Mr. Band has written extensively on intellectual property and electronic commerce matters. He co-authored Interfaces on Trial: Intellectual Property and Interoperability in the Global Software Industry (Westview Press 1995), a book concerning the unprotectability of software interface specifications and the permissibility of software reverse engineering. Fifteen years later, Mr. Band co-authored a sequel, Interfaces on Trial 2.0 (MIT Press 2011). He then released the next volume in the series in electronic form, Interfaces on Trial 3.0: Oracle America v. Google and Beyond.
Additionally, Mr. Band authored or co-authored the book chapters, law review articles, trade press articles, blog posts and other materials listed below.
Mr. Band’s articles have been used in many classes, including at the Harvard Law School, Business School and Kennedy School of Government; the Georgetown University Law Center; the New York University School of Law; Columbia University Law School; Massachusetts Institute of Technology; University of California, Berkeley, School of Information Management & Systems; and the Kellogg Graduate School of Management; Northwestern University.
Judge Posner cited one of Mr. Band's articles in Assessment Technologies of Wisconsin v. Wiredata, Inc., 350 F.3d 640, 645 (7th Cir. 2003). Mr. Band’s writings have been cited in many books and journal articles.
The majority of these articles are in Adobe Acrobat PDF Format. If you do not have Adobe Acrobat Reader, it can be downloaded for free here.
• "Libraries, Copyright Exceptions, and Social Justice" in Jamar and Mtima, Intellectual Property and Social Justice (Cambridge 2024).
• "Overlapping Forms of Protection for Databases" in Wilkof, Basheer & Calboli, Overlapping Intellectual Property Rights (Oxford 2023) .
• "Why Libraries Need Limitations and Exceptions" in Coates, Owens & Reilly, Navigating Copyright for Libraries (De Gruyter 2022).
• "ASCAP v The Girl Scouts of America: The IP Excesses of Collective Management Organisations" in Bonadio & O'Connell, IP Excesses: Exploring the Boundaries of IP Protection (Bloomsbury 2022).
• "Circumventing Barriers to Education: Educational Exemptions in the Triennial Rulemaking of the Digital Millennium Copyright Act" in Hobbs, The Routledge Companion to Media Education, Copyright, and Fair Use (Routledge 2018).
• "Three Steps Taken toward a Reinterpreted Three-Step Test: The Impact of ACTA and SOPA on TPP" in The ACTA and the Plurilateral Enforcement Agenda: Genesis and Aftermath (2015).
• "Overlapping Forms of Protection for Databases" in Wilkof & Basheer, Overlapping Intellectual Property Rights (Oxford 2012) .
• “Protection of Computer Programs Under Japanese Copyright Law,” in Tricks of the Trade: Intellectual Property in the United States and Japan (IC2 Institute 1995).
• "Publicity Rights" in Chisum & Jacobs, World Intellectual Property Guidebook—United States (Matthew Bender & Co. 1992).
• "The Global API Copyright Conflict," 31 Harvard Journal of Law & Technology 615 (2018).
• "Fair Use and Other Exceptions," Trading in IP: Copyright Treaties and International Trade Agreements, 40 Columbia J. Law & Arts 385 (2017).
• "The Impact of Specific Exceptions on Fair Use: An Update," 63 J. Copyright Soc'y 325 (2016).
• "The SOPA-TPP Nexus," 28 Am. U. Int'l L. Rev. 31 (2013).
• "The Impact of Substantial Compliance with Copyright Exceptions on Fair Use," 59 J. Copyright Soc'y 453 (2012).
• "Cautionary Tales About Collective Rights Organizations." 21 Michigan State International Law Review 687 (2013).
• "The Book Rights Registry in the Google Book Settlement," 34 Columbia Journal of Law & the Arts 671 (2011).
• "The Blackmun Papers: A Peek Behind the Scenes of a Quarter of a Century of Supreme Court Jurisprudence," 28 Columbia Journal of Law and the Arts 315 (2005).
• "Google and Fair Use," 3 J. Bus. & Tech. L. 1 (2008).
• "Dastar, Attribution, and Plagiarism," 33 AIPLA Quarterly Journal 1 (2005).
• "A New Perspective on Temporary Copies: The Fourth Circuit's Opinion in CoStar v. LoopNet," 2005 Stanford Technology Law Review 1 (2005).
• "Safe Harbors Against the Liability Hurricane: The Communications Decency Act and the Digital Millennium Copyright Act," 20 Cardoza Arts & Entertainment Law Journal 295 (2002).
• "The Database Protection Debate in the 106th Congress," 62 Ohio State Law Journal 869 (2001).
• "Database Cases Decided During the 106th Congress: Underprotection or Overprotection?" 32 West Los Angeles Law Review 201 (2001).
• “Rules to Live By: The Ninth Circuit’s Decision in Sony v. Connectix,” Stanford Technology Law Review (June 2000).
