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27 Loy. L.A. Ent. L. Rev. [i] (2006-2007)

handle is hein.journals/laent27 and id is 1 raw text is: LOYOLA OF LOS ANGELES ENTERTAINMENT LAW REVIEW VOLUME TWENTY-SEVEN 2006-2007 NUMBER 1 TABLE OF CONTENTS NOTES & COMMENTS BACK ON TRACK: How THE CALIFORNIA SUPREME COURT GOT IT WRONG, AND WHAT LEGISLATURE CAN DO TO Fix IT by Jeff rey S. G oodfried ........................................................................................ 1 According to the California Supreme Court, operators of roller coasters and similar amusement park attractions should be held to the same safety standards that apply to buses, planes, and taxicabs. In July of 2005, the state's highest court made this controversial decision, officially classifying thrill rides as common carriers. The court's questionable classification means that when a lower court adjudicates negligence claims against an amusement park, it will have to hold thrill rides to an utmost safety standard, rather than a reasonable standard of extraordinary diligence. On first impression, one may find little difference between utmost safety and extraordinary diligence; however, the two standards significantly impact the level of liability for amusement park operators. While extraordinary diligence holds amusement parks liable for damages, the utmost safety standard turns parks into insurers of all patrons. This comment critically examines the court's ruling in Gomez v. Disney, and suggests a legislative solution that would put the law back on track. NEW YORKERS HAVE GOT IT RIGHT: A CALL FOR A UNIFORM STANDARD TO COPYRIGHT INFRINGEMENT ANALYSIS by Claudia H ong ............................................................................................ 33 What do Da Vinci Code, the video-sharing site and Google product, YouTube, and re- ality television shows, The Apprentice and Survivor, have in common besides be- ing successful and popular? All had to deal with publicized claims that they were based on stolen ideas, adding to the intellectual property case law involving both tradi- tional and emerging platforms. In fact, in its 2006 Annual Report to its shareholders, Google acknowledged that copyright infringement lawsuit risks could be substantial, including change of business practices and loss of revenue. In light of these substantial and growing concerns, the two major copyright courts in the United States, the Second

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