This spring, JIPEL is proud to present our readers with five cutting edge pieces. From ongoing litigation challenging our intellectual property laws, to cutting edge technology doing the same, our Spring Edition covers both the forefront of the law and the forefront of human innovation challenging. In what follows, you will find a pieces that combine scrupulous legal reasoning with… read more
Barton Beebe* and Jeanne C. Fromer** Download a PDF version of this article, including the appendices, here.
Download a PDF version of this article here. Simon J. Frankel and Ethan Forrest* Two recent decisions from the Federal Circuit in the long-running litigation between Oracle and Google have upended the scope of copyright protection afforded to software. In both decisions, the court weighed in heavily on the side of strong copyright protection, even protecting the relatively functional code… read more
Download a PDF version of this article here. Samantha Fink Hedrick* Artificial intelligence (AI) has often been viewed as either an ally or an adversary—a powerful analytical system to be harnessed or a source of risk to be managed. In copyright law, AI has been treated much the same way, with academic debates focused primarily on whether AI-generated works should… read more
Download a PDF version of this article here. Chloe L. Kaufman* Despite the commonly shared belief that Americans have an undeniable right to freedom of speech, private-sector employees receive no constitutional protection for employer regulations of or reactions to their speech and federal and state statutes provide extremely limited protections. Consequently, on-air professionals in the entertainment industry, including Curt Schilling,… read more
Download a PDF version of this article here. James Yang* The recent rise of virtual reality, augmented reality, and other related technologies has created vast amounts of virtual space. Within this space, novel forms of trademark infringement and expressive use may arise. This note categorizes the above-mentioned technologies under the umbrella term of “ virtual realism” and examines trademark infringement… read more