Swartz's law : the rise of AI censors -- Carceral communications law : freedom and censors in the public sphere -- Coordinated inauthentic activity : private police and political dissent -- The freedom of reach : kingly power versus knowledge commons -- Locking the web "open" : paths to a...

This chapter in a forthcoming book attempts to map global patterns by which local tyrannies become sources of potentially global infringements on freedom of expression, particularly but not exclusively on the YouTube Web site. It illustrates certain parallels between the efforts to force...

This article describes the development of trademark liability for engaging in corporate criticism or parody on the Internet, and the emerging judicial consensus that imposing liability on this form of political speech violates the First Amendment rights of Internet users. The article begins by...

Anticompetitive collusion by intellectual property owners frequently triggered antitrust enforcement during the twentieth century. An emerging area of litigation and scholarship, however, involves conspiracies by potential licensees of intellectual property to reduce or eliminate opportunities...

This article analyzes the Innovation Act, which passed the U.S. House of Representatives on a promise to deal with the problem of "patent trolls" or non-practicing entities (NPEs). The article surveys the NPE controversy from a variety of perspectives, including the history and theory of...

This piece explores the digitization and uploading to the Internet of full-text books, book previews in the form of chapters or snippets, and databases that index the contents of book collections. Along the way, it will describe the economics of copyright, the "digital dilemma," and...

This article examines the tailoring of remedies in cases involving online infringement in particular. When websites communicate copyrighted works to members of the public or use trademarks unlawfully, domestic requirements of equitable relief come into tension with global enforcement cultures....

This chapter analyzes the privacy, intellectual property, competition policy, and human rights law implications of the rise of Facebook and the threat of a natural monopoly in social networking. Facebook instructed its users that it may provide friend lists and other profile information to third...

This paper will describe the drafting history of the Principles of the Law of Software Contracts, with particular attention to the extent of consumer and public-interest group representation in the process. The drafting process, I will argue, did not take adequate stock of problems identified in...

Cryptocurrencies such as Bitcoin and Ether encourage the owners of computing resources to bring ever-increasing levels of processing power to bear in validating the distributed ledger of cryptocurrency purchases and sales. Initial coin offerings (ICOs) involve the sale or other distribution of...