James Grimmelmann

I’m a law professor at Cornell Law School and Cornell Tech.

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nprofile1qqsdum4lh5r5gmvyqu8yzeu90zy4jja5779evuxtsq86uhjvtssw6espz4mhxue69uhhyetvv9ujumt0wd68ytnsw43q6lvgj0

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npub1mehtl0g8g3kcgpcwg9nc27yft99mfautjecvhqq04e0ychpqa4nqd56hg8

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Last Notes

2024-09-12 18:23:33

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@npub1ulm…hweg Joinder and the Schedule A Defendants would be a good band name.

2024-09-10 13:28:45

Nice op-ed by Cornell sophomore Ayman Abou-Alfa calling for student representation on Cornell's IRB.
https://cornellsun.com/2024/09/09/abou-alfa-why-students-should-have-a-role-in-dictating-cornells-research-policies/

2024-09-06 13:12:34

Looking forward to the launch of the Cornell Tech branch of Cornell Law School's Entrepreneurial Law Clinic. It will be led by my longtime colleague Celia Bigoness and my new colleague David Reiss.
https://cornellsun.com/2024/09/05/cornell-law-set-to-launch-first-nyc-based-law-clinic/

2024-09-05 12:58:34

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@npub19g8…tuuk The poor neglected 3rd Amendment.

2024-09-04 14:39:56

Not-so-new scholarship alert!
Mutual Benefit: The Case for Sharing Autonomous Vehicle Data with the Public
https://arxiv.org/abs/2409.01342
David Goedicke (PhD in Information Science, Cornell Tech 2023) led a project on why data generated by testing AVs on public roads should be publicly shared. I contributed, as did my LLM student Natalie Chyi.
The piece never placed, so we’ve put it up on ArXiv as a way of keeping the ideas in circulation.

2024-09-04 14:25:17

No, autocomplete, I don't want to "pique your intestines”

2024-09-04 01:14:53

I shed a tear every time a math term I love becomes the name of an AI company or a hedge fund.

2024-08-30 15:56:30

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The workshop, the report, and the work to produce it were supported by a grant from Microsoft. The authors and editors were solely responsible for the report's contents, and all errors are our own.

2024-08-30 15:54:41

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Finally, we have a 37-page annotated bibliography of recommended additional readings on the issues the report discusses. (Big thanks to the Cornell Tech students in my spring 2022 reading group who helped with the literature review!)

2024-08-30 15:54:23

Chapter 11: Business Models, Privacy Practices, and the Healthiness of Crowds (Paul Ohm)
Ohm discusses the value to platforms of bulk data about crowds, and the incentives that data collection gives to platforms in their engagement with user crowds. He argues that focusing on community-level advertising rather than individually-targeted advertising (e.g. to a subreddit rather than to a user) can promote healthier communities with greater trust.
https://files.mastodon.lawprofs.org/media_attachments/files/113/051/778/531/260/191/original/8841b35f1bfa1f46.png

2024-08-30 15:53:25

Chapter 10: Network Economics and Crowds (Nikolas Guggenberger)
Guggenberger brings an economic lens to the issue of crowds on platforms, discussing how the fact that value derives from collective crowd behavior should affect the analysis of market power and the effectiveness of various remedies, such as breakups and data portability.
https://files.mastodon.lawprofs.org/media_attachments/files/113/051/774/803/240/542/original/2ed982858bbdcfd9.png

2024-08-30 14:02:31

I am very happy to announce the release of a new report:
The Barons and the Mob: Essays on Centralized Platforms and Decentralized Crowds (Charles Duan and James Grimmelmann, eds. 2024)
https://tech.cornell.edu/the-barons-and-the-mob/
https://files.mastodon.lawprofs.org/media_attachments/files/113/051/340/030/412/954/original/ac41cd49f5c178d0.jpeg

2024-08-29 03:42:42

New from me in the Communications of the ACM: "Public Business and Private Accounts,” a short analysis of the Supreme Court's decision this spring in Lindke v. Freed on when government officials can block critics on social media.
https://cacm.acm.org/opinion/public-business-and-private-accounts/

2024-08-18 17:25:51

Masur and Ouellette's new paper on the categories of prior art is really illuminating. They propose thinking of internal commercial uses as sales, and making the on-sale bar specific to the party making the sale (while leaving the public-use bar as a bar against the world). If you make those changes, everything snaps into place.
https://review.law.stanford.edu/wp-content/uploads/sites/3/2024/04/Masur-Ouellette-76-Stan.-L.-Rev.-703.pdf

2024-08-16 00:44:52

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@npub1wky…6c6c If only he had someone close to him, a family member even, who was trained in the classics and who could point out the ways that men today misunderstand the Roman sources they look to.

