Document: - Miami



FACT PATTERN FOR ALL QUESTIONS (Date = 2076)

Background: VLSDs: “Virtual reality (VR) is a computer technology that uses … headsets or multi-projected environments, sometimes in combination with physical environments or props, to generate realistic images, sounds and other sensations that simulate a user's physical presence in a virtual or imaginary environment. A person using virtual reality equipment is able to "look around" the artificial world, and with high quality VR move around in it and interact with virtual features or items.” -- Wikipedia (2017)

In the 2040s, VR technicians developed a safe and inexpensive device called a “V-Wire” that could be inserted under a person’s skin behind their ear allowing VR systems to connect directly with the brain. As a result, the technicians were able to add smells and tastes to the VR experience.

By the U.S. Tri-Centennial in 2076, variations on VR systems were as common here as smart phones and wide screen TVs had been 60 years earlier. Most adults had V-Wires and most households had VR tanks in which one person could lie down enclosed cutting off external stimuli while using VR. Many residences also had special rooms where several people could share a VR experience simultaneously.

[BKGD] From the earliest days of VR, musicians created VR experiences for their songs that operated like hi-tech music videos. However, even with advances in technology, crafting original VR products for three-minute songs proved expensive and these products did not develop a wide audience.

In the early 2050s, to try to create a cheaper VR experience for music-listeners, VR technicians developed programs that, when used in conjunction with any piece of music, produced visual displays and scents triggered by its rhythm and tones. Thus, people could get a different sensory experience from every item in their music library, although all the experiences from a particular program would have common elements. For example, a program called “Rock Us Reindeer” always produced variations of dancing reindeer (in different colors and sizes against several different backgrounds) and Christmas-related scents (e.g., evergreen, scented candles, holiday dinners). A quite different (but immensely popular) genre of program called “Easy Listening,” consisted of relaxing smells and abstract slow-moving visuals. Collectively, the programs became known as Visual Light & Scent Displays, or VLSDs (in part because many of the programs were said to resemble “Acid Trips” created by the drug LSD). Creators of the programs were called VLSD artists.

The “Rabbit Hole” Custom: VLSD artists initially had trouble attracting significant financial backing, because investors were concerned about uncertainty of the scope of ownership rights for the new technology. This uncertainty was heightened when, shortly after VLSDs were developed, a U.S. Senator noted for her anti-drug politics convinced Congress to amend federal law to exclude VLSDs from any copyright protection. In 2076, that federal provision remained in place and no state had developed any law about ownership of VLSDs. However, despite the lack of legal rules, the industry grew due to new helpful technology and an accompanying custom.

The key technology was a program that could compare two VLSDs and determine if there was substantial similarity (defined as a 95.5% overlap in programming code). By 2054, the creators of this program had started a company called “Rabbit Registration.” The company stored information on all VLSDs it had previously registered. When artists created new VLSDs, they would submit them to Rabbit, which would approve them if they were not substantially similar to an already registered program. Once their VLSD was approved, artists would pay a small fee and receive an access code to install their programming. The access code was good for 5 years, and could be renewed for additional five-year periods, but renewals were infrequent because consumers rarely stayed interested in particular VLSDs for very long.

By 2058, this process was so deeply ingrained that almost all of the relevant equipment available to consumers would not play VLSDs unless they had an access code from Rabbit. This industry custom became known as “The Rabbit Hole” because going through Rabbit was the only way to get into the “Wonderland” of retail sales.

The custom, never incorporated into any law, was still in use in 2076 and was generally seen as successful. Most of the programs blocked were in fact very much like ones that were registered, although occasionally Rabbit blocked some programs that looked quite different in practice. Usually, when this happened, the blocked programmers were able to make enough programming changes to avoid the block without seriously altering the feel of their VLSD.

Dispute Between Alyssa and K.C. Alyssa Anthony and K.C. Phillips are VLSD Artists who were college roommates in the early 2060s. Their most memorable experience together took place camping out in Yosemite National Park. They sat on a mountainside watching the sun set and the stars come out breathing in the smells of the alpine forest. They promised each other that, when their training was complete, they’d create a VLSD to share their “perfect night.”

After college, Alyssa became a free-lance artist helping create VR programming for musical groups. She also successfully created and sold VLSDs on her own behalf. Alyssa sometimes worked on her version of a “perfect night” VLSD, but was never very satisfied with her results.

Meanwhile, K.C. spent the yeas after college working for large companies, helping to create their VR products. In 2073, she was able to start her own company and spend a little time on her own “perfect night” VLSD. By late 2075, K.C.’s company was doing well and she could afford to have some employees help her to implement her “Perfect Night” ideas.

In March 2076, K.C. thought the program (called “Mountains Majesty”) was nearly done and let Alyssa try it. Alyssa generally liked it a lot, but thought it failed to capture the purple colors they had seen. KC agreed but said that she thought she had time to fix it before the scheduled release date of June 14. By late April, K.C. was still unhappy with the purple color and postponed the scheduled release to June 28. The night of June 27, K.C. was still not satisfied. She stayed up until almost dawn tinkering with the program, but gave up after making no significant changes.

