Author: JHTL

A Bumpy Ride: What Downtown Music Publishing LLC, et al. v. Peloton Interactive, Inc. Means for the Future of Sync Rights

Over a dozen music publishers filed a music copyright lawsuit against Peloton for using songs in their fitness classes without obtaining the synchronization rights. The court rejected Peloton’s antitrust claims, and the parties settled. Additionally, Peloton has entered into a joint collaboration with the National Music Publishers’ Association to revamp Peloton’s music licensing processes. … Read More A Bumpy Ride: What Downtown Music Publishing LLC, et al. v. Peloton Interactive, Inc. Means for the Future of Sync Rights

JHTL

The Tech Giants Takeover: The Unsavory Success of Google Amidst the Pandemic and Whether Antitrust Musters the Strength to Combat Tech Giants

This blog discusses the recent rise in profits by big-tech firms such as Google, and the Justice Department’s recent suit against them for violating antitrust precedent. Has free-market thought, established in the 1960s, hallowed out antitrust law so much as to give the Justice Department no recourse through current antitrust law? Current antitrust precedent does not muster the strength it once did upon the birth of the Sherman Act in 1890, so in order to address current big-tech monopolies, there must be an antitrust reform. … Read More The Tech Giants Takeover: The Unsavory Success of Google Amidst the Pandemic and Whether Antitrust Musters the Strength to Combat Tech Giants

JHTL

Battle of the Bots: Using Artificial Intelligence to Combat Data Bias and Discrimination

Artificial intelligence (“AI”) plays an increasing role as businesses seek to optimize their services and seek deeper insights with increased efficiency. However, as algorithms inherit the bias baked within the datasets they employ, the resulting automated decisions can lead to discriminatory consequences. The best chance to combat bias and discrimination in AI may be to fight fire with fire and use AI to find and correct bias.… Read More Battle of the Bots: Using Artificial Intelligence to Combat Data Bias and Discrimination

JHTL

Talk About An Inferiority Complex: Supreme Court to Decide Constitutionality of PTAB Appointments

The Supreme Court granted certiorari to answer the question of whether PTAB judges are constitutional. Considering whether the appointment of Administrative Patent Judges violates the Appointments Clause of the Constitution, the Federal Circuit determined that PTAB judges were unconstitutionally appointed and severed the limitations on the judges’ removability. As a result, over 100 cases have been remanded to the PTAB for rehearing. The Supreme Court will now determine if PTAB judges were unconstitutionally appointed and, if so, how to cure the violation.… Read More Talk About An Inferiority Complex: Supreme Court to Decide Constitutionality of PTAB Appointments

JHTL

Slowing Down Apple: A Look at the iPhone Battery Settlement

This blog discusses the highly publicized, class-action lawsuit filed against Apple after evidence surfaced that the company slowed down older models through software updates to try to boost sales of newer models. Specifically, this blog examines the federal computer fraud claim and how it may have fared had the case gone to trial. … Read More Slowing Down Apple: A Look at the iPhone Battery Settlement

JHTL

The Tests and Triumphs of Amazon in the COVID-19 Era

This blog looks at the successes and difficulties that Amazon, Inc. has faced in the COVID-19 era, specifically discussing how the pandemic has affected the company’s relationship with its employees. Primarily, there have been multiple lawsuits filed against the company by their employees relating to the safety of the warehouse environment. … Read More The Tests and Triumphs of Amazon in the COVID-19 Era

JHTL

Data Privacy Pastiche: Discussing the SAFE DATA Act’s Viability as a Federal Privacy Proposal

The SAFE DATA Act introduced a comprehensive federal privacy bill consisting of three previous proposals. Touting bipartisan support and years of analysis, the SAFE DATA Act intends to provide Americans with more choice and control over their personal data and directs businesses to be more transparent and accountable for their data gathering practices. Additionally, the SAFE DATA Act seeks to enhance the Federal Trade Commission’s authority by imposing injunctive relief and other remedies in the case of violations. Yet, the act’s poor timing and innate shortcomings lead some data privacy advocates to question whether it will have any impact on federal privacy legislation at all.… Read More Data Privacy Pastiche: Discussing the SAFE DATA Act’s Viability as a Federal Privacy Proposal

JHTL

2020 Election: What Social Media Platforms are Doing to Stop the Spread of Fake Results

In order to decrease the spread of false information in relation to the election on November 3, 2020, several social media platforms took measures to censor any misleading information. While the First Amendment protects the freedom of speech, private companies such as social media platforms do not fall under the First Amendment due to their nongovernmental status. Thus, they are allowed to censor what is posted.… Read More 2020 Election: What Social Media Platforms are Doing to Stop the Spread of Fake Results

