Brian L. Frye

Supreme Court Declines AI Copyright Case, Extending Legal Setback for AI-Generated Works - Decrypt U.S. justices leave human authorship rule intact, reinforcing legal limits on AI intellectual property claims.

I was quoted in this @decrypt.co article on SCOTUS’s denial of Thaler’s cert petition. At least for the time being, I guess copyright still requires “human authorship,” whatever that means. decrypt.co/359661/supre...

Oh well.

True.

In honor of SCOTUS discussing Thaler's cert petition in conference today, I am reposting my draft essay "Amicus Brief Superficially in Support of Thaler’s Petition for Certiorari (Which I Guess I’m Not Going to File Now)." If they grant, I'll file. papers.ssrn.com/sol3/papers....

Opinion | The Epstein Files and Our Broken Public Trust

Knock me over with a feather. They ran it! www.nytimes.com/2026/02/27/o...

Opinion | The Epstein Files and Our Broken Public Trust

A powerful letter by @maybell.bsky.social. www.nytimes.com/2026/02/27/o...

I have considerable experience with being uncreative.

In this presentation @brianlfrye.bsky.social notes, "The vast majority of what people create is not actually creative." #wipip26

It’s lobster time. @maybell.bsky.social

Personally, I prefer liberal bureaucracy. But it has never been tried. 😔

What do you think should be the check on executive (or legislative?) power?

I guess I’m not following? You think the concept of constitutional checks is bad? I’m interested, but seems risky.

Is it possible that an inchoate concept of constitutional limitations could work as a check on executive power in the absence of a Supreme Court? Probably! But there’s gotta be something.

Are we sure? Seems like the counterfactual is hard to pin down. What would a Trump do in the absence of a Supreme Court?

My House, My Rules: A Brief History of the Third Amendment Brian L. Frye

I certainly hope so! medium.com/i-taught-the...

The founders were also very concerned about quartering troops & letters of marque & reprisal, so I’d be careful about reading too much into this.

Where is poet laureate on the succession list?

I wonder whether my being a former editor of the @nyulawreview.bsky.social will be a plus or a minus for this proposal.

Charitable newspapers are allowed to run paid ads, including political ones. The newspaper isn’t speaking, so the campaigning restrictions don’t apply.

My essay is now live on the @uchilrev.bsky.social Online website. lawreview.uchicago.edu/online-archi...

I just posted the final version of my essay “Aspirational Attribution: A Response to Lemley & Ouellette, Plagiarism, Copyright, and AI,” which will be published in @uchilrev.bsky.social. papers.ssrn.com/sol3/papers....

The airport could challenge the registration, which is probably still pending anyway. I don’t know that the TM Office has ever considered whether the President’s name can be an exclusive mark for a public facility. Seems unlikely.

This is a fascinating piece with a huge jumpscare for anyone who’s taken civ pro

Nice! Thanks.

lol I forget but they’re all from the @archive.org 78 collection. I do remember that being an especially good one. I’ll see if I can find it.

I'm not sure what the right way to praise this article given the subject matter, but this is incredibly well-done and important. I also think it's a starting point for a number of areas of further inquiry. Very much worth your time to read.

A super important paper, and one that I'm sure was incredibly difficult to publish. An exploration of sexual misconduct in legal academia (and why it's not talked about enough), something I'm sure is also true in other fields as well.

Over the weekend, I posted a new article in the form of an amicus brief, reflecting on AI, authorship & creativity.

Gulp: papers.ssrn.com/sol3/papers....