Consequently, with the approval of the Dean of FAS and the University General Counsel, and the support of the Dean of Harvard College, a very narrow, careful, and precise subject-line search was conducted by the University's IT Department. It was limited to the Administrative accounts for the Resident Deans — in other words, the accounts through which their official university business is conducted, as distinct from their individual Harvard email accounts. The search did not involve a review of email content; it was limited to a search of the subject line of the email that had been inappropriately forwarded. To be clear: No one's emails were opened and the contents of no one's emails were searched by human or machine. The subject-line search turned up two emails with the queried phrase, both from one sender. Even then, the emails were not opened, nor were they forwarded or otherwise shared with anyone in IT, the administration, or the board. Only a partial log of the 'metadata' — the name of the sender and the time the emails were sent — was returned.

"The Resident Dean whose account had been identified was asked about the incident and voluntarily reviewed his/her own sent items and confirmed that she/he had indeed forwarded the message to two students. Although the Resident Dean's actions violated the expectations of confidentiality surrounding the Administrative Board process, those involved in the review and the conversation with the individual were sufficiently convinced that it was an inadvertent error and not an intentional breach. The judgment was made not to take further action.

1. How the hell does something like this get patented in the first place? There is a tremendous amount of prior art in the form of things like "one-time" use codes for video games and other digital offerings to limit the used sales market. And yet this still gets approved? USPTO examiner James D. Nigh should be ashamed for letting this piece of garbage get approved.
2. The claims here (the patent only has four) are so broad and so general, I don't see how it passes the non-obvious test, nor how it is anything more than mashing together a few different things that are widely available already and have been for years. After the KSR ruling the USPTO was supposed to reject broad patents that just combined basic concepts already found in the market.
3. How could a professor of economics actually think that locking up access to information is a good idea? That alone would make me avoid any class that he taught, as his understanding of information economics is way, way off.
4. It's sad that anyone in academia would think that this is a good idea. In an age where Harvard and MIT are investing a ton into opening up access, this guy is focused on locking it down.

Fortunately, Harvard’s minor role in Facebook’s history has attracted a different reaction: a star-studded Hollywood blockbuster, a reinvigorated reputation as a dream school for entrepreneurial teens, and warm feelings among millionaire alumni who may become large donors. By contrast, few know that modern web browsing was born at the University of Illinois, and Netscape’s embittered founders vowed never to give another dime to their alma mater-turned-adversary.

But here's an area where Harvard, together with MIT, is being more pro-active in helping to make knowledge more widely available online:

EdX is a joint partnership between The Massachusetts Institute of Technology (MIT) and Harvard University to offer online learning to millions of people around the world. EdX will offer Harvard and MIT classes online for free. Through this partnership, the institutions aim to extend their collective reach to build a global community of online learners and to improve education for everyone.

EdX will build on both universities’ experience in offering online instructional content. The technological platform recently established by MITx, which will serve as the foundation for the new learning system, was designed to offer online versions of MIT courses featuring video lesson segments, embedded quizzes, immediate feedback, student-ranked questions and answers, online laboratories and student-paced learning. Certificates of mastery will be available for those who are motivated and able to demonstrate their knowledge of the course material.

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"under the federal Copyright Act of 1976, a lecture is automatically copyrighted as long as the professor prepared some tangible expression of the content--notes, an outline, a script, a video or audio recording."

Under the current Copyright Act, a work qualifies for protection only once it is original and then fixed in a way that people can perceive it (i.e. the "tangible medium of expression"). This is essentially what Section 102(a) says in basic terms.

The information from Harvard's counsel is incorrect because a lecture generally would not qualify for the "fixed" part of the equation. What Harvard seems to conflate is eligibility for copyright protection under Section 102(a) and the public performance right under Section 106(4).

But a professor can't have a public performance right under 106(4) if the work in question does not even qualify for copyright protection in the first place under Section 102(a). And a lecture, in and of itself, does not qualify as a protected work under the '76 Act because it is not fixed. (There also may be an argument against copyrightability based on originality grounds, but the lack of fixation is certain and terminal.)

The only way we can determine that a professor's lecture would qualify for copyright protection, assuming it was original, in the first place is if the lecture was recorded. Then there would be two copyrighted works: the lecture, and then the notes or slides. The professor's notes or slides arguably would qualify for copyright protection, but copyrightability in the notes is a separate issue from copyrightability in the lecture.

"Since we're spending so much time and money to promote this phrase, we just want to make sure someone doesn't say we can't use it."

"You need to reserve something in case you intend to use it," Calixto said. "We're strategically protecting it for use at some point down the line."