Law 507 | Intellectual Property | Spring 2003 Copyright VI Class Notes: February 12, 2003 Law 507 | Intellectual Property | Spring 2003 Professor Wagner
Today’s Agenda Copyright & Internet Services The Future of Digital Copyright 2/12/03 Law 507 | Spring 2003
Copyright & Internet Services Digital Hardware devices MP3 players DVRs (Replay TV, TiVo) Web-based services MP3board.com MyMP3.com 2/12/03 Law 507 | Spring 2003
Copyright & Internet Services Peer-to-Peer Networks (I) A&M v Napster (9th Cir. 2001) How does Napster work? (What ‘control’ did Napster have over its network?) Consider: Contributory liability what are the elements? did the court get the analysis right? what does the court say about Sony? Vicarious liability what more could Napster do? 2/12/03 Law 507 | Spring 2003
Copyright & Internet Services Peer-to-Peer Networks (II) How does Napster apply to: Gnutella Media-specific search engines (image searches, etc.) Software used to transfer files What can P2P developers do to avoid liability? What does this say about the relationship between the law and technological development? 2/12/03 Law 507 | Spring 2003
Copyright & Internet Services Where are we going with this? How should the law deal with potentially disruptive technologies? How would you solve the “Napster (or Gnutella) Problem”? What is the best way to encourage expression/distribution in the digital networked environment? Do you agree with Post that the real concern is policing the ‘border’ between Here and There? 2/12/03 Law 507 | Spring 2003
2/12/03 Law 507 | Spring 2003
2/12/03 Law 507 | Spring 2003
Copyrighting Computer Software Next Class Copyright VII Copyrighting Computer Software 2/12/03 Law 507 | Spring 2003