Rebecca Tushnet

Elsevier's "peer review" claims are commercial advertising, but not shown false or connected to P's harm

NEW PREPRINT: Cheap AI-Assisted Reverse Engineering and What It Will Do (in submission) We argue that AI coding tools make it easy, cheap, and fast to reverse engineer software and hardware—and IP law is not prepared for this challenge. arxiv.org/abs/2610.35633

"The idea that unwanted #fiction should be removed simply because somebody finds it objectionable is precisely the attitude that makes an #archive necessary in the first place." www.michigandaily.com/arts/digital...

Thrilled to share that The Terms & Conditions of Generative AI is forthcoming in the Texas IP Law Journal!! 📣🎉 W the inimitable @johnmarknewman, we study the boilerplate for 86 genAI tools: what's good, not so good, & actually quite bad. 🧵👇 buff.ly/3tMJbG0

Bad content drives out good.

So if you're following, DOJ's theory here is they can file an initial complaint with probable cause based on incorrect facts, then file a superseding complaint that removes those facts and proceed without probable cause. Novel indeed.

Bluesky has four types of users

“Upon any work … a great number of patterns of increasing generality will fit equally well, as more and more of the incident is left out.”

The NYT story does not even include the word rape. Not once.

i don't think anyone should run explicitly on banning online gambling but i do think that a democratic-led government should just quietly take steps to undermine the industry and create an inhospitable regulatory environment

My heart is heavy. Walter Koenig, our Ensign Pavel Chekov, passed away early today. Walter and I met on the bridge of the Enterprise in the 1960s, and we stayed friends for nearly six decades. When Brad and I married in 2008, Walter stood beside us as our best man.

Quince quashes consumer suit; reasonable consumers must scroll a bit to understand comparison to "traditional retail"

Google gets 230 protection for fraudulent apps in Google Play

court refuses to recognize Lanham Act false advertising contributory liability

I don't know that there is a definitive line to cross that makes you say, "I live in a police state now" but when masked gunmen can routinely brutalize the public, citizen or immigrant alike, with impunity, you have reached that point.

Kalshi's gambling services aren't so clearly illegal as to make its offerings false advertising

#ScheduleA plaintiffs: There's nothing unfair about email sevice Judge Gettleman:

Suzanne Vega voice: My name is Lula. I won in the second round.

Is there some AG out there with any interest in this issue? @ajcampbellma.bsky.social ?

Re Trump and Elon and all the rest of them, Gramsci said it best: "In this interregnum a great variety of morbid phenomena occur." www.thebulwark.com/p/the-monste...

Gift link on state health care innovation www.vox.com/policy/50674...

wtf

"I understand that there have been some experiments showing that LLM review may have similar outcomes to human peer review, but who cares? Either scholarship, research and publishing are human enterprises or they aren’t." www.insidehighered.com/opinion/colu... >>

it is impossible to do gold-standard science reporting without being political. ask how I know.

Trademark threat letters (which these days mostly come from “brand protection” agencies, not actual lawyers) rarely acknowledge things like “fair use” and “reasonable consumers” and “reality”.

If it looks like an Amazon delivery and drives like an Amazon delivery, then it's an Amazon delivery, right? Not according to Amazon. Big companies like Amazon have built a vast network of subcontractors who deliver their packages while shielding them from accountability.

The plain fact of it is thus: the Trump administration wants to re-segregate higher education. It is a racist project straight-up-no-chaser. Accommodating any of this puts you on the wrong side of history, makes you a collaborator in this project. ballsandstrikes.org/law-politics...

If you’re interested in politics, or disability, or the intersection of the two, you have to read @ericmgarcia.bsky.social ‘s newsletter. thepoliticalspectrum.substack.com/p/politician...

Elon Musk is spending hundreds of millions to elect Republicans, an unprecedentedly huge amount from one person, and it’s a lot less than the value of contracts his companies got from this government he paid to elect and worked in. Many reports say “his own money,” few note unprecedentedly corrupt.

What happens to these criminals will determine whether, at some point in the near future, some not-huge number of years down the line, this country is a liberal democracy or else has a consolidated authoritarian regime and/or collapses into civil conflict. That's not hyperbole, it's what's at stake.

ABSOLUTELY NOT

In no circumstance was the dough boy a laminated dough of any kind, I reject this as non-canon.

This article contains no mention of the fact that Alaska uses ranked choice voting, which I think is important for people to know because THERE IS NO SPOILER EFFECT IN ALASKA. Anyone who doesn't want the Democrat to win can just rank both Dan Sullivans. The votes of the other Dan will go to Dan.

new york forever. FUCK ICE.

The Executive Branch has no authority to regulate states’ election decisions as to candidate qualifications, and the choice to file a lawsuit like this just days before an election speaks volumes about the political corruption festering at the top levels of the DOJ.

I have questions

Guest Blog Post: Four Justices, One Mega-Publisher, and a Supreme Court Copyright Debacle blog.ericgoldman.org/archives/202... by Prof. Guy Rub

Amazed by the videos you can make with Opus 5.5. This is a short video explaining the Browne v. Clarke case (the reggeaton 'Fish Market' case). I wanted a short explainer for class that included the beats without reproducing the songs. I'm pleased with the result.

A whole video of them!!! youtu.be/_pBtZ4AagNs?...

An 87yo in WI charged 17,766 times for $77k. An 89yo in D.C. charged 26,456 times for $429k. A 76yo in CA charged 27,236 times for $578k. There are thousands of examples like these. Republicans are even worse. We shouldn't have to protect our elderly parents from this.

I read Mizelle's 13-page letter to the publisher. It's remarkably unpersuasive and bereft of actual specific denials of Matthew Cole's reporting. But by all means, let Jared bring a libel action. I'm sufe the discovery in it will produce loads of interesting stuff.

Enormous news. A melanoma vaccine, one of the most deadly cancers out there. Science is good and helpful and there should be more of it. www.washingtonpost.com/health/2026/...

Even though this doesn't pertain to Elon's AI business, there are some great, relevant scenes in the latter seasons of Person of Interest when the government switches to a private sector AI and the company restricts, and even temporarily turns off, access to it.

It is imperative to remember that 364 days of the year we SHOULD be getting involved to PUSH the people in power, even if you voted for them, to be better. Cringe-level commitment to getting organized, constantly. Then, one day a year, you vote for the "lesser of two evils."

A danger with broad or dormant criminal laws is that it just takes one prosecutor or head of the executive to use them as a vindictive tool for political or personal motives. And the American system doesn't have any real check on doing so.

“Overall, twenty-two of the exceptions brief's twenty-nine footnotes - and thirty-five of the forty-two legal or record citations - are fictitious, erroneous, or irrelevant. “ www.fedweek.com/federal-mana...