{Condensed} Berkeley Law & Technology Journal

"MagicMachineTM" Does it Again

https://www.law.berkeley.edu/library/ir/btlj/

Summarized, the latest edition of the Berkeley Law & Technology Journal [Volume 39, Issue 1], in the event anything piques your interest it is above…

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The Berkeley Technology Law Journal's Volume 39, Issue 1 of 2024 delves into various legal and technological topics, offering insightful articles by different authors. The document begins by advocating for a unified automated vehicle law and regulation in the United States to address flaws in state product liability laws. It explores the benefits and challenges of automated vehicles, highlighting the involvement of companies like Waymo, NAVYA, Magna, Volvo, and Baidu in developing Level 4 vehicles. The SELF DRIVE Act and AV START Act's attempts at unifying the regulatory scheme are critiqued for lacking updates to the FMVSS and guidance, with two Arizona cases serving as examples.

The discussion on product liability emphasizes the importance of addressing defective products through consumer expectations and risk-utility tests. Various proposed solutions for regulating automated vehicles, such as insurance, FMVSS, uniform laws, and hands-off approaches, are examined. The call is made for Congress to establish a comprehensive federal AV law preempting state regulations, including intangible items like software under product liability, with manufacturers required to prove adherence to specifications.

Another article delves into the implications of social platforms and smartphones on individual rights and public interests, particularly focusing on Big Tech's attention-surveillance business model. The complexities of social platform terms-of-use (TOUs) are analyzed using corpus linguistics, revealing declining readability scores and varying syntactic complexity. The impact of arbitration clauses and class waivers on consumer transactions and costs is discussed, along with the benefits and challenges of data sharing for research purposes.

The document also addresses the importance of researchers accessing social media data for studying topics like extremism, child welfare, and free speech. It argues for a regulatory pathway to facilitate meaningful researcher access while safeguarding privacy and promoting innovation. The value of sharing clinical trial data, the challenges posed by legal barriers, and the need for government regulation to compel social media companies to share data are highlighted.

Furthermore, the text touches on the evolution of intellectual property laws, including the SCPA of 1984 and subsequent acts like the Audio Home Recording Act of 1991 and the American Copyright Rights Act of 1992. Trademark law discussions focus on issues like free riding, trademark infringement, and the importance of acquired trademark distinctiveness in limiting free riding. The document also references specific cases and legislative actions related to trademark and intellectual property rights.

In conclusion, the Berkeley Technology Law Journal's Volume 39, Issue 1 provides a comprehensive exploration of legal and technological issues, offering valuable insights into the evolving landscape of automated vehicles, social media data access, intellectual property laws, and trademark regulations. The articles within the document contribute to a deeper understanding of the intersection between technology and the law, advocating for regulatory frameworks that balance innovation, consumer protection, and privacy considerations.