Techdirt

The notion that if libraries didn't exist already, the publishing industry wouldn't allow them to exist at all is both a grim joke and a depressing truth, as continually evidenced by the opposition of publishers to seemingly unobjectionable technologies like controlled digital lending, which aim to allow libraries to carry their mission forward into the digital age. This week, we're joined by Jennie Rose Halperin, executive director of the Library Futures Institute, to discuss the institute's new paper on the subject and the legality of and opposition to controlled digital lending, and what it tells us about the future of libraries.

Canada is barreling towards a federal election, and if recent legislative proposals are any indication, the outcome will have huge implications for the future of the internet in the country. Between the recent Bill C-10 and the proposed online harms legislation (among other things), it's clear that plenty of Canadian politicians want to make drastic and draconian changes to how the internet is regulated. This week, I join Mike on the podcast along with Matt Hatfield, the Campaigns Director of OpenMedia (something like Canada's version of the EFF), to discuss the Canadian election and what it means for a variety of important internet policy issues.

We've written a lot about the Oracle/Google case over API copyrights as it wound its way through the courts, but the Supreme Court ruling has such widespread implications that there is still plenty to unpack. This week, we're joined by two top experts on intellectual property — Berkeley Law's Pamela Samuelson and Stanford Law's Mark Lemley, who recently co-wrote a paper on the subject — to discuss in detail what impact this landmark case has on copyright and interoperability. Paper: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3898154

We're continually amazed that so many companies still think they can get away with abusing the law to take down parodies, satire, and criticism without invoking the Streisand Effect and making things worse on themselves. One person who has a lot of experience being on the receiving end of these foolish threats is artist and culture hacker Danielle Baskin, whose recent Brand-Aid project is just the latest in a series of works that drew the ire of Johnson & Johnson. This week, Baskin joins us on the podcast to discuss what it's like when your art is constantly hit with demands to cease and desist.

The pandemic has brought us face to face with important questions about (among many things) the roles of technology and government in our lives, and especially the intersection of the two. One interesting example that is worth exploration is California's new digital vaccine record system, and who better to discuss it with than the person who spearheaded the project: California's Chief Technology Innovation Officer Rick Klau, who joins us this week to discuss tech, government, and what happens when the two manage to work well together.

Most people are pretty clear on the fact that the First Amendment prevents the government from making rules about speech — but what about when government officials make informal demands or threaten retaliation related to speech? Such actions have been ruled to violate the First Amendment, but this practice — dubbed "jawboning" by this week's guest — raises messy legal edge-cases and grey areas. We're joined by University of Chicago Law Professor Genevieve Lakier, who recently authored an article for Lawfare on the subject, to discuss the legal history and status of jawboning and the problem of informal government coercion. Informal Government Coercion and The Problem of "Jawboning" by Genevieve Lakier: https://www.lawfareblog.com/informal-government-coercion-and-problem-jawboning

Freedom of speech sits at the intersection of so many of the topics we write about here on Techdirt, and some of our favorite podcast guests are true experts on the subject. One such guest is UCI Law Professor and former UN Special Rapporteur on freedom of expression David Kaye, who joins us again for this weeks episode and a wide-ranging discussion about some of the most pressing and current free speech issues.

Although it's taken a bit of a back seat lately, the topic of patents has long been important here at Techdirt. Now that we're in the first ever Patent Quality Week, it's time to dig back in and talk about changing the patent system and turning it into something that enables good patents without allowing so many bad ones. So for this week's episode, we're joined by Engine's IP Counsel Abby Rives to talk about the inception and goals of Patent Quality Week, and how to fix our broken approach to patents.

If you've been following our coverage of Florida's recent law about social media content moderation, you know it hasn't been going well — it was an insane bill that was quickly shut down by an injunction from a judge who could see how obviously unconstitutional it was. But the fight isn't over, so this week we're joined by Florida Representative Anna Eskamani, one of the most vocal critics of the bill in the state legislature, to discuss how this all happened and what's going to come next.

We've been talking a lot about the huge effort in Congress to pass new antitrust laws targeting big tech companies, and all the issues these proposals have. This week, we've got an insider perspective on just what's going on with antitrust in the House: Rep. Zoe Lofgren, who called out many of the deficiencies in the bills during last week's marathon markup session, joins us for a discussion all about the many, many problems in all five proposed antitrust bills.