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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 Two Faces Of Perfect 10 v. Google
The Ninth Circuit has issued its long-awaited opinion in Google v. Perfect 10. Read the decision here. My initial take is that it's a mixed bag. On one h…
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A proposed new crime: "attempted" copyright infringement
This has left me speechless. Read also here on the administration's new bill called the Intellectual Property Protection Act of 2007. Maybe you'll becom…
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(Rejecting) The Human Community
Brooks in the 5/11 NYT : "In April 1999, Blair delivered a speech in Chicago in which he ran down all the features of the globalized world that cross borde…
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Sunshine for the Virtual Town Hall
Tom Grubisich, in the May 14th Washington Post: "These days we want "transparency" in all institutions, even private ones. There's one massiv…
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Study Finds High-testosterone People Feel Rewarded By Others' Anger
Science Daily, reporting on a U-Michigan press release, May 12: "Most people don't appreciate an angry look, but a new University of Michigan psycholog…
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Take Down Stay Down
After a successful trial MySpace has announced its novel “Take Down Stay Down” campaign. The idea is that upon reception of notice about unauthorized upload of…
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Internet Radio Bills Supported by College Broadcasters
While with CIS, Fellow Elizabeth Rader (now with Akin Gump) did a lot of excellent work for college broadcasters facing prohibitively high fees and complex pape…
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Victory for BT!
After a very long saga, BT has been vindicated in his fight againt New York Musician Ralph Vargas and Vargas's producer, Bland-Ricky Roberts, who together a…
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Wikis in law
Robert Ambroji has a nice article in Law.com's In-House Counsel section on wikis and their use in the legal profession. He highlights a number of law-relate…
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Fair Use Project Profiled on NPR's Morning Edition
NPR's Morning Edition ran an extended profile of the Fair Use Project and some of the clients it has worked with. Listen to it here.…
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Universal Music's Second Strike
Last year, Universal Music threatened Javier Prato with legal action for using "I Will Survive" in a humorous video posted on YouTube. It retreated a…
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Spend an hour in a virtual world this week
Join us for a conversation at State of play academy. All you need to do is: (1) download the software. (only works on PC or PC emulator-- like Mac running boot…