~ Archive for Intellectual Property ~

Jedi Mind Tricks

0

Last week, one of my friends received a pretty random email from me. It had the subject “this place is insane” and consisted of the text “jedi mind tricks lawyer just gave a crash course on copyright law”. My friend probably didn’t realize it, but I was raving about the law school’s Recording Artist Project (RAP).

RAP is an organization that matches up musicians looking for legal advice with law students interested in entertainment law. The group also works with independent record labels and music websites. The work itself covers a broad range of legal issues including trademarks, copyrights, contracts, and transactions.

I had heard about RAP at a panel on student practice organizations that the law school held a couple weeks ago. I have always been fascinated by the way that the law regulates art and how that in turn affects both artists and content distributors. When I heard that not only did Harvard have an organization that catered to this interest but also that this organization took first year students, I jumped at the opportunity to join. 

Last weekend, RAP held their semesterly training session for new recruits. The group brought in a prominent entertainment lawyer (who has, among others, the hip-hop group Jedi Mind Tricks as a client). He talked with us about the copyright and trademark issues in music and then walked us through the basics of marking up a record contract. It was pretty exciting to have someone with practical knowledge in a field I am interested in talk candidly about what their job entailed.

Yesterday, I received my first assignment. I will be working with a team of three other law students to help a local electronica band review the record deal they were recently offered. It is my first semester of law school and I am already getting hands-on experience in a field of law that has always fascinated me. This is just another testament to the sheer number of opportunities that HLS provides its students.

- Anit

Public Interest Auction in Review

0

1L and Co-Chair of the Public Interest Auction Sarah Jelsema recently sat down for a Q & A with us after this yearly highlight of the HLS calendar.

What is the public interest auction?
The public interest auction is a fundraiser run entirely by the 1L class that raises money to support students who do public interest work over the summer. We solicit donations from faculty, staff, alumni, parents, students, firms, and local businesses. Some donate money and some donate things to auction off. We receive all sorts of donations – things like Red Sox tickets, gift certificates to restaurants and salons, lunches and fishing trips with professors, cookies and brownies made by the librarians, and a tour of the Northwest Corner Construction project. The auction is one of the biggest social events of the year. Every year the auction has a theme, and we decorate Austin Hall accordingly. This year the theme was “Bright Lights: Bid City” and so the different rooms were decorated as different big cities – London, Paris, and New York.

What has gone into preparing for this event and what have you gotten out of the experience as a co-chair?
Almost all of the 1L class helps out with the auction. We divide the students up by committees and committees mostly help out either by asking for donations, calling alumni and asking them to donate, emailing firms, going door to door in Cambridge, or by helping process the donations and get them ready to sell, or by helping out on the night of the auction. As one of the auction co-chairs, I had the opportunity to work with a group of amazing people to try to plan and coordinate this huge event – it was definitely a  challenging experience for all of us. From coordinating hundreds of student volunteers to keeping track of hundreds of donations, to making sure everything comes together on the night of the auction, being a co-chair was a lot of work, but it was extremely rewarding. It was also a good opportunity to meet new students.

The event is always a lot of fun for students, faculty and staff. What was your favorite part of the evening? Did anything surprise you?
The event was a huge success. My favorite part of the evening was the live auction. Our auctioneers – this year Professors Elizabeth Warren and Jonathan Zittrain – were auctioning off the “right to be – or not be – in the 2010 parody.” The first bidder was the Dean of Students because they gave her a hard time this year in the parody, but then Professor Mann, who bought this item last year, got in a bidding war with Professor Warren and everyone was laughing so hard!

Why should admitted and prospective students seeking a strong public interest community choose Harvard? Why did you?
I think that students looking for a strong public interest community should choose Harvard because they can go anywhere and do anything with a degree from Harvard Law. We are a bigger law school, but as a result, we have so many more options to pick from than other law schools. Good public interest law jobs are really competitive – and since I want one, I’m glad I chose Harvard. I know that the connections and friends that I will make here, with professors and fellow students, will be of benefit for the rest of my life.

Transfer Admission

0

Starting April 15, HLS will begin accepting transfer applications for the fall. Over the last couple of years, there have been increased opportunities for Harvard Law students to study off-campus through joint degree and foreign study programs which make it possible for us to admit more transfer students than ever before.

The question of whether to apply as a transfer student is the right move is up to you, but we think that a little research will show you the vast benefits of transferring to HLS. With 102 full-time professors and more than 300 courses, HLS is home to the most intellectually stimulating legal community in the world. Outside the classroom, there are 14 journals, over100 student organizations, clinical placements in approximately 30 areas of the law, and more than enough opportunities for you to experience the incredible diversity of the HLS community during your second- and third- year. For example, the Harvard Law Review encourages transfer applicants to apply for membership and several past transfer students have been successful in that endeavor.

