1. Law 507 | Intellectual Property | Spring 2003
Copyright VI
Class Notes: February 12, 2003
Law 507 | Intellectual Property | Spring 2003
Professor Wagner

2. Today’s Agenda Copyright & Internet Services
The Future of Digital Copyright
2/12/03
Law 507 | Spring 2003

3. 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

4. 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

5. 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

6. 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

7. 2/12/03
Law 507 | Spring 2003

8. 2/12/03
Law 507 | Spring 2003

9. Copyrighting Computer Software
Next Class
Copyright VII
Copyrighting Computer Software
2/12/03
Law 507 | Spring 2003