Washington Journal of Law, Technology & Arts

Volume 12  | Winter 2017  | Number 2

From Monkey Selfies to Open Source: The Essential Interplay of Creative Culture, Technology, Copyright Office Practice, and the Law

Maria Pallante
12 Wash. J.L. Tech. & Arts  123

3/31/2017

The 2016 Distinguished Roger L. Shidler Lecture was delivered on July 22, 2016 at the University of Washington School of Law, Center for Advanced Study & Research on Innovation Policy during the 2016 Global Innovation Law Summit.

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"Reasonable Zones of Privacy"- The Supreme Court's Struggle to Find Clarity in the American Landscape Regarding Fourth Amendment Rights

Alex Alben
12 Wash. J.L. Tech. & Arts  145

3/31/2017

The U.S. Supreme Court has struggled over the years to develop the concept of what constitutes a "reasonable zone of privacy" when it comes to intrusion on an individual's physical space or activities.  With the advent and widespread adoption of new technologies such as drones and listening devices, concern for protecting privacy has magnified, yet court doctrine remains inconsistent.  The author, Washington State's Chief Privacy Officer, reviews the history of Supreme Court "search and seizure" rulings in prominent cases to identify both patterns and flaws on the topic of protecting citizen privacy.

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Deepsouth will Rise Again - The Argument in Favor of the Federal Circuit's Holding in Promega Corp. v. Life Technologies

Christopher Ainscough
12 Wash. J.L. Tech. & Arts  159

3/31/2017

Two recent holdings from the United States Court of Appeals for the Federal Circuit in Promega Corp. v. Life Technologies Corp. have come under fire from members of the patent community. In Promega, the Federal Circuit held that i) 35 U.S.C. § 271(f)(1) does not require a third party to "actively induce the combination" of a patented invention, and ii) that a single component can be a "substantial portion" of the components of patented invention. In this Article, I argue that the Federal Circuit decided these issues correctly in light of the policy considerations that went into Congress's enactment of 35 U.S.C. § 271(f) following the Supreme Court's unpopular Deepsouth decision. I further argue that there is no requirement of knowledge of a patent to find inducement under § 271(f)(1), only knowledge of the infringing acts. Overturning these holdings would, in effect, have ushered in a return to the world immediately after the Deepsouth decision, before the implementation of 35 U.S.C. § 271(f).

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Revenge Porn and Narrowing the CDA: Litigating a Web-Based Tort in Washington

Jessy R. Nations
12 Wash. J.L. Tech. & Arts  189

3/31/2017

Effective September 2015, the Washington State Legislature passed two statutes which created both civil and criminal liability against individuals who distribute "intimate images" of others without their consent.These statutes were created to combat the modern phenomenon colloquially known as "revenge porn." Revenge porn is the non-consensual distribution of nude or sexually explicit photographs or videos, created with the intent to humiliate or harass the person these images depict. In addition to causing emotional damage to the victim, revenge porn can also produce broader consequences such as loss of employment and stalking. Traditionally, litigating these kinds of offenses has been difficult because traditional tort theories have been ruled inadequate, defendants often fall back on the Communications Decency Act ("CDA") to protect websites hosting such material, and, until recently, such offenses were not taken seriously. This Article focuses on the practical concerns of litigating civil cases under Washington’s revenge porn statute and its constitutional limitations under the CDA and the First Amendment.

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