The Virtues of Inefficiency

One of the Internet’s chief virtues is inefficiency. “Best effort” packet routing – as Jonathan Zittrain describes it, the “bucket brigade” where each link in the network tries to pass packets to the next hop, but without guarantees – is less efficient than a protocol that seeks to guarantee transmission and thereby minimizes bandwidth used [...]

Wikimania 2006 at Harvard

Many Berkman-related friends are deeply involved in planning the Wikimania 2006 Conference, which will be held on the Harvard Law School campus on August 4-6, 2006. Registration recently opened. They have a ton of interesting speakers signed up, including Berkmanites Jonathan Zittrain, David Weinberger, Dan Gillmor, Larry Lessig, and (obviously) Jimmy Wales, the Godfather of [...]

New Open Access Author’s Addenda

The Scholar’s Copyright Project at Science Commons has developed an exciting tool for scholars who want to ensure that their work is accessible in a more open way. They have promulgated three different versions of a model “Author’s Addendum.” Essentially, these contain contractual language allowing authors to retain certain rights under copyright law, such as [...]

Um, No, It Doesn’t

CNN has a story about a lawsuit over the use of The Standells’ song “Dirty Water” in a new set of beer commercials. The following passage caught my eye: The Standells learned of the Budweiser commercials when their record company received a “substantial” royalty payment for use of the song, their attorney said. Royalties are [...]

Social Darknets

Just a few random thoughts in response to yesterday’s much-e-mailed NYT column (For Some, Online Persona Undermines a Résumé) on the perils of posting too much information about oneself on social-networking sites (registration required, unless you use somebody else’s). The shorthand version: employers are trolling social networking sites like MySpace and Friendster looking for embarrassing [...]

A Great Job at Berkman for Tech/IP-Savvy Attorneys

I am a little late to the game, but did not want to miss the opportunity to highlight the new job opening at the Berkman Center for Internet & Society at Harvard Law School (also blogged by the Center’s Executive Director, Professor John Palfrey, here). The Center is looking to hire an Assistant Director to [...]

Maryland Symposium on Digital Copyright and Higher Education

I will be speaking later this week at a conference at the University of Maryland entitled “Copyright at a Crossroads: The Impact of Mass Digitization on Copyright and Higher Education.” It promises to be a fascinating convergence of the legal, educational, and library worlds. Highlights include a keynote from Siva Vaidhyanathan about the “Googlization of [...]

Identity Theft and the Old-Fashioned Con

A column in today’s Washington Post by technology writer Leslie Walker gives further context to my earlier post emphasizing how often identity theft stems from garden-variety con artists and poor security by data collectors rather than any kind of high-tech hijinks by sophisticated computer criminals.  Walker writes: The stories told by Richard W. Goldberg, a [...]

Old Licensing Models and Netflix’s Future

This morning’s New York Times had a neat story about Netflix [reg/$$$ req'd]. This phenomenon is Exhibit A in the argument for the “Long Tail.” According to the Times, every day customers order between 35,000 and 40,000 of the 60,000 titles available from Netflix. The article also asks and answers a question I’d asked myself: [...]

Presuming Harm from IP Infringement

Copyright law guru William Patry has posted a thorough and interesting critique of the presumption of irreparable harm that most courts apply in copyright cases. It dovetails nicely with the Supreme Court’s recent eBay decision in the patent context (which I discussed here). And if the idea catches on, it has some nice potential application [...]