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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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Excellent Fair Use Resource
The Brennan Center for Justice has published this study on fair use. It's really well done, and a great resource for anyone interested in understanding the…
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Utah District Court Rejects Personal Jurisdiction Based on Cease-and-Desist Letters Sent By “Patent Troll”
The United States District Court for the District of Utah, Central Division recently granted defendant Furnace Brook LLC’s (“Furnace Brook”) motion to dismiss p…
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Court Orders Justice Department to Deliver Patriot Act Documents
In March 2005, the Electronic Privacy Information Center (EPIC) filed a request under the Freedom of Information Act (FOIA) for documents pertaining to the U.S.…
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Eleventh Circuit Does Not Extend Alabama State Shield Law To Magazine Reporters
Plaintiff Michael Price, the head coach of the University of Alabama's football team, sued Time Inc., the publisher of Sports Illustrated, and a writer name…
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Patent Claim Covering Both an Apparatus and a Method for Using that Apparatus is Invalid for Indefiniteness
Plaintiff-appellant IPXL Holdings, L.L.C. (“IPXL”) holds a patent for an “electronic fund transfer or transaction system” that stores user information, displays…
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Federal Circuit Rules Alternatives Must be Specifically Identified to be Dedicated to the Public
The United States Court of Appeals for the Federal Circuit upheld a preliminary injunction granted by the United States District Court for the District of New J…
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Court denies summary judgment motions focused on the meaning of “interactive” under the Digital Millennium Copyright Act of 1998
In a case before the United States District Court for the Southern District of New York, plaintiffs, major recording industry members including BMG Music, Virgi…
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Tabloids and Broadsheets
A journalism group released a study showing that tabloid format papers -- the San Francisco Bay Guardian is tabloid shaped, as opposed to the broadsheet publish…
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Austrias Citizens E-ified
Austria has finished to issue its citizens the 'ecard' and now is the first country worldwide where the whole population is equipped with a government a…
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Mediation without shuttle diplomacy
As an IP lawyer, I've participated in several mediations to resolve disputes that are being litigated. The parties are usually greeted by a settlement judge…
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Objective evidence that I am a leading scholar, even a thought leader
At this time (approximately 11:50 pm ET) on Saturday, December 10, 2005, if you enter "National Security," Sarbanes, and Oxley into Google, the number…
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DRM and Security
I don't usually have that much patience for discussions about how terrible the big media companies are and how they're going to destroy fair use, creati…