Mitsubishi Regional Jet Runs into Regulatory Turbulence in the American Skies

ja21mj_2016-09-27_img_4836By Mariko Kageyama

Say you are a maker of a brand new aircraft. You show off its blueprint and miniature model and take orders before you have even constructed it. What legal risks are you willing to assume at this stage? Though this may seem a quintessential contract question, a real case involving Mitsubishi provides us an interesting twist.

On September 28 and November 18, 2016, the first two Mitsubishi Regional Jet MRJ90 test aircraft made successful ferry flights from Nagoya, Japan to Moses Lake, Washington. Built by Mitsubishi Aircraft Corporation, the MRJ90 is the first all-new commercial airplane manufactured in Japan in the last half a century. A fleet of MRJ90 test aircraft will be undergoing test flights in partnership with a local engineering firm, AeroTEC, which is based at the Grant County International Airport in Moses Lake. A team of over 200 aerospace engineers in Moses Lake, Seattle, and Nagoya is aiming to make the MRJ90’s formal certification process as smooth as possible to allow entry its into service in 2018.

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YouTube’s Content ID Policy Change Now Saves Lost Monetization for Fair Use Videos

youtube-cashBy Dan Goodman

As the late Notorious B.I.G. said, “Mo Money, Mo Problems.” Whether you believe that statement or not, it is certainly, and thankfully, becoming less true the world of monetizing videos on YouTube through fair use.

The issue of fair use in regard to Content ID claims and Digital Millennial Copyright Act (“DMCA”) takedown notices continues to be a hot topic in the world of YouTube. Most recently demonstrated in Lenz v. Universal Music Corp., the Ninth Circuit held that copyright holders must consider fair use and have a subjective belief that the material in use was in violation of copyright law before sending a takedown notice.

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DMCA Takedown Notices: Never Enough, Always Too Much

picture1By Ari Robbins

Digital Millennium Copyright Act (“DMCA”) takedown notices are headed to the Supreme Court where they could themselves be facing a takedown. These notices are issued outside of a court process and are supposed to warn online hosts that content on their websites might constitute copyright infringement. Per the Ninth Circuit decision that is headed to the Court, Lenz v. Universal Music Corp., the sender of a takedown notice must have a subjective belief that material related to a notice is not fair use. Imposing such a standard has far reaching implications for all senders  and recipients of DMCA takedown notices.

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Fashion Police: Supreme Court Edition

varsityBy Yonah Reback

It’s not the first time the US Supreme Court has played “fashion police,” and it probably won’t be the last. In Star Athletica, LLC  v. Varsity Brands, Inc., however, the Court’s review of whether designs on cheerleading uniforms can be copyrighted promises to clarify an ambiguity that has been called “the most vexing, unresolved question in copyright law.”

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China, Cisco, and What Happens When the Technology We Love is Used for Hate Overseas

By Seth Parentfact-picture

In Doe v. Cisco Systems, Inc., Cisco Systems is under fire for a recent development in its ongoing business relationship with the Chinese government. The plaintiffs in Doe allege that Cisco knowingly aided and abetted the Chinese government by developing a system custom-tailored to identify, track, and persecute members of a minority group known as the Falun Gong.

The complaint was initially dismissed for lack of protection under the Alien Tort Statute (ATS), though it is now on appeal. The ATS grants federal district courts jurisdiction over violations of certain international laws regardless of where the harm occurred or who inflicted that harm.

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No Man’s Sky: Legal Risks of Raised Expectations in Video Game Marketing

no-mansBy Dan Hagen

Hello Games’ No Man’s Sky is arguably this decade’s highest profile game that spectacularly failed to meet expectations set by its developer. Promises made by Hello Games through marketing and promotion, leading right up to the game’s launch, pushed the legal envelope and should serve as a cautionary tale for video game developers and marketing teams. Just how far can a developer go before their hype becomes illegal misrepresentation?

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A Tale of Two Cameras

By Daniel Healow

cmera
Depending on your views about privacy and police accountability, it may be the best of times or the worst of times. Either way, it is clear that sensors, specifically cameras, have taken center stage as communities seek to objectively reconstruct confrontations between law enforcement and the public.

In what many call the “fastest technology upgrade in policing history”, body-worn cameras (BWCs) are quickly being deployed by police forces throughout the nation, inspiring widespread public support. Although a recent New York Times profile on the rollout of BWCs in Seattle highlighted the growing pains of rapidly deploying new technology, a summer survey found that  70% of Americans support BWCs becoming standard issue throughout all law enforcement. As an added bonus, the cameras appear to be increasing public accountability as well. Studies show public complaints of police misconduct down a whopping 93% in municipalities that have deployed the cameras. So the more cameras the better, right?

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Flying Pigs to Precede Comprehensive Federal Internet Voting Regime in United States

By Rob Philbrick
vote

The United States Postal Service Office of Inspector General released a national report last month finding that 84% of people surveyed expect drone deliveries to occur within the next ten years. Leading the international charge, Domino’s Pizza has already launched commercial drone deliveries in New Zealand. Assuming the resolution of various U.S. regulatory and socio-technical problems, it may be commonplace by the year 2030 for items to be shipped autonomously, up in the sky. In such a future, a breakfast ruined for lack of bacon is only a short drone flight away from remedy. So, as promised: flying pigs.

However, what appears to not be on the U.S.’s technology-dependent horizon is ubiquitous nationwide online election voting. What explains this?

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New California Anti-Age Discrimination Act Likely Unconstitutional, But Challenges May Be More Trouble Than Worth

age-discriminationBy Jacob Knutson

Age discrimination, particularly for actresses, is hardly a secret issue in Hollywood. Indeed, workers at all levels of the entertainment industry are affected. As a recent example, consider the casting of Naomi Bellfort in The Wolf of Wallstreet. Olivia Wilde was reportedly passed over for the part for being “too old” (age 28), despite being one year younger at the time of casting than Naomi’s actual age during the filming of the movie (age 29).

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The Arrival of CRISPR: Why The Genetically Modified Human Is No Longer Science Fiction

gattacaBy Miles Bludorn

The 1997 film Gattaca, set in “the not too distant future,” envisioned a world where parents possess complete control over the DNA they pass on to their children. The “future” forecasted in the film is now closer than ever with the latest advancement in genetic engineering known as CRISPR-Cas9 (“CRISPR”).

With the use of CRISPR, scientists, for the first time ever, can precisely edit, delete, and rearrange the DNA of nearly any living organism, including humans. Genetic editing using CRISPR takes place inside an embryo on what is known as the germ line. This allows scientists to edit the genetic material that can be inherited by the next generation. After altering, a genetic trait can be passed on to future generations. The potential of editing the germ line does not just mean that we will be able to control a child’s eye or hair color, it could also mean the ability to eliminate hereditary diseases altogether.

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