Neil Turkewitz, Senior Policy Counsel at the International Center for Law & Economics asserts that critics of the Canadian Supreme Court decision in Equustek v Google are overlooking the case itself in favor of spinning hyperbole.  Turkewitz sees the specifics of the ruling as a model for good governance and the protection of sovereignty and civil liberties, even on the ...

Image by beebright There. Did you feel that? A tremor in the First Amendment? Somewhere in cyberspace, a website has died, taking with it a tiny Yop of free speech. You can hardly be blamed for missing it against the sound of trillions of other Yops. But it happened and it will happen again. There. It just happened again. Do you ...

Image by stefanocar75 Copyright holders have long insisted that search results play a substantial role in driving users toward pirate sites.  Google and piracy advocates have generally countered that search does not drive much traffic to illegal sites because the people who consistently use infringing sites know what they’re doing and will go directly to the content they’re seeking.  This is a ...

Photo by wellphoto My last post focused narrowly on responding to assertions that the Supreme Court decision in Packingham casts doubt on the constitutionality of DMCA Sec. 512(i).  But as my friend and colleague Mike Katell observes on his blog, the rhetoric employed by Justice Kennedy in that decision underscores a particular challenge we face as social media continues to alter ...

Photo source by spaxiax Another Supreme Court First Amendment decision this past Monday was a source of excitement for parties who consistently argue that copyright enforcement in cyberspace cannot help but infringe First Amendment rights.  I’ll say at the outset that I fully agree with the decision in this case but very much doubt any proposal that the opinion in Packingham v. North ...

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