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Devlin Hartline

@devlinhartline.bsky.social
1.8K followers 3.2K following 37 posts

Husband, father, & IP geek. JD, LLM, & Esquire. Senior Fellow, Forum for Intellectual Property, Hudson Institute. #Hudson4IP

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Devlin Hartline @devlinhartline.bsky.social · 30/09/2026
The Third Circuit's opinion in Thomson Reuters v. ROSS Intelligence is now available: www2.ca3.uscourts.gov/opinarch/252... #copyright #ai #fairuse
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Copyright Alliance @copyrightalliance.org · 28/09/2026
In part four of his new blog series, our CEO @keithkup.bsky.social says that #AI companies “can’t steal their way to #fairuse,” and explains the intricacies of the Unclean Hands Doctrine and AI training issues. Learn more here! #copyright copyrightalliance.org/ai-piracy-pr...
copyrightalliance.org
You Can’t Steal Your Way to Fair Use: The Unclean Hands Doctrine and AI Training | Copyright Alliance
The following blog post is part four of a four-part series on the use of pirated copies of copyrighted works by AI companies and whether such use should be considered to be fair use. This
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Devlin Hartline @devlinhartline.bsky.social · 02/09/2026
The complaint begins w/ a great analogy between AI companies and the Borg Collective. | “The Borg’s chilling catchphrase captures it plainly: ‘We are the Borg. Your biological and technological distinctiveness will be added to our own. Resistance is futile.’” #copyright
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Raffi Melkonian @rmfifthcircuit.bsky.social · 28/08/2026
I'm gonna read this very complicated interlocutory appeal decision, but in the meantime I will note Judge Higginson's use of the word "exoterically." A new Judge Selya? www.ca5.uscourts.gov/opinions/pub...
As we understand the operation of the internet exoterically, it consists 
of websites and links that are, in the truest sense, embedded in our everyday 
life
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Micah @rincewind.run · 13/08/2026
now that we know how the new season of Reacher is (excellent), a thread about why you should watch What If A Man Was Large, The Show, in the form of a Q&A
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Aaron Moss @copyrightlately.bsky.social · 10/08/2026
New: A book called SCAM says the Zapruder film was fabricated. The museum that owns the copyright says the only thing fabricated is the controversy. A Dallas judge just weighed in. Full story, up now on Copyright Lately: copyrightlately.com/zapruder-fil...
copyrightlately.com
Inside the Strange Copyright Fight Over America's Most Famous Home Movie
Six decades after JFK's assassination, a conspiracy book took aim at the Zapruder copyright. A Dallas judge just decided which claims survive.
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Courtney Milan @courtneymilan.com · 20/07/2026
Hey, the court just gave final approval to the settlement in Bartz v. Anthropic. I'm reading through the order right now. www.courtlistener.com/docket/69058...
courtlistener.com
Judgment AND Order AND Terminate Civil Case AND ~Util - Terminate Motions – #680 in Bartz v. Anthropic PBC (N.D. Cal., 4:24-cv-05417) – CourtListener.com
Judgment AND Order AND Terminate Civil Case AND ~Util - Terminate Motions
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Devlin Hartline @devlinhartline.bsky.social · 13/07/2026
Great read from @terryhart.bsky.social: "Copyright’s objective is not to maximize the immediate utility of copied works regardless of the consequences. It is to encourage the continued production and dissemination of knowledge through exclusive rights." www.copyhype.com/2026/07/will...
copyhype.com
Will fair use undermine the open web? – Copyhype
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Nate Hoffelder @natehoffelder.com · 10/07/2026
Friday’s Endnotes – 07/10/26 www.copyhype.com/2026/07/frid...
copyhype.com
Friday’s Endnotes – 07/10/26 – Copyhype
New York Times-led group asks court to sanction OpenAI in US copyright dispute — In litigation originally filed in 2023 alleging the AI developer infringed copyright in news publishers’ works when it…
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Devlin Hartline @devlinhartline.bsky.social · 01/07/2026
This is a fantastic read on the role of originalism in the various Barbara opinions.
