Anderson Corp. v. GED Integrated Sol., Inc.: The Future of AIA Derivation Proceedings

Under the pre-AIA first-to-invent regime, interference proceedings were available to contest which of two (or more) parties invented the claimed subject matter first. With the AIA’s shift to a first-to-file regime, interference proceedings have given way to derivative proceedings. Under the AIA, the first party to invent does not necessarily secure the patent, so interference proceedings no longer fit. Instead, derivation proceedings offer an alternate challenge on grounds of originality. Specifically, derivation proceedings.. Read More

YouTube’s Demonetization Debate: How Smaller YouTubers are Disproportionately Affected

I have been vaguely aware of YouTube’s practice of “demonetization” for some time, that which has something to do with ad revenues. However, it wasn’t until a recent tragedy at YouTube’s headquarters that I began to comprehend emotional and symbolic challenges smaller YouTubers (i.e. creators/owners of small YouTube channels) face because of demonetization. In this blog post, I briefly introduce the YouTube Partner Program (YPP), explore the arguments for and against the recent.. Read More

Machine Learning, Blockchain and an Inefficient Patent System

The digitalization of information and the implementation of computer-based processes in society has fundamentally changed how humans interact with the world and one another. Now, almost everyone in the US has access to an enormous pool of information in some form or another. While this is touted as the necessary step towards information equality, it is not without its problems. In a society where we demand efficient and accurate results, what happens when.. Read More

Is Using a Shared Netflix Password a Federal Crime?

Following the Ninth Circuit’s ruling in United States v. Nosal, 844 F.3d 1024 (9th Cir. 2016) (“Nosal II”), several commentators in the media queried whether using a borrowed password for streaming video on demand (SVOD) services such as Netflix and HBO Go constitutes a criminal violation of the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030. Time reported, for example, that “[t]he act of sharing Netflix passwords has apparently been decreed.. Read More

Life in the Fast Lane? The Death of Net Neutrality 

On Feb. 22nd, the Federal Communications Commission (FCC) published a new rule overturning net neutrality. Aptly named the “Restoring Internet Freedom” order, it directly repealed the previous “Open Internet Order” put in place in 2015 raising alarm bells all across the country. Reactions ranged from heralding the coming of Doomsday for the internet to celebration over the “freeing”  of the internet from overregulation by the government. Although a litany of states have filed.. Read More