Northwestern Journal of Technology and Intellectual Property最新文献

{"title":"Appellate Jurisprudence in the Internet Age","authors":"M. Whiteman","doi":"10.2139/SSRN.2735027","DOIUrl":"https://doi.org/10.2139/SSRN.2735027","url":null,"abstract":"This paper builds on the work begun by Prof. John Merryman in his article The Authority of Authority [6 Stan. L. Rev. 613 (1954)].A close examination of the citation practices of the United States Supreme Court and the California Supreme Court from the twentieth and twenty-first centuries reveals that appellate jurisprudence in the Internet age closely resembles that of the pre-Internet age. These findings, coupled with the continued criticism of legal researchers in the Internet age, call for a retrenchment in training future lawyers in the essential skills of “thinking like a lawyer.” The traditional techniques that have been taught by legal research and writing professors, and their doctrinal counterparts, must remain an essential part of our legal education system. Appellate jurisprudence in the Internet age is the same as it has always been. Whether one uses the Internet or a treatise to find legal information, the analytical skills necessary to determine relevant precedent remains the most important skill for a lawyer in the Internet age.","PeriodicalId":372904,"journal":{"name":"Northwestern Journal of Technology and Intellectual Property","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129844617","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Effects of Alice on Covered Business Method (CBM) Reviews","authors":"Manny Schecter, S. Ambwani, Alexander Shei, R. Jain","doi":"10.2139/SSRN.2704646","DOIUrl":"https://doi.org/10.2139/SSRN.2704646","url":null,"abstract":"Many sources track aspects of PTAB outcomes, but none have specifically analyzed CBM outcomes at both the institution and final decision stages by ground. Practitioners, policymakers, patentees, and petitioners can benefit from an empirical analysis of outcomes. Our study analyzes CBM outcomes according to the basis for the challenge and examines whether the Supreme Court’s ruling in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S.Ct. 2347 (2014) (Alice) makes § 101 grounds more popular in CBM petitions. We also investigate the effect of Alice on CBM petition filing and success. We determined that there were more § 101 challenges in CBM filings post-Alice.","PeriodicalId":372904,"journal":{"name":"Northwestern Journal of Technology and Intellectual Property","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114341587","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Angel on Your Shoulder: Prompting Employees to Do the Right Thing Through the Use of Wearables","authors":"Timothy L. Fort, Anjanette Raymond, Scott J. Shackelford","doi":"10.2139/SSRN.2661069","DOIUrl":"https://doi.org/10.2139/SSRN.2661069","url":null,"abstract":"The wearable revolution is upon us. Bulky chest straps and large wristbands are going the way of flip cellphones and floppy disks. In the near future, for example, it may be commonplace for athletes to wear Biostamps or smart T-shirts with embedded sensors during practices, games, and even sleep. And while athletic competitors may have been one of the first movers in the area, health care, the military, and the industrial sector have all begun to use wearables to harness vast treasure troves of information destined to provide highly individualized feedback. The possibilities are almost endless when such personal information is combined with big data analytics in the name of improving large-scale efficiency.Interestingly, employers were one of the first movers in the wearable revolution. Yet, other than basic tracking of people and goods, there is still a tremendous potential for expansion. What if wearables could be harnessed to assist employees in avoiding conflict of interests? What if wearables could assist employees in identifying ethical dilemmas and could then prompt them to consider alternative courses of action? What if the wearable evolution became an ethical revolution?But the drawbacks of using wearables in such a manner must also be critically analyzed. This Article takes this step by exploring the use of wearables as personal information gathering devices that feed into larger data sets. It then considers some of the legal and policy implications of the use and aggregation of data in such a manner and ultimately makes suggestions for bottom-up baseline regulation. Ultimately, we argue for the desirability of leveraging this emerging technology, subject to privacy and security safeguards, to help drive an ethical revolution in business cultures.","PeriodicalId":372904,"journal":{"name":"Northwestern Journal of Technology and Intellectual Property","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125105429","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Press Clause and 3D Printing","authors":"J. Tran","doi":"10.31228/osf.io/eg9rs","DOIUrl":"https://doi.org/10.31228/osf.io/eg9rs","url":null,"abstract":"Judges and scholars have argued that the “freedom...of the press” not only protects the press as an industry, but also protects the use of the printing press and its modern equivalents as a technology. This paper argues that the Constitution’s Framers intentionally used the phrase “the press,” rather than “journalism” or “communication” in the Press Clause, to protect technologies unknown at the time, which include the 3D printer — the modern equivalent of the printing press.","PeriodicalId":372904,"journal":{"name":"Northwestern Journal of Technology and Intellectual Property","volume":"335 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115395570","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"3D Printing: Digital Infringement & Digital Regulation","authors":"Tabrez Y. Ebrahim","doi":"10.2139/SSRN.2601460","DOIUrl":"https://doi.org/10.2139/SSRN.2601460","url":null,"abstract":"3D printing is a