S. Intellectual Property in the Digital Age (Secondary Liability and the Internet)
This seminar explores the changing nature of intellectual property liability, and specifically secondary liability, on the Internet and in the broader digital world. We begin by tracing the roots of secondary intellectual property liability from the 1960s through the 1980s, moving quickly into the Internet era, covering issues including file sharing, public performance of music and video over the Internet and mobile devices, MP3 players, on-line speech liability, Internet auctions, Internet radio, "locker" and "cloud" services, Google Book Search, YouTube, MySpace, and cross-border application and impact of the intellectual property laws. Along the way, we also study the various legislative modifications to the intellectual property laws in response to the Internet, notably the Digital Millennium Copyright Act and the Communications Decency Act.
The seminar aims to illuminate not only how law impacts the Internet, but how Internet-era technologies and services are, in turn, redefining intellectual property law itself. My dual goal is to provide the students with a strong working understanding of the current legal landscape, as well as a framework for sophisticated, critical analysis of emerging technologies and associated legal regimes.
Because this area of the law continues to experience rapid change, new developments and entire topics can and do arise within the semester. For that same reason, students are encouraged to bring new issues to class each week (or circulate to the class list) for discussion.
Students' grades will be based upon class participation (which includes a short in-class presentation on a topic of the student's selection) and a final paper.
Prior intellectual property or technology law courses are not required. Students who have taken L9323, S. Life, Liberty & Liability in the Digital Millennium, may not enroll in this course.