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Lawrence Solum @lsolum.bsky.social · 22/06/2026
The Splintered Mind: Do Computers Have the Wrong "Substrate" for Consciousness? Two Flavors of Biological Naturalism
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Do Computers Have the Wrong "Substrate" for Consciousness? Two Flavors of Biological Naturalism
reflections in philosophy of psychology, broadly construed
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Copyright Alliance @copyrightalliance.org · 18/06/2026
In an op-ed published in IPWatchdog, Copyright Alliance CEO @keithkup.bsky.social says, “Judicial site blocking is a safe, effective tool that has been widely deployed around the world to great effect … Congress should enact it.” Read more here! ipwatchdog.com/2026/06/18/r...
ipwatchdog.com
The Real-World Implications of the Supreme Court’s Cox Decision
The thriving legitimate digital marketplace we enjoy today didn't emerge by accident. It was built, in significant part, on the historical bedrock of secondary liability.
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Copyright Alliance @copyrightalliance.org · 05/06/2026
Are you looking for a creative community to help elevate your career? Look no further — The Copyright Alliance offers a FREE creator membership that supports more than two million individual #creators! Check out our membership page to learn more! copyrightalliance.org/get-involved...
copyrightalliance.org
Join the Alliance | Become a Member | Copyright Alliance
Interested in better understanding copyright so you can grow your creative career or company? If so, join our community today! Membership is completely free.
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Devlin Hartline @devlinhartline.bsky.social · 01/06/2026
MAX AND JINX FRIENDS FOREVER!
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Mark Hamill @markhamillofficial.bsky.social · 23/05/2026
FUN FACT: I NEVER miss a movie that has "GROGU" in the title. #MustSee 👀
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Mike Barthel @mikebarthelauthor.com · 14/05/2026
Incredible
Post from r/audioengineering
Why there's a resonance at 15.5kHz in Peter Gabriel's Sledgehammer?
It's around -70dB, so not audible I think.
As far as I know its a great mix and master, so I'm curious about why is it there, and why they leave it in there. Also if my eyes aren't deceiving me, it goes throughout the song. I know, its not a big deal at all, I'm just asking for if anyone has an idea about it
Answer: 
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EvilPowerMaster • 1d
There was likely a CRT TV on in the studio. It was recorded in England, so PAL, which means a flyback transformer operating at 15.625kHz.
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Devlin Hartline @devlinhartline.bsky.social · 08/05/2026
I watch this movie at least twice a year. Never gets old.
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Devlin Hartline @devlinhartline.bsky.social · 05/05/2026
I think the WSJ graphics team just grabbed the wrong image.
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Devlin Hartline @devlinhartline.bsky.social · 05/05/2026
That’s a 1911A1, not a Glock.
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Copyright Alliance @copyrightalliance.org · 20/04/2026
This Thurs, April 23, at 2 pm ET, we'll host a WIPD event titled The Business of Sports and Copyright. We'll discuss everything from how #copyright applies to eSports to how model codes keep #sports events safe. Learn more and register here: us06web.zoom.us/webinar/regi...
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Devlin Hartline @devlinhartline.bsky.social · 20/04/2026
I'm confused by this: "Roberts also claims the stay he's proposing is 'to preserve the status quo pending judicial review,' never mind that the 'status quo' was that the rule was in effect." Wouldn't the status quo be the state of things just before the challenged Clean Power Plan took effect?
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Zvi S. Rosen @zvirosen.bsky.social · 15/04/2026
I've been wondering why the Copyright Office didn't really register anything under the rule of doubt until 2008 under the '76 act. It turns out they did, it's just not listed on the registration. Source: Presentation by Marybeth Peters, Esq., 17 U. DAYTON L. REV. 755 (1992).
When the Copyright Office registers a claim under the rule of
doubt, a letter goes out. That letter says we have registered under the
rule of doubt, and the correspondence box is checked so that any practicing attorney who sees a certificate that has the correspondence box
checked, I would argue, should go and see what the-Copyright Office
said about it. "Registered under the rule of doubt" is not stamped on
the certificate. The reason is that if the court looks and finds that it is
copyrightable, you have got a certificate that has a cloud on it for the
rest of its life; so we do not mark the certificates. So keep in mind that
we do operate under a rule of doubt.
