Institute for Information Law and Policy

The Institute for Information Law and Policy is New York Law School's home for the study of law, technology and civil liberties. Participants in the Institute aim not only to understand the interplay of law and technology but to influence its development. The Institute develops and applies theories of information and communication to analyze law and policy. It also seeks to design new technologies and systems that will best serve democratic values in the digital age.

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Institute Blog

• Institute Student Research Fellow Awarded Scholarship in the Field of Copyright Law

  The Institute for Information Law & Policy is proud to congratulate Joseph Merante on the award of the Victor Herbert Scholarship. The scholarship is awarded to a student who has a background in the creative or performing arts, or business relating to these areas, and intends to practice in the field of copyright law. 

  Joseph is a second year law student at New York Law School and works as a Student Research Fellow here at the Institute. Mr. Merante holds a B.A. in Music from Berklee College of Music. After continuing for two years with the company he co-founded after college, he moved home to New York to attend law school. 

• US Chamber of Commerce Recommends Peer-to-Patent

  On October 24, the US Chamber of Commerce released its Recommendations for Consideration by the Incoming Administration Regarding the US Patent and Trademark Office. In it, the CoC recommends instituting peer review in the patent examination process:
  

  The PTO should expand the "peer-to-patent" pilot program. The PTO has established a peer-to-patent pilot project to elicit input from members of the public and industry on the patentability of pending patent applications. While Congress has yet to enact into law expanded rights of third parties to submit prior art with commentary in published patent applications, expansion of the voluntary peer-to-patent project to all fields of technology is warranted to enhance examination quality.

  The report went on to recommend that the PTO openly invite and consider new approaches from industry and academia to enhance patent quality, namely, to:

  Encourage suggestions for new techniques such as "peer-to-patent" and mining of non-confidential PTO data to develop new approaches to enhance patent quality.

  The report can be downloaded in its entirety here.

• Patent Law Program Hosts Lecture on Business Method Patents by Leading Expert Jeffrey S. Dickey ('90)

  On October 21, Jeffrey S. Dickey ('90), gave an engaging lecture to the Patent Law Program concerning the state of business method patents. The lecture traced business method patent jurisprudence beginning with the Federal Circuit's seminal State Street Bank decision. Mr. Dickey identified the numerous tests developed by the Federal Ciruit, and at times USPTO, to determine under what conditions a business method falls under the umbrella of patentable subject matter through 35 U.S.C. 101. The lecture ended with the current state of business method patents in light of In re Comiskey and the highly anticipated In re Bilski decision yet to be issued by the Federal Circuit. Mr. Dickey provided a practical perspective, highly beneficial to all up and coming patent attorneys in attendance, as to the difficulty and value of patenting a business method that encompasses a consumer experience.

  Jeffrey S. Dickey is a partner at Lerner David Littenberg Krumholz & Mentlik LLP in Westfield, NJ. His practice encompasses all areas of intellectual property law with a particular emphasis in licensing and the computer hardware and software arts. He has handled numerous intellectual property transactions and has an in-depth expertise in obtaining patents to protect business methods, computer hardware and computer software. Mr. Dickey has been recognized as a “go to” lawyer by Corporate Counsel magazine for his intellectual property expertise. Mr. Dickey is a magna cum laude graduate of New York Law School, where he was Executive Editor of the New York Law School Law Review. His undergraduate studies were performed at Rutgers University, where he received a B.S. in Electrical Engineering.

• Prof. James Grimmelmann presents "Copyright, Technology, and Access to the Law" at Princeton University

  On October 1, 2008, Professor James Grimmelmann gave a presentation titled "Who Owns the Law?" at Princeton University's Center for Information Technology Policy. The topic was Professor Grimmelmann's recent publication titled "Copyright, Technology, and Access to the Law," which analyzes recent uses of copyright law as a threat to those who publish "the law" online and suggests some ways toward a better future.

  A video of Professor Grimmelmann's presentation has been posted on the CITP website, link below.
  http://citp.princeton.edu/events/lectures/james-grimmelmann/

• Prof. James Grimmelmann on Open Access Law

  Professor James Grimmelmann recently spoke with WorldChanging about the Open Access Law project and his recent publication titled "Copyright, Technology, and Access to the Law."

  Professor Grimmelmann's interview can be found here.
  

