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dc.contributor Goldman, Eric 2018-10-23T18:20:21Z 2018-10-23T18:20:21Z 2018-10
dc.identifier.citation 93 Wash. L. Rev. 1227 (2018) en_US
dc.identifier.issn 0043-0617
dc.description Volume 93, no.3, October 2018 en_US
dc.description.abstract Eric, Goldman, Professor of Law and Co-Director of the High Tech Law Institute, Santa Clara University School of Law. Abstract: Emojis are an increasingly important way we express ourselves. Though emojis may be cute and fun, their usage can lead to misunderstandings with significant legal stakes— such as whether someone should be obligated by contract, liable for sexual harassment, or sent to jail. Our legal system has substantial experience interpreting new forms of content, so it should be equipped to handle emojis. Nevertheless, some special attributes of emojis create extra interpretative challenges. This Article identifies those attributes and proposes how courts should handle them. One particularly troublesome interpretative challenge arises from the different ways platforms depict emojis that are nominally standardized through the Unicode Consortium. These differences can unexpectedly create misunderstandings. The diversity of emoji depictions is not technologically required, nor does it necessarily benefit users. Instead, it likely reflects platforms’ concerns about intellectual property protection for emojis, which forces them to introduce unnecessary variations that create avoidable confusion. Thus, intellectual property may be hindering our ability to communicate with each other. This Article will discuss how to limit this unwanted consequence. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Law Review, University of Washington School of Law en_US
dc.subject Article en_US
dc.title Emojis and the Law en_US
dc.type Article en_US
dc.rights.holder Copyright 2018 by Washington Law Review Association. en_US

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