• “The Marshall Papers: A Peek Behind the Scenes at the Making of Sony v. Universal,” 17 Columbia-VLA Journal of Law & the Arts 427 (1993).
"A Peek Behind the Scenes of Supreme Court Decision Making Concerning the Federal IP System," American University Washington College of Law Digital Commons (May 2025).
"Fair Use/Fair Dealing Handbook," American University Washington College of Law Digital Commons (December 2024).
"A Peek Behind the Scenes at the Making of Three Decades of Supreme Court Copyright Decisions," American University Washington College of Law Digital Commons (August 2024).
"The Enforceability of License Restrictions on Ingestion for Artificial Intelligence Training Purposes," Association of Research Libraries Website (April 2024).
"Copyright Implications of the Relationship Between Generative Artificial Intelligence and Text and Data Mining," infojustice (October 2023)
"Protecting User Rights Against Contract Override," American University Washington College of Law Digital Commons (May 2023).
• "Justice Breyer, Copyright, and Libraries," Association of Research Libraries Website (May 2022).
• "National Implementations of the Marrakesh Treaty," Association of Research Libraries Website (ongoing).
• "Balanced Copyright in RCEP," infojustice.org (November 2020).
• "Analysis of Woods and Myburgh Comments on CAB," Digital Commons, American University Washington College of Law (August 2020).
• "Cautionary Tales About Collective Rights Organizations," infojustice.org (May 2018).
• "Balanced Copyright in CPTPP and NAFTA," ARL Policy Notes (February 2018).
• "SAS v. World Programming, Part II: The US Litigation," Computer Law Review International 3/2017 (June 2017).
• "Thanks, But No Thanks: Evolving Library Perspectives on Orphan Works Legislation in the European Union and the United States," Fair Use Week Website (February 2016).
• "Our Right to Knowledge: Legal Reviews for the Ratification of the Marrakesh Treaty for Persons With Print Disabilities in the Asia and the Pacific," United Nations Development Programme/World Blind Union (December 2015).
• "Impact of Specific Exceptions on Fair Use: An Update," infojustice.org (December 2015).
• "Flexibility in the TPP Statutory Damages Provision," infojustice.org (November 2015).
• "Evolution of the Copyright Exceptions and Limitations Provision in the Trans-Pacific Partnership Agreement," infojustice.org (October 2015).
• "The Complexity Dialectic: A Case Study From Copyright Law," infojustice.org (March 2015).
• "The Marrakesh Treaty: an EIFL Guide for Libraries," EIFL Website (December 2014).
• "The Protectability of Application Program Interfaces: Oracle America v. Google," 59 Journal of the Japanese Group of the International Association for the Protection of Intellectual Property 2 (October 2014).
• "The End of the Cell Phone Unlocking Saga?," infojustice.org (August 2014).
• "Department of Homeland Security IP Seizure Statistics Reveal Misplaced Priorities or Misrepresentation," infojustice.org (May 2014).
• "Still Profitable After All These Years," infojustice.org (April 2014).
• "Infringement Risk in Copyright-Intensive Industries," infojustice.org (January 2014).
• "Developments in Copyright: Unraveling the Puzzles Over Digital Content," Library and Book Trade Almanac (2014).
• "The Cell Phone Unlocking Saga," infojustice.org (December 2013).
• "Wikipedia's Economic Value," infojustice.org (October 2013).
• "CEO Compensation in Copyright-Intensive Industries," infojustice.org (August 2013).
• "Profitability of the Copyright-Intensive Industries," infojustice.org (June 2013).
• "The Beijing Treaty on Audio-Visual Performances--An EIFL Briefing for Libraries," EIFL Website (June 2013).
• "Foreign Ownership of Firms in IP-Intensive Industries," infojustice.org (March 2013).
• "The Fair Use/Fair Dealing Handbook," infojustice.org (March 2013) (in French).
• "The Google Settlement: International Implications," Computer Law Review International (June 2009).
• "The Hobgoblin Argument: An Inconsistent Approach to Intellectual Property Damages," The Computer & Internet Lawyer (November 2008).
• "The Oracle-Google Litigation: Interoperability Prevails Again," SSRN (December 2012).
• "Kirtsaeng v. Wiley," Library Journal (October 2012).
• "A New Day for Website Archiving 2.0," Association of Research Libraries Website (February 2012).
• "Golan v. Holder: A Farewell to Constitutional Challenges to Copyright Laws," Library Copyright Alliance Website (February 2012).
• "The Lawfulness of HathiTrust's Use of Orphan Works," Association of Research Libraries Website (2011).
• "The Rejection of the Google Books Settlement," Computer Law Review International (August 2011).
• "Justice Stevens Invented the Internet," Computer & Communications Industry Association Website (April 2010).
• "Streaming of Films for Education Purposes," Library Copyright Alliance Website (February 2010).
• "A Guide for the Perplexed Part III: The Amended Settlement Agreement," American Library Association, Association of College and Research Libraries, and Association of Research Libraries Websites (November 2009).
