About the Cyberlaw Clinic

Harvard Law School‘s Cyberlaw Clinic, based at Harvard’s Berkman 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

Massachusetts SJC Ruling Protects Cellphone Location Privacy

coverIn a strong affirmation of the privacy interests of cellphone users, the Massachusetts Supreme Judicial Court (SJC) ruled unanimously earlier this week that law enforcement agencies in the Commonwealth must obtain a warrant to access anything more than a minimal amount of the cell-site location information (CSLI) that telecommunications companies collect about their users. The Cyberlaw Clinic filed an amicus brief in Commonwealth v. Estabrook on behalf of the American Civil Liberties Union of Massachusetts (ACLUM) and the Electronic Frontier Foundation (EFF) in support of privacy protection for CSLI.

DC Comics Wins Copyright Protection for Batmobile

9thCir“Holy copyright law, Batman!” Although this sounds like Robin, it is actually a line from a federal appeals court opinion issued this week, holding that Batman’s iconic car is entitled to copyright protection. The U.S. Court of Appeals for the Ninth Circuit sided with DC Comics in its claim to a copyright interest in the Batmobile, ruling in DC Comics v. Towle that the automobile was sufficiently distinctive to be deemed a protectable character. DC Comics had sued defendant Mark Towle for, among other things, copyright infringement and trademark infringement, based on his sale of replicas of the car. Mark Towle’s Gotham Garage sold replicas of the Batmobile as it appeared in the 1966 television series featuring Adam West as Batman and the 1989 movie starring Michael Keaton for approximately $90,000.


Barclays Capital Inc. v. TheFlyontheWall.com

BARCLAYS CAPITAL INC. v. THEFLYONTHEWALL.COM  |  No. 10-1372-CV  |  2d Cir. June 21, 2010  |  The Cyberlaw Clinic and the Electronic Frontier Foundation prepared this amicus brief (pdf), and it was submitted to the Second Circuit on behalf of Citizen Media Law Project, Electronic Frontier Foundation, and Public Citizen.  Amici urged the court to apply First Amendment scrutiny to the “hot news misappropriation” doctrine.  The Second Circuit ultimately overturned the district court’s decision on preemption grounds.