{"title":"Fall 2014 Table of Contents and Publication Information","authors":"S. Franklin","doi":"10.5195/TLP.2014.161","DOIUrl":"https://doi.org/10.5195/TLP.2014.161","url":null,"abstract":"","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114514577","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
When the worlds of bankruptcy and intellectual property licenses converge, licensees are placed in potentially dangerous positions. The seminal case on this issue, Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc. , stands for the proposition that when a licensor rejects an intellectual property license as "executory," the licensee no longer has the right to rely on provisions within the agreement with the debtor for continued use of the technology. To countermand the negative effects of Lubrizol , Congress amended the Bankruptcy Code, but intentionally omitted trademarks from the definition of intellectual property. This omission has produced a string of conflicting case law, leaving trademark licensees in a precarious position with few options for recourse. This Note discusses the Intellectual Property Bankruptcy Protection Act and trademark protection specifically, and details the circuit split created by Sunbeam Products, Inc. v. Chicago American Manufacturing . This Note focuses on the implications of the circuit split, and concludes by providing some suggestions for how courts can resolve this issue in the future.
当破产和知识产权许可的世界汇合时，被许可人被置于潜在的危险境地。Lubrizol Enterprises, Inc.诉Richmond Metal Finishers, Inc.这一具有重大意义的案例表明，当许可方拒绝将知识产权许可作为“可执行的”许可时，被许可方不再有权依靠与债务人协议中的条款继续使用该技术。为了消除路博润的负面影响，国会修改了《破产法》，但有意将商标从知识产权的定义中删除。这种遗漏产生了一系列相互冲突的判例法，使商标被许可人处于不稳定的地位，几乎没有追索权的选择。本文特别讨论了知识产权破产保护法和商标保护，并详细介绍了Sunbeam Products, Inc.诉Chicago American Manufacturing案的电路分裂。本文将重点讨论巡回法院分裂的影响，并就法院今后如何解决这一问题提出一些建议。
{"title":"Trademark Protection in Bankruptcy Proceedings: A Closer Look at Lubrizol and its Progeny","authors":"E. Vereen","doi":"10.5195/tlp.2014.156","DOIUrl":"https://doi.org/10.5195/tlp.2014.156","url":null,"abstract":"When the worlds of bankruptcy and intellectual property licenses converge, licensees are placed in potentially dangerous positions. The seminal case on this issue, Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc. , stands for the proposition that when a licensor rejects an intellectual property license as \"executory,\" the licensee no longer has the right to rely on provisions within the agreement with the debtor for continued use of the technology. To countermand the negative effects of Lubrizol , Congress amended the Bankruptcy Code, but intentionally omitted trademarks from the definition of intellectual property. This omission has produced a string of conflicting case law, leaving trademark licensees in a precarious position with few options for recourse. This Note discusses the Intellectual Property Bankruptcy Protection Act and trademark protection specifically, and details the circuit split created by Sunbeam Products, Inc. v. Chicago American Manufacturing . This Note focuses on the implications of the circuit split, and concludes by providing some suggestions for how courts can resolve this issue in the future.","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133344288","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Behavioral Recognition: Computer Algorithms Alerting Law Enforcement to Suspicious Activity","authors":"Jr. J Darwin King","doi":"10.5195/TLP.2014.159","DOIUrl":"https://doi.org/10.5195/TLP.2014.159","url":null,"abstract":"","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131124712","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Regulating Rideshare Without Stifling Innovation: Examining the Drivers, the Insurance \"Gap,\" and Why Pennsylvania Should Get on Board","authors":"Catherine Lee Rassman","doi":"10.5195/TLP.2014.158","DOIUrl":"https://doi.org/10.5195/TLP.2014.158","url":null,"abstract":"","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129110549","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Banks and other financial institutions have evolved along with e-commerce by enabling unfamiliar parties to transact around the globe with little to no risk. This service does not come without a price. Bitcoin was established as a more efficient way to securely transact online, removing the need for third-party financial institutions. The purpose of this Note is to highlight the potential of Bitcoin as a medium of exchange, making Internet transactions more flexible and affordable to all. The author analyzes Bitcoin’s current price volatility, highlighting a trend of Bitcoin-backed investments, and argues against any government action in support of these purely speculative and short-sited investment schemes. This Note expounds upon the major obstacles facing Bitcoin’s acceptance by mainstream commercial marketplaces. Most importantly, the author looks at future government intervention, and argues against any direct legislation on the Bitcoin system in order to allow for its growth and development.
