Publications

The Berkman Center has established the premier series of scholarly publications on matters related to the Internet, law, and society, known as the Berkman Publication Series, which is jointly published with the Social Science Research Network (SSRN).

Below is a selected list of these works, which includes scholarly papers as well as books, written by Berkman faculty and fellows. To be notified when new reports are added to this list, sign up for our reports release email list.

(For additional writings and blog posts from Berkman community members and projects, which are not included in this series, see our aggregated community blog feed.)

Jurisdiction

Internet Law Series

This casebook explores Internet Law as a coherent if organic whole — integrating the historical sweep of the global Internet’s development with both the opportunities and problems it has brought about. The book is broad and thorough enough to be the primary or sole text for a variety of Internet-related courses, while deep enough to bring students through the important nuances of such doctrinal topics as copyright, privacy and jurisdiction without assuming any particular prior exposure to these subfields.

Authored by
  • Jonathan Zittrain

31 Jul 2005

Technological Complements to Copyright

Internet Law Series

This volume is devoted to exploring the technological, legal, and policy issues arising from widespread unauthorized copying of copyright material. The book explains the history of "trusted systems" that permit publishers to control how the public relates to their materials and assesses the likelihood that such systems can come into common use. Legal and policy choices that are designed to encourage the development of such systems are discussed, along with the implications for the future of both information technology and intellectual property law.

Authored by
  • Jonathan Zittrain

31 Jul 2005

iTunes: Some Observations After 500 Million Downloaded Songs

This document takes yet another look at the iTunes Music Store. In contrast to previous studies, however, it does not intend to provide a thorough follow-up analysis of the specific interactions between markets, technology, norms, and the law, nor does it seek to describe the Post-Grokster digital music landscape in greater detail. Rather, it seeks to share some observations that one might find interesting from a business, legal, or policy perspective.

Authored by
  • Urs Gasser
  • Gabriela Ruiz Begue

31 Jul 2005

Internet Filtering in Singapore in 2004-2005: A Country Study

The Republic of Singapore is an economic leader in Southeast Asia, with a vibrant information and communications technologies sector; however, the state maintains strong formal and informal controls over the information to which its citizens have access. Compared to other countries that implement mandatory filtering regimes that ONI has studied closely, though, Singapore's technical filtering system is one of the most limited.

Authored by
  • OpenNet Initiative

31 Jul 2005

Tagging and Why It Matters

Tagging has become the latest craze among the digerati. While it certainly has been hyped, there are reasons to think it is not only going to go mainstream, it will have effects beyond the realm of mere digital convenience.

Authored by
  • David Weinberger

12 May 2005

Internet Filtering in China in 2004-2005: A Country Study

China's Internet filtering regime is the most sophisticated effort of its kind in the world. Our testing found efforts to prevent access to a wide range of sensitive materials, from pornography to religious material to political dissent. Chinese citizens seeking access to Web sites containing content related to Taiwanese and Tibetan independence, Falun Gong, the Dalai Lama, the Tiananmen Square incident, opposition political parties, or a variety of anti-Communist movements will frequently find themselves blocked.

Authored by
  • OpenNet Initiative

13 Apr 2005

Internet Filtering in Iran in 2004-2005: A Country Study

Iran has adopted one of the world's most substantial Internet censorship regimes. As this report demonstrates, Iran's sophisticated Internet censorship regime is part of a trend that the OpenNet Initiative's research has uncovered toward states focusing on blocking expression in local languages, such as Farsi, and with a particular view toward clamping down on what can be published through inexpensive and popular applications, such as weblogs.

Authored by
  • OpenNet Initiative

1 Apr 2005

Amicus Brief: MGM vs. Grokster (Supreme Court Case No. 04-480)

In Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417 (1984), this Court held that the manufacture and distribution of technology that is sometimes used to engage in copyright infringement does not give rise to secondary liability so long as the technology in question is “capable of substantial noninfringing uses.”

Authored by
  • Jonathan Zittrain
  • William Fisher
  • John Palfrey

1 Mar 2005

NetDialogue: A Mechanism to Promote Transparency and Public Dialogue in International Net Governance

In WGIG terms, the Net Dialogue website introduced here is a tool to shed light on how international organizations are dealing with the issue of “applicable jurisdiction and cross border coordination” in international Net* governance. Available in English (EN), Chinese (ZH), and Arabic (AR).

