READING ASSIGNMENTS FALL 2010
(SUBJECT TO CHANGE AS SPEAKERS ARE CONFIRMED)
I. MODULE 1: OVERVIEW OF TECHNOLOGY
This module will focus on an overview of technology and how it is regulated. Students will select any technology or application and write a short paper describing the next killer application. Students will work in a small group to identify the next killer application, and will select a technology and write a 3-page paper describing the technology, how it functions or its application, and your views on the commercial viability of the technology, including the pros and cons. 1
A. INTRODUCTION TO TECHNOLOGY (8/30/10)
1. Get user name and password for CWB and Illuminate from Bookstore.
2. Participants Illuminate PPT Slides
3. Joelle Tessler, “FCC: Broadband Market Not Serving All American,” The Daily Transcript p 6A (July 20, 2010)
4. Benjamin Tyson Duranske, “Virtual Law-Introducing Virtual Worlds and Law,” Sci Tech Lawyer (Summer 2010) p 6-9, 22
5. Jeffrey Rosen, “The Web Means the End of Forgetting,” NY Times (July 21, 2010)
B. RESEARCH TRAINING (9/1/10)
1. Westlaw and Lexis Training (Bobbi Weaver)
2. Computer Exercise (Everyone should be online for this class)
No class on 9/6/10
C. INTERNET TRENDS: VIRTUAL WORLDS (9/8/10)
1. James D. Barger, “Extending Speech Rights into Virtual Worlds,” Sci Tech Lawyer (Summer 2010) pp 18-22
2. Blake Sorensen, “Crafting the Laws of the Virtual World,” The Sci Tech Lawyer (Summer 2010) pp 10-12
3. Kenneth C. Cheney, “Patenting Virtual Worlds,” Sci Tech Lawyer (Summer 2010) pp 15-17
4. Complete Cyber Workbooks Module 1.1.1-1.1.3
D. KILLER APP EXERCISE (9/13/10) "The Next Killer App"
1. Complete Killer App Worksheet-Small Group Discussion
CP 1: Identify the next Killer Application: Each person in a group should identify a NEW technology or application that you think has the potential to be the next killer application/technology. The technology should be something new, introduced within the last one to two years that is still in its infancy in terms of marketability. You will be asked to explain in technical terms, how the technology or application works, what are the pros and cons of the application/technology, risks that have to be overcome, and your assessment of whether it will be commercially viable and why. You should use the internet and technology or trade publications. You will present your selection to a group and then try to reach a group consensus on the best application/technology, which will be presented to the class. You may write about the technology presented in the group, or some other technology or application.
E. WRITTEN ASSIGNMENT: 3-PAGE TECHNOLOGY PAPER
1. Topic Due 9/15/10
2. Technology Paper Due (3-pages with Footnotes 9/20/10)
II. MODULE 2: REGULATION OF TELECOMMUNICATIONS
This module will then review the role of government as stakeholder and regulator of technology, focusing on the Federal Communication Commission, the Federal Trade Commission, and the Department of Justice. There are three case studies.
Case Study 1: This case study will focus on ways to ensure all consumers have access to broadband and whether Internet access should be considered part of Universal Service requirements, meaning that business users subsidize residential use for Internet service, as they currently do with landline telephone service.
A. PLAYERS-REGULATORS AND CONGRESS (9/15/10, 9/20/10)
1. Federal Communications Commission, “Strategic Plan FY 2009-FY 2013,” http://www.fcc.gov/omd/strategicplan/, Strategic Plan pp 4-17, 23-25
2. “About the FCC,” http://www.fcc.gov/aboutus.html pp 1-3
3. FCC Commissioners 2010
4. “High Speed Internet Access—Broadband” <http://www.fcc.gov/guides/getting-broadband>
5. Broadband FCC website: http://www.fcc.gov/broadband/
6. Universal Service FCC Documents, Review the Universal Service links http://www.fcc.gov/wcb/tapd/universal_service/ , i.e., Rules that establish the Fund, Universal Service Fund that administers the Fund, Monitoring Reports to assess effectiveness http://www.usac.org/default.aspx
7. Chris Fedeli, Net Neutrality PPT slides
8. Universal Service Requirements
9. Complete Cyber Workbooks Module 2.1.1-1.1.2
Discussion Questions: Should Internet be made available to everyone, regardless of income or ownership of a computer? Should Broadband have a Universal Service requirement? Why or why not? Explain your answer. This will be a practice session designed to familiarize students with working in small groups.
