The FTC and the New Common Law of Privacy
Also available for download from SSRN. Daniel J. Solove George Washington University Law School Woodrow Hartzog Samford University - Cumberland School of Law;…
Academic Writing
Digital Market Manipulation
Jon Hanson and Douglas Kysar coined the term “market manipulation” in 1999 to describe how companies exploit the cognitive limitations of consumers. Everything…
Urban Guerrilla & Piracy Surveillance: Accidental Casualties in Fighting Piracy in P2P Networks in Europe
Copyright law is facing its biggest challenge yet as it copes with technological development and an increasingly global information market. The advent of peer-t…
Fair Use for the Rich and Fabulous?
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.…
Understanding Trademark Strength
Trademark strength, properly understood, refers to the scope of protection afforded a trademark by courts based on that mark’s inherent and acquired: (1) tenden…
What’s a Name Worth?: Experimental Tests of the Value of Attribution in Intellectual Property
Full article available from Boston University Law Review. Despite considerable research suggesting that creators value attribution – that is, being named as th…
Obscurity by Design
Design-based solutions to confront technological privacy threats are becoming popular with regulators. However, these promising solutions have left the full pot…
Armed Military Robots: Editorial
Altmann, J., P. Asaro, N. Sharkey, and R. Sparrow (2013). “ Armed Military Robots: Editorial,” Ethics and Information Technology 15 (2), June 2013, pp. 73-76.…
The Fight to Frame Privacy
The Michigan Law Review recently published “The Fight to Frame Privacy,” Woodrow Hartzog's book review of Daniel Solove’s “Nothing to Hide: The False Tradeo…
Of Trademarks and Brands
"As Stacey Dogan noted in her recent review of Bob Bone’s Taking the Confusion Out of “Likelihood of Confusion”: Toward a More Sensible Approach to Tradema…
The Labor of Surveillance and Bureaucratized Killing: New Subjectivities of Military Drone Operators
As the military’s armed surveillance drones have become the iconic weapon of the early twenty-first century, they have also introduced radical transformations i…
Rediscovering Cumulative Creativity from the Oral Formulaic Tradition to Digital Remix: Can I Get a Witness?
For most of human history the essential nature of creativity was understood to be cumulative and collective. This notion has been largely forgotten by modern po…