Show # 257 — Prof. Neil Netanel on Jewish copyright law — posted

I’m pleased to post show # 257, June 17, my interview with Prof. Neil Netanel of UCLA Law, author of From Maimonides to Microsoft: The Jewish Law of Copyright Since the Birth of Print. I’ve had occasion to discuss Jewish intellectual property law in the past, and always seize the opportunity when it arises. Neil offers such an opportunity, as he’s written a thoroughly researched and annotated history of the Jewish copyright law and theory. As we discussed, this was a particular challenge since the word “copyright” is largely absent from Jewish writing. Drawing on extensive Jewish law and commentary over centuries, Neil articulates the many facets of Jewish copyright theory that capture elements of modern copyright theoretical bases like personhood and Lockean labor. By examining not just the theory but the types of disputes that arose in Rabbinical courts, as well as the relationship between Jewish jurists and their non-Jewish counterparts, we had a unique and fascinating discussion. Having a prolific and thoughtful scholar on the show is always an honor; thus, I hope that you enjoy this in-depth conversation with one of intellectual property law’s scholarly giants!


Show # 253 — Prof. Pam Samuelson on the Authors Alliance — posted

I’m pleased to post Show # 253, April 29, my interview with Prof. Pam Samuelson of UC Berkeley School of Law and School of Information, on the Authors Alliance. Pam needs little introduction to Hearsay Culture listeners given her position as one of the leading intellectual property law scholars of the last 30 years. In this interview, we focused on Pam’s work for the Authors Alliance, founded by Pam in 2014 to promote “authorship for the public good by supporting authors who write to be read.” Given the continued pitched battles around the contours of United States copyright law, the timing of our discussion could not have been better. In a candid and broad interview, we discussed the recent Google Book Search fair use decision, the Authors Alliance’s relationship with the Authors Guild, and the role for academics in policy debate, among other topics. I was thrilled to have Pam on the show, and look forward to her future return!


Show # 251 — Dave King, of The Bad Plus and Rational Funk — posted

I’m posting this show on a Sunday night, with The Jazztet’s Another Git Together (Mercury SR-60737, 1962), playing on my turntable. This is an appropriate background — although, as my guest points out in this interview, music listening should be immersive, not merely serve as a backdrop — for posting Show # 251, March 11, my interview with Dave King, drummer for The Bad Plus and host of Rational Funk. While one could dismiss this interview as my effort to parlay Hearsay Culture into a fan exercise, as I’m a big Bad Plus (and an amateur drummer), Dave’s development of the video podcast Rational Funk is the clear Hearsay Culture hook.

Dave is one of the most successful and acclaimed jazz drummers of the past 20 years, but his work creating Rational Funk and the impact of technology on the jazz world was our focus. In this wide-ranging and candid interview, we discussed the paths to success for jazz musicians today, the production, development and impact of Rational Funk, and even some of Dave’s personal reflections on the film Whiplash‘s accuracy. It was a joy to chat with Dave, who took time out of a busy touring schedule to join us on the show, and I hope that you enjoy our discussion!

Show notes:

(a) Rational Funk Ep. 21, Lady Gaga/Laptops, excerpted in the introduction;

(b) My personal favorite Rational Funk episode, episode six, where Dave demonstrates how to use military drumming to full effect as a jazz drummer;

(c) The Dave King Trio, live at the Village Vanguard (my favorite jazz venue in the world), 2013. Thanks so much to NPR for recording and presenting live jazz!


Show # 250(!) — Sam Brylawski on audio preservation — posted

I’m honored to post Show # 250 (!), March 4, my interview with Sam Brylawski of the Library of Congress’ National Sound Preservation Board, co-author of the ARSC Guide to Audio Preservation. Sam is one of the pioneers of audio sound preservation, and one of its foremost experts, having been the President of the Association of Recorded Sound Collections (ARSC) and editor of the Encyclopedic Discography of Victor Recordings. Sam’s work focusing on preserving our collective sound history is extraordinarily important, as this history is at persistent risk of disappearing through degradation of obsolete sound preservation formats, like wax cylinders and metal plates. In our discussion, we focused on the challenges facing our world’s sound history, from funding to copyright law. I’ve known Sam for over 10 years, and this show was long overdue. I hope that you enjoy the show!

Show notes:

(a) ARSC Guide to Audio Preservation, 2015.

(b) The State of Recorded Sound Preservation in the United States: A National Legacy at Risk in the Digital Age, Council on Library and Information Resources and The Library of Congress, 2010.

(c) Library of Congress Examines Copyright Issues in Digital Preservation of Commercial Sound Recordings, January 9, 2006.

Historical note: Speaking of history (that is also at long-term risk — how long will links last?), this is indeed show number 250 (!), corresponding with almost 10 years of programming. To honor these dual events, I’ll be interviewing Lawrence Lessig on Tuesday, April 26, 2016, “live” in Greensboro, NC at Elon Law. Grateful to have reached this point; more soon!


