Curriculum vitae
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University of Michigan Law School — Ann Arbor, Michigan
Thomas W. Lacchia Professor of Law — 2022 to presentCase Western Reserve University School of Law — Cleveland, Ohio
John Homer Kapp Professor of Law—2021 to 2022
Professor — 2015 to 2022
Associate Professor — 2013 to 2015University of Notre Dame Law School — Notre Dame, Indiana
Visiting Associate Professor — 2012Wayne State University Law School — Detroit, Michigan
Assistant Professor — 2009 to 2012UC Berkeley School of Law — Berkeley, California
Microsoft Research Fellow — 2008 to 2009UC Berkeley School of Information — Berkeley, California
Lecturer — 2007 to 2008 -
UC Berkeley School of Law — JD
Berkeley Technology Law Journal
California Law ReviewKenyon College — AB in Philosophy
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The Licensed Library: Lending in the Era of Digital Books
(with Jason Schultz)How Intellectual Property Ends
(with Dave Fagundes) -
The Right to Repair: Reclaiming the Things We Own
Cambridge University Press 2022Creativity Without Law: Challenging the Assumptions of Intellectual Property
NYU Press 2017 (edited with Kate Darling)The End of Ownership: Personal Property in the Digital Economy
MIT Press 2016 (with Jason Schultz) -
Resale Markets for Digital Music
Oxford Handbook of Music Law and Policy, Oxford University Press 2021 (Sean O’Connor ed.)Owning the Body: Creative Norms in the Tattoo Industry
Creativity Without Law, NYU Press 2017 (Kate Darling & Aaron Perzanowski eds.)Digital Copyright Exhaustion & Personal Property
Research Handbook on IP Exhaustion and Parallel Imports, Edward Elgar Publishing 2016 (Irene Calboli & Edward Lee eds.) -
Repair as Research: How Copyright Impedes Learning About Devices
Michigan Technology Law Review (forthcoming 2024)
(with Anthony Rosborough)Calculating the Harms of Political Use of Popular Music
75 University of California Law Journal 293 (2024)
(with Jake Linford)How the Blockchain Undermined Digital Ownership
80 Washington & Lee Law Review 1137 (2023)Mandating Repair Scores
37 Berkeley Technology Law Journal 1123 (2023)Tattoos, Norms & Implied License s
107 Minnesota Law Review Headnotes 104 (2023)Consumer Perceptions of the Right to Repair
96 Indiana Law Journal 361 (2021)Abandoning Copyright
62 William & Mary Law Review 487 (2020)
(with Dave Fagundes)The Tethered Economy
87 George Washington Law Review 783 (2019)
(with Chris Jay Hoofnagle & Aniket Kesari)Clown Eggs
94 Notre Dame Law Review 1314 (2019)
(with Dave Fagundes)The Limits of Copyright Office Expertise
32 Berkeley Technology Law Journal 733 (2018)What We Buy When We “Buy Now”
165 University of Pennsylvania Law Review 315 (2017)
(with Chris Jay Hoofnagle)You Buy It, You Break It
74 Washington & Lee Law Review 527 (2017)The Interaction of Exhaustion and the General Law
102 Virginia Law Review Online 8 (2016)
(with Ariel Katz & Guy Rub)Legislating Digital Exhaustion
28 Berkeley Technology Law Journal 1535 (2015)
(with Jason Schultz)Afterword: Conferring About the Conference
52 Houston Law Review 679 (2015)
(with Jessica Silbey & Marketa Trimble)Reconciling Personal & Intellectual Property
90 Notre Dame Law Review 1213 (2015)
(with Jason Schultz)Tattoos & IP Norms
98 Minnesota Law Review 511 (2013)Copyright Exhaustion and the Personal Use Dilemma
96 Minnesota Law Review 2067 (2012)
(with Jason Schultz)Digital Exhaustion
58 UCLA Law Review 889 (2011)
(with Jason Schultz)Fixing RAM Copies
104 Northwestern University Law Review 1067 (2010)Unbranding, Confusion & Deception
24 Harvard Journal of Law & Technology 1 (2010)In Defense of Intellectual Property Anxiety
94 Minnesota Law Review Headnotes 85 (2010)Rethinking Anticircumvention’s Interoperability Policy
42 UC Davis Law Review 1549 (2009)The Penumbral Public Domain: Constitutional Limits on Quasi-Copyright Legislation
10 University of Pennsylvania Journal of Constitutional Law 1081 (2008)The Magnificence of the Disaster: Reconstructing the Sony BMG Rootkit Incident
22 Berkeley Technology Law Journal 1157 (2007)
(with Deirdre Mulligan)Relative Access to Corrective Speech: A New Test for Requiring Actual Malice
94 California Law Review 833 (2006)Evolving Standards & the Future of the DMCA Anticircumvention Rulemaking
10 Journal of Internet Law 1 (2007)User Choices and Regret
2 I/S: Journal of Law & Policy 283 (2006)
(with Nathaniel Good, Jens Grossklags, David Thaw & Deirdre Mulligan)Prometheus Radio Project v. FCC: The Persistence of Scarcity
20 Berkeley Technology Law Journal 743 (2005) -
Comment to the Federal Trade Commission
Docket Number FTC-2023-0077 (2024)Brief of Copyright Scholars
Hachette Book Group, Inc. v. Internet Archive (2d Cir. 2023)Written Testimony: Is There A Right to Repair?
