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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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Generosity in the Genes
"Generosity May Be Genetically Programmed, Israeli Study Says" by Alisa Odenheimer: "Philanthropists may be genetically programmed to donate to…
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Defending The Lexicon
Yes, it's true. As Zohar Efroni reported, the Fair Use Project has signed on as co-counsel representing RDR Books in its litigation against J.K. Rowling an…
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Mulligan and Perzanowski on the Sony BMG Rootkit Fiasco
I have never seen an SSRN paper receiving 1700 recorded downloads in mere three days or so. This is exactly what happened to “The Magnificence of the Disaster:…
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CIS Petitions for Review in Kahle
CIS has petitioned for review of the Ninth Circuit's decision in Kahle v. Gonzalez, asking the Supreme Court to clarify the scope of the “traditional contou…
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Government Seeks Rehearing in Golan
After our win in Golan v. Gonzales, the government has petitioned the Tenth Circuit for a rehearing of the case, which decided that the Uruguay Round Agreements…
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Fair Use Project to Represent RDR Books in Harry Potter Lexicon Dispute
Here's a link to the press release. It is not my jurisdiction to cover this development - I trust you’ll hear more details and updates from Anthony and his…
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The Story of Stuff: The Power of Simple Web Graphics
The power of simple graphics on the Web is hard to beat. Annie Leonard's The Story of Stuff lays out what's at stake for consumers if they choose wisel…
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Good Post on US Libel Law and Blogging (w/ ref to comments)
Mindy McAdams has written a useful round-up of current case law (US) and thinking around bloggers' legal responsibility for libelous comments posted on thei…
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CC and GFDL interoperability
Something significant has happened in the world of free licensing, Lessig has the details and a video. Apparently, an important step has been made towards inter…
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Henry Jenkins on Moral Kombat
Henry Jenkins at M.I.T. put up an excellent post about Moral Kombat, one of the first films we reviewed as part of our then-new (now not-so-new but significantl…
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SPLIT: A Divided America
Shocking and informative, SPLIT: A DIVIDED AMERICA takes a behind the scenes look at the partisanship dominating our politics. Balancing candid discussions with…
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Beyond Belief
Susan Retik and Patti Quigley are two ordinary soccer moms living in the affluent suburbs of Boston until tragedy strikes. Rather than turning inwards, grief co…