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Lost in the Cloud: Information Flows and the Implications of Cloud Computing for Trade Secret Protection
by Sharon K. Sandeen
19 Va. J.L. & Tech. 1 (2014)   View PDF

This Article explores whether trade secrets lose their status as trade secrets by being uploaded to computer servers owned by cloud service providers. Although some think this question can be answered easily by determining if the information is subject to reasonable efforts to maintain ... [show]
This Article explores whether trade secrets lose their status as trade secrets by being uploaded to computer servers owned by cloud service providers. Although some think this question can be answered easily by determining if the information is subject to reasonable efforts to maintain its secrecy, due to the third party doctrine of trade secret law and the practices of cloud service providers, the answer is not so simple. The third party doctrine, although somewhat related to the reasonable efforts requirement, is a distinct concept that cannot be ignored. After first explaining the scope and purpose of third party doctrine and how it puts trade secrets stored in the cloud at risk, the author proposes a method of analysis for distinguishing between trade secrecy waiving "disclosures" and non-trade secrecy waiving "mere transfers." This Article also provides a classification scheme for the various types of disclosure under trade secret law. [hide]


...And Bring Your Playbook: Who Owns the Intellectual Property Created by College Coaches?
by Tanyon Boston
19 Va. J.L. & Tech. 104 (2014)   View PDF

The average compensation package for top college coaches exceeds $1 million per year. This Article takes a peek behind the numbers, using examples from actual coaches’ employment agreements, to uncover the role that intellectual property plays in generating those salaries. Despite the potentially enormous ... [show]
The average compensation package for top college coaches exceeds $1 million per year. This Article takes a peek behind the numbers, using examples from actual coaches’ employment agreements, to uncover the role that intellectual property plays in generating those salaries. Despite the potentially enormous value of intellectual property created by college coaches, determining the owner of this intellectual property can be surprisingly difficult. This Article suggests that universities should own intellectual property that is both created in connection with coaches’ duties and dependent on university associations for its value. It also suggests that, to the extent that coaches’ employment agreements do not address intellectual property ownership issues, university intellectual property policies should be used to fill in the gaps. This Article concludes with a comparative discussion of the intellectual property ownership rights of student–athletes, using the O’Bannon v. NCAA case as a benchmark. [hide]




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   ISSN 1522-1687 (Online)

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