rapidly-growing technology that enables creating of three-dimensional solid objects made from a digital CAD file. Patent law issues are particularly relevant and also uncertain still in the realm of 3D printing. Thus, analysis of the Patent Act is needed to better understand direct infringement (of either the use of a 3D printer, of a CAD file, or under the doctrine of equivalents), indirect infringement, and contributory infringement in the context of 3D printing. A key issue in this analysis is whether a CAD file should be viewed as making the object itself, since 3D printing involves creation of CAD files that can print the physical object in an instant press of a button. Since the line between the digital and physical world is being blurred by 3D printing on a mass scale, it makes sense to develop new regulations and reform existing ones. Moreover, digital regulation must address cross border digital commerce since separate steps of the 3D printing value chain be easily performed in multiple countries or by multiple actors, and easily transmitted across borders.","PeriodicalId":372904,"journal":{"name":"Northwestern Journal of Technology and Intellectual Property","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128034882","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Lawful Hacking: Using Existing Vulnerabilities for Wiretapping on the Internet","authors":"S. Bellovin, M. Blaze, Sandy Clark, S. Landau","doi":"10.2139/SSRN.2312107","DOIUrl":"https://doi.org/10.2139/SSRN.2312107","url":null,"abstract":"For years, legal wiretapping was straightforward: the officer doing the intercept connected a tape recorder or the like to a single pair of wires. By the 1990s, though, the changing structure of telecommunications — there was no longer just “Ma Bell” to talk to — and new technologies such as ISDN and cellular telephony made executing a wiretap more complicated for law enforcement. Simple technologies would no longer suffice. In response, Congress passed the Communications Assistance for Law Enforcement Act (CALEA), which mandated a standardized lawful intercept interface on all local phone switches. Technology has continued to progress, and in the face of new forms of communication — Skype, voice chat during multi-player online games, many forms of instant messaging, etc.— law enforcement is again experiencing problems. The FBI has called this “Going Dark”: their loss of access to suspects’ communication. According to news reports, they want changes to the wiretap laws to require a CALEA-­like interface in Internet software. CALEA, though, has its own issues: it is complex software specifically intended to create a security hole — eavesdropping capability — in the already-­complex environment of a phone switch. It has unfortunately made wiretapping easier for everyone, not just law enforcement. Congress failed to heed experts’ warnings of the danger posed by this mandated vulnerability, but time has proven the experts right. The so-­called “Athens Affair”, where someone used the built-­in lawful intercept mechanism to listen to the cell phone calls of high Greek officials, including the Prime Minister, is but one example. In an earlier work, we showed why extending CALEA to the Internet would create very serious problems, including the security problems it has visited on the phone system.In this paper, we explore the viability and implications of an alternative method for addressing law enforcement's need to access communications: legalized hacking of target devices through existing vulnerabilities in end-­user software and platforms. The FBI already uses this approach on a small scale; we expect that its use will increase, especially as centralized wiretapping capabilities become less viable.Relying on vulnerabilities and hacking poses a large set of legal and policy questions, some practical and some normative. Among these are:• Will it create disincentives to patching?• Will there be a negative effect on innovation? (Lessons from the so-­called “Crypto Wars” of the 1990s, and, in particular, the debate over export controls on cryptography, are instructive here.)• Will law enforcement’s participation in vulnerabilities purchasing skew the market?• Do local and even state law enforcement agencies have the technical sophistication to develop and use exploits? If not, how should this be handled? A larger FBI role?• Should law enforcement even be participating in a market where many of the sellers and other buyers are themselves criminals?• What ha","PeriodicalId":372904,"journal":{"name":"Northwestern Journal of Technology and Intellectual Property","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128049841","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Finding Privacy in a Sea of Social Media and Other E-Discovery","authors":"Allyson Haynes Stuart","doi":"10.2139/SSRN.2307722","DOIUrl":"https://doi.org/10.2139/SSRN.2307722","url":null,"abstract":"This article looks at the case law governing discovery of social media, and finds several problems. First, many courts are improperly requiring a threshold showing that relevant information exists in public portions of the user’s social media account before allowing such discovery. Second, they allow overbroad discovery, often requiring a litigant to turn over its username and password to the other party. At the same time, parties are seeking such information directly from social media sites, attempting an end-run around the relevancy requirement and increasing motion practice. The article argues that, instead, social media discovery should be treated like other party-driven discovery where litigants are entitled to request relevant information that exists on social media accounts and are in turn responsible for providing that information just as they would other discovery in their possession, custody or control. There is a promising new line of case law following that path. The article then looks more broadly at the emerging