Associate Professor @WisconsinLaw; Affiliated Fellow @yaleisp. Copyright, IP, and tech law. #FirstGen

Madison, WI
Excited to share my review of @cbseaman & Tran on board game innovation. They challenge the binary btw full-IP and negative space industries: most are hybrids. But what can this industry tell us about whether an innovation regime strikes the right balance? Thoughts linked below
Check out our latest Iowa Law Review Online piece, "Hybrid Innovation Regimes: The Interplay of IP and Non-IP Protections" by BJ Ard. You can read this Response Piece here: ilr.law.uiowa.edu/online/vol…
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BJ Ard retweeted
“why do you have a messy pile of clothes in the chair?” it’s L1 cache for fast random access to our frequently used clothes in O(1) time
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#newlawrevarticles My paper, "Privacy Law's Role in an Information Economy," is available on @SSRN for any interested readers. papers.ssrn.com/sol3/papers.…
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Reminder to courts sitting in equity:
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my annual reminder that trademark law has a doctrine called nominative fair use, which allows speakers to use TMs to reference brands in describing their own goods/services--like "we clean UGG boots" or "charger compatible w/ iPhone 15" or "wings half off on superbowl sunday"
we all know @nfl is aggressive in policing its SUPER BOWL trademark. it also has federal registrations for “super sunday,” “gameday,” “back to football,” “1st and goal,” & over 100 other marks. tinyurl.com/y2y2y6yn
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This is a quick thread for people trying to keep up with international platform liability law developments. I used to do that myself, but there is just too much! But here are some things to keep an eye on and people who know more. 1/
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Thoughtful thread below on why path breaking academic papers might have a hard time getting accepted in journals. A reason to think through how better to sift through and elevate intriguing preprints, when attention, rather than paper or distribution, is the material constraint.
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law of the fox
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1/n: There are some academic papers that are so brilliantly and so accessibly written and so universal in scope that they transcend disciplines and stand as timeless testaments to both great thinking and great writing. Here's a short personal selection:
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📖📚New book alert!🚨🔔 "Research Handbook on Law & Technology" edited by @oliakanevskaia, Bartosz Brożek, and yours truly has just been published by @ElgarPublishing @Elgar_Law 😍
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Large language models must not be permitted to reveal the secret chord that David played to please the Lord
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Me as a law student deciding on a career in tech law: It’s so cool that this field is always changing! Me as a tech lawyer: oh no
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Beyond thrilled to share that my first book, "The Privacy Fallacy: Harm and Power in the Information Economy" is now in production with @CambridgeUP. In a world where data is the lifeblood of the economy, figuring out how to protect people from data harms is paramount 1/
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.@bj_ard, @nyutandon and @openlawlib work to develop technologies that secure the “digital legal supply chain” thanks to a $1.2 million @NSF grant. Learn more: bit.ly/3Orfdsh. #Cybersecurity
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I'll be teaching a seminar on "property theory" for the first time in the fall. I'd appreciate any suggestions about what to assign. I'm particularly interested in classic/critical takes & articles in the "stories" mode. On the shorter side is a plus!
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🌀 Spiral Learning Lawyers are constantly learning new topics & tasks. In law school we try to teach "how to think like a lawyer" but also "how to learn like a lawyer." One of my favorite learning techniques is sometimes called "spiral learning":
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