts current antitrust tools by adding complexity and rapid change. Several authors suggest populist approaches for antitrust in digital markets, but these lack rigor and fail to address central challenges. This Article suggests that antitrust should return to its earliest roots and directly address features...
I See It, I Like It, I Want It, I Got It: Ariana Grande’s Right of Publicity Lawsuit Against Forever 21
Alexandra Babkowski In 2019, Ariana Grande filed a lawsuit in the United States District Court for the Central District of California against Forever 21 for violating her right of publicity, a legal construct designed to help celebrities control their identities for commercial use. This right is important to protect in light of the influence of celebrity endorsements and the risk that businesses will misappropriate celebrities’ images because they cannot afford the hefty price tags associated with celebrity endorsement. This Essay argues that under common law, Forever 21’s use of unauthorized photographs of Grande and the look-alike model violate Grande’s right...
Don’t Sue Meme, It’s a Parody
Lea Silverman Memes have become one of the most prolific posts on social media websites. Memes exploit familiar templates of existing images overlaid with text, typically to make a point or a joke. There have been very few court cases and almost no rulings on the issue of memes and copyright infringement. By applying a fair use analysis and the Supreme Court’s 1994 decision in Campbell v. Rose-Acuff Music, Inc., this Essay argues that meme creators can successfully assert the parody defense to copyright infringement. Read Full Text Here
Decentralizing Drone Regulations in Low-Altitude Airspace
Julie Bateman States have long held authority over low-altitude airspace. Nonetheless, with the rise of commercial drones over the past decade, the FAA has extended its near exclusive authority over aircraft in navigable airspace, generally airspace above 500 feet, to low-altitude airspace. Several members of Congress have proposed affirming the state’s authority over low- altitude airspace, most recently Senator Mike Lee with the Drone Integration and Zoning Act of 2019. Under the FAA’s regime, dominant players have secured valuable authorizations for beyond visual line of sight operations and package delivery services, yet small businesses have struggled to obtain authorization for...
The Internet of Things: How Digital Copyright Rules Govern Our Physical World
Jessica Barbaria Intellectual property law governs the digital world. Thus, copyright law controls how digital content, such as software, is shared and accessed. Digital content is generally licensed, permitting users to save and use a copy of software but not to own it outright. Because the internet enables monitoring of these licenses, copyright holders can ensure users do not infringe on copyright or violate their license agreements in other ways. Software also enables advanced capabilities in physical products. For example, car manufactures can remotely modify settings to benefit drivers after they buy their cars. That said, software updates come with...