Bottom line? Whether you are interested in constitutional law or environmental law or human rights advocacy or any number of other areas, the breadth and depth of our offerings is incredible. Whether you want to clerk at the circuit court level, follow the path to academia, or pursue a career in public service, the opportunities presented to our graduates are unsurpassed.

For more details on the transfer application process including eligibility guidelines, deadlines, and application requirements, please visit: http://www.law.harvard.edu/prospective/j…

Also, stay tuned in the coming days and weeks for blog entries of a few students talking about their experience transferring into Harvard Law School!

Herdict: The Verdict of the Herd

0

If you thought counting sheep was insomniac’s play, think again. Berkman Center cofounder and cyberlaw whiz Professor Jonathan Zittrain is expanding upon his research with the OpenNet Initiative (ONI) by exploring internet censorship with Herdict Web (herd + verdict), a tool that uses crowdsourcing to learn about and present a real time view of the experiences of users around the globe with regard to web accessibility.

As Zittrain explained, “we’re trying to get ourselves out of a mode where the internet just happens to us and we become, rather, participants in it.” One of the issues with the net is that users by and large don’t know what’s going on. “We’re eager to help create an emergent sense of what’s going on in this network especially at a time when network blockages and filtering are on the rise,” he said. “When you can’t get somewhere the number of problems between you and the destination are legion and there’s an easy way to figure out what’s wrong… our aim is to help answer those questions in a prosaic way by trying to enlist people at large to answer them.”

So what’s with the sheep (Herdict’s icon), you ask? As the website explains, “sheep tend not to follow the herd when no natural predator is present. While considering web inaccessibility and censorship a predator might be far-fetched, when faced with it, it makes sense to join the herd.” While OpenNet Initiative seeks to identify filtering on the web and to probe public consciousness about the practice through academic means, Herdict Web shifts the power to the masses. Herdict is a toolbar that changes color based on a particular URL’s accessibility. If you find yourself unable to access a site, you can click on the ‘sheep’ and report your problem. “The act of asking this question is what helps seed the round of data in order to answer [why a site is blocked],” said Zittrain. As more people respond with errors, the Herdict team is able to interpolate the data and point to a cause. For those interested, the website includes the sort-able ‘herdometer’ that displays reports as they come in. “Once someone makes a report,” explained Zittrain, “it’s helpful to know if others are experiencing the same issue. You very quickly figure out who is also experiencing what and why.”

Stay tuned for more information on Herdict Web!

Anti-Piracy: A View from Down Under

0

Itching to escape winter in Cambridge? How about vicariously? Recently, 2L Ethan Schiffres wrote to us about his Winter Term project with Music Industry Piracy Investigations, a joint venture between the Australian Recording Industry Association and the Australian composers/publishers’ organization. He had been working on several projects for them, including research about ISP liability for users’ copyright infringement, in which he has focused mainly on a comparison between Australian and U.S. approaches.

“My decision to spend my Winter Term in Sydney was a relatively easy one. Obviously, weather was a huge factor, but I was also interested in furthering my pre-law school interest in the music business, gaining a new international perspective on the main issues facing the industry. HLS provides the unique opportunity of allowing students to set up a legal internship anywhere in the world with basically any organization, and as appealing as spending my post New Year’s days trudging through the snow from my apartment to Austin Hall sounded, I decided to take advantage.’

“Back in October, I contacted the head of SoundExchange, the performance rights organization where I had interned back in college, and they offered to put me in touch with the Australian Recording Industry Association (ARIA), which is the Australian analogue to the RIAA. After exchanging several emails, I clenched a three-week internship at Music Industry Piracy Investigations (MIPI), which is the anti-piracy arm of the Australian music industry.’

“MIPI is a small, albeit extremely well-run, organization that coordinates the anti-piracy investigative, policy, and educational activities of ARIA and the Australian music publishers society. My main project has involved researching the liability of Internet Service Providers for their subscribers’ file-sharing and illegal downloading. ARIA has been involved in negotiations with ISPs about the possibility of a three strikes / graduated response / “notice and disconnect” scheme, whereby ISPs would provide file-sharers a series of warnings before cutting off internet service if they were engaged in repeated copyright infringement. The world’s first “three strikes” law will go into effect in New Zealand in February, and France is very close to passing a similar law. Most of my research has been a comparative analysis between Australian and U.S. copyright law regarding ISP liability. The timing is particularly apt, as a couple weeks before I headed down under, the RIAA announced that it would cease suing file-sharers and would instead pursue a “notice and disconnect” scheme with U.S. ISPs.’

