Freedom to Tinker
The focus of Freedom to Tinker is on issues related to legal regulation of technology, and especially on legal attempts to restrict the right of technologies and citizens to tinker with technological devices.
Channels
- Practice Area
- Administrative Law
- Admiralty & Maritime Law
- Advertising Law
- Alternative Dispute Resolution
- AmLaw 200 Blogs
- Antitrust Law
- Civil Rights & Privacy Law
- Consumer Law
- Corporate & Commercial Litigation
- Criminal Law
- Divorce & Family Law
- Education Law
- Election Law & Political Commentary
- Electronic Discovery
- Employment & Labor Law
- Environmental Law
- General Counsel Blogs
- Immigration Law
- Insurance Law
- Intellectual Property Law
- International Law
- Judiciary Law
- Media, Entertainment & Sports Law
- Law Firm Management & Legal Marketing
- Personal Injury & Medical Law
- Probate & Estate Planning
- Real Estate & Construction Law
- Tax & Financial Law
- Technology
- Whistleblower Law
- Law School
Featured Articles
The Trouble with "Free Riding"
This week, one of my favorite podcasts, EconTalk, features one of my favorite Internet visionaries, Clay Shirky. I interviewed Shirky when his book came out back in April. The host, Russ Roberts, covered some of the same ground, but also explored some different topics, so it was an enjoyable...
Piracy Statistics and the Importance of Journalistic Skepticism
If you've paid attention to copyright debates in recent years, you've probably seen advocates for more restrictive copyright laws claim that "counterfeiting and piracy" cost the US economy as much as $250 billion. When pressed, those who make these kinds of claims are inevitably vague about exactly...
Transit Card Maker Sues Dutch University to Block Paper
NXP, which makes the Mifare transit cards used in several countries, has sued Radboud University Nijmegen (in the Netherlands), to block publication of a research paper, “A Practical Attack on the MIFARE Classic,” that is scheduled for publication at the ESORICS security conference in...
Comcast Gets Slapped, But the FCC Wisely Leaves its Options Open
The FCC’s recent Comcast action—whose full text is unavailable as yet, though it was described in a press release and statements from each comissioner—is a lesson in the importance of technological literacy for policymaking. The five commissioners’ views, as reflected in...
Recent Articles
Federal Circuit Reins in Business Method Patents
This has been a big year for patent law in the technology industry. A few weeks ago I wrote about the Supreme Court's Quanta v. LG decision. Now the United States Court of Appeals for the Federal Circuit, which has jurisdiction over all patent appeals, has handed down a landmark ruling in the case...
DMCA Week: Predictions Are Hard, Especially about the Future
My previous post on DVD jukeboxes has prompted an interesting discussion among our commenters. There seems to be a lively difference of opinion about how useful a DVD jukebox would be, what it would look like, and who would use it. Personally, I had envisioned a high-end video device that DVD...
Wikipedia as a Public Good
My post about Wikipedia and public goods prompted an interesting response from Judd Antin at Berkeley's School of Information. He makes a number of sharp points, but let me focus on this response to the idea that free-riders don't hurt Wikipedia: This completely depends on what your goal is. On the...
DMCA Week: A second orphan works problem?
The orphan works problem in copyright is real and serious. Several congressional hearings and a Copyright Office inquiry that drew hundreds of thoughtful comments---not to mention countless articles and blog posts---attest to that fact. This attention is heartening, and while orphan works...
DMCA Week: Where's My DVD Jukebox?
A difficult challenge in thinking about public policy is understanding which innovations have not happened as a result of bad government policies. For example, it's generally believed that the Bell phone monopoly stifled innovation in the telecommunications sector during the 1950s and 1960s. But if...
DMCA Week, Part I: How the DMCA Was Born
Ten years ago tomorrow, on October 28, 1998, the Digital Millennium Copyright Act was signed into law. The DMCA's anti-circumvention provisions, which became 17 USC Section 1201, made it a crime under most circumstances to "circumvent a technological measure that effectively controls access to" a...
