Once the die was cast (i.e. after oral arguments) in Google v. Oracle, I don’t think I was alone in feeling that if the Supreme Court held that the computer code at issue in this case was not properly a subject of copyright protection, that would be an acceptably narrow decision, even though many might disagree with it as a ...

In April 1787, as James Madison was limbering up his philosophical muscles ahead of the Constitutional Convention, Thomas Jefferson shipped him several crates from Paris filled with books, constituting what one might call the Enlightenment in a Box. I mention this footnote of American history only to observe that every book Madison received—indeed every book that ever influenced an American ...

In February, legal scholar and journalist Kate Klonick wrote a detailed exposé for The New Yorker about Facebook’s Oversight Board, which some are calling the platform’s “Supreme Court.” In theory, the Board will have the authority, even over Mark Zuckerberg, to write a set of principles by which content is allowed (or not) to remain on the platform. As any ...

Rumors have come to my attention—okay it was splashed all over Twitter—that an event was held yesterday called The Untold Story of SOPA/PIPA. “Defeating SOPA/PIPA didn’t happen overnight,” says the EFF’s promotional page for the event. “Advocacy groups like Public Knowledge fought long and hard for years to raise the alarms about these censorship efforts.” Where does one begin? By ...

Episode Contents 58:12 – Overview of the American Law Institute and Restatements of Law 06:13 – Restatements have never addressed areas of primarily statutory law. 08:53 – Development of the 1976 Copyright Act 15:17 – “Why we are not opposed to the idea of a Restatement.” 25:09 – Criticism of the project’s lack of transparency. 31:28 – Criticism of the ...

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