Archive Page 2

I’m pleased to post Show #201, January 22, my interview with Jonathan Band of policybandwith.com. Jonathan has been at the center of many major technology policy issues, from the Digital Millennium Copyright Act (DMCA) to the Stop Online Piracy Act (SOPA), over the past 20 years. As Jonathan represents many clients as a lobbyist, I was excited to have him on the show to discuss the current lay of the land in Washington in IP policy. We had a wide ranging and candid discussion of the policy and politics of IP, both at the domestic and international levels. I hope that you enjoy this timely discussion!


At last, the big moment: here’s Show #200, Denise Howell‘s wonderful interview with me! I had a great time being on the other side of the proverbial “glass,” and developed a deeper appreciation for the great work of all 199 previous guests. Denise asked me about my history in radio, as well as my current non-Hearsay Culture substantive focus on information flow and system issues in hydraulic fracturing and international trade.

After Denise’s interview, I ran through the long list of people who have helped make Hearsay Culture possible. It is a LONG list. I am in your debt.

I hope that you enjoy the discussion, and thanks again to Denise for being a great interviewer! To that end, and most of all, thanks to YOU for listening! Here’s to 200 more.


As I’ve recently mentioned on a few shows, despite my reservations about not making the show “about me,” Show #200 will be guest host Denise Howell’s, of This Week in Law, interview with me. So that there’s no confusion, I’m not giving in to rank narcissism; rather, because several guests and listeners suggested that this would be a good way to celebrate this anniversary, I went along — and I’m glad that I did! I hope that you enjoy the discussion and Denise’s questions, which were excellent thanks to Denise’s abilities as an engaging, smart and knowledgeable interviewer. Note: because Hearsay Culture will be pre-empted by the Rose Bowl on January 1, we will air the show on January 8, before the new quarter begins the following week.

Additionally, as part of the 200th Show celebration, I plan to produce some Hearsay Culture schwag (my time permitting) — admittedly, this might be closer to giving in to narcissism. Among these items will be a mailer regarding the show’s seven-plus year history. Thus, if you have any comments about the show that you’d be willing to see reproduced in a mailer (with attribution), please send them my way at dave@hearsayculture.com (as always, all comments are welcome regardless). If your comment is for the mailer, please send it by January 3 and indicate your willingness to see it reproduced.

I’ll have more to say as the anniversary approaches, but for now, enjoy today’s posted shows and the holiday season! Thanks so much for listening!

I am pleased to post Show 199, December 4, my interview with Denise Howell of This Week in Law. Denise is a pioneering podcaster/”netcaster” who founded and co-hosts the outstanding This Week in Law. Up front, I’ll disclose that I am a big fan of Denise and This Week in Law. I’m also a former guest. Thus, I was thrilled to have Denise on the show to discuss our podcasting world. As the subject of podcasting itself is rarely discussed — indeed, the last major discussion that I had about it was Show #3, in June 2006, with Colette Vogele, it was past time to discuss the state of our mutual interest. We had a great discussion and, as expected, I enjoyed it!

I am pleased to post Show 198, November 27, my interview with Prof. Alasdair Roberts, author of The End of Protest. Al’s book addresses a vexing question: why, in the face of an unprecedented financial crisis, have we not seen massive protests in the street? In this study, Al posits that a combination of regulatory, social and technological forces have created this state of affairs. In our discussion, we examined the depths of this problem and what it means for speech and government operations in the future. As always, I greatly enjoyed the discussion!

At the request of several listeners who report that embedding more than one show in a single post screws up their RSS feed, I am going to embed one show per blog post for the foreseeable future. Thus, here’s Show 197, November 20, my interview with Dan Nazer of the Electronic Freedom Foundation (EFF) [Disclosure: I have occasionally made modest (remember: I am a law professor who makes $0 on projects like Hearsay Culture) donations to EFF]. Dan is at the forefront of the legislative battle over patent trolls/non-practicing entities/patent assertion entities, an issue that has been at the forefront of recent intellectual property battles. This highly controversial practice has been a recurring focus of Hearsay Culture, from both sides of the policy argument. In this interview, we discussed Dan and EFF’s efforts to curtail this practice and what it means for innovation and technology on a going-forward basis. I greatly enjoyed the discussion!

A busy several weeks pushing for a more accountable and public negotiation of the Trans Pacific Partnership Agreement (TPP), which has brought the concept of legislative secrecy in a democracy to a new level, has not stopped me (but has slowed down) recording and posting of new shows. Thus, I’m pleased to post two new shows!

The first, Show 195, October 30, is my interview with Margot Kaminski of Yale Law School’s Information Society Project. We discussed an earlier draft of her forthcoming article The Capture of International Intellectual Property Law through the U.S. Trade Regime. Related to the above, Margot has written an insightful analysis of the administrative law that has arguably created the lack of public input in trade negotiations like TPP. Margot’s article is an important contribution to the growing body of scholarship on trade and intellectual property, and I greatly enjoyed our discussion!

