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

Clinic Supports Public Citizen and EFF in Small Justice Amicus Effort

Brief CoverThe Cyberlaw Clinic supported Public Citizen and the Electronic Frontier Foundation in filing an amicus brief (pdf) today in the case, Small Justice LLC v. Xcentric Ventures LLC, Case No. 15-1506, pending before the United States Court of Appeals for the First Circuit.  The case raises important questions about the interplay between copyright law and laws protecting free expression, including the immunity granted to platforms that host content uploaded by users pursuant to Section 230(c) of the Communications Decency Act.  Paul Levy of Public Citizen and Kit Walsh of EFF wrote detailed posts about the brief. 

MA Anti-SLAPP Law Applied in the Context of Trademark Challenge

ShireRebecca Tushnet wrote a nice summary of the decision of the United States District for the District of Massachusetts in Shire City Herbals, Inc. v. Blue, Case No. 3:15-cv-30069-MGM (D. Mass. May 12, 2016).  No need to restate the facts or the holding, but I wanted to pile on with some local context and a quick acknowledgment that this seems like an important decision for proponents of Anti-SLAPP protections for speakers in the Commonwealth.  

Featured

Digitizing News Archives Flowchart

The Cyberlaw Clinic has teamed up with WGBH to support the extraordinary Boston TV News Digital Library project.  The Clinic’s work with WGBH has focused on offering guidance to news media archivists on legal issues associated with archiving news content. To that end, the Clinic and WGBH are pleased to announce the release of the “Digitizing News Archives” flowchart, which provides a high-level overview of some key legal questions that may arise when one digitizes news content and makes it available online.  The chart offers a suggested order of operations and a process for considering and managing legal risks while striving to maximize the availability of historic footage and other media content online.