Contributory Copyright Liability Back Before the Supreme Court; Marquette University Law School, November 28, 2025

 Bruce E. Boyden, Marquette University Law School ; Contributory Copyright Liability Back Before the Supreme Court

"The case itself is no trifling matter. Cox, a cable company that provides broadband internet access to its subscribers, is appealing a $1 billion jury verdict holding it liable for assisting some of those subscribers in engaging in copyright infringement. The case arose from an effort by record labels and music publishers to stem the tide of peer-to-peer filesharing of music files by sending notices of infringement to access providers such as Cox. The DMCA bars liability for access providers as long as they reasonably implemented a repeat infringer policy. But who’s a repeat infringer? The notices were an effort to get access providers to take action by giving them the knowledge of repeat infringements necessary to trigger the policies.

According to the evidence presented at trial, however, Cox was extremely resistant to receiving or taking action in response to the notices. The most colorful bit of evidence (and yet another example of how loose emails sink ships) was from the head of the Cox abuse and safety team in charge of enforcing user policies, who screamed in a team-wide email: “F the dmca!!!” (This was followed by an email from a higher-level executive on the chain: “Sorry to be Paranoid Panda here, but please stop sending out e-mails saying F the law….”) The Fourth Circuit ultimately held that because Cox didn’t reasonably implement its repeat infringer policy, it lost its statutory immunity, and then at trial the jury found Cox contributorily liable for the infringements that it had been notified about, which the Fourth Circuit affirmed.

The question before the Court is whether the lower courts applied the right test for contributory copyright liability, or applied it correctly. (There’s a second question, about the standard for willfulness in determining damages, but I didn’t address that one.) There’s a couple of things that make this issue difficult to disentangle; one has to do with the history of contributory infringement doctrine, and the other is a technical issue about what, exactly, is being challenged on appeal."

$1 billion Supreme Court music piracy case could affect internet users; USA TODAY, November 30, 2025

Maureen Groppe , USA TODAY; $1 billion Supreme Court music piracy case could affect internet users

"The entertainment industry’s seemingly losing battle to stop music from being illegally copied and shared in the digital age hits the Supreme Court on Dec. 1 in a case both sides say could have huge consequences for both the industry and internet users.

A decision by the high court that fails to hold internet service providers accountable for piracy on their networks would “spell disaster for the music community,” according to groups representing musicians and other entertainers.

But Cox Communications, the largest private broadband company in America, argues too tough a standard could “jeopardize internet access for all Americans.”"

The Supreme Court Is About to Hear a Case That Could Rewrite Internet Access; Slate, November 28, 2025

MICHAEL P. GOODYEAR, Slate; The Supreme Court Is About to Hear a Case That Could Rewrite Internet Access

"Imagine losing internet access because someone in your household downloaded pirated music. We rely on the internet to learn, discover job opportunities, navigate across cities and the countryside, shop for the latest trends, file our taxes, and much more. Now all of that could be gone in an instant.

That is not a dystopian fantasy, but a real possibility raised by a case the Supreme Court will hear on Monday. In Cox Communications, Inc. v. Sony Music Entertainment, the justices will decide whether an internet provider can be held responsible for failing to terminate subscribers accused of repeat copyright infringements. The ruling could determine whether access to the internet—today’s lifeline for education, work, and civic life—can be taken away as punishment for digital misdeeds. Cox’s indifference to repeat infringement is condemnable, but a sweeping ruling could harshly punish thousands for one company’s bad faith."

Jason Schwartzman Finds Peace at the Library; The New York Times, November 29, 2025

Elisabeth Vincentelli , The New York Times; Jason Schwartzman Finds Peace at the Library

"Library Card

My mom [Talia Shire] studied with Stella Adler, who told her that as an actor you need a library card and a bus pass. I feel calm in libraries. I think it’s because everyone else is so calm, and everyone’s working or researching or something. It’s almost like a movie set, and I have to pretend I’m working, too. Everyone should have a library card. It’s like a bicycle but for your brain."

