Beyond Neutrality: How Zero Rating Can (Sometimes) Advance User Choice, Innovation, and Democratic Participation

Over four billion people across the globe cannot afford Internet access. Their economic disadvantages are compounded by their inability to utilize the communicative, educational, and commercial tools that most Internet users take for granted. Enter zero rating. Mobile Internet providers in the developing world now waive the data charges for services like Facebook, Wikipedia, or local job-search sites. Despite zero rating’s apparent benefits, many advocates seek to ban the practice as a violation of net neutrality. This Article argues that zero rating is defensible by net neutrality’s own normative lights. Network neutrality is not about neutrality for its own sake, but about advancing consumer choice and welfare, innovation in the development of new services, and democratic participation in the public sphere. Analysis of zero rating should accordingly focus on the question of how it impacts these goals: we ought to embrace zero-rating programs that advance net neutrality’s substantive goals and reserve our skepticism for those services that would sacrifice the network’s generative potential to pursue mere short-term gains

Creativity Without IP? Vindication and Challenges in the Video Game Industry

This Article intervenes in the longstanding debate over whether creative production is possible without exhaustive copyright protection. Intellectual property (IP) scholars have identified “negative spaces” like comedy and tattoo art where creativity thrives without IP, but critics dismiss these examples as niche. The video game industry allows for fresh headway. It is now the largest sector in entertainment—with revenues greater than Hollywood, streaming, and music combined—yet IP does not protect key game elements from duplication. Participants navigate this absence using non-IP strategies like those identified in negative-space industries: AAA developers invest in copy-resistant features while indie game developers rely on community norms. The answer to whether creative production is possible within IP’s negative space even in a capital-intensive industry is thus a decisive yes. Studying this industry also compels us to go beyond surface-level questions of whether creative production is possible and to grapple with how the configuration of IP and non-IP protections shapes what is produced and how this configuration favors some creators over others. The industry likewise pushes us to recognize that the stability of these regimes is contingent on broader features of technology, the economy, and society at large. In fact, the industry has come full circle from a sector where copying plagued the industry, to one where it became a non-issue, to one where it has reemerged as a problem in mobile gaming. The video game industry is also crucial for study because it embodies the state of creative production in the information age. Scholarship has long treated legacy industries like Hollywood and music as paradigmatic without attending to the complex realities of modern creative production and the importance of going beyond IP to understand how these industries work. It is time we moved past the conceptual divide between “full IP” and negative spaces to interrogate the overlapping but partial legal protections across both sides of the line

Structuring Techlaw

Technological breakthroughs challenge core legal assumptions and generate regulatory debates. Practitioners and scholars usually tackle these questions by examining the impacts of a particular technology within conventional legal subjects — say, by considering how drones should be regulated under privacy law, property law, or the law of armed conflict. While individually useful, these siloed analyses mask the repetitive nature of the underlying questions and necessitate the regular reinvention of the regulatory wheel. An overarching framework — one which can be employed across technologies and across subjects — is needed.The fundamental challenge of tech-law is not how to best regulate novel technologies, but rather how to best address familiar forms of uncertainty in new contexts. Accordingly, we construct a three-part framework, designed to encourage a more thoughtful resolution of tech-law questions. It:(1) delineates the three types of tech-fostered legal uncertainty, which facilitates recognizing common issues;(2) requires a considered selection between permissive and precautionary approaches to technological regulation, given their differing distributive consequences; and(3) highlights tech-law-specific considerations when extending extant law, creating new law, or reassessing a legal regime.This structure emphasizes the possibility of considered and purposeful intervention in the iterative and co-constructive relationship between law and technology. By making it easier to learn from the rich history of prior dilemmas and to anticipate future issues, this framework enables policymakers, judges, and other legal actors to make more just and effective regulatory decisions going forward

Willard Hurst\u27s Unpublished Manuscript on Law, Technology, and Regulation

It is with a great deal of excitement ( and with thanks to so many contributing colleagues and collaborators over the years ) that we are able to present to the public for the first time a newly published work by one of the great originators of modem legal history and law and society scholarship-James Willard Hurst. Hurst published his last two books, Law and Markets in United States History and Dealing with Statutes, in 1982. And, fittingly, he published his last substantive article--.-a very short comment on The Use of Case Histories -in the Wisconsin Law Review in 1992. In the latter, Hurst took one final parting shot at traditional legal scholarship focused on tales of conspicuous political or constitutional controversies as well as conventional legal histories that tell only of great events and star actors. As a pioneer of both the Wisconsin school of law and society and the Wisconsin monographic tradition in legal history research, Hurst\u27s interests were different. He aimed instead at the larger questions and the deeper causation reflected in the analytical categories that pervaded his mature work: sequence and context, particularity and generality, structures and functions, values and interests, and drift and direction

