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Mark Lemley@marklemley.bsky.social |
862 followers 206 following 251 posts
William H. Neukom Professor, Stanford Law School. Of counsel, Lex Lumina. I teach and write in IP, antitrust, internet, and video game law
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Mark Lemley
@marklemley.bsky.social
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It's an interesting question and I have been puzzling over it. It definitely gives power to presidents, which seems at odds with my thesis. But the Court keeps for itself the power to decide what is immune. And it clearly plans to use that power to protect acts it likes and not those it doesn't
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Riverdaleboy
@riverdaleboy.bsky.social
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This is a good essay. Drastic times, drastic measures. Liberals may need to accept some discomfort.
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Blue Meme
@bluememe.bsky.social
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The analysis and framing of this law review article are dead-on. Most such articles are impenetrable to non-lawyers; this one should be easy for most folks to understand.
1 replies 1 reposts 5 likes
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Mark Lemley
@marklemley.bsky.social
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To be clear, I don't think this is intellectual property infringement. And I don't blame the author; authors don't get any say in the title their op-ed goes out under. It's just a kind of cheesy move by the New York Times
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Mark Lemley
@marklemley.bsky.social
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This is the actual, original article The Imperial Supreme Court. Accept no imitations from the New York Times, which decided to take the title and idea without attribution (after turning down my op ed with the same title, no less)
harvardlawreview.org/forum/vol-13...
4 replies 43 reposts 115 likes
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b-boy bouiebaisse
@jbouie.bsky.social
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these numbers are basically vindication of one of my points in the NYT conversation, which is that whoever is the nominee inherits Biden’s position for the simple reason that they will be standard-bearers for the Biden administration.
25 replies 113 reposts 754 likes
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Mark Lemley
@marklemley.bsky.social
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Hey, at least this just makes reference, unlike today's New York Times op-ed, which blatantly copies the title onto an article with the same thesis written by someone else, and also without even a reference to me. To be clear: this isn't IP infringement. It's just a cheap move by the NY Times
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@nojustdan.bsky.social
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Moral of the story is if you’re homeless, you best be trying to overthrow the government.
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Mike Masnick
@mmasnick.bsky.social
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A silver lining made up of poisonous mercury.
2 replies 14 reposts 108 likes
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Mark Lemley
@marklemley.bsky.social
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Shorter Supreme Court: you can go to jail for being homeless, but not for trying to overthrow the government of the United States 
4 replies 17 reposts 76 likes
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Jeff Steck
@jefstec.bsky.social
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My brain froze on that sentence and tried to make sense of it by wondering if the Court used to be larger.
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Sandy Parker
@sandyparker.bsky.social
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"The common denominator across multiple opinions in the last two years is that they concentrate power in one place: the Supreme Court." 🔥🔥🔥
1 replies 3 reposts 31 likes
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b-boy bouiebaisse
@jbouie.bsky.social
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once again i think that mark lemley’s article on the “imperial supreme court” is the most perceptive thing written about the roberts court and its overarching project harvardlawreview.org/forum/vol-13...
8 replies 168 reposts 482 likes
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David Kaye
@davidkaye.bsky.social
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paging @marklemley.bsky.social
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Mark Lemley
@marklemley.bsky.social
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The Imperial Supreme Court indeed. harvardlawreview.org/forum/vol-13...
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Mark Lemley
@marklemley.bsky.social
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Chevron overruled 6-3. Without a hint of irony, the Court notes that it was adopted in the first place 40 years ago by "a bare quorum of six Justices."
Gorsuch, concurring, would essentially do away with stare decisis altogether.
www.supremecourt.gov/opinions/23p...
2 replies 4 reposts 17 likes
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Mark Lemley
@marklemley.bsky.social
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My podcast on -- what else -- generative AI and copyright law
workingitwithai.substack.com/p/intersecti...
0 replies 1 reposts 1 likes
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Mark Lemley
@marklemley.bsky.social
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The economy performs better in Democratic presidencies than in Republican ones. It has been true for 75 years. And it's true on EVERY measure -- GDP, unemployment, wage growth, inflation, business investment, job growth, etc.
www.epi.org/publication/...
