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).