Copyright, Internet Law, Privacy, EFF, EPIC, @auths_alliance, BCLT

UC Berkeley
Definitely best. We all care.
Twitter is flooded with people talking about an oral argument involving standing. This is either the worst or the best.
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This is a really bad idea. The law should recognize a general right to read anonymously.
Scientific publishers propose installing spyware in university libraries to protect copyrights - Coda Story ift.tt/2JXOE03
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Replying to @ProjectLincoln
I wonder who talked him into going to pay honor to RBG. He was certainly not someone who admired her
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Wow! @BerkeleyLaw just pulled out of USNews rankings also
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In case you need some advice on this topic
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Wasn't there this emolument clause that would make this inappropriate ?
Trump committees have paid nearly $500K this year to Trump hotels, Trump Tower and Trump restaurants. Via @mateagold wapo.st/2nNEfZ7?tid=ss_tw
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A video of my @berkeley_ai lecture on generative AI meets copyright is now available on youtube; will copyright law bring generative AI to its knees? piped.video/watch?v=6sDGIrVO…
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I can’t unsee this so I thought I’d share. Posted on the road to Howell Mountain
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Amicus briefs in support of Google were hugely important in supporting the fair use defense. Worth the effort
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WOW! SCOTUS to hear Oracle v Google software copyright case after all. Let the fun begin!
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Replying to @brittny_mejia
When I became a MacArthur Fellow in 1997, I called my mother to tell her the news, she said this means nothing to me unless it’s in the Yakima Daily Herald. The Berkeley comms staff reached out to my hometown paper. They published something about the award. This made my mum happy
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Well intentioned idea to create property rights in data, but profoundly misguided. This idea will backfire. To get services, you’ll be asked to transfer them, & then exploiters will own
Kevin Chen (J.D. 2022) breaks down Andrew Yang's promise of "Data as a Property Right." Check it out below: btlj.org/2019/12/yanging-and…
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For my Unbundling Fair Uses article, I read more than 330 fair use decisions (in the order in which they had been written). Never saw a jury verdict of fair use reversed.
Question for the profs and assorted copyright nerds: Is today's GOOG v. Oracle ruling the first time an appellate court has overruled a jury verdict that found fair use? (I think it is.)
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Nothing CF says is true except that I am EFF's Board Chair. They rely on ad hominem because there is no substance to their charges. My record of promoting sound copyright law speaks for itself
5 Reasons the EFF’s New Board Chair is Terrifyingly Anti-Copyright ~ CreativeFuture buff.ly/2CNZdMu Missed this until now @PamelaSamuelson
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I’m so worried that the Court is squelching votes that should be counted
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In high school I was forbidden from taking calculus because I was a girl. Instead of focusing on math (which I loved), I focused on history. Even though I had gotten an A+ in geometry & trig, the school denied me entry. I want more “girls” do do math & science.
In my first semester of college, I failed Calculus. Not great for my GPA, but great for my future. Instead of focusing on grades, I focused on gaining experiences and developing a range of skills. @AdamMGrant explains why I was lucky. nytimes.com/2018/12/08/opini…
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Congratulations, @CatherineNCrump whom the Berkeley Law faculty have voted in support of clinical tenure for her brilliant work for the tech law clinic & outstanding teaching prowess
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In the IP field, it should be easy to cite more women law scholars because we do great work. So just cite us, guys.
.@HeinOnline released the 250 most-cited legal scholars. Only 36 were women + only 2 were women of color (h/t @meeradeo). Commit NOW to critical reflection on your citation practices. Tell us, what steps will YOU take to #citewomen? #WomenAlsoKnowLaw buff.ly/2W0gcpn
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The FTC should be embarrassed to have published a report on generative AI copyright issues based on a highly selective one-sided small group of genAI critics
There are many perspectives on generative AI. Today, the @FTC published a staff report voted out by the Commission that summarized some of the themes that emerged from the “Creative Economy and Generative AI” roundtable discussion in October: bit.ly/41vaLyz #GenAI /1
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Derivative work? Or fair use? Or VARA violation?
Polish yarn bombing artist, Olek, Charging Bull on Wall Street #womensart
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Justice Ginsburg last October after having given the inaugural Herma Hill Kay lecture ⁦@BerkeleyLaw⁩ at the home of ⁦@profamandatyler⁩. May she Rest In Peace. God help our country
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From 1983-1996 I devoted my research to understanding why SW should get meaningful but limited rights from copyright & patent laws. For more than 20 years, these limits were recognized & respected. The CAFC’s 2 Oracle decisions upend decades of sound decisions. Aaargh!