0 replies 2 reposts 8 likes
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Mark Lemley
@marklemley.bsky.social
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"Nobody has ever died because it was too hot outside" didn't age well on a day when more than 1000 people did exactly that
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Molly Knight
@mollyknight.bsky.social
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Thrilled to know we got water in the woke wars.
292 replies 198 reposts 1726 likes
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KitNCaboodle
@kitncaboodle.bsky.social
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you know why. If they went by plain language Thomas would have to give back the RV and no more "fishing" trips for Alito.
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The future producer of “Himbo Heist”
@legalminimum.bsky.social
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Well yeah, the statute doesn't explicitly mention baksheesh.
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Mark Lemley
@marklemley.bsky.social
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We're clearly in the Upside Down, where the right wing ignores the plain meaning of statutes and relies on legislative history in order to coddle criminals, and the liberals do the opposite. www.supremecourt.gov/opinions/23p...
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Mark Lemley
@marklemley.bsky.social
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The Supreme Court's conservative majority says you can't bribe government officials but it's OK to tip corrupt government officials after the fact for doing your bidding. Oh, and the plain language of the statute, which says the opposite? Never mind that plain language. Because: legislative history!
2 replies 1 reposts 9 likes
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Mark Lemley
@marklemley.bsky.social
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Fun fact: the first Commandment says "You shall not make for yourself any idol, or any likeness of what is in heaven above or on the earth beneath or in the water under the earth." So to follow the Ten Commandments, states like Louisiana must outlaw the American flag with its likeness of stars
1 replies 1 reposts 5 likes
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Max Kennerly
@maxkennerly.bsky.social
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A thoughtful article. Personally, I question the premise that AI outputs qualify as an "expression" for copyright law. Without an "author" having an "idea" they then express, there is no "expression," just a probability-generated collection of words, pixels, audio, etc—which isn't copyrightable.
4 replies 14 reposts 78 likes
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Mark Lemley
@marklemley.bsky.social
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My paper explaining how generative AI makes us fundamentally rethink core tenets of copyright law - the idea-expression dichotomy and the substantial similarity test for infringement - is now published in the Columbia Science and Technology Law Review.
journals.library.columbia.edu/index.php/st...
1 replies 10 reposts 27 likes
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Coach Finstock
@coachfinstock.bsky.social
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John Oliver did a deep dive on Project 2025 tonight that should be required viewing. Frightening shit. Hasn't been posted on their YT channel yet, but it's a must watch. Great reporting.
45 replies 349 reposts 1651 likes
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Unofficial BBCNews (World) Bot
@bbcnews-world-rss.bsky.social
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Maryland pardons 175,000 people of cannabis convictions
2 replies 26 reposts 185 likes
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Mark Lemley
@marklemley.bsky.social
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Searching for an article titled "what fliers need to know about new refund rules for airlines," I typed that very phrase into Google. It really, really wanted to show me results for "what flowers need to know about new refund rules for airlines" instead. And I confess I am now curious . . .
1 replies 4 reposts 47 likes
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Mark Lemley
@marklemley.bsky.social
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But neither the "content-based restrictions on speech don't need heightened scrutiny" claim nor the "we've been doing some things vaguely like this for a while, so the First Amendment doesn't apply" claim withstand analysis /2
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Mark Lemley
@marklemley.bsky.social
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To be clear, the result in Elster isn't terrible. Elster didn't deserve a trademark for putting a slogan he didn't even create on the front of a T-shirt, and I think there are good reasons not to allow people to trademark other people's names. /1
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Mark Lemley
@marklemley.bsky.social
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My article with Rebecca Tushnet, "First Amendment Neglect in Supreme Court Intellectual Property Cases," was published today in the Supreme Court Review. Very timely, given the Supreme Court's decision yesterday in Elster to lock in its neglect of the First Amendment
papers.ssrn.com/sol3/papers....
1 replies 10 reposts 20 likes
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Mark Lemley
@marklemley.bsky.social
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Matt Wansley and i have an op-ed in the New York Times today explaining how big tech companies are coopting disruption in the AI space and why that's bad for innovation
www.nytimes.com/2024/06/13/o...
