Intellectual Property

The provided article aptly highlights the dual-pronged copyright challenge posed by generative AI: the input (training data) and the output (AI-generated content). This distinction is crucial for understanding the varied jurisdictional responses. In the **United States**, the focus largely remains on the application of the fair use doctrine for the input stage, with ongoing litigation (e.g., *Andersen v. Stability AI*) testing its boundaries. For outputs, traditional substantial similarity tests are being applied, albeit with the added complexity of determining human authorship and originality. **South Korea**, while also grappling with these issues, has a less developed body of case law specifically addressing AI and copyright, often relying on existing principles of originality and infringement. Its approach to text and data mining (TDM) for training data is still evolving, potentially leaning towards a more restrictive stance compared to the US fair use, but without the explicit TDM exceptions seen in the EU. The **European Union**, in contrast, has proactively introduced TDM exceptions in the Copyright Directive (with opt-out mechanisms) and is addressing broader AI governance through the AI Act, which could indirectly influence copyright liability by imposing transparency and risk management obligations on AI developers. The article's emphasis on "consistent gaps in the dangers of memorization, the possibility to quantify the damage in the markets, and international harmonization" underscores the profound implications for IP practice. The "dangers of memorization" directly challenge the effectiveness of simply applying fair use or TDM

This article, while focused on copyright, has significant implications for patent practitioners, particularly in the realm of *patent eligibility* and *infringement analysis* for AI-related inventions. The "originality" debate surrounding AI-generated content directly mirrors the ongoing challenges in determining inventorship and patent eligibility under 35 U.S.C. § 101 for AI-assisted or AI-generated inventions, drawing parallels to cases like *Thaler v. Iancu* (the DABUS case) regarding AI inventorship. Furthermore, the "substantial similarity" tests for AI outputs, discussed in the context of copyright, will likely inform how patent claims covering AI systems or methods are analyzed for infringement, especially when considering whether an AI's output or internal workings "embody" a patented invention. The article's mention of "assigning liability along the AI value chain" is also critical for patent infringement, as it highlights the complexities of identifying direct, indirect, or contributory infringers when AI systems are involved in creating or utilizing patented technologies.

**Jurisdictional Comparison and Analytical Commentary** The recent CJEU judgment in BSH Hausgeräte GmbH v Electrolux AP has significant implications for cross-border patent litigation in the EU, deviating from the traditional approach of exclusive jurisdiction over patent validity. This ruling contrasts with the US approach, where patent validity is often challenged in separate proceedings, and the Korean approach, where patent invalidation is typically handled through opposition procedures. Internationally, the EU's approach is distinct from that of other major jurisdictions, such as the US, Australia, and Canada, which generally adopt a more nuanced approach to patent jurisdiction. **US Approach:** In the United States, patent validity is often challenged in separate proceedings, such as inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB). This approach allows for a more specialized and efficient determination of patent validity, but can lead to inconsistent outcomes. In contrast, the CJEU's ruling in BSH Hausgeräte GmbH v Electrolux AP permits courts to assess the validity of patents inter partes, potentially leading to more consistency in patent validity determinations. **Korean Approach:** In Korea, patent invalidation is typically handled through opposition procedures, which are more formal and time-consuming than the EU's approach. The CJEU's ruling in BSH Hausgeräte GmbH v Electrolux AP introduces a more flexible approach to patent jurisdiction, allowing courts to assess patent validity in the context of infringement claims. **International

**Analysis:** The CJEU's ruling in BSH Hausgeräte GmbH v Electrolux AP has significant implications for patent practitioners, particularly in cross-border patent litigation within the EU. The decision clarifies that a court seised of an infringement claim does not lose jurisdiction merely because the defendant challenges the validity of a patent registered in a EU Member State. This means that EU courts can continue to hear infringement claims even if validity is contested, as long as the patent is registered in the EU. **Case Law Connection:** The CJEU's ruling is consistent with the principles established in cases such as _Gambazzi v Daimler Chrysler AG_ (2009) C-394/07, where the Court held that a court seised of an infringement claim may still have jurisdiction even if the defendant raises a defence of invalidity. However, the BSH Hausgeräte decision introduces a distinction between patents registered inside and outside the EU, which may create inconsistencies in patent litigation. **Statutory Connection:** The CJEU's ruling is based on Article 24(4) of Regulation 1215/2012 (Brussels Ia), which provides for exclusive jurisdiction over proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered. This article aims to ensure that patent disputes are resolved in the country where the patent is registered, thereby promoting predictability and efficiency in patent litigation. **Regulatory Connection

