Internet Law (S)

This seminar will focus on the challenges that the Internet poses to traditional copyright and trademark law. For both copyright and trademark, we will begin with foundational readings: about the purposes and objectives of the law, as well as the various doctrines that balance the interests of intellectual property holders against those who want access to their intellectual property. From there, we will turn to the challenges and opportunities presented by the Internet, and will think critically about the law's response. We will consider cases and commentary addressing such questions as the scope of intermediary liability for copyright infringement; the purpose and effect of the notice and takedown provisions of the Digital Millennium Copyright Act (DMCA); the emergence of new, more "open" licensing mechanisms for online content; and trademark law's treatment of keyword-based advertising and other unauthorized "uses" of protected trademarks online. No prerequisite. Grades will be based on five short papers (4-5 pages each) discussing the weekly topics. Student participation will also be considered. In lieu of these papers, it is possible to write a paper that satisfies the Upperclass Writing Requirement.

A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.