2024-08-16 00:40:19

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@npub122z…csws Dude doesn’t know how big an H100 is, does he?

2024-08-14 12:41:23

Could a jury agree to “disagree?” I wonder whether there are cases in which the jury as a whole is ambivalent about the case and thinks that a mistral is about right, so they collude to deliver one. It could also happen tacitly: when a deadlock develops, no one on the jury is motivated to try all that hard to break it.

2024-08-13 12:49:36

Pokémon or early Christian bishop?
Irenaeus
Polycarp
Bisharp
Pertinax
Aggai
Pkidha

2024-08-11 18:35:26

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@npub1hrj…6p8k I have never had this problem with Apache and rsync.

2024-08-10 17:45:13

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@npub1y4n…25mf Which half has the ranking algorithm?

2024-08-08 22:27:07

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@npub1h2v…898u they're shipping the hobbits to Isengard

2024-08-06 14:20:42

I keep banging the drum about AI slop, but this story from Jason Koebler at 404 Media is especially good .It gives a good overview of the ecosystem: not just that this stuff is all over the place, but where it is coming from, who is making it, what tools they're using, how they're training and supporting each other, and what features of the Facebook ecosystem mean that it will continue ad nauseam.
https://www.404media.co/where-facebooks-ai-slop-comes-from/

2024-08-06 14:15:54

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Where Facebook's AI Slop Comes From
https://www.404media.co/where-facebooks-ai-slop-comes-from/
“But the videos make clear that Facebook’s AI spam problem is one that is powered and funded primarily by Facebook itself, and that most of the bizarre images we have seen over the last year are coming from Microsoft’s AI Image Creator, which is called “Bing Image Creator” in instructional videos.”
#greshamslaw20

2024-08-06 00:40:19

Sears Robux

2024-08-05 22:14:32

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@npub18sv…w89y lawless in origin, yes; my point is that it is also lawless in application

2024-08-05 21:42:40

Sixth Circuit non-administratively stays the FCC's network neutrality order, citing the major questions doctrine: https://www.theverge.com/2024/8/1/24211570/net-neutrality-sixth-circuit-stay-blocked-fcc
For me, this shows the essential lawlessness of the MQD. There are non-trivial arguments that broadband Internet services should be classified as an "information" service or as a "tecommunications” service—indeed, the FCC has had BOTH interpretations upheld by the courts. At least Judge Sutton’s concurrence actually reads the relevant terms of the statute.

2024-08-05 21:23:20

DDC: Google violated antitrust laws with exclusive default-placement deals for Google search.
https://www.nytimes.com/2024/08/05/technology/google-antitrust-ruling.html
The hard question is what the remedy will be, since the exclusive deals involved Google paying device makers $$$ for placement.

2024-08-05 13:58:50

New scholarship-adjacent thing alert!
In October, I gave the 38th annual Silha Lecture at the University of Minnesota. I have finally typed up a version of my remarks, along with the slides I used, so let’s call it an “illustrated essay.”
The Defamation Machine
https://james.grimmelmann.net/files/articles/the-defamation-machine.pdf
Illustration: “actual malice” as created by Midjourney.
https://files.mastodon.lawprofs.org/media_attachments/files/112/909/767/719/815/811/original/a2f8ed5228ace77b.jpeg

2024-07-31 15:49:52

New from me at Jotwell: a review of Sarah Lawsky's _Coding the Code: Catala and Computationally Accessible Tax Law_.
My review: https://3d.laboratorium.net/2024-07-31-when-law-is-code
Lawsky's article: https://scholar.smu.edu/cgi/viewcontent.cgi?article=4932&context=smulr

2024-07-31 02:52:35

This CPSC decision that Amazon must take responsibility for recalling dangerous products it sells through Fulfillment by Amazon:
(1) Is completely reasonable.
(2) Features some shocking arguments from Amazon to the contrary.
(3) Is a good example of the kind of everyday administrative law that is at risk from the current Supreme Court.
https://www.cpsc.gov/s3fs-public/pdfs/recall/lawsuits/abc/142%20-%20In%20the%20Matter%20of%20Amazon.com%20Inc.%20Decision%20and%20Order.pdf?

