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Online Edition Articles - Volume 10
Recent Development: Running Down a Dream: Oscar Pistorius, Prosthetic Devices, and the Unknown Future of Athletes with Disabilities in the Olympic Games
NC JOLT Online Edition, Volume 10, Page 16 (November 2008)
Abstract
Oscar Pistorius, a double-amputee sprinter set on competing in the Olympic Games, was banned from competition by the International Association of Athletics Federation (“IAAF”) after it found his prosthetic legs gave him an unfair advantage over other runners. On appeal, the Court of Arbitration for Sport held that Pistorius had no such advantage, but the court’s ruling was limited only to Pistorius and his specific prosthesis. This Recent Development describes how the court’s ruling imposes substantial burdens on both athletes with disabilities and the IAAF. This Recent Development also discusses why the IAAF is not in the best position to enforce the ruling, and it enumerates remedies the IAAF can implement to resolve eligibility questions when evaluating athletes with disabilities.
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Recent Development: MDY Industries v. Blizzard Entertainment: Preventing the Use of Software Robots in an Online Game With Copyright Law
NC JOLT Online Edition, Volume 10, Page 1 (November 2008)
Abstract
In MDY Industries v. Blizzard Entertainment, the United States District Court of Arizona had an opportunity to clarify the concept of ownership in software copyright law. The MDY court held that users of Blizzard’s computer video game do not own the physical copies of the game software and thus can only load the game software into their computer’s memory, subject to Blizzard’s license. Several players of Blizzard’s computer video game used software manufactured by MDY Industries in conjunction with the game—a use prohibited by Blizzard’s license. The MDY court held that, by violating Blizzard’s license, these users committed copyright infringement. MDY Industries was also found liable for contributory copyright infringement. Although the MDY court stated that they were applying Ninth Circuit precedent, the court actually applied a significantly more expansive test for determining ownership.
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