House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet (July 2023)Feedback of the European Law Institute on the European Commission’s Proposal for a Directive on Common Rules Promoting the Repair of Goods
Advisory Committee Member (May 2023)Testimony of IP Professors on Right to Repair Bills Submitted to California, Colorado, Delaware, Florida, Maryland, Minnesota, Nevada, New York, Oregon, and Washington legislatures (2021-23)
White Paper on the Right to Equitable and Professional Auto Industry Repair (REPAIR) Act, H.R. 6570, 117th Congress
Sponsored by the CAR Coalition (2022)Brief of Intellectual Property Professors
Hachette Book Group, Inc. v. Internet Archive (SDNY 2022)Brief of Intellectual Property Professors
Capitol Records v. ReDigi (No. 16-2321) (2d Cir. 2017)Briefs of Intellectual Property Professors & American Antitrust Institute
Impression Products v. Lexmark 581 U.S. __ (2017)
Impression Products v. Lexmark (No. 15-1189) (supporting certiorari)
Lexmark v. Impression Products, 816 F.3d 721 (Fed. Cir. 2016)Comment of Intellectual Property Professors
Software-Enabled Consumer Products Study, US Copyright Office (2016)Brief of Twenty-Five Intellectual Property Law Professors
Kirtsaeng v. John Wiley & Sons, 568 U.S. 519 (2013)Brief of Thirty-One Intellectual Property & Constitutional Law Professors
United States v. Martignon, 492 F.3d 140 (2d Cir. 2007)Brief of Law Professors with Expertise in Internet Law
Barrett v. Rosenthal, 40 Cal. 4th 33 (Cal. 2006)Comment of Edward Felten & J. Alex Halderman
Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures, US Copyright Office (2006)Brief of Sixty Intellectual Property & Technology Law Professors & the United States Public Policy Committee of the Association for Computing Machinery
Metro-Goldwyn-Mayer Studios v. Grokster, 545 U.S. 13 (2005)
Reprinted in 20 Berkeley Technology Law Journal 535 (2005)Brief of Consumers Union & Public Knowledge
Davidson & Associates v. Jung, 422 F.3d 630 (8th Cir. 2005) -
Art Law Works In Progress
Commentator, Ohio State University Moritz College of Law, May 30-31, 2024Junior Scholars Conference
Commentator, University of Michigan Law School, April 13, 2024The Licensed Library
Georgetown University Law Center, April 8, 2024
SMU Dedman School of Law, March 28, 2024
Google Books Library Summit, May 24, 2023
Cardozo Law School, April 24, 2023
University of Michigan Law School, March 30, 2023The Right to Re air
Iowa State University, November 13, 2023
Cambridge Festival, Cambridge University, March 28, 2023
University of Windsor Faculty of Law, March 9, 2023
California Right to Repair Lawmaker Summit, January 26, 2023
AIPPI Canada, January 26, 2023
Montana State University, December 7, 2022
ABA Antitrust Spring Meeting, April 6, 2022
Niskanen Center, January 20, 2022
Copyright Society of the USA, April 13, 2021Mapping Copyright
Symposium Honoring Pamela Samuelson
UC Berkeley School of Law, November 3, 2023Law & STEM Junior Faculty Forum
Commentator, Stanford Law School, October 28, 2023How Intellectual Property Ends
IP Scholars Conference, Cardozo Law School, August 3, 2023Is There A Right to Repair?
