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This is a Berkman Klein alum page. The information below may be out of date.

Phil Malone is a Clinical Professor of Law at Harvard Law School and the Director of the Law School’s Cyberlaw Clinic at the Berkman Center.  Phil joined the Center in September, 2004 as a co-director of the Clinical Program; in the years since, he and his clinical colleagues have built the Clinic into one of the leading entities of its kind in the country.

As a Clinical Professor, Phil will once again teach in the 2009-10 academic year his fall Practical Lawyering in Cyberspace seminar as well as two spring seminars, Cybercrime and Antitrust, Technology and Innovation. He also teaches a Freshman Seminar at Harvard College, Cyberspace in Court: Law of the Internet.

Phil came to the Berkman Center after a little over 20 years as a federal prosecutor with the Antitrust Division of the U.S. Department of Justice, where he directed numerous civil and criminal investigations and prosecutions. Most of his DOJ experience over the past 10 years focused on high-technology industries, the Internet and computer software and hardware. Beginning in 1996 Phil was lead counsel in the DOJ's investigations of Microsoft, and he was the primary career counsel, along with outside counsel David Boies, in the trial of U.S. v. Microsoft Corp.(D.D.C). Before leaving the Justice Department he was one of the lead lawyers in the government's antitrust case against Oracle Corp. Phil first became involved with the Berkman Center during the 2001-2003 academic years when he was the Victor H. Kramer Fellow at HLS. His research then focused on legal approaches to encouraging and preserving innovation in high-tech industries, evolving competition policy in the computer industry, and the use of technology in discovery and litigation.

Phil graduated long ago from Harvard College and the University of Arizona College of Law.  When he is not at the Berkman Center he can often be found around Harvard's Quincy House, where he and his wife Luci are resident tutors and kids Celia and Zulie are resident entertainment.


Projects & Tools

Harvard Open Access Project

The Harvard Open Access Project (HOAP) fosters the growth of open access to research, within Harvard and beyond. More

Digital Media Law Project

Founded in 2007 as the "Citizen Media Law Project," the Digital Media Law Project (DMLP) works to ensure that individuals and organizations involved in online journalism and… More

Internet Law Program (iLaw)

Taught by world-renowned experts in the field, the Berkman Klein Center’s Internet Law Program addresses the most pressing cyberlaw issues being debated by lawmakers in the U.S… More


Publications

Feb 2, 2011

Foundation Funding: Open Licenses, Greater Impact

To achieve the most impact and the greatest good with the money they invest, foundations seek to ensure the broadest dissemination and greatest, most productive and innovative use… More

Jul 29, 2010

Best Practices in the Use of Technology to Facilitate Access to Justice Initiatives

Preliminary Report

The Cyberlaw Clinic undertook this study to help the Massachusetts Trial Court work toward a comprehensive, holistic strategic plan for maximizing technology’s role in the Access… More

Aug 16, 2009

An Evaluation of Private Foundation Copyright Licensing Policies, Practices and Opportunities

This project undertook to examine the copyright licensing policies and practices of a group of twelve private foundations. In particular, it looked at the extent to which… More

Dec 15, 2005

Amicus Brief: Commonwealth of Massachusetts v. Michael E. Bryant

For the reasons set forth above, amici respectfully urge this Court not to take the unprecedented and extremely disruptive step of expanding the application of Section 3A’s seven… More

Nov 24, 2004

Christopher Lamparello v. Jerry Falwell and Jerry Falwell Ministries; Lamparello Brief

For the foregoing reasons, amici curiae intellectual property law faculty respectfully request that this Court reverse the District Court’s grant of summary judgment in favor of… More

Nov 2, 2004

Amicus Brief: Bosley Medical Institute Inc. v. Michael Steven Kremer

For the foregoing reasons, amici curiae intellectual property law faculty respectfully request that this Court uphold the District Court’s grant of summary judgment in favor of… More


News

Jul 1, 2013

Berkman Center for Internet & Society and Harvard Law School Announce a Reconfiguration of the Berkman Cyberlaw Clinic

The Berkman Center for Internet & Society and Harvard Law School are pleased to announce the promotion of Christopher T. Bavitz to the role of Managing Director of the Cyberlaw… More

Jun 9, 2010

Law.gov workshops on June 17 and 18

Registration is open!