• The Three P's: A Tribute to Duane Webster," 9 portal: Libraries and the Academy 367 (2009).
• "A Guide for the Perplexed Part II: The Amended Google-Michigan Agreement," American Library Association, Association of College and Research Libraries, and Association of Research Libraries Websites (June 2009).
• "The Google Settlement and Higher Education: Imminent Deadlines," NACUANotes (April 2009).
• "A Guide for the Perplexed: Libraries & the Google Library Project Settlement," American Library Association and Association of Research Libraries Websites (November 2008).
• "How Fair Use Prevailed in the Harry Potter Case," American Library Association and Association of Research Libraries Websites (September 2008), Landslide (May/June 2009).
• "Plumbing the Depths of the Communications Decency Act's Safe Harbor: Recent Decisions in the Seventh and Ninth Circuits," Computer Law Review International (August 2008).
• "Publish AND Perish? Protecting Your Copyrights From Your Publisher," American Society for Cell Biology Newsletter (May 2008).
• "Israel Now Has The Right Copyright Law," Jerusalem Post (March 28, 2008).
• "Educational Fair Use Today," Association of Research Libraries Website (December 2007).
• "The Perfect 10 Trilogy," Computer Law Review International (October 2007).
• "USA: ISP Liability for Third Party Contents -- Perfect 10, Inc. v. CCBill LLC et al.," Computer Law Review International (August 2007).
• "Fair Housing Council v. Roommates.com," [2007] E-Commerce Law Reports 6
• "Perfect 10 v. Google," [2007] E-Commerce Law Reports 12
• "A New Day for Website Archiving: Field v. Google and Parker v. Google," Association of Research Libraries Website (November 2006).
• Jerry Leiber v. Consumer Empowerment, [2006] E-Commerce Law Reports 22.
• "Perfect 10 v. Google," E-Commerce Law Reports 22 (2006).
• "Grokster in the International Arena," Computer Law Review International (February 2006).
• "The Google Library Project: Both Sides of the Story," Plagiary: Cross-Disciplinary Studies in Plagiarism, Fabrication and Falsification 1(2) (2006).
• "The Google Library Project: The Copyright Debate," American Library Association Office for Information Technology Policy Brief (January 2006) (in Spanish).
• "Copyright Owners v. The Google Library Project," 17 Entertainment Law Review 21 (January 2006), Journal of Internet Banking and Commerce (December 2005).
• "BMG Music v. Cecilia Gonzalez," (2005) E-Commerce Law Reports 14.
• "Caught in a Blizzard," Journal of Internet Law (November 2005).
• "So What Does Inducement Mean?" The Computer & Internet Lawyer (November 2005).
• "Australian Court Finds for Music Company," E-Commerce Law and Strategy (October 2005).
• "The Google Print Library Project: A Copyright Analysis," E-Commerce Law & Policy (August 2005), Journal of Internet Banking and Commerce (December 2005).
• "Peer-to-Peer: The Supreme Court Showdown," Electronic Business Law (July 2005).
• "MGM v. Grokster: Balancing Creativity and Innovation," E-Commerce Law & Policy (June 2005).
• "American Library Association v. Federal Communications Commission," [2005] E-Commerce Law Reports 16.
• "The Database Debate in the 108th Congress: The Saga Continues," 27 European Intellectual Property Review 205 (2005).
• “MGM v Grokster: Supreme Court Set to Join the Battle,” E-Commerce Law & Policy (March 2005).
• "The Grokster Playlist," Electronic Commerce & Law Report (March 2005).
• "Database Debate in the 108th Congress: Deja Vu All Over Again," The Computer & Internet Lawyer (January 2005).
• "A New Day for the DMCA: The Chamberlain and Lexmark Decisions," Electronic Commerce & Law Report (November, 2004).
• "How to Temper the Excesses of the DMCA," Legal Times (October 2004).
• "Response to the Coalition Against Database Piracy Memorandum," The Computer & Internet Lawyer (May 2004).
• "Members of Congress Declare War on P2P Networks," Journal of Internet Law (October 2003).
• “Toward a Bright-Line Approach to [Trademark] sucks.com,” The Computer & Internet Lawyer (July 2003).
• "Backlash: Legislative Responses To Entertainment Industry Initiatives in the 107th Congress," Journal of Internet Law (March 2003).
• "New Theories of Database Protection," Managing Intellectual Property (March 2003).
• "Banning Hate Speech Poses Hidden Risks," The Jerusalem Report (December 2002).
• "Congress Unknowingly Undermines Cyber-Security," San Jose Mercury (December 2002).
• "Vigilantes on the Cyberspace Frontier: The Berman P2P Bill," Asian IP (September 2002).
• "Convention Raises Issues For ISPs," National Law Journal (July 2002).
• "Closing the Interoperability Gap: NCCUSL's Adoption of a Reverse Engineering Exception in UCITA," The Computer & Internet Lawyer (May 2002).
