The Questionable Authority

@questauthority.bsky.social

Father, Army Husband (Ret.), lawyer. KUSK alum; public servant. Litigation disaster tour guide. Odd Fellow (and odd fellow). Proud member of the terminally online community since 1993. he/him

If you're wondering how Rep. Ed Case's day is going, I saw him out sign waving in the rain in Waipahu earlier. I did not see any volunteers out with him. I don't think he's gonna lose his primary, but I think Keohokalole is at least giving him a much-needed wake-up call.

This is an important point to keep in mind. While the contours vary and a lot of people have wrong ideas, the basic notion of fair use is not legal, but normalized. "Hey, listen to this couple of lines of the song, the lyrics are awful" is fair use.

The Questionable Authority@questauthority.bsky.social · 2d ago

The thing about most fair uses is that mostly you never need to litigate them, often because they're kinda recognized as areas that are outside what copyright is there to do.

@greatdismal.bsky.social's Neuromancer was a hugely formative book for me as a youth. I'm cautiously optimistic about Apple's adaptation, but wanted to investigate more how Gibson's point about narrative constitution of identity dovetails with philosophy. www.hipcrimevocab.net/cases-two-bo...

Case's Two Bodies: Cyberspace, the Lived Body, and the Narrative Construction of Identity

Neuromancer is a fantastic treatise on narrative identity, and I hope Apple does it justice.

hipcrimevocab.net

A lot of things in law are one or both of these things: gatekeeping people who aren't part of the in group out, and hazing people to make ritual bullying a part of the culture. Both those things should end.

Great article, and also fuck this shit. Imagine thinking that "sure, one option to upending your life to take a test we could not administer is that you should just take the bar exam in February" is a remotely reasonable remedy.

Barred and Boujee aka Madiba Dennie@audrelawdamercy.blacksky.app · 6d ago

I wrote about the hotass mess that hundreds of recent law grads in Washington are going through for no good reason! ballsandstrikes.org/legal-cultur...

Come in as hot as you want. I think format shifting, especially by individuals, should be fair use. I think the "you own nothing, you license" approach to content ownership is dangerous bullshit that acts to restrict the dissemination of knowledge and transfers wealth from the poor to the rich.

Public Defender, picking up a new file: "I know that the threats statute looks scary, but the First Amendment is an important check. It has to be a true threat." Defendant: "I said 'This is a direct threat.' " Public Defender: "Ah, well, let's see what they're offering on a plea."

James Brooks Cascade@alaska.bsky.social · last wk.

If you threaten to kill someone and dare the Department of Justice to do something about it, you're going to have a bad time. cc @courtwatch.bsky.social

Screenshot of a federal indictment stating in part:

On or about December 19, 2024, within the District of Alaska, the defendant,
PAUL MCKAY EASTER, knowingly did transmit in interstate and foreign commerce a
communication, and the communication contained a threat to kidnap and injure
VICTIM 1, specifically by stating “It is time to take action. [VICTIM 1] will die. This is a
direct threat. Come do something about it DoJ.”

If you worked with immigrants who were deported, and believe this was a result of the IRS/DHS information sharing, and willing to speak with me (and you're not bound by rules that prevent you from doing so), please DM me.

The problem isn't that AI is breaking law school exams. The problem is that law school exams were already broken. In part, this is because law school exams are usually practice runs for the kind of questions you get on the bar exam, which, in turn, does roughly fuckall to measure legal competence.

Jess Miers 🦝🦞@jmiers230.bsky.social · last wk.

Law professors are significantly overestimating the capability of generative AI which is leading to some incredibly strange discourse. The take that we need to upend open book / take home exams because students are paying for fancy models is wrong. 🧵

The substack article is interesting, and the underlying article looks likely to be as well. Gut reaction: strikes me as reasonable to think that courts would be OK with this approach as a guide to the meaning of clauses, but the state of the tech alone suggests that you'd be a fool to agree to one.

Dave Hoffman@hoffprof.bsky.social · last wk.

Lawyers might soon adopt a new contractual technology: choice of model clauses committing to particular LLM models as interpretative guides. Would these terms be enforceable? And what problems might they pose for courts and policymakers? Today's post: profhoffman.substack.com/p/are-choice...