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Washington Journal of Law, Technology & Arts Issues

Volumes 1 - 5 were published under the journal name "Shidler Journal of Law, Commerce + Technology".

Volume 9

Issue 3 Winter 2014

ArticleTitleAuthor
133 The Internet and the Constitution: A Selective Retrospective

abstract   full article

M. Margaret McKeown
177 Pacific Northwest Perspective: The Impact of the America Invents Act on Nonprofit Global Health Organizations

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John Morgan and Veronica Sandoval
227 When Is a YouTube Video a "True Threat"?

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Pedro Celis
239 Aereo and Cablevision: How Courts Are Struggling to Harmonize the Public Performance Right with Online Retransmission of Broadcast Television

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Sam Méndez

Issue 2 Fall 2013

ArticleTitleAuthor
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

Copyright trolling has become a popular, but widely criticized tactic used by copyright holders to defend their intellectual property rights. One method involves rights holders selling their rights to infringed works to holding companies, as those companies may more easily file hundreds of suits against potential infringers at once. Another method involves rights holders themselves filing mass lawsuits against hundreds of BitTorrent users at once using their anonymous IP addresses, threatening to name the alleged infringers in a lawsuit if a settlement is not paid. However, in many recent cases, courts have shut down such tactics by invoking procedural deficiencies and severing multiple defendants from cases, as well as issuing sanctions against abusive litigators. In Mick Haig Productions E.K. v. Does 1-670, the Court of Appeals upheld sanctions against an attorney for his use of such trolling tactics. Yet many argue that courts’ current disfavor for trolling may leave copyright holders with fewer options for enforcing their copyrights in good faith against BitTorrent abusers. This Article examines how courts have discouraged trolling tactics by dismissing suits filed by copyright trolls acting in bad faith.

full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

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Peter Dang
115 Can You Hear Me Now? The Race to Provide America with Universal, High=Speed Wireless Coverage

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Dina Neda Rezvani

Issue 1 Summer 2013

ArticleTitleAuthor
1 Repairing the Antibiotic Pipeline: Can the GAIN Act Do It?

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Caitlin Forsyth
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

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Matthew Fredrickson
35

Medical Advances, Criminal Disadvantages: The Tension Between Contemporary Antiretroviral Therapy and Criminal HIV Exposure Laws in the Workplace

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Chelsey Heindel
53

A First Amendment Defense to the Federal Cyberstalking Statute in the Age of Twitter

abstract   full article

Christopher Young