Curriculum vitae

 
  • University of Michigan Law School — Ann Arbor, Michigan
    Thomas W. Lacchia Professor of Law — 2022 to present

    Case 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 2015

    University of Notre Dame Law School — Notre Dame, Indiana
    Visiting Associate Professor — 2012

    Wayne State University Law School — Detroit, Michigan
    Assistant Professor — 2009 to 2012

    UC Berkeley School of Law — Berkeley, California
    Microsoft Research Fellow — 2008 to 2009

    UC Berkeley School of Information — Berkeley, California
    Lecturer — 2007 to 2008

  • UC Berkeley School of Law — JD
    Berkeley Technology Law Journal
    California Law Review

    Kenyon College — AB in Philosophy

  • The Licensed Library: 
Lending in the Era of Digital Books
    (with Jason Schultz)

    Ending Intellectual Property

    Campaigns, Copyright & Tarnishment
    (with Jake Linford)

    Mandating Repair Scores
    Berkeley Technology Law Journal

  • The Right to Repair: Reclaiming the Things We Own
    Cambridge University Press 2022

    Creativity 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.)


  • 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)

    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)

    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)

  • 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)

    In Defense of Intellectual Property Anxiety
    94 Minnesota Law Review Headnotes 85 (2010)

    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)

  • Testimony of IP Professors on Right to Repair Bills
    S
    ubmitted to California, Colorado, Delaware, Florida, Maryland, Nevada, New York, Oregon, and Washington legislatures (2021)

    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)


  • The Emergent Right to Repair
    UC Berkeley School of Law, BCLT Annual Symposium 
April 22 & 29, 2022
    Conference co-organizer with Pam Samuelson

    Campaigns, Copyright & Tarnishment
    WIPIP, Saint Louis University, February 19, 2022
    
AALS, Bring The Noise: IP in Tumultuous Times, January 7, 2022

    INTA Symposium, January 14, 2022
    University of Pittsburgh, IP Colloquium, January 28, 2022

    Digital Ownership & the Future of Library Collections
    Internet Archive, Library Leaders Forum, October 13, 2021

    Briefing on Digital Ownership
    National Telecommunications & Information Administration, 
July 26, 2021

    The Right to Repair
    Niskanen Center, January 20, 2022

    Copyright Society of the USA, April 13, 2021

    Hearing on House Bill 21-1199
    Colorado General Assembly, March 25, 2021

    The End of Library Ownership?
    Library Futures, February 22, 2021

    Abandoning 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, 2019

    The Right to Repair, IP & Innovation
    IP & Innovation Conference, Suffolk University, October 29, 2019

    The Tethered Economy
    Arizona State University College of Law, Governance of Emerging Technologies, May 23, 2019 Yale Law School, (Im)Perfect Enforcement, April 6, 2019

    Trademark Confusion & Consumer Credulity
    USPTO, Roundtable on Empirical Methods in IP, April 13, 2019

    Fair Use & Controlled Digital Lending
    CWRU, Fair Use Week, February 13, 2019

    IP Exhaustion & Post-sale Restrictions
    AALS Annual Meeting, New Orleans, January 4, 2019

    Intellectual Property’s Economic Foundations
    BYU Copyright & Trademark Symposium, October 18, 2018

    Clown 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, 2017

    The Internet of Things You Don’t Own
    Law & Society, Toronto ON, June 9, 2018

    How Scientology & Porn Shaped the Internet
    RightsCon, Toronto ON, May 17, 2018

    Resale Markets for Digital Music
    New Music Ecosystem, University of Washington & KEXP, 
May 4, 2018

    The Limits of Copyright Office Expertise
    UC Berkeley School of Law, Administrative Law of IP, 
April 12, 2018

    The 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, 2015

    Works in Progress IP
    CWRU School of Law, February 16-17, 2018
    Conference organizer

    Global Patent Licensing Post-Lexmark
    Stanford Law School, Patents in Global Perspective
, October 20, 2017

    Digital Lending Workshop
    Internet Archive, San Francisco CA, May 24, 2017

    What 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, 2015

    Copyright Small Claims Roundtable

    UC Berkeley School of Law, BCLT, February 3, 2017

    The Psychology & Sociology of Creativity & IP
    Stanford Law School, September 9-10, 2016

    Deception Roundtable
    University of Notre Dame Law School, May 20, 2016

    Software-Enabled Consumer Products Study
    United State Copyright Office, May 18, 2016

    Workshop on Cybersecurity Research
    UC Berkeley School of Law, April 9-10, 2015

    International IP Exhaustion
    CWRU School of Law, The Digital Border, March 20, 2015

    Creativity Without Law
    CWRU School of Law, November 7, 2014

    Conference organizer, cosponsored by Harvard Berkman Center for Internet & Society

    Reconciling 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, 2013

    Recalibrating Copyright
    University of Houston IPIL National Conference, May 31, 2014

    U.S. Patent & Trademark Office Copyright Green Paper Roundtable
    Vanderbilt University Law School, May 21, 2014

    Legislating Digital Exhaustion
    UC Berkeley School of Law, The Next Great Copyright Act, 
April 3, 2014

    Tattoos & 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, 2012

    Altai @ 21 Roundtable
    UC Berkeley School of Law, BCLT, October 25, 2013

    Intellectual Property v. Personal Property
    Computers, Freedom & Privacy, Washington DC, June 25, 2013

    The Future of Copyright’s First Sale Doctrine
    Columbia University, American Assembly, May 17, 2013

    Generalizing IP Norms
    University of Notre Dame Law School, Knockoff Economy Roundtable, January 18, 2013

    Readers as Owners
    New York Law School, In re Books, October 26, 2012

    Is Copyright’s First Sale Doctrine Dying?
    American Bar Association, Section of IP Law, June 28, 2011

    Technological Transparency & Accountability
    UC Berkeley School of Law, Samuelson Clinic Tenth Anniversary,
April 1, 2011

    Digital Exhaustion
    
UC Berkeley School of Law, IP Scholars Conference, 
August 12, 2010

    Unbranding, Confusion & Deception
    University of Michigan Law School, IP Workshop, March 24, 2010

    Fixing Ram Copies
    
Cardozo Law School, IP Scholars Conference, August 6, 2009

    Rethinking Anticircumvention's Interoperability Policy
    Microsoft Corporation, December 16, 2008

    Stanford Law School, IP Scholars Conference, August 7, 2008

    Exemption Proposal Testimony
    US Copyright Office, Anticircumvention Rulemaking, 
March 31, 2006


  • Copyright
    IP & Social Norms
    IP Survey
    Internet Law
    Property
    Telecommunications
    Trademark & Unfair Competition


  • Fenwick & West LLP — San Francisco CA
    Litigation Associate — 2006 to 2008

    Electronic Frontier Foundation — San Francisco CA
    Legal Intern — 2006

    Samuelson Law, Technology & Public Policy Clinic — Berkeley CA
    Student Attorney — 2004 to 2006