Chapter Eight - Technology and the Law: The Automobile (by James Willard Hurst)

In this chapter we are going to talk about some of the automobile effects that it has had. Upon the law, and some of the effects that the law has had upon the automobile. We could undoubtedly open up some worthwhile lines of thought, if we talked about the automobile in relation to, certain brooder problems of which it is a part: for example, the effects of the internal combustion the growth engine, or of all types of communication. But we shall have enough on our hands if we stick to the automobile, and even so in the limits of this chapter, we can discuss at any length only the relation of the law and the passenger car. Of the 32 million registered motor vehicles in the United States in 1940, substantially over 27 million were passenger cars, and a little under four and one-half million were motor trucks. Until the middle 1920s the proportion of trucks to passenger cars was much lower than this. Not only as the passenger the center of the auto problem as a matter of gross figures; it was likewise the main aspect of the problem that men saw and reacted to. We may properly focus on it when we try to retrace paths of the law\u27s responses to the motor vehicle

Prevalence and dynamics of ribosomal DNA micro-heterogeneity are linked to population history in two contrasting yeast species

Despite the considerable number and taxonomic breadth of past and current genome sequencing projects, many of which necessarily encompass the ribosomal DNA, detailed information on the prevalence and evolutionary significance of sequence variation in this ubiquitous genomic region are severely lacking. Here, we attempt to address this issue in two closely related yet contrasting yeast species, the baker's yeast Saccharomyces cerevisiae and the wild yeast Saccharomyces paradoxus. By drawing on existing datasets from the Saccharomyces Genome Resequencing Project, we identify a rich seam of ribosomal DNA sequence variation, characterising 1,068 and 970 polymorphisms in 34 S. cerevisiae and 26 S. paradoxus strains respectively. We discover the two species sets exhibit distinct mutational profiles. Furthermore, we show for the first time that unresolved rDNA sequence variation resulting from imperfect concerted evolution of the ribosomal DNA region follows a U-shaped allele frequency distribution in each species, similar to loci that evolve under non-concerted mechanisms but arising through rather different evolutionary processes. Finally, we link differences between the shapes of these allele frequency distributions to the two species' contrasting population histories

The fragmented COVID-19 therapeutics research landscape: a living systematic review of clinical trial registrations evaluating priority pharmacological interventions. [version 1; peer review: 1 approved]

Background: Many available medicines have been evaluated as potential repurposed treatments for coronavirus disease 2019 (COVID-19). We summarise the registered study landscape for 32 priority pharmacological treatments identified following consultation with external experts of the COVID-19 Clinical Research Coalition. Methods: All eligible trial registry records identified by systematic searches of the World Health Organisation International Clinical Trials Registry Platform as of 26th May 2021 were reviewed and extracted. A descriptive summary of study characteristics was performed. Results: We identified 1,314 registered studies that included at least one of the 32 priority pharmacological interventions. The majority (1,043, 79%) were randomised controlled trials (RCTs). The sample size of the RCTs identified was typically small (median (25th, 75th percentile) sample size = 140 patients (70, 383)), i.e. individually powered only to show very large effects. The most extensively evaluated medicine was hydroxychloroquine (418 registered studies). Other widely studied interventions were convalescent plasma (n=208), ritonavir (n=189) usually combined with lopinavir (n=181), and azithromycin (n=147). Very few RCTs planned to recruit participants in low-income countries (n=14; 1.3%). A minority of studies (348, 26%) indicated a willingness to share individual participant data. The living systematic review data are available at https://iddo.cognitive.city Conclusions: There are many registered studies planning to evaluate available medicines as potential repurposed treatments of COVID-19. Most of these planned studies are small, and therefore substantially underpowered for most relevant endpoints. Very few are large enough to have any chance of providing enough convincing evidence to change policies and practices. The sharing of individual participant data (IPD) from these studies would allow pooled IPD meta-analyses which could generate definitive conclusions, but most registered studies did not indicate that they were willing to share their data