Commercial Law Intersections

Commercial law is not a single, monolithic entity. It has grown into a dense thicket of subject-specific branches that govern a broad range of transactions and corporate actions. When one of such dealings or activities falls concurrently within the purview of two or more of these commercial law branches—such as corporate law, intellectual property law, secured transactions law, conduct and prudential regulation—an overlap materializes. We refer to this legal phenomenon as a commercial law intersection (CLI). CLIs are ubiquitous. Notable examples include traditional commercial transactions, such as bank loans secured by shares, supply chain financing, or patent cross-licensing agreements, as well as nascent FinTech arrangements, such as blockchain-based initial coin offerings and other dealings in digital tokens. CLIs present a multi-faceted challenge. The unharmonious convergence of commercial law branches generates failures in coordination that both increase transaction costs and distort incentives for market participants. Crucially, in the most severe cases, this affliction deters business actors from entering into the affected transactions altogether. The cries of scholars, judges, and practitioners lamenting these issues have grown ever louder; yet methodical, comprehensive solutions remain elusive. This Article endeavors to fill this void. First, it provides a comprehensive analysis of CLIs and the dynamics that give rise to coordination failures. Drawing from systems theory and jurisprudence, it then identifies the deficiencies of the most common approaches used to reconcile tensions between commercial law branches, before advancing the concepts of “legal coherence” and “unity of purpose” as the key to addressing such shortcomings. Finally, leveraging these insights, it formulates a normative blueprint, comprising a two-step method which aims to assist lawmakers, regulators, and courts in untangling the Gordian knot created by CLI coordination failures

Computing Competencies for Undergraduate Data Science Curricula: ACM Data Science Task Force

At the August 2017 ACM Education Council meeting, a task force was formed to explore a process to add to the broad, interdisciplinary conversation on data science, with an articulation of the role of computing discipline-specific contributions to this emerging field. Specifically, the task force would seek to define what the computing/computational contributions are to this new field, and provide guidance on computing-specific competencies in data science for departments offering such programs of study at the undergraduate level. There are many stakeholders in the discussion of data science – these include colleges and universities that (hope to) offer data science programs, employers who hope to hire a workforce with knowledge and experience in data science, as well as individuals and professional societies representing the fields of computing, statistics, machine learning, computational biology, computational social sciences, digital humanities, and others. There is a shared desire to form a broad interdisciplinary definition of data science and to develop curriculum guidance for degree programs in data science. This volume builds upon the important work of other groups who have published guidelines for data science education. There is a need to acknowledge the definition and description of the individual contributions to this interdisciplinary field. For instance, those interested in the business context for these concepts generally use the term “analytics”; in some cases, the abbreviation DSA appears, meaning Data Science and Analytics. This volume is the third draft articulation of computing-focused competencies for data science. It recognizes the inherent interdisciplinarity of data science and situates computing-specific competencies within the broader interdisciplinary space

AI & IP Innovation & Creativity in an Age of Accelerated Change, 52 Akron L. Rev. 813 (2018)

From a glimmer in the eye of a Victorian woman ahead of her time, AI has become a cornerstone of innovation that “will be the defining technology of our time.” Around 2016, the convergence of computing power, funding, data, and open-source platforms tipped us into an AIdriven 4IR. AI can make a difference in accelerating disruptive innovation by bringing a data-driven approach to invention and creation. To do so, the law must embrace change and innovation as an imperative in a journey towards an ever-shifting horizon. In the creative arts, the work for hire doctrine provides a pragmatic legal vehicle for interests to vest and negotiated by the commercial interests best placed to encourage investment in both the technology and its downstream uses. Like humangenerated work, AI-generated work is an amalgam of mimicry mined from our own learning and experience. The training data it draws upon, both for expressive and non-expressive sues, are merely grist for AI’s mill. Consequently, fair use must be liberally applied to prevent holdup by copyright owners and stifle transformative uses enabled by AI. AI can also be used to decipher complex copyright infringement cases such as those involving musical compositions. In the technological arts, the controversy will revolve around who owns innovative breakthroughs primarily or totally attributed to AI. How should these breakthroughs affect the regard for the notion of PHOSITA? How does AI change the equation when it comes to infringement? And how can AI help save the patent system from obsolescence? In these, AI both enables and challenges how we reward individuals whose ingenuity, industry, and determination overcame the frailty of the human condition to offer us inventions that make our lives more efficient and pleasurable. It will take a clear-eyed view to ensure that copyright and patent laws do not impede the very progress they were designed to promote

Internet of Things and the Law: Legal Strategies for Consumer-Centric Smart Technologies

Internet of Things and the Law: Legal Strategies for Consumer-Centric Smart Technologies is the most comprehensive and up-to-date analysis of the legal issues in the Internet of Things (IoT). For decades, the decreasing importance of tangible wealth and power – and the increasing significance of their disembodied counterparts – has been the subject of much legal research. For some time now, legal scholars have grappled with how laws drafted for tangible property and predigital ‘offline’ technologies can cope with dematerialisation, digitalisation, and the internet. As dematerialisation continues, this book aims to illuminate the opposite movement: rematerialisation, namely, the return of data, knowledge, and power within a physical ‘smart’ world. This development frames the book’s central question: can the law steer rematerialisation in a human-centric and socially just direction? To answer it, the book focuses on the IoT, the sociotechnological phenomenon that is primarily responsible for this shift. After a thorough analysis of how existing laws can be interpreted to empower IoT end users, Noto La Diega leaves us with the fundamental question of what happens when the law fails us and concludes with a call for collective resistance against ‘smart’ capitalism

Internet of Things and the Law : Legal Strategies for Consumer‐Centric Smart Technologies