{"title":"A Medium of Exchange for an Internet Age: How to Regulate Bitcoin for the Growth of E-Commerce","authors":"Jeremy Papp","doi":"10.5195/TLP.2014.155","DOIUrl":"https://doi.org/10.5195/TLP.2014.155","url":null,"abstract":"Banks and other financial institutions have evolved along with e-commerce by enabling unfamiliar parties to transact around the globe with little to no risk. This service does not come without a price. Bitcoin was established as a more efficient way to securely transact online, removing the need for third-party financial institutions. The purpose of this Note is to highlight the potential of Bitcoin as a medium of exchange, making Internet transactions more flexible and affordable to all. The author analyzes Bitcoin’s current price volatility, highlighting a trend of Bitcoin-backed investments, and argues against any government action in support of these purely speculative and short-sited investment schemes. This Note expounds upon the major obstacles facing Bitcoin’s acceptance by mainstream commercial marketplaces. Most importantly, the author looks at future government intervention, and argues against any direct legislation on the Bitcoin system in order to allow for its growth and development.","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133378186","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Introduction: Realizing the Potential of the Tech Economy as a Driver of Equitable Growth","authors":"William Peduto","doi":"10.5195/tlp.2014.157","DOIUrl":"https://doi.org/10.5195/tlp.2014.157","url":null,"abstract":"","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121142843","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
China has a notorious reputation for infringing on intellectual property, especially copyrights. Despite making substantial improvements in its copyright laws over the years, China continues to be haunted by this reputation. But is it really true? By analyzing China’s Copyright Law, this piece explores whether the assumption that China is a notorious infringer is valid. By comparing the copyright laws of the United States to those of China, and by comparing the number of litigated copyright cases that have recently occurred in both countries, this Article concludes that unfortunately Chinese citizens are still severely infringing on international copyrights. Such infringement harms not only foreign copyright owners, but Chinese citizens as well. Notwithstanding this dire conclusion, there is still hope. This paper posits three possible resolutions to help cure China’s reputational ills and weighs each solution's effectiveness.
{"title":"China vs. United States: A Cosmopolitan Copyright Comparison","authors":"A. Rosen","doi":"10.5195/TLP.2014.154","DOIUrl":"https://doi.org/10.5195/TLP.2014.154","url":null,"abstract":"China has a notorious reputation for infringing on intellectual property, especially copyrights. Despite making substantial improvements in its copyright laws over the years, China continues to be haunted by this reputation. But is it really true? By analyzing China’s Copyright Law, this piece explores whether the assumption that China is a notorious infringer is valid. By comparing the copyright laws of the United States to those of China, and by comparing the number of litigated copyright cases that have recently occurred in both countries, this Article concludes that unfortunately Chinese citizens are still severely infringing on international copyrights. Such infringement harms not only foreign copyright owners, but Chinese citizens as well. Notwithstanding this dire conclusion, there is still hope. This paper posits three possible resolutions to help cure China’s reputational ills and weighs each solution's effectiveness.","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127084653","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Throwing New Flags: Should There Be Criminal Sanctions or a Better Chance of Civil Sanctions for Lawyers or Service Providers Who Breach Confidentiality?","authors":"Lea L. Lach","doi":"10.5195/TLP.2014.147","DOIUrl":"https://doi.org/10.5195/TLP.2014.147","url":null,"abstract":"","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117280621","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
“Space: The Final Frontier.” While that phrase has been a call to arms for generations of science fiction fans and space enthusiasts to look up at the night sky in wonder and amazement, it has increasingly become a siren call for private space pioneers. Since man first went to space, humankind has been pushing the boundaries of experimentation, research, and exploration into the cosmos. Even though Earth’s supply of certain rare and precious metals may be reaching depletion, researchers have found that asteroids are likely to contain vast quantities of these resources. Today, several companies are attempting to tap into this potential wealth of resources for use, both on Earth and in space. Before these companies can begin mining, however, stronger property laws are needed to ensure the Asteroid Belt of our solar system is not described as the next California Gold Rush. This Article argues that the international community must be united on the policies and customs surrounding property ownership in space so these mining operations can be performed in a peaceful and safe manner.
{"title":"Mining the Final Frontier: Keeping Earth's Asteroid Mining Ventures from Becoming the Next Gold Rush","authors":"Matthew Feinman","doi":"10.5195/TLP.2014.140","DOIUrl":"https://doi.org/10.5195/TLP.2014.140","url":null,"abstract":"“Space: The Final Frontier.” While that phrase has been a call to arms for generations of science fiction fans and space enthusiasts to look up at the night sky in wonder and amazement, it has increasingly become a siren call for private space pioneers. Since man first went to space, humankind has been pushing the boundaries of experimentation, research, and exploration into the cosmos. Even though Earth’s supply of certain rare and precious metals may be reaching depletion, researchers have found that asteroids are likely to contain vast quantities of these resources. Today, several companies are attempting to tap into this potential wealth of resources for use, both on Earth and in space. Before these companies can begin mining, however, stronger property laws are needed to ensure the Asteroid Belt of our solar system is not described as the next California Gold Rush. This Article argues that the international community must be united on the policies and customs surrounding property ownership in space so these mining operations can be performed in a peaceful and safe manner.","PeriodicalId":185385,"journal":{"name":"Pittsburgh Journal of Technology Law & Policy","volume":"41 10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113936846","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：