“In addition to the ISP research, I have been involved in a handful of other smaller tasks for MIPI. I have responded to inquiries regarding the legality of certain behaviors related to music online, assisted with the organization’s educational efforts by updating consumer facts sheets (e.g. legal issues involving using music on your website), and have also participated in investigative efforts by monitoring eBay Australia for pirated music.’

“Outside of the office, I have spent a lot of time exploring Sydney and will be venturing out to other parts of Australia as the month goes on. I’m living at the University of Sydney in Newtown, which is a cool little neighborhood with a grungy/hipster vibe to it, not unlike the East Village or Central Square. Sydney is a great city with amazing beaches (which I’ve been to approximately every other day, despite the 40 minute bus ride after work), friendly people, and a great music scene. I have tried dearly not to be a tourist and have made an effort to experience the city as the people who live here do.’

“I’ve also tried to immerse myself in the Sydney music scene. Back when I was scouting bands for Everfine Records / Red Light management during my two years off before law school, I came across an Australian singer/songwriter named Andy Bull. Andy has an incredible voice and a great live performance, and although we never ended up signing him, I stayed in touch with his manager and producer. I found out that he was opening for American jam icon Donovan Frankenreiter in Sydney during my first weekend, so I got the opportunity to see him play in front of nearly 1,000 people in his home town. The last time I had seen him play was back in 2006 at a showcase at Piano’s on the Lower East Side – there had been maybe 40 people in the crowd.’

“I can’t really say what my typical day in Sydney is like, but today is a pretty good example. I woke up at around 7 (i.e. 3pm EST) to grab breakfast at the local café and check my email. After realizing that my weekly bus pass expired, I ran to the nearest 7-11 (they are ubiquitous here), bought a new pass, and rushed to the bus stop so I could make it to work on time. After taking two buses and walking about 500 meters, by 9 I arrived at my office in Pyrmont, which is a quiet, predominantly residential neighborhood with some great pubs. I spent the morning working on my ISP research. Usually I grab lunch at one of the local pubs or Thai restaurants with my coworkers, but today everyone brought their own lunch.  I have found that no one here eats lunch at their desk, unlike everywhere I have worked in the U.S . After a productive afternoon continuing my research and working on an educational campaign aimed to inform schoolchildren about copyright law, I headed home and changed into my gym clothes. I took the bus from Newtown to Bondi Beach, where I disembarked and began my 5 kilometer run along the Pacific Coast to Coogee Beach. The run is absolutely stunning, passing along the cliffs and through an incredible (and eerie) seaside cemetery. After arriving at Coogee, I ordered some locally caught fish, had it grilled in front of me, and brought it to the beach, where I ate facing the ocean, as the sun set behind me. I took the bus back to Newtown, where I drank a couple James Squires with my roommates and watched the Australian Open. Not a bad life, right?”

We should say not…

Updated HLS Speaks Video Content

0

We did a bunch more interviews of students and faculty members to add to the HLS Speaks page off the JD Admissions home page.  New categories of interview clips include: (1) Clinical & Pro Bono Programs; (2) Criminal Law & Justice; (3) Law, Business & Economics; (4) Negotiation & Conflict Resolution; (5) Constitutional Law & Policy; (6) Why Law School; (7) Law, Science & Technology; (8) Reading Groups & Small Seminars; (9) National Security & Terrorism; (10) Social & Gender Justice, Civil Rights; (11) Career Plans; and (12) Joint Degrees.

Please visit the link to HLS Speaks off the JD Admissions home page if you’re interested in these subjects.

HLS in the News Again: Crimson

0

I’m guessing most of you out there aren’t daily Crimson readers.  So you probably missed this nice piece on the latest happenings at HLS.

Judge Timothy Dyk on Patent Law

ø

Recently, Louis Ballezzi, a member of the Harvard Journal of Law & Techonology, submitted a blog entry on an event held by the organization.

“‘Judge Timothy B. Dyk of the Court of Appeals for the Federal Circuit addressed packed a lecture hall of law students recently. In an event sponsored by the Harvard Journal of Law & Technology, Judge Dyk discussed his experiences on the Federal Circuit, which is the appellate court charged with jurisdiction over several areas of law including patent jurisprudence.’

‘Judge Dyk explained his view of the Federal Circuit’s role in the federal system, including its unique common law function of interpreting patent laws. Following his speech, students engaged in a lively question and answer session with the accomplished jurist, whose career has included service in the Department of Justice, private practice, adjunct professorships, and clerkships for Chief Justice Warren and Justices Reed and Burton of the United States Supreme Court.’”

