Digital Market Manipulation
Jon Hanson and Douglas Kysar coined the term “market manipulation” in 1999 to describe how companies exploit the cognitive limitations of consumers. Everything…
Publication
Urban Guerrilla & Piracy Surveillance: Accidental Casualties in Fighting Piracy in P2P Networks in Europe
Copyright law is facing its biggest challenge yet as it copes with technological development and an increasingly global information market. The advent of peer-t…
Fair Use for the Rich and Fabulous?
In two recent decisions concerning copyright’s fair use doctrine, the Second Circuit addressed the lawfulness of incorporating one creative work into a new one.…
The Ethics of Saving Lives With Autonomous Cars Are Far Murkier Than You Think
The Ethics of Saving Lives With Autonomous Cars Are Far Murkier Than You Think, an op ed by Patrick Lin on Wired. * Publication Type:Other Writing * Publicat…
The Secret FISA Court Must Go
The Secret FISA Court Must Go, an op ed on The Daily Beast. * Publication Type:Other Writing * Publication Date:07/24/2013…
Brief of Amici Curiae Mozilla Foundation, Computer Scientists, Security and Privacy Experts in Support of Defendant-Appellant and Reversal
Arguing that a defendant’s conviction for website hacking should be overturned because legitimate, highly valuable security and privacy research commonly employ…
Understanding Trademark Strength
Trademark strength, properly understood, refers to the scope of protection afforded a trademark by courts based on that mark’s inherent and acquired: (1) tenden…
What’s a Name Worth?: Experimental Tests of the Value of Attribution in Intellectual Property
Full article available from Boston University Law Review. Despite considerable research suggesting that creators value attribution – that is, being named as th…
U.S Government Surveillance: Bad for Silicon Valley, Bad for Democracy Around the World
U.S Government Surveillance: Bad for Silicon Valley, Bad for Democracy Around the World: An op ed in The Atlantic. * Publication Type:Other Writing * Publica…
Make copyright law less of a lottery
Cross-posted from The Art Newspaper I was delighted when the Second Circuit Court of Appeals issued its long-awaited decision in favour of Richard Prince in Ap…
The Criminal N.S.A.
The Criminal N.S.A., an op ed in The New York Times. * Publication Type:Other Writing * Publication Date:06/27/2013…
Obscurity by Design
Design-based solutions to confront technological privacy threats are becoming popular with regulators. However, these promising solutions have left the full pot…