How To Encourage Piracy

Major League Baseball has made me a pirate, with no regrets. Nick Ross, on Australia’s ABC, makes “The Case for Piracy.” His article argues that piracy often results, essentially, from market failure: customers are willing to pay content owners for access to material, and the content owners refuse – because they can’t be bothered to […]

Policing Copyright Infringement on the Net

Mark Lemley has a smart editorial up at Law.com on the hearings at the Second Circuit Court of Appeals in Viacom v. YouTube. The question is, formally, one of interpreting Title II of the Digital Millennium Copyright Act (17 U.S.C. 512), and determining whether YouTube meets the statutory requirements for immunity from liability. But this […]

The Myth of Cyberterror

UPI’s article on cyberterrorism helpfully states the obvious: there’s no such thing. This is in sharp contrast to the rhetoric in cybersecurity discussions, which highlights purported threats from terrorists to the power grid, the transportation system, and even the ability to play Space Invaders using the lights of skyscrapers. It’s all quite entertaining, except for […]

TechDirt on PROTECT IP

Mike Masnick has an article up at TechDirt about my podcast with Jerry Brito, whose Surprisingly Free series is the place to be seen (er, heard) for law geeks. Mike picks up on a major point of Orwell’s Armchair: let’s be transparent. If we intend to censor the Internet, then we should be willing to […]

Behind the Scenes of Six Strikes

Wired has a story on the cozy relationship between content industries and the Obama administration, which resulted in the deployment of the new “six strikes” plan to combat on-line copyright infringement. Internet security and privacy researcher Chris Soghoian obtained e-mail communication between administration officials and industry via a Freedom of Information Act (FoIA) request. (Disclosure: […]

Spying, Skynet, and Cybersecurity

The drones used by the U.S. Air Force have been infected by malware – reportedly, a program that logs the commands transmitted from the pilots’ computers at a base in Nevada to the drones flying over Iraq and Afghanistan. This has led to comparisons to Skynet, particularly since the Terminators’ network was supposed to become […]

America Censors the Internet

If you’re an on-line poker player, a fan of the Premier League, or someone who’d like to visit Cuba, you probably already know this. Most people, though, aren’t aware that America censors the Internet. Lawyers tend to believe that a pair of Supreme Court cases, Reno v. ACLU (1997) and Ashcroft v. ACLU (2004), permanently […]

What Do Commons Have In Common?

Thanks to Dan and the Prawfs crew for having me! Blogging here is a nice distraction from the Red Sox late-season collapse. I thought I’d start with a riddle: what do roller derby, windsurfing, SourceForge, and GalaxyZoo have in common? Last week, NYU Law School hosted Convening Cultural Commons, a two-day workshop intended to accelerate […]