2024-07-31 02:49:06

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Zombie Alt-Weeklies Are Stuffed With AI Slop About OnlyFans
https://www.wired.com/story/zombie-alt-weeklies-are-stuffed-with-ai-slop-about-onlyfans/
“Former employees are disturbed to see their archival work comingling with SEO porn slop. “It’s wrenching in so many ways,” says former Riverfront Times writer Danny Wicentowski. “Like watching a loved home get devoured by vines, or left to rot.””
#greshamslaw20

2024-07-30 13:08:48

There is an interesting article to be written contrasting the universal embrace of commander's intent in western military theory with the current skepticism of legislative intent in statutory interpretation and administrative law.

2024-07-27 08:02:49

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The workshop livestream is at https://icml.cc/virtual/2024/workshop/29958

2024-07-27 07:30:58

I am liveblogging the GenLaw 2024 workshop at https://3d.laboratorium.net/2024-07-27-genlaw-2024

2024-07-20 21:13:07

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AI paid for by Ads – the gpt-4o mini inflection point
https://batchmon.com/blog/ai-cheaper-than-ads/
“It's now possible to build dynamic, AI generated content entirely supported by ads. …
Will the future of the internet be entirely dynamically generated AI blogs in response to user queries? I don't know. I hope not. But the internet has been on a downward trend for a while now.”
#greshamslaw20

2024-07-19 22:03:53

I am Hugo de Groot.
https://files.mastodon.lawprofs.org/media_attachments/files/112/815/415/610/106/049/original/d8fd2493a010d24c.jpeg

2024-07-18 23:26:35

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Based on this definition, we make seven points about the copyright implications of memorization:
First, not all learning is memorization: much of what generative-AI models do involves generalizing from large amounts of training data, not just memorizing individ- ual pieces of it.

2024-07-18 23:26:34

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Our paper is a careful look at what it means for a generative-AI model to “memorize” its training data. The New York Times, for example, has accued OpenAI’s GPT models of memorizing Times articles and reproducing them nearly word-for-word. We explain in detail what this kind of memorization consists of, and the implications it might have for copyright law.

2024-07-18 23:26:34

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We say that a model has “memorized” a piece of training data when:
(1) it is possible to reconstruct from the model
(2) a near-exact copy of
(3) a substantial portion of
(4) that specific piece of training data.
We think that this is the most useful definition for legal conversations, and we explain how it relates to other terms in common use, such as “learning,” “extraction,” and “regurgitation.”

2024-07-18 23:26:33

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This is an expanded version of a paper we delivered at the Chicago-Kent Law Review’s AI Disrupting Law symposium this spring. Ed Lee organized an outstanding event, and the paper has benefitted greatly from the perceptive comments we received from the other participants. We would have shared it sooner, but there were just too many good suggestions to incorporate.

2024-07-18 23:26:32

New scholarship alert!
The Files Are in the Computer: On Copyright, Memorization, and Generative AI (with A. Feder Cooper), Chicago-Kent Law Review (forthcoming)
https://james.grimmelmann.net/files/articles/the-files-are-in-the-computer.pdf

2024-07-17 21:47:51

There were times while I was playing Lorelei and the Laser Eyes that I thought it was a stylish but pretentious wrapper around puzzles that were only okay, but I kept with it and I'm glad I did. It absolutely sticks the landing. All of the different pieces hold together once you see what its creators were going for. It's not one for the ages, just a unique aesthetic experience that wouldn't have worked in any other medium.

2024-07-17 19:34:44

When I was on vacation and away from my usual media diet, one thing became quite clear to me.
It isn’t news or politics, as such, that makes me stressed and frustrated; it's the endless, recursive, emotionally all-out all-the-time Discourse about them.
I've spent the last few days adjusting what I read to focus on getting enough news to stay current, while steering clear of the endless takes, and it is hard to convey just how much better I feel as a result.
It is much, much better this way.

