Author: Katharine Trendacosta

As all things old are new again, a bill that would make obtaining bad patents easier and harder to challenge is being considered in the Senate Judiciary Committee. The Patent Eligibility Restoration Act (PERA) would reverse over a decade of progress in fighting patent trolls and making the patent system more balanced. PERA would overturn […]

There is a lot of bad on the internet and it seems to only be getting worse. But one of the things the internet did well, and is worth preserving, is nontraditional paths for creativity, journalism, and criticism. As governments and major corporations throw up more barriers to expression—and more and more gatekeepers try to […]

Jimmy Kimmel has been in the news a lot recently, which means the ongoing lawsuit against him by perennial late-night punching bag/convicted fraudster/former congressman George Santos flew under the radar. But what happened in that case is an essential illustration of the limits of both copyright law and the “fine print” terms of service on […]

When a technology can have a conversation with you, it’s natural to anthropomorphize that technology—to see it as a person. It’s tempting to see a chatbot as a thinking, speaking robot, but this gives the technology too much credit. This can also lead people—including judges in cases about AI chatbots—to overlook the human expressive choices […]

If there is one axiom that we should want to be true about the internet, it should be: the internet never forgets. One of the advantages of our advancing technology is that information can be stored and shared more easily than ever before. And, even more crucially, it can be stored in multiple places.   Those […]

The promise of the internet—at least in the early days—was that it would lower the barriers to entry for any number of careers. Traditionally, the spheres of novel writing, culture criticism, and journalism were populated by well-off straight white men, with anyone not meeting one of those criteria being an outlier. Add in giant corporations […]

Antitrust law has long recognized that monopolies stifle innovation and gouge consumers on price. When it comes to Big Tech, harm to innovation—in the form of  “kill zones,” where major corporations buy up new entrants to a market before they can compete with them—has been easy to find. Consumer harms have been harder to quantify, […]