Optional Class Materials

In addition to the assigned reading, below you will find a variety of links to material related to the required reading assignments including background information about some of the cases, technical information that may be helpful in understanding the analysis of the legal issues, and a variety of other materials.

Week One - Reasoning By Analogy


Information about Intel Corp. v. Hamidi is available at:
http://www.citmedialaw.org/threats/intel-v-hamidi http://w2.eff.org/spam/Intel_v_Hamidi/
http://cyber.law.harvard.edu/openlaw/intelvhamidi/

Complaint in Intel Corp. v. Hamidi

FACE Intel Site (group of former and current employees of Intel formed by Ken Hamidi)

Fighting for the Right to Communicate (New York Times article about Ken Hamidi published on July 13, 2003)

Trespass to Chattels

Web Crawlers

eBay User Agreement

Pullman Sleeping Cars

The Internet Analogy List

Internet Analogies in 1999

Week Two - Power to Regulate the Internet

SOPA (Stop Online Piracy Act) and PIPA (Protect IP Act) Protest

Text of SOPA (House Bill)

Text of PIPA (Senate Bill)

Dormant Commerce Clause

Washington Anti-Spam Act

CAN-SPAM Act: A Compliance Guide for Business (FTC)

Federal CAN SPAM Act

Settlement Over Target's Web Site Marks a Win for ADA Plaintiffs

Week Three - Jurisdiction

Does IP Address Location (Geolocation) Really Work?

How to Determine a Location from an IP Address

http://whatismyipaddress.com/

French Court Finds in Favor of Journal Editor Sued for Libel Over Book Review (March 2, 2011) (Chronicle of Higher Education)

Public Prosecutor v. Weiler (English translation) (dismissal of criminal libel case brought in France against editor of American journal that published critical book review)

Article about Public Prosecutor v. Weiler by Professor Weiler (published in EJIL:Talk! the blog of the European Journal of International Law)

French Yahoo! Decision of November, 2000

http://www.firstview.com/index.php

State Criminal Jurisdiction in Cyberspace: Is There a Sheriff on the Electronic Frontier? by Terrence Berg

Law and Borders: The Rise of Law in Cyberspace by Johnson & Post, 48 Stanford Law Review 1367 (1996)

Jurisdiction Over Interstate Crimes: California Statutes

Multijurisdictional Practice of Law: Massachusetts Rules of Professional Responsibility

Unathorized Practice of Law in the Cyber Age (Oct. 2007) (Shari Claire Lewis)

Information About Amway

Amway: the Untold Story Website
 
No Personal Jurisdction Over Nasty Facebook Post - Burdick v. Superior Court (Eric Goldman) (Technology and Marketing Law Blog) (January 16, 2015)

Toward a New Equilibrium in Personal Jurisdiction (Professor Charles W. "Rocky" Rhodes & Professor Cassandra Burke Robertson (48 U.C. Davis L. Rev. 207)

Personal Jurisdiction Review

Personal Jurisdiction Quiz

Week Four - Domain Name Trademark Disputes

Overview of Trademark Law

Trademark Basics

Dennis Toeppen's Website

People Eating Tasty Animals Website

Mike Doughney's Website

Internet Corporation for Assigned Names and Numbers (ICANN) (Wikipedia)

Internet Assigned Numbers Authority (IANA) - "The Internet Assigned Numbers Authority (IANA) is responsible for the global coordination of the DNS Root, IP addressing, and other Internet protocol resources."

IANA Root Zone Database (Top-Level Domains) and Domain Name Registries

ICANN (Internet Corporation for Assigned Names and Numbers)

ICANN for Beginners

New Generic Top-Level Domains (gTLDs)

ICANN's Registrar Accreditation Agreement

Sample ICANN Registry Agreement (.net)

Sample Registry-Registrar Agreement (.net)

http://www.wunderground.com/

Complaint in Weather Underground, Inc. v. NCS

Weather Underground, Inc. v. NCS (case summary)

Confusion From Competitive Keyword Advertising? Fuhgeddaboudit (Eric Goldman) (Technology and Marketing Law Blog) (July 8, 2015)

Brief Summary of Various Lanham Act Claims

Week Five - Domain Name Trademark Disputes

Rules for Uniform Dispute Resolution Policy

WIPO's UDRP Supplemental Rules

List of Approved Dispute Resolution Providers

WIPO's UDRP Domain Name Cases

ICANN's Registrar Accreditation Agreement (Section 3.8 describes UDRP obligations)
 
www.munchkin.com

Go Daddy Universal Terms of Service Agreement (especially Section 1 - Overview and Section 21 - Governing Law, Jurisdiction, Venue, Waiver of Trial by Jury)

Go Daddy Domain Name Registration Agreement

1-800 Contacts v. WhenU (EFF)

Rescuecom Corp. v. Google, Inc. (Wikipedia summary including subsequent developments)

ACPA/UDRP Quiz

Assignment Six - First Amendment

Basic First Amendment Principles

Time Line of Federal Efforts to Regulate Sexually Explicit Internet Speech

Spending Power Test

Public Forum Doctrine Outline

Assignment Seven - First Amendment

The First Amendment Rights of Public School Students

Student Internet Speech (First Amendment Center) (last updated 2008)