2024-07-17 13:00:09

Remember to put on your own oxygen mask before helping the polity around you.

2024-07-17 03:53:22

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Chum King Express
https://www.theverge.com/24195879/advon-commerce-ai-sports-illustrated-gannett-product-reviews-spam-seo
“But a former AdVon employee told The Verge that the content that AdVon says is created by humans is nearly identical to the AI-generated content they created while working there.”
#greshamslaw20

2024-07-17 01:20:43

Joking aside, I'm back now. There is work to be done.

2024-07-15 16:39:41

Hi! I’ve been away on vacation and off of social media the last few weeks, and um ... oh. You know what, I can tell this isn't the best time, I'll come back later.
https://files.mastodon.lawprofs.org/media_attachments/files/112/791/491/570/853/355/original/f5c0e52af4b8d84c.mp4

2024-06-27 23:44:28

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@npub1rv4…ft5j all subsequent instructions, too

2024-06-27 23:00:40

I'm part of a team of First Amendment Law Professors that filed an amicus brief supporting TikTok's lawsuit against the ban today.
We argue that the ban obviously targets TikTok because of the content and viewpoint of the speech it carries, and that it's not justified by any of the rationales that have been publicly floated for it, such as an analogy to broadcasting ownership rules or the ill-defined concept of "attention scarcity.”
https://james.grimmelmann.net/files/legal/tiktok-dc-cir-2024.pdf

2024-06-26 14:06:46

Murthy is out. The state and individual plaintiffs lack standing because they cannot trace the content moderation decisions they complain about to the government defendants. The decision is 6-3. Barrett has the majority opinion, Alito dissents for himself, Thomas, and Gorsuch.
https://www.supremecourt.gov/opinions/23pdf/23-411_3dq3.pdf

2024-06-25 14:47:01

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@npub1vhe…33f8 I know absolutely nothing about this, but I wonder if it is some kind of GDPR or other privacy-law compliance thing.

2024-06-25 14:06:10

Social media aporia: someone writes “I don’t understand how X” and their followers respond in the thread offering explanations of X.

2024-06-25 02:31:04

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@npub1sdt…96z3 It’s taken!

2024-06-25 02:23:18

If I ever start a hedge fund, it will be named Majuscule.

2024-06-24 16:58:39

The final published version of How Licenses Learn, with my student Madiha Zahrah Choksi, is now online at the Lewis and Clark Law Review.
https://law.lclark.edu/live/files/36244-282-2-choksi-grimmelmann

2024-06-24 16:23:53

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@npub1wml…37pd even if, as an adult, I cannot spell razzberry

2024-06-23 20:41:49

Today's take is brought to you by (Goffman 1959).

2024-06-21 23:21:32

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@npub1ulm…hweg (or playing) Lorelei and the Laser Eyes

2024-06-21 12:27:02

Harvard dean Lawrence Bobo’s op-ed that faculty should not incite external actors to intervene in Harvard’s affairs has incited an external actor (Princeton professor Keith Whittington) to intervene in Harvard’s affairs (by criticizing Bobo’s op-ed).
https://www.chronicle.com/article/a-harvard-deans-frontal-on-faculty-speech

2024-06-20 19:51:08

Ilya Sutskever is the last person anyone should want in charge of an AI company. The two main reasons to start one are to make a lot of money and to keep AI under control, and when the chips were down, he failed catastrophically at both. The only reason I can think of to throw in your lot with him is if you’re planning to pull a Sam Altman and seize control once the company takes off, since he’s already proven himself incompetent at boardroom warfare.

2024-06-19 19:08:47

The Council on Acadmic Freedom at Harvard responds to dean Lawrence Bobo’s op-ed by engaging in what is either legitimate criticism or sanctionable misconduct, depending on whether the op-ed stated official Harvard policy.
https://www.thecrimson.com/article/2024/6/19/CAFH-punish-faculty-speech/

2024-06-18 23:14:39

Crouton-on-Hudson

2024-06-18 17:04:22

Are the faculty statements publicly criticizing Harvard administrator Lawrence Bobo in this article the kind of statements that would subject them to discipline under his proposal to discipline faculty who criticize the administration publicly?
https://www.thecrimson.com/article/2024/6/18/harvard-faculty-slam-bobo/

2024-06-18 03:26:25

https://files.mastodon.lawprofs.org/media_attachments/files/112/635/489/875/682/810/original/c711e289751d85dc.mp4

2024-06-17 03:57:45

I'm not exactly sure what a “headdesk reject" should be, but I think it should be a thing.