Case Study 2: The second case study will focus on the privacy issues and regulating social network sites, such as Facebook and MySpace.com role of the FCC in regulating content, indecent speech.
B. REGULATING CONTENT AND INDECENCY (9/22/10)
1. Children’s Online Internet Protection Act, 47 USC 231 (1998)
2. Communications Decency Act of 1996 47 USC 223 (1996)
3. FCC v Fox TV, 129 SCt. 1800 (2009)
Ashley I. Kissinger, Katharine Larsen, “Shielding Jane and John:
Can the Media Protect Anonymous Online Speech,” Communications Lawyer (July
2009) p 4
5. Guylyn Cummins, “’Indecent’ Speech in 2009” Communications Lawyer (July 2009) p 1
6. Marc H. Greenberg, “The Baby and the Bathwater too: A Critique of American Library Ass’n v. US” Syracuse Sci & Tech L Reporter (Fall 2005)
Discussion Questions: 1) What limits, if any, should be placed upon speech on the Internet, TV and cable? 2) Should violence be restricted in the same way as obscenity? 3) Do you see any distinction between the different media? 4) What obligation should providers have to consumers and should their age matter?
C. RECONCILING OBLIGATIONS AND EXPECTATIONS- (9/27/10, 9/29/10, 10/4/10)
4. Susan B. Barnes, “A Privacy Paradox: Social Networking in the United States,” 11 First Monday 9 (Sept 6, 2006)
5. Richard M Goehler, “The Legal Case for Twitter in the Courtroom” Communications Lawyer (April 2010) p 14
6. “ How the Internet Never Forgets” KPBS Interview with PJ re Privacy and Social Networks (Aug 12, 2010)
7. Bar and Moral Fitness to Practice: Statement On Moral Character Requirement For Admission To Practice Law In California
CP 2- Exercise for 9/29/10 & 10/4/10: You have finished law school and are applying for a job and completing the moral character section of the bar exam. Included in the bar and employment applications are signed waivers from you to allow Investigators to review all social networking sites, web pages and get access to your Face Book, MySpace and/or Twitter accounts. As a result of what is found, you are denied admission to the bar on moral character grounds, and you do not get the job, because you are perceived as having “questionable values.” The SBA wants to post guidelines for bar prep and hiring, and has asked you to draft 5-10 recommendations to give to students about how to handle yourself on social networking sites. Draft a 1-page Code of Conduct (including your recommendations) on use of social networks, bar prep and hiring. At the beginning of class, we will review the type of information people have found out about you on the Internet by your classmate as part of the Computer Exercise. (5 points)
Case Study 3: The third case study will focus on reconciling privacy interests and Fourth Amendment requirements when the government seeks to conduct warrantless searches on conversations over VoIP or access cellphone tracking information.
D. HOMELAND SECURITY AND PRIVACY (10/6/10, 10/11/10, 10/13/10, 10/18/10)
Internet Surveillance (Click on link to access articles)
1. David Alan Jordan, “Decrypting the Fourth Amendment: Warrantless NSA Surveillance and the Enhanced Expectation of Privacy Provided by Encrypted Voice Over Internet Protocol,” 47 BCLRev 505 (2006) 506-530, 543-546
2. Arthur G. LeFrancois, “Global Positioning System Technology and the Fourth Amendment,” SciTech Lawyer (Summer 2009)
3. District Judge Nicolas .G. Garaufis, “Decision of Interest-Hybrid Theory Justifies Receipt of Cell-Site Information Under Pen Register Statute,” 12/10/2008 NYLJ 38 (Dec. 10. 2008)
4. Geoffrey North, “Carnivore in Cyberspace: Extending the Electronic Communications Privacy Act’s Framework to Carnivore Surveillance,” 28 Rutgers Computer and Tech. L. J. 155-192 (2002)
5. Pen Register Statute 18 USC 3121, 18 USC 3127
6. Pertinent Sections re Pen Registers
7. Complete Cyber Workbooks Module 2.1.1-2.2.2
Discussion Questions: 1) Should there be a presumption of government entitlement to access information regarding criminal activity? 2) What should be the minimum showing required to access pen register, i.e., noncontent information? 3) Should probable cause and warrant be required to get access to cell phone tracking data? Explain reason. 4) What level of privacy protection should be afforded access to personal information from a third party provider (if kept in the regular course of business) vs. specifically related to a target in response to subpoena or warrant? 5) What types of uses in private space may violate privacy expectations, e.g., Does cell phone use at home implicate REP?