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This morning’s harvest from my vegetable garden
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For tonight I just need to pretend that the pre-Musk Twitter exists for some people with whom I feel connected
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Today’s harvest from my garden
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One of the wild parrots of Telegraph Hill visited my work window ledge this morning
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I’ve been using the open source copyright book & loving it + I feel I’ve done right by my students to assign a book that doesn’t cost almost $300 as the last book I assigned did.
Two casebooks by @nyulaw professors are available for free download with the recent release of @JeanneFromer and @CJSprigman’s joint casebook on #CopyrightLaw and Barton Beebe’s open-source casebook on #TrademarkLaw: ow.ly/QEI450vYauk
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This is a photo of nervous me getting ready to testify before a Senate subcommittee 2 years ago today. The last “normal” day of my life. A day later this Senate building was closed to the public because of covid
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Replying to @GenericBologna
Copyright protection is too strong
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Replying to @JakeYeston
Holmes was a bully toward people who asked questions. Tried to ruin some people’s lives. No sympathy for her
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Very pleased that my article Withholding Injunctions in Copyright Case: Impact of eBay is now out in 63 Wm & Mary L Rev 773. Thanks to the editors for excellent work
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Celebrating our 30th wedding anniversary by hiking in Yosemite. The falls from Glacier Point
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I actually grew my own garlic. One clove each planted 6-7 months ago made new heads over time
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Last sunset of 2021 from an overlook near our house in St Helena. May 2022 be a much better year for us all
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Replying to @OrinKerr
Don’t be afraid to send a well-crafted draft to senior scholars in your field. Not everyone will respond but those who do will offer good advice & might even become your friends
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Our cactus in glorious bloom
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In the Toronto airport I met a penguin friend who welcomed me to the deep north
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My latest co-authored paper on the compatibility of the US fair use doctrine & US's international treaty obligations. papers.ssrn.com/sol3/papers.…
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Public domain means new creative uses can be made of works. And disadvantaged communities can get access who didn’t have it before.
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To celebrate the end of the semester & an anniversary, we went to Angel Island today & walked to an overlook where we sat at a picnic table for lunch. A year ago this kind of getaway was unthinkable
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That’s me at the March 10 Senate IP subcommittee hearing about what other countries are doing about online piracy. Don’t follow the EU’s Article 17 approach, I advised. But Tillis has proposed notice & staydown anyway. Maybe I should have stayed home.
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Where we had lunch last Sunday just before leaving Yosemite. This is the last Yosemite photo I’ll be sharing as the mandatory evacuation order under which our Napa house has been lifted. Lots of ash but garden is ok. Rose & vegetable photos lie ahead
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It breaks my heart that @jreidenberg who was a true pioneer in the information privacy field is no longer with us. He was so brave & so wise & gave his support to so many of us. May his memory be a blessing
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Maybe no one is inventor of nonobvious outputs of AI systems. Maybe machines don’t need incentives to generate outputs
And @uspto Director Iancu is questioning AI and invention: “what if the machine creates a new thing, who is the owner? The machine? The original developer?” (@PamelaSamuelson might have some thoughts on that.)
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The Glass fire in Napa came within a quarter mile of our house. Next house up the road was destroyed. We were saved by the reservoir pond
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Google’s use was transformative. Federal Circuit’s narrow interpretation of this concept was rejected
Google v Oracle is out! Fair use!
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Rose of the day from a neighbor’s garden. After this tumultuous day, I want to share something beautiful
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Merry Christmas from me and my tomatoes
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Congress needs to amend law so Federal Circuit cannot rule on copyright cases when no patent issue is on appeal. Deciding no fair use as a matter of law in Oracle v. Google is a travesty
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CreativeFuture must have decided to take up fiction writing because nothing they say is true except that I am @EFF board chair. Like Trump, they are oblivious to truth
5 Reasons the EFF’s New Board Chair is Terrifyingly Anti-Copyright ~ CreativeFuture buff.ly/2CNZdMu Missed this until now @PamelaSamuelson
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Today’s harvest of tomatoes (plus my toes)
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#ipsc2018 at Memorial Stadium in Berkeley. The Campanile as if a candle. Welcome IP scholars to Berkeley
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For old times sake I share my favorite photo today from Yosemite National Park
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The first rose blooms of the season from my garden.
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That orange rosebud I tweeted last week has now opened up beautifully
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Just after sunset in the golden state
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Spring flowers in downtown SF after my second vaccine shot. Hurrah!
