Until @marty_lederman annihilates him on his own logic/argument in a tangent on one of them.
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I wouldn't "annihilate" Orin if I could (that's not what we're about), and trust me, I can't. Merely identifying a tension in the theory ...
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Fair enough. I admit "annihilate" is probably too strong, but "a tension in the theory" is too soft, in my opinion.pic.twitter.com/dqAKNrjeMT
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You might read my amicus brieffiled in the case, if you are interested in my views.
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I do not see where it covers the voluntary act and recipient/audience distinction(s) that you & Marty discussed.
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Regardless, we fundamentally disagree on many pts. I view your positions as the "faster horses" in the quote (mis-)attributed to Henry Ford:
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"If I had asked people what they wanted, they would have said faster horses." The digital world requires new models.
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I'm comfortable w/ courts answering the tough questions you pose. At the very least, it would prompt Congress to actually address things.
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