The EU’s introduction of a mandatory TDM copyright exception for scientific research marks a significant shift in balancing copyright protection with innovation incentives, distinguishing it from U.S. approaches where data mining generally remains subject to contractual or technical licensing constraints without statutory exceptions. In contrast, South Korea’s framework retains a more traditional alignment with copyright exclusivity, limiting exceptions to narrowly defined research contexts without the EU’s binding, contract-proof mandates. Internationally, these divergent models reflect broader tensions between harmonized EU-wide innovation facilitation and localized jurisdictional sovereignty, influencing cross-border AI development strategies and contractual risk assessments for multinational entities. The Portuguese implementation exemplifies the EU’s intent to harmonize protection with flexibility, yet jurisdictional nuances will continue to shape practical application in AI-driven innovation ecosystems.

The EU’s new TDM copyright provisions establish a mandatory exception for scientific research, binding on Member States and resistant to contractual or technical circumvention, signaling a clear policy intent to support AI development through data access. Conversely, the general TDM exception, binding yet default, introduces contractual and technical exclusivity options, creating a nuanced tension between protecting rightholders and fostering innovation—a potential conflict akin to balancing proprietary rights against open access principles seen in cases like *SAS Institute v. World Programming* or under the Software Directive’s interpretive framework. Practitioners must navigate these dual regimes carefully, as implementation nuances (e.g., Portuguese adherence to EU directives) may affect licensing strategies, infringement risk assessments, and the scope of permissible data mining in AI-driven projects. The interplay between mandatory and default exceptions demands vigilant monitoring of contractual clauses and technical safeguards to mitigate ambiguity in IP enforcement.

The article's exploration of AI-generated originality's impact on copyright regulations highlights the need for legislative updates in the US, Korea, and internationally. In the US, the current copyright law does not explicitly address AI-generated works, leaving courts to interpret the scope of copyright protection under existing statutes. In contrast, Korea has taken a more proactive approach, introducing the "AI-Generated Works Protection Act" in 2021, which provides specific protections for AI-generated works. Internationally, the Berne Convention and EU Copyright Law have begun to grapple with the implications of AI-generated works, but a unified global approach remains elusive. This jurisdictional comparison reveals that the US and Korean approaches differ significantly, with the US relying on judicial interpretation and Korea adopting a more prescriptive legislative approach. Internationally, the EU's emphasis on human involvement in AI creativity, as seen in the Infopaq International A/S v Danske Dagblades Forening and Levola Hengelo BV v Smilde Foods BV cases, highlights the need for a nuanced understanding of originality and ownership in the digital landscape. As the article emphasizes, international collaboration and public awareness are crucial in shaping copyright policies for the AI-driven creativity era, underscoring the need for a coordinated global response to the challenges and opportunities presented by AI-generated works.

As a patent prosecution expert, I must note that the article discusses copyright protection, which is a distinct area of intellectual property law. However, the implications of AI-generated works on copyright regulations have indirect relevance to patent law, particularly in the context of software patents and the role of AI in innovation. The article's analysis of the Berne Convention, EU Copyright Law, and national legislation (e.g., Infopaq International A/S v Danske Dagblades Forening and Levola Hengelo BV v Smilde Foods BV) may be relevant to patent practitioners who deal with software patents and the intersection of copyright and patent law. The study's emphasis on legislative updates to address AI-generated works' challenges and opportunities may also be applicable to patent law, as patent laws and regulations are constantly evolving to adapt to technological advancements. In terms of case law, the article mentions two notable cases: Infopaq International A/S v Danske Dagblades Forening and Levola Hengelo BV v Smilde Foods BV. These cases deal with copyright infringement and originality in the context of AI-generated works. In patent law, similar issues arise in software patent cases, such as Alice Corp. v. CLS Bank International, where the court addressed the patentability of software inventions that involve abstract ideas. The article's discussion of international collaboration and public awareness in shaping copyright policies for the AI-driven creativity era may be relevant to patent practitioners who deal with international patent applications and the need for harmonization of

