Pittsburgh Journal of Technology Law and Policy (University of Pittsburgh)
Not a member yet
177 research outputs found
Sort by
Is It Time to Revisit Trademark Misuse?
Get PDFIn the recent cases ofGeorgia-Pacific Consumer Products, L.P. v. Von Drehle Corporation and Georgia-Pacific Consumer Products, L.P. v. Myers Supply, Inc., Georgia-Pacific tried to use its trademarks to establish a tying relationship between its paper towels and its paper towel dispensers. This article reviews these cases by posing a hypothetical situation and then giving the reader a review of trademark basics, the doctrine of contributory trademark infringement, antitrust considerations, and IP misuse. The article then offers a revised trademark misuse test, and relooks at the Georgia-Pacific cases using this revised trademark misuse test
Playing Legislative Catch-up in 2010 with a Growing, High-Tech Phenomenon: Evolving Statutory Approaches for Addressing Teen Sexting
Get PDFThis article analyzes and critiques legislation adopted by states in 2010 to address the burgeoning phenomenon of teen sexting. Sixteen different states in 2010, stretching from California to New York, considered bills or resolutions designed to address, in one manner or another, teen sexting. By early November 2010, sexting bills had been signed into law by the governors of Arizona, Connecticut, Illinois and Louisiana. To illustrate the differences, as well as the strengths and weaknesses among the new sexting laws, the article applies each of them to the facts of realistic sexting scenario. Significantly, this analysis of the laws through the lens of hypothetical fact pattern reveals that the low-tech, downstream transmission of hard copies of sexual images of minors – images that were initially transmitted by cell phones by minors – appears to escape the reach of all of the 2010 sexting laws. The article argues that this gap or loophole in the new laws should be addressed by amending them. Ultimately, the article demonstrates a distinct lack of uniformity across the sexting statutes adopted in 2010. For instance, even when it comes to what would appear to be the most objective element of the offense of sexting – the maximum age of the possible perpetrator – there is disagreement. Such disparity creates an uneven patchwork of legislation that fails to give minors proper notice of what sexting activities are permissible
Google Street View: Walking the Line of Privacy-Intrusion upon Seclusion and Publicity Given to Private Facts in the Digital Age
Get PDFOn a snowy evening, a man hears of a new restaurant opening in a distant suburb of his metropolis and looks for driving directions to take his significant other out for a romantic evening. He opens Google and conducts a driving direction search. As they have never been to the location, and as the weather is not optimal, they check the layout of the roads in order to alleviate safety concerns through Google\u27s Street View Program.1 They click on the images nextto the proposed turns and see a picture of a man walking with a woman at the intersection. Later it is disclosed in the news that this individual is a high-ranking government official and the woman is not his wife, but his mistress.2 In another image, a smoker is lounging in the background, hiding his addiction from his family and friends.3 With another click of the mouse he sees sunbathers sitting on top of the roof of a building, enjoying the warm summer day as well as the seeming privacy and anonymity of their rooftop abode
Mural Rights: Establishing Standing for Communities Under American Moral Rights Laws
Get PDFThe origins of mural art have been traced back more than 30,000 years, evidenced by prehistoric images of animals found painted on the walls of the Chauvet Cave in Southern France.1 Throughout history, murals have been employed by man to tell stories and to convey artistic expression. The Ajanta Caves in Maharashtra, India, date back to the third century B.C. and contain intricate mural art depicting the Jataka stories.2 The San Bartolo murals in Guatemala were created in the first century B.C. and represent an important part of Mayan history.3 The significance of mural art still exists in society today and remains an effective way of communicating expression to a large, public audience. Public murals create accessible artistic expression for the enjoyment of all classes of people, help to define urban neighborhoods and offer aesthetic relief from blight and abandonment
Prohibition’s Pending Demise: Internet Gambling & United States Policy
Get PDFIn this article, I posit that the United States is on the verge of a dramatic transformation with respect to its Internet gambling policy. Because of a sudden, renewed interest in harnessing online gambling profits for state benefit due to the current recession, there is a pressing and significant need for information about online gambling. This article provides an overview of the history of United States policy with respect to gambling, and illustrates the factors that must be met if widespread policy change is to succeed
Bringing the Question of Chinese IPR Enforcement to the WTO Under TRIPS: An Effective Strategy or a Meaningless and Overused Tactic by the U.S.?
Get PDFChina has had a long history of high levels of piracy and counterfeiting. Leaders of China’s Food and Drug Administration have confessed that their pharmaceutical market is immersed in fake and deadly drugs.1 In addition, DVD’s and VCD’s 2 containing pirated versions of Chinese and foreign films or television series are easily found in China’s major cities.3 Since China is the world’s fastest growing economy and the contributor of the largest trade deficit to the United States (U.S.) (U.S. $268 billion in 2008), 4 it is no surprise that the issue of Intellectual Property Right (IPR) counterfeiting and piracy are of national interest to the U.S.
Sources of Law and Modes of Governance: Ethnography and Theory in Second Life
No full textBelgian police began patrolling Second Life, the virtual world, in early 2007, responding to a claim of virtual rape.[1] Few crimes evoke as much social revulsion and emotional harm as the powerful forcing themselves on the weak. But does it make sense to talk about an avatar-on-avatar sexual misconduct in familiar terms (i.e., sexual assault and rape)? Is it punishable? Who should take care of the punishing? [1] Benjamin Duranske, Reader Roundtable: “Virtual Rape” Claim Brings Belgian Police to Second Life, Virtually Blind, Apr. 24, 2007, http://virtuallyblind.com/2007/04/24/open-roundtable-allegations-of-virtual-rape-bring-belgian-police-to-second-life/
