In this blog post, I explain how SCOTUS's decision in Cox v. Sony will be mitigated, narrowed, and likely circumvented. Bottom line: despite Thomas's opinion, courts are unlikely to let service providers knowingly facilitate copyright infringement. blog.ericgoldman.org/archives/202...

The Law Bytes Podcast, Episode 253: Guy Rub (@guyrub.bsky.social) on the Unconvincing Case for a New Canadian Artists’ Resale Right www.michaelgeist.ca/2025/12/the-...

"copyright's invisible hand: subsidizing america's cultural institutions" @guyrub.bsky.social #wipip26 what if we unbundle users/consumers? copyright law sometimes tells intensive users to pay more; other times treats all users the same way

Congress's copyright policy has consistently sought to subsidize libraries and the publishers have found a loophole through that with the ebook licensing market. -- @guyrub.bsky.social #wipip26

"In a field dominated by open-ended standards refined across thousands of disputes, a court that decides fewer than one copyright case per year is structurally ill-suited to act as a central planner" - @guyrub.bsky.social

My new work suggests SCOTUS plays a limited role in shaping copyright law, as its decisions are filtered & narrowed by repeat players. The result is a resilient & decentralized copyright system. Thoughts on the connection to Cox v. Sony are coming soon. papers.ssrn.com/sol3/papers....

Great panel now on how we understand the consumer when we assess the prospect of competition in fair use, with Erich Andersen, @kristelia.bsky.social, @katgeddes.bsky.social, @guyrub.bsky.social, and @cjsprigman.bsky.social #conspicuousconsumers

Just in time for the new semester, @guyrub.bsky.social, Ethan Leib, @pamelabookman.bsky.social, @matthewtbodie.bsky.social, Tal Kastner, & @jakelinford.bsky.social have made available a new open-source contracts casebook. lawprofessors.typepad.com/contractspro...

My co-authors (@jakelinford.bsky.social, @matthewtbodie.bsky.social, @pamelabookman.bsky.social, Ethan Leib, & Tal Kastner) and I are excited to share a new project: an open-source, free, customizable & modular contract law casebook. Check it out! lawprofessors.typepad.com/contractspro... ‪

My article, Reimagining Digital Libraries, analyzing the struggle of public libraries to adapt to the digital world, and why copyright law should adjust to tackle that new world is now out at the Georgetown Law Journal. Read it while it last. papers.ssrn.com/sol3/papers....

As old as Alfred Bell v. Catalda is, isn't it similar to the newly-recorded songs in musical biographies? Chalamet doing Dylan, Malek doing Mercury, and so on. Putting in a lot of labor to fully copy a famous artist as closely as possible, without attempting to add anything of your own.

It is exciting to participate in the wonderful Tri-State IP workshop. Thanks @jeannefromer.bsky.social for inviting me.

Jim Harbaugh losing to C. J. Stroud. Sadness. It's a good time to be a Buckeye in Texas.

Of course nobody likes ND. But I want someone to take down Georgia's evil empire in the next round. So, go Irish?

The "logic" of @fetterman.senate.gov is truly fascinating. I support the first federal anti-LGBTQ legislation in decades, but it doesn't mean anything because I have a pride flag. We'll, you should take it down. #loser www.post-gazette.com/news/politic...

So what is Texas's flagship win this season? (Or ND, or PSU for that matter). Why should they be highly ranked?

The Buckeyes only needs to beat Tennessee, Oregon, Texas, and Georgia to win the natty. Easy. BTW, Ryan Day is 0-3 against SEC teams.

Maybe Julian Sayin should take it from here, including this year's playoff. Will Howard is a really nice guy, but it's not it.

Buckeyes has the best defense in the country. Best WRs in the country. Most expensive squad. 6 of the top 11 recruits in the senior year. Michigan without their best players. This should be Ryan Day's last game as our head coach.

Stop. Running. The. F*. Ball.

Smart decision by Georgia to dedicate some of their NIL budget to the refs. This Game was fun (and sooo long) but the level was just OK.

The new decision in X v Bright Data muddles the water. It holds that C's contract (and other) claims prohibiting scrapping are preempted (and for reasons that are less clear than before), but those preventing access are now OK. news.bloomberglaw.com/ip-law/x-par...

As a OSU fan, I think that the SEC champion should be ranked #1 in the college football playoff. I hope it happens.

If this is the bracket for college football, both Oregon and OSU will try to throw the Big10 champion game.

I did not expect the Sooners destroying Bama. The playoff choice is going to be extremely messy after this. The 4 Big10 teams are in. Georgia, Tennessee, and the winner of Texas-A&M are in. ND is in. The winners of the ACC, Big12, and Mountains are in. That's 11. Who's 12?

The Buckeyes gave the SEC another playoff spot and Ole Miss just gave it back to Indiana. This is such a great season for college football.

Yep. The SEC are close to getting their fifth playoff team.

So Italy basically just won the #DavisCup. Impressive back to back wins. www.tennismajors.com/others-news/...

Sometimes I think that the Democrats and their leadership just don't know how to be in power and sorta don't deserve to have it. This train wreck is a good example. Granted, for other reasons, we don't deserve the alternative either. www.cnn.com/2024/11/21/p...

Those surprised by the $6.2M deal over "Comedian" were not paying attention to the world of conceptual art. This is neither new nor unusual. It's the price of basically bragging rights backed up by the social norms of the art world. I called it "owning nothingness" papers.ssrn.com/sol3/papers....

This result is both as expected and unfortunate. We will see what happens on appeal, but trademark law might have moved too far into "brand protection" to be steered back in the right direction.

The never-ending #copyright dispute re realtors posting floorplans online is @ the 8th Cir again, now on fair use. The architect makes an interesting argument: even if posting the plans is fair, leaving them online is not. Sounds crazy, but under Warhol, maybe less so (assuming it's public display)?

Spain should fire David Ferrer for letting Nadal play today. And hire Nadal to replace him. www.atptour.com/en/news/spai...

An interesting report on a fun (in a copyright-nerdy way) question: The 2022 Nelson memo calls for more openness of federally-funded research. Does the Federal Purpose License, which agencies been granted for decades, already do that? The reports says "maybe." I don't disagree, but 4 comments:

It looks like this might be Rafa Nadal's last game. He is an amazing athlete, one of the greatest, but he's playing in slo-mo today. Btw, he's a year and a half younger than LeBron.

I would love to tell you about the times vaccines prevented me from getting sick, but every time it happens, I don’t notice. I just keep feeling well. Neither do you. Public health, when it’s working, is invisible.

I really need to get my bridge sold.

The Internet Archive @archive.org is hiring lawyers. And it surely needs them. Great opportunity for those interested in copyright policy.