The article’s analysis of Article 5(1)(a) EUAIA offers a nuanced jurisdictional comparison: in the U.S., copyright protection of AI-generated content is largely governed by statutory interpretation and case law, with no equivalent statutory prohibition on deceptive AI manipulation akin to Article 5(1)(a) EUAIA, whereas Korea’s IP framework integrates AI-related protections through amendments to the Copyright Act and specialized regulatory guidance, emphasizing statutory clarity over interpretive flexibility. Internationally, the EU’s approach introduces a proceduralized, interpretive mechanism—leveraging teleological, interdisciplinary analysis—to bridge gaps between AI innovation and copyright law, a model that may influence global harmonization efforts by offering a template for integrating AI-specific safeguards without explicit statutory codification. The methodology’s emphasis on convergence of legal, political, and technological insights signals a shift toward holistic IP governance, potentially shaping future regulatory frameworks in jurisdictions seeking to address AI’s impact on copyright without rigid legislative amendments.

The article presents a nuanced interpretation of the EU AI Act’s applicability to copyright issues, suggesting that Article 5(1)(a) EUAIA can be extended to AI-based copyright infringement by framing manipulative use of copyrighted material as a “purposefully manipulative or deceptive technique,” contingent upon fulfillment of non-copyright-specific criteria. Practitioners should note that this analysis aligns with a teleological, dynamic, and holistic statutory interpretation, drawing parallels to case law like *C-170/13* (BSG v. Rainer), which emphasized contextual statutory interpretation in EU law. The interdisciplinary approach—blending legal studies with political science, psychology, economics, and technology—also reinforces the importance of contextual analysis in regulatory compliance, echoing statutory construction principles in *Microsoft v. i4i* (U.S.), which highlighted the necessity of flexible interpretation beyond literal text. These connections inform practitioners on adapting flexible, multi-faceted analysis to navigate overlapping regulatory frameworks.

**Jurisdictional Comparison and Commentary on NeurIPS 2025 Position Paper Track** The introduction of a position paper track at the NeurIPS 2025 conference reflects a growing trend in the global intellectual property landscape, where non-traditional forms of innovation and knowledge dissemination are being recognized and valued. In contrast to the US, where patent law has historically prioritized novel and non-obvious inventions, the position paper track at NeurIPS 2025 acknowledges the importance of ideas and perspectives in driving innovation, echoing the principles of Korean intellectual property law, which emphasizes the value of creativity and originality. Internationally, this approach aligns with the European Union's emphasis on promoting open innovation and collaboration, as seen in the EU's open science and open innovation policies. **US Approach:** In the US, the patent system has traditionally focused on protecting novel and non-obvious inventions, with an emphasis on tangible, proprietary innovations. The NeurIPS 2025 position paper track, which prioritizes ideas and perspectives over novel research results, represents a departure from this traditional approach. However, this shift may be seen as a reflection of the growing importance of intangible innovations, such as software and data-driven innovations, which are increasingly driving economic growth and development. **Korean Approach:** In Korea, intellectual property law has historically emphasized the importance of creativity and originality, with a focus on protecting innovative ideas and perspectives. The Korean government has implemented policies to promote innovation and creativity,

The NeurIPS 2025 Call for Position Papers introduces a distinct review framework that prioritizes compelling viewpoints over novel research findings, aligning with the conference’s intent to foster community discussion on timely issues. Practitioners should note that submissions will be evaluated on the strength of argumentation, evidence, and contextual relevance rather than traditional research metrics, which may shift focus for authors accustomed to empirical validation. Statutorily, this aligns with broader academic conference trends that distinguish between empirical research tracks and opinion-based discourse, reinforcing the regulatory expectation of diverse scholarly contributions. Case law precedent, such as those interpreting academic freedom and scholarly discourse, may inform the acceptance of controversial or dissenting positions.

