Course Syllabus

Weekly Outline

Week 1: January 7, 2008
So What Really Is the Problem?

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
Review complaint, Viacom International, Inc., et. al. v. YouTube, Inc. et. al., (SDNY) www.lessig.org/blot/archives/vvg.pdf
Lessig Blog on Viacom v. YouTube, http://lessig.org/blog/2007/03/viacom_v_youtube.html

Class Discussion:

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

Next Assignment:

Readings (see below)
Go to YouTube (www.youtube.com) – Identify four different properties that are both authorized and unauthorized
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 January 28


Week 2: January 14, 2008
But What Does the Law Say?

Readings for this class:

DMCA, Sections 512 http://www.copyright.gov/title17/92chap12.html
Review MGM v. Grokster, 125 S.Ct. 2764 (2005)
Review A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9thCir. 2001)
Review 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 basic legal doctrine and cases covering relevant copyright cases
Discuss DMCA – the key statute
Divide into Four Stakeholder Teams
n DMCA Amendment Drafters
n Google Litigators
n Silicon Valley (Internet) Business Coalition Leaders
n Artists (Publishers/Writers/Photographers/Etc.) Association Leaders
Define Assignment for Stakeholder Teams

Next Assignment:

Readings below
Meet with your Stakeholder Team at least one time to start organizing research and approach to problem, including identifying possible articles or other readings for class (provide best links on Class Blog).


January 21, 2008 – No Class – MLK Day


Week 3: January 28, 2008
Can Technology Solve the Problems It Creates?

Reading for this Class:

Wu, The Copyright Paradox: Understanding Grokster, 2005 S.Ct.Rev. 229
Filtering: http://businessweek.com/magazine/content/07_24/b4038073.htm; www.news.com/8301-10784_3-9797622-7.html
Article explaining future of DRM opportunities http://www.eff.org/issues/drm; http://www.eff.org/wp/digital-rights-management-failure-developed-world-danger-developing-world;
Google’s Secret Formula www.portfolio.com/interactive-features/2007/08/google
Review Perfect 10 v. Amazon.com, 487 F.3d 701 (9thCir. 2007)

Class Discussion:

Review Key Issues in Context of Historical Perspective on Technology
Safe Harbors
Opt Out v. Opt In
Fair Use
DRM and Filtering Technologies
Future Impacts / Trends
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.
Each Team to post on Class Blog your most compelling case (but not a legal argument!!) in an op-ed piece advocating your position – due February 11th (<350 words).


Week 4: February 4, 2008
Let the Debates Begin!

No readings for this class, but participation in Stakeholders sessions required

Use class time for Stakeholder Team discussions, including debates between sub-groups, drafting and discussion, in advance of paper and presentation for end of class.

Week 5: February 11, 2008
The Case for Creators’ Rights in the Digital Age

Reading for this Class:

Read selected sections of Columbia Journal on Law & the Arts, Symposium on Artists’ Rights in the Digital Age, Spring 2007 (to be assigned)
Review selected press articles on Google Books http://www.ecommercetimes.com/story/L5hOifz6VQu3Ux/Microsoft-Copyright Attorney-Bashes-Google-Books-Search.xhtml; http://publishers.org/main/PressCenter/Archicves/2005_Aug/Aug_02.htm; http://www.washingtonpost.com/wp-dyn/content/article/2006/08/21/AR2006082101149.html
Explore Columbia University Kernochan Center on Law and Media’s project www.keepyourcopyright.org
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:

Guest Lecturer (tbd)
Explore and Discuss Artist Views and Issues, legally, economically and socially
Google Books; 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 Articles Due 2/29/08 (<10 pages from each of the four groups) for posting on Class Blog


February 18, 2008 - No Class – Presidents Day


Week 6: February 25, 2008
Where Do We Go From Here?

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

Class Discussion:

Feedback on Assignments
Mock Debates between groups
Who Represents the Consumer?
What about the Press?

Next Assignment:
Readings below
Reminder: Final Stakeholder team papers (one per group) to be posted on Class Blog by end of day on Friday, Feb. 29th.


Week 7: March 3, 2008
How Lawyers, Judges, and Legislators Might Solve Our Problem?

Readings for this class:

Review actual Viacom v. Google Court Briefings (for list of current documents on file, see http://news.justia.com/cases/featured/new-york/nysdce/1:2007cv02103/302164)
Review relevant sections of DMCA
Read Brief Outline prepared by Google Litigators Team
Read Proposed Amendment to DMCA prepared by DMCA Drafters Team

Class Discussion:

Presentation from our Google Lawyers
Presentation from our DMCA Drafters
Class Discussion and Debate

Next Assignment:

Readings Below

Week 8: March 10, 2008

How Business and Consumers Might Solve Our Problem
& Why IP Matters

Readings for this class:

See www.ugcprinciples.com; http://in.tech.yahoo.com/071018/137/6m4uw.html
Read Briefing prepared by Silicon Valley Coalition Team
Read Briefing prepared by Artists Association Team

Class Discussions

Presentation from our Silicon Valley Coalition P.R. Plan
Presentation from our Publishers/Writers/Photographers Association P.R. Plan
Class Discussion and Debate
Final Thoughts: Why IP Matters in the 21st Century – the rudder for solving our issues around communications, health, environment