Discovery of Identification of Anonymous Internet Users

Banned Code Lives in Poetry and Song

Gallery of CSS Descramblers

Lyrics of DeCSS Song

Assignment Eight - Section 230

Section 230 Hypotheticals

Legal Guide for Bloggers: Section 230 Protections (Electronic Freedom Foundation)
 
Immunity for Reader Comments Under Section 230 of the Communications Decency Act (Reporters Committee for Freedom of the Press)

Archives of Eric Goldman's Posts on Derivative Liability including Section 230 (Technology and Marketing Law Blog)

Section 230 of the Communications Decency Act (Digital Media Law Project)

Good Samaritan and 47 U.S.C. § 230 (Cybertelecom)

Ars Technica Discussion - Should Section 230 be Narrowed

Text of the Securing the Protection of our Enduring and Established Constitutional Heritage Act (SPEECH Act) (enacted August 10, 2010)

Section 512

Section 512 Safe Harbor Provisions - Frequently Asked Questions

Section 512 (complete statutory section)

Archives of Eric Goldman's Posts on Copyright including Section 512 (Technology and Marketing Law Blog)

Is DMCA Subpoena Valid to Identify Unknown Infringers if the Infringement has Ended (Evan Brown's Blog: About Law, Technology and Culture: Internet Cases)

10 Years Later, Misunderstood DMCA is the Law that Saved the Web (Wired) (David Kravitz) (Oct. 27, 2008)

Chase Masterson

Copyright

Fair Use - including discussion of Viewfinder decision (Fashion Law Wiki)

Copyright Troll Perfect 10 Ordered to Pay $5.6 Million Over Bogus Lawsuit (Techdirt)

Selected Case Law Under DMCA (Catholic University Office of General Counsel)

Protecting Yourself Against Copyright Claims Based on User Content (Digital Media Law Project)

Other Subjects

Website Legal Issues (Overview) (Bitlaw)

Linking and Liability (Bitlaw)

New

How to Obtain a Domain Name That Does Not Infringe on a Trademark

Sample Cease and Desist Letter to Send to a Domain Name Owner

Section 230 of the Communications Decency Act (Wikipedia)

Alzheimer's Foundation v. Alzheimer's Disease and Related Disorders Association (S.D.N.Y. 2015) (refusal to grant preliminary injunction to plaintiff in keyword advertising case)

Copyright and the Internet

Section 512 Safe Harbor Provisions - Frequently Asked Questions

Section 512 (complete statutory section)

Copyright Troll Perfect 10 Ordered to Pay $5.6 Million Over Bogus Lawsuit (Techdirt)

Selected Case Law Under DMCA (Catholic University Office of General Counsel)

Protecting Yourself Against Copyright Claims Based on User Content (Digital Media Law Project)

Archives of Eric Goldman's Posts on Copyright including Section 512 (Technology and Marketing Law Blog)

Is DMCA Subpoena Valid to Identify Unknown Infringers if the Infringement has Ended (Evan Brown's Blog: About Law, Technology and Culture: Internet Cases)

10 Years Later, Misunderstood DMCA is the Law that Saved the Web (Wired) (David Kravitz) (Oct. 27, 2008)

Jurisdiction Over the Internet - Part 1

Does IP Address Location (Geolocation) Really Work?

How to Find Geolocation of an IP Address

http://whatismyipaddress.com/

French Court Finds in Favor of Journal Editor Sued for Libel Over Book Review (March 2, 2011) (Chronicle of Higher Education)

Public Prosecutor v. Weiler (English translation) (dismissal of criminal libel case brought in France against editor of American journal that published critical book review)

Article about Public Prosecutor v. Weiler by Professor Weiler (published in EJIL:Talk! the blog of the European Journal of International Law)

French Yahoo! Decision of November, 2000

http://www.firstview.com/index.php

Fair Use - including discussion of Viewfinder decision (Fashion Law Wiki)

State Criminal Jurisdiction in Cyberspace: Is There a Sheriff on the Electronic Frontier? by Terrence Berg

Law and Borders: The Rise of Law in Cyberspace by Johnson & Post, 48 Stanford Law Review 1367 (1996)

Jurisdiction Over Interstate Crimes: California Statutes

Multijurisdictional Practice of Law: Massachusetts Rules of Professional Responsibility

Unathorized Practice of Law in the Cyber Age (Oct. 2007) (Shari Claire Lewis)

Dormant Commerce Clause

Washington Anti-Spam Act

CAN-SPAM Act: A Compliance Guide for Business (FTC)

CAN-SPAM Act

Settlement Over Target's Web Site Marks a Win for ADA Plaintiffs

Jurisdiction Over the Internet - Part 2

Amway: the Untold Story Website
 
No Personal Jurisdction Over Nasty Facebook Post - Burdick v. Superior Court (Eric Goldman) (Technology and Marketing Law Blog) (January 16, 2015)

To Establish Personal Jurisdiction, Minimum Contacts Must Be With Forum State Not Just Its Resident (Lee Berlik) (Lexis Nexis Legal Classroom)

Personal Jurisdiction and Defamation in the Internet Age

Personal Jurisdiction in the Internet Age (Andrew Gold) (LexisNexis Legal Classroom)

Toward a New Equilibrium in Personal Jurisdiction (Professor Charles W. "Rocky" Rhodes & Professor Cassandra Burke Robertson (48 U.C. Davis L. Rev. 207)

Personal Jurisdiction Review