From the JTIP Blog: The Case for Data-Driven Billing in the Legal Profession

By: Kyle Stenseth

Volume 18, Issue 2 now available

IT IS TIME TO MOVE BEYOND THE ‘AI RACE’ NARRATIVE: WHY INVESTMENT AND INTERNATIONAL COOPERATION MUST WIN THE DAY

By: Kimberly A. Houser & Anjanette H. Raymond

THE INTERNET ARCHIVE’S NATIONAL EMERGENCY LIBRARY: IS THERE AN EMERGENCY FAIR USE SUPERPOWER?

By: Aaron Schwabach

YOU BELONG WITH ME: RECORDING ARTISTS’ FIGHT FOR OWNERSHIP OF THEIR MASTERS

By: Ann Herman

REBOOTING BAKER V. SELDEN IN ORACLE V. GOOGLE

By: Ann Defranco

The Green Tech Patent Boom and Bust: Getting it Back on the Fast-Track

By: Melissa Hurtado

IT IS TIME TO MOVE BEYOND THE ‘AI RACE’ NARRATIVE: WHY INVESTMENT AND INTERNATIONAL COOPERATION MUST WIN THE DAY

By: Houser, Kimberly A, Raymond, Anjanette H | March 18, 2021

The United States has entered into technology races before, often with great success, for example, the moon landing. Yet, most of these successes were accomplished with local knowledge, even if the impact was global. Fifth Generation Cellular Wireless (5G), the Internet of Things (IoT), and Artificial Intelligence (AI) are simply incapable of being fully cultivated in the same local environment; thus, we must understand these technologies within the context of a global community. However, current U.S. policy and the absence of cooperation amongst countries are leaving the technology ecosystem to operate in a competitive, war-like environment. 5G, IoT, and AI—as part of a highly connected digital community—demand we consider each within a critical infrastructure framework, focusing on its place in a global environment. To accomplish this, we must think in cooperative mindsets, with a focus of investment, frameworks, and communities of trust, which create and progress ideas for the betterment of mankind. This paper seeks to explore how the current AI race paradigm must be discarded and the necessary changes needed to create a framework to advance the responsible development of AI. Focusing on the immediate and long term needs of the technology ecosystem, with an emphasis on cooperation in investment and standards, the paper will explain the importance of 5G and AI in the context of global communications; will then explain why coordinated investment and standards are necessary; will return the focus to ethical considerations with global communities as key stakeholders; and will finally set out a brief series of recommendations for immediate and long term investment and guidelines.

THE INTERNET ARCHIVE’S NATIONAL EMERGENCY LIBRARY: IS THERE AN EMERGENCY FAIR USE SUPERPOWER?

By: Schwabach, Aaron | March 22, 2021

On March 24, 2020, the Internet Archive announced that it would create a National Emergency Library offering no-waitlist borrowing of all of the books in its collection. In effect, this allowed unlimited, if temporary, downloads of copyrighted works. The National Emergency Library was presented as a response to the current national and global public health crisis; however, nothing in either the Copyright Act, 17 U.S.C. § 108 or the aspirational documents of ControlledDigitalLending.org provides a legal basis for a library to lend out more copies of a work at one time than it actually owns. Nor does the case law support an “emergency exception” to copyright law.

The only possible legal justification for no-waitlist lending is fair use under 17 U.S.C. § 107. This Article discusses the statutory and case law governing online libraries, with special attention to two related cases on fair use and online libraries: Authors Guild, Inc. v. HathiTrust and Authors Guild, Inc. v. Google, Inc. Ultimately neither the case law nor the language of the statute itself supports the National Emergency Library’s no-waitlist policy, and this Article concludes that no-waitlist e-book lending is, at least in the case of copyrighted works otherwise readily available and whose authors have not granted permission for the copying, in violation of the Copyright Act.

REBOOTING BAKER V. SELDEN IN ORACLE V. GOOGLE

By: Defranco, Ann | March 18, 2021

With the Supreme Court poised to rule on Oracle v. Google, the long-running suite of cases involving the copyrightability and fair use of a software interface called an API, the case typifies the difficult fit of copyright protection to software. This Note takes a close look at the code at issue and argues that the nature of software innovation is better suited to patent protection: object-oriented code, such as the Java language at issue in this case, evolves through a process of copying and tweaking, or in coding terms, modularity, abstraction, and inheritance. Thus, an IP regime which allows for such evolution (namely, patent) encourages such innovation whereas copyright, with its broad exclusive rights over derivative works, does not. The ill fit of the copyright regime is also exemplified by the carving out of copyright-free (“copyleft”) spaces where coders and software innovation thrive. Nor do the concerns motivating copyright protection of protecting creative expression make sense in software development, where the goals are efficiency, productivity, and readability of the code. Thus, the Supreme Court should return to the principles of Baker v. Selden and plant the boundary marker keeping § 102(b) functionality on the patent side of copyright-patent boundary.

Journal of Technology and Intellectual Property Tweets

The Case for Data-Driven Billing in the Legal Profession

April 23, 2021

To clients, legal billing can seem “like a black box.” Many clients worry about lawyers overstating their billable hours (“bill padding”) or charging exorbitant hourly rates. By using data analytics to optimize legal billing (“data-driven billing”), law firms can stand out from their competitors and win more business.  1 – Problems that Exist in Legal […]