Week 11: Law & Internet Seminar (LAW 745)
A quick tour of some issues concerning intellectual property rights on
Most of the readings outside the 2B area are quite short
Basic Background Info
Pamela Samuelson, The
Copyright Grab describes the basic poltical and regulatory issues
in the current IP debate. See also this response
-- note that it's to find the response you will need to search this file
for "The Copyright Grab Bag" (it's about half way into the file).
The UCC 2B debate We will probably devote this most class time
to this issue, so be sure to read this section.
- Julie Cohen,
Copyright and The Jurisprudence of Self-Help [DRAFT--being emailed to the
- Read the Introduction and at least Parts I, II, and VII of the March
1998 draft of UCC 2B. The draft is available in a variety of
formats. Easiest to get, but hardest to read is the HTML
version. The plain text
version is somewhat easier to read, as are the Microsoft Word
97 version and, best of all, the PDF
version. The plain text version lacks redline and strikeout
markings showing changes from previous drafts, but you don't need to worry
about that for our discussion.
Consider first the general policy questions. Should there be a separate
legal regime for "licensespace"? If so, what issues should it cover? Does
2B balance rights properly?
Consider, in light of our discussion of digital signature laws, the following
When if ever will 2B apply to the provision of a digital certificate by
a CA to a subscriber?
When if ever will 2B apply to the provision of CRL lookup services by a
The Reporter's Notes to 2B say that there are no conflicts between 2B's
digital signature terms and those of any existing state law. Review
Parts I and II of 2B and the jurisdiction whose laws you looked at for
week nine's assignment [please pick a US state other than Florida from
this list or
this list if you
neglected to pick a jursidction then!] and be prepared to opine as
to whether this statement is accurate.
Linking and Framing
Copy Protection Techonologies
Papers, papers, papers.
Shotton on Ticketmaster
Using PICS to manage intellectual property
Pamela Samulson, Big
Media Beaten Back (news from the copyright wars...)
Dan Wallach, Dilbert
Hack Page Archives Well worth a look.
Barry Weiss, Metasites
Linked to IP Violations
Link Controversy Page [slow link, but lots and lots of goodies]
William S. Strong, Copyright
in the New World of Electronic Publishing
Oppedahl & Larson's Web
The Corbis Website terms and
conditions of use. This is Bill Gates's new archive of the visual images
of modernity. Are these terms enforceable? Just? Reasonable? Wise? Essential?
Precatory? [Added Apr. 4]
Did Bruce Lehman really threaten
to rip a law professor's throat out?
I. Trotter Hardy,
Contracts, Copyright and Preemption in a Digital World, 1 Richmond J.L.
& Tech. 2 (1995).
Dan L. Burk, Transborder Intellectual Property Issues on the Electronic
Frontier, 6 Stan. L. & Pol'y Rev. (1994).
Dan L. Burk, Patents in Cyberspace: Territoriality and Infringement on
Global Computer Networks, 68 Tulane L. Rev. 1 (1993).
Mark Lemley, Intellectual property and Shrinkwrap Licenses, 68 S. Cal.
L. Rev. 1239 (1995).
Inc. v. Frena, 839 F. Supp. 1552 (M.D. Fla. 1993)
MTV Networks v. Curry,
867 F. Supp. 202 (S.D.N.Y. 1994)
Thomas G. Field, Jr., Intellectual
Property: The Practical and Legal Fundamentals
The Great "White Paper" war
Supporters of the White Paper/S. 1284 approach
Property Online: Patent, Trademark, Copyright" Archive
The White Paper. Note especially Sections A.1 through A.8, and also
Part IV ("Recommendations"). Choose from the ASCII
copy or a PDF format copy
or a Microsoft Word
6.0 copy or a zipped
Critiques of the White Paper/S.1284 approach
Last modified: June 8, 1998