Articles

From Arcades to Online: Updating Copyright to Accommodate Video Game Streaming

Author: Nicholas Robinson Cite: Nicholas Robinson, From Arcades to Online: Updating Copyright to Accommodate Video Game Streaming, 20 N.C. J.L. & Tech. 286 (2018), http://ncjolt.org/wp-content/uploads/2018/12/RobinsonFinal.pdf. PDF: http://ncjolt.org/wp-content/uploads/2018/12/RobinsonFinal.pdf Volume: Volume 20, Issue 2

Subject Matter Eligibility and Functional Claiming in Software Patents

Subject matter eligibility and functional claiming are considered separate doctrines in patent law. Conceptually, subject matter eligibility relates to the types of ideas that can be patented, whereas limits on functional claiming constrain how patentees can claim their inventions. In practice, however, patents that recite functional claims are also more likely to be invalidated for

Juries in U.S. Patent Cases: A Comparative Portrait of the Boundaries of Democracy

“It is clear that juries will necessarily differ in ‘competence,’ but it is at best incongruous to suggest that a society that sends its citizens routinely into space could never produce a jury competent to determine a case some judge might consider too ‘complex’ for people with ‘common experience’ to decide.” Author: M. Neil Browne,

Cybersecurity of Autonomous Systems in the Transportation Sector: An Examination of Regulatory and Private Law Approaches with Recommendations for Needed Reforms

The past twenty-five years gave rise to increasing levels of automation within the transportation sector. From initial subsystems, like vessel satellite tracking and automobile chassis control, automation continues apace. The future promises fully autonomous devices such as unmanned aerial systems (“UAS”) and self-driving cars (“UAV”). These autonomous and automatic systems and devices (“AASD”) provide safety,

Patent Trolls, Nuisance Suits, and the Federal Trade Commission

The Federal Trade Commission’s (“FTC’s”) Patent Assertion Entity Activity Report (“The Report”) includes a path-breaking collection of data. The Report was compiled with the object of changing policy, both in Congress and before the courts. Because of the FTC’s ability to force businesses and individuals to provide information, a power that no ordinary researcher possesses,

Proposed Rules to Determine the Legal Use of Autonomous and Semi-Autonomous Platforms in Domestic U.S. Law Enforcement

We need some rules. “Or there will be . . . trouble.” Author: Michael Sinclair Cite: Michael Sinclair, Proposed Rules to Determine the Legal Use of Autonomous and Semi-Autonomous Platforms in Domestic U.S. Law Enforcement, 20 N.C. J.L. & Tech. 1 (2018), http://ncjolt.org/wp-content/uploads/2018/12/SinclairFINAL.pdf. PDF: http://ncjolt.org/wp-content/uploads/2018/12/SinclairFINAL.pdf Volume: Volume 20, Issue 1

A Fork in the Blockchain: Income Tax and the Bitcoin/Bitcoin Cash Hard Fork

Volume 19, Online Issue (May 2018)

On August 1, 2017, the Bitcoin blockchain experienced a hard fork. The hard fork, spurred by concerns over Bitcoin’s scalability, resulted in an entirely new blockchain and an accompanying new cryptocurrency: Bitcoin Cash. However, the new blockchain relies on the history of transactions recorded on the old blockchain. Consequently, at the time of the hard

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Nick Webb, A Fork in the Blockchain: Income Tax and the Bitcoin/Bitcoin Cash Hard Fork, 19 N.C.J.L. & Tech 283 (2018), available at http://ncjolt.org/wp-content/uploads/2018/05/Webb_Final.pdf.

Signature Management Team LLC v. Doe: The Right to Anonymous Speech Post-Judgment

Volume 19, Online Issue (May 2018)

The Sixth Circuit’s recent decision in Signature Management Team LLC v. Doe addressed an issue of first impression in digital privacy law, finding that anonymous internet defendants do not automatically forfeit their First Amendment right to anonymity once they are found liable in a civil lawsuit. The court’s recognition that the right to anonymity can

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Kelly Waldo, Signature Management Team LLC v. Doe: The Right to Anonymous Speech Post-Judgment, 19 N.C.J.L. & Tech 253 (2018), http://ncjolt.org/wp-content/uploads/2018/05/Waldo_Final.pdf.

Risk Assessment Algorithms: The Answer to an Inequitable Bail System?

Volume 19, Online Issue (May 2018)

Debate over pretrial detention began long before ratification of the Eighth Amendment, tracing its roots to the early English bail system. Despite this, approaches to the system have largely remained stagnant since passage of the Bail Reform Act of 1984, which contains a series of procedural directives that model bailsetting practices for the majority of

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Richard F. Lowden, Risk Assessment Algorithms: The Answer to an Inequitable Bail System?, 19 N.C.J.L. & Tech. 221 (2018), available at http://ncjolt.org/wp-content/uploads/2018/05/Lowden_Final.pdf.

Teaching a New Dog Old Tricks: Why the Howey Test is Still the SEC’s Best Friend When Examining Initial Coin Offerings

Volume 19, Online Issue (May 2018)

This Recent Development examines the state of the law and opinions surrounding whether an initial coin offering (ICO) constitutes an offering of securities under federal securities laws. The SEC has taken the position that each offering will be analyzed on a case-by-case basis, looking at the facts and circumstances of each offering. The number of

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Laura Gritz, Teaching a New Dog Old Tricks: Why the Howey Test is Still the SEC's Best Friend When Examining Initial Coin Offerings, 19 N.C.J.L. & Tech. 193 (2018), available at http://ncjolt.org/wp-content/uploads/2018/05/Gritz_Final.pdf.

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