2006cyassread

SPRING 2006

Cyberlaw

Course No.: 9200-710-001 Course ID: 17105	Tu, Th 4:45 - 6:15 p.m.	Room W-206
Professor Jay Dratler, Jr.	Room 231D (IP Alcove)	(330) 972-7972	dratler@uakron.edu, dratler@neo.rr.com
Copyright © 2000, 2001, 2002, 2003, 2004, 2005, 2006 Jay Dratler, Jr.

For permission, see CMI.

Assigned Reading

Week 1

Week 5

Week 8

Week 11

Week 2

Week 6

Week 9

Week 12

Week 3

Week 7

Week 10

Week 13

Week 4

Week 14

Week 1

Tuesday, January 17:

The First Amendment: The Medium and the Message

Red Lion Broadcasting Co. v. FCC, FCC v. Pacifica Foundation

Thursday, January 19:

The First Amendment: The Internet and Community Standards for Obscenity

ACLU v. Reno (Findings of Fact), Reno v. ACLU (Supreme Court), First-Amendment Notes, Ashcroft v. ACLU, Notes

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Week 2

Tuesday, January 24:

More on the First Amendment: Screening Objectionable Material

United States v. American Library Association, Notes on United States v. American Library Association, Ashcroft v. ACLU (Ashcroft II), Notes on (Ashcroft II)

Thursday, January 26:

The Internet's Social Significance, the "Dark Side" of the Web, and Software as "Speech"

"Digital Reformation" Article, Web-Surfing Assignment, Universal City Studios v. Corley , and Notes on Software as "Speech"

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Week 3

Tuesday, January 31:

Unwanted Communications and "Spam;"
Introduction to Trademarks and Unfair Competition in Cyberspace

Intel Corp. v. Hamidi, Questions and Notes on Hamidi, Notes and Questions on Spam and CAN-SPAM Act, The Lanham Act (excerpts), Introductory Note

Thursday, February 2:

Trademarks and Unfair Competition; Dilution

Primer on Trademarks and Unfair Competition, Hotmail Corp. v. Van Money Pie, Inc, Notes, Playboy Enterprises, Inc. v. Frena, Notes

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Week 4

Tuesday, February 7:

Trademarks, Unfair Competition, Dilution
and Introduction to Cybersquatting

Playboy Enterprises, Inc. v. Netscape Communications Corp., Notes and Questions, Bally Total Fitness Holding Corp. v. Faber, Panavision International, L.P. v. Toeppen, Notes and Questions on Cybersquatting

Thursday, February 9 :

WIPOCybersquatting Arbitration and Lawsuits

ICANN Uniform Dispute-Resolution Policy, ICANN Uniform Dispute-Resolution Rules, Questions and Notes on ICANN Arbitration Regime, Infospace.com v. Infospace Technology Co. Ltd., Allocation Network GmbH v. Steve Gregory, Parisi v. NetLearning, Inc, Notes

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Week 5

Tuesday, February 14:

Secondary Trademark Liability

Lockheed Martin, Inc. v. Network Solutions, Inc. (District Court), Lockheed Martin, Inc.v. Network Solutions, Inc. (Ninth Circuit), Lanham Act § 32(2), and Notes

Thursday, February 16:

Introduction to Copyright on the Internet

Selected Provisions of Copyright Act of 1976 and Notes, Religious Technology Center v. Lerma and Notes, Matthew Bender & Co. v. West Publishing Co

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Week 6

Tuesday, February 21 :

Copyright, Databases, and the Freelance Author

Reread (or re-skim) Matthew Bender & Co. v. West Publishing Co, New York Times Co. v. Tasini and Notes

Thursday, February 23:

Secondary Liability for Copyright Infringement

Fonovisa, Inc. v. Cherry Auction, Inc, Notes, Religious Technology Center v. Netcom On-line Communication Services, Inc, Notes, Sony Corp. of America v. Universal City Studios, Inc., Notes

