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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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Federal Circuit Holds “Trademark Disparagement” Not A Claim Under the Lanham Act
Author: Irene Hahn I. Facts and Procedural History The Freecycle Network (TFN) is a nonprofit Arizona corporation “dedicated to encouraging and coordinating t…
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Website Terms and Conditions Governed After the Termination of Services Agreement, Despite Lack of Specific Acceptance of Terms
Author: Julie Kane Conference America, Inc., an Alabama corporation, contracted with Conexant Systems, Inc., a Delaware corporation operating in California, to…
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Submission of a Reconstruction as Deposit Copy Invalidates Copyright Registration and Nullifies Federal Subject Matter Jurisdict
Author: Juliana Tutt In Torres-Negrón v. J & N Records, L.L.C., the court determined two issues: whether the plaintiff’s submission of a tape recording of…
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Microsoft's EU Antitrust Case: A Clearly Bad Precedent
This week, Microsoft dropped its appeal in the European version of the antitrust action against the company that has been proceeding for about ten years. The E…
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Surveillance and Amnesty in Congress
In this week's Circuit Court column, I write about the legislative battle over changing our communications eavesdropping laws and a related issue of giving…
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The Modern Rabbit Hole
Virginia Heffernan in the NYT Magazine over the weekend: "Movies and music engage and enlighten me, but they don’t steal my mind... For that I increasingly…
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Copyright Law and the Information Cost Theory
Intellectual Property as Property: Delineating Entitlements in Information, authored by Prof. Henry Smith was published last summer in the Yale Law Journal. It…
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Why, Diddy? Why?
Music sampling has suffered a strange fate at the hands of copyright law. It should fare well under the fair use doctrine. In general, it's very transform…
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Aguiar v. Webb: Documentary Film Program Defends Filmmaker's Fair Use and Free Speech Rights
Plaintiff William V. Aguiar III, sued documentary filmmaker Floyd Webb, alleging that Webb's promotional website and film trailer for his upcoming film infr…
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Hot Flash
Using a combination of archival, interview and new concert footage as well as photographs, news clippings, and contemporary critical analysis, HOT FLASH tells t…
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Blog Action Day - Talking about the Environment
So I'm 24 hours late, but yesterday was Blog Action Day, which focused on an effort to get people talking about the environment. It's an interesting co…
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Dignity, not democracy
David Ignatius in today's Post: "We talk about democracy and human rights. Iraqis talk about justice and honor." That comment from Lt. Col. David…