Archives

  • The Case for CAPSL: Architectural Solutions to Licensing and Distribution in Emerging Music Markets
    By: Cody Duncan Compulsory licensing in music has paved the way for a limited class of new noninteractive services. However, innovation and competition are stifled in the field of interactive or otherwise novel services due to high transaction costs inherent in direct licensing. While the creation of a new compulsory license available to a wider array ...
  • What’s It Worth to Keep a Secret?
    By: Gavin C. Reid, Nicola Searle, Saurabh Vishnubhakat This article is the first major study of protection and valuation of trade secrets under federal criminal law. Trade secrecy is more important than ever as an economic complement and substitute for other intellectual property protections, particularly patents. Accordingly, U.S. public policy correctly places a growing emphasis on ...
  • Making PayPal Pay: Regulation E and its Application to Alternative Payment Services
    By: Eric Pacifici In light of the growth of data breaches in both occurrence and scale, it is more important than ever for consumers to be aware of the protections afforded to them under the law regarding electronic fund transfers and alternative payment services. Additionally, it is important that agencies like the Consumer Financial Protection Bureau ...
  • The Death of Fair Use in Cyberspace: YouTube and the Problem With Content ID
    By: Taylor B. Bartholomew YouTube has grown exponentially over the past several years. With that growth came unprecedented levels of copyright infringement by uploaders on the site, forcing YouTube’s parent company, Google Inc., to introduce a new technology known as Content ID. This tool allows YouTube to automatically scan and identify potential cases of copyright infringement ...
  • Reasonable Expectations of Privacy Settings: Social Media and the Stored Communications Act
    By: Christopher J. Borchert, Fernando M. Pinguelo, and David Thaw In 1986, Congress passed the Stored Communications Act (“SCA”) to provide additional protections for individuals’ private communications content held in electronic storage by third parties. Acting out of direct concern for the implications of the Third-Party Records Doctrine—a judicially created doctrine that generally eliminates Fourth Amendment ...