Academic Writing

Tiny Salespeople: Mediated Transactions and the Internet of Things

Author(s): 
Ryan Calo
Publication Date: 
September 1, 2013
Publication Type: 
Academic Writing

Supreme Court Justice Samuel Alito wanted to dramatize how hard GPS surveillance would be for our nation’s founders to envision. It would take a “very tiny constable,” he noted in concurrence with the majority in United States v. Jones, “with incredible fortitude and patience” to stow away on a stage coach and monitor its owner’s movements.

Digital Market Manipulation

Author(s): 
Ryan Calo
Publication Date: 
August 13, 2013
Publication Type: 
Academic Writing

Jon Hanson and Douglas Kysar coined the term “market manipulation” in 1999 to describe how companies exploit the cognitive limitations of consumers. Everything costs $9.99 because consumers see the price as closer to $9 than $10. Although widely cited by academics, the concept of market manipulation has had only a modest impact on consumer protection law.

Urban Guerrilla & Piracy Surveillance: Accidental Casualties in Fighting Piracy in P2P Networks in Europe

Author(s): 
Giancarlo Frosio
Publication Date: 
January 1, 2011
Publication Type: 
Academic Writing
Copyright law is facing its biggest challenge yet as it copes with technological development and an increasingly global information market. The advent of peer-to-peer networks has multiplied the threat to the peaceful enjoyment of copyrights and made any user a potential infringer. Nonetheless, copyright holders, in targeting those users, have greatly impinged on the users' fundamental rights, in particular the right to privacy.
 

Fair Use for the Rich and Fabulous?

Author(s): 
Tim Greene
Publication Date: 
July 30, 2013
Publication Type: 
Academic Writing

In two recent decisions concerning copyright’s fair use doctrine, the Second Circuit addressed the lawfulness of incorporating one creative work into a new one. In both Cariou v Prince and Salinger v Colting, US District Judge Deborah Batts enjoined similar activity using nearly identical reasoning. But on appeal, the Second Circuit found fair use in the former and likely infringement in the latter.

Understanding Trademark Strength

Author(s): 
Tim Greene
Publication Date: 
July 7, 2013
Publication Type: 
Academic Writing

Trademark strength, properly understood, refers to the scope of protection afforded a trademark by courts based on that mark’s inherent and acquired: (1) tendency to signify to consumers a consistent source of the products to which the mark is affixed; and (2) ability to influence a consumer’s purchasing decisions. The stronger the mark, the more uses the mark’s owner may exclude from the marketplace through a trademark infringement or dilution action.

Obscurity by Design

Author(s): 
Woodrow Hartzog
Publication Date: 
June 24, 2013
Publication Type: 
Academic Writing

Design-based solutions to confront technological privacy threats are becoming popular with regulators. However, these promising solutions have left the full potential of design untapped. With respect to online communication technologies, design-based solutions for privacy remain incomplete because they have yet to successfully address the trickiest aspect of the Internet — social interaction. This Article posits that privacy-protection strategies such as “Privacy by Design” face unique challenges with regard to social software and social technology due to their interactional nature.

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