Software Law


Updates to the Media Page

  We’ve recently added over two dozen new posts to the Media page. Most have to do with SOPA, the Stop Online Piracy Act, introduced a few weeks ago in Congress to cheers from the entertainment industry and jeers from Silicon Valley. The bill would make it easier–too easy–for copyright and trademark holders to turn [...]

Supreme Court affirms First Amendment in Cyberspace

John Perry Barlow famously said that in cyberspace, the First Amendment is just a local ordinance.  That’s still true, of course, and worth remembering.  But at least today there is good news in the shire.  The local ordinance still applies with full force, if only locally. As I write in CNET this evening (see “Video [...]

The end of software ownership

 My article for CNET this morning, “The end of software ownership…and why to smile,” looks at the important decision a few weeks ago in the Ninth Circuit copyright case, Vernor v. Autodesk.  (See also excellent blog posts on Eric Goldman’s blog. Unfortunately these posts didn’t run until after I’d finished the CNET piece.) The [...]

Copyright Office Weighs in on Awkward Questions of Software Law

I dashed off a piece for CNET today on the Copyright Office’s cell phone “jailbreaking” rulemaking earlier this week.  Though there has already been extensive coverage (including solid pieces in The Washington Post, a New York Times editorial, CNET, and Techdirt), there were a few interesting aspects to the decision I thought were worth highlighting. [...]

After the deluge, more deluge

If I ever had any hope of “keeping up” with developments in the regulation of information technology—or even the nine specific areas I explored in The Laws of Disruption—that hope was lost long ago.  The last few months I haven’t even been able to keep up just sorting the piles of printouts of stories I’ve [...]

Bilski: Justice Stevens’ Last Tilt at the IP Windmills

I dashed off a quick analysis of the Bilski decision for CNET yesterday (see “Supreme Court Hedges on Business Method Patents”), a follow-up to a piece I wrote for The Big Money when the case was argued last fall.  (See “Not with my Digital Economy, You Don’t.”) The decision was a surprise for me.  I [...]

The SCO Phoenix Rises…Again

I made a lot of people in the Linux community unhappy when I wrote in CIO Insight ( “Battle over Linux: When a Win May Not Be a Win,” Sept., 2007 ) that the decision by federal judge Dale Kimball to grant partial summary judgment to Novell on SCO’s claims of ownership of key UNIX [...]