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