Four luminaries of copyright law and scholarship submitted a letter to the American Law Institute (ALI) formally withdrawing their names as Advisers from the Restatement of Copyright Law, approval of which is set to be voted on next week. Professors Shyam Balganesh, Jane Ginsburg, and Peter Menell, along with attorney David Nimmer submitted the May 12 letter conveying strong disagreement ...

Since the election, I have been so certain these events were coming that I almost pre-drafted this post, but I didn’t want to be a jinx. Then when it did happen, I hardly knew what to say. Every day, we are confronted with evidence that the only agenda of Trump 2.0 is wanton destruction. I am increasingly convinced that Trump ...

Two headlines in the first week of this month said a lot about the United States as an “innovative” nation right now. One story announced that the first driverless semi-trucks are on the highway covering normal long-haul routes, and the second reported that the final shipments of pre-tariff goods from China were arriving at U.S. ports. Leave it to contemporary ...

Politico reported yesterday that the astroturf organization called Chamber of Progress stated that because Trump’s tariffs will be a “gut punch” to Silicon Valley stock prices, California legislators should decline to aggravate matters by passing a law that would require transparency among AI developers using copyrighted works in model training. Granted, the tone was more circumspect, but that’s what the ...

Twelve years ago, when I first engaged in copyright advocacy, I was surprised to discover how many critics argued that copyright rights conflict with the speech right. Initially, I thought this had to be a fringe, internet thing—a vibe cooked up in the adolescent blogosphere that no legal scholar or expert took seriously. It would seem obviously contradictory to believe ...

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