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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 vacates dismissal of a patent infringement suit, finding that a patent holder retains standing to sue in an excl
In this patent infringement suit, the United States Court of Appeals for the Federal Circuit considered the question of whether a patent holder retained the sta…
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Federal Circuit Dissent Calls for Clarification of Written Description Doctrine
The Federal Circuit denied a petition for rehearing en banc over the issue of what is required in the written description to justify a patent’s claims. Lizardte…
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Court rules website not liable for third party false information
Plaintiff Shelly Landry-Belle sued defendant Various Inc., the operator of AdultFriendFinder.com and several other websites, after Landry-Belle’s ex-boyfriend p…
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California District Court Enjoins Enforcement of Violent Video Game Law
The United States District Court for the Northern District of California, granted plaintiffs’ Video Software Dealers Association (VSDA) and Entertainment Softwa…
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Communications Decency Act Does Not Protect Internet Author-Administrators
The district court for the Southern District of Texas remanded this Internet libel action to state court. Plaintiff had originally filed suit in state court ag…
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Court Finds No Antitrust Injury From GNU General Public License (GPL)
This case involves the GNU General Public License (GPL), which governs the use of many products sold and distributed by the Free Software Foundation (FSF), incl…
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Eighth Circuit Holds that a Computer Security Contractor May Be Considered a “Victim” Under the CFAA
Defendant Thomas Millot worked for Aventis Pharmaceuticals as a systems analyst in the company’s information security department. Among other duties, Millot wa…
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California District Court Finds Anti-Bootlegging Statute Constitutional
This decision granted a motion by intervenor the United States to reconsider a motion to dismiss granted on December 21, 2004, in the United States District Cou…
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Internet service provider’s forum selection clause that requires California residents to travel to Georgia to recover small sums
The California Court of Appeals for the Second Appellate District found that the forum selection clause in defendant EarthLink, Inc.’s (“EarthLink”) membership…
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Great explanation
This is a GREAT article by Tim Wu, Columbia Law School, explaining in really readable language the history and problems associated with the patent system that h…
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Another Internet user in China disclosed by Yahoo
Reporters Without Borders reports that Yahoo supplied personal data about a user in China to Chinese police, leading to the dissident's jailing in 2003. Thi…
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Does it matter if it is not true?
It's been sort of funny watching Oprah struggle with the meaning of truth, and watching the entire publishing industry on edge waiting to adopt her meaning.…