Meanwhile, in early April, Alyssa began a four-month trip to Asia doing work for clients. She had a couple of days off late in June, and began tinkering with her earlier version of the “perfect night” video. In the middle of the time K.C. was doing her own final tinkering, Alyssa completed something she quite liked (called “Sierra Sunrise”). Unaware that K.C. had postponed her release date, Alyssa submitted the program to Rabbit Hole to see if it was close enough to K.C.’s version to get blocked. When Rabbit Hole accepted her program, she went ahead and registered it.

On the morning of June 28, K.C was surprised when Rabbit Hole blocked her registration of “Mountains Majesty” and astounded when she found out that the program that pre-empted her was Alyssa’s. When she began their next conversation with the phrase, “God-Damned Sneak Thief” any hope for peaceful settlement was lost.

Dispute Between Orange Operating Systems and Fernando : Orange Operating Systems (OOS), a pioneer in producing VLSDs, is a large company producing a variety of high tech products. In 2055, they created and released “Rock Us Reindeer” (described on page 3), one of the first VLSDs to use the Rabbit Hole custom. “Rock Us Reindeer” proved to be one of the few VLSDs to remain popular for more than a couple of years and OOS renewed its Rabbit Registration in 2060, 2065 and 2070. The program’s popularity slowly faded and OOS did not renew in 2075.

That same year, the company produced and registered an Easy Listening VDSL called “Beach Breeze” that was initially a hit with critics and ordinary purchasers alike. Unfortunately, when the program encountered certain usual tones (e.g., some notes on Tubas and very deep male voices), it created a very nasty smell. Although OOS tried to warn buyers to avoid music containing those tones, after repeated complaints it removed “Beach Breezes” from its Websites and Apps and refused to take orders for it.

[Fernando Michaels first fell in love with VLSDs when his family purchased a copy of Rock Us Reindeer when he was ten. He immediately began doing programming and became famous as a teenager for his ability to recreate a particular VLSD after experiencing it only a few times. He would test himself by submitting his recreation to Rabbit Registration to see if he came close enough to the original that the Rabbit Hole would block him (it almost always would).

As an adult, Fernando spent most of his time reviewing new VLSDs and his posted reviews were highly influential. He also occasionally created and sold his own original VLSDs. Fernando had put both “Rock Us Reindeer” and “Beach Breeze” on his list of highly recommended VLSDs, but began hearing from his readers that they were no longer available. He put together nearly exact versions of both programs. Although the Rabbit Hole blocked his version of “Beach Breeze,” he was able to register his version of “Rock Us Reindeer” and sold it with proper disclaimers that it was not the OOS original. Nevertheless, OOS contacted him and asked him to stop producing “Rock Us Reindeer” and refused his request to distribute “Beach Breeze.” They were unable to reach any compromise and litigation ensued.

READING PERIOD ONE HOUR; THEN WRITING TIME 2.5 HOURS

QUESTION I: For Question I, you must answer all three of the Sub-Questions listed below, each of which is based on the Fact Pattern located on the next four pages. The suggested writing time is 30 minutes for each Sub-Question. Assume that a court resolving disputes like those described in the Fact Pattern could order Rabbit Registration to issue the necessary access codes to whichever party the court decides has property rights.

SubQuestion 1A: Assuming the “Rabbit Hole” Custom is not legally binding, discuss whether in the dispute described above, under the First Possession Animals Cases, K.C. already had acquired property rights to “Mountains Majesty” before Alyssa completed “Sierra Sunset.” Assume that ownership of one of these programs necessarily constitutes ownership of the other.

SubQuestion 1B: Discuss whether, in resolving disputes like the one between Alyssa and K.C., under the Custom Analysis in the Animals Cases, the portion of the “Rabbit Hole” Custom addressing initial ownership of VLSDs should be treated as legally binding. Assume that, to decide this question, a court would not have to address the validity of renewable five-year periods of ownership.

SubQuestion 1C: Assuming the “Rabbit Hole” Custom is not legally binding, discuss whether in the dispute described above, under the Escaping Animals Cases, Orange Operating Systems (OOS) still has property rights in “Rock Us Reindeer” and/or “Beach Breeze” and can prevent Fernando from distributing versions of these programs. Assume that OOS is the original owner and that only one of the parties can own rights to one of these VLSDs at any one time.

QUESTION 2: You must also answer this question, which is based on the same Fact Pattern. The suggested writing time is 60 minutes. Discuss whether the Escaping Animals Cases constitute a useful set of tools for resolving disputes like the one between OOS and Fernando over when and whether other parties can distribute VLSDs substantially similar to programs first created and marketed by someone else. Assume that, in the vast majority of cases, original ownership will be undisputed. Assume that the portion of the “Rabbit Hole” Custom creating renewable five-year periods of ownership does not apply. However, if you’d like, you may address time limits on ownership (renewable or otherwise) as alternatives to the Escaping Animals cases.

(COURSE SYLLABUS ATTACHED AFTER QS)

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download