Monthly Archives: July, 2024
‘How much protection for computer programs? The opinion of AG Szpunar in C-159/23 Sony Computer Entertainment Europe’
Case C-159/23 Sony Computer Entertainment Europe revolves around the scope of protection of computer programs under the 2009 Software Directive. The Court of Justice of the EU (CJEU) will respond to two preliminary questions posed by the German Supreme Court. The detailed background of the case was discussed in a previous post. To summarize, the […]
‘Laws of Ice and Fire: George RR Martin’s Song of Ice and Fire cycle from a legal historian’s perspective’
George RR Martin’s (unfinished) Song of Ice and Fire series, also, as Game of Thrones, a massively successful TV series, is set in a quasi-medieval fantasy world. I am happy to note that there is quite a bit of legal content, with references to trials, laws, lawmakers. It falls within the Venn diagram overlap of […]
‘The misadventures of Tintin in the land of parody and freedom of artistic expression’
The adventures of the young boy with the quiff seem to be an inexhaustible source of copyright disputes. Hergé’s legacy is fiercely defended by Mrs Rodwell and Tintinimaginatio against third parties who draw too much inspiration from his works. In addition to the copyright protection afforded to the fictional characters created by Hergé, these disputes […]
Cristina Argelich-Comelles, ‘Blockchain for civil mediation in conflicts in condominiums’
ABSTRACT This paper foresees a critical analysis and development of a legislative proposal for the effective implementation of blockchain technology in Civil Mediation in conflicts in condominiums. This paper provides a legal analysis of personal, property rights and condominium disputes, applying blockchain technology for the purpose of self-executing civil mediation. This paper provides several solutions […]
Rita Matulionyte, ‘“AI is not an Inventor”: Thaler v Comptroller of Patents, Designs and Trademarks and the Patentability of AI Inventions’
ABSTRACT The increasing use of Artificial Intelligence (AI) technologies in inventive processes raises numerous patent law issues, including whether AI can be an inventor under law and who owns the AI-generated inventions. The UK Supreme Court decision in Thaler v Comptroller of Patents, Designs and Trademarks has provided an ultimate answer to this question: AI […]
Patricia de Moraes Paisani Matthey Claudet, ‘Michael Holmes v Poeton Holdings Ltd [2023] EWCA Civ 1377: a necessary clarification for a non “de minimis” discussion in causation’
INTRODUCTION Establishing factual causation is one of the most challenging steps to assess the feasibility of potential claims in the Tort of Negligence, especially in nuanced circumstances where the injury sustained by the claimant can originate from multiple causes. This is particularly sensitive in occupational health and medical negligence claims. In some of these cases, […]
Ben Chester Cheong, ‘Sowing Seeds of Change: Intergenerational Justice in Corporate Law and Governance’
ABSTRACT This paper argues for a fundamental reimagining of corporate law through the lens of intergenerational equity and justice, a perspective that has received scant attention in the literature on corporate governance. It exposes the inherent weaknesses of the existing framework in promoting intergenerational equity and proposes an innovative intergenerational corporate framework. The paper envisions […]
Farrell, Fisher Page and Sakoda, ‘Theorizing Legal Vulnerability to Enhance Rural Access to Justice’
ABSTRACT The ‘justice gap’ describes a seemingly simple phenomenon: The difference between a community’s civil legal needs and the supply of resources to address those needs. Yet this simple equation has dire consequences, particularly for low-income and rural Americans. Our ability to measure legal need and supply with relative ease and accuracy is critical as […]
‘The Law of the Algorithmic State: Perspectives from Central and Eastern Europe’ – University of Trieste, 26-27 September 2024
Session I: Angela Ferrari Zumbini (U Napoli Federico II), The Project ‘The Dark Side of Algorithms’; Roberto Scarciglia (Trieste U), AI and the State in Comparative Perspective; Péter Mezei (Szeged U) and Erzsébet Csatlós (Szeged U), Hungary; Filip Křepelka (Masaryk U), Czech Republic. Session II: Piotr Tereszkiewicz (Jagiellonian U Krakow) and Monika Namysłowska (U Łódź), […]
‘To fix civil justice, the new government has a mountain to climb’
Overflowing prisons and delayed rape trials are easy for politicians and the public to grasp as a crisis with immediacy – something they share with raw sewage in our rivers and on our beaches. Accordingly, criminal justice featured prominently in all manifestos. Problems in civil justice are more like climate change – an existential threat, […]