A Personal Blog
by Michael Froomkin
Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law
University of Miami School of Law
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All opinions on this blog are those of the author(s) and not their employer(s) unelss otherwise specified.
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Recent Bluessky Posts- Maybe? But what voters do and elites predict are not totally congruent, fortunately. Also even the public surprises itself sometimes: a decent fraction of pro-Brexit votes were cast as protest votes on the assumption it was safe to do so because it would not pass. August 28, 2026 Michael Froomkin
- I'm sure I've seen a court say, "It is so ordered." August 28, 2026 Michael Froomkin
- They stole $10 million of public funds but because no one admits to being able to remember who did it, they'll get away with it. Really. Even this over-boggled brain boggles. Is there no paper trail when Florida spends $10 million? www.cbsnews.com/miami/news/g... August 27, 2026 Michael Froomkin
- Yes he was much worse in other famous cases. August 25, 2026 Michael Froomkin
- Yes indeed Miami is a lizard wonderland. (And this story has a guide with photos.) Could it explain out politics? www.miamiherald.com/news/local/e... August 25, 2026 Michael Froomkin
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Author Archives: Michael Froomkin
What’s the Definition of Chutzpah?
Posted in Politics: The Party of Sleaze
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Wendy Seltzer Deconstructs the Vista License
Wendy Seltzer does a great public service analyzing the new MS Vista licensing terms.
Legal Tags: Forbidding Vistas: Windows licensing disserves the user: Reading the Windows Vista license is a bit like preparing for breakfast with Lewis Carroll’s Red Queen: You should be ready to believe at least six impossible things about what users want from software.
It is unlikely that a home user looking for a computer operating system has any of these “features” of the Vista EULA in mind: The Red Queen
1. Self-limiting software
2. Vanishing functionality through invalidation
3. Removal of media capabilities
4. Problem-solving prohibited
5. Limited mobility
6. One transfer only
and a bonus,
7. Restrictions on your rights to use MPEG-4 videoDetails below. While Microsoft should be commended for putting its license into plain English, that doesn’t help to make the license restrictions any more palatable.
If you are interested in licenses, or think you might ever install Vista, read the whole thing.
Unix anyone?
Posted in Law: Copyright and DMCA
4 Comments
CT Senate Race Gets Exciting Again
Matt Stoller, Debate Train to Crazy Town has the scoop on what’s happening in Connecticut. Basically, Lamont’s campaign made errors after he won the primary. They coasted, rested, recharged, lost the initiative. Lieberman surged, taking some Democratic votes and all the Republican ones.
But all of a sudden, thanks to the first three-way debate, and to the second five-way debate, both marked by an inspired no-holds-barred performance from the Republican candidate, it’s a horse race again, as the GOP voters have a reason to come home; and if they do that means squeezing Lieberman. So anyone could win.
You know you’re in an incredible political environment when you’re at an event where egomaniac Ralph Nader is wandering around, and not only is no one paying attention to him, but Ralph Nader himself doesn’t even expect anyone to pay attention to him. That was the scene earlier today in Hartford, CT, where five candidates went at each other, or mostly at Joe Lieberman, for the Senate nomination in a debate. I wasn’t feeling so good about this race a few weeks ago; it had stagnated, and the polling reflected that and will still reflect that for a week or so. Today, I think there was a decisive shift both in the dynamic of the race and in the tone of the political environment.
It’s not that Lamont has overperformed, or that Joe has melted down, it’s that Connecticut Election 2006 has gone off the deep end. It’s not your normal white picket fence suburban election, with attack ad facing attack ad. No, this is more like a white picket fence election that suddenly gets bored with life and decides to live in the forest, take a bunch of LSD, trout-fish naked, and taunt a bear cub before ending its life suddenly and with total and inexplicable resolution on November 7. Well not really, but there’s no analogy that I can think of summarizing what’s going on. What has happened is that Joe Lieberman competed in a Democratic primary, lost, and is now competing in a Republican primary, and is losing again. Meanwhile, Lamont is finally picking up renewed steam and getting back on track as a candidate. There’s energy here, real energy.
There’s lots more where that came from. Including this bit, which echoes what I’d suddenly started worrying about:
All in all, it was an impressive, serious debate, and I don’t think you could look at it as anything but a clear victory for Ned Lamont and Alan Schlesinger. Alan Schlesinger says he’s getting in money now, and he’s going to go on TV. I actually think Alan’s Perot-style message is quite resonant, and that in a totally freakshow moment he could pull enough votes from Lieberman and Lamont to eke out a weird 37% victory. That’s not likely, but it’s in the realm of the possible. …
… I think it’s pretty clear that the anti-establishment wave that’s collapsing Republicans all over the country is beginning to crumple Lieberman, just in time. Alan Schlesinger is the first candidate I’ve seen who is genuinely tapping into the frustration grassroots conservatives feel with their party, because he’s very clearly not supported by the establishment or even President Bush. As a result, Lieberman has to now make the electability argument to conservative voters, and that’s never an easy place to be since it makes your message more complicated.
Posted in Politics: US: 2006 Election
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Justice MIA
The Horse’s Mouth, United States Military Conducts Several Hearings On Detained Associated Press Photographer — Without Defendant Knowing About Them:
One of the interesting things about the case of Bilal Hussein, the Associated Press photographer who’s been detained by the U.S. military in Iraq without charges, is that it is giving us as close to a behind-the-scenes look as we’re going to get of what happens to “enemy combatants” when the U.S. military decides to disappear them from view.
…
So there have now been three hearings held by the U.S. Military against Hussein. And if the AP’s correct, the defendant himself has been at none of them. The defendant has not had a chance to present any evidence on his own behalf, or to argue his own case, or to have his representatives argue his case. Nor was he even informed of two of the hearings. In the case of the third hearing, he learned about it after it happened.
Makes you feel proud, don’t it?