In March 2020, the Supreme Court delivered its opinion in the case Allen v. Cooper. The outcome was not surprising because the Court affirmed precedent ruling from the late 1990s which held that the 11th Amendment bars suing a state or state actors for damages stemming from intellectual property infringement. Thus far, I’ve explored the murky waters of state sovereign ...

“Black history is American history.” There is more than one way to read (or use) that phrase. On its face, it affirms that no honest or thorough narrative about the United States can possibly exclude the Black story. But from there, one might say, as Morgan Freeman suggested in a 2005 interview with Mike Wallace, that to distinguish or compartmentalize ...

Plenty is being said about AI systems that generate visual works, written works, music, etc. And plenty more will be said, especially now that lawsuits have been filed against some of the AI-generated image companies. In this post, I want to address a misconception about authorship in copyright law that may be warping the AI conversation. As I understand the ...

Adam was bored alone; then Adam and Eve were bored together; then Adam and Eve and Cain and Abel were bored en famille; then the population of the world increased, and the peoples were bored en masse. To divert themselves they conceived the idea of constructing a tower high enough to reach the heavens. This idea is itself as boring ...

A few months ago, I attended a local event, where photographer Doug Menuez spoke about his project “Wild Place: The People of Kingston, NY.” The description on his website begins . . . Wild Place is the English translation of Wiltwyck, the original name given to Kingston, New York, in 1661 by Peter Stuyvesant and the Dutch who were facing ...

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