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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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The Podcasting Business Book
I'm happy to announce the release of The Business Podcasting Book: Launching, Marketing, and Measuring Your Podcast. I wrote chapter 9 of the book which cov…
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Podcast Academy #6
{This is cross-posted at Rules for the Revolution.} I'll be speaking at Podcast Academy #6 taking place the day before the Podcast & New Media Expo. It…
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ABA Conference - Ethics of lawyer blogs.
I'm wrapping up a vacation and as I return to on-line life, I wanted to write an update on a few upcoming events, which I'll do in the next few posts.…
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A Win for the Cyberlaw Clinic in DirecTV Case
This week, the 9th U.S. Circuit Court of Appeals blocked satellite television provider DirecTV's heavy-handed legal tactics and protected security and compu…
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Copyright and education
William Patry has an interesting post today about imbalanced educational campaigns directed to children concerning copyright violations. I suppose that one of t…
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'729 Patent on recording live performances 86'd
A rare Inter Partes patent reexamination just emerged from the PTO, cancelling all 5 claims. Patent 6,614,729 issued to Griner, et. al., for a SYSTEM AND METHO…
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From Wifi to Wikis and Open Source
Journal on Law and High Technology (2006) - The Political Economy of Collaborative Production in the Digital Information Age From Wifi to Wikis and Open Sourc…
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Victory In The 10th Circuit: What Enters The Public Domain Stays In The Public Domain
The Tenth Circuit handed us a momentous victory today, holding that the Uruguay Round Agreements Act ("URAA") altered the "traditional contours o…
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Golan v. Gonzales -- The First Amendment Lives!
It's almost midnight here on the east coast, but I'm wide awake -- happily -- because I have some truly *great* news to report. The 10th Circuit just h…
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How lucky people think differently than unlucky people
From a Fast Company interview with Richard Wiseman by Daniel Pink a few years back that my friend Nat Johnson sent me: "What are some of the ways that luc…
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The origins of mistrust
Damien Cave in today's New York Times: "Shatha al-Musawi, a Shiite member of Parliament, first encountered the Sunni-Shiite divide on the day the Ameri…
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BT Responds to Plaintiffs' Opposition to His Fee Motion
The briefing on BT's motion for attorneys' fees is now complete. Last Friday, BT filed his Reply Memorandum in response to Plaintiffs' Opposition t…