Supreme Court’s eBay Decision: Unanimous But Uncertain

In a unanimous decision today, the Supreme Court overturned the assumption that injunctions issue nearly automatically in patent cases. (An injunction in a patent case is a court order stopping the infringer from continuing to practice the patent). Rather, the court held, injunctions in patent cases should be decided under the same four-factor test that [...]

The Interthreat and Friendly Filtering

We tend to think of Internet blocking / filtering / censorship as something that only repressive regimes attempt. Filtering, though, is a practice that exists along a continuum, with very minimal blocking at one end (Canada) and highly limited access at the other (North Korea, Burma). The desire to control content – whether for religious [...]

What Should We Call DRM?

Continuing my apparent preoccupation with terminology (see this post)… In the course of research and drafting of the white paper for the Berkman Center’s project on educational uses of content, we have found that Digital Rights Management (DRM) is among the most significant obstacles impeding access to content for educational purposes. For those who don’t [...]

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