JHTL

Google v. Oracle: The Ten-Year Tech Battle

This blog discusses the potential consequences of the Supreme Court’s forthcoming decision in Google v. Oracle, the culmination of a series of lawsuits that began in 2010. The suit considers the potential copyrightability of an application programming interface (API), a system regarded in the tech world as crucial to software and application development. Should the Court rule in favor of Oracle, the tech industry can expect the emergence of a much more competitive landscape. … Read More Google v. Oracle: The Ten-Year Tech Battle

JHTL

Bipartisan Support Emerges for Regulation of Tech Giants and Antitrust Reforms

A new report following a 16-month investigation into the state of competition in the digital marketplace found that tech giants such as Apple, Amazon, Facebook and Google are using their power for anti-competitive practices. To remedy this, both Republicans and Democrats have made their own suggestions—varying in severity and scope—on how these tech giants should be further regulated or broken up.… Read More Bipartisan Support Emerges for Regulation of Tech Giants and Antitrust Reforms

JHTL

Crypto Crime: The Treasury Department Takes a Stand Against Illicit Activity Involving Digital Currency

Brief Description: Bitcoin is a cryptocurrency that allows it’s users to purchase items online ranging from hotels on Expedia to videogames. Instead of having money in a bank, individuals are able to keep their currency in a digital wallet. Bitcoins are pseudonymous. However, there are methods for identifying bitcoin users. Bitcoin mixers were created in an attempt to thwart the identification of bitcoin users and help to ensure that their personal data stays private.… Read More Crypto Crime: The Treasury Department Takes a Stand Against Illicit Activity Involving Digital Currency

JHTL

Voting in the 2020 Election: COVID, Mail-In Maelstrom Spark Legal Challenges, Delayed Counts

Brief Description: Historically, Election Day meant a trip to your local polling place to cast your ballot, followed by an evening of watching the televised election results roll in from across the county. This year, however, concerns about the Coronavirus have prompted states to reassess voting procedures ahead of the 2020 presidential election. In an already historic election year, these changes prompted backlash and sparked lawsuits in the weeks and months leading up to the election.… Read More Voting in the 2020 Election: COVID, Mail-In Maelstrom Spark Legal Challenges, Delayed Counts

JHTL

Virtual Litigation: A Gamble on Discovering the Truth

This blog examines Bill S.B. 146, a California bill that was passed on August 28, 2020. S.B. 146 advocates for technology that loosens restrictions on e-discovery, allows for remote depositions and allows for attorneys on record not to be required to attend the online depositions. This blog discusses the implications of relying on such technology as well as the implications of oral depositions conducted solely online.… Read More Virtual Litigation: A Gamble on Discovering the Truth

JHTL

Fake News: How Facebook and Twitter Are Combatting the Spread of False Information on Social Media

Facebook and Twitter took steps to limit the spread of a series of articles published by the New York Post, which circulated unconfirmed claims about the Democratic presidential nominee, Joe Biden. The Trump campaign took advantage of these newly implemented limiting measures, and asserted claims of censorship and called for the repeal of Section 230 of the Communications Decency Act. The conflict highlights the significance of having standardized policies outlining fact-checking procedures. Technology companies, like Facebook and Twitter, should devise such policies to better insulate themselves from future attacks in order to continue effectively combatting the spread of false information on the internet.… Read More Fake News: How Facebook and Twitter Are Combatting the Spread of False Information on Social Media

JHTL

Senate Bill Could End User Privacy on Everyday Devices

The Lawful Access to Encrypted Data Act aims to create a “backdoor” to encrypted data on various everyday devices and messaging services to aid law enforcement in gathering information from criminals and terrorist organizations. The drafters of the bill, however, do not realize that creating a “backdoor” compromises the security and purpose of encryptions, and the “backdoor” could be used by bad faith actors to access troves of average Americans’ private information. … Read More Senate Bill Could End User Privacy on Everyday Devices

JHTL

Online Shopping Obsession: Consumer Security Risks Brought on By E-Commerce Spike Amidst COVID-19 Pandemic

This blog discusses how increased e-commerce since the start of the Coronavirus pandemic affects the protection of consumers. It then analyzes existing policies aimed at protecting consumer data as well as what companies are doing moving forward to ensure fraudulent activity that can exploit consumers is prevented. … Read More Online Shopping Obsession: Consumer Security Risks Brought on By E-Commerce Spike Amidst COVID-19 Pandemic

JHTL