Issue 3
Generative AI’s Illusory Case for Fair Use
May. 25, 2025—Jacqueline C. Charlesworth | 27 Vand. J. Ent. & Tech. L. 323 (2025) Pointing to Authors Guild, Inc. v. Google Inc., Authors Guild, Inc. v. HathiTrust, Sega Enterprises Ltd. v. Accolade, Inc. and other leading technology-driven fair use precedents, artificial intelligence (AI) companies and those who advocate for their interests claim that mass unauthorized reproduction...
Data Portability Revisited: Toward the Human-Centric, AI-Driven Data Ecosystems of Tomorrow
May. 25, 2025—Mark Fenwick, Michael Fertik, Paulius Jurcys & Timo Minssen | 27 Vand. J. Ent. & Tech. L. 373 (2025) This Article critically examines the contemporary regulatory framework and discourse surrounding data portability in the United States. Using recent regulatory developments in the European Union as an illustration, this Article suggests that although data access and...
Google’s Chrome Antitrust Paradox
May. 25, 2025—Shaoor Munir, Konrad Kollnig, Anastasia Shuba & Zubair Shafiq | 27 Vand. J. Ent. & Tech. L. 419 (2025) This Article examines Google’s dominance of the browser market, highlighting how Google’s Chrome browser plays a critical role in reinforcing Google’s dominance in other markets. While Google portrays Chrome as a neutral platform built on open-source...
A Unicorn No More? The No-Trade Clause and its Potential to Reshape NBA Contractual Negotiations
May. 25, 2025—Paul Gerstle | 27 Vand. J. Ent. & Tech. L. 523 (2025) The no-trade clause, which, in the simplest of terms, allows a player to block his organization from trading him, is somewhat of a unicorn in NBA contractual circles. It has been sparsely used in the National Basketball Association (NBA) history, and there are...
The Sports-Betting Market: A Road to Sports Betting as Viable Investing
May. 25, 2025—Tyler Gottlieb | 27 Vand. J. Ent. & Tech. L. 553 (2025) Since its legalization, sports betting has experienced rapid growth, both in terms of economic output and expansion into more states. The current system of sports betting in the United States requires individuals to place bets using a sportsbook. The sportsbook sets the lines on...
Dangerous Digital Standing: Applying Spokeo and TransUnion to Online Privacy Harms
May. 25, 2025—Michael E. Ten Eyck | 27 Vand. J. Ent. & Tech. L. 589 (2025) In recent years, the California Invasion of Privacy Act (CIPA) has been used to sue website-holding companies for utilizing chat bots that record online conversations. Such claims have already generated high-profile class actions and multidistrict litigations, with many more expected. Because...