Monthly Archives: April, 2025
Chang and Tseng, ‘Trust Issues: Navigating Donor Intent in a Changing World’
ABSTRACT Amid the evolving legal landscape, the doctrine of cy pres confronts the challenge of harmonizing traditional donor intent with modern societal demands. This Article embarks on a critical examination of cy pres, navigating through its historical trajectory, legal complexities, and the shift towards a more flexible, public-oriented application. Despite its deep roots in trust […]
Samuel Beswick, ‘The Limitation Doctrine of Discoverability’
ABSTRACT Over the past four years, the English courts have applied the Limitation Act 1980’s discoverability provisions in a variety of legal contexts. The jurisprudence has clarified the relevant principles and illuminated five tests that guide the commencement of limitation under the discoverability doctrine. The courts have strived for coherence in applying these tests. Nevertheless, […]
‘Copyright Moral Rights Protection and Environmental Sustainability’
When we talk about intellectual property (IP) and sustainability, we rarely pay attention to the moral rights of authors. However, it is important to assess these ‘authors-only’ rights in a world where copyright is often used as a tool to maximise corporate profits. In terms of sustainable development, moral rights can both promote and hinder […]
Karina Sanchez, ‘“Are Apps Products?”: Consumer Software and Products Liability’
ABSTRACT Products liability law is unclear on whether apps are products. Trial courts are faced with an increasing number of products liability cases brought against companies that create apps offering a blend of technology, content, and services. Without guiding authority, trial courts inconsistently conclude that apps are or are not products. Although many scholars have […]
Julio Carvalho, ‘The contingencies of copyright and some big questions of our time’
ABSTRACT At the heart of the copyright debate in the age of generative artificial intelligence (AI) lies a nagging question: will authorship remain the preserve of human creativity, or are we witnessing the emergence of a new, hybrid model of intellectual production that blurs the lines between human creativity and machine? My intention is by […]
Vishnu Sridharan, ‘The Composition of Risk’
In this paper, I present a novel contractualist analysis of risk-imposing activities. According to most ex ante contractualists, there is a principled distinction to be made between permissible risk-imposing activities such as medical treatments and impermissible risk-imposing activities such as medical experimentation.Footnote1 After demonstrating that previous attempts to make this distinction are implausible, I argue […]
Habib, Mavroidis and Ziegler, ‘Settlement Quality in Adversarial and Inquisitorial Systems’
ABSTRACT Parties in a court case naturally bias the information they provide to the court towards their own interests. We investigate the consequences for settlement quality of a key difference between inquisitorial systems (IS) and adversarial systems (AS), specifically that the judge has more power to limit the parties’ biases in IS. Under symmetry, AS […]
Bryan Choi, ‘Tainted Source Code’
ABSTRACT Open-source software has long eluded tort liability. Fierce ideological commitments and sticky license terms support a long tradition of forbearance against penalizing harmful or negligent work in open-source communities. The free, noncommercial, distributed, and anonymous characteristics of open-source contributions present additional obstacles to legal enforcement. The exponential rise in software supply chain attacks has […]
Rostam J Neuwirth, ‘Intellectual property law and generative artificial intelligence: fair remuneration, equality or “My plentie makes me poore”’
INTRODUCTION Against the backdrop of vigorous global debates about artificial intelligence (AI), it is a fundamental mistake to believe that the recent rise in AI services is driving copyright and all of IP law into a serious crisis. It is accurate to state that OpenAI’s introduction of Chat-GPT in November 2022 and its hype took […]
‘Greenifying Copyright Economic Rights and User Flexibilities in the Context of Upcycling’
Upcycling has become one of the trendiest buzzwords for people with a sustainability-oriented mindset. While the term might refer to various forms of recollection, improvement and reuse of data or (raw) materials, this post adopts a narrower focus. It is limited solely to reviewing how upcycling might be approached from a copyright perspective (for approaches […]