Non-Fungible Tokens, Intellectual Property Rights, and Licensing Agreements
By AYLA ASHABOGLU
As we progress with lightning speed into the digital age, the growing prevalence of virtual property is resulting in the development of new business models, which bring about intricate challenges related to the application of intellectual property (“IP”) rights. Blockchain and related distributed ledger technologies continue to be a hot topic beyond the world of financial technology and cryptocurrencies, as the technology is increasingly being applied to new uses in intellectual property-heavy industries, particularly in brand protection and enforcement, marketing, and customer engagement. The urgency of analyzing issues around non-fungible tokens (“NFT”) arises – from the tokenization of assets; for example, the digital representation of real or physical assets on distributed ledgers is expected to accelerate not just the market for truly unique digital artifacts and personal property, but also fuel the decentralized finance (“DeFi”) market growth in return.
The market for NFTs has been growing tremendously. These not only have the potential to become new forms of property for owners, but also are evolving into new business models that allow artists, creators, and companies to capture value, touch new audiences, and realize novel income streams. However, NFTs raise complex IP issues, such as copyright and trademark infringement, in addition to problems involving traditional contract law’s application to new technologies.
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Protecting Mental Health Data Privacy in the Metaverse: How Does That Make You Feel?
By KEWA JIANG
The “metaverse” permeates current discussions about the future of technology and captured the public’s imagination of its potential uses. While the term “metaverse” is not new, the current iteration of the “metaverse” is in its nascent stage and lacks a definitive definition. In this paper,“the metaverse” will be defined as a collection of virtual, extended, and augmented reality technology that aims to create a persistent, blended digital and physical world. Another key element of the metaverse is interoperability: a user’s ability to move their data between different worlds within an all-encompassing digital universe. However, the current reality is that companies are creating their own insulated worlds that remain non-interoperable. Thus, “the metaverse” will be referred to as “metaverse platforms” in this paper.
One sector that is beginning to venture into the metaverse is the mental health industry ashealthcare providers, companies, and patients seek new ways to deliver and receive services. Prior to the COVID-19 pandemic in early 2020, 51.5 million adults aged eighteen or older were diagnosed with “any mental illness”in the United States in 2019. By 2020, 52.9 million adults aged eighteen or older in the United States were diagnosed with any mental illness. A report by the World Health Organization (WHO) estimates there is a 25% increase in the prevalence of anxiety and depression worldwide triggered by the pandemic. One factor is the disruption in mental health, neurological, and substance abuse services to patients due to social distancing rules and stay-at- home orders.
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When AI Takes Responsibility for its Actions
By HANNAH QUICKSELL
The future is here, and robots are interacting with the law in more human-like ways with each passing day. However, robots have no legal rights or duties under any legal system, and the lack of accountability is starting to cause problems.
In Switzerland, police “arrested” a bot that had purchased ecstasy.1 The bot, named Random Darknet Shopper, is given a weekly allowance of Bitcoin to go on a darknet shopping spree and then mail its purchases to two Swiss artists for their art installation.2 When police seized the bot, one of the artists said the officers were “a bit unclear who they could press charges against. They were unwilling to press charges against the bot. They decided that within the realm of art, it should be possible to look at such things within an exhibition.”
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