Exam Instructions

1.  The exam is an open book exam without restrictions.  This means you can bring any written materials (printed or handwritten in hardcopy rather than material you have access to that is stored on a laptop or available online) you wish to the exam whether prepared by you, me or anyone else.  This can include commercially prepared materials.

2.  You MUST bring your casebook to the exam because I may refer to a case or statute by reference to the page where it appears in the casebook.  I have done this on some past exams.

3.  The statutes (and related policies in the case of the UDRP) that you are responsible for on the exam include:

(1) Uniform Dispute Resolution Policy of ICANN (UDRP) (pages 287 and 304-6)

(2) Anticybersquatting Consumer Protection Act (ACPA) including both its substantive provisions (pages 285-287) and its provision for in rem jurisdiction (pages 170-71)

(3) Federal Trademark Dilution Act (current version) as discussed in connection with the decision in Sporty’s Farm L.L.C. v. Sportsman’s Market, Inc.

(4) Section 1201 of the Digital Millennium Copyright Act (DMCA) (pages 246-48)

(5) Section 230 of the Communications Decency Act (pages 492-93)

(6) Section 512 of the Digital Millenium Copyright Act (pages 520-24)

These are the same provisions that are linked in the Major Statutory Provisions document.

4. In addition to specific statutory sections, you are responsible for the general material we covered on statutory construction. In these cases, we were seeking to determine whether a particular statute applied in the internet context, and the extent to which it was applicable.

5.  The major constitutional areas we examined include the First Amendment, the Dormant Commerce Clause, and the Due Process Clause (which includes both the material on personal jurisdiction (in civil cases) and the material on extraterritorial criminal jurisdiction).

6. We also studied judicial decisions in which court-developed doctrines were applied such as the material on secondary liability in the copyright context and various tort claims.

7. You are responsible for all of the assigned readings on the Course Syllabus as reflected in the Course Review (Parts One and Two).