Photo by wellphoto My last post focused narrowly on responding to assertions that the Supreme Court decision in Packingham casts doubt on the constitutionality of DMCA Sec. 512(i).  But as my friend and colleague Mike Katell observes on his blog, the rhetoric employed by Justice Kennedy in that decision underscores a particular challenge we face as social media continues to alter ...

Photo source by spaxiax Another Supreme Court First Amendment decision this past Monday was a source of excitement for parties who consistently argue that copyright enforcement in cyberspace cannot help but infringe First Amendment rights.  I’ll say at the outset that I fully agree with the decision in this case but very much doubt any proposal that the opinion in Packingham v. North ...

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