• "The USA-PATRIOT Act," Computer Und Recht International (February 2002).
• “The Copyright Paradox,” Brookings Review (Winter 2001); MCN Spectra (Fall 2001).
•"Beyond Napster; Debating the Future of Copyright On the Internet," 50 American University Law Review 371 (2000).
• “The Problem With UCITA,” ipnetwork.com (June 2000).
•“Should Public Policy Support Open Source Software?” The American Prospect.org (April 2000).
• “The Database Protection Debate in the United States,” AAAS Science Technology Policy Yearbook and Derecho Y Nuevas Tecnolgias (in Spanish) (2000).
• “Paragraph 52: A Window into Judge Jackson’s Findings of Fact,” The Computer Lawyer (March 2000).
• “Software Reverse Engineering Amendments in Singapore and Australia,” Journal of Internet Law (January 2000).
• “The Superhighway to Jericho: Good Samaritan Laws,” Journal of Internet Law (August 1999).
• “The New US Anti-Circumvention Provision: Heading in the Wrong Direction,” Computer Law and Security Report (July-August 1999).
• “Making the World Safe for Databases,” IP Magazine (April 1999).
• “The New Anti-Circumvention Provisions in the Copyright Act: A Flawed First Step,” Cyberspace Lawyer (Feb. 1999).
• “Peace At Last? Executive and Legislative Branch Endorsement of Recent Software Copyright Case Law,” The Computer Lawyer (Feb. 1999).
• “The Digital Millennium Copyright Act: A Balanced Result,” European Intellectual Property Review (Feb. 1999); Stanford Technology Law Review (Sept. 1999); and 37 Institute of Intellectual Property (Spring 1997) (in Japanese).
• “Armageddon on the Potomac: The Collections of Information Antipiracy Act,” D Lib (Jan. 1999).
• “The Digital Millennium Copyright Act,” World Intellectual Property Report (Dec. 1998), Computer Law Reporter (Jan. 1999), and Electronic Banking Law and Commerce Report (Jan. 1999).
• “The WIPO Copyright Treaty: A New International Intellectual Property Framework for the Digital Age,” in The Annual Review of Communications (International Engineering Consortium 1998).
• “Congress Makes Little Progress on New Intellectual Property Bills,” The Intellectual Property Strategist (March 1998).
• “Gunboat Diplomacy on the Pearl River: The Tortuous History of the Software Reverse Engineering Provisions of Hong Kong’s New Copyright Bill,” The Computer Lawyer (February 1998).
• “Battle Lines Form Over WIPO Copyright Bills,” National Law Journal (Jan. 26, 1998).
• “Competing Definitions of ‘Openness’ on the GII,” in The Unpredictable Certainty: Information Infrastructure Through 2000 (National Research Council 1997).
• “The Economic Espionage Act: A Review of Its Application in Year One,” The Corporate Counselor (Nov. 1997).
• “The Left Hand and the Right Hand,” Total News (Oct. 1997).
• “Interoperability in the Pacific Rim: Reversal of Fortunes in Singapore and Australia,” Journal of Proprietary Rights (July 1997).
• “Sui Generis Database Protection: Is It Really Necessary?,” New Matter (Spring/Summer 1997).
• “Internet Indecency Decision Points Way to Future Copyright Rulings,” Intellectual Property Strategist (July 1997).
• “Sui Generis Database Protection,” The Far Cry (Summer 1997).
• “Balanced Intellectual Property Rights for the Digital Age: The New WIPO Copyright Treaty,” Global Networking 97 (Proceedings of the Global Networking ‘97 Conference) (1997).
• “Sui Generis Database Protection: Has Its Time Come?,” D-Lib (June 1997).
•“New U.S. Law Hits at Foreign Theft of Trade Secrets,” IP Worldwide (Jan./Feb. 1997).
• “You Say Misuse, I Say Fair Use,” The Computer Lawyer (Nov. 1996).
• “Online Service Provider Liability,” International Commercial Litigation (April 1996).
• “Throwing Out the Baby with the Bathwater, or Can Congress Prohibit Anticopy Circumvention Devices Without Preventing Legitimate Copying?,” 23 Computer Law Reporter 7 (March 1996).
• “Oral Argument in Lotus Foreshadows Outcome,” Intellectual Property Strategist (Jan. 1996).
• “Liability: The Web’s Big Worry,” San Francisco Examiner (Oct. 18, 1995).
• “Interoperability Down Under: The Australian Copyright Law Review Committee’s Final Report,” The Computer Lawyer (July 1995).
• “From the Green Paper to the White Paper: Intellectual Property and the National Information Infrastructure,” IV-6 International Legal Strategy 43 (June 1995) (in Japanese) and The Annual Review of Communications (International Engineering Consortium 1996) (in English).
• “Lotus v. Borland Viewed Through the Lens of Interoperability,” The Computer Lawyer (June 1995) and Computer Law and Practice 135 (1995).
