Transforming Fair Use Online: The Ninth Circuit's Productive-Use Analysis of Visual Search Engines

Courts have increasingly looked to the concept of “transformative use” to determine whether the use of a copyrighted work is protected under the fair use doctrine. Judge Pierre Leval's definition of transformative use, adopted by the Supreme Court of the United States in its 1994 opinion in Campbell v. Acuff-Rose Music, Inc., requires that a transformative use must (1) be socially beneficial, (2) be used in a different way or purpose from the original, and (3) add value to the original by using it as raw material to create something new. This article examines the fair use analysis undertaken by the United States Court of Appeals for the Ninth Circuit in two recent cases involving visual search engines and concludes that the court's test of transformative use ignored the language and the meaning of the Campbell definition and instead equated a finding of a different purpose with a finding of a transformative use. This departure from traditional transformative use analysis, if generally adopted by the court, would represent a significant and potentially troubling doctrinal shift in fair use analysis.     

TRENDS IN CHILD PROTECTION MEDIATION: RESULTS OF THE THINK TANK SURVEY AND INTERVIEWS

Several child protection conflict resolution program directors and researchers talked about how best to initiate a networking effort for their field. In September 2007, their conversations culminated in a Think Tank in Columbus, Ohio. This was a collaboration of judges, program directors, researchers, and representatives from national organizations that work in child protection. Participants felt this was a successful effort and that the meeting provided networking opportunities and many provocative discussions. In order to facilitate a meeting that would be meaningful for the Think Tank participants, input was solicited from as many constituent groups as possible. Surveys and interviews were completed in the summer of 2007, which shed light on themes that were ripe for discussion and improvement. This article details the survey and interview results and includes some brief comments from the Think Tank itself. Thoughts about future research in child protection conflict resolution are also provided.     

Evaluation of aortic injury in driver fatalities occurring in motor vehicle accidents in the State of Maryland for 2003 and 2004

Incorporating epidemiological and pathologic factors, a retrospective analysis of aortic injury and driving fatalities was conducted. To better understand the mechanism of injury, data were compiled for decedent demographics, autopsy and toxicology findings, and accident circumstances, with emphasis on directional impact. Review of the autopsy files of the Office of the Chief Medical Examiner in the State of Maryland in 2003 and 2004, identified 150 cases of aortic injury recorded in 537 autopsied drivers. Aortic lacerations occurred in 96% of the cases with aortic injury, two thirds of which were complete or near complete transections. A large percentage of cases involved a side impact collision. Consistent with extant research on frontal and lateral impacts, the majority of aortic injuries occurred at the ligamentum arteriosum. Also, the mechanism of aortic injury seems to be similar for side and frontal impact collisions, involving a combination of rapid deceleration forces along with chest and/or upper abdominal compression. This study emphasizes the importance of side impact collisions as a cause of aortic injury. Aortic lacerations have a high mortality rate and better motor vehicle design may prevent this type of injury.     

Civil Liberties and the Korean War

This article addresses the unsuccessful attempts to suppress free speech during the Korean War, and in particular explains the attempts to silence three reporters of alleged atrocities by United Nations forces. In the absence of carefully targeted legislation, the three individuals – Alan Winnington (a journalist), Monica Felton (a women's movement activist) and Jack Gaster (a solicitor) ‐ were threatened with or investigated for prosecution for treason or sedition, and Winnington was unable to renew his passport until 1968. Drawing heavily on archival sources (including MI5 files, which unusually fail to redact the identity of one of the lawyers who was reporting to Special Branch about Gaster's activities), the article explores the threat to civil liberties from the administrative as well as the legislative and the judicial power of the state. The article concludes by drawing contemporary parallels, and highlighting the continuing relevance of the writings of Winnington, Felton and Gaster.     

Microchip-based cell lysis and DNA extraction from sperm cells for application to forensic analysis

The current backlog of casework is among the most significant challenges facing crime laboratories at this time. While the development of next-generation microchip-based technology for expedited forensic casework analysis offers one solution to this problem, this will require the adaptation of manual, large-volume, benchtop chemistry to small volume microfluidic devices. Analysis of evidentiary materials from rape kits where semen or sperm cells are commonly found represents a unique set of challenges for on-chip cell lysis and DNA extraction that must be addressed for successful application. The work presented here details the development of a microdevice capable of DNA extraction directly from sperm cells for application to the analysis of sexual assault evidence. A variety of chemical lysing agents are assessed for inclusion in the extraction protocol and a method for DNA purification from sperm cells is described. Suitability of the extracted DNA for short tandem repeat (STR) analysis is assessed and genetic profiles shown. Finally, on-chip cell lysis methods are evaluated, with results from fluorescence visualization of cell rupture and DNA extraction from an integrated cell lysis and purification with subsequent STR amplification presented. A method for on-chip cell lysis and DNA purification is described, with considerations toward inclusion in an integrated microdevice capable of both differential cell sorting and DNA extraction. The results of this work demonstrate the feasibility of incorporating microchip-based cell lysis and DNA extraction into forensic casework analysis.