Amicus Brief in Doe v. GitHub
On behalf of sixteen intellectual property law professors, the Samuelson Clinic drafted and filed an amicus brief in Doe v. GitHub to provide expert analysis of the purpose and scope of Section 1202 of the DMCA. The brief clarifies that Section 1202 was designed to deter digital piracy of perfect copies of works and should be limited to identical copies, not those that are merely substantially similar as the plaintiffs claim.
Amicus Brief in Hachette v. Internet Archive
On behalf of three nonprofit organizations, the Samuelson Clinic drafted and filed an amicus brief highlighting the importance of preserving long-standing reader privacy protections in the digital age. Reader privacy, critical to democratic participation, has long been safeguarded by libraries but is under threat by commercial e-book vendors’ intensive tracking of readers’ habits.
Amicus Brief in American Society for Testing and Materials v. Public.Resource.Org
On behalf of intellectual property law professors, the Samuelson Clinic drafted and filed an amicus brief explaining why the noncommercial reproduction of privately developed standards incorporated by reference into federal regulations is fair use.
Valancourt Books, LLC v. Merrick B. Garland Amicus Brief
On behalf of library associations, the Samuelson Clinic drafted and filed an amicus brief explaining the role of the Copyright Act's deposit requirement in supporting the mission of the Library of Congress and the purposes of copyright.
Amicus Brief in Green v. Department of Justice
On behalf of professors Rebecca Tushnet (Harvard Law) and Pam Samuelson (Berkeley Law), the clinic helped to draft an amicus brief in Green v. DOJ. The brief argues that the DC Circuit should hold that Section 1201 of the Digital Millennium Copyright Act should be subject to strict scrutiny under the First Amendment. Section 1201 blocks access to information and alters the traditional balance between copyright law and free speech. Content-based exceptions, both in 1201 itself and through the triennial review process created by Section 1201, mean the court should subject the statute to strict scrutiny.
Consumers Union Amicus Briefs
Amicus briefs on behalf of Consumers Union.
Amicus Briefs in Kelly v. Arriba Soft
Amicus briefs filed on behalf of Google in Kelly v. Arriba Soft.
Amicus Brief in Hepting v. AT&T
Samuelson Clinic filed amicus brief in Hepting v. AT&T on behalf of People for the American Way Foundation.
Amicus Briefs in Eldred v. Ashcroft
Two Supreme Court amicus briefs filed in Eldred v. Ashcroft.
Amicus Brief in FOX News Network and TVEyes, Inc.
Amicus brief filed on behalf of the Internet Archive, various library associations, and the Society of American Archivists arguing that preserving ephemeral media and making television content available for public access constitutes fair use and promotes public discourse and political accountability.