Internet of Things and the Law: Legal Strategies for Consumer-Centric Smart Technologies is the most comprehensive and up-to-date analysis of the legal issues in the Internet of Things (IoT). For decades, the decreasing importance of tangible wealth and power – and the increasing significance of their disembodied counterparts – has been the subject of much legal research. For some time now, legal scholars have grappled with how laws drafted for tangible property and predigital ‘offline’ technologies can cope with dematerialisation, digitalisation, and the internet. As dematerialisation continues, this book aims to illuminate the opposite movement: rematerialisation, namely, the return of data, knowledge, and power within a physical ‘smart’ world. This development frames the book’s central question: can the law steer rematerialisation in a human-centric and socially just direction? To answer it, the book focuses on the IoT, the sociotechnological phenomenon that is primarily responsible for this shift. After a thorough analysis of how existing laws can be interpreted to empower IoT end users, Noto La Diega leaves us with the fundamental question of what happens when the law fails us and concludes with a call for collective resistance against ‘smart’ capitalism

Internet of Things and the Law: Legal Strategies for Consumer-Centric Smart Technologies

Internet of Things and the Law: Legal Strategies for Consumer-Centric Smart Technologies is the most comprehensive and up-to-date analysis of the legal issues in the Internet of Things (IoT). For decades, the decreasing importance of tangible wealth and power – and the increasing significance of their disembodied counterparts – has been the subject of much legal research. For some time now, legal scholars have grappled with how laws drafted for tangible property and predigital ‘offline’ technologies can cope with dematerialisation, digitalisation, and the internet. As dematerialisation continues, this book aims to illuminate the opposite movement: rematerialisation, namely, the return of data, knowledge, and power within a physical ‘smart’ world. This development frames the book’s central question: can the law steer rematerialisation in a human-centric and socially just direction? To answer it, the book focuses on the IoT, the sociotechnological phenomenon that is primarily responsible for this shift. After a thorough analysis of how existing laws can be interpreted to empower IoT end users, Noto La Diega leaves us with the fundamental question of what happens when the law fails us and concludes with a call for collective resistance against ‘smart’ capitalism

AI & IP Innovation & Creativity in an Age of Accelerated Change

From a glimmer in the eye of a Victorian woman ahead of her time, AI has become a cornerstone of innovation that “will be the defining technology of our time.” Around 2016, the convergence of computing power, funding, data, and open-source platforms tipped us into an AI-driven 4IR. AI can make a difference in accelerating disruptive innovation by bringing a data-driven approach to invention and creation. To do so, the law must embrace change and innovation as an imperative in a journey towards an ever-shifting horizon. In the creative arts, the work for hire doctrine provides a pragmatic legal vehicle for interests to vest and negotiated by the commercial interests best placed to encourage investment in both the technology and its downstream uses. Like human-generated work, AI-generated work is an amalgam of mimicry mined from our own learning and experience. The training data it draws upon, both for expressive and non-expressive sues, are merely grist for AI’s mill. Consequently, fair use must be liberally applied to prevent holdup by copyright owners and stifle transformative uses enabled by AI. AI can also be used to decipher complex copyright infringement cases such as those involving musical compositions. In the technological arts, the controversy will revolve around who owns innovative breakthroughs primarily or totally attributed to AI. How should these breakthroughs affect the regard for the notion of PHOSITA? How does AI change the equation when it comes to infringement? And how can AI help save the patent system from obsolescence? In these, AI both enables and challenges how we reward individuals whose ingenuity, industry, and determination overcame the frailty of the human condition to offer us inventions that make our lives more efficient and pleasurable. It will take a clear-eyed view to ensure that copyright and patent laws do not impede the very progress they were designed to promote

Information retrieval and text mining technologies for chemistry

Efficient access to chemical information contained in scientific literature, patents, technical reports, or the web is a pressing need shared by researchers and patent attorneys from different chemical disciplines. Retrieval of important chemical information in most cases starts with finding relevant documents for a particular chemical compound or family. Targeted retrieval of chemical documents is closely connected to the automatic recognition of chemical entities in the text, which commonly involves the extraction of the entire list of chemicals mentioned in a document, including any associated information. In this Review, we provide a comprehensive and in-depth description of fundamental concepts, technical implementations, and current technologies for meeting these information demands. A strong focus is placed on community challenges addressing systems performance, more particularly CHEMDNER and CHEMDNER patents tasks of BioCreative IV and V, respectively. Considering the growing interest in the construction of automatically annotated chemical knowledge bases that integrate chemical information and biological data, cheminformatics approaches for mapping the extracted chemical names into chemical structures and their subsequent annotation together with text mining applications for linking chemistry with biological information are also presented. Finally, future trends and current challenges are highlighted as a roadmap proposal for research in this emerging field.A.V. and M.K. acknowledge funding from the European Community’s Horizon 2020 Program (project reference: 654021 - OpenMinted). M.K. additionally acknowledges the Encomienda MINETAD-CNIO as part of the Plan for the Advancement of Language Technology. O.R. and J.O. thank the Foundation for Applied Medical Research (FIMA), University of Navarra (Pamplona, Spain). This work was partially funded by Consellería de Cultura, Educación e Ordenación Universitaria (Xunta de Galicia), and FEDER (European Union), and the Portuguese Foundation for Science and Technology (FCT) under the scope of the strategic funding of UID/BIO/04469/2013 unit and COMPETE 2020 (POCI-01-0145-FEDER-006684). We thank Iñigo Garciá -Yoldi for useful feedback and discussions during the preparation of the manuscript.info:eu-repo/semantics/publishedVersio