The Harvard Crimson ran an op-ed I wrote about the Diebold matter. The focus is on Derek Slater’s story here at Harvard, but it’s meant also to talk about the awful position in which universities are placed by this law. How is a university supposed to choose between thinking of itself as an ISP and availing itself of the safe harbors in the law, protecting its endowment, and standing tall as an academic institution first and foremost, protecting its integrity? FWIW, I am delighted that Harvard has stood behind Derek and acknowledged his fair use defense. I realize that’s a very big deal.
There’s much more to be done on this issue.