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Google+There are many who disagree, but the study appears to raise interesting issues regarding the benefit to society of copyright protections. As Mike Masnick writes, copyright is about balancing benefits (incentives to create with the benefits of distribution).
constitution
National Rifle Association of America v. City of Chicago
The recent 7th Circuit case dealing with applying the 2nd Amendment to states is worth reading.
Secret evidence is incompatible with the rule of law
While the use of secret evidence may be acceptable initially (as part of an investigation or short-term detention while more evidence is gathered), the defense needs access to this evidence. Without it, any trial or legal process is simply unfair.
The dual nature of the U.S. Constitution
It is so much more fun to “expound” on the “adaptable” Constitution and simply pretend that the “hard-wired” one can always be “worked around.” But what if it can’t? What if there is a gorilla (or rattlesnake) in the room?
Have "Real-Time" Services Altered the Balance of the DMCA?
Image via Wikipedia The DMCA has a bad reputation with those who prefer to see greater freedom of information flow. Its anti-circumvention provisions provisions have attracted particular antipathy, and many believe the DMCA takedown provisions are regularly abused. The point … Continued
Journalist Shield Laws and Bloggers
Image via Wikipedia Should so-called “shield laws,” intended to provide protection for journalists from being forced to reveal their confidential sources, apply to bloggers? The current answer seems to be “no,” although the question must be asked on a jurisdiction-by-jurisdiction … Continued
Craigslist vs. South Carolina's Attorney General
Craigslist, under threat from the Attorney General of South Carolina, has decided to proactively defend itself in court: craigslist has filed suit against SC AG Henry McMaster in federal court in South Carolina, seeking declaratory relief and a restraining order … Continued
Saving Newspapers by Changing the Law
Image by Getty Images via Daylife In an article entitled, Lawyers: To Save Newspapers, Let’s Destroy Pretty Much Everything Else Good, the always-interesting Techdirt reacts to a recent Washington Post opinion piece about “saving” newspapers, and argues, “It’s time to … Continued
Consumers and Copyright: Thoughts about reforming the Digital Millennium Copyright Act (DMCA)
The Digital Millennium Copyright Act (DMCA) is much maligned, but, I think, not fully understood by very many people. Today, a visitor to our Software Law class from Microsoft presented a very good explanation of the 1998 law. He explained … Continued
Major extension of Boumediene
Image via Wikipedia Major extension of Boumediene | SCOTUSblog: Judge Bates’ decision ultimately rests on the same constitutional basis as the Supreme Court’s Boumediene decision: Congress’ nullification of the habeas rights of detainees was invalid under the Suspension Clause, which … Continued
The Volokh Conspiracy – Applying the Fourth Amendment to the Internet: A General Approach
Image via Wikipedia The Volokh Conspiracy – Applying the Fourth Amendment to the Internet: A General Approach: This article offers a general framework for applying the Fourth Amendment to the Internet. It assumes that courts will seek a technology-neutral translation … Continued
The Office of Legal Counsel
Image via Wikipedia Is the Office of Legal Counsel Constitutional? Some notes on the American Conseil Constitutionnel – Balkinization: The bottom line is that the OLC has become one of the most important law making bodies in our constitutional system, … Continued
The Exclusionary Rule at Risk
A longstanding part of U.S. law, known as the exclusionary rule, is getting bruised. The rule requires courts to exclude – or throw out – some evidence seized by law enforcement through illegal searches. But a ruling last month by … Continued
Why Does the U.S. Have an Exclusionary Rule?
In my view, the fact that criminal procedure rules are judge-made led fairly directly to the exclusionary rule. Put simply, the exclusionary remedy is the one remedy that judges can completely control. There are a variety of ways to enforce … Continued
Patent Gridlock Suppresses Innovation
The Founders might have used quill pens, but they would roll their eyes at how, in this supposedly technology-minded era, we’re undermining their intention to encourage innovation. The U.S. is stumbling in the transition from their Industrial Age to our … Continued
Evidence Faulted in Detainee Case
Evidence Faulted in Detainee Case – NYTimes.com: With some derision for the Bush administration’s arguments, a three-judge panel said the government contended that its accusations against the detainee should be accepted as true because they had been repeated in at … Continued
