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Trademark law often gets lumped in with patents and copyright under the "intellectual property" banner, but in fact it's a different kind of law with an entirely different heritage. That said, it's not without its dangers, so this week we're discussing the intent and extent of trademark law and its impacts both positive and negative.

Over the past 15+ years, Techdirt and its team has made plenty of predictions and prognoses about various aspects of the world of tech — which means we've made plenty of mistakes. This week, our podcast is dedicated to discussing some of those poor predictions and figuring out what we can learn from them.

There's a common refrain regarding services these days that "if you're not paying for it, you're the product" — but this notion is at best an oversimplification, and at worst outright untrue. This week, we look at the far more complex and diverse reality of how free services relate to their users.

Last week, iFixit CEO Kyle Wiens joined us to discuss DMCA anti-circumvention exceptions, but that's just one specific facet of a broader issue: the freedom to repair, modify, reverse-engineer and generally tinker with the technology you own. This week Kyle is back to discuss why the freedom to tinker is a vitally important right — and one that is constantly under threat.

One of the many strange and problematic features of modern copyright law is the DMCA anti-circumvention exception system, wherein the Librarian of Congress makes unilateral decisions about what you can and can't do with software and products that include DRM and other protections. This week we're joined by Kyle Wiens, CEO of iFixit and a long-time champion of the right to repair and tinker, to discuss the ins and outs of this system, and what is (or isn't) coming in the next round of exemptions.

Lots of publishers freak out about the existence of adblockers. Some seek ways to get around them, others simply complain. This might seem like a situation where the desires of publishers and the desires of readers are irreconcilably opposed — but is that truly the case? This week, we discuss the popular reactions to adblocking and the look at the real problem with online advertising: the quality of the ads themselves.

Privacy policies are ubiquitous online, and often required by law, but what are they really for? People don't read them, and when they do they have a tendency to misunderstand them, such as with the recent flare-up over poorly-contextualized changes to Spotify's policy. Plus, there's a built in incentive for companies to write their policies as broadly as possible to avoid accidentally violating them, further stripping them of all purpose. This week, we discuss a simple question: are privacy policies an altogether stupid idea?

Technological innovation is solving all sorts of problems, from major issues to minor inconveniences — but one criticism that often comes up is that Silicon Valley has a "by rich young white men, for rich young white men" culture, with most of its efforts focused on solving problems for a small, affluent minority. This week, Catherine Bracy returns as we try to understand this common complaint, how valid it is, and what can be done about it.

From e-voting and online petitions to broad new avenues of communication between politicians and the public, technology is changing democracy, and has the potential to do so even more. This week we're joined by Catherine Bracy, the Technology Field Officer for Obama For America in 2012, to discuss the current and future impact of rapidly changing technology on the democratic process and whether these impacts have been "good" or "bad".

Time and time again, we hear the claim that without copyright and/or patents there is no way for creators to make money, or even any reason for anyone to create anything at all. This is obviously absurd on many levels, but in today's episode we look at the most immediate and practical ones: the many business models that aren't based on intellectual property, and approaches to incentivizing creativity and innovation that don't involve locking things down.

When people talk about today's most innovative technology and media companies, the discussion tends to orbit the usual suspects: Apple, Google, Facebook et al. But there's one small company that we've long believed deserves far, far more attention for its multitude of smart innovations: Humble Bundle. This week, we discuss the many subtle but extremely meaningful choices that have grown the Humble Bundle from a simple experiment into a revolutionary form of distribution, and wonder why the company doesn't get more credit as an innovator. This week we're also unveiling our brand new podcast theme song written, produced and recorded by long-time Techdirt friend Dan Bull.

We live in a world that venerates "ideas" but ignores the fact that even the best idea is worthless if it's poorly executed. In turn, people who "copy" ideas are often demonized, even when it's their superior execution that is responsible for their success. But the truth is that copying is a critical part of innovation and progress, and the instinct to ignore or refute that idea has left us without many clear measurements of its impact — not to mention lots of bad policy, and a highly problematic "ownership culture" when it comes to ideas and creative output.

Long-time Techdirt readers know that we're big fans of Kevin Smith, not just for his films and podcasts but also for his many innovative approaches to business, distribution and creativity in general — and we're proud to say that he is also a pretty big fan of Techdirt. This week, he joins us on the podcast to discuss the experience of striking out on your own path as a creator while countless voices from the status quo try to tear you down — and the rewards that come when you manage to ignore those voices and be unapologetically yourself.

A few years ago, there was no reason to see Apple and Google as direct competitors — but thanks to the mobile space, all that has changed. Now the two tech giants are going head-to-head in a contest for the mobile device market share, but their approaches to this race remain very different. This week, we discuss the nuances of this competition and what these two different approaches can teach us about business models and innovation.

Reddit is a prime example of the explosive growth of online communities — and recently it's become a prime test case for the huge challenges such growth brings, especially for those who are trying to use it as the foundation for a successful company. This week we discuss some of those challenges that sit at the intersection of community and business, both in terms of popular examples like Reddit and personal experiences as both members and builders of online communities.

Smart watches are among the hottest gadgets du jour, but do they live up to the hype? Their adoption hasn't been even remotely on par with smartphones, and reactions from those who have used them are mixed — but that doesn't mean they're useless or have zero appeal. So, does this dubious trend have a future, or are smart watches a dumb idea?

The promise of virtual reality has been teasing us since the late 60s, and yet it never seems to arrive in a fully realized form. Recently, however, VR (and its cousin, augmented reality) is back in a big way, with flagship products like the Oculus Rift and Microsoft Hololens taking the spotlight, backed up by dozens of other contributions. To discuss this exciting trend, we're joined by erstwhile Techdirt writer Carlo Longino who, along with regular co-host Dennis Yang, attended this year's E3 conference and tried out a bunch of new offerings on the VR market.

The internet has changed the parameters for how people can interact. Today, all sorts of work and socialization can be done over distances that were previously impossible, and the rise of telecommuting has been no surprise. And yet there are still a lot of imperfections in the system, and a lot of ways that the internet doesn't quite seem to close the gap as much as we'd like it to. In this week's episode, we ask the question of how much face-to-face communication still matters in the digital age, and what the future holds for long-distance interactions.

Last week, we were joined by Upshift founder Ezra Goldman to discuss the future of mobility in a world of on-demand services like Uber. This week, Ezra is back to help us fill in the other big piece of the transportation puzzle: autonomous vehicles, and their potential to change just about everything.

The explosive rise of Uber, ride-sharing programs, and other on-demand mobility services has led many to wonder if the whole concept of car ownership is on its way out, at least for city-dwellers. This week we're joined by Upshift founder Ezra Goldman, who recently wrote a manifesto for the future of mobility and helps us delve far beyond a surface analysis of transportation trends.