About the Cyberlaw Clinic

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

Clinic Files Amicus Brief Arguing for Broader Access to Government Databases Through FOIA

The Cyberlaw Clinic filed an amicus brief (pdf) this week in the United States Court of Appeals for the Ninth Circuit on behalf of a group of data journalists and media organizations, advocating for a different approach to Freedom of Information Act (FOIA) requests relating to databases. The brief supports the Center for Investigative Reporting in an appeal arising out of a FOIA request submitted by CIR to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Clinic Files Brief Supporting Cert Petition in Oracle v. Google

The Cyberlaw Clinic filed an amicus curiae brief (.pdf) in the United States Supreme Court in Oracle v. Google, No. 18-956, on behalf of a group of intellectual property law scholars. The brief supported Google’s petition for certiorari, asking the Supreme Court to review decisions of the United States Court of Appeals for the Federal Circuit. Google’s petition is the latest stage in a nearly decade-long litigation battle between Oracle and Google concerning Google’s use of Oracle’s application programming interface (“API”) in Google’s Android smartphone platform.  The case raises two major sets of copyright issues.  The first concerns the scope of copyright protection for APIs and the line between protectable expression and purely functional elements of computer code.  The second concerns whether, if an API is protected by copyright, use of that API may fall under fair use. The Clinic’s brief supports Google on the second of those points, urging the Court to take the case and resolve the fair use issue.

Featured

Glik v. Cunniffe

GLIK v. CUNNIFFE  |  No. 10-1764  |   1st Cir. January 23, 2011  |  The Cyberlaw Clinic prepared this amicus brief (pdf) with support from Prince Lobel Tye LLP.  It was submitted to the First Circuit on behalf of the Citizen Media Law Project, joined by Dow Jones & Company, Inc., GateHouse Media, Inc., Globe Newspaper Company, Inc., The Massachusetts Newspaper Publishers Association, Metro Corp., NBC Universal, Inc., New England Newspaper and Press Association, Inc., The New York Times Company, Newspapers of New England, Inc., the Online News Association, and the Reporters Committee for Freedom of the Press.  Amici argued that the Massachusetts Wiretap Statute cannot be applied to criminalize recordings where the subjects of those recordings do not reasonably expect their communications to be private.  The First Circuit denied permission to file the brief, but its decision in favor of plaintiff Glik echoed many arguments set forth in the Clinic’s brief.