• “Competing Definitions of Openness on the NII,” in Standards Policy for Information Infrastructure (MIT Press 1995).
• “Intellectual Property Issues in the Multimedia Industry,” in the Annual Review of Communications (International Engineering Consortium 1994-95).
• “Matrox Electronic Systems v. Gaudreau,” 6 European Intellectual Property Review D-138 (1994).
• “A Brave New World? Intellectual Property Litigation in the Multimedia Industry,” in Forging the Link: Market - Technology - Policy (Proceedings of the Multimedia Communications ’93 Conference) and in Japanese in 22 Journal of the Japanese Institute of International Business 695 (1994).
• “Computer Associates Crosses the Atlantic and Lake Ontario: Richardson v. Flanders and Delrina v. Triolet,” The International Computer Lawyer (June 1993).
• “The Fair Use Bill: A Funny Thing Happened on the Way to Congress,” The Computer Lawyer (March 1993).
• "The Impact of the U.S. Presidential Election on U.S.-Japan Relations," Stakeholders (December 1992)(in Japanese).
• “The U.S. Decision in Computer Associates v. Altai Compared to the EC Software Directive: Transatlantic Convergence of Copyright Standards Favoring Software Interoperability,” Computer Law and Practice 137 (1992).
• “The Proposed EC Database Directive: The Reversal of Feist v. Rural Telephone?,” The Computer Lawyer (June 1992).
• “Feist v. Rural Telephone: The Beginning of the End of Software Overprotection?,” The Computer Lawyer (July 1991).
"Justice Souter's Copyright Legacy," Disruptive Competition Project (May 2025).
"The Unclear Status of Copyright Exceptions and Limitations in the UK-India Free Trade Agreement," infojustice (May 2025).
"Judge Boudin's Copyright Legacy," Disruptive Competition Project (March 2025).
"Vimeo and the DMCA Prevail in the Second Circuit," Disruptive Competition Project (January 2025).
"Justice O'Connor's Copyright Legacy," Disruptive Competition Project (December 2023).
"The Ninth Circuit Affirms the Server Test in Hunley v. Instagram," Disruptive Competition Project (July 2023).
"The Stevens Papers, Part II: A Peek Behind the Scenes at the Making of Quality King, Tasini, and Dastar," Disruptive Competition Project, TechDirt (July 2023).
"The Stevens Papers: A Peek Behind the Scenes at the Making of Lotus, Eldred, and Grokster," Disruptive Competition Project, TechDirt (June 2023).
"New Nigerian Copyright Act Creates New Open Fair Dealing Exception," infojustice (March 2023).
"Israel Ministry of Justice Issues Opinion Support Use of Copyrighted Works for Machine Learning," Disruptive Competition Project (January 2023).
"Internet Safe Harbors, Antisemitism, and Jewish Activity Online," TechDirt, Medium (January 2023).
• "The Complexity Dialectic: a 2021 Update," infojustice.org (November 2021).
• "Courts of Appeal Harmonize on Temporary Copies," Disruptive Competition Project (November 2021).
• "Librarian of Congress Adopts Research-Friendly Exemptions to Section 1201," infojustice.org (November 2021).
• "Pearson v. Chegg Challenges Lawfulness of Supplementary Educational Activity," arl.org (September 2021).
• "TransUnion, Nicklin, and Preserving the Right to Embed," Disruptive Competition Project (August 2021).
• "Supreme Court Demonstrates That Fair Use Promotes Creativity," Disruptive Competition Project (April 2021).
• "Five Observations About the Supreme Court's Decision in Google v. Oracle," Disruptive Competition Project (April 2021).
• "Draft Singapore Copyright Bill Proposes Significant Innovations," Disruptive Competition Project (February 2021).
• "Australian Link Code May Violate Berne Convention and Provoke Trade Litigation," infojustice.org (February 2021).
• "DMCA Discussion Draft: A Flawed First Step," Disruptive Competition Project (December 2020).
• "A Mixed Bag of Copyright Provisions in the Omnibus Spending Bill," Disruptive Competition Project (December 2020).
• "The Sale of Bob Dylan'sCatalogue and Reversion Rights in South Africa," infojustice.org (December 2020)
• "What the Sale of Bob Dylan's Catalogue Tell Us About Copyright and the Internet," Disruptive Competition Project (December 2020).
• "Justices Display Concern about Monopolization and Disruption in Google v. Oracle Oral Argument," Disruptive Competition Project (October 2020).
• "Preview of Supreme Court Oral Argument in Google v. Oracle," Disruptive Competition Project (September 2020).
• "Did Politics Influence the Solicitor General's Support for Oracle in the Google Litigation?,"Disruptive Competition Project (September 2020).
• "Supplemental Briefing in Google v. Oracle on Standard of Review," Disruptive Competition Project (August 2020).
• "Ambivalence to Fair Use in U.S. Trade Policy," Disruptive Competition Project (July 2020).
