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AI v. the Law: Should the Law Keep Up With AI?
In Robert Penn Warren’s All the King’s Men, the author compares the law to a blanket. When used by a big family in the same bed, one family member tugs on the b…
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Applying Federal Digital Communications Privacy Law to Hosted AI Models
On March 31, I gave a virtual guest lecture in Mailyn Fidler’s course “The Digital Fourth Amendment” at Harvard Law School. Prof. Fidler invited me to come talk…
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Well, At Least the Anti-States’ Rights AI EO Spares AI-CSAM Laws
On December 11, 2025, President Trump signed an executive order (EO) that purports to deprive states of the ability to regulate artificial intelligence (AI) – t…
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New York Times Explains How Rowling's Tight Grip Chokes Creativity
We agreed to help represent RDR Books in its litigation against J.K. Rowling because she asserts rights that go far beyond those the Copyright Act gives her, an…
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RDR Files Opposition To Rowling's Preliminary Injunction Motion
On Friday, we filed our opposition to J.K. Rowling's motion to enjoin publication of the Lexicon. In our brief, we explain both why the Lexicon is the sort…
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The Effect of Patent Reexaminations
In the context of aspects S1145 for Patent Reform, attached is a chart that illustrates the effect of patent reexaminations and litigation on patents. This com…
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Negotiation Tips for Yahoo
Now this is my kind of negotiation training. Long live Shpigler!…
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Why Lessig is 4 Obama
In the classic Lessig style. I don't know why he writes like Prince ("What r Obama's supporters 4?") but I found it quite persuasive.…
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Obama vs. the Phobocracy
Michael Chabon in today's Washington Post: "There are many reasons not to support Barack Obama's candidacy for president, but every one of them is…
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the defining choice: ideology vs. consensus
Michael Oreskes in the Feb. 3 NYT: "...Call it a split between whether politics should be a pursuit of consensus or an effort to enact a party’s fundamenta…
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Israel’s Fair Use
Some time ago I did a post on the new copyright legislation in Israel. There are many interesting things about this law, and now, at the curtsey of Prof. Niva E…
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Lessig on the Continuing Question of © and the First Amendment
On January 4, the Supreme Court denied the petition for cert in Kahle v. Gonzales. On that same day, in a victory for CIS, the 10th Circuit refused the governm…
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The Changing Face of Technology Transfer
Technology transfer, and the exchange of patents in particular, entering a phase reflecting a maturing of the practice. In the past I’ve reported about the Oc…
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Law Grad, 32: Don’t Do What I Did
Martha Neil yesterday on the ABA Journal blog: "A 32-year-old Boston University law graduate is on a one-woman crusade to save others from making the same…
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Making voting choices by "unconscious cognition"
Brooks in today's Times: "...many of the theories we come up with are bogus. They are based on the assumption that voters make cold, rational decisions…