6) What type of penalty for violation of privacy rights would you support?
CP 3-Exercise: Students will be divided into groups to identify and justify the top three priorities for Department of Justice Guidelines on obtaining subpoenas for cell phone tracking information to satisfy due process requirement for the government to obtain cell phone tracking information. Students will prepare a group CPS Worksheet. (5 points max)
III. MODULE 3: CURRENT ISSUES IN INTELLECTUAL PROPERTY (10/18/10, 10/20/10, 10/25/10, 10/27/10, 11/1/10, 11/3/10, 11/8/10, 11/10/10, 11/15/10, 11/17/10, 11/29/10, 12/1/10)
There will be two case studies in this module. We will begin with an overview of Copyright, Patents and Trade Secrets and then focus on remedies associated with violation of rights conferred by statutes to protect your rights.
Case Study 1: Your client, Dan Developer, has developed an innovative software platform called, Redeem Me, which searches and retrieves all information posted about any person over the Internet. The platform will search private and public sites, including government databases and will tag and report the location, content, author and contact information. It is a configuration of query engines, software algorithms and artificial intelligence. It is truly novel and unique, and there is nothing currently like it in the market. Executive Search Firm has expressed an interest in licensing your platform for their clients. Prior to meeting with them, you have been asked to advise your client on how to protect the platform.
A. INTRODUCTION TO COPYRIGHT AND PATENTS (10/18/10, 10/20/10)
1. Prof. John R. Kettle, “Intellectual Property Abstract,” 757 PLI/Pat 9, Copyright pp 11-21, Ideas pp 36-40; Patents pp 42-56
2. Complete Cyber Workbooks Module 3.1.1-3.1.2
B. TRADE SECRETS (10/25/10)
1. Prof. John R. Kettle, “Intellectual Property Abstract,” 757 PLI/Pat 9, Trade Secrets pp 57-65
2. Complete Cyber Workbooks Module 3.1.3
Discussion Questions for 10/20/10: What additional questions need to be asked and answered, and based upon those answers, what advice would you give regarding protecting your client’s intellectual property, i.e., should he register a copyright, file for a patent, or keep it as a trade secret. Explain your answer.
Case Study 2: This is a follow-up from the previous case study, but this time focuses on ways to prevent piracy of intellectual property. Music piracy has become a major problem for record companies and copyright holders generally. Legislation has been passed to address the problem, but enforcement has proven difficult and has antagonized consumers, many of whom believe that activities on the Internet should be free. Many of the violators are teenagers or young adults. There is currently technology that allows content providers to embed viruses and other disabling devices when someone tries to illegally download music or video. Other solutions include litigation, changing the business model, and education.
C. SOLUTIONS TO INTERNET PIRACY (11/1/10, 11/3/10 )
1. Shane Ham, Robert Atkinson, “ Confronting Digital Piracy,” PPI firstname.lastname@example.org
2. Doris Estelle Long, “E-Business Solutions to Internet Piracy: A Practical Guide,” 740 PLI/Pat 772-806 http://www.dlc.org/documents/Digital_Copyright_1003.pdf
3. William Sloan Coats, Julieta L. Lerner, “Shifting Strategies for Protecting Music Online,” The SciTech Lawyer (Summer 2009)
4. Steven Seidenberg, “The Record Business Blues,” ABA Journal pp 55-61
5. David Corson, Recent Developments Relating to DCMA, Handout. Title II, DCMA Sec § 512 “Liability Limits”, DCMA §1201 Anti-Circumvention
6. Richard Abbott, The Reality of Modern File Sharing
7. Guylyn Cummins and Valerie Alter, “Can Intentional or Knowingly Reckless Misuse of Copyrighted Material be Considered Fair Use? Communication Lawyer (July 2009)
8. Complete Cyber Workbooks Module 3.2.1-3.2.3
CP 4- Exercise: Dan wants to set up a subsidiary company that will develop a search engine that will provide links to different genres of music, creative works and other sources of content protected by intellectual property. The site will include thumbnails and/or an abstract of the work, price and terms for consumers who are interested in accessing this information. The goal is to provide easier ways of finding what consumers want on the internet. They have asked you to advise them on ways to minimize their liability for illegal downloads and file sharing by making recommendations of what they should and should not do in linking to websites and other protected material. You have no other facts so you will have to make some assumptions about what they could or should do. Students will draft a 1-page Client Memo with your recommendations. (5 points max)