House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet, July 18, 2023Tattoos, Norms & Implied Licenses
Columbia Law School, Kernochan Center, April 4, 2023
California Lawyers Association, December 1, 2022Hearing on Senate Bill 1598 Minnesota Senate Judiciary Committee, March 24, 2023
How the Blockchain Undermined Digital Ownership
Washington and Lee Law Review Symposium, March 17, 2023Consumer Law Scholars Conference
Commentator, UC Berkeley School of Law, March 2-3, 2023Hearing on House Bill 1392 Washington House of Representatives, February 1, 2023
Three Rivers IP Colloquium
University of Pittsburgh, January 27, 2023Interdisciplinary Working Group on Interoperability
IP Track Facilitator, Stanford Law School, January 19-20, 2023Law & STEM Junior Faculty Forum
Commentator, Northwestern University, October 22, 2022The Emergent Right to Repair
UC Berkeley School of Law, BCLT Annual Symposium April 22 & 29, 2022
Conference co-organizer with Pam SamuelsonCampaigns, Copyright & Tarnishment
WIPIP, Saint Louis University, February 19, 2022
University of Pittsburgh, IP Colloquium, January 28, 2022Digital Ownership & the Future of Library Collections
Internet Archive, Library Leaders Forum, October 13, 2021Briefing on Digital Ownership
National Telecommunications & Information Administration, July 26, 2021Hearing on House Bill 21-1199
Colorado General Assembly, March 25, 2021The End of Library Ownership?
Library Futures, February 22, 2021Abandoning Copyright
University of Pittsburgh, IP Colloquium, January 30, 2020
DePaul College of Law, IP Scholars Conference, August 8, 2019
University of Houston, Works in Progress IP, February 9, 2019The Right to Repair, IP & Innovation
IP & Innovation Conference, Suffolk University, October 29, 2019The Tethered Economy
Arizona State University College of Law, Governance of Emerging Technologies, May 23, 2019
Yale Law School, (Im)Perfect Enforcement, April 6, 2019Trademark Confusion & Consumer Credulity
USPTO, Roundtable on Empirical Methods in IP, April 13, 2019Fair Use & Controlled Digital Lending
CWRU, Fair Use Week, February 13, 2019IP Exhaustion & Post-sale Restrictions
AALS Annual Meeting, New Orleans, January 4, 2019Intellectual Property’s Economic Foundations
BYU Copyright & Trademark Symposium, October 18, 2018Clown Eggs
University of Tulsa College of Law, October 15, 2018 Wayne State University School of Law, September 17, 2018
CWRU, Works in Progress IP, February 17, 2018
Case Downtown, City Club of Cleveland, October 18, 2017
Cardozo Law School, IP Scholars Conference, August 11, 2017
Boston University, Works in Progress IP, February 11, 2017The Internet of Things You Don’t Own
Law & Society, Toronto ON, June 9, 2018How Scientology & Porn Shaped the Internet
RightsCon, Toronto ON, May 17, 2018Resale Markets for Digital Music
New Music Ecosystem, University of Washington & KEXP, May 4, 2018The Limits of Copyright Office Expertise
UC Berkeley School of Law, Administrative Law of IP, April 12, 2018The End of Ownership
University of Windsor, April 6, 2018
University of Chile, Civil Law Congress, March 13, 2018
CopyCamp, Warsaw PL, September 28, 2017
SXSW Interactive, Austin TX, March 15, 2017
UC Berkeley School of Law, BCLT, February 2, 2017
R Street Institute, Washington DC, December 2, 2016
Harvard University, Berkman Klein Center, November 15, 2016
Yale Law School, Information Society Project, November 3, 2016
Electronics Reuse Conference, Houston TX, October 24, 2016
Chicago-Kent College of Law, October 19, 2016
UC Berkeley School of Law, Software IP, April 15, 2016
University of Denver, Future World IP, February 4, 2016
CWRU School of Law, Barrister’s Lecture, October 10, 2015
University of Hawaii School of Law, April 30, 2015
City Club of Cleveland, March 18, 2015
Lewis & Clark Law School, IP in the Trees, March 6, 2015
US Patent & Trademark Office, Works in Progress, February 6, 2015Works in Progress IP
CWRU School of Law, February 16-17, 2018
Conference organizerGlobal Patent Licensing Post-Lexmark