2024-06-16 15:19:01

Making the well-taken and under-appreciated point that the proposed amendments will cause Delaware to lose control over its law” because contractual choice of law might not select Delaware law, and the FAA could take these cases away from the courts entirely.
https://esq.social/@annmlipton/112626795605047365

2024-06-15 14:12:08

Elon Musk can stay solvent longer than corporate law can stay rational.

2024-06-14 20:20:21

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@npub1vhe…33f8
https://files.mastodon.lawprofs.org/media_attachments/files/112/616/827/515/970/304/original/ce4371edb2778c21.jpeg

2024-06-14 18:18:07

Lawrence Bobo, Harvard's dean of social sciences, argues that faculty should be disciplined if they criticize the university in public, or if they encourage students to commit civil disobedience. For good measure, he says that students should only protest against outsiders, not against the university.
https://www.thecrimson.com/article/2024/6/15/bobo-faculty-speech-limits/

2024-06-13 03:20:55

New books inbound from Renee DiResta, John Ganz, and Robin Sloan. This should be a good summer.

2024-06-12 13:48:28

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Let me just say that the agreement attempts to deal with what happens if Shkreli sells the work, but doesn't really think through all the issues. Some of them are avoided here because Shkreli was the original purchaser, but others are going to raise serious problems for the plaintiffs.

2024-06-12 13:24:32

As part of its lawsuit against Martin Shkreli for retaining copies of _Once Upon a Time in Shaolin_ after it was sold to satisfy the forfeiture judgment against him, the current owner (PleasrDAO) filed with the court a copy of the original purchase agreement. Here it is:
https://james.grimmelmann.net/files/legal/once-upon-a-time-in-shaolin-purchase-agreement.pdf

2024-06-12 12:23:56

This is the worst case of normalization of deviance I’ve ever seen. It’s like Stockton Rush decided to use Diane Vaughan’s book on the Challenger as a how-to manual.
https://esq.social/@annmlipton/112603160097026166

2024-06-11 19:05:17

Concord Music Group v. X, from March, is the most persuasive attempt I've seen to reconcile volitional conduct with Aereo. It also has some holdings that might shift the law on contributory and vicarious infringement. This is one to watch as the case proceeds. Jury trial is set for September 2026, though, so it might be a while.
https://storage.courtlistener.com/recap/gov.uscourts.tnmd.94999/gov.uscourts.tnmd.94999.90.0_1.pdf

2024-06-10 15:06:48

I just gave a talk at the IC3 Blockchain Camp on "What Even Is Blockchain Property?” featuring a new-ish taxonomy of how the legal system could treat blockchains: as nullities, as possession, or as conclusive proof of ownership.
Slides: https://james.grimmelmann.net/talks/2024-06-10-what-even-is-blockchain-property.pdf

2024-06-10 04:28:48

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It Looked Like a Reliable News Site. It Was an A.I. Chop Shop.
https://www.nytimes.com/2024/06/06/technology/bnn-breaking-ai-generated-news.html
"A closer look, however, would have revealed that individual journalists at BNN published lengthy stories as often as multiple times a minute, writing in generic prose familiar to anyone who has tinkered with the A.I. chatbot ChatGPT."
#greshamslaw20

2024-06-10 03:28:21

The WSJ's three-part Joshua Wright story is even worse than what was already in the public record, which is really saying something.
https://www.wsj.com/us-news/education/joshua-wright-student-relationships-c6377572?mod=article_relatedinline
https://www.wsj.com/us-news/law/google-lawyer-secret-weapon-joshua-wright-c98d5a31?mod=article_relatedinline
https://www.wsj.com/us-news/law/joshua-wright-affair-revenge-breakup-0c75f916?mod=article_relatedinline

2024-06-10 00:23:03

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@npub13vv…0sze it’s up there with https://fairuse.stanford.edu/case/gaylord-v-united-states/

2024-06-09 01:52:39

Replace verdict forms with YTA/NTA/ESH/NAH/INFO.

