Old Laws/New Media: Difference between revisions
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=== Subject matter of the class === | === Subject matter of the class === | ||
The class will be split into two parts | The class will be split into two parts: | ||
==== Introduction to legal issues that arise in connection with new media ==== | ==== Introduction to legal issues that arise in connection with new media ==== | ||
The Internet and other digital media raise a number of questions about communication law and policy: Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new? How have the courts, Congress, and other lawmaking bodies responded to new media technologies? What regulatory regime is emerging, if any, to govern new