• "Copyright Office Recognizes Section 512's Impact on Users," Disruptive Competition Project (July 2020).
• "Comments by WIPO Copyright Director Undermine IIPA's South Africa Petition," infojustice.org (June 2020).
• "Four Takeaways from Senate Judiciary Section 512 Hearing," Disruptive Competition Project (June 2020).
• "Supreme Court Orders Additional Briefing on Standard of Review in Google v. Oracle," Disruptive Competition Project (May 2020).
• "Why a National Emergency Library Would Have Been Unnecessary," Disruptive Competition Project (April 2020).
• "How Copyright Exceptions and Limitations Facilitate Social Distancing," Disruptive Competition Project (March 2020).
• "Oral Argument in Google v. Oracle Delayed," Disruptive Competition Project (March 2020).
• "Fair Use in South Africa," ARL Policy Notes (February 2020).
• "Harry Potter and the Circular Logic: Oracle and the Solicitor General's Supreme Court Briefs," Disruptive Competition Project (February 2020).
• "Thin Tech Industry Support for Oracle in Second Round of Supreme Court Briefing," Disruptive Competition Project (February 2020).
• "D.C. Circuit Rejects Sweeping Interpretation of Audio Home Recording Act," Disruptive Competition Project (January 2020).
• "Google v. Oracle: Setting the Record Straight," Disruptive Competition Project (January 2020).
• "Fair Use, Artificial Intelligence, and Creativity," Disruptive Competition Project (January 2020).
• "Broad Support for Google in First Round of Supreme Court Briefing," Disruptive Competition Project (January 2020).
• "Supreme Court Hears Oral Argument in Copyright Sovereign Immunity Case," Disruptive Competition Project (November 2019).
• "U.S. Gets it Wrong on Critical Software IP Case (Again)," Disruptive Competition Project (October 2019).
• "Section 230 and the Future of the Open Internet," Disruptive Competition Project (September 2019).
• "Trademark Decision Casts First Amendment Doubt on Hawley Bill" Disruptive Competition Project (June 2019).
• "Resisting Expansion of the Audio Home Recording Act in AARC v. Denso," Disruptive Competition Project (June 2019).
• "VHT v. Zillow: Not All Search Is Equal?," Disruptive Competition Project (March 2019).
• "Betty Ballantine and the Manufacturing Clause," ARL Policy Notes (February 2019).
• "Amicus Briefs Filed in Support of Google in Oracle Case," Disruptive Competition Project (February 2019).
• "Google Petitions Supreme Court in Oracle Case (Round Two)," Disruptive Competition Project (January 2019).
• "Israel Copyright Amendments Authorize Blocking Orders," Disruptive Competition Project (January 2019).
• "Fourth Estate v. Wall-Street.com, Registration, and the Public Domain, Disruptive Competition Project (January 2019).
• "The Implications of the ReDigi Decision for Libraries," ARL Policy Notes (December 2018).
• "Fortnite, Copyright, and Cultural Appropriation," Disruptive Competition Project (December 2018).
• "ReDigi, First Sale, and the Power of Footnotes," Disruptive Competition Project (December 2018).
• "The Gap Between Artistic Practice and Copyright Rhetoric," infojustice.org (December 2018).
• "Night Sight, Digital Photography, and Copyright," Disruptive Competition Project (November 2018).
• "The Circuitous Journey of Circumvention Exceptions in Trade Agreements," Disruptive Competition Project (November 2018).
• "Expanded DMCA Exemptions Enhance Competition and Innovation," Disruptive Competition Project (October 2018).
• "Cobbler Nevada v. Gonzales Provides Additional Clarity on Contributory Infringement," Disruptive Competition Project (September 2018).
• "Disney Fights Overzealous Copyright Holders With Fair Use," Disruptive Competition Project (August 2018).
• "Dutch Study Shows Importance of Business Innovation to Defeating Infringement," Disruptive Competition Project (August 2018).
• "Australian Copyright Law Thumbs Nose at U.S. Trade Commitments," Disruptive Competition Project (July 2018).
• "Survey of Briefs in Support of Google's Rehearing Petition in Oracle Case," Disruptive Competition Project (June 2018).
• "Oil States, Public Franchises, and Copyright," Disruptive Competition Project (April 2018).
• "The Federal Circuit Blows it Again in Oracle v. Google," Disruptive Competition Project (March 2018).
• "Motherless Repairs Some of Mavrix Damage," Disruptive Competition Project (March 2018).
• "Redbox, Misuse, and Theseus's Ship," Disruptive Competition Project (March 2018).
• "Can't Get Away From Fair Use," ARL Policy Notes (February 2018).
• "The Second Circuit's Fair and Balanced Fair Use Decision in Fox News v. TVEyes," Disruptive Competition Project (February 2018).
• "Fourth Circuit Decision in BMG v. Cox Provides Some Clarity on Contributory Infringement," Disruptive Competition Project (February 2018).