Trump Frees Fraudster Just Days Into Seven-Year Prison Sentence David Gentile had been found guilty for his role in what prosecutors described as a $1.6 billion scheme that defrauded thousands of investors.; The New York Times, November 29, 2025

Kenneth P. Vogel, The New York Times ; Trump Frees Fraudster Just Days Into Seven-Year Prison Sentence 

David Gentile had been found guilty for his role in what prosecutors described as a $1.6 billion scheme that defrauded thousands of investors.

"President Trump has set free a private equity executive who had served less than two weeks of a seven-year sentence for his role in what prosecutors described as a $1.6 billion scheme that defrauded thousands of victims.

David Gentile, 59, a onetime resident of Nassau County, N.Y., had reported to prison on Nov. 14, and was released on Wednesday, according to Bureau of Prisons records and a White House official who was not authorized to discuss the matter.

Mr. Gentile and a co-defendant, Jeffry Schneider, were convicted in August 2024 of securities and wire fraud charges, and sentenced in May. Unlike a pardon, the commutation granted to Mr. Gentile will not erase his conviction. 

Mr. Schneider, who was sentenced to six years, does not appear to have received clemency from Mr. Trump...

Mr. Trump has used the unfettered presidential clemency power to forgive an array of white-collar crimes and to make political points, including by casting prosecutions of his supporters as corrupt witch hunts like those that he claims had targeted him.

It was not immediately clear whether Mr. Gentile had connections to Mr. Trump or to the president’s supporters."

More than half of new articles on the internet are being written by AI – is human writing headed for extinction?; The Conversation, November 24, 2025

Francesco Agnellini, Lecturer in Digital and Data Studies, Binghamton University, State University of New York, The Conversation ; More than half of new articles on the internet are being written by AI – is human writing headed for extinction?

"The line between human and machine authorship is blurring, particularly as it’s become increasingly difficult to tell whether something was written by a person or AI.

Now, in what may seem like a tipping point, the digital marketing firm Graphite recently published a study showing that more than 50% of articles on the web are being generated by artificial intelligence.

As a scholar who explores how AI is built, how people are using it in their everyday lives, and how it’s affecting culture, I’ve thought a lot about what this technology can do and where it falls short. 

If you’re more likely to read something written by AI than by a human on the internet, is it only a matter of time before human writing becomes obsolete? Or is this simply another technological development that humans will adapt to?...

If you set aside the more apocalyptic scenarios and assume that AI will continue to advance – perhaps at a slower pace than in the recent past – it’s quite possible that thoughtful, original, human-generated writing will become even more valuable.

Put another way: The work of writers, journalists and intellectuals will not become superfluous simply because much of the web is no longer written by humans."

Trump’s $2 Trillion Plan to Cash in on Ukraine ‘Peace’ Leaks; The Daily Beast, November 29, 2025

Adam Downer , The Daily Beast; Trump’s $2 Trillion Plan to Cash in on Ukraine ‘Peace’ Leaks

[Kip Currier: Notice that there's no Trump 2.0 substantive discussion of human rights violations or accountability for Russia's invasion of Ukraine on February 24, 2022, abduction of Ukrainian children (see 11/20/25 Euronews "Back from captivity: Ukrainian children abducted by Russia share their stories", attacks on churches, schools, and hospitals (see also 2023 National Library of Medicine (NLM) study "Attacks on Ukrainian healthcare facilities during the first year of the full-scale Russian invasion of Ukraine"), and atrocities like the Bucha massacre in March 2022.]

[Excerpt]

"At the center of President Trump’s contentious plan to end the Russia-Ukraine war isn’t peace: it’s profit.

Trump envoys Steve Witkoff and Jared Kushner are negotiating with Russian officials to ensure U.S. businesses—and Trump’s friends—are in position to make a killing once the war ends, according to an exhaustive Wall Street Journal report published Friday...

Witkoff spoke to the paper about a future where Russia, the U.S., and Ukraine are all business partners. 

“If we do all that, and everybody’s prospering and they’re all a part of it, and there’s upside for everybody, that’s going to naturally be a bulwark against future conflicts there. Because everybody’s thriving,” Witkoff said...

