Harvard Law School and Ravel Law Collaborate to Improve Access to the Common Law

printerBy Carlie Bacon

The technological age has transformed the once-useful volumes lining the walls of law firms and libraries into decorative dust-collectors. Just like this blog post, the information in those books can be accessed from anywhere that you can check your email. Law is widely regarded as a conservative profession, but even so, modern attorneys and law students conduct legal research online. Why turn page after page at a desk somewhere, when you can scroll through seamless documents from the comfort of, well, anywhere?

Companies like Westlaw and LexisNexis offer access to enormous electronic databases and handy research tools, but at a cost. Subscription fees can total millions of dollars annually for large firms. Like those shelves full of books, commercial databases’ days may be numbered too. Continue reading

A Digital Library of Alexandria: Google Books Remains Fair Use

simple-design-cute-home-library-shelving-units-home-depot-shelving-home-library-shelving-highlights-790x592By Sam Hampton

In the latest development in a decade long case, the Second Circuit ruled on October 16th that Google Books was fair use and did not violate book copyrights. The service provides fully searchable digital versions of over 20 million books. This tally includes copyrighted work; additionally, the full text of many books in the public domain that have been digitized. The service works with the Google Books Library Project, which partners with major libraries to digitize the volumes; the project’s goal is “to create a comprehensive, searchable, virtual card catalog of all books in all languages.”

The lawsuit was initiated in September 2005 by a number of copyright owners, as well as the Authors Guild, a nonprofit that supports authors. Google defended its service under the fair use doctrine. The District Court granted summary judgment in Google’s favor in November 2013, from which the appeal followed. Continue reading

U.S. Internet Giants (Probably) Hit Hard By European Safe Harbor Privacy Ruling

privacyBy Brooks Lindsay

The European Court of Justice ruled on October 6 to scuttle a 15-year data-transfer pact with the United States. This pact provided a “safe harbor” to over 4,000 transatlantic U.S. companies that claimed to satisfy “adequate” data-protection standards under European law. The “safe harbor” principles allowed U.S. companies operating in Europe, like Facebook and Google, to gather the private information of European citizens and transfer that data to U.S.-based servers, so long as those companies self-certified that they complied with the E.U.’s “adequacy” standards for privacy protection. The European court decided that these principles violated Europeans’ rights to privacy because they allowed American government authorities to gain easy access to Europeans’ online information through U.S.-located databases.

The Court’s ruling is in many ways a reaction to revelations over the past few years of U.S. government mass-surveillance programs, highlighted most poignantly by Edward Snowden’s leak in 2013. The Court’s ruling is based in large part on the premise that the U.S. government and U.S. companies can no longer credibly certify that they are protecting Europeans’ privacy and meeting Europe’s baseline data-protection standards. Continue reading

The UK Orders Google to Remove Links to “Right to be Forgotten” Stories

google_img By Juliya Ziskina

The United Kingdom’s Information Commissioner’s Office (ICO) has ordered Google to remove search results linking to news stories about the removal of information under the 2014 “right to be forgotten” ruling. Under the “right to be forgotten” ruling, Europeans who feel they are being misrepresented by search results that are no longer accurate or relevant—for instance, information about old financial matters, or misdeeds committed as a minor—can ask search engines like Google to delink the material. If the request is approved, the information will remain online at the original site, but would no longer come up under certain search engine queries.

Google had previously removed links relating to an offense committed by an individual almost 10 years ago. At the time, the individual had requested removal of the links under the “right to be forgotten” ruling. Several publications produced news stories detailing this removal request, and it became a news story in itself. Google retained links to those articles, and they still appeared in the search results for the individual’s name. The individual complained—and now the ICO has ordered Google to remove the newer articles. Google refused to remove links to these later articles, which included details of the original criminal offense. Google argues that these articles are an essential part of a broader news story about the “right to be forgotten,” and that the articles are in the public interest.

Google faces criminal charges and financial sanctions if it does not comply with the ICO’s order. These criminal consequences and fines may have a dire effect on Google’s ability to freely distribute information.

The “right to be forgotten” ruling gives European nations a mechanism to censor legal information and web pages. Not only does the ICO want to invoke the right to be forgotten, but it also wants to erase evidence that it implemented the policy. The EU designed this law to protect privacy, but these new developments are an unsettling new leap into government censorship.

However, Europeans can still use American Google to get uncensored information. European governments cannot force Google to alter results on its American search engine. The “right to be forgotten” ruling restricts Google.co.uk, but leaves Google.com untouched. European governments may eventually try to patch this hole. But for now, the right to be forgotten disappears at the American border.

Image Source: http://searchengineland.com/google-right-to-be-forgotten-form-192837.

Will Google’s Patent Purchase Promotion Foster Innovation?

patent By Cheryl Lee

Some believe the US patent system is being used to curb innovation, handicap inventors and drain corporate resources in lengthy litigation that cripples competition rather than being used to drive innovation. Many US legislators believe that patent ‘trolls,’ the non-practicing entities that purchase patents and pursue infringement litigation, threaten America’s economy and ability to innovate. In response to the patent trolls, Representative Bob Goodlatte (R-VA), along with 27 cosponsors, introduced the anti-troll legislation, H.R. 9 – Innovation Act in February, 2015.

However, the US Congress is not the only entity that wishes to solve the problems within the patent system. On April 27, 2015, Google announced the ‘Patent Purchase Promotion,’ an experimental marketplace inviting owners to directly sell their patents. Google stated that bad things such as lawsuits and wasted efforts happen when smaller participants sometimes end up working with patent trolls. Therefore, the Patent Purchase Promotion is Google’s attempt to “remove friction from the patent market” and “help improve the patent landscape and make the patent system work better for everyone.” The Patent Opportunity Submission Portal opened from May 8 – 22, 2015 for patent holders to submit information to Google about the patents they wanted to sell and at what price. Continue reading