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Must-Read Articles

I’m a little swamped this week, so I can’t do these pieces justice yet. That shouldn’t stop you from doing so.


1.  I hope you remember John T. Mitchell, strong consumer advocate and formerly of Public Knowledge.  From what I know of him (website articles, pho postings, and an interview I did awhile back), he often points out the free uses, like private performance and first sale, that have fallen by the wayside in the DRM era.  He also discusses DRM’s restrictions in light of copyright misuse and antitrust.  DRM: The Good, The Bad, and The Ugly seems to bring many of these ideas together in a very thorough manner.  I haven’t read it critically yet, but from my brief skim, it is well worth your time.


2.  You probably remember Lee Hollaar’s incredibly informative Legal Protection of Digital Information treatise.  According to Professor Lessig, Hollaar’s article Sony Revisited “is in part responsible for Congress’ current infatuation with the Induce Act.”    Be sure to read not only the article, but also Lessig’s response, Ernest’s (pre-)follow-up, and the comments at Lessig’s blog, one of which is a lengthy response from an author cited in the article.


Update: Here’s Hollaar confirming that the Induce Act came in part as a result of his article.  Also, see this nice clarification to Lessig’s separation of powers argument – it’s a key point.

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