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Mark A. Lemley

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Mark A. Lemley is an American legal scholar known for his studies of American intellectual property law. He is currently… more

H-index: 53
Business 42%
Economics 24%
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by Michael A. Carrier — Reposted by: Mark A. Lemley

mcarrier.bsky.social
In a piece just published in the Notre Dame Law Review, @marklemley.bsky.social & I argue that courts are confused about how to apply the rule of reason and explain the importance of a four-step test that includes balancing of costs and benefits. papers.ssrn.com/sol3/papers....
Rule or Reason? The Role of Balancing in Antitrust Law
Antitrust law has two basic ways of analyzing conduct alleged to be anticompetitive. Some conduct is viewed as so inherently pernicious that it is deemed i
papers.ssrn.com
2 5

Reposted by: Mark A. Lemley

revoradish.bsky.social
Feels increasingly like a slow motion coup—slow because if it were going faster, the media might report it as a coup. Instead we’re “bucking norms” and “overturning long-standing rules.”
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by Mark A. Lemley

marklemley.bsky.social
My paper with Michael Carrier arguing that courts are confused about how to apply the rule of reason and explaining the importance of a four-step test that includes balancing of costs and benefits is now published in the Notre Dame Law Review

ndlawreview.org/rule-or-reas...
Rule or Reason? The Role of Balancing in Antitrust Law | Notre Dame Law Review
ESSAY Rule or Reason? The Role of Balancing in Antitrust Law Michael A. Carrier* & Mark A. Lemley** Antitrust law has two basic ways of analyzing conduct alleged to be anticompetitive.1 Some conduct i...
ndlawreview.org
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by Mark A. Lemley

marklemley.bsky.social
Everything about this is infuriating, from the illegal "disappearing" of people without due process to the pathetic effort of Trump judges to pretend Alligator Auschwitz isn't a federal government project

www.theguardian.com/us-news/2025...
Alligator Alcatraz snaps back to life after judges’ reprieve of Florida’s migrant jail
The deportation hub seemed on the point of closure but has been revived as a ‘black site … people are being disappeared’
www.theguardian.com
2 8 25

Reposted by: Mark A. Lemley

dtsjr.bsky.social
The answer is 1992 (spoiler).

Zoom in to see gas in California under $2/gal and a sign for a pay phone inside.
Goose chase meme with WHAT YEAR WAS THIS PHOTO TAKEN? in the top panel and WHAT FUCKING YEAR WAS THIS PHOTO TAKEN, CNN?! in the bottom panel
4 13 39

Reposted by: Mark A. Lemley

jasonkoebler.bsky.social
The EFF obtained these docs and shared them with us. Their writeup is here:

www.eff.org/deeplinks/20...
Flock Safety and Texas Sheriff Claimed License Plate Search Was for a Missing Person. It Was an Abortion Investigation.
New documents and court records obtained by EFF show that Texas deputies queried Flock Safety's surveillance data in an abortion investigation, contradicting the narrative promoted by the company and ...
www.eff.org
1 40 220

by Mark A. Lemley — Reposted by: Mark A. Lemley, Rebecca Tushnet

marklemley.bsky.social
House Republicans just AGAIN refused to swear in an elected member of Congress, a blatantly illegal act. They adjourned Congress again without recognizing her, all to avoid having to release the Epstein files
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Reposted by: Mark A. Lemley, Eric Goldman

theguardian.com
Republicans post fake image of Oregon protest – using photos of South America
Republicans post fake image of Oregon protest – using photos of South America
A federal judge had blocked Trump’s request to deploy California national guard to Portland
www.theguardian.com
35 360 610

by James Grimmelmann — Reposted by: Mark A. Lemley

jtlg.bsky.social
“Maybe another sector AI is disrupting is the ability to "rely" on overcaffeinated and drugged up twenty-somethings to kill themselves on consulting assignments to squeeze a few more dollars out of the bottom line.”
1 3

by Brian L. Frye — Reposted by: Mark A. Lemley

brianlfrye.bsky.social
Here's a link to the @marklemley.bsky.social & @patentscholar.bsky.social essay. papers.ssrn.com/sol3/papers....
Plagiarism, Copyright, and AI
Critics of generative AI often describe it as a “plagiarism machine.” They may be right, though not in the sense they mean. With rare exceptions, generative AI
papers.ssrn.com
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by Mark A. Lemley — Reposted by: Mark A. Lemley

marklemley.bsky.social
Yes, please. This.

www.theguardian.com/commentisfre...
Blue states should come together to declare an emergency. Here’s how | Thomas Geoghegan
States opposed to Trump can create a compact – a new prototype for American government – even if it’s perceived as political theater
www.theguardian.com
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Reposted by: Mark A. Lemley, Brendan Nyhan, Rosemary A. Joyce , and 1 more

emptywheel.bsky.social
Trump's Truth Social posts might doom his invasion of Chicago just like they did in Portland.

