Author
Ten Thousand AI Systems Typing on Keyboards: Generative AI in Patent Applications and Preemptive Prior Art
May. 7, 2024—John Villasenor | 26 Vand. J. Ent. & Tech. L. 375 (2024) Generative AI makes it possible to create unlimited amounts of text at essentially zero cost. While this technology has many benefits, it can also be used in ways that undermine the goals of the patent system. This Article identifies policy solutions to address...
The Case for Common Property in Musical Objects
May. 6, 2024—Lauren Wilson | 26 Vand. J. Ent. & Tech. L. 413 (2024) Copyright law’s current framework for analyzing the similarity between musical works has invited a host of copyright infringement lawsuits that drag artists into court over small, commonplace segments of music. Plaintiff artists typically accuse defendant artists of copying, or even “stealing,” from them....
Golf’s Civil War: The Antitrust Lessons to Learn from the PGA Tour’s Rivalry with LIV Golf
May. 6, 2024—Nic Vandeventer | 26 Vand. J. Ent. & Tech. L. 585 (2024) The regulation of professional sports leagues under the Sherman Act presents a unique and, up to this point, unsolved problem. Increased regulation of the United States’ beloved sports is not something that many US citizens would necessarily welcome. And yet, courts are consistently...
“Feeding” the Cloud: Reducing Carbon Emissions from Social Media and Streaming Services Through Private Information Disclosure
May. 6, 2024—Madison Hoover | 26 Vand. J. Ent. & Tech. L. 549 (2024) Despite their well-known negative aspects, social media and streaming services have become integral for consumers’ daily entertainment and social connection. Although most users have some idea of these services’ harmful mental impacts, they are typically unaware of the carbon emissions that result from...
The Role of Secondary Algorithmic Tacit Collusion in Achieving Market Alignment
May. 6, 2024—Ariel Ezrachi & Maurice E. Stucke | 26 Vand. J. Ent. & Tech. L. 461 (2024) Antitrust enforcers now recognize the risks associated with many sellers’ use of a singular hub’s pricing algorithm. But what if many rivals use several different hubs for dynamic pricing? The common assumption is that in such instances, competition among...
Solitude Lost? Preserving the Fourth Amendment in the Age of the Metaverse
May. 6, 2024—Kevin Cibak | 26 Vand. J. Ent. & Tech. L. 515 (2024) The Metaverse—a virtual reality platform developed by social media giant Meta Platforms, Inc. (formerly Facebook, Inc.)—promises to fundamentally alter the age-old structure of global society. Specifically, the Metaverse seeks to blend physical, virtual, and augmented realities together through a complex web of digital...
Embracing the Future: The Rise of AI-Generated Art
Apr. 3, 2024—By David Black In the rapidly evolving landscape of creative expression, the emergence of generative Artificial Intelligence (AI) presents both exhilarating possibilities and profound challenges. As society witnesses AI’s expanding application and scope, particularly in the realm of artistry and creativity, fundamental questions arise: Are we prepared, or even willing, to embrace the new artists...
The Legal Questions Surrounding the TSA’s Facial Recognition Program
Mar. 19, 2024—By Robert Lowell The Transportation Security Administration (TSA) has been rapidly expanding a pilot program implementing facial recognition technology (FRT) into its security screening checkpoints at airports across the country.[1] The program’s rollout began just a couple of years ago, in 2020.[2] In mid-2023, FRT had already been implemented at 25 major US airports and...
Federal Judge Throws Wrench Into NCAA’s NIL Plans
Mar. 13, 2024—By Charlie Visconti In January 2024, Virginia and Tennessee’s attorneys general filed an antitrust suit against the NCAA alleging that the NCAA’s name, image, and likeness (“NIL”) guidelines introduced in 2021 violated federal antitrust laws.[1] Specifically, the suit alleges that the NCAA guidelines improperly prevents college athletes from earning their full potential from their name,...
Algospeak: Jailbreaking the Marketplace of Ideas
Mar. 8, 2024—By Amaris Aloise Social media algorithms have become the captors of the marketplace of ideas, but they have also captured its importance to US culture. With the exponential rise in algorithmic content moderation, the marketplace of ideas has become dependent on internet culture and slang, resulting in a “chronically online”[1] censorship of expression known as...