Richmond Journal of Law and Technology

The first exclusively online law review.

From Paramount to Prime: The Battle for Theaters in a Streaming Age

From Paramount to Prime: The Battle for Theaters in a Streaming Age

By: Brooke Gerber

At this year’s Academy Awards, Sean Baker’s Anora dominated the evening, winning a total of five Oscars – an impressive feat for the independent film.[1] Now that Hollywood’s biggest night has come to a close, Baker’s acceptance speech for Best Director stands out as one of the highlights of the evening, criticizing streaming services for their monopolistic impact on the film industry.

Taking the stage for the third time that night, Baker made a self-proclaimed “battle cry,” pleading for filmmakers to continue making films for the big screen rather than succumbing to the allure of streaming.[2] Audiences have witnessed the cinema experience decline throughout the past decade, especially following the onset of the pandemic. Baker referred to this phenomenon in his speech, highlighting that upward of 1,000 movie screens have shut down in the United States since 2020 – “right now, the theatre-going experience is under threat,”[3] he exclaimed.

If I own my land, why can’t I build an earthship?

 

If I own my land, why can’t I build an earthship?

How building codes and zoning laws slow down advancements in sustainable architecture.

By: Emily Downey

If you’re like me, you may have seen some news recently about how engineers, architects, and builders are utilizing new (and old) building techniques to respond to the challenges presented by a changing climate. Be it fire resilient design in California[1], integration of green technology such as solar and water reclamation[2], or the proliferation of tiny homes[3], many are turning to smarter and more energy efficient methods when it comes to building their dream home.

But innovation often comes with legal challenges. One of the most poignant examples has been the difficulty faced by architects in California having to adapt fire resistant designs to existing building codes.[4] While some states are taking measures to attempt to ease the way for green design and face popular support, progress can be slow.[5] This is partially because building codes and zoning laws are highly localized, meaning that broad measures often do not address more granular issues like City ordinances and neighborhood covenants and restrictions.[6] To see how these challenges can be overcome, we can look to lessons learned from an oddly named pioneer of the green home movement: the earthship.

What is an earthship?

Earthships are the invention of New Mexico architect Michael Reynolds, who built the first earthship in the 1970s as a way to solve problems with both rubbish accumulation and affordable housing.[7] He did this by doing something novel and strange—building a house out of garbage.[8] While a garbage home doesn’t initially sound appealing, Reynolds’ design soon amassed a following, especially in areas around Taos, New Mexico.[9] Reynolds pioneered a building technique using earth, tires, and “bricks” made of discarded cans to create hyper-modern edifices that are virtually indestructible and come with a myriad of green perks.[10] The homes allow occupants to live entirely or almost entirely off grid, are super-efficient to heat and cool, and come with novel water reclamation systems in place.[11] The homes can also be affordable, as they emphasize the use of local and often discarded materials and provide for onsite food production[12]

Game Changing Tech and Regulations

Game Changing Technology and Regulations: How AI is Reshaping Online Sports Betting and What the U.S. May Do About It

By: Chelsea Mojica

Since its legalization, online sports betting has made its mark on professional sports.[1] Sports betting is an activity that allows gamblers to predict the outcomes of future sporting events in conjunction with monetary wagers.[2] Bookmakers—teams comprised of sports experts, analysts, and statisticians—set the initial betting odds for the public, relying on complex mathematical calculations, statistical models, and historical data.[3] The lower the probability of an event happening, the bigger the potential monetary reward.[4] When the sporting event begins, the odds may fluctuate, similar to the stock market.[5] However, odds can lack uniformity among sportsbooks, allowing bettors to receive more cash rewards through some sportsbooks than others.[6] Consequently, AI has integrated itself into the betting world in an attempt to expedite and protect an arduous odds-making process.[7]

Sweet Deal or Sweet Scam? How Honey is Allegedly Hurting Content Creators’ Commissions

Sweet Deal or Sweet Scam? How Honey is Allegedly Hurting Content Creators’ Commissions

By: Anneliese McInniscoiny-paypal-1-dragged-e1684957590871.jpg

About 17 million consumers have downloaded Honey, PayPal’s free browser extension that finds the “best” deals and coupons to help you save money.[1] However, under Honey’s sweet facade lies an alleged commission-poaching scheme that has harmed content creators, influencers, and bloggers who earn revenue from online-shoppers using their affiliate links.[2]

Many content creators earn commission through product promotion and rely on affiliate marketing to generate revenue.[3] Affiliates earn commission by generating sales from consumers who use the affiliate’s assigned link.[4] Affiliates get credit for referring customers through tracking technology, which most people know as cookies.[5] “When a consumer clicks on an affiliate link, a cookie is placed in their browser. If that consumer makes a purchase, the affiliate responsible for the last-clicked link earns a commission.”[6] This model is called “last-click attribution.”[7]

Building a Digital Future: Is America Ready for a Federal Digital Bill of Rights?

