SpicyIP

OCTOBER 27, 2023

These patterns can intersect with the trademark and other intellectual property (IP) in various ways, although it’s important to note that the use of dark patterns is unethical and often violates principles of fair use and consumer protection.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

43(B)log

FEBRUARY 3, 2024

Allowed producers to control coffee machines by putting software in them; can prevent use, resale, using unsupported coffee. Usufructuary rights—use and benefit from property; interference w/right to repair and w/right to use it with other stuff by preventing interoperability. Property v. property: TM v. chattels; IP v.

Privacy 59

Privacy Fair Use Fanworks Government 59

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Are the outputs copies of the training data? What to do?

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

FEBRUARY 25, 2023

Discussant: Mark Lemley Maybe corpus linguistics can help w/things like descriptiveness and nominative fair use, though skeptical about confusion or fame (b/c you need a standard). We could do things like market share analysis—but TM might not try to prevent copying others’ TMs in general.

Trademark 72

Trademark Marketing Marketing Advertising 72