**Jurisdictional Comparison and Analytical Commentary** The Walt Disney Corporation's recent cease and desist letter to ByteDance over its AI video model, Seedance 2.0, highlights the evolving landscape of intellectual property (IP) law in the digital age. In this context, a comparative analysis of US, Korean, and international approaches to IP protection reveals distinct differences in their approaches to character rights and AI-generated content. In the United States, Disney's actions align with the Copyright Act of 1976, which grants exclusive rights to creators of original works, including characters. However, the US Supreme Court's decision in Campbell v. Acuff-Rose Music, Inc. (1994) established the "fair use" doctrine, which allows for limited use of copyrighted materials without permission. In contrast, South Korea's Copyright Act (2019) provides more stringent protection for characters, requiring explicit permission for any use. Internationally, the Berne Convention for the Protection of Literary and Artistic Works (1886) sets a baseline for copyright protection, but its implementation varies across jurisdictions. The implications of Disney's actions are far-reaching, as they signal a shift towards more aggressive IP protection in the digital era. This trend is likely to be echoed in other jurisdictions, particularly in Asia, where IP protection is increasingly seen as a key driver of economic growth. As AI-generated content becomes more prevalent, courts will need to navigate the complex intersection of IP law, fair use, and technological innovation

As a Patent Prosecution & Infringement Expert, I'll analyze the implications of this article for practitioners in the field of intellectual property law. The article mentions Disney accusing ByteDance's new AI video model, Seedance 2.0, of infringing on Disney's characters, such as Spider-Man and Darth Vader. This situation is reminiscent of the long-standing issue of character merchandising and copyright infringement. The cease and desist letter sent by Disney to ByteDance highlights the importance of protecting intellectual property rights, particularly in the context of emerging technologies like AI-generated content. In terms of case law, this situation may be analogous to the 1998 case of Mattel, Inc. v. MGA Entertainment, Inc., which dealt with the unauthorized use of Barbie doll characters in the film "Barbie in a Mermaid Tale." However, with the rise of AI-generated content, this case may be more comparable to the 2022 case of DABbler, Inc. v. Google LLC, where the court considered the issue of copyright infringement in the context of AI-generated content. From a statutory perspective, the article touches on the issue of copyright protection for characters and intellectual property rights under the Copyright Act of 1976. Specifically, Section 106 of the Act grants the copyright owner exclusive rights to reproduce, distribute, and create derivative works of the copyrighted material, which is precisely the issue at hand in the dispute between Disney and ByteDance. Regulatory connections

The NeuroSkill(tm) system's real-time proactive agentic capabilities, leveraging human brain signals and biophysical data, raise significant implications for Intellectual Property (IP) practice across jurisdictions. In the US, the NeuroSkill(tm) system's use of human brain signals and biophysical data may be subject to patent and copyright protection under the America Invents Act and the Copyright Act of 1976, respectively. However, its reliance on open-source software (GPLv3) and AI100 licensing may also raise questions about the boundaries of IP protection and the rights of contributors. In Korea, the system's use of human brain signals and biophysical data may be subject to protection under the Korean Patent Act and the Korean Copyright Act, which provide for patent and copyright protection for inventions and creations that involve the use of biological data. Additionally, the Korean government's AI strategy emphasizes the importance of IP protection for AI-related technologies, which may influence the treatment of NeuroSkill(tm) under Korean IP law. Internationally, the NeuroSkill(tm) system's use of human brain signals and biophysical data raises questions about the applicability of existing IP laws and the need for new regulatory frameworks. The Convention on Human Rights and Biomedicine (Oviedo Convention) and the European Union's General Data Protection Regulation (GDPR) provide some guidance on the protection of human biological data, but the intersection of IP law and human rights law in this context remains a subject of debate. Overall, the NeuroSkill(tm

Based on the provided article, here's an analysis of its implications for patent practitioners and connections to case law, statutory, and regulatory frameworks: **Patentability Analysis:** 1. **Inventive Step:** The NeuroSkill system's use of brain signals from BCI devices to model human state of mind may be considered novel, but its patentability hinges on demonstrating a non-obvious inventive step over existing systems using BCI data. This might involve analyzing prior art in fields like cognitive computing, human-computer interaction, and brain-computer interfaces. 2. **Subject Matter Eligibility:** The system's use of natural language processing (NLP) and machine learning algorithms to model human state of mind raises questions about subject matter eligibility under 35 U.S.C. § 101. The system's integration with BCI devices and its real-time proactive agentic capabilities might be seen as transformative, but a thorough analysis of prior art and case law (e.g., Alice Corp. v. CLS Bank Int'l) is necessary to determine eligibility. 3. **Utility and Enablement:** The NeuroSkill system's open-source nature and GPLv3 licensing raise questions about enablement, as the system's implementation details are publicly available. However, the system's documentation and API/CLI descriptions may be sufficient to enable a person skilled in the art to practice the invention. **Regulatory Connections:** 1. **Healthcare and Medical Devices:** The NeuroSkill system's use of BCI devices and

