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Trademark Vigilance in the Twenty-First Century: An Update

The trademark laws impose a duty upon brand owners to be vigilant in policing their marks, lest they be subject to the defense of laches, a reduced scope of protection, or even death by genericide. Before the millennium, it was relatively manageable for brand owners to police the retail marketplace for infringements and counterfeits. The Internet changed everything. In ways unforeseen, the Internet has unleashed a tremendously damaging cataclysm upon brands—online counterfeiting. It has created a virtual pipeline directly from factories in China to the American consumer shopping from home or work. The very online platforms that make Internet shopping so convenient, and that have enabled brands to expand their sales, have exposed buyers to unwittingly purchasing fake goods which can jeopardize their health and safety as well as brand reputation. This Article updates a 1999 panel discussion titled Trademark Vigilance in the Twenty-First Century, held at Fordham Law School, and explains all the ways in which vigilance has changed since the Internet has become an inescapable feature of everyday life. It provides trademark owners with a road map for monitoring brand abuse online and solutions for taking action against infringers, counterfeiters and others who threaten to undermine brand value

Regulating Habit-Forming Technology

Tech developers, like slot machine designers, strive to maximize the user’s “time on device.” They do so by designing habit-forming products— products that draw consciously on the same behavioral design strategies that the casino industry pioneered. The predictable result is that most tech users spend more time on device than they would like, about five hours of phone time a day, while a substantial minority develop life-changing behavioral problems similar to problem gambling. Other countries have begun to regulate habit-forming tech, and American jurisdictions may soon follow suit. Several state legislatures today are considering bills to regulate “loot boxes,” a highly addictive slot-machine- like mechanic that is common in online video games. The Federal Trade Commission has also announced an investigation into the practice. As public concern mounts, it is surprisingly easy to envision consumer regulation extending beyond video games to other types of apps. Just as tobacco regulations might prohibit brightly colored packaging and fruity flavors, a social media regulation might limit the use of red notification badges or “streaks” that reward users for daily use. It is unclear how much of this regulation could survive First Amendment scrutiny; software, unlike other consumer products, is widely understood as a form of protected “expression.” But it is also unclear whether well-drawn laws to combat compulsive technology use would seriously threaten First Amendment values. At a very low cost to the expressive interests of tech companies, these laws may well enhance the quality and efficacy of online speech by mitigating distraction and promoting deliberation

Hacking the social life of Big Data

This paper builds on the Our Data Ourselves research project, which examined ways of understanding and reclaiming the data that young people produce on smartphone devices. Here we explore the growing usage and centrality of mobiles in the lives of young people, questioning what data-making possibilities exist if users can either uncover and/or capture what data controllers such as Facebook monetize and share about themselves with third-parties. We outline the MobileMiner, an app we created to consider how gaining access to one’s own data not only augments the agency of the individual but of the collective user. Finally, we discuss the data making that transpired during our hackathon. Such interventions in the enclosed processes of datafication are meant as a preliminary investigation into the possibilities that arise when young people are given back the data which they are normally structurally precluded from accessing

The Landscape of Salesforce for Nonprofits: A Report on the Current Marketplace for Apps

Do you use Salesforce as a Constituent Relationship Management database at your organization, or are you considering it? Since it launched in 1999, more than 20,000 nonprofits have employed the cloud-based system, which is made available to them for free through the philanthropic Salesforce Foundation. What's the catch? Making such a powerful system work for the particular needs of a nonprofit isn't always straightforward. This report can tell you everything you need to know.What's in it? To learn more about the benefits and drawbacks of Salesforce, we interviewed nine prominent consultants specializing in implementing Salesforce for nonprofits along with several members of the Salesforce.com Foundation about what the platform does well, and what you'll want to add to it to suit your needs. We evaluated some of the constituent management packages built on top of Salesforce, including the Salesforce Foundation's Nonprofit Starter Pack, which is aimed at turning the sales automation platform into a tool for nonprofits. We also took a look at the universe of add-ons to the base Salesforce platform -- called "apps" because of Salesforce's online marketplace, the App Exchange -- to find out which might be useful to support a nonprofit's processes.The goal for this report was to break down misconceptions about the tool and to collect disparate information in one place to help you make informed decisions. Whether you're already using Salesforce, are thinking about adopting it, or have yet to even consider it, there's information here for you.What's more, we've included a directory of consultants or firms with experience working with nonprofits to implement Salesforce and the additional App Exchange modules that we cover in this report to make it easier for you to find the help you'll need

Mining Mobile Youth Cultures

In this short paper we discuss our work on coresearch devices with a young coder community, which help investigate big social data collected by mobile phones. The development was accompanied by focus groups and interviews on privacy attitudes, and aims to explore how youth cultures are tracked in mobile phone data

Maths Apps index #maths4us Project Report

This report provides an overview of the Maths Apps index project led by the Association for Learning Technology (ALT) as part of the maths4us initiative during 2012/13

Accessing the mobile web: myth or reality?

Emerging technologies for learning report - Article exploring open web standard

Third Party Tracking in the Mobile Ecosystem

Third party tracking allows companies to identify users and track their behaviour across multiple digital services. This paper presents an empirical study of the prevalence of third-party trackers on 959,000 apps from the US and UK Google Play stores. We find that most apps contain third party tracking, and the distribution of trackers is long-tailed with several highly dominant trackers accounting for a large portion of the coverage. The extent of tracking also differs between categories of apps; in particular, news apps and apps targeted at children appear to be amongst the worst in terms of the number of third party trackers associated with them. Third party tracking is also revealed to be a highly trans-national phenomenon, with many trackers operating in jurisdictions outside the EU. Based on these findings, we draw out some significant legal compliance challenges facing the tracking industry.Comment: Corrected missing company info (Linkedin owned by Microsoft). Figures for Microsoft and Linkedin re-calculated and added to Table