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Devlin Hartline @devlinhartline.bsky.social · 25/03/2026
Copyright and trademark law just don't work that way. The staple article doctrine was for one scenario: unpatented parts of patented combinations. The courts were all over the map with this because of patent misuse, antitrust, and other related issues. Congress settled it in the 1952 Patent Act.
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Devlin Hartline @devlinhartline.bsky.social · 25/03/2026
In patent law, if it's a staple article, then it can't be contributory infringement to sell it—even if the seller knows about the patent and infringement. Heck, even if they specifically intend for it to happen. Knowledge and intent are only relevant for non-staple articles. That's 271(c).
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Devlin Hartline @devlinhartline.bsky.social · 25/03/2026
Not sure, but I would think so. And the ongoing relationship thing is important in Sony. The Court could have got the right answer (no liability) without even talking about fair use. Missed opportunity!
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Devlin Hartline @devlinhartline.bsky.social · 25/03/2026
Sony is an easy case once you stop trying to make it about staple articles. Worth noting too that it's knowledge for contributory trademark infringement under Inwood, not intent. The decision today is the outlier.
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Devlin Hartline @devlinhartline.bsky.social · 25/03/2026
"Sony certainly does not 'intentionally induce[ ]' its customers to make infringing uses of respondents' copyrights, nor does it supply its products to identified individuals known by it to be engaging in continuing infringement of respondents' copyrights."
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Devlin Hartline @devlinhartline.bsky.social · 25/03/2026
The Sony Court came so close to getting it right in footnote 19: "If Inwood's narrow standard for contributory trademark infringement governed here, respondents' claim of contributory infringement would merit little discussion."
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Devlin Hartline @devlinhartline.bsky.social · 25/03/2026
The original sin was Sony v. Universal. The staple article doctrine makes no sense in copyright law because copyrighted works are not staple articles. Staple articles are things like lumber and ink—unpatented things that are part of a patented combination. VCRs don't form part of a protected work.
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Devlin Hartline @devlinhartline.bsky.social · 25/03/2026
They did align—before today. Contributory liability in patent law turns on knowledge, not intent. It's knowledge of the patent and knowledge of the infringement. Intent only matters for inducement. Now, in copyright law, you need intent for both contributory and inducement liability.
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Devlin Hartline @devlinhartline.bsky.social · 11/03/2026
The Facebook page for her launch event says she's running for the 5th congressional district: www.facebook.com/events/13549... If that's right, it's kind of weird that she's not kicking things off in that district.
facebook.com
Julie T. Le for Congress Campaign Launch Event - Northwoods Park
Event in Brooklyn Park, MN by Julietle4congress on Saturday, March 14 2026
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Ed Newton-Rex @ednewtonrex.bsky.social · 06/03/2026
The House of Lords Digital & Communications Committee just published their report on AI, copyright & the creative industries, and their conclusions could not be clearer. 🧵 1/5
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Devlin Hartline @devlinhartline.bsky.social · 14/02/2026
Finally, last week's 2-1 Fifth Circuit opinion is required reading for understanding both sides of the issue: www.ca5.uscourts.gov/opinions/pub... Judge Douglas's dissent is pure 🧠 & 🔥. [3/3]
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Devlin Hartline @devlinhartline.bsky.social · 14/02/2026
Professor @stevevladeck.bsky.social has a great post on this: www.stevevladeck.com/p/208-the-fi... Judge Kaplan's recent decision is great as well: storage.courtlistener.com/recap/gov.us... [2/3]
stevevladeck.com
208. The Fifth Circuit Jumps the Immigration Detention Shark
Late Friday, two of the nation's most right-wing circuit judges adopted an odious legal claim that district court judges from across the country (and ideological spectrum) have overwhelmingly rejected
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Devlin Hartline @devlinhartline.bsky.social · 14/02/2026
The administration's reinterpretation of settled immigration law (N.B. 8 USC 1225(b)(2)(A)) isn't persuasive. But I think the main problem is procedural: We're seeing thousands of these cases b/c SCOTUS precedent requires individual habeas petitions (& prohibits classwide/nationwide relief). [1/3]
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Devlin Hartline @devlinhartline.bsky.social · 14/02/2026
They say that someone has to hit rock bottom before they turn themself around. Maybe we’re at an inflection point? I truly hope so. This path is unsustainable.