Show 196, November 6, is my interview with Prof. Victoria Stodden of Columbia University on software patents and scientific transparency. Victoria has been doing vital work in this underexplored but critically important area in innovation policy. Having heard a presentation of a draft article on this topic at a recent intellectual property law scholars conference, I was excited to have Victoria on the show. We had a terrific discussion about how software patents impact the flow of information between researchers and educational institutions, and the ramifications of this reality.

I am pleased to post two more shows for this quarter. The first, Show #193, October 2 is my interview with Prof. Anupam Chander of UC Davis Law, author of the just-released book The Electronic Silk Road. Anupam has written a wonderful study of the impact of the Internet and technology more broadly on trade and the transference of culture. From the role of the Internet in allowing complex transactions to occur to the impact of the shift from goods to services, we had a wide-ranging and fun discussion. Anupam raises and questions many challenging issues and assumptions involving trade and technology, and I learned much from the book and the discussion!

My second interview, Show #194, October 16, is my interview with Chris Marsden of the University of Sussex and Ian Brown of Oxford University, authors of Regulating Code: Good Governance and Better Regulation in the Information Age. Ian and Chris have written a terrific analysis of the impact of “code” (read: technology broadly) on regulations themselves. By examining several “hard cases,” Ian and Chris offer insights into how regulatory and legislative practice might react to and change as a result of technology. We discussed copyright, regulatory processes and other high-profile issues. I greatly enjoyed our discussion!

Look for more new shows throughout November! And stay tuned for show #200!

New semester, and new projects, means that I’m only now posting the last four shows from the summer quarter. They are:

First, Show # 189, July 17, is my interview with Valentin Dander, PhD candidate at the University of Innsbruck, on open government data. I met Valentin at MIT8, a wonderful conference where this law professor got to meet with and learn from many fascinating communications scholars, some of whom will be future guests on Hearsay Culture. Having heard Valentin’s talk on open government data, I thought it would be a great topic for the show — and it was! We discussed the theory underlying and need for open data structures in government, and their ramifications. I greatly enjoyed the interview!

The second show, Show #190, July 24, is my interview with Prof. Deven Desai of Thomas Jefferson Law School, on 3D printing. Deven’s work focuses on the implications of 3D printing — the ability to “copy” physical objects — in the intellectual property sphere, particularly patents. The dramatic impact of 3D printing is only now beginning to be felt and weighed by scholars, policymakers and society, so I was very excited to have Deven on the show to discuss his early insights. I very much enjoyed the interview!

Additionally, I’m pleased to post the third show, Show #191, August 14, my interview with Prof. Michael Rich of Elon University School of Law, on technology and crime. Mike, who is not only a colleague but a friend, has been doing cutting-edge work on the question of how technology can be used to prevent crime, and the ramifications of using such technology. During our discussion, we focused on two of his articles examining the contours of this issue, from what we mean by “perfect prevention” of crime to the technological limitations of such efforts. As always, I greatly enjoyed by conversation with Mike and consider myself fortunate to work with him at Elon.

Lastly, I’m thrilled to post Show #192, August 23, my interview with Tim Jordan of King’s College London on hacking. Tim is (and has been) doing fascinating work on the question of how the Internet has changed communication practices. Drawing on the worlds of 19th century Australian pioneers and modern-day virtual world gamers, Internet, Society and Culture: Communicative Practices Before and After the Internet, published by Bloomsbury, was a terrific book from which to draw many enlightening and fun points of discussion. I learned much and loved the interview.

I am now in the process of setting the schedule for the Fall 2013 quarter, so please look for the schedule by the end of September (I am excited to note that the first guest will be Prof. Anupam Chander of UC Davis Law, author of the just-released book The Electronic Silk Road). In the interim, please email me at dave@hearsacyulture.com if you have any comments, questions or suggestions for future guests. Thanks for listening!

I’m pleased to post the first two shows of the summer quarter. The first, Show #187, July 3, is my interview with Prof. Dave Opderbeck of Seton Hall Law School on FISA courts and NSA surveillance. David recently created a dataset which shows that very few government requests have been denied by the FISA court. While it may be tempting to dismiss this conclusion as obvious, it is useful to explore it in more depth. And so we did, discussing the role of the FISA court and its relationship to the Snowden/PRISM affair, and the implications of the data, political, social and legal. I enjoyed the interview.

The second show, Show #188, July 10, is my interview with Ron Epstein, CEO of EpicenterIP, on non-practicing entities/patent trolls, or as Ron puts it, “patent investors.” Ron is one of the most prominent people in this highly controversial world of patent investing and arbitrage. Regardless of the monicker placed on the activity, the purchase of patent portfolios raises fascinating questions regarding the role of patents in our economy and the limits of permissible use of the monopoly power that it confers. We explored the range of these questions, and I greatly enjoyed the discussion.

Look for more shows to be posted in a week or so, and thanks for listening!


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