2024-06-08 19:56:06

The Peter, Paul, and Mary Fortress

2024-06-08 19:55:45

A Little Priest-Klein

2024-06-06 04:39:09

Charging the animal rights protester who dumped glitter on Harvard interim president Alan Garber with felony assault and battery on an elderly person is gratuitously cruel to both of them.
https://www.thecrimson.com/article/2024/6/5/harvard-glitter-attack-charged-felonies/

2024-06-05 19:47:22

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@npub1d8z…zgls Sounds like a HIPPO violation.

2024-06-05 19:23:01

I know on some level that Governor Hochul’s plan to stop congestion pricing is simple cowardice, but as a regular public-transit commuter and occasional driver in Manhattan, I feel like it was deliberately engineered to make all aspects of my life worse.

2024-06-04 13:47:05

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@npub1wml…37pd Non-paywalled version https://news.yahoo.com/news/incredible-oblivion-judge-marvin-isgur-095202748.html

2024-06-03 19:25:38

The Cornell Free Speech Alliance email list went silent from about May 2023 until May 2024. When it returned, it was … different. It migrated from Mailchimp to Liberation, and the formatting, the topics, and the tone have all taken a turn. I will probably never know what happened internally at CFSA in the intervening year, but I am curious about it.

2024-06-03 12:21:23

Every “heartwarming” story is a searing indictment of massive systemic injustice.
Optimistically, the difference here is that these hacks are also meant as a way to highlight and protest the problem.
https://mastodon.social/@kjhealy/112552556498446491

2024-05-31 14:07:56

Good morning. It's a beautiful day, and Donald Trump is still a convicted felon.

2024-05-30 04:37:04

Good: The Supreme Court Reporter of Decisions is now posting opinions with U.S. Reports citations within weeks of their issuance.
Bad: In the preliminary page proofs, the “ffi” and "ffl" ligatures copy as "ff” (and for some reason there is no "fi" ligature at all).

2024-05-30 03:42:35

Genly Ai Weiwei

2024-05-29 23:16:26

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Unless Virginia has some unusual twist on the rights of co-tenants, ChatGPT knows its property law better than an Associate Justice of the Supreme Court does.
https://files.mastodon.lawprofs.org/media_attachments/files/112/526/923/004/480/839/original/580828b236cddb5e.png

2024-05-29 23:11:22

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@npub1q00…dq3x You joke, but ChatGPT gets this one right!

2024-05-29 22:40:18

S and M own a house as joint tenants. Following a dispute with their neighbors, M raises an upside-down American flag on the flagpole in their yard. S asks M to remove it, but M refuses. S then says, “there were no additional steps that I could have taken to have the flag taken down more promptly.”
Which of the following best explains why S is wrong?
(A) M’s flying of the flag was an ouster of S.
(B) M committed waste.
(C) The flag created a nuisance.
(D) S had an undivided right to possession.

2024-05-29 01:25:59

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It seems bad because it is bad.

2024-05-29 01:17:39

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Specifically, Robert Barnes went to the Alitos’ house on January 20, 2021. This sent Martha-Ann Alito into a rage that included yelling at him and storming into the house to get a novelty flag, all of which Sam Alito witnessed. The incident with the neighbors, which Sam Alito told the Times sparked the flag flying, wasn’t until weeks later. The Barnes confrontation — on Inaugruation Day! — makes it hard to argue that Alito simply mixed up the timeline.

2024-05-29 01:12:50

If I have this right, Alito gave a false statement to the New York Times, and he would have known it was false because he had been interviewed by a Washington Post reporter at the time.

2024-05-28 02:25:15

Wild Kratts Last Tape

2024-05-26 18:10:40

Actually existing rationalism often bears the same relationship to rationalist ideals as actually existing socialism did to socialist ideals, which is to say it is frequently a grotesque repudiation of every principle it claims to embody.
https://mas.to/@kims/112508196415778176

2024-05-24 17:39:23

Everything you know is wrong, including this sentence.

2024-05-24 16:00:27

Want to help steer the future of open licensing and culture? Nominate someone outstanding for the Creative Commons board of directors!
https://creativecommons.org/2024/05/24/join-the-creative-commons-board-of-directors/