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Tesla Unplugged: Automobile Franchise Laws and the Threat to the Electric Vehicle Market
by Cynthia Barmore
18 Va. J.L. & Tech. 185 (2013)   View PDF

Electric vehicles have captured the imagination of drivers seeking a high-tech answer to rising gas prices and environmental damage. As the electric-vehicle sector develops, however, manufacturers are confronting state laws that restrict sales from manufacturers to consumers and pose a significant barrier to market ... [show]
Electric vehicles have captured the imagination of drivers seeking a high-tech answer to rising gas prices and environmental damage. As the electric-vehicle sector develops, however, manufacturers are confronting state laws that restrict sales from manufacturers to consumers and pose a significant barrier to market expansion. This Article provides the first broad discussion of how franchise laws differ, disaggregating the primary types of state laws and using Tesla’s and Ford’s experiences to analyze options for challenging direct-sale restrictions. It also includes the first analysis of Tesla’s court victories in New York and Massachusetts. The discussion suggests electric-vehicle producers should focus on legislative lobbying in states with sweeping prohibitions on direct sales, while exploring judicial challenges in states with partial restrictions that only prevent manufacturers from competing against their own franchisees. Ultimately, this Article provides a framework for thinking about ways to challenge a looming impediment to development in the electric-vehicle sector. [hide]


"Why Can't We Be Friends?" How Congress Can Work with the Private Sector to Solve the "Digital Sampling Conundrum"
by Drew B. Hollander
18 Va. J.L. & Tech. 229 (2013)   View PDF

Recently, technological advancements have provided musicians with unprecedented digital access to the music libraries of the world. Today’s musicians are increasingly experimenting with advanced digital equipment, allowing them to easily record, distort, and manipulate any piece of digital music. Specifically, artists have ... [show]
Recently, technological advancements have provided musicians with unprecedented digital access to the music libraries of the world. Today’s musicians are increasingly experimenting with advanced digital equipment, allowing them to easily record, distort, and manipulate any piece of digital music. Specifically, artists have made the practice of “digital sampling” - the process of taking a small portion of a sound recording and digitally manipulating it as part of a new recording - commonplace. However, when it comes to this new form of musical expression, copyright jurisprudence has failed to adapt. Rather than reforming the means by which sampling litigation is conducted, my proposal would remove digital sampling from the courts altogether. Specifically, I propose revising the existing law to allow for a compulsory license for sound recordings and the creation of a sample-based Copyright Management System as a means for providing new revenue streams for the faltering music industry. [hide]




   ISSN 2327-7777 (Print)
   ISSN 1522-1687 (Online)

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