Next Thursday (6/17) and Friday (6/18) the Harvard Law School Library and the Berkman Center for Internet & Society will host two workshops focused on the Law.gov initiative, a… More

Aug 27, 2009

Open content licensing for foundations?

The Berkman Center is pleased to announce the release of a new study undertaken in collaboration with the Hewlett Foundation, the Ford Foundation, and the Open Society Institute: … More

Jul 15, 2009

Berkman Team Submits Follow-Up to DMCA Exemption Request

Berkman Student Fellow Christopher Soghoian, assisted by Harvard Law School’s Cyberlaw Clinic, recently submitted responses to questions from the U.S. Copyright Office regarding… More

May 7, 2009

Harvard Team Advocates for DRM Exemption at Copyright Office DMCA Hearing

Berkman Center Student Fellow Christopher Soghoian testified yesterday at a Copyright Office hearing in Washington, DC, in support of his requests for exemptions from the Digital… More

Dec 3, 2008

Berkman Fellow teams up with Cyberlaw Clinic to submit DMCA request

Berkman Fellow Chris Soghoian writes on Surveillance State, his CNET blog: "A team from Harvard's Berkman Center...has requested an exemption [to the DMCA] that, in the event that… More

May 13, 2008

Upward!

Phil Malone promoted to Clinical Professor at Harvard Law

The Berkman Center heartily congratulates Phil Malone on his promotion to Clinical Professor of Law. Phil is no stranger to the Center; he has been the director of our Cyberlaw… More

Mar 17, 2008

Cyberlaw Clinic update

online gaming patent reexamination request granted

At the beginning of February, Berkman Cyberlaw Clinic Director Phil Malone reported that the Electronic Frontier Foundation had formally challenged a bogus online gaming patent --… More


Courses

Cybercrime - Spring 2013

This seminar will explore how technology, and the social and cultural changes it has brought about, challenge our traditional approaches to criminal law and procedure, in… More

Cyberlaw Clinic - Spring 2013

The Cyberlaw Clinic, based at the Berkman Center for Internet & Society, engages Harvard Law School students in a wide range of real-world licensing, client counseling, advocacy,… More

Government Lawyer: United States Attorney Clinic - Spring 2013

The Government Lawyer clinic allows students to examine firsthand the roles and responsibilities of a federal prosecutor. More

Antitrust, Technology and Innovation - Spring 2013

This seminar will take a detailed and critical look at the unique challenges to existing antitrust doctrine and enforcement presented by such cases. More

Cyberlaw Clinic - Winter 2013

The Cyberlaw Clinic, based at the Berkman Center for Internet & Society, engages Harvard Law School students in a wide range of real-world licensing, client counseling, advocacy,… More

Freshman Seminar 43z: Cyberspace in Court: Law of the Internet - Fall 2012

This seminar will consider how some of the most important and intriguing collisions of interests in the online space have played out or are playing out now in lawsuits in the… More

Cyberlaw Clinic - Fall 2012

The Cyberlaw Clinic, based at the Berkman Center for Internet & Society, engages Harvard Law School students in a wide range of real-world licensing, client counseling, advocacy,… More

Practical Lawyering in Cyberspace - Fall 2012

This course will explore the complex challenges of effectively representing clients in a wide variety of intellectual property, technology and internet-related disputes. More

Cybercrime: Seminar - Spring 2012

This seminar will explore how technology, and the social and cultural changes it has brought about, challenge our traditional approaches to criminal law and procedure, in… More

Practical Lawyering in Cyberspace: Seminar - Fall 2011

This course will explore the complex challenges of effectively representing clients in a wide variety of intellectual property, technology and internet-related disputes. More