Europe balked at President Trump’s 28-point peace plan—which Witkoff drafted based on a Russian plan— arguing it was overly generous to Russia. The deal had Ukraine concede territory and cut its military capacity, effectively neutering the nation’s sovereignty. The plan wasn’t popular in America either, as it received significant pushback from the GOP...

Though the Journal’s report details the many ways in which Americans and Russians could profit from an eventual peace deal, it’s unclear how Ukraine would benefit."

Fordham Offers Certificate Focused on AI Ethics; Fordham Now, November 17, 2025

Alex Williamson, Fordham Now; Fordham Offers Certificate Focused on AI Ethics

"As new technologies like artificial intelligence become increasingly embedded in everyday life, questions about how to use them responsibly have grown more urgent. A new advanced certificate program at Fordham aims to help professionals engage with those questions and build expertise as ethical decision-makers in an evolving technological landscape. 

The Advanced Certificate in Ethics and Emerging Technologies is scheduled to launch in August 2026, with applications due April 1. The 12-credit program provides students with a foundation for understanding not only how technologies such as AI work, but also how to evaluate their social and moral implications to make informed decisions about their use. 

A Long History of Ethical Education

The program’s development was guided by faculty in Fordham’s Center for Ethics Education, which has been a part of the University community for roughly three decades. According to Megan Bogia, associate director for academic programs and strategic initiatives at the center, the certificate program was developed in response to a growing need for ethical literacy among professionals working with new technologies—whether that means weighing questions of bias in AI-driven hiring tools, navigating privacy concerns in health data, or understanding the societal effects of automation. 

“As technologies rapidly advance and permeate more deeply into our daily lives, it’s important that we simultaneously build up the fluency to interrogate them,” said Bogia. “Not just so that we can advance a more just society, but also so we can be internally confident in navigating an increasingly complicated world.”

Flexible Options for a Variety of Fields

Students will complete courses that examine ethical issues related to technology, as well as classes that provide technical grounding in the systems behind it. One required course, currently under development by the Department of Computer and Information Science, will cover artificial intelligence for non-specialists, Bogia said, helping students understand “all of the machinations of LLMs—large language models—so they can be fully informed interlocutors with the models.”

Other courses will explore questions of moral responsibility and social impact. Electives such as “Algorithmic Bias” and “Technology and Human Development” will allow students to dig more deeply into specialized areas. 

Bogia said the program—which can be completed full-time or part-time, over the course of one or two years—was designed to be flexible and relevant for students across a wide range of fields and career stages. It may appeal to professionals working in areas such as business, education, human resources, health care, and law, as well as those in technology-focused fields like data science and cybersecurity. 

“These ethical questions are everywhere,” Bogia said. “We’ll have learning environments that meet students where they’re at and allow them to develop fluency in a way that’s most useful for them.”

She added that Fordham is an especially fitting place to pursue this kind of inquiry.

“As a Jesuit institution, Fordham is well-positioned to be concerned and compassionate in the face of hard problems,” said Bogia. 

To learn more, visit the program’s webpage."

Tech Titans Amass Multimillion-Dollar War Chests to Fight AI Regulation: Some are battling state AI laws and threatening to punish candidates who oppose rapid deployment of the technology; The Wall Street Journal, November 27, 2025

Laura J. Nelson , The Wall Street Journal; Tech Titans Amass Multimillion-Dollar War Chests to Fight AI Regulation: Some are battling state AI laws and threatening to punish candidates who oppose rapid deployment of the technology

"Billionaires, tech titans and their opponents are amassing multimillion-dollar war chests for a chaotic, bruising battle over AI regulation ahead of the 2026 midterm elections.

Opponents of state-level regulation fear a patchwork of laws will slow America’s progress in the artificial-intelligence arms race with China. They argue that the U.S. must spend trillions of dollars and build quickly in the coming years to maintain supremacy."

The Supreme Court’s Ethics Code Is a Joke. Big Oil Knows That.; The National Review, November 28, 2025

Aaron Regunberg , The National Review; The Supreme Court’s Ethics Code Is a Joke. Big Oil Knows That.

