I recognize the psychological need to believe the American Republic will survive the coming four years, and I freely admit to being the biggest cynic in almost any room. But if the analogy is a shipwreck, we are already treading water with no ship or shore on the horizon. “Democracy lives in the people,” say the more hopeful pundits. Perhaps. ...

This week, the Supreme Court must decide whether to delay the ban of TikTok in the United States, which is scheduled to take effect on January 19. Signed into law last March, the Protecting Americans from Foreign Adversary Controlled Applications Act was designed to compel owner ByteDance to sell TikTok to a U.S. or other entity with no ties to ...

The announcement that Meta will stop fact-checking material on its platforms is neither surprising nor, at this point, relevant. Mark Zuckerberg’s absurd announcement that the company is “getting back to core principles,” or whatever bullshit way he said it, is no more appalling today than that same rhetoric has been for decades. None of this conduct is news or purely ...

“One might expect a 140-year history of Supreme Court precedent would have led to a grant of summary judgment below, sparing everyone unnecessary time and money,” states the brief for Jeffrey Sedlik to the Ninth Circuit Court of Appeals. “Copyright infringement should have been decided by the district court as a matter of law, not at trial by a poorly-instructed ...

Many copyright scholars refer to England’s Statute of Anne (1710) as the “first authors’ copyright law,” but I quarrel with that summary. In that year, and for many decades to follow, English “rights” for authors were too intertwined with the Crown’s authority to sanction publication of works for us to think of the Statute of Anne as affirming copyright rights ...