Since its inception in 1988, the Harvard Journal of Law & Technology (JOLT) has published writings by academics, practitioners, and policymakers on a variety of topics, including intellectual property, biotechnology, e-commerce, space law, computer law, cybercrime, the Internet, and telecommunications. JOLT is the most cited legal technology journal in the world. During the academic year, the JOLT hosts lectures, panel discussions, and an annual Symposium dedicated to promoting knowledge of technology and the law. This year, JOLT is pioneering a radical new online initiative that will bring together, in one place, all developments in the field of law and technology.

Webcast: Judge Timothy Dyk (48:53)

In the World of Digital Natives

1

Having just celebrated its tenth anniversary in April, the Berkman Center for Internet and Society kicked off its eleventh year by bringing together academics across disciplines, activists, and educators to discuss the potential of digital tools for civic engagement among young people. In a recent event held by the Digital Natives Forum, Professor John Palfrey prompted the panel with the question of how digital media tools can enable youths to motivate one another to create meaningful change.

Dr. Sunshine Hillygus, Director of the Harvard Program on Survey Research, framed civic engagement among youths in terms of capacity to get involved, motivation, and recruitment. “The most effective recruitment to vote comes from people we know, and new opportunities have been created to get people involved in the process,” she said. However, the expansion of instantaneous modes of communication has complicated the engagement process by making it difficult for parties to foment unified support among young voters.

Yet for Nasser Weddady, the Director of Outreach at Hands Across the Mideast Support Alliance (HAMSA), it’s not motivation that’s lacking but the freedom to overcome repressive systems that don’t allow for civic engagement. “Our problem at HAMSA is identifying vocal leaders to push reforms online and then of course, how do we transfer online energy into the real world?”

Likewise, Keli Goff, a political analyst on youth and minority voters, believes the internet has succeeded in youth unification. Author of Party Crashing: How the Hip-Hop Generation Declared Political Independence, Goff pointed to the nationwide outcry for the Case of the Jena 6 last year. “Before we get too pessimistic about the power of internet activism, the Case if the Jena 6 put the young black blogosphere on the map.” For Goff, the potential of the Obama campaign is the untold story of the pockets of voters banding together in a peer-to-peer movement.

One of the ways to enlist these “pockets,” suggested recent Yale-grad Paul Selker, is to empower first time voters to do meaningful service. The Director of Outreach and Communications at Obama Works, Selker has been working to “proudsource agency” among students looking to get involved and leave their mark on the cyberworld. “We want to folks to organize and what we give them in return is the prestige of having their own webpage on our site for their local chapters.”

Be sure to check out the Berkman Center’s Tuesday Lunch Series!

Millennial Activism in the Connected Age

1

For anyone who works regularly with students, the fault lines of social change are distinct and become slowly visible over a period of just a few years. Having been out of college now for a decade, the ways in which students engage their professors, their parents, and with each other on political issues has become almost entirely digitized. To speak to these issues, the Berkman Center for Internet and Society recently invited social entrepreneur Allison Fine to discuss Millennials, a group she defined as people aged 15-29 who practice a nascent model of civic participation that combines immersion in social causes, idealism, and digital fluency.

“We’ve reached an age where the definition of citizen is being changing… to social citizen,” Fine said. As the number of Millennials surpasses that of Baby-Boomers, the public policy are not yet clear. In a recent study that researched Millennial relationships across a vast cyber network that included Facebook, Fine determined that Millennials have converted the tools of democracy into digitized form. “Young folks are drawn to corporations as consumers, they look for social responsibility among companies, and they are extremely drawn to causes,” she reported. “Interestingly and overwhelmingly, Millennials are not drawn to government or public policy, though the current presidential campaign has instigated an enormous amount of interest.”

Fine then posed several questions on the direction of social change. After noting the hesitation of young citizens to engage in the public policy “offline”, Fine suggested that there was a need to transport the impetus for social change from a solely online phenomenon. “It’s just fundamentally different from last century… Will Millennials engage in public policy and government beyond electoral campaigns? Can we break the ‘bubble culture’ of online social networks and create dialogue across networks?”

In response, several roundtable members questioned whether the growing lack of interest in government wasn’t arising out of a generation raised in an era in which Washington has been ignored as a means to achieve anything. “They see how little of their parents’ activism paid off in the 60s, and they’re committed to doing otherwise,” one student posited. Others feel that public schools are shying away from promoting government and policy advocacy to keep issues from “blowing up in their faces.” “It’s just easier to promote Habitat for Humanity… civic education has been replaced by volunteerism.”

Log in
Protected by AkismetBlog with WordPress