The formative jurisprudence on the modification of video games came when copyright recognition of computer software was itself quite recent, when the level of creative “expression” in the altered videogame was meager. Consequently, modded games are currently held to be derivative works and infringement of the copyright of the originals. A determination of fair use …
Law enforcement is increasingly turning to “genetic witnesses” to solve crimes. The incorporation of genetic technologies like DNA ancestry tests and indirect molecular photofitting has drawn criticism as high-tech “racial profiling.” In cases where law enforcement has requested voluntary DNA samples to assist with criminal investigations, critics have quickly labeled the conduct “DNA dragnets.” To …
The threat posed by climate change has finally been recognized, and governments have begun taking actions to reduce greenhouse gas emissions to attempt to mitigate the potential damage. While government regulations may require reductions in greenhouse gas emissions, insufficient technology exists to achieve the necessary reductions without severe economic consequences. Encouragement of the development and …
The recent, unanimous decision of the U.S. Supreme Court in Matrixx Initiatives, Inc. v. Siracusano resolved a circuit split on the materiality standard under Rule 10b-5 of the Securities Exchange Act of 1934. By affirming the Ninth Circuit, the Court re-established the materiality standard set forth twenty-three years ago in Basic Inc. v. Levinson. Although …
The Warshak decision is a long-overdue federal case extending Fourth Amendment protection to electronic communications stored with third parties. In holding that citizens have a “reasonable expectation of privacy” for stored e-mail messages, the Sixth Circuit decision represents a shift towards a stricter interpretation of the Fourth Amendment as it applies to modern forms of …
The first sale doctrine, simply put, is the principle that after the copyright owner has transferred a copy of the work, the new owner is free to do almost anything with the copy without the copyright owner’s consent. The United States Court of Appeals for the Ninth Circuit held in Costco v. Omega that the …
Entering into a contract containing a carefully crafted arbitration clause provides a level of predictability with respect to the investment and liability associated with patent license and/or research agreements, thereby providing the respective companies a better estimation of the risk factors associated therewith. Specifically, when parties enter into an agreement to arbitrate they have the …
Design patents are an under-utilized tool in the protection of the work of fashion designers. Although the fashion industry annually generates billions of dollars in sales in the United States alone, many designers do not adequately protect their intellectual property. Multiple efforts to create a sui generis 1 statute specifically for fashion designs have stalled …
The exercise of personal jurisdiction is proper when someone has directed minimum contacts at a specific forum. Business conducted over the Internet complicates personal jurisdiction considerations because the boundaries of where one’s conduct reaches are not always clear. In Chloe v. Queen Bee of Beverly Hills, LLC, the Second Circuit held that business activities directed …
In July of 2010, the Copyright Office issued a ruling that allowed owners of iPhones and other cell phones to reprogram their devices to allow the use of lawfully-obtained programs not approved by their phone manufacturers. Despite the ruling, however, the Copyright Office was unable to determine whether the copies of the programs loaded onto …