"I don’t have access to Big Oil’s internal emails about this. But they sure look wildly desperate to dodge the growing array of lawsuits over the damage caused by their decades-long scheme to deceive the public about climate change. Oil companies are doing whatever they possibly can to keep the plaintiffs in these suits (cities, counties, states, and Native American tribes) from having their day in court—and as some of the most powerful corporations in the world, there’s a lot they can do. They’re pushing Congress to pass a blanket waiver of liability for climate-related damages. They’ve deputized the Trump administration to threaten states that are bringing suits. And they have tried—again, and again, and again, and again, and again, and again—to get the Supreme Court to step in and dismiss the cases against them, based on an often contradictory set of legal theories claiming that the state laws they’re being sued under are preempted—i.e., nullified by federal law.

Big Oil has tried five times since 2021 to get the Supreme Court to step in and dismiss these lower court cases, and so far the court has rejected them all. But now the industry is trying once again, petitioning the justices to take up a case filed by the City and County of Boulder against ExxonMobil and Suncor. Last spring, the Colorado Supreme Court ruled that, after seven long years of delay tactics by the industry, this case could finally advance to discovery and trial...

What do judicial ethics codes have to do with climate deception? It all comes down to simple math. Every year, the Supreme Court receives many thousands of cert petitions. To grant a writ of certiorari, four of the nine justices must agree to take one of these cases. Given that lower threshold, any time a justice recuses themselves based on conflicts of interest it reduces the likelihood that a case will be heard. In this case, multiple justices have conflicts of interest that should take them out of the running to consider these suits—if such principles matter to the Supreme Court’s Republican majority.

One of these conflicted justices is Amy Coney Barrett...

Another justice, Samuel Alito, has a more traditional conflict of interest: He owns thousands of dollars of stock in the oil giants ConocoPhillips and Phillips 66. Unlike Barrett, Alito has recused himself from considering most, though not all, of the fossil fuel industry’s previous climate deception cert petitions...

We are, after all, living in an age of elite impunity. More and more Americans are asking whether the wealthy and powerful can do whatever they want—even participate in underage sex trafficking—and get away with it. That’s the same question at the center of these climate deception cases: Can Big Oil knowingly destroy the livability of our one and only planet, yet face zero consequences for exposing untold numbers to financial ruin, death, and the chaos of increasingly likely civilizational collapse?...

Big Oil wants us to succumb to nihilism when it comes to climate change. Disappoint them: Don’t give in."

Ukraine’s inspiring democratic resilience; The Washington Post, November 28, 2025

Editorial Board, The Washington Post; Ukraine’s inspiring democratic resilience

"Democracy and martial law make strange bedfellows. In Russia, where President Vladimir Putin’s hierarchical power is never contested, authoritarianism is entrenched. Repressive measures imposed for the sake of the war are unlikely to ever be lifted.

In Ukraine, however, the democratic spirit never bridled under wartime restrictions. Most Ukrainians understand that emergency measures have been necessary but remain skeptical of permanent centralized rule.

Isolationists in Washington may try to use Yermak’s resignation as an excuse to ditch Ukraine, citing it as evidence of endemic corruption. In truth, his ouster is evidence of resiliency and maturity that should hearten the Trump administration. Friday’s news shows Zelensky’s willingness to sideline even his closest aide to do what’s best for his country in its fight for national survival."

Retired judges warn that the rule of law is unraveling; The Washington Post, November 28, 2025

Brianna Tucker , The Washington Post; Retired judges warn that the rule of law is unraveling

"In a dozen interviews with The Washington Post, former judges and one soon-to-be-retired judge described a judiciary under incredible strain and its integrity threatened by partisan attacks, antagonistic rhetoric from public officials and ambiguous decisions handed down by the nation’s highest court.

Many judges said the politicization of judges, the Supreme Court’s expanding use of emergency dockets and sustained criticism from the Trump administration have pushed the courts and democracy to a fragile tipping point — one where cooperation with rulings and adherence to the rule of law can no longer be assumed.

