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 ...
This week, Facebook made good on its threat to block Australian news media on its platform. “Australian users cannot share Australian or international news. International users outside Australia also cannot share Australian news,” MSN reports. The move by the social giant is a hardline tactic designed to make the Australian government blink on proposed legislation that requires both Facebook and ...
In January 2017, after far-right extremist Richard Spencer was attacked on Inauguration Day, a semi-rhetorical question began trending on social media. Is it okay to punch the Nazi? While I would tend to say that it is rarely ethical to throw the first punch at anyone, can we at least agree that it is not only fair, but morally imperative, ...
