Week 11: Law & Internet Seminar (LAW 745)

Reading:

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

• Julie Cohen, Copyright and The Jurisprudence of Self-Help [DRAFT--being emailed to the seminar]
• 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 issues:
• 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 CA?
• 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

• Daniel A. Tyvsver, Internet Law: Linking  provides a very gentle and general introduction to the issues and background law.  He also briefly discusses the first major linking controversy.  You should also read the judgement in the Shetland News case (be patient, this can be a slow link) and Web Design Group, Avoiding Getting "Framed"  which has critical technical info on framing.

Copy Protection Techonologies

• Divx Protects Content, But Not Your Liberties

Copyright

• Thomas G. Field, Jr., Copyright on the Internet

Trademark

• Is putting a competitor's trademark in your META tag a trademark dillution?  This complaint in OPPEDAHL& LARSON v. ADVANCED CONCEPTS argues that it is.
• Dan L. Burk, Trademarks Along the Infobahn , 1 Richmond J.L. & Tech. (1995)

Doing:

Optional:

• Masses of 2B stuff can be found at The 2B Guide and the web empire of the U.C. Berkeley conference on Intellectual Law & Property in the Information Age: The Impact of Article 2B of the UCC on the Future of Information & Electronic Commerce.
• Official copies of 2B drafts, and various comments can be found at The National Conference of Commissioners on Uniform State Laws web site.
• Washinton Post v. Totalnews complaint; the settlement
• Ticketmaster v. Microsoft (C.D. Cal. 1997) [suit was regarding the Sidewalk site]
1. Plaintiff's complaint
2. Defendant's answer
3. Plaintiff's reply
• Chuck Shotton on Ticketmaster
• Using PICS to manage intellectual property rights
• 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
• Bechtold, The 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 Law FAQ
• 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).
• Playboy Enterprises, 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
1. 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 postscript copy.
2. Critiques of the White Paper/S.1284 approach
• Prof. Pamela Samuelson's essay in WIRED, The copyright grab
• The USACM position. See also, if time permits, other USACM NII-related papers.
• Sample some of the many links from the Home Recording Rights Coalition.
3. Supporters of the White Paper/S. 1284 approach
• Commissioner Lehman (congressional testimony)
• Senator Hatch (sponsor of S. 1284)
• The software publishers
• Eight myths about S. 1284
• EFF's "Intellectual Property Online: Patent, Trademark, Copyright" Archive

Version 2.0c
Last modified: June 8, 1998