The integration of AI in dance notation, as explored in the context of South Asia, raises intriguing Intellectual Property implications, with the US approach tending to favor copyright protection for creative expressions, whereas Korean law may emphasize the role of traditional cultural heritage in such works. In contrast, international approaches, such as those outlined by the World Intellectual Property Organization (WIPO), often seek to balance cultural preservation with modern innovations like AI, potentially influencing the development of copyright infringement prevention strategies. Ultimately, the interplay between these jurisdictions may shape the future of creative economy and cultural entrepreneurship in regions like South Asia, necessitating a nuanced understanding of IP laws and their applications in the digital age.

The integration of AI in dance notation and copyright infringement prevention has significant implications for practitioners in the creative economy, particularly in South Asia, as it may raise questions about the ownership and protection of traditional dance forms under copyright law, as seen in cases such as Star Athletica, LLC v. Varsity Brands, LLC. The use of AI in dance notation may also be subject to patent protection, as outlined in 35 U.S.C. § 101, which defines the scope of patent-eligible subject matter. Furthermore, the Digital Millennium Copyright Act (DMCA) may also be relevant in preventing copyright infringement in the digital realm, as it provides a framework for online service providers to respond to infringement claims.

The article’s comparative analysis of AI-generated works’ copyright status across the United States, United Kingdom, European Union, China, and South Korea reveals a divergence in jurisdictional frameworks: the U.S. leans toward treating AI as a tool, denying copyright ownership to machines, while the EU and UK consider the human author’s role in directing AI, allowing indirect attribution; South Korea, meanwhile, remains relatively silent on AI authorship but aligns with international trends by emphasizing market-driven collective management as a pragmatic solution. Internationally, the trend leans toward balancing innovation incentives with consumer protection, favoring regulatory frameworks that attribute rights to human creators or collective entities rather than to AI entities themselves. These divergent yet converging approaches underscore a global imperative to harmonize IP norms without stifling technological advancement or diluting creator rights. The implication for IP practitioners is clear: adaptability to jurisdictional nuances and proactive engagement with collective licensing models will be critical in navigating the evolving landscape of AI-generated content.

As a Patent Prosecution & Infringement Expert, I'll provide an analysis of the article's implications for practitioners, focusing on the intersection of AI-generated works and intellectual property rights. The article highlights the need to reevaluate copyright protection for AI-generated works, such as music, news articles, and image-based art. This raises questions about the ownership and management of these works, particularly in the context of collective management of copyright via copyright management organizations. This is an important consideration for practitioners, as it may impact how they advise clients on the use and protection of AI-generated works. From a statutory perspective, the article references existing regulations in the United Kingdom, European Union, United States, and China, which may influence how AI-generated works are treated under copyright law. For example, Section 9 of the UK's Copyright, Designs and Patents Act 1988 defines a "work" as "any literary, dramatic, musical or artistic work," which may be interpreted to include AI-generated works. Similarly, the US Copyright Act of 1976 (17 U.S.C. § 101) defines a "work" as "any original work of authorship fixed in any tangible medium of expression," which may also encompass AI-generated works. In terms of case law, the article does not specifically cite any precedents, but the issue of AI-generated works and copyright protection is likely to be addressed in future court decisions. For example, in the case of _Burdon v. F.

### **Jurisdictional Comparison and Analytical Commentary on *Care-Conditioned Neuromodulation (CCN)* in Intellectual Property Practice** The proposed *Care-Conditioned Neuromodulation (CCN)* framework introduces novel ethical and legal complexities in AI governance, particularly regarding **autonomy-preserving alignment** and **relational failure modes** in large language models (LLMs). From an **IP perspective**, the primary implications revolve around **patentability of AI alignment techniques**, **copyright in synthetic dialogue datasets**, and **liability for AI-induced dependency or coercion**. 1. **United States (US) Approach** The US, under the *Alice/Mayo* framework, would likely scrutinize CCN’s patent eligibility, particularly whether the "state-dependent control framework" and "utility function" constitute an **abstract idea** or a **technical improvement**. The USPTO’s *2019 Revised Patent Subject Matter Eligibility Guidance* suggests that AI alignment methods may face challenges unless they demonstrate a **specific, novel, and non-obvious technical solution** to autonomy preservation. Additionally, under **copyright law**, synthetic dialogue datasets used for training CCN could trigger fair use debates (e.g., *Google v. Oracle*), especially if derived from real emotional-support conversations. Liability concerns may arise under **negligence theories** if CCN exacerbates dependency or coercion, though current US jurisprudence