“There’s not a person in our country that, whether they think about it or not, does not depend upon the ability of these fundamental rights and liberties to be protected in an action in court if there is someone who violates that,” said Paul Grimm, a retired judge for the U.S. District Court for the District of Maryland.

The consequences, judges warn, are already becoming visible in who’s willing to serve as a jurist, global shifts in judicial norms and the types of justice the U.S. system can still deliver."

Libraries become the last refuge for Washington’s homeless; EL PAÍS, November 28, 2025

 CRISTÓBAL VÁSQUEZ,  EL PAÍS; Libraries become the last refuge for Washington’s homeless

"Librarians as social workers

Even before the destruction of encampments ordered by Trump, libraries were shelters for the homeless, but they are playing an even more central role. “Since day shelters can only accommodate less than 5% of the homeless population, libraries become the only indoor public space they can access without being evicted during the day,” explains Francesca Emanuele, a doctoral candidate in anthropology at American University and an urban researcher.

At the city’s 26 public libraries, people experiencing homelessness can use computers to apply for jobs, communicate, find entertainment, access training, and find resources to address homelessness. In fact, the library system offers a program called We Care that provides emotional support, housing referrals, assistance with obtaining identification documents, and clothing donations, among other services.

The homeless community’s growing reliance on libraries has led librarians to expand their roles, with many taking on social work tasks to better serve this population, explains researcher Emanuele. “The government treats them as if they were social service personnel, trying to hide the city’s structural problems and distortions, such as high rental costs, the limited number of public housing units, and inflation, among others.”

Several librarians anonymously told Emanuele that “there are so many fights, drug overdoses, and unusual behavior in libraries” that they need to call on the DC Library Police to handle these situations. “There are more and more opioid overdoses on the premises, and we’ve received invitations to be trained in the use of Narcan,” one librarian shared, referring to the medication that reverses the effects of an opioid overdose. “I don’t see any problem with being trained, but I’m not sure if I want the library to become a safe place for drug use.”

Equipping libraries with overdose medication has been attempted elsewhere in the United States. In October, a New York City borough passed a law requiring public libraries to have naloxone [the generic name for Narcan] rescue kits mounted on the walls. “Libraries are more than book repositories — they’re community centers, classrooms, senior hubs, youth spaces, workforce training sites, and now, lifesaving access points,” said State Senator Steve Rhoads, who signed the legislation into law.

“We’ve been implementing what they have in New York for some time now. In fact, our Health Department has been providing Narcan for a while. Also, through the library, we have specialists who work specifically with homeless people,” says Reginald Black, who as a homeless person frequently visited libraries and now works as a housing liaison for the nonprofit organization Serve Your City/Ward 6 Mutual Aid, which connects homeless Washington residents with support and services.

The Washington, D.C. Department of Human Services maintains that a peer mentoring program operates in the city’s public libraries. Certified professionals, trained by the Department of Mental Health, connect homeless individuals and other citizens with services offered by the district.

For Emanuele, the new roles librarians are taking on are side effects and symptoms of a structural economic problem that, if not addressed by offering a decent housing option, will continue to push more people onto the streets and condemn the few public spaces and libraries to be the daytime refuge for those who are becoming homeless."

Artificial intelligence, intellectual property, and human rights: mapping the legal landscape in European health systems; npj Health Systems, November 25, 2025

 

Robin van Kessel, Jelena Schmidt, 

Hannah van Kolfschooten, 

Sam Feudo, 

Katie Young, 

Laura Valtere, 

Timo Minssen & 

Elias Mossialos 

, npj Health Systems ; Artificial intelligence, intellectual property, and human rights: mapping the legal landscape in European health systems

