The Center for Internet and Society at Stanford Law School is a leader in the study of the law and policy around the Internet and other emerging technologies.
On August 30, 2016, the Patent Office issued U.S. Patent No. 9,430,468, titled; “Online peer review and method.” The owner of this patent is none other than Elsevier, the giant academic publisher. When it first applied for the patent, Elsevier sought very broad claims that could have covered a wide range of online peer review. Fortunately, by the time the patent actually issued, its claims had been narrowed significantly. So, as a practical matter, the patent will be difficult to enforce.
This blog has, to date, primarily focused on the qualities of networked information technologies and regulatory responses to them – in particular qualities that raise issues of privacy and free expression. This installment of “Tool Without a Handle” looks at the qualities that render these tools influential on artistic and political discourse. In this first part, I will look at one particular quality: searchable text.
The searchability of digital content may contribute to confirmation bias and the “filter bubble” phenomena. A pre-conceived preference as to what news or information is desired can be easily bolstered with references found via targeted searches. At the same time, a distinct value of search technology is that it has enabled a vast number of entertainment and creative works to find audiences. A library of programming the size of Netflix or YouTube is simply not navigable with the rotary dials that graced the television set of my childhood.
Internet case-law of the ECtHR will soon be enriched. Magyar Jeti Zrt v Hungary is a new important pending case. It concerns liability for hyperlinks in the domestic defamation law and its compatibility with freedom of expression.
I’m told that August is a slow month in D.C., but there is nevertheless policy drama in the air for the telecommunications and copyright nerds among us. I blogged last week about the battle currently being waged over the FCC’s effort to introduce competition into the market for cable set-top boxes—a market currently controlled by cable companies to the tune of about $20B a year.
The State of Washington has undertaken a series of efforts around cyber security that are unique, noteworthy, and potentially of interest to other state and local governments. First and foremost, Washington has made an important conceptual choice, centering its efforts within the broader discipline of emergency management.
In 2013, in a lecture at Columbia University, Register of Copyrights Maria Pallante announced an ambitious vision for the “Next Great Copyright Act.” That vision appropriately included a prominent role for the Copyright Office in helping policy makers work through some difficult issues relating to copyright and evolving technologies.
Amidst an economic and political turmoil, Brazil gave a significant step towards protection of network neutrality – the principle that keeps the Internet an open space, free from undue control by Internet service providers (ISPs). A Presidential Decree issued right before Dilma Rousseff was temporarily removed from power on May 10 consolidates the regime established by the Marco Civil – a Federal Statute known as the “Internet Bill of Rights” in Brazil - and brings clarity to the application of meaningful rules that may effectively preserve network neutrality.