Monthly Archives: September, 2019

‘Should there be copyright protection for artificial intelligence works?’

“It’s been a while since I have written about AI and copyright, although I have been presenting about it quite a lot. I wrote a paper entitled ‘Do Androids Dream of Electric Copyright?’ in 2017, and then a shorter version for WIPO Magazine (it’s sobering how many more people cite the shorter version than the […]

Jeffrey Harrison, ‘Duress and Undue Influence in Contract Law as Cognitive Trespass: An Essay’

ABSTRACT Much of contract law concerns how to treat instances in which one party is vulnerable to advantage taking by another. The cases fall into two groups. In some the advantage-taker just happens upon the vulnerable party and has no part in creating that vulnerability. This has been labeled ‘pure advantage taking’. In other cases, […]

‘“Mother” defined in common law’

“Our coverage of transgender issues tends to focus on the human rights aspects, as considered in MB v Secretary of State for Work and Pensions [2018] Case C‑451/16, here, or the approach of the Church of England to gender transition, as in our post Bishops’ guidance on use of Affirmation of Baptismal Faith in the […]

Karen Sokol, ‘Seeking (Some) Climate Justice in State Tort Law’

ABSTRACT Over the last decade, an increasing number of path-breaking cases have been filed throughout the world seeking to hold fossil fuel industry companies and governments accountable for their actions and inactions that have contributed to the current climate crisis. This Article focuses on an important subset of those cases-namely, the recent surge of cases […]

‘The Right To Be Forgotten back in the CJEU: Court Judgments on the territorial scope of de-referencing; and sensitive personal data’

“Following on from the Advocate General Opinions published on 10 January (which I wrote about here), yesterday the Court of Justice released its decisions in two cases concerning internet search engines and the right to be forgotten. The decisions primarily concern the repealed Data Protection Directive 95/46/EC, but they refer extensively to the GDPR and […]

Jay and Taylor, ‘A Case of Champagne: A Study of Geographical Indications’

ABSTRACT The term ‘Method Champenois’ connects champagne to its rich history, geographical location and image. Few words evoke luxury and good cheer as much as champagne. Behind the bubbles is an international trade rivalry between the EU and the US to control the lucrative champagne market. The battle lines concern champagne’s recognition as a ‘geographical […]

Eleonora Rosati, ‘Copyright as an Obstacle or an Enabler? A European Perspective on Text and Data Mining and Its Role in the Development of AI Creativity’

ABSTRACT Text and data mining (TDM) may be performed in a variety of fields and for different purposes. Among other things, TDM techniques may be used to ‘train’ Artificial Intelligence (AI), also for the purpose of AI-driven creativity. In this context, copyright restrictions might be in place, even if copies made of pre-existing content are […]

‘Mass Tort Deals – Chapter 5’

“Chapter 5 in Elizabeth Chamblee Burch’s Mass Tort Deals brings together so many things. It’s got arbitration, securities filings, banks, conflicts of interest, and so much more. (You can see some of the prior posts on this here.) Let’s start with arbitration. Burch gets the reality that arbitration contracts today are essentially imposed on the […]

‘Juridification Without Legality’

John Gardner, The Twilight of Legality, 43 Australasian Journal of Legal Philosophy 1 (2019). The death of John Gardner this summer, at age 54, is a fearful loss. This generous, multi-talented, and much-loved man was a world-renowned figure in several fields of jurisprudence, including not only the general topic of the nature of law but […]

‘Fractionalised land title a furphy?’

“The South Australian government has announced the launch of a new system of property investment to be rolled out in Adelaide’s two new residential towers. The system involves ‘fractionalising’ the property into ‘bricklets’ and establishing a market for the bricklets via blockchain technology. According to the press release bricklet owners will have their interest recorded […]