Monthly Archives: December 2009

Busybox, Bruce Perens, and GPL Compliance; the curiousities of private common ownership and the semicommons

I.  Drama in the lands of Open Source Bruce Perens is an open source hero.  He, along with others, has done a great deal for the open source community.  One of those things was creating a program called BusyBox. In short, BusyBox helped people created very, very small, embedded Linux appliances.  We’re talking thumbdrives, floppy […]

Garage Door Openers and the DMCA’s Anti-Circumvention Provision

Ars Technica, a website chock full of useful articles for any tech lover, has an interesting and lengthy examination of how law and technology interact when it comes to garage door openers. People confuse intellectual property fundamentals all the time.  It is not surprising, then, that specific technical aspects to copyright law get confused by […]

Cell Phones, the Fourth Amendment, and the Ohio Supreme Court

Arrested with an iPhone, Blackberry, Palm Pre, or some other smartphone on you?  Were you carrying your fancy new Netbook? Officers can search you upon arrest in order to protect themselves, inventory your stuff, and prevent evidence from disappearing.  All of these searches can be done without a warrant. What about your searching your electronic […]

Using privacy law to protect virtual resources rather than property law

Author’s Note: This an excerpt from an early draft of a paper I am currently writing. I.    Introduction Applying property rights  to virtual resources is often justified by arguing that property rights will allow consumers and users to better protect their interests online and in online games.  Garrett Ledgerwood, in Virtually Liable, argues “[a] court’s […]

If not Terms of Service, then what?

The Electronic Frontier Foundation has an article discussing the recent banning of thousands of user-modified XBoxes. 1  The EFF’s article is intended to illustrate the dangers of Terms of Service (ToS) or Terms of Use (ToU) entered into by consumers when they use a service.  The danger is the wholesale signing away of your right to […]

Is there a viable argument that Twitter is more like a coffee house conversation than an online publication?

Jacqui Lipton posted a cross-post at the Madisonian and The Faculty Lounge about Twitter and defamation. The following questions were posed: Is there a viable argument that Twitter is more like a coffee house conversation than an online publication?  If so, should this matter for a defamation analysis?  And, if it does, where does one […]