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Week 7

Tuesday, February 28:

The "Last Word" in Secondary Copyright Liability

A&M Records, Inc. v. Napster, Inc, Notes, Metro Goldwyn Mayer Studios, Inc. v. Grokster, Notes

Thursday, March 2:

Section 512: the Service Provider's "Safe Harbor"

Section 512: Questions to Consider on First Reading, Section 512: text, Section 512: Questions to Consider on Second Reading, Section 512 House Report, Hendrickson v. eBay, Inc, and Notes

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Week 8

Tuesday, March 7:

How Section 512 Works; the Section 512 Subpoena Power:
Making Sense out of Nonsense

Problem, Section 512 in Action, A&M Records, Inc. v. Napster, Inc. (Section 512 decision), Notes, RIAA v. Verizon Internet Services, Inc., Notes

Thursday, March 9:
Introduction to Section 1201

Cyberlaw: Intellectual Property in the Digital Millennium, § 1.02[2], World Intellectual Property Organization Copyright Treaty (Articles 11 and 12), Questions to Consider on First Reading of 17 U.S.C. § 1201, Section 1201 Text (edited)

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Week 9

Tuesday, March 14:

Section 1201: The Anti-Circumvention
and the Two Anti-Trafficking Rules

Questions and Problem for Second Reading of Section 1201, Universal City Studios v. Reimerdes (Section 1201 issues), H.R. Rep. No. 551 (Part 2) (House Report on DMCA) (excerpts), Notes, RealNetworks, Inc. v. Streambox, Inc. and Notes

Thursday, March 16:
How Far Does Section 1201 Extend?

Lexmark International, Inc. v. Static Control Components, Inc., Notes on Lexmark, The Chamberlain Group, Inc. v. Skylink Technologies, Inc., Notes on Skylink

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Week 10

Tuesday, March 21:

Copyright Management Information (CMI) under Section 1202

Copyright Notice Provisions of Copyright Act of 1976, as amended, 17 U.S.C. §§ 401, 402, Copyright Management Information and Remedial Provisions of Chapter 12, 17 U.S.C. §§ 1202 - 1205, Questions and Problems on CMI and Remedies, Kelly v. Arriba Soft Corp., Notes.

Thursday, March 23:

Hacking and "Unlawful Entry" into Cyberspace:
The Computer Fraud and Abuse Act

Questions on First Reading of Computer Fraud and Abuse Act, Computer Fraud and Abuse Act (edited), United States v. Czubinski, United States v. Morris, Notes. Also, reread Hotmail Corp. v. Van Money Pie, Inc., and reconsider CFAA claims.

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Tuesday, March 28: SPRING BREAK: NO CLASS

Thursday, March 30: SPRING BREAK: NO CLASS

Week 11

Privacy, Bugging and Wiretapping:
The Federal Statute
Tuesday, April 4:

Questions on First Reading of Electronic Communications Privacy Act, Electronic Communications Privacy Act (edited), Crowley v. Holmes, United States v. McNulty (In re Askin)

Thursday, April 6:

Protection of Cellular Telephone Communications, Notes, Steve Jackson Games, Inc. v. United States Secret Service, Notes, and Problems on Electronic Communications Privacy Act.

Please work through the problems carefully, preferably in groups,
and take notes on each step in your solution and each litigable issue
that you see. We will spend some time discussing these problems in class.

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Week 12

Tuesday, April 11 and Thursday, April 13:

Competition, Regulation, and Antitrust I:
The Benefits of Competition

Why Antitrust Matters in Cyberspace: A Brief Essay

NOTE: SOME READING MATERIALS FOR THE LAST THREE WEEKS WILL BE DISTRIBUTED IN PAPER FORM. IF YOU MISS A CLASS, PLEASE PICK UP READING MATERIALS FOR SUBSEQUENT CLASSES FROM THE LAW SCHOOL'S RECEPTIONIST.

