People & Blogs

Invitation -- Social Networks: Friends or Foes?

by Jennifer Granick, posted on October 7, 2009 - 9:12pm

On October 23, 2009, the UC Berkeley School of Law will host an all-day conference at the Bancroft Hotel to explore some of the most pressing legal challenges, ethics issues, and policy questions related to the use of social networking websites by the public and the legal profession. I'm speaking at the event, and so is Lauren Gelman.

Substantive Tags: privacy

It's My Browser, and I'll Auto-Click if I Want To

by Jennifer Granick, posted on October 7, 2009 - 9:09pm

In It's My Browser, and I'll Auto-Click if I Want To, Fred blogs about how EFF is representing SkipScreen, a Firefox browser add-on that helps users avoid ads and unnecessary wait times when downloading files from hosting sites.

PATRIOT Act: Last Refuge of Scoundrels

by Larry Downes, posted on October 7, 2009 - 11:56am

“Patriotism,” as Samuel Johnson famously said, “is the last refuge of a scoundrel.” In that sense, perhaps the USA PATRIOT Act is appropriately named after all.

In the immediate aftermath of 9/11, most people (though not everyone) agreed that the government should be given additional investigative powers to reduce the risk of more terrorist attacks. The fact that perfectly good intelligence was already available and ignored before 9/11 was considered water under the bridge. The attacks signaled a new era in national defense.

Electronic communications bore the brunt of government complaints that the enemy had outpaced the government in an information arms race, and not surprisingly some of the most contentious features of the PATRIOT Act involved provisions to expand government powers of surveillance, information collection, and secrecy:

http://larrydownes.com/the-patriot-act-last-refuge-of-scoundrels/

Substantive Tags: cybercrime

The End of the American Internet

by Larry Downes, posted on October 5, 2009 - 2:59pm

In 1998, all hell broke loose as the U.S. government considered how to govern the network it had created. That fight has now ended, with a whimper:

http://larrydownes.com/the-end-of-the-american-internet/

Substantive Tags: infrastructure

Horsemen of the Patent Apocalypse

by Larry Downes, posted on October 2, 2009 - 2:27pm

No one would seriously disagree with my observation that the patent system has become the single greatest obstacle to innovation faced by entrepreneurs and established companies alike.

Which is ironic, because the only reason the system exists at all is to encourage innovation.

In the U.S., patents have been around since 1790. Many would argue that the existence of this powerful but short-lived monopoly protection (originally only 14 years) given to inventors of novel and useful technology was crucial in America’s transformation from an agricultural to industrial economy.

Unfortunately, in the transformation from industrial to information economy, the system is showing both its age and the poor fit of many of the baubles and ornaments hung on it over the years by Congress and the courts. As I write in Law Eight of The Laws of Disruption, the unique economic properties of information call for a very different kind of incentive system, one that current information law doesn’t provide.

For more, see http://larrydownes.com/horsemen-of-the-patent-apocalypse/

Substantive Tags: intellectual property

Fall 2009 Hearsay Culture schedule posted

by David Levine, posted on September 30, 2009 - 6:46pm

I am very excited about the slate of upcoming guests for Hearsay Culture this quarter! Ranging from copyright experts to technology philosophers, this quarter should be fun and educational. Hopefully you will enjoy listening to the interviews and learn a bit as well!

Free tags: Hearsay Culture

Happiness and healthiness are contagious

by Colin Rule, posted on September 29, 2009 - 4:22pm

One of the more interesting results of the Framingham Heart Study: happiness and healthiness are contagious:

"two years ago, a pair of social scientists named Nicholas Christakis and James Fowler used the information collected over the years about Joseph and Eileen and several thousand of their neighbors to make an entirely different kind of discovery. By analyzing the Framingham data, Christakis and Fowler say, they have for the first time found some solid basis for a potentially powerful theory in epidemiology: that good behaviors — like quitting smoking or staying slender or being happy — pass from friend to friend almost as if they were contagious viruses..."

The Net Neutrality Walk of Shame

by Larry Downes, posted on September 28, 2009 - 4:59pm

It just gets worse...less than a week after the FCC Chairman calls for simple rules to enforce Net Neutrality, all the thieves have fallen out. Everyone thinks their view of the problem is simple and uncomplicated, and that those who understand it a different way are being intentionally confusing. No surprises here; this has been the modus operandi of the communications industry (whatever that means) and its regulators, lobbyists, and lawyers since 1974, when this fight really started. For the gory details, see http://larrydownes.com/the-net-neutrality-walk-of-shame/.

Substantive Tags: infrastructure

Joyce Estate Pays $240,000 In Attorneys' Fees To Shloss And Her Counsel

by Anthony Falzone, posted on September 28, 2009 - 10:47am

The long saga of Professor Carol Shloss's dispute with the Estate of James Joyce over her right to use copyrighted source materials in connection with her biography of Lucia Joyce has come to a remarkable end: Last May, the Court ordered the Estate to pay more than $326,000 in attorneys' fees. After initially appealing that decision to the Ninth Circuit, the Estate thought better of it and agreed to pay $240,000 in fees to resolve the matter once and for all.

This lawsuit represented the culmination of more than ten years of threats and intimidation by Stephen James Joyce, who purported to prohibit Professor Shloss from quoting from anything that James or Lucia Joyce ever wrote for any purpose. As a result of these threats, significant portions of source material were deleted from Shloss's book, Lucia Joyce: To Dance In The Wake. Roughly a year into the lawsuit, the Estate agreed to settle the case on terms that permit the publication of the material that was deleted. But Shloss also demanded the Estate pay attorneys' fees to compensate her counsel for the many hours they put in vindicating her rights in the face of the Estate's assertions of infringement. With this payment, much of that cost has been recouped.

The key here is to realize there are solutions to problems like the one Carol Shloss faced other than simple capitulation. The risks and costs of standing up for important rights like hers may be significant, but they can be managed. The playing field can be leveled and the tables can be turned. I hope this fact is impressed not only on other scholars, but also on the institutions that need to support them when they are faced with threats like these, as well as lawyers who are in a position to donate their time to help.

I hope what we accomplished here becomes a model for dealing with problems like the one Carol faced, whether my organization is involved or not. Whether that happens or not, I'm proud of Carol for standing her ground, proud of what we accomplished with her, and proud to have worked with the fantastic team of lawyers that got us here.

red-blue dialogue on health care part n+3

by Colin Rule, posted on September 25, 2009 - 8:53pm

Read Don's latest post here.

I thought in my last post we were making some progress in this discussion, but it seems we've backslid to talking points and exaggerations. So now I'm feeling much less optimistic that we'll be able to achieve even the most basic level of mutual understanding as a result of this exchange.

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