  WorldChanging, solutions-based online magazine, covers innovative ideas for building a better future and aims to connect people looking to make a positive change in the world. 

  For more information about the Open Access Law Project, please visit the DoTank site.

• Prof. James Grimmelmann on "Worlds Colliding"

  On October 31 and November 1, Professor James Grimmelmann will participate in a Symposium titled When Worlds Collide: Intellectual Property at the Interface Between Systems of Knowledge Creation at Fordham Law School in New York City. The Symposium will discuss how intellectual property law doctrines should address the interface between commercially driven innovation and other social systems of knowledge creation.

  Professor Grimmelmann’s presentation is tentatively titled "The Ethical Visions of Copyright Law.”

  When Worlds Collide: Intellectual Property at the Interface Between Systems of Knowledge Creation
  When: October 31, 2008 9:00 AM – 5:30 PM and November 1, 2008 9:00 AM – 3:00 PM
  Where: Fordham Law School, 140 West 62 Street, New York, NY

  The symposium is Free and Open to the Public!

  To register click here.

  For more information on the symposium, please visit Professor Michael Madison's IP & IT Conferences blog.

• NYLS Students Serena Lai, Vivian Tseng, and Coleman Watson named as Law Student Editors to ABA-IP Section

  The ABA Section of Intellectual Property Law is producing a new, flagship publication, Annual Review of Intellectual Property Law Developments, covering the year's top developments in Intellectual Property Law. The inaugural publication to debut in January 2009 presents a unique opportunity for law student members to become published. Three NYLS students, Serena Lai, Vivian Tseng, and Coleman Watson have been named as Law Student Editors to the Annual Review of Intellectual Property Law. Of the 100+ applications nationally, only thity-one students received invitations.

  In addition to legal developments identified throughout the ABA year by the Section's committees, the Annual Review will include select case summaries from past issues of the Section's IPL Newsletter. Each editor will be recognized as a contributor in the Annual Review. Thus, this is a rare, journal-like opportunity for law student members to become published, better informed about intellectual property law, and engaged with leadership of the ABA-IPL Section.

  Applications to become a Law Student Editor are released during the early fall semester each year by the Chair of the Annual Report Editorial Board. The 2008-09 Chair is George W. Jordan III, Fulbright & Jaworski LLP. Future inquiries concerning Law Editor inquiries should be emailed to ANNUALREPORT@mail.abanet.org.

• Prof. David Johnson Part of NYC Panel on Attorney Social Networking

  On Wednesday, September 17, 2008, the Metropolitan New York chapter of the Legal Marketing Association will present “Web 3.0 Attorney Social Networking: The Next ‘Next’ in Online Business Development and Client Service.”

  The three speaker panel, which includes Professor David Johnson of New York Law School, will speak on emerging technologies that provide an interactive experience and allow attorneys to create networks of connections and information, strengthen attorney-client relationships, and foster collaborative efforts between law firms and in-house legal departments. Legal journalist and leading authority on law and the web Robert Ambrogi will moderate the panel.

  More information here.

• Leading Internet Expert Clay Shirky Looks to Prof. David Johnson for Answers

  How can the networked world tackle the real world global environmental crisis?  Clay Shirky, a leading thinker on the social and economic effects of Internet technologies, asks, “Is there someone working on the problem of translating thought into action in a way that all members of the group can agree on?”  The answer may be yes, and it may be happening here at New York Law School.

  In a recent talk with WIRED Science entitled “A Wiki for the Planet: Clay Shirky on Open Source Environmentalism” Shirky discussed the need for new legal and social structures to solve the difficulties leaderless groups face when turning their thoughts into actions.  Shirky named New York Law School Professor David Johnson as someone who may be able to provide a solution that enables collective action. “Who's out there that's thinking about the structural difficulties of turning thought into action? I know it's not me. I wish it was. It may be David Johnson at New York Law School [creator of Do Tank, Democracy Design Workshop]. Whoever gets that right is going to be providing the key thing that's missing right now.”

  Read the full article here.

• Professor Beth Noveck among Leading Women in Politics, Technology, Policy

  The Political Voices of Women, a blog featuring opinion and commentary from over 400 female political bloggers, has named Beth Noveck to their list of "Women Leading in Politics and Technology or Policy."  From the site: "We hope this list will become a living document with changes added as we receive updates and new information, and we expect this list will grow."  To see the list click here.