"Abstract

Intellectual property (IP) rights and IP-related rights, such as trade secrets and regulatory exclusivities, play a crucial role in the development and deployment of artificial intelligence (AI) technologies. However, possible interactions may be anticipated when comparing the legal relationships formed by these rights with those established by human rights. This study synthesises 53 laws and treaties illustrating the IP landscape for AI in health systems across Europe and examines their intersections with health-focused human rights. Our analysis reveals that a great variety of datasets, software, hardware, output, AI model architecture, data bases, and graphical user interfaces can be subject to IP protection. Although codified limitations and exceptions on IP and IP-related rights exist, interpretation of their conditions and scope permits for diverse interpretations and is left to the discretion of courts. Comparing these rights to health-focused human rights highlights tensions between promoting innovation and ensuring accessibility, quality, and equity in health systems, as well as between human rights ideals and the protection of European digital sovereignty. As these rights often pursue conflicting objectives and may involve trade-offs, future research should explore new ways to reconcile these objectives and foster solidarity in sharing the risks and benefits among stakeholders."

Copyright Piracy at the Supreme Court In Cox v. Sony: is an internet provider liable for digital thieves?; The Wall Street Journal, November 27, 2025

 The Editorial Board, The Wall Street Journal; Copyright Piracy at the Supreme Court" In Cox v. Sony, is an internet provider liable for digital thieves?

"If a college student pirates music files, can his broadband provider be liable for his copyright infringement? That’s the question before the Supreme Court on Monday in Cox Communications v. Sony Music Entertainment, which tugs at the tension between protecting intellectual property and the internet."

For Trump, there’s Columbus Day and Victory Day, but no World Aids Day; The Guardian, November 27, 2025

Lucy Campbell, The Guardian ; For Trump, there’s Columbus Day and Victory Day, but no World Aids Day

[Kip Currier: Not recognizing December 1st's World AIDS Day is another clear indication of what Trump 2.0 values and prioritizes and what it doesn't.

Ask yourself why Trump wouldn't continue acknowledging this public health and humanitarian effort that began in 1988.

As an interesting side note, Trump's mentor Roy Cohn -- who, as the BBC noted in 2024, taught Trump to "attack, counterattack and never apologise" -- passed away from AIDS in 1986 at the age of 59. 

Seeing the examples cited in this Guardian article of topics Trump has commemorated makes the administration's explanation even more unconvincing.]

[Excerpt]

"For the first time since 1988 the US government said it will no longer commemorate World Aids Day, which honors those who have lost their lives to the disease, celebrates efforts to combat the epidemic and raises awareness.

“An awareness day is not a strategy,” a state department spokesperson, Tommy Pigott, told the New York Times.

However, since returning to office Donald Trump has signed multiple proclamations for awareness days – and awareness weeks and awareness months – on topics that are apparently more to his liking. They include:"

‘Traitor’: US representatives call for Trump envoy Witkoff to be fired after leaked Kremlin call; The Guardian, November 26, 2025

Joseph Gedeon, The Guardian ; ‘Traitor’: US representatives call for Trump envoy Witkoff to be fired after leaked Kremlin call: Republicans and Democrats warn Witkoff ‘cannot be trusted’ after reportedly advising officials on peace plan

"A handful of US representatives have reacted furiously to a leaked recording in which the special envoy to Ukraine reportedly coached Moscow on how to handle Donald Trump, but most have so far remained mute on the revelation that American officials were advising a US adversary.

Don Bacon, a Republican representative, called for Steve Witkoff’s immediate dismissal. “For those who oppose the Russian invasion and want to see Ukraine prevail as a sovereign & democratic country, it is clear that Witkoff fully favors the Russians,” the Nebraska lawmaker wrote on X.

“He cannot be trusted to lead these negotiations. Would a Russian paid agent do less than he? He should be fired.”

Brian Fitzpatrick, a Pennsylvania Republican wrote that the leak represented “a major problem” and “one of the many reasons why these ridiculous side shows and secret meetings need to stop”. He urged that the secretary of state, Marco Rubio, be allowed to “do his job in a fair and objective manner”.

Democratic representative Ted Lieu went further, calling Witkoff an “actual traitor,” and adding: “Steve Witkoff is supposed to work for the United States, not Russia.”

In a recording obtained by Bloomberg of a 14 October phone call between Witkoff and Yuri Ushakov, Vladimir Putin’s top foreign policy aide, Witkoff said peace would require Moscow gaining control of Donetsk and potentially additional Ukrainian territory."