86.2
April
2019

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86.2
Algorithmic Fair Use
Dan L. Burk
Chancellor’s Professor of Law, University of California, Irvine; 2017–2018 US-UK Fulbright Cybersecurity Scholar.

My thanks to members of the Oxford Internet Institute’s Digital Ethics Lab, participants in the Cambridge Faculty of Law CIPIL Intellectual Property Seminar Series, participants in the session on “Data Commons, Privacy, and Law” at the ECREA Digital Culture and Communication Section Conference, as well as to Oren Bracha,Pamela Samuelson, and participants in the CyberProf listserv conversation on algorithmic fair use for helpful discussion in preparation of this Essay. Portions of this research were made possible by support from the US-UK Fulbright Commission.

Law, like other human artifacts, is costly to produce, to distribute, and to apply.

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86.2
Personalizing Mandatory Rules in Contract Law
Omri Ben-Shahar
Leo and Eileen Herzel Professor of Law, The University of Chicago.

We thank Oren Bar-Gill and participants in The University of Chicago Law Review Symposium on Personalized Law for their comments, and Tal Abuloff and Tom Zur for excellent research assistance.

Ariel Porat
Alain Poher Professor of Law at Tel Aviv University and Fischel-Neil Distinguished Visiting Professor of Law at The University of Chicago.
Mandatory rules in contract law are meant to protect people from “bad” terms.
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86.2
Algorithmic Price Discrimination When Demand Is a Function of Both Preferences and (Mis)perceptions
Oren Bar-Gill
William J. Friedman and Alicia Townsend Friedman Professor of Law and Economics, Harvard Law School.

For helpful comments and suggestions, I would like to thank Omri Ben-Shahar, Yochai Benkler, Ryan Bubb, Glenn Cohen, Hanoch Dagan, Avihay Dorfman, Noah Feldman, Meirav Furth-Matzkin, Assaf Hamdani, Howell Jackson, Louis Kaplow, Alon Klement, Roy Kreitner, Tamar Kricheli-Katz, Adi Leibovitch, Adi Libson, Da Lin, Ariel Porat, Mark Ramseyer, Steve Shavell, Holger Spamann, Cass Sunstein, Doron Teichman, Eyal Zamir, and workshop and conference participants at Harvard University, Hebrew University, New York University, Tel-Aviv University, The University of Chicago, and the annual meeting of the Israeli Law and Economics Association.

To maximize profits, sellers like to engage in price discrimination—to set higher prices for consumers who are willing to pay more and lower prices for consumers who are willing to pay less.

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