Harvard Law School‘s Cyberlaw Clinic, based at Harvard’s Berkman Klein Center for Internet & Society, provides high-quality, pro-bono legal services to appropriate clients on issues relating to the Internet, technology, and intellectual property. Students enhance their preparation for high-tech practice and earn course credit by working on real-world litigation, client counseling, advocacy, and transactional / licensing projects and cases. The Clinic strives to help clients achieve success in their activities online, mindful of (and in response to) existing law. The Clinic also works with clients to shape the law’s development through policy and advocacy efforts. The Cyberlaw Clinic was the first of its kind, and it continues its tradition of innovation in its areas of practice. The Clinic works independently, with law students supervised by experienced and licensed attorneys. In some cases, the Clinic collaborates with counsel throughout the country to take advantage of regional or substantive legal expertise.
From the Blog
The Cyberlaw Clinic is pleased to announce the release of “A Preservationist’s Guide to the DMCA Exemption for Software Preservation,” a document created in collaboration with the Software Preservation Network and hosted on the SPN website. The guide —authored by fall 2018 Cyberlaw Clinic student Kee Young Lee and Clinical Fellow Kendra Albert — builds on work that the Clinic and SPN have done together over the past year on the 2018 round of anti-circumvention exemptions announced by the Copyright Office in October of this year.
As we noted in a previous blog post, the Copyright Office conducts a rulemaking every three years to identify situations in which individuals should be exempt from liability under Section 1201 of the Copyright Act in cases where they circumvent a “technical measure that effectively controls access” to a copyrighted work. We were pleased that the latest round of exemptions included one that allows libraries, archives, and museums to circumvent technological protection measures on certain lawfully acquired software for the purposes of preserving software and materials that depend on it. The guide released today aims to frame that exemption in useful, practical terms for the librarians and archivists who will rely on and benefit from it. “Getting the exemption is just the first step — SPN and the Cyberlaw Clinic are dedicated to supporting practitioners in using the exemption to preserve software,” said Mx. Albert. “This is the first of a set of guides we plan to release to help institutions make the most of their rights under the law.”
The Cyberlaw Clinic is thrilled to have supported our friend Ji Qie and the rest of the team that launched patentpandas.org this week. The site aims to “help make patent law friendly for everyone,” offers stories from “[e]veryday people” about “their patent adventures and misadventures,” and provides a wide range of resources for creators and entrepreneurs about interacting with the patent system. Legal resources on the site address issues like “What Can Be Patented?” and “I Got a Cease and Desist Letter!.” Fall 2018 Clinic student Carol Lin worked with the Cyberlaw Clinic’s Assistant Director, Jessica Fjeld, to guide the project. (Photo credit: Andy Sellars.)
COMMENTS OF THE ELECTRONIC PRIVACY INFORMATION CENTER TO THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION | Clarification of the Applicability of Aircraft Registration Requirements for Unmanned Aircraft Systems (UAS) and Request for Information Regarding Electronic Registration for UAS | Docket No. FAA-2015-4378 | November 12, 2015 | Fall 2015 Cyberlaw Clinic students Katherine Kwong and Sophia Choi contributed to the Electronic Privacy Information Center’s November 12, 2015 comments, submitted to the Federal Aviation Administration in connection with an inquiry regarding registration of Unmanned Aircraft Systems. In the comments, EPIC expressed support for registration but raised concerns about public availability of personal information of registrants. The FAA’s Interim Final Rule on this subject, issued on December 16, 2015, cited EPIC’s comments extensively.