With the first three DMCA review hearings before the Senate Subcommittee on IP, it was fairly easy to identify the salient matters most likely to survive beyond this inquiry period and become part of the substantive debate on possible legislative revision. For instance, the need to more clearly define constructive, or “red flag,” knowledge in Section 512 is a recurring ...
Social media platforms were practically designed to foster whataboutism. So, we should hardly be surprised that this lazy form of erroneous reasoning dominates so much of our contemporary politics. At least that was one thought that crossed my mind while reading the recent BuzzFeed article describing why so many Facebook employees are lately coming to grips with the kind of ...
(NOTE: This post relies on information presented in Part I.) In my first post in this series, I tried to summarize (albeit in nearly 3,000 words) the reasons why the states, and arms of the states, may freely infringe intellectual property without fear of being sued for monetary damages. I referred to the Eleventh Amendment as a pain in the ...
In 2012, I wrote a post called In Defense of (a little) Elitism, which was naturally criticized by some in the tech-utopian world for being, y’know, elitist. The apparent good in this digital-age model — that it is populist — is also its own weakness when we look at results in various media. Most obviously, it doesn’t take more than ...
Ever since the case Allen v. Cooper first appeared on my radar, and especially after the Supreme Court handed down its decision in late March, I have been admittedly a wee bit obsessed with the subject of state sovereign immunity (a.k.a. Eleventh Amendment immunity). What is Eleventh Amendment immunity? In a nutshell, it means you cannot sue a state (including ...
