Suchergebnisse

The advent of the Internet, combined with advances in accessible digital technology, have altered both the modern photographer's methodologies and the public's relationship to images online. Subsequent legislation has not evolved at a comparable pace, leaving copyright owners at a significant disadvantage when it comes to protecting their work in the digital environment. This comment specifically looks at the copyright registration process and subsequent legislation such as the Digital Millennium Copyright Act, which has failed to adequately address the copyright owner's insurmountable burden when it comes to detecting infringement online. Continuing developments such as the integration of blockchain-based technology into the registration process may be the most effective method to assist copyright owners in monitoring and protecting their work online, bringing the outdated system current.

In 2016, Melania Trump recited a beautiful speech at the Republican National Convention that had portions which sounded exactly like a speech given by Michelle Obama at the Democratic National Convention in 2008. Mrs. Trump feigned ignorance of the 2008 DNC speech, and essentially the speech was superseded by another news story within a week. While some critics claim plagiarism, Mrs. Obama could have a potential copyright infringement claim against Mrs. Trump based on the context of the speech, the actual portions lifted from Mrs. Obama's speech, and the doctrine of subconscious copying. This article first examines the elements Mrs. Obama would need to prevail on a copyright infringement claim, discusses the judicially-created subconscious copying doctrine, and explains the relevant defenses to the subconscious copying doctrine. This article next analyzes the infringement action against Mrs. Trump and how subconscious copying plays an important role in the case. Finally, this article proposes that the subconscious copying doctrine be extended to political speech.

"A or B" is inconsistent with "A not B." This describes why the application of 35 U.S.C. § 101 by the U.S. Supreme Court is inconsistent with the U.S. Constitution, and thus unconstitutional. This article tracks the legislative history of patent eligibility from 1790 to 2011, and the parallel but inconsistent U.S. Supreme Court case law during this period. In following its own case law, the Court has shown extraordinary judicial activism, has penciled out two words of the federal statute ("or discovers"), and has penciled a word out of the U.S. Constitution ("discoveries").

The advent of the Internet, combined with advances in accessible digital technology, have altered both the modern photographer's methodologies and the public's relationship to images online. Subsequent legislation has not evolved at a comparable pace, leaving copyright owners at a significant disadvantage when it comes to protecting their work in the digital environment. This comment specifically looks at the copyright registration process and subsequent legislation such as the Digital Millennium Copyright Act, which has failed to adequately address the copyright owner's insurmountable burden when it comes to detecting infringement online. Continuing developments such as the integration of blockchain-based technology into the registration process may be the most effective method to assist copyright owners in monitoring and protecting their work online, bringing the outdated system current.

Science is facing a fundamental turning point of its history. Never as in this historical moment it appears giant and powerful, but at the same time it shows high fragility: the concentration of information control power in the hands of few commercial groups, the iniquity of a system that benefits developed countries, the restriction of academic autonomy by political and economic power, the precariousness of working conditions of young researchers, the increase in the number of cases of scientific fraud and misconduct, the questioning of its authority by a portion of the public. Can openness be understood as a system capable of strengthening science and treating the diseases that afflict it?