Show # 246 — Member of European Parliament Marietje Schaake on democracy and technology in the EU — posted

I’m pleased to post Show # 246, November 6, my interview with Member of the European Parliament Marietje Schaake on democracy and technology in Europe. Recommended by former Hearsay Culture guest Lousewies van der Laan of the Alliance of Liberals and Democrats for Europe, Marietje is a leading EU public official focusing on technology policy and the impact of technology on democracy. Her work is a perfect fit for Hearsay Culture, as it spans issues including Internet freedom, dual use technology, copyright policy, international trade agreements like the Anti-Counterfeiting Trade Agreement (ACTA) and Transatlantic Trade and Investment Partnership (TTIP), and the EU’s Digital Single Market. In our wide-ranging interview, we covered all of these topics, and even got into a discussion about EU-US relations and the impact of Edward Snowden’s revelations on that relationship. Marietje was an outstanding guest, and we had a terrific discussion. I look forward to having her back on the show in the future.


Show # 244 — Prof. Andrea Matwyshyn on the DMCA and security researchers — posted

This has been a crazy semester. Thus, I am delinquent in posting shows from this quarter. I am about to update the record.

Let’s start with Show # 244, October 2, my interview with Prof. Andrea Matwyshyn of Northeastern University Law School, on the Digital Millennium Copyright Act (DMCA) and the Volkwagen fraud scandal. Andrea has been doing outstanding work focusing on how copyright law can impede the ability of computer security researchers to conduct their research. On behalf of several academic security researchers, she submitted a request for an exemption under the DMCA for such research, and found success in late October. In our interview, we discussed the nature of computer security research, the law around it, and its implications for issues like research around the still-unfolding Volkswagen scandal. I am a big fan of Andrea’s work, and was delighted to have her on the show. I hope that you enjoy the interview.


Show # 243 — Prof. Jacqueline Lipton, author of Rethinking Cyberlaw — posted

For the final of the July shows, I’m thrilled to post Show # 243, July 31, my interview with Prof. Jacqueline Lipton of The University of Akron Law School, author of Rethinking Cyberlaw: A New Vision for Internet Law. Jacqui’s work is well known to Internet and intellectual property law scholars, and she makes a wonderful contribution with her take on the state of Internet Law as a field today. Focusing primarily on copyright, trademark and speech caselaw and doctrine, Jacqui suggests that Internet Law’s primary focus is now information and intermediaries (think Google or Facebook). As I’m going to be teaching Internet Law again starting in a few weeks, I’m integrating Jacqui’s insights into my materials. We discussed the state of the field and where its headed in our discussion, which was a lot of fun.


Show # 235 — Profs. Irina Manta and David Olson on consumer monitoring and price discrimination in the software market — posted

I’m pleased to post Show # 235, April 29, my interview with Profs. Irina Manta of Hofstra Law and David Olson of Boston College Law, authors of Hello Barbie: First They Will Monitor You, Then They Will Discriminate Against You. Perfectly. Irina and David have written a challenging and insightful article that posits a burgeoning economy where, as they put it, “manufacturers of software and of consumer goods … make use of consumer monitoring technologies and restrictive software licenses to more perfectly price discriminate.” Put differently, Irina and David argue that corporate monitoring and the ability to set restrictive license terms may not have the negative effects that one might assume; indeed, it may make software more affordable for more people. Drawing on the somewhat-creepy story of Mattel’s Hello Barbie, Irina and David have penned a fascinating article that positions the Internet of Things as a potential boon to software and technology access. We explored the structure and ramifications of their arguments in a fun discussion, which I hope you enjoy!


Show # 230 — Prof. Elizabeth Townsend Gard and Ron Gard on The Durationator and social entrepreneurship — posted

I’m thrilled to post Show # 230, February 18, my interview with Prof. Elizabeth Townsend Gard of Tulane University Law School and Ron Gard of Limited Times LLC, on The Durationator, an online tool to determine whether any work of authorship is covered by copyright, and social entrepreneurship. I have been a big fan of Elizabeth’s copyright duration work for a long time, and had her on the show in 2009 to discuss her amazing project entitled The Durationator. Now, after many years of work, The Durationator is a reality and publicly available through a partnership with Thomson Reuters. Having formed an entity, Limited Times LLC, with her husband Ron Gard to run The Durationator as well as focus on their social entrepreneurship efforts, we had a wide ranging and celebratory discussion about social entrepreneurship, as The Durationator launched on February 18, 2015, the day that the show aired on KZSU! I hope that you enjoy the discussion and learning about Elizabeth and Ron’s fascinating and useful work. Congrats Elizabeth and Ron!


Show # 220 — Profs. James Grimmelmann and David Post on Aereo’s copyright impact and Facebook’s emotional manipulation study — posted

I’m pleased to post Show # 220, August 6, my interview with James Grimmelmann of the University of Maryland School of Law and David Post of Temple University School of Law, on the recent US Supreme Court decision in ABC, Inc. v. Aereo and Facebook’s emotional manipulation study. David and James are both repeat guests on Hearsay Culture, but have never been on together. We focused on two issues: (a) the Aereo amicus brief authored by David and James on behalf of law professors, and the impact of the Aereo decision on copyright law and how new content delivery systems may or may not run afoul of copyright law, and (b) the impact of Facebook’s secretive 2014 behavioral study in which it manipulated the content delivered to users’ newsfeeds, particularly James’ extensive analysis of the problems associated with the study. Both issues raise important questions of the role of law in information and content distribution and how private entities and the public might navigate the current technological terrain. I always enjoy David and James as insightful guests capable of wide-ranging discussion, and this show was no exception.