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 ...

I realize the Court will rule anytime now, and that I may be gilding the proverbial lily here; but I drafted this post in early January, and then the world got a little crazy and distracting. Anyway, FWIW, below is my last observation about Google v. Oracle. At least until after the decision. 🙂 In Google v. Oracle, the Supreme ...

Although this week marks the eighth annual observation of Fair Use Week, I remain unconvinced that the fair use doctrine is any better understood today than it was before this ritual began. I see fair use errors all the time—e.g. in chat threads where creators are trying to do the right thing—and I maintain that it is often the fair ...

As the Biden administration seeks to restore normalcy in American governance—from constitutional legality to ordinary decency to an actual response to the COVID crisis—it is little surprise to see officials from the Obama administration return to Washington. But as we emerge from the political and emotional rubble, the new administration should recognize and reject one of the major errors made ...

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