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Mark Lemley
@marklemley.bsky.social
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Mark McKenna and I have a new paper on the tangled relationship between design patents and utility patents. We argue that the way we apply utility patent rules in design patent law makes no sense.
papers.ssrn.com/sol3/papers....
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Mark Lemley
@marklemley.bsky.social
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FBI report shows that violent crime in fact dropped by more than 15% in the U.S. during the first three months of 2024. As Jim Sciutto of CNN pointed out today, “Murders fell 26.4% and rapes decreased by 25.7%. Aggravated assaults decreased by 12.5%, according to the data, robberies fell 17.8%.”
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Mark Lemley
@marklemley.bsky.social
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"We have the strongest economy in the world, and we are beating China for the first time in decades. . . . So I’ve got a message to Donald Trump and all his negativity and his whining: Stop sh*t talking America. This is the greatest country on earth.” Josh Shapiro (PA gov)
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Mark Lemley
@marklemley.bsky.social
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This is how a true president faces adversity. The contrast with Trump could not be more stark
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Mark Lemley
@marklemley.bsky.social
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Trump promises to "end" the problem of being electrocuted by batteries from sunken boats during shark attacks. [And he'll end it for trucks, too!]
He. Is. Not. Well.
x.com/i/status/179...
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Mark Lemley
@marklemley.bsky.social
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Democrats create jobs
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Lora Kolodny
@lorak.bsky.social
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Elon Musk posted on X(Twitter) after our story ran that yep, Tesla didn't have room to set up those GPUs at the time, and they would have been sitting around in a warehouse. Then, after effectively confirming my story, he called me a name. *classic*
11 replies 29 reposts 247 likes
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Lora Kolodny
@lorak.bsky.social
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In Dec. 2023 Tesla CEO Elon Musk ordered Nvidia to divert a shipment of 12,000 of their very much in-demand AI chips which had reserved for the EV maker over to X Corp. and xAI first, leaving Tesla to get a shipment of chips months later. My latest @cnbc www.cnbc.com/2024/06/04/e...
18 replies 106 reposts 404 likes
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Karl Bode
@karlbode.bsky.social
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Manchin was also the one that scuttled the nomination of popular telecom/media reformer Gigi Sohn to the FCC, which would have helped a lot with getting affordable broadband access to rural west virginians
2 replies 17 reposts 87 likes
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Karl Bode
@karlbode.bsky.social
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every time musk targets a female journalist like this he does it with complete awareness it will result in death threats sent to the reporter and like most fascist influencers that utilize this tactic he'll then pretend he's not responsible for the behavior of his weird little cultists
18 replies 237 reposts 968 likes
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Mark Lemley
@marklemley.bsky.social
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Everyone: It's 2024, and we have honed our ability to remember six-digit authentication codes for every conceivable website. Websites: we've decided to move to eight-digit authentication codes
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Mark Lemley
@marklemley.bsky.social
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Republicans vote against allowing people to have access to birth control; only Collins and Murkowski crossed sides to support contraception.
www.axios.com/2024/06/05/s...
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@krisnelson.org
@krisnelson.org
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The Columbia Law Review website is back up again (including the article), now with a statement from the Board of Directors at the bottom: www.columbialawreview.org/wp-content/u...
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Mark Joseph Stern
@mjsdc.bsky.social
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Texas' abortion ban prevented doctors from providing an abortion to a woman with a failing pregnancy—forcing her to instead pass the pregnancy on her own. She spent days in agony, vomiting and bleeding, until she passed out from blood loss and nearly died. www.dallasnews.com/news/public-...
33 replies 361 reposts 778 likes
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@krisnelson.org
@krisnelson.org
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So far there isn't a huge amount more trustworthy information. There is a leaked letter from the Board with their perspective & demands of student editors, but I'm not sure if this accurately reflects reality or just the Board's version. Hopefully we'll get better info soon
bsky.app/profile/clan...
1 replies 2 reposts 4 likes