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Week 13

Tuesday, April 18 and Thursday April 20:

Competition, Regulation, and Antitrust II:
"Natural Monopoly," Regulation, and the Convergence of Media

PAPER READING MATERIALS; SEE NOTE FOR WEEK 12.

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Week 14

Tuesday, April 25 and Thursday, April 27:

Competition, Regulation, and Antitrust II:
Effects on Media Variety and Consumer Choice

PAPER READING MATERIALS; SEE NOTE FOR WEEK 12.

PRACTICE EXAMINATION

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FINAL EXAMINATION

Cyberlaw Home Page

Course Description

Course Requirements and Policies

SPRING 2006 COURSES

Assigned Reading
Week 1	Week 5	Week 8	Week 11
Week 2	Week 6	Week 9	Week 12
Week 3	Week 7	Week 10	Week 13
Week 4			Week 14


Cyberlaw Home Page	Course Description	Course Requirements and Policies
SPRING 2006 COURSES

Assigned Reading

Week 1

The First Amendment: The Medium and the Message

The First Amendment: The Internet and Community Standards for Obscenity

Week 2

More on the First Amendment: Screening Objectionable Material

The Internet's Social Significance, the "Dark Side" of the Web, and Software as "Speech"

Week 3

Unwanted Communications and "Spam;" Introduction to Trademarks and Unfair Competition in Cyberspace

Trademarks and Unfair Competition; Dilution

Week 4

Trademarks, Unfair Competition, Dilution and Introduction to Cybersquatting

WIPOCybersquatting Arbitration and Lawsuits

Week 5

Secondary Trademark Liability

Introduction to Copyright on the Internet

Week 6

Copyright, Databases, and the Freelance Author

Secondary Liability for Copyright Infringement

Week 7

The "Last Word" in Secondary Copyright Liability

Section 512: the Service Provider's "Safe Harbor"

Week 8

How Section 512 Works; the Section 512 Subpoena Power: Making Sense out of Nonsense

Introduction to Section 1201

Week 9

Section 1201: The Anti-Circumvention and the Two Anti-Trafficking Rules

How Far Does Section 1201 Extend?

Week 10

Copyright Management Information (CMI) under Section 1202

Hacking and "Unlawful Entry" into Cyberspace: The Computer Fraud and Abuse Act

Week 11

Privacy, Bugging and Wiretapping: The Federal Statute

Week 12

Competition, Regulation, and Antitrust I: The Benefits of Competition

NOTE: SOME READING MATERIALS FOR THE LAST THREE WEEKS WILL BE DISTRIBUTED IN PAPER FORM. IF YOU MISS A CLASS, PLEASE PICK UP READING MATERIALS FOR SUBSEQUENT CLASSES FROM THE LAW SCHOOL'S RECEPTIONIST.

Week 13

Competition, Regulation, and Antitrust II: "Natural Monopoly," Regulation, and the Convergence of Media

Week 14

Competition, Regulation, and Antitrust II: Effects on Media Variety and Consumer Choice

PRACTICE EXAMINATION

FINAL EXAMINATION

Unwanted Communications and "Spam;"
Introduction to Trademarks and Unfair Competition in Cyberspace

Trademarks, Unfair Competition, Dilution
and Introduction to Cybersquatting

How Section 512 Works; the Section 512 Subpoena Power:
Making Sense out of Nonsense

Section 1201: The Anti-Circumvention
and the Two Anti-Trafficking Rules

Hacking and "Unlawful Entry" into Cyberspace:
The Computer Fraud and Abuse Act

Privacy, Bugging and Wiretapping:
The Federal Statute

Competition, Regulation, and Antitrust I:
The Benefits of Competition

Competition, Regulation, and Antitrust II:
"Natural Monopoly," Regulation, and the Convergence of Media

Competition, Regulation, and Antitrust II:
Effects on Media Variety and Consumer Choice