That may seem obvious, but if you’re an internet service provider who fails to uphold your end of the DMCA bargain, you’d sure like the courts to think of your service as analogous to the VCR. Certainly, this is fundamental to the appeal filed in the case of BMG v. Cox Communications, for which oral arguments were heard at the ...

Yesterday afternoon the Senate Judiciary Committee held a hearing entitled:  “Extremist Content and Russian Disinformation Online:  Working with Tech to Find Solutions.” Representing the social media companies were Colin Stretch, General Counsel at Facebook; Sean Edgett, Acting General Counsel at Twitter; and Richard Salgado, Director of Law Enforcement And Information Security at Google. The news to come out of this ...

This refrain keeps playing over in my head lately:  The EFF and its sister organizations are to cyberlaw as the NRA is to rational gun policy in America.  That seems like a pretty harsh thing to say about a bunch of progressives (and one must even include the ACLU in this discussion), but in the context of policy debate, the ...

That would be an incendiary claim, wouldn’t it? But let’s be honest. If a different industry (say the motion picture industry) were opposing the anti-trafficking bill called SESTA, then the EFF, Fight for the Future, PublicKnowledge, Techdirt, and about 30 other Google-backed organizations would surely not hesitate to righteously declare from their laptops that “Hollywood Loves Child Sex Slaves.”  There ...

Suppose you invent something.  A box that makes bitter vegetables taste like candy so kids will eat them. You call it KandyKale.  Then, along comes an imposter, who steals your tech and infringes your intellectual property, and then sets up a bunch of websites that hijack the customers looking for your product in order to sell them the KandeeKale knock-off, ...

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