issue of privacy in e-discovery, and sets forth the existing methods of restricting undue attempts to invade that privacy. Finally, the article argues that the scope of e-discovery dictates a new look at the way our discovery rules protect privacy, and finds encouragement in the latest proposed amendments to Fed. R. Civ. P. 26(b)(1) to limit the scope of discovery based on proportionality and relevance to existing claims and defenses.","PeriodicalId":372904,"journal":{"name":"Northwestern Journal of Technology and Intellectual Property","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122881899","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Trademark Dilution in Japan","authors":"Kenneth L. Port","doi":"10.2139/SSRN.844189","DOIUrl":"https://doi.org/10.2139/SSRN.844189","url":null,"abstract":"Trademark dilution jurisprudence in Japan is in a state of confusion. In an otherwise highly rational, highly developed system, this scattered jurisprudence is unexpected. It may be that Japanese courts, much like American courts, are reticent to recognize the full scope of the dilution right or it may be that the cause of action is still too new. The confused status of Japanese trademark dilution law, however, is indicative of a judiciary that is at odds with the legislature. This scattered jurisprudence is not scattered because of a lack of technical skill by the judiciary. It is likely scattered for greater reasons: to rein in a right the judiciary sees as inconsistent with the purposes of trademark protection in Japan. This article directly addresses the paucity of trademark dilution cases in Japan. This article concludes that first, to be sure, there are probably more cases than get reported (although that number is probably negligible). Second, the statute is even more vague than most Japanese legislation and does not even use the word dilution. Japanese courts do not or cannot distinguish between fundamental elements of the cause of action. Third, the defensive trademark system, underutilized as it is, provides an alternative to dilution protection. Finally, the theoretical understanding of trademark law renders dilution claim superfluous. In the aggregate, the result is a system that is very unsure of the dilution cause of action. This lack of certainty may prevent some entities from recognizing and pursuing their rights under the statute. To be sure, the confused state of Japanese dilution protection clearly indicates that Japanese courts do not understand the cause of action or are reticent to apply it as it is written. Given the high degree of technical skill of Japanese judges, it is not likely that they are simply making serious errors when applying dilution law to any given set of facts.","PeriodicalId":372904,"journal":{"name":"Northwestern Journal of Technology and Intellectual Property","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126750449","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Copyright Unchained: How Blockchain Technology Can Change the Administration and Distribution of Copyright Protected Works","authors":"Sebastian Pech","doi":"10.2139/ssrn.3578311","DOIUrl":"https://doi.org/10.2139/ssrn.3578311","url":null,"abstract":"Blockchain technology is mainly discussed in connection with cryptocurrencies such as Bitcoin. However, blockchain is a multipurpose technology with many other potential applications. This article analyzes how blockchain technology can be used in relation to copyright, especially the administration and distribution of copyright protected works. It also examines the questions and challenges that may arise from such use. INTRODUCTION ................................................................................................................. 1 I. ISSUES IN THE CURRENT SYSTEM .............................................................................. 2 A. Lack of Reliable Information on Ownership ................................................... 2 B. Fragmentation of Ownership .......................................................................... 6 C. Lack of Transparency in Content Usage and Payments ................................. 7 D. Inequality in Revenue Distribution ................................................................. 7 E. Piracy .............................................................................................................. 8 II. BLOCKCHAIN TECHNOLOGY AS A POTENTIAL SOLUTION .......................................... 8 A. (Block-)Chain of Title: A Copyright Register on the Blockchain ................... 9 B. Smart Licenses: Transfer of Rights Through Smart Contracts ..................... 35 CONCLUSION .................................................................................................................. 49","PeriodicalId":372904,"journal":{"name":"Northwestern Journal of Technology and Intellectual Property","volume":"175 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133734789","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Extra-Judicial Decision-Making for Drug Safety and Risk Management: Evidence from the Fda","authors":"Hazel McMullin, Andrew B. Whitford","doi":"10.2139/SSRN.845811","DOIUrl":"https://doi.org/10.2139/SSRN.845811","url":null,"abstract":"This paper assesses the use and value of decision-making (or deliberative) teams in the form of advisory committees for regulation by the FDA. Our theoretical framework is common principles offered in organization theory for the design of such coordination mechanisms. Specifically, we examine the Drug Safety and Risk Management Advisory Committee (DSaRM) with regard to its composition and performance using standard criteria of effectiveness, efficiency, and fairness of deliberations.","PeriodicalId":372904,"journal":{"name":"Northwestern Journal of Technology and Intellectual Property","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130592228","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}