Your Internet Browsing History Is as Safe as Ever

Your web browsing history is exactly as safe from surveillance by the federal government as it was yesterday. Which is to say, not wide open, but not wildly safe either. The Hype Yesterday afternoon a vote took place in the United States Senate.  Headlines emerged...

Stairway to Abstraction: Selection, Arrangement and Dissection

A Layer Cake, or a Tower of Babel? Toward a General Theory and Test for Selection and Arrangement in Copyright Law One of the most bedeviling copyright concepts is… well, it has lots of different names. In the recent “Stairway to Heaven” decision, it was called...

The Happiest Ending for the “Stairway to Heaven” Case

Wherein Some Bad Old Mistakes Are Fixed, but Led Zeppelin Need Suffer No Longer The last couple of times I blogged about the “Stairway to Heaven” case, I was defending the Ninth Circuit’s decision to send the case back down to the trial court for a re-do, even though...