Building a Digital Future: Is America Ready for a Federal Digital Bill of Rights?

By: Evan Lees

In 2014, the Supreme Court issued a landmark ruling in Riley v. California, mandating that law enforcement obtain a warrant before searching digital information and underscoring the critical need for privacy protections in the digital age.[1]

With the rise of data breaches, expansion of Big Tech companies, and continued advancement of technology designed to steal online information, Americans are now desperate for a modern legal framework to protect their rights online. A study conducted by Ipsos found that “over 80% of Americans were concerned with the safety and privacy of their online data. Another study found that over 70% of Americans support establishing national standards for how companies collect personal data and support treating data privacy for individuals as a national security threat.”[2]

A nationwide digital bill of rights could be the solution.

Why Do Companies Get to Profit Off My Period Cramps?

Why Do Data Companies Get to Profit Off My Period Cramps?

By: Mollie Turczyn

Data autonomy is premised on the ideology of having free control over your own actions, beliefs, and desires.[1] Generally speaking, autonomy provides a safe space for individuals to experiment with a set of choices instead of being confined to a singular result.[2] As such, individuals are able to think freely, form their own opinion, and make the choice that best aligns with their own belief system without fear of punishment.[3] Thus, autonomy is a key cornerstone of a democratic society.[4] Therefore, a democratic society is threatened when the government eliminates the set of choices to the point there is only one outcome to which an individual is confined.[5]

Is Time up on TikTok?

Is Time Up for TikTok?

By: Rebecca Herzog

With over 170 million U.S. users, TikTok has a chokehold on the American public.[1]  Although the popular social media platform has had immense success, it has also faced years of controversy and criticism in the United States. The U.S. government has fought across presidential administrations to either ban or force the sale of the app to an American company.  This post examines the use of an executive order to force a sale and what such an order might mean for the future of TikTok and U.S. government compliance.

Living in a Fantasy: How Fantasy Sports Leagues Circumvent Most Gambling Laws

Living in a Fantasy: How Fantasy Sports Leagues Circumvent Most Gambling Laws

By: Nadia Farashahi

fantasy sports betting

In the past decade or two, the way people engage with sports has shifted from physical participation to digital experiences. Technology has enabled fans to incorporate both professional and amateur events in their personal entertainment.[1] Many people are acquainted with betting on game outcomes in the style of Las Vegas. Now, modern technologies have also “facilitated vicarious involvement by allowing sports fans to become ‘part of the action’ by engaging in fantasy sports.”[2] Fantasy sports leagues are contests where participants compete against one another using fictional teams. These fictional teams are “arranged in virtual leagues and are comprised of actual athletes who are deemed to ‘play’ for them.”[3] Outcomes are based on preset scoring systems linked to the statistical performance of players in actual sporting events.[4]

Strategic Patenting Stifles Antibiotic Innovation

Strategic Patenting Stifles Antibiotic Innovation

By: Brian Wilmans

Antibiotics are one of humanity’s greatest discoveries. They’ve made it possible to eradicate instances where a cut on a finger could turn fatal due to bacterial infection.

However, today, antibiotics are losing their efficacy. The CDC tracked seven different strains of antibiotic-resistant bacteria from 2019-2022, and six out of the seven increased their prevalence by 20 percent.[1] Overprescription of antibiotics is certainly a contributing factor in the increase in resistance, but another factor is the decreased number of new antibiotic classes being brought to market. Since the first antibiotic, penicillin, was discovered in 1940, the largest gap between new types of antibiotics being invented had been 13 years.[2] We are now in year 15 since the last novel class of antibiotic was created. There are myriad reasons for that, from funding for R&D to decreased profit margin for pharmaceutical companies. However, another reason for it that may be more on the periphery: pharmaceutical companies’ practice of strategic patenting.

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