D. EXERCISE: GOVERNMENT TOLL FRAUD (10/27/10)
1. AT&T v. NYC, 833 FSupp 962; 1993 U.S. Dist.Lexis 14516 (Gov. toll fraud)
2. Negotiation Techniques (handout)
3. In-class Negotiation: Gov. Toll Fraud (see instructions)
Exercise: Negotiate resolution of a customer bill and renewal of a contract following a dispute between the government and telecommunication provider following unauthorized toll calls made by a disgruntled employee who hacked into the government telephone network. All students will participate in a round robin negotiation, meaning that everyone will participate to practice the art of negotiation. This is a practice session for the negotiation that will take place in the next module. IT WILL NOT BE GRADED
E. SOFTWARE LICENSING (11/8/10, 11/17/10)
1. Evelyn M. Sommer, "Licensing Intellectual Property," pp 1-6, 12-14, 16-21
2. Michael E. Bieniek, "Software Licensing" pp 1-30
3. Tim Scull, “Trade Secrets Basics” pp 1-31 (Use samples to model your agreement, tailoring it to the facts provided for you.)
4. Complete Cyber Workbooks Module 3.3.1-3.3.2
CP 5-Discussion Exercise: Draft a 1-2 paragraph Nondisclosure Agreement for Dan Developer that will be included in an employment contract that will protect IP created in California by an independent contractor developing IP as a work for hire. The language should have the same effect as a noncompete clause, which generally are unenforceable in California. Assume that the IP created will be treated as a trade secret. (Max 5 points)
No class Week of 11/21/10
G. CASE STUDY: NEGOTIATION LICENSING RIGHTS (11/29/10, 12/1/10)
1. License Agreement for Game Boy-Advance- Nintendo of America, Inc and BAM (Sample Agreement) http://contracts.corporate.findlaw.com/operations/ip/835.html
2. See Reputation Defender http://www.reputationdefender.com/ for a sample website to search and collect information on the Internet.
Case study: Dan Developer has been approached by Executive Search Firm about licensing Redeem Me for use by their clients as a value-added service. Executive Search Firm places high level executives in corporate and legal jobs around the world. You will be negotiating the basic terms of the agreement between the parties. You do not have to negotiate the actual price of the license, only the components that need to be factored into a formula to establish the price. Student groups will be paired so that one group will represent either Dan Developer or Executive Search Firm.
Discussion Questions A: From the perspective of Dan Developer, advise him on the following questions:
1) What should be the nature of the relationship between the parties: either a straight licensing agreement or a joint venture; and for what territory and term or duration.
2) What should be the formula for payment, identifying the elements to be included in computing either a flat fee or royalty;
3) How should Dan protect himself from directly competing with Executive Search Firm, and prevent transfer, copying or disclosure of the software to any third party.
Discussion Questions B: From the perspective of Executive Search Firm (ESF), advise it on the following questions:
1) What should be the nature of the relationship between the parties either a straight licensing agreement or a joint venture; and for what territory and term or duration?
2) What promotional or advertising rights should ESF have that will allow it to market Dan’s service as part of ESF’s service without specifically acknowledging that ESF is licensing the service from Dan Developer?
3) What should be ESF’s exit strategy if it is found that the service is not used by your clients or the market for this service is limited.
Exercise: Negotiate an outline of deal points for a licensing agreement between Dan Developer and ESF, based upon the terms you have discussed above. You will need to negotiate a compromise between their respective interests.
FINAL PAPER DUE BY COB VIA EMAIL (12/13/10) See the link for ADMINISTRATIVE MATTERS FOR INSTRUCTIONS RELATED TO THE PAPER
Topics with Thesis Statement is due via E-mail by October 13, 2010
Sample Thesis and Outline Tips to Avoid Plagiarism
The Outline will be due on October 27th,
The Introduction will be due on November 17th
The final paper will be due December 13th.
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