Can Copyright Law Prevent Cheating on Exams?

by Jo Dale Carothers, Ph.D.
The IP Law Blog

The recent opportunities for remote work and learning have provided improvements in lifestyle for a number of employees and students. Many of those able to work or study from home have benefited from more flexible schedules, reduction in time and money spent on commuting, reduction in work- and school-related stress, and more family time. But those benefits have come with some new challenges. For example, professors and teachers have confronted the challenge of how to prevent students from cheating on exams.

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The Continuing Battle Over LinkedIn Profiles and the Applicability of the Computer Fraud and Abuse Act

by James Kachmar
The IP Law Blog

Over two and a half years ago, this column analyzed a Ninth Circuit case titled HiQ Labs, Inc. v. LinkedIn Corporation, in which the Court agreed with a lower court that had issued a preliminary injunction against LinkedIn from taking certain technical measures to prevent HiQ, a data analytics company, from “scraping” information from publicly available profiles on LinkedIn’s site. The Ninth Circuit concluded then that HiQ was not violating the Computer Fraud and Abuse Act (“CFAA”) because its activities were directed at publicly available information and therefore,

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Alice is Alive and Well!

by Audrey A. Millemann
The IP Law Blog

Not everything is patentable. First, only inventions are patentable. Second, only certain inventions are patentable. Four types of inventions are patentable: articles of manufacture, machines, processes, and compositions of matter. 35 U.S.C. §101. These four types of inventions are referred to as patent-eligible subject matter. Some things, referred to as patent-ineligible subject matter, are not patentable: laws of nature, natural phenomena, and abstract ideas.

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Real Estate Contracts: The Complex and Often Overlooked Indemnity Clause

by Mark E. Ellinghouse

“Let’s leave that to the lawyers.”  It’s a familiar refrain that I hear often as contract negotiations drag on between parties.  After the primary deal points in a contract have been agreed upon, many clients believe that the remaining terms can be easily resolved without their involvement.  Unfortunately, this is rarely the case, as what some clients perceive to be boilerplate or “standard” could become critically important if a dispute arises relating to the transaction.

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Use of Non-Physician Healthcare Practitioners Expanding in California

by Jeanne L. Vance
The Healthcare Law Blog

I have been in healthcare legal practice since the mid-1990s.  During a summer in law school, I worked for the California Legislative Counsel Bureau, which is the agency that serves as legal counsel to the California legislature.  During my stint there, I recall various healthcare licentiates arguing about whether to expand the practice of non-physicians, with physicians generally asserting that such changes would be detrimental to healthcare quality and the other healthcare licentiates arguing that they provide a quality service at a more reasonable price-point. 

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