From a just-filed lawsuit.

storage.courtlistener.com/recap/gov.us...
4. In one example that received significant news coverage, on September 6, 2025, Trump posted on social media an image of the Chicago skyline in flames, stating “Chicago about to find out why it’s called the Department of WAR,” including a depiction of himself in the image of the fictitious warmonger character Lt. Col. Kilgore from the 1979 film Apocalypse Now, titling the post “Chipocalypse Now.”
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Reposted by: Mark A. Lemley, Rosemary A. Joyce, Brooke Harrington

bencollins.bsky.social
Is the irony of the president’s friend buying something called “the free press” and immediately installing a government truth compliance officer lost on everybody?
nytimes.com
The New York Times @nytimes.com · 1d
Breaking News: Paramount is buying The Free Press for $150 million and appointing Bari Weiss, the news site's co-founder, as the editor in chief of CBS News. nyti.ms/4gUnu5D
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Reposted by: Mark A. Lemley, Rosemary A. Joyce

nytimes.com
Breaking News: Paramount is buying The Free Press for $150 million and appointing Bari Weiss, the news site's co-founder, as the editor in chief of CBS News. nyti.ms/4gUnu5D
120 31 72

by Peter M. Shane — Reposted by: Mark A. Lemley

petermshane.bsky.social
I thought the Epstein files would not be a big deal until Trump decided he’d start a civil war rather than release them.
2 30 90

Reposted by: Mark A. Lemley, Dunlap

esqueer.net
In the last 2 weeks MAGA aligned people have done 2 attempted mass shootings of a gay bar and pride center in Arizona and Texas, murdered 2 teenage girls for mocking Charlie Kirk, and torched a judge's home.

Meanwhile, the government mobilized the military to go after the left.
23 750 2.3K

Reposted by: Mark A. Lemley

iceflightmonitor.bsky.social
The small jet landed in Eswatini after fuel stops in Puerto Rico, Senegal, and Angola—likely the second removal flight to Eswatini carrying third-country nationals, after the first in July. Individuals on board were shackled for over 26 hours.
3 19 26

Reposted by: Mark A. Lemley

28loki.bsky.social
Military leaders must refuse to implement Trump's illegal orders.
3 22

Reposted by: Mark A. Lemley

cathygellis.bsky.social
Perhaps more importantly: court declares that it was ALREADY blocked...
3 25

by Mark A. Lemley

marklemley.bsky.social
Court blocks Trump's effort to avoid prior injunction by sending out of state National Guard to invade Portland
3 25 93

Reposted by: Mark A. Lemley, Rosemary A. Joyce, Rebecca Tushnet

jbf1755.bsky.social
Things to consider:

Document the violence & violations--on camera, w/photos, saving images--any way you can. Speaking as a historian- it will matter

Point out violations--w/images & text--even if you think it won't matter. It will. It needs to be called out & exposed

You are a witness.
Expose it.
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by Mark A. Lemley

marklemley.bsky.social
@pluralistic.net.web.brid.gy has a great primer on the enshittification of Amazon

www.theguardian.com/technology/2...
Way past its prime: how did Amazon get so rubbish?
Sick of scrolling through junk results, AI-generated ads and links to lookalike products? The author and activist behind the term ‘enshittification’ explains what’s gone wrong with the internet – and ...
www.theguardian.com
11 39

Reposted by: Mark A. Lemley

velshimsnbc.bsky.social
"Every economist around the world uses this BLS data," @justinwolfers.bsky.social warns of worrying consequences of the Trump administration's dismantling of the Bureau of Labor Statistics that stretches beyond the U.S. "It's important that it's a well-run organization." #Velshi
Worrying signs for the economy amid Trump's 'utterly inane and insane' dismantling of BLS
A new ADP report indicating significant drops in private employment is "definitely a negative signal" for the economy, economist Justin Wolfers tells Ali Velshi. But amid the government shutdown, we don't have an up-to-date jobs report or even someone leading the Bureau of Labor Statistics, after Trump withdrew his controversial nominee, E.J. Antoni. "The only thing he'd ever done with statistics was misrepresent them," Wolfers said. 
www.msnbc.com
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by Mark A. Lemley

marklemley.bsky.social
It's been a fairly long-lived bug if so. And it would certainly juice as engagement numbers, though I agree if advertisers discover those numbers are inflated they will discount them
2

by Mark A. Lemley

marklemley.bsky.social
States need to issue arrest warrants for Stephen Miller, who is openly flouting the law
chriskaiserva.bsky.social
Chris Kaiser @chriskaiserva.bsky.social · 2d
These people have been saying openly for a while that they don’t believe in the constitutional order of checks and balances among coequal branches.

They don’t believe in the constitutional order and want to destroy it, they want a dictatorship, they are saying this pretty plainly.
patdeklotz.bsky.social
Patrick De Klotz @patdeklotz.bsky.social · 3d
Stephen Miller is a fascist lunatic
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Reposted by: Mark A. Lemley

ggkrishnamoomoo.bsky.social
“I don’t believe equity is part of the judicial role”is flat-earther shit
1 5 63

Reposted by: Mark A. Lemley

chriskaiserva.bsky.social
These people have been saying openly for a while that they don’t believe in the constitutional order of checks and balances among coequal branches.

They don’t believe in the constitutional order and want to destroy it, they want a dictatorship, they are saying this pretty plainly.
patdeklotz.bsky.social
Patrick De Klotz @patdeklotz.bsky.social · 3d
Stephen Miller is a fascist lunatic
2 7 18

Reposted by: Mark A. Lemley, Will Jennings, Steve Peers , and 2 more

rsgat.bsky.social
Today, I drove an hour and a half with my wife and a couple friends to pick up a neighbor who was summarily, inexplicably arrested by ICE at a check-in ten days ago and then just as inexplicably released, 100 miles from home today. It was a happy occasion, all things considered, but...
35 590 1.9K

Reposted by: Mark A. Lemley

jeffmay.bsky.social
Right because even tho they may not follow the law it’s important that we do and it’s incumbent for us to point out each violation and never let it become normal
2 10

Reposted by: Mark A. Lemley

petercollinson.bsky.social
The mass media no longer relies entirely on television. They've sunk their tentacles deep into the internet - web pages, podcasts, etc. The web plays a major role in extending the right wing propaganda apparatus efforts to attract a younger audience.
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