Copyright Issues for AI and Deep Learning Services: A Comparison of U.S., South Korean, and Japanese Law

By: Seung Hoon Park

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

By: Kyle Stenseth

Volume 18, Issue 3 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

TECHNOCAPITAL@BIGLAW.COM

By: Green, Bruce A., Silver, Carole | May 30, 2021

The transformative potential of technology in legal practice is well recognized. But wholly apart from how law firms actually use technology is the question of what law firms say about how they use and relate to technology—in particular, how law firms communicate whether technology matters and has value in what they do. In the past, firms in the BigLaw category, especially at the top echelon, have grounded their reputations on the credentials and achievements of their lawyers. In this paper, we explore whether elite law firms use technology similarly by describing it as an additional tool of inter-firm competition—a sort of“technocapital” that wields power in the war for clients, talent, and reputation generally. Based on an in-depth review of the websites of fifty- one nationally recognized and highly ranked law firms, the article analyzes differences in how firms use tech as a means of promoting themselves. We found that elite law firms adopt one of three distinct approaches. The most prestigious firms generally refrain from making claims about technology that might undercut the preeminence of their lawyers. Rather, tech is simply one among many organizing themes for describing what their lawyers do, whether on behalf of an industry or with regard to particular legal issues arising in the course of legal representations. A second group of firms couples their description of work for tech clients and on tech matters with claims of expertise in harnessing technology to provide conventional legal services better and faster. Finally, a small subset of firms describe tech as transformative of their practices and identities, and integral to their claims of being innovators. These firms’ descriptions of tech reveal its role as a kind of capital being used to distinguish themselves both from traditional law firms and from new entrants to the legal market. These variations in law firms’ descriptions of the importance and role of technology in their organizations offer insight into the ways in which tech serves as a new form of capital in the ongoing competition for status in the legal services market.

THE GENETIC PANOPTICON: GENETIC GENEALOGY SEARCHES AND THE FOURTH AMENDMENT

By: Carter, Genevieve | May 30, 2021

As consumer DNA testing gains widespread popularity, so has law enforcement’s interest in leveraging genetic databases for criminal investigations. Consumer DNA testing products like 23andMe and Ancestry allow private individuals access to their genetic data on private databases. However, once coded, genetic data is free to be downloaded by users and uploaded to public databases. Police identify suspects by uploading cold case DNA to public genetic databases and find familial matches. If they identify a familial match, they narrow the field of suspects using traditional methods of investigation, which often includes extracting suspect DNA from a piece of their abandoned property. This note examines the Fourth Amendment privacy issues raised by this new investigative strategy and argues that the practice of using public DNA databases for familial search is protected under the Fourth Amendment’s Third-Party Doctrine. However, extracting DNA from abandoned property is outside the scope of an individual’s reasonable expectation of privacy established in California v. Greenwood and may have Fourth Amendment protection.

GOVERNING THE UNKNOWN: HOW THE DEVELOPMENT OF INTELLECTUAL PROPERTY LAW IN SPACE WILL SHAPE THE NEXT GREAT ERA OF EXPLORATION, EXPLOITATION, AND INVENTION

By: Peterson, Lauren | May 30, 2021

Journal of Technology and Intellectual Property Tweets