Brian L. Frye
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brianlfrye.bsky.social
Brian L. Frye
@brianlfrye.bsky.social

Dogecoin Professor of Law & Grifting. Securities artist & conceptual lawyer. Legal scholarship's #1 plagiarism apologist. Maybell Romero’s +1. https://linktr.ee/brianlfrye

Brian Lawrence Frye is an American independent filmmaker, artist, and law professor. His work includes Our Nixon, for which he served as a producer with his ex-wife, Penny Lane. His film Oona's Veil is included in the permanent collection of the Whitney Museum of Art, and his writings on film and art have appeared in The New Republic, Film Comment, Cineaste, Millennium Film Journal, and The Village Voice. Filmmaker Magazine listed him as one of the 25 New Faces of Independent Film 2012. He currently is the Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law, where he teaches courses on civil procedure, intellectual property, copyright, and nonprofit organizations. Frye is currently a visiting professor at Tulane University Law School where his spouse, Maybell Romero, is the McGlinchey Stafford Associate Professor of Law. He is a vocal critic of the bar exams and refers to his course on professional responsibility as "Managing the Legal Cartel". .. more

Law 31%
Business 20%

Reposted by Brian L. Frye

This is a really comprehensive profile of the current fortunes and fascinating life of Laura X, whom I wrote about in WITHOUT CONSENT:
Laura X got spousal rape banned in California. At 85, she scrapes by in a Berkeley hotel room
She got spousal rape banned in California. Now 85, her fortune went to building a million-page women’s history archive — and to a Ponzi scheme.
www.berkeleyside.org

Nice! Thanks.

lol I forget but they’re all from the @archive.org 78 collection. I do remember that being an especially good one. I’ll see if I can find it.

Over the weekend, I posted a new article in the form of an amicus brief, reflecting on AI, authorship & creativity.

Reposted by Brian L. Frye

Every time I submit a paper to @ssrn.bsky.social, I check their FAQs to see if this is still there. It makes me smile every time.

Yet another fantastic new paper by Maybell, this time on gossip as a form of extralegal regulation.

Reposted by Brian L. Frye

Well, you saw the abstract. Here's the last paragraph. Here goes nothing.

I don't think there's a viable argument that copyright is unconstitutional, because it's explicitly authorized by the Constitution. But you could certainly argue that the statutory scope of copyright protection is unconstitutionally broad.

In honor of the DoJ submitting its brief opposing cert in Thaler v. Perlmutter, I just posted to SSRN an essay titled "Amicus Brief Superficially in Support of Thaler’s Petition for Certiorari (Which I Guess I’m Not Going to File Now)." papers.ssrn.com/sol3/papers....
<div> Amicus Brief Superficially in Support of Thaler’s Petition for Certiorari <span>(Which I Guess I’m Not Going to File Now)</span> </div>
This is an essay styled as an amicus brief in support of Dr. Richard L. Thaler’s petition for certiorari in Thaler v. Perlmutter. Thaler used a generative AI mo
papers.ssrn.com

Reposted by Brian L. Frye

I had a wonderful time speaking with @sawilliams.bsky.social about weird and eerie law, and unconventional legal scholarship!

For examples of Sam's work, see: The Law is Weirder than AI scholarlycommons.law.hofstra.edu/hlr/vol53/is... and The Jokerfication of Law papers.ssrn.com/sol3/papers....

I just posted Ipse Dixit #827, featuring Sam Williams of @uidaho.bsky.social discussing his scholarship on the weird & eerie aspects of the law with @msmith750.bsky.social of @uofoklahomalaw.bsky.social. shows.acast.com/ipse-dixit/e...
Sam Williams on the Jokerfication of Law | Ipse Dixit
shows.acast.com

I just posted Ipse Dixit podcast #826, featuring Chris Brooks of @eaststroudsburgu.bsky.social on appellate judicial selection. shows.acast.com/ipse-dixit/e...
Christopher Brooks on Appellate Judicial Section | Ipse Dixit
shows.acast.com

I installed a “new” stove & got everything working.

I just accepted an offer to publish my essay “Aspirational Attribution: A Response to Lemley & Ouellette, Plagiarism, Copyright, and AI” in the University of Chicago Law Review Online. papers.ssrn.com/sol3/papers....
Aspirational Attribution: A Response to Lemley & Ouellette, <i>Plagiarism, Copyright, and AI</i>
This essay is a short response to Mark A. Lemley and Lisa Larrimore Ouellette's article "Plagiarism, Copyright, and AI" (forthcoming University of Chi
papers.ssrn.com

I agree that there shouldn’t be a compulsory license to sell copies of a sound recording. But that’s not what’s happening here. They’re creating derivative works that the copyright owners disapprove because of their message. The 1a tension is pretty obvious imo.

We already have forced licensing for musical works. That’s why we have cover versions of songs. I agree that the 1a for forced licensing of the reproduction right is weak. But the 1a case for forced licensing of the derivative works right is strong. The reason owners object is the expression not $$.

The purpose of copyright isn’t to force people to shut up. The copyright owners should get a licensing fee & nothing more. The first amendment is for assholes, or it’s for no one.

Reposted by Brian L. Frye

An abstract

Thanks for dating it for me! I figured 60s, so it's older than I thought.

Free New Year's gift to customers from Hong Kong Market!

I just posted the published version of my essay "Hipster Antiplagiarism." Only five years after I posted the final draft to SSRN! papers.ssrn.com/sol3/papers....
Hipster Antiplagiarism
This essay observes that plagiarism norms might be an antitrust problem, and asks what the Chicago School and New Brandeis School theories of antitrust ought to
papers.ssrn.com

LOL. I thought of the same thing, especially because we live in New Orleans.

New (to me) guitar. Nothing a little glue & new strings can’t fix.

Reposted by Brian L. Frye

OMG, @brianlfrye.bsky.social’s biggest Hanukkah gift to me is finally here!!!

Nice. Enjoy!

I think there’s a big seen/unseen problem. And we tend to pretend it doesn’t exist. Cases aren’t representative. Or even worse, they represent anomalies.

An observation: Surveying judicial opinions may tell us interesting things about judges & what they think, but rarely if ever tells us anything interesting about litigants or the markets in which they participate.

Word. Ideally, systems are dismantled by people who want to make them more equitable & efficient. Unfortunately, that seems to happen by accident, if at all.
I sort of wonder whether this is true, that systems are usually dismantled by those who are losing under them. I rather think that they’re typically dismantled by second sons—those who are winning, by all objective measures, but who *perceive* that they are losing. Sound familiar?
The “rules-based international order” Trump is so rapidly dismantling made America both the richest and the indisputably most powerful nation on earth.

Usually systems are dismantled by those losing out under them, not by the winners.

Reposted by Brian L. Frye

I sort of wonder whether this is true, that systems are usually dismantled by those who are losing under them. I rather think that they’re typically dismantled by second sons—those who are winning, by all objective measures, but who *perceive* that they are losing. Sound familiar?
The “rules-based international order” Trump is so rapidly dismantling made America both the richest and the indisputably most powerful nation on earth.

Usually systems are dismantled by those losing out under them, not by the winners.
We’re withdrawing from the International Law Commission??? This whole list is absolutely insane.

www.whitehouse.gov/presidential...