1. Copyright VI: Copyright & Internet Services
Class 8 Notes
Law 507 | Intellectual Property | Spring 2004
Professor Wagner
Copyright © R. Polk Wagner
Last updated: 11/14/2018 6:54:48 AM

2. Today’s Agenda Copyright & Internet Services
The Future of Digital Copyright

3. Richard Polk Wagner III (aka Trip)

4. Copyright & Internet Services
Digital Hardware devices
MP3 players
DVRs (Replay TV, TiVo)
Web-based services
MP3board.com
MyMP3.com

5. 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?

6. 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 (ftp, etc)
What can P2P developers do to avoid liability?
What does this say about the relationship between the law and technological development?

7. 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?

8. Copyrighting Computer Software
Next Class
Copyright VII
Copyrighting Computer Software