The Cambridge University Press decision and Educational Fair Use

The Eleventh Circuit released its 129-page opinion in Cambridge University Press v. Patton (which most of us probably still think of as the Becker case) last Friday. Although the appeals court reversed what I thought was a pretty solid opinion of the district court upholding Georgia State University’s practice of distributing digital “course packs” of reading […]

Hacking Revenge Porn

I’ll be back in Brooklyn on Thursday, to take part in a fantastic NYC Legal Hackers session on revenge porn. I’m excited to hear from and learn from Lee Rowland, Mark Jaffe, and Ari Waldman. And, I’m really grateful to Phil Weiss, Jonathan Askin, David Giller, and the brilliant Legal Hackers team for this event. […]

Law and Revenge Porn

The New York Times has an interesting article on attempts to use law to combat revenge porn. It quotes a series of experts, including Danielle Citron, Mary Anne Franks, Eric Goldman, Eugene Volokh, Charlotte Laws, and Marc Randazza. (Danielle has an excellent new book out on the topic, which I recommend. Disclosure: she kindly asked […]

The Illegal Process and Orwell’s Metaphors

James Grimmelmann and David Post have responses to Orwell’s Armchair up at the University of Chicago Law Review’s Dialogue site. I’m grateful and flattered to have them as partners in the discussion, and I am very excited to read their articles!

Whereupon I Depress Lifehacker Readers

Because DVD ripping is illegal if you bypass DRM. Which, most of the time, you have to.

Copyright Greenwashing

The Center for Individual Freedom has just published a paper by three RIAA lawyers that purports to develop a natural rights theory and history of copyright. The paper is short (6 pages long), which appears to be its only valuable quality. I’ll set out a brief critique below, but first I want to note that […]

NZBMatrix Takes the Red Pill

I talked with Lifehacker’s IP guru Adam Dachis about the closure of several Usenet indexing services, including NZBMatrix. NZBMatrix threw in the towel after coming under twin pressures: a flood of DMCA notices related to links pointing to allegedly infringing content, and difficulty navigating the requirements of service providers such as PayPal. It’s the latest […]

Having Solved Piracy, Time for Child Porn!

When I teach Internet Law, I joke that banning child pornography is straightforward since there isn’t a pro-kid porn lobby (unlike, say, banning copyright infringement or adult pornography). I stand corrected: Rick Falvinge, founder of Sweden’s Pirate Party, has taken up the pro-legalization cause. (Interesting choice as a policy focus, but to each their own.) […]

Censorship v3.1

I have a new essay up on SSRN, titled Censorship v3.1. It’s under consideration by the peer-reviewed journal IEEE Internet Computing. Here’s the abstract: Internet censorship has evolved. In Version 1.0, censorship was impossible; in Version 2.0, it was a characteristic of repressive regimes; and in Version 3.0, it spread to democracies who desired to […]

The Obama Administration and Six Strikes

Soon, major ISPs will be rolling out a “copyright education” program intended to deter infringement. The program, colloquially called “six strikes,” was negotiated between ISPs and the content industries – most notably the RIAA and MPAA. In addition, however, the Obama administration was heavily involved in the negotiations – primarily, it appears, on the side […]