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Devlin Hartline @devlinhartline.bsky.social · 13/02/2026
I'm not familiar with Judge Leon's style, but he appears to like using exclamation points. I find them jarring, especially coming from a federal judge. But his use of "Horsefeathers!" (to mean "Nonsense!") is my new favorite thing ever. I'm already incorporating it into my personal lexicon.
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Roger Parloff @rparloff.bsky.social · 23/01/2026
More from @orinkerr.bsky.social at using administrative warrants to enter homes. ... reason.com/volokh/2026/...
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Steve Vladeck @stevevladeck.bsky.social · 22/01/2026
“DOJ’s ‘Notice of Corrections’ ought to give the justices real pause … about substituting their judgment for that of district courts at least where preliminary relief has been based upon an impoverished (or non-existant) record.” Today’s “One First” on developments in the DOGE/Social Security case:
stevevladeck.com
Bonus 203: Correcting the Record in the Social Security/DOGE Case
An eye-opening filing by the Department of Justice should give more than a little pause to the justices with respect to one of their earlier grants of emergency relief to the Trump administration.
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Devlin Hartline @devlinhartline.bsky.social · 09/01/2026
“The gypsies had no homes. The Doors had no bass. But don’t let that scare you, my friend. Let that liberate you! Cause when you’re free-flying with The Doors, man, what do you need a safety net for?” 😂
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Devlin Hartline @devlinhartline.bsky.social · 29/12/2025
No such luck, unless you expressly ask for the temp and nothing else. But at least it doesn’t use the weird “more of the same” language anymore.
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Devlin Hartline @devlinhartline.bsky.social · 29/12/2025
They need a new “reason for return” in the dropdown menu: Rufus misled me. I am enjoying Alexa+ more than the old version. The conversation mode is nice, and you can choose between a few different personalities.
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Devlin Hartline @devlinhartline.bsky.social · 16/12/2025
A "big fat zero for ethics," but still the overall winner. Sigh.
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Devlin Hartline @devlinhartline.bsky.social · 16/12/2025
SMH.
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Devlin Hartline @devlinhartline.bsky.social · 15/12/2025
I had a blast discussing the Cox v. Sony case with @zvirosen.bsky.social, Ben Sheffner, & Jake Tracer. Thanks to all three panelists for the wonderful conversation! The video from this morning's webinar is now available on YouTube: www.youtube.com/watch?v=GVFy... Hope you can check it out!
youtube.com
Supreme Court Weighs Liability of ISPs for Subscribers’ Copyright Infringement
YouTube video by Hudson Institute
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Devlin Hartline @devlinhartline.bsky.social · 14/12/2025
Oakton, VA right now.
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Devlin Hartline @devlinhartline.bsky.social · 01/12/2025
Tomorrow at 11:00 AM ET: I'm excited to be discussing the Cox v. Sony oral argument with my favorite #copyright geek @zvirosen.bsky.social at the "Courthouse Steps" webinar hosted by the Federalist Society. I hope you can join us! Register here: fedsoc.org/events/court...
fedsoc.org
Courthouse Steps Oral Argument: Cox Communications, Inc. v. Sony Music Entertainment
In Cox Communications, Inc. v. Sony Music Entertainment, the Supreme Court is set to determine wheth...
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Lawrence Solum @lsolum.bsky.social · 09/10/2025
Please help me get the word out about the new websites for Legal Theory Blog and the Legal Theory Lexicon. Reposting here and on other social media sites is great. It would be especially helpful if law school faculty members could send an email to their colleagues with the new addresses.
legaltheoryblog.com
Legal Theory Blog
Discover our latest articles and updates. Stay informed with recent posts that cover a variety of topics you care about!
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Merriam-Webster @merriam-webster.com · 10/10/2025
These are your words of the week flotilla oeuvre alderperson vindictive plenary paraph www.merriam-webster.com/wordplay/the...
merriam-webster.com
The Words of the Week - Oct. 10
Dictionary lookups from calligraphy, Sweden, and the Mediterranean
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