In today's digital age, copyright law is changing. It now attempts to regulate machines. Over the past twenty years, and particularly with the advent of the Internet, copyright holders have increasingly invoked copyright law to regulate directly - indeed, even to prohibit - the manufacture and...

New technologies have started a revolution in the music marketplace. As new business models emerge, major firms in the popular music industry have mounted a campaign on the premise that the world of popular music faces a grave threat from illicit filing sharing. This article makes the case...

This article is the fourth in a series by this author seeking to explore the impact of the technological revolution in the music industry. The first three built the case for three propositions concerning costs, copyright, and DRM, while this article explores the question of what economic...

These comments address several questions raised by the June 9, 2022 Letter of Senators Patrick Leahy and Thom Tillis, which prompted the Non-Fungible Token Study being conducted by the United States Copyright Office and the United States Patent and Trademark Office (USPTO) (collectively, the...

As the burgeoning fantasy sports industry continues to grow at an exponential rate, so too do the regulatory efforts of federal and state governments. While some jurisdictions have welcomed fantasy sports contests with open arms, others have implemented regulations aimed at restricting the...

This Article is the first to elaborate a theory of decentralized intellectual property (De-IP) to explain the phenomenon of NFTs. This theory of De-IP provides a compelling new understanding of NFTs. Like the current movement to adopt decentralized finance (De-Fi), De-IP utilizes blockchain...

A legal dispute is brewing between Larva Labs, the creator of the CryptoPunks NFTs, and a group of owners of the so-called V1 CryptoPunks or V1 Punks, who received the NFTs in 2017 when Larva first launched them. However, the V1 Punks had a big error in the code for the smart contract. To fix...

The CryptoPunks NFT collection, produced by Larva Labs, is the highest-grossing NFT collection to date. Sales have surpassed $1.6 billion. That figure is all the more astounding given that Larva Labs gave away all 10,000 CryptoPunks NFTs for free in 2017. Christie’s has described the...

The Bored Ape Yacht Club (BAYC) NFTs stand out for their meteoric success. One underappreciated aspect of the business model adopted in the Bored Ape licenses is its use of decentralized collaboration or De-Collab. Buyers of Bored Ape NFTs are granted unlimited rights to commercialize the...

This Article is the first in legal scholarship to set forth the theory of decentralized collaboration and to demonstrate, by an empirical study of the Top 25 NFT projects, its application by startups that have employed a new, more innovative approach to creative production. Decentralized...