Authored by
  • Mary Rundle

1 Feb 2005

Content and Control: Assessing the Impact of Policy Choices on Potential Online Business Models in the Music and Film Industries

The online environment and new digital technologies threaten the viability of the music and film industries' traditional business models. The industries have responded by seeking government intervention, among other means, to protect their traditional models as well as by developing new models specifically adapted to the online market. This paper seeks to support policymakers' decision making by delineating the potential consequences of policy actions in these areas.

Authored by
  • John Palfrey
  • Derek Bambauer
  • Urs Gasser
  • Derek Slater
  • Meg Smith

7 Jan 2005

Copyright and Digital Media in a Post-Napster World: International Supplement

This Supplement to the White Paper focuses on international legal issues. It considers developments regarding copyright and related rights in jurisdictions outside the United States against the backdrop of earlier Digital Media Project works that reviewed the interplay among law, technology and the business ecosystem.

Authored by
  • Urs Gasser
  • Mike McGuire

2 Jan 2005

Illegal Internet Networks in the Developing World

In this essay, I outline the primary economic and technical underpinnings of illegal Internet networks and describe their most frequent applications. I then discuss the potential security issues posed by illegal Internet networks, and the potential legal intercept implications of a shift away from a US-centered governance of the Internet to one dominated by the UN I conclude by assessing the impact the WTO and other sources of pressure from the international community may have on the future of illegal Internet networks in developing countries.

30 Dec 2004

Transposing the Copyright Directive: Legal Protection of Technological Measures in EU-Member States

The EU Copyright Directive (EUCD) entered into force on June 22, 2001. The directive is aimed at harmonizing the divergent European copyright regimes and at transposing the WIPO treaties. However, several member states have not yet implemented the EUCD over one and a half years after the process should have been completed. This paper asks whether and why Genie is stuck in the bottle.

Authored by
  • Urs Gasser
  • Michael Girsberger

1 Nov 2004

Why DRM Should Be Cause for Concern: An Economic and Legal Analysis on the Effect of Digital Technology on the Music Industry

In response to piracy and online file trading, the music industry has begun to adopt technological measures, often referred to as digital rights management (DRM), to control the sale and distribution of music over the Internet. Previous economic analysis on the impact of DRM implementation has been overly simplistic.

Authored by
  • Paul Petrick

1 Nov 2004

The Torts Game

Defending Mean Joe Greene

Use this short secondary text with any torts casebook to give your students a demonstration of the practical dimensions to tort law alongside the doctrine they are already learning. The Torts Game is ingeniously designed to engage student interest as it reviews key topics.

Authored by
  • Jonathan Zittrain

14 Aug 2004

PromisestoKeep_Fisher_resized.jpg

Promises to Keep

Technology, Law, and the Future of Entertainment

Promises to Keep: Technology, Law, and the Future of Entertainment by, William W. Fisher III

Authored by
  • William Fisher

12 Aug 2004

Berkman Briefing: Averting the Internet Meltdown

The eye-catching conference title, Preventing the Internet Meltdown, brought a number of experts and Internet pioneers to Los Angeles recently to discuss the future of the Internet. The conference focused on one central question: is the Internet really on the verge of collapse from the weight of federal, international, and commercial regulation? Read the latest Berkman Briefing, Averting the Internet Meltdown to find out what the experts had to say.

Authored by
  • Mary Bridges

11 Aug 2004

iTunes: How Copyright, Contract, and Technology Shape the Business of Digital Media - A Case Study

This paper provides an analysis of Apple’s iTunes Online Music Store. The exploratory case study presented in this document is research in progress. Comments and questions are encouraged. The paper analyzes relevant law to achieve deeper understanding of current shifts in the digital media landscape, but does not provide legal advice.

Authored by
  • John Palfrey
  • Derek Bambauer
  • Urs Gasser
  • Jackie Harlow
  • Derek Slater
  • Ivan Reidel
  • Renny Hwang
  • Charles Hoffman
  • Georg Krog
  • Stephen Mohr
  • C. Lee Wilson
  • Andrew Bragin
  • Joseph Jackson
  • Edward Locke

14 Jun 2004

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