Stanford Law School, Patents in Global Perspective , October 20, 2017Digital Lending Workshop
Internet Archive, San Francisco CA, May 24, 2017What We Buy When We “Buy Now”
United States Patent & Trademark Office, April, 18 2017
University of Washington, Art & Science of IP Deals, April, 8 2017
University of Pennsylvania, Law Review, November, 29 2016
Stanford Law School, IP Scholars Conference, August 11, 2016 Federal Trade Commission, April 5, 2016
University of Washington, Works in Progress, February 19, 2016
White House, Office of Science & Tech Policy, December 14, 2015
New America, Open Technology Institute, December 14, 2015
Indiana University School of Law, IP Seminar, October 22, 2015
Michigan State University, IP Seminar, October 13, 2015
DePaul College of Law, IP Scholars Conference, August 7, 2015 Ohio State University College of Law, July 23, 2015Copyright Small Claims Roundtable
UC Berkeley School of Law, BCLT, February 3, 2017The Psychology & Sociology of Creativity & IP
Stanford Law School, September 9-10, 2016Deception Roundtable
University of Notre Dame Law School, May 20, 2016Software-Enabled Consumer Products Study
United State Copyright Office, May 18, 2016Workshop on Cybersecurity Research
UC Berkeley School of Law, April 9-10, 2015International IP Exhaustion
CWRU School of Law, The Digital Border, March 20, 2015Creativity Without Law
CWRU School of Law, November 7, 2014
Conference organizer, cosponsored by Harvard Berkman Center for Internet & SocietyReconciling Personal & Intellectual Property
Northeast Ohio Faculty Colloquium, October 31, 2014
University of British Columbia, ALPS, May 2, 2014
Santa Clara School of Law, Works in Progress, February 8, 2014
Indiana University McKinney School of Law, January 28, 2014
Cardozo Law School, IP Scholars Conference, August 8, 2013Recalibrating Copyright
University of Houston IPIL National Conference, May 31, 2014U.S. Patent & Trademark Office Copyright Green Paper Roundtable
Vanderbilt University Law School, May 21, 2014Legislating Digital Exhaustion
UC Berkeley School of Law, The Next Great Copyright Act, April 3, 2014Tattoos & IP Norms
University of Idaho College of Law, March 10, 2014
Cleveland Intellectual Property Law Association, January 9, 2014
CWRU School of Law, Student Scholarship Lecture, November 20, 2013
University of Akron School of Law, February 27, 2013
University of Notre Dame Law School, November 20, 2012
Whittier Law School, September 20, 2012
Stanford Law School, IP Scholars Conference, August 10, 2012Altai @ 21 Roundtable
UC Berkeley School of Law, BCLT, October 25, 2013Intellectual Property v. Personal Property
Computers, Freedom & Privacy, Washington DC, June 25, 2013The Future of Copyright’s First Sale Doctrine
Columbia University, American Assembly, May 17, 2013Generalizing IP Norms
University of Notre Dame Law School, Knockoff Economy Roundtable, January 18, 2013Readers as Owners
New York Law School, In re Books, October 26, 2012Is Copyright’s First Sale Doctrine Dying?
American Bar Association, Section of IP Law, June 28, 2011Technological Transparency & Accountability
UC Berkeley School of Law, Samuelson Clinic Tenth Anniversary, April 1, 2011Digital Exhaustion
UC Berkeley School of Law, IP Scholars Conference, August 12, 2010Unbranding, Confusion & Deception
University of Michigan Law School, IP Workshop, March 24, 2010Fixing Ram Copies
Cardozo Law School, IP Scholars Conference, August 6, 2009Rethinking Anticircumvention's Interoperability Policy
Microsoft Corporation, December 16, 2008
Stanford Law School, IP Scholars Conference, August 7, 2008Exemption Proposal Testimony
US Copyright Office, Anticircumvention Rulemaking, March 31, 2006 -
Copyright
Copyright, Libraries & Ebooks
IP & Social Norms
IP Survey
Internet Law
Law & Policy of Repair
Property
Telecommunications
Trademark & Unfair Competition -
Fenwick & West LLP — San Francisco CA
Litigation Associate — 2006 to 2008Electronic Frontier Foundation — San Francisco CA
Legal Intern — 2006Samuelson Law, Technology & Public Policy Clinic — Berkeley CA
Student Attorney — 2004 to 2006