Freshman Seminar, Cyberspace in Court: Law of the Internet - Fall 2011

This seminar will consider how some of the most important and intriguing collisions of interests in the online space have played out or are playing out now in lawsuits in the… More

Antitrust, Technology and Innovation: Seminar - Spring 2011

This seminar will take a detailed and critical look at the unique challenges to existing antitrust doctrine and enforcement presented by such cases. More

Cybercrime Seminar - Spring 2011

This seminar will explore how technology, and the social and cultural changes it has brought about, challenge our traditional approaches to criminal law and procedure, in… More

Practical Lawyering in Cyberspace: Seminar - Fall 2010

This course will explore the complex challenges of effectively representing clients in a wide variety of IP, technology and internet-related disputes. This seminar is… More

Freshman Seminar 43z. Cyberspace in Court: Law of the Internet - Fall 2010

How collisions of interests in online space play out in lawsuits or in proposals before legislatures. This course examines broad questions of social and technology policy through… More

Antitrust, Technology and Innovation: Seminar - Spring 2010

Many of the most exciting and challenging recent developments in antitrust law have arisen in cases involving innovative technology industries such as the Internet, computer… More

Cybercrime: Seminar - Spring 2010

This seminar will explore how technology, and the social and cultural changes it has brought about, challenge our traditional approaches to criminal law and procedure, in… More

Freshman Seminar 43z. Cyberspace in Court: Law of the Internet - Fall 2009

Examines broad questions of social and technology policy through the lens of law and specific lawsuits. More

Practical Lawyering in Cyberspace: Seminar - Fall 2009

Using a variety of cyberlaw-related case studies drawn from recent legal controversies, along with targeted readings, court filings, real-life testimony, deposition videotapes and… More

Practical Lawyering in Cyberspace: Seminar - Fall 2008

Using a variety of cyberlaw-related case studies drawn from recent, actual controversies, along with targeted readings, court filings, real-life testimony, deposition videotapes… More

Freshman Seminar 43z.Cyberspace in Court: Law of the Internet - Fall 2008

This seminar will consider how some of the most important and intriguing collisions of interests in the online space have played out or are playing out now in lawsuits in the… More

Antitrust, Technology, and Innovation: Seminar - Spring 2008

This seminar will take a detailed and critical look at some of the unique challenges to existing antitrust doctrine and enforcement efforts raised by these industries. More

Practical Lawyering in Cyberspace: Seminar - Fall 2007

Using a variety of cyberlaw-related case studies drawn from recent, actual controversies, along with targeted readings, court filings, real-life testimony, deposition videotapes… More

Freshman Seminar 43z : Cyberspace in Court: Law of the Internet - Fall 2007

This seminar will consider how some of the most important and intriguing collisions of interests in the online space have played out or are playing out now in lawsuits in the… More

Practical Lawyering in Cyberspace: Seminar - Fall 2006

Using a variety of cyberlaw-related case studies drawn from recent, actual controversies, along with targeted readings, court filings, real-life testimony, deposition videotapes… More

Practical Lawyering and Internet-Related Issues - Fall 2005

Using a variety of Internet-related case studies drawn from recent, actual controversies, along with targeted readings, court filings, real-life testimony, deposition videotapes… More


Events

Nov 21, 2011 @ 6:00 PM

Intellectual Property Strategy

John Palfrey, Berkman Center Faculty Co-Director and Vice Dean for Library and Information Resources at Harvard Law School + Special Guests

Entrepreneurs, corporate managers and nonprofit administrators should look at intellectual property as a key strategic asset. In his new book, “Intellectual Property Strategy” … More

Jun 18, 2010 @ 10:00 AM

Law.gov: Putting It All Together

The Harvard Law School Law.Gov workshop on June 18 is the last in a 6-month series of such workshops that have taken place throughout the country. In this final workshop,… More

Jul 15, 2003 @ 12:30 PM

Lessons from the Microsoft Case

Phil Malone, Director of the Berkman Center Clinical Program

Berkman Luncheon Series: 7/15/03 - Phil Malone on Lessons from the Microsoft Case More