It was such a busy Summer that I never got a chance to write about the Supreme Court’s June decision in the cyberstalking case Counterman v. Colorado. The story caught my attention when legal scholar and president of Cyber Civil Rights Initiative Mary Anne Franks tweeted, “the Supreme Court has just decreed that stalking is free speech protected by the ...

Well, it finally happened. After criticizing the worst effects of social media for over 10 years, I was finally hacked, locked out of my Facebook account, and (I assume) will be unable to restore any of the material or connections going back to 2007. I’m sharing the details in this post because what I now believe to be a phishing-style ...

As discussed in an earlier post, Valancourt Books, a small, on-demand publisher, filed suit against the Copyright Office and the Department of Justice and argued that the Office’s demand for physical copies of published books is unconstitutional. Valancourt alleged that the authority granted by §407 of the Copyright Act to demand the copies (or be fined) is a violation of ...

The Electronic Frontier Foundation (EFF) announced that among the 2023 recipients of the EFF Award (formerly the Pioneer Award), it will honor Sci-Hub founder Alexandra Asanova Elbakyan this September. The Russian-based Sci-Hub is an enterprise-scale pirate site specifically built to host scientific papers about which the EFF states: Through Sci-Hub, Elbakyan has strived to shatter academic publishing’s monopoly-like mechanisms in ...

In my last post, I discussed some of the allegations that “machine learning” (ML) with the use of copyrighted works constitutes mass infringement. Citing the class action lawsuits Andersen and Tremblay, I predicted that if the courts do not find that ML unavoidably violates the reproduction right (§106(1)), copyright law may not offer much relief to the creators of the ...

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