Current Syllabus - To Be Updated

Weekly Outline

Week 1: March 29, 2010.

Books, Videos and More Online – What’s The Problem?

Two of the most interesting and visible recent developments at the intersection of the law and the internet involve Google (not to mention their position in China!). Having acquired YouTube, Google is one of the defendants in a suit brought by Viacom claiming, among other things, widespread copyright infringement of Viacom’s many media properties. Google vigorously opposes these claims, asserting a statutory safe harbor under the important Digital Millennium Copyright Act (DMCA) providing copyright owners the right to “opt out” and have their works removed from the site. More recently, Google also has been in the news for its languishing settlement of a widely publicized set of claims made by authors, publishers and others regarding its “Google Books” project.

Both of these cases provide ample fodder for us to consider a larger range of legal, business and policy issues pertaining to creativity on the internet, and will provide the basis for this course. First, it is important to understand a little about these cases and understand their various stakeholders and their respective interests.

Reading for this Class:

• Read Luckhurst, “Viacom v. Google: The $1B Battle for Content,” The Independent, (March 18, 2007) http://news.independent.co.uk/media/article2368890.ece
• Read Lessig, “Make Way for Copyright Chaos” New York Times Op-Ed, March 18, 2007 http://www.nytimes.com/2007/03/18/opinion/18lessig.html?ex=1331870400&en=a376e7886d4bcf62&ei=5088&partner=rssnyt&emc=rss
• http://publishers.org/main/PressCenter/Archicves/2005_Aug/Aug_02.htm
• http://www.guardian.co.uk/books/2010/feb/23/authors-opt-out-google-book-settlement
• www.googlebooksettlement.com

Review as appropriate / if interested:

• Complaint, Viacom International Inc. et. Al. v. YouTube, Inc. et. Al (SDNY), www.lessig.org/blog/archives/vvg.pdf
• Any background reading on Google Books
• Go to www.googlebooks.com; and www.youtube.com, and check them out


Class Discussion:

• Introductions
• Establishing the Problem
• The Courts. v. The Court of Public Opinion v. Business Practices
• Scenarios from Different Stakeholders

Next Assignment:

• Readings below
• Start thinking about what different stakeholders might want and what they must do…


Week 2: April 5, 2010

So What’s the Law?

So before we go too far, we should review the law and try to understand where counsel for Google, Viacom and the others in these cases must start

Readings for the Class:

• DMCA, Sections 512 http://www.copyright.gov/title17/92chap12.html
• MGM v. Grokster, 125 S.Ct. 2764 (2005)
• A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9thCir. 2001)
• Kelly v. Arribasoft, 336 F.3d 811 (9thCir. 2003)
• Compare approaches and legal positions of www.eff.org v. www.musicunited.org v. www.googlecopyright.blogspot.com

Class Discussion

• Review of the case law
• Divide into Stakeholders Groups
• Discuss Team Assignments

Next Assignment:

• Readings (see below)
• Surf the Net and Identify four different sites that might raise questions of authorized and unauthorized use of content based on your understanding of the current state of the law, and be prepared to discuss.


Week 3: April 12, 2010 - NO CLASS


Week 4: April 19, 2010

A Closer Look at the YouTube Case

Reading for this Class:

• Review complaint, Viacom International, Inc., et. al. v. YouTube, Inc. et. al., (SDNY) www.lessig.org/blog/archives/vvg.pdf
• Review Wu, The Copyright Paradox: Understanding Grokster, 2005 S.Ct.Rev. 229
• Take a look at the following sites:

• www.anti-dmca.org (dmca)
• eff.org/issues/dmca (dmca)
• google.com/dmca.html (dmca)
• www.lessig.org/content/articles/works/cyberlessons/index.html (fair use - lessons 7 – 10)
• www.eff.org/issues/ip-and-free-speech/fair-use-principles-usergen (fair use)

Class Discussion:

• Discuss some of identified sites using content legally or not
• Discussion of legal framework issues in context of historical perspective
o DMCA
o Fair Use
o DRM/Filtering
• Define and discuss in more detail Stakeholder Teams’ assignment and issues

Next Assignment:

• Meet with your Stakeholder Team before next week. Divide into respective sub-groups as necessary. Begin process of developing positions/sub-positions and approaches.
• Post short (<200 words) blog of YOUR personal bias/position – whether as consumer, change agent, law student, etc. regarding the issues of this case – on Class Blog. Due May 9th.

Week 5: April 26, 2010 (MAY NEED TO RESCHEDULE TO PRIOR WEEK)

A Closer Look at Google Books

Reading for this Class:

• TBD

Class Discussion:

• History of Google Books
• The role of Competitors in legal developments
• The international implications
• E-Readers – and new issues

Next Assignment:

• Individual comments to be posted on Blog by EOD May 9th.


Week 6: May 3, 2010

Guest Speaker (or Work on Stakeholder Groups)

Reading for this Class:

• TBD

Week 7: May 10, 2010

Creators’ Rights in the Digital Age

Reading for this Class:

• Review selected press articles on Google Books
• Explore Columbia University Kernochan Center on Law and Media’s project www.keepyourcopyright.org
• Articles on Creative Commons
• Read article on approaches to music downloading http://www.paidcontent.org/entry/419-music-roundup-starbucks-iphone-radiohead-fans-pricing-bebo-atlantic-imeb

Class Discussion:

• Explore and Discuss Artist Views and Issues, legally, economically and socially
• Keepyourcopyright.org; Radiohead, and other innovations
• Update on status of different Stakeholder Team assignments – identify with class current challenges and issues

Next Assignment:

• Further Development of Stakeholder’s Position Papers – Final Presentations Due end of day May 17th (<8 pages from each of the four groups) for posting on Class Blog


Week 8: May 17, 2010

Corporate Interests in the Digital Age: Old Media & New Media

Reading for this Class:

• TBD

Class Discussion:

• Devote half of class to stakeholder team presentations

Next Assignment:

• Readings below
• Team Presentations due on May 17th – posted on blog ahead of class presentations


Week 9: May 24 2010 (Final Session)

The Public’s Interests in the Digital Age: Consumers, Communities & Governments

No specific readings for this class, but come to discuss YOUR stakeholder’s point of view, with any appurtenant readings/articles/support

Presentations representing litigators, judges and lawyers, business coalitions, artist coalitions and others.

Readings:

• www.creativecommons.org
• www.keepyourcopyright.org
• TBD

Class Discussion:

• Presentations and/or mock debates between groups
• Who Represents the Consumer? The Community?