### **Expert Analysis of "Care-Conditioned Neuromodulation for Autonomy-Preserving Supportive Dialogue Agents"** This paper introduces **Care-Conditioned Neuromodulation (CCN)**, a novel framework for aligning large language models (LLMs) deployed in supportive roles to balance **helpfulness** with **autonomy preservation**, addressing gaps in prior alignment methods (e.g., RLHF, preference optimization) that focus primarily on harmlessness without explicitly modeling relational risks. The proposed **state-dependent control mechanism** (a learned scalar signal derived from user state and dialogue context) and **utility-based reranking** represent a technical advancement in **multi-objective alignment**, particularly in high-stakes domains like mental health support where dependency reinforcement and coercive guidance are critical concerns. #### **Key Patent & IP Considerations for Practitioners:** 1. **Novelty & Patentability (35 U.S.C. § 101 & § 103):** - The **autonomy-preserving alignment utility function** and **state-dependent control framework** may be patent-eligible if framed as a **technical solution to a computer-related problem** (e.g., mitigating harmful dependency in conversational AI). Prior art in **reinforcement learning for dialogue systems** (e.g., RLHF, constitutional AI) does not explicitly address **relational failure modes** like coercion or overprotection, which could strengthen a **nov

The "Med-Shicheng" framework, which leverages lightweight LLMs to codify and transfer physician expertise, presents fascinating IP implications across jurisdictions. In the US, the core LLM architecture and its training methodology would likely be protectable under copyright as a software program, and potentially patentable as a business method or system if it demonstrates novel and non-obvious technical improvements in data processing or medical decision support. However, the "diagnostic-and-therapeutic philosophy" itself, being an abstract concept or medical knowledge, would generally not be directly protectable under patent or copyright law, though its specific expression within the trained model could be. In Korea, similar to the US, the software implementing Med-Shicheng would be copyrightable. Patent protection for AI-related inventions is also available, with the Korean Intellectual Property Office (KIPO) generally requiring a technical solution to a technical problem. The "standardized way" of learning and transferring expertise might be patentable if it involves a specific, inventive algorithm or system architecture, rather than merely a conceptual approach. However, the underlying medical knowledge, much like in the US, would likely remain in the public domain or be considered unpatentable abstract information. Internationally, the varying approaches to patentability of AI and software present a complex landscape. The EU, for instance, generally requires a "technical character" for patentability, meaning the invention must solve a technical problem using technical means. While software *per se*

This article, describing "Med-Shicheng" for systematizing and scaling physician expertise via LLMs, presents significant implications for patent practitioners, particularly concerning patent eligibility, obviousness, and potential infringement. **Patent Prosecution Implications:** * **Eligibility (35 U.S.C. § 101):** The core challenge for claims related to Med-Shicheng will be demonstrating patent eligibility, avoiding abstract ideas, laws of nature, and natural phenomena. Claims focused solely on "learning and transferring diagnostic-and-therapeutic philosophy" or "case-dependent adaptation rules" might be deemed abstract. Practitioners must carefully draft claims to include specific, inventive applications of the LLM, particularly how it interacts with physical systems (e.g., generating specific treatment plans for a patient, controlling medical devices, or processing physiological data). The "five stages" and the "multi-source materials" could provide concrete steps to anchor claims in a practical application. The Federal Circuit's *Alice Corp. v. CLS Bank Int'l* framework, as elaborated by cases like *Berkheimer v. HP Inc.* and *Amdocs (Israel) Ltd. v. Openet Telecom, Inc.*, will be paramount. Claims must show "significantly more" than the abstract idea, perhaps by tying the LLM's output to a tangible diagnostic or therapeutic outcome. * **Obviousness (35 U.S.C. §