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 ...

In late January, I published a post advocating that we go ahead and cancel some culture. That piece was addressing the subject of platform responsibility, asserting that Facebook et al should feel free to stop amplifying disinformation, hate-mongering, and (unfortunately) sedition and that it should do so without all the dithering about speech rights. There, I asserted that neither Facebook, ...

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 ...

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