Now that the December 3rd deadline has passed for Internet Archive to file for cert with the Supreme Court, the copyright case litigated by book publishers Hachette et al. is closed. The Second Circuit decision will stand, finding that IA’s legal theories were without merit—theories I have discussed in multiple posts and will not rehash again here. I have also ...
I haven’t posted here since before the election, and admittedly, it has been difficult to resist escapism and simply stop giving a damn. That the United States (and with it the democratic world) is now in jeopardy is not in doubt. Rather, the questions for the moment are the order in which institutions will begin to break and what the ...
It may be true that “democracy dies in darkness,” but it can also be wiped out in blinding light. If Donald Trump is reelected, it will have been 20 years after the launch of Facebook and 18 years after the launch of Twitter—less than one generation for the “greatest invention for democracy” to be the proximate cause of the death ...
A common disparagement of copyright advocacy is that it is anti-technology. Despite overwhelming evidence that professional creators are early adopters of new technlogical developements, the talking point persists that enforcing the rights of creators can only “stifle innovation.” This “Luddite” critique of copyright rights was used to defend the predatory models of social and streaming platforms (and defend outright piracy), ...
When it comes to cyber policy and anything like intellectual property, the Electronic Frontier Foundation’s critiques are so predictable, they might as well use ChatGPT to write their blog. For instance, in opposing the NO FAKES Act, an April post by Corynne McSherry selects items from that same menu of responses EFF has used to oppose any form of online ...
