Articles

Social Media Privacy: A Dozen Myths and Facts

Lothar Determann

Social networks and media are one of the latest frontiers for lawyers, lawmakers, politicians, entrepreneurs and academics. No one seems to claim that social media is the final frontier or even a particularly revolutionary frontier. After all, media and social networks have been around for thousands of years in one form or another. But, most are genuinely fascinated with the new opportunities, risks, and questions presented by the recent rapid rise of novel technology platforms that allow people all over the world to connect and communicate in new ways.... Read more about Social Media Privacy: A Dozen Myths and Facts

  • July 10, 2012
  • Stan. Tech. L. Rev. 7

The Year in "First Amendment Architecture"

Marvin Ammori

2011’s “Person of the Year,” according to Time Magazine, was “The Protestor.” That year, protestors across the world led and persisted through the historic Arab Spring. From Tunisia to Egypt and beyond, these protestors may have spawned a democratic awakening in the Middle East. They took to physical spaces like Tahrir Square in Cairo and to virtual spaces on Facebook and Twitter to express their dissent and assemble against undemocratic regimes.... Read more about The Year in "First Amendment Architecture"

  • July 10, 2012
  • Stan. Tech. L. Rev. 6

Coding Creativity: Copyright and the Artificially Intelligent Author

Annemarie Bridy

For more than a quarter century, interest among copyright scholars in the question of AI authorship has waxed and waned as the popular conversation about AI has oscillated between exaggerated predictions for its future and premature pronouncements of its death. For policymakers, the issue has sat on the horizon, always within view but never actually pressing. To recognize this fact, however, is not to say that we can or should ignore the challenge that AI authorship presents to copyright law’s underlying assumptions about creativity.... Read more about Coding Creativity: Copyright and the Artificially Intelligent Author

  • March 29, 2012
  • Stan. Tech. L. Rev. 5

A Neurological Foundation for Freedom

Nita Farahany

Few people have read or watched the film adaptation of The Diving Bell and the Butterfly without proclaiming it a triumph of human will. Jean-Dominique Bauby authored the original memoir after suffering a major stroke that left him paralyzed from head to toe with minor exception, but with his mental capacities intact. He did so through a novel form of dictation. Slowly and repeatedly a transcriber recited a French language frequency-ordered alphabet, to which Bauby communicated his story through the blinks of his one working eye.... Read more about A Neurological Foundation for Freedom

  • February 14, 2012
  • Stan. Tech. L. Rev. 4

Patent Litigation and the Internet

John R. Allison
Emerson H. Tiller
Samatha Zyontz
Tristan Bligh

Patent infringement litigation has not only increased dramatically in frequency over the past few decades, but also has also seen striking growth in both stakes and cost. Although a relatively rich literature has added much to our understanding of the nature, causes, and consequences of patent litigation during the past two decades, many interesting questions remain inadequately addressed.... Read more about Patent Litigation and the Internet

  • February 14, 2012
  • Stan. Tech. L. Rev. 3

The Role of Consumers in Deterring Settlement Agreements Based on Invalid Patents: The Case of Non-Practicing Entities

Stijepko Tokic

According to an often-cited study on the number of invalidated patents, nearly half of litigated patents were held invalid. Moreover, a new study published in March of 2011 has found that even the “most-litigated” patents, defined as patents that have been litigated eight or more times, fare very poorly in patent litigation. Perhaps not surprisingly, nearly 70% of merit-based losses in the most-litigated patent cases are due to findings of invalidity of the repeat plaintiffs’ patents. This data is particularly interesting in light of the current debate about non-practicing en... Read more about The Role of Consumers in Deterring Settlement Agreements Based on Invalid Patents: The Case of Non-Practicing Entities

  • January 9, 2012
  • Stan. Tech. L. Rev. 2

The Giants Among Us

Tom Ewing
Robin Feldman

The patent world is quietly undergoing a change of seismic proportions. In a few short years, a handful of entities have amassed vast treasuries of patents on an unprecedented scale. To give some sense of the magnitude of this change, our research shows that in a little more than five years, the most massive of these has accumulated 30,000-60,000 patents worldwide, which would make it the 5th largest patent portfolio of any domestic US company and the 15th largest of any company in the world.... Read more about The Giants Among Us

  • January 9, 2012
  • Stan. Tech. L. Rev. 1

The 10 Year Anniversary of the FTC’s Data Security Program

David Alan Zetoony

An online company provides products to individuals and small businesses. Like most online companies, it collects various types of information from its customers such as email addresses for notifications, mailing addresses for product shipment, and credit and debit card numbers for payment.... Read more about The 10 Year Anniversary of the FTC’s Data Security Program

  • December 27, 2011
  • Stan. Tech. L. Rev. 12

Probabilistic Knowledge of Third-Party Trademark Infringement

Mark P. McKenna

This essay views secondary trademark liability in light of tort law’s treatment of parties whose actions expose a plaintiff to third-party wrongdoing.  Broadly speaking, tort law imposes liability on a party for contributing to the tortious activity of another in two different ways. In vicarious and accomplice liability cases, courts impose on defendants the same liability to which the direct tortfeasors would have been subject, had they been defendants. If, for example, the third-party wrongdoer was a batterer, then the defendant is liable for battery.... Read more about Probabilistic Knowledge of Third-Party Trademark Infringement

  • October 16, 2011
  • Stan. Tech. L. Rev. 10

Why the Reasonable Anticipation Standard Is the Reasonable Way to Assess Contributory Trademark Liability in the Online Marketplace

David H. Bernstein
Michael R. Potenza

Trafficking in counterfeit and trademark-infringing goods is a widespread and serious problem, particularly in online marketplaces that provide a forum where third parties, with relative anonymity and at limited cost, can ply their trade.  Fortunately, the law has long provided a fair, balanced standard for determining when a party can be held liable for contributing to the infringing actions of another.  In Inwood Laboratories, Inc. v.... Read more about Why the Reasonable Anticipation Standard Is the Reasonable Way to Assess Contributory Trademark Liability in the Online Marketplace

  • September 23, 2011
  • Stan. Tech. L. Rev. 9

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