My mother warned me to be suspicious when people give gratuitous compliments. So, I read with some suspicion the recent blog post by Ariel Katz, who responded to my post Did the Supreme Court eviscerate Access Copyright’s business model? A reply to Michael Geist, generously calling me a “well experienced lawyer” and a “smart well-trained lawyer”.[[1]]

In that post I argued that Michael Geist’s claim that the Supreme Court’s decision eviscerated Access Copyright’s business model did not stand up to scrutiny. I pointed out that his assertions completely ignored the teachings of the Supreme Court that whether something is a fair dealing is a question of fact and that his claims were not based on any analysis to demonstrate why the Supreme Court decision had the effects he claimed.