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Having written a scholarly article on copyright's derivative work right, I have confidence that Fearless Girl does not infringe.
The “Charging Bull” sculptor is right. “Fearless Girl” should go: slate.me/2oro0hf
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I do like flowers but hope you realize that the frequency of my flower tweets these days is an effort to keep up our collective spirits
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The Computer Scientist brief in support of Google’s cert Petition, signed by more than 70 prominent computing professionals, disagrees. They know better about this better than you.
Wrong and wrong again. The Java API is executable.
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Sheltering in place in Napa Valley is pretty darned good
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In my third year of law teaching, I sent a draft article about the copyrightability of computer programs to a senior scholar I’d never met, Ralph Brown, who wrote back 11 pages of single-spaced typed supportive comments on my CONTU Revisited article. I pay it forward
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Irises in bloom at SF Japanese tea garden today (not a painting)
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Join me at @CardozoLaw today at 6pm for my lecture, "The Enigma of Digitized Property," which reflects on John Perry Barlow's Economy of Ideas 25 yrs later
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If this pandemic had happened 10 years ago, the economy & our social infrastructure would have collapsed. Zoom is far from perfect but where would we be without it?
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Today’s flowers from my garden. Spring is here
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Another wild parrots of Telegraph Hill came to visit today.
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Happy to be tied with Rochelle Dreyfuss & Carol Rose. Let’s keep citing the great women in the IP field
Looks like PamSam (@PamelaSamuelson) is the most cited woman in IP scholarship. <3
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Latest (& probably last) harvest from my garden
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A bouquet of yellow roses from my garden
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Pretty good vegetable haul for November 12
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Flower of the day from SF
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It’s 102 degrees in Napa today. So time to revisit the much cooler experience we had in Antarctica
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Yosemite Valley still has some water to enable mirroring of the mountains.
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For anyone who’s been missing my vegetable photos. I’m home again. More to follow. Today’s harvest
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The fair use doctrine if copyright law has gone too far
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This morning’s harvest. Those carrots may be ugly but what matters is they taste good
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Fair use defenses in genAI cases are hotly debated & could go either way. Not a slam dunk for infringement as some assert or for fair use. Some plaintiffs are more likely to succeed than others.
Curious what you think @PamelaSamuelson @zahr_said. I’m not an IP scholar per se.
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Wisteria. In case you need something beautiful to cheer you up today. From yesterday’s walk
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Russian Hill, San Francisco 10:45am
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First trip in over a year, coming home to Honolulu again
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Terrible idea to propertize data. Feist v. Rural says no, might even be unconstitutional, + Congress refused to pass EU-style database IP law. See scholarship.law.berkeley.edu…
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Today’s harvest from my garden
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Doe v GitHub was the first of the genAI lawsuits filed in late 2022, not 2023, except for the Thomson Reuters v Ross Intelligence case that is going to trial this summer. More cases pending than this list indicates
🚨Generative AI vs. Copyright Law: following
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In early June of 1976 I went to Zabar’s and bought a Krups coffee grinder, a French press, & 2 coffee cups. The grinder just died but I still have the 2 cups & French press. I’m grateful for the grinder’s service. Rest in peace
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I am so honored to be offered this position and I am pleased to have learned so much during the interview process. But on reflection, I have decided that this position is not the right one for me at this point.
Twitter friends, how do you reject a job offer firmly but politely? Help me I'm bad at communicating
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A solstice sunset in San Francisco
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We have hundreds of plums in our refrigerator already. More coming. Time for a donation to a food bank
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Never worked for Google. Never will. Always for good copyright policy
Replying to @ethanjacobslaw
Since @PamelaSamuelson works for Google, she will of course oppose justice for #copyright holders and content creators.
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Begonia from a neighbor’s garden
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Yesterday’s harvest
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Before the next wave of rain came through, I cut these roses from my garden. Lovely, aren’t they?
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A bouquet of roses cut from my garden today
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First cherry blossom of the season on my St Helena walk today
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I kept a list of article I wanted to write on the back of my office door to remind myself that I had further work to do. I am still writing those papers 30+ years late
Replying to @JoshWright1977
Armen Alchian told me he had a drawer where he kept paper ideas he would revisit it a few times per year. Sometimes all you have time for is to jot down the idea. My drawer has some awful ideas in it. But a few decent papers have come out of that drawer too. (8/x)
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My husband says I post too many photos of flowers so here is something different, a lizard on top of what is for him a mountain
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