• "Ninth Circuit Allows Data-Mining in Rimini Decision," Disruptive Competition Project (January 2018).
• "Captured Copyright Law," infojustice.org (January 2018).
• "Amicus Briefs Support Arista in Cisco Litigation," Disruptive Competition Project (January 2018).
• "False Analogies in the Oracle v. Google Oral Argument," Disruptive Competition Project (December 2017).
• "Previewing Thursday's Oral Argument in Oracle v. Google in the Federal Circuit," Disruptive Competition Project (December 2017).
• "In SAS Decision, Appellate Court Dodges Addressing Oracle," Disruptive Competition Project (October 2017).
• "Keeping the DMCA's Grand Bargain in NAFTA," Disruptive Competition Project (September 2017).
• "VidAngel, ReDigi, and the Sale of Digital Content," Disruptive Competition Project (August 2017).
• "Interoperability and the Copyright Office's Section 1201 Report," Disruptive Competition Project (July 2017).
• "Digital Issues in NAFTA: Copyright Industry Comments on NAFTA," Disruptive Competition Project (June 2017).
• "Digital Issues in NAFTA: NAFTA and The Great Gatsby," Disruptive Competition Project (June 2017).
• "Amicus Briefs in Support of Fair Use in Oracle v. Google," Disruptive Competition Project (June 2017).
• "Les Miserables and the Future of Publishing," Disruptive Competition Project (May 2017).
• "The Ninth Circuit's Erroneous Discouragement of Moderators in Mavrix v. LiveJournal," Disruptive Competition Project (April 2017).
• "Netflix: Monster or Super-Hero?" Disruptive Competition Project (March 2017).
• "Oracle v. Google? Again? Part II: Amici Recognize the Essential Nature of Fair Use," Disruptive Competition Project (March 2017).
• "Copyright Notice and Fair Use," ARL Policy Notes (February 2017).
• "Finding Fair Use in Unexpected Places," ARL Policy Notes (January 2017).
• "Software Copyright Litigation after Oracle v. Google," Disruptive Competition Project (January 2017).
• "The Copyright Office Report on Software-Enabled Consumer Products, Part II: Interoperability and Competition," Disruptive Competition Project (December 2016).
• "The Copyright Office Report on Software-Enabled Consumer Products: Nothing to See Here," Disruptive Competition Project (December 2016).
• "A New Methodology for Assessing the Operation of Copyright Systems," Disruptive Competition Project (December 2016).
• "Fair Use as a Tool for Reining In Foreign Judges?'" Disruptive Competition Project (October 2016).
• "Oracle America v. Google: The Action Shifts Back to the Federal Circuit," Disruptive Competition Project (September 2016).
• "Dirty 30 Demonstrates Synergy Between the Internet and the Entertainment Industry," Disruptive Competition Project (September 2016).
• "A New Approach to Copyright Exceptions and Limitations," ARL Policy Notes (August 2016).
• "The Real Challenges Facing the Television Industry," Disruptive Competition Project (August 2016).
• "Assessing the DMCA's Notice-and-Takedown Regime," ARL Policy Notes (July 2016).
• "Kirtsaeng v. Wiley and the Purpose of Copyright," Disruptive Competition Project (June 2016).
• "Sanity Prevails Again, Part II: The District Court Leaves the Oracle v. Google Fair Use Verdict in Place," Disruptive Competition Project (June 2016).
• "How the Internet Promotes Creativity in the Television Industry," Disruptive Competition Project (June 2016).
• "Sanity Prevails Again: The Jury Verdict in Oracle v. Google," Disruptive Competition Project (May 2016).
• "Expecting the Unexpected: The Equitable Estoppel Defense in Oracle v. Google," Disruptive Competition Project (May 2016).
• "Cha-cha-changes to the Application of Copyright Term," Disruptive Competition Project (January 2016).
• "Nothing New Under the Sun," ARL Policy Notes (January 2016).
• "Mein Kampf, The Diary of Anne Frank, and the Long Shadow of 20th Century Copyrights," Disruptive Competition Project (January 2016).
• "What the Release of Star Wars: The Force Awakens Teaches Us About Copyright Policy: Part II," Disruptive Competition Project (December 2015).
• "What the Release of Star Wars: The Force Awakens Teaches Us About Copyright Policy: Part I," Disruptive Competition Project (December 2015).
• "A Green Light for Cloud Computing," Disruptive Competition Project (November 2015).
• "John Fogerty, Santa Claus, and Publishers' Exploitation of Artists," Disruptive Competition Project (October 2015).
• "What Does Jurassic World's Opening Weekend Tell Us About International IP Policy?," Disruptive Competition Project (June 2015).
• "How Copying Promotes Creativity," Disruptive Competition Project (June 2015).
• "The Solicitor General's Peculiar Brief in Google v. Oracle," Disruptive Competition Project (June 2015).
• "What's Missing From the Register's Proposals?," ARL Policy Notes (April 2015).
• "Why Balanced Copyright is Essential for Creativity," Disruptive Competition Project (April 2015).
• "Broad City Shows How the Internet is Broadening the Entertainment Industry," Disruptive Competition Project (March 2015).
• "Ensuring that the Vulcan Salute Can Live Long and Prosper," Disruptive Competition Project (March 2015).
• "A Tale of Two Amendments to the Student Success Act," Disruptive Competition Project (March 2015).
• "Fair and Balanced Result in New Jersey Media Group v. Fox News Network," ARL Policy Notes (February 2015).
• "Fair Use: The Foundation of Jon Stewart's Success," Disruptive Competition Project (February 2015).
• "Fifty Shades of Fair Use," Disruptive Competition Project (February 2015).
• "What's Breaking Hollywood? It's Not Infringement," Disruptive Competition Project (January 2015).
• "Should The Interview Remain in Copyright Until 2110?," Disruptive Competition Project (January 2015).
• "Fox v. Dish Networks Lays Some Aereo Concerns to Rest," Disruptive Competition Project (January 2015).
• "Rosen v. eBay: Fair Use Effectuating First Sale in the Digital Environment," Disruptive Competition Project (January 2015).
• "Costco v. Omega Decision Makes Clear That Copyright Neither Condones Nor Protects Anticompetitive Actions," Disruptive Competition Project (January 2015).
• "Unlocking the DMCA's Stranglehold on Essential Software," Disruptive Competition Project (January 2015).
• "Can You Copyright A Dream?," Politico (January 2015).
• "Supreme Court Reviews Google v. Oracle Petition; Interoperability Ruling Under Scrutiny," Disruptive Competition Project (January 2015).
• "Paraphrasing Selma," Disruptive Competition Project (December 2014).
• "David and Project Goliath," infojustice.org (December 2014).
• "How We Got To Now? Not Just with IP," Disruptive Competition Project (October 2014).
• "Hearing on Section 1201 of the DMCA: Cause for Cautious Optimism?," Disruptive Competition Project (September 2014).
• "Transformative Use and the Hearsay Rule," Disruptive Competition Project (September 2014).
• "The Enduring Power of Shared Entertainment Experiences," Disruptive Competition Project (September 2014).
• "Copyright Trolls and Willful Infringers: Not As Elementary As They Appear," Disruptive Competition Project (September 2014).
• "Twitch and Shout: Is Twitch's New Muting Policy Consistent with Fair Use? A Comparison of Sports and E-Sports," Disruptive Competition Project (August 2014).
• "Social Media's Increasing Role in the Content Experience," Disruptive Competition Project (August 2014).
• "What Does the HathiTrust Decision Mean for Libraries?," Library Copyright Alliance Website (July 2014).
• "Making Sense of Copyright's Volition Requirement After Aereo," Disruptive Competition Project (July 2014).
• "First Sale Hearing in the Big Apple," Disruptive Competition Project (June 2014).
• "Software Interoperability: Harmonizing Copyright with Antitrust," Disruptive Competition Project (May 2014).
• "Further Reflections on Oracle v. Google," Disruptive Competition Project (May 2014).
• "The Federal Circuit's Poorly Reasoned Decision in Oracle v. Google," Disruptive Competition Project (May 2014).
• "What Can We Deduce From the Oscars About The State of the Movie Industry?," Disruptive Competition Project (March 2014).
• "The Future of Fair Use of Authors Guild v. Google," Disruptive Competition Project (February 2014).
• "House of Cards: Assessing the Impact of Software Infringement on Manufacturing Competitiveness," Disruptive Competition Project (January 2014).
• "Complexities Evident in Today's Oral Argument in Oracle v. Google," Disruptive Competition Project (December 2013).
• "I Don't Think That Means What You Think It Means, Part II," Disruptive Competition Project (November 2013).
• "The Changing Textbook Industry," Disruptive Competition Project (November 2013).
• "To Infinity and Beyond: Business Model Adaptation in the Video Game Industry," Disruptive Competition Project (October 2013).
• "Is More Competition a Solution to Theatre Woes?," Disruptive Competition Project (September 2013).
• "The 'I Have a Dream Speech' and Copyright Reform," Disruptive Competition Project (September 2013).
• "Restrictions on the Waiver of Rights," Association of Research Libraries Website (August 2013).
• "The Domestic and Foreign Copyright Policies for Promoting the Creative Economy," Disruptive Competition Project (August 2013).
• "A User Guide to the Marrakesh Treaty," Library Copyright Alliance Website (August 2013).
• "A Tale of Two Hearings," Disruptive Competition Project (August 2013).
• "The Impact of the Supreme Courts Decision in Kirtsaeng v. Wiley on Libraries," Library Copyright Alliance Website (April 2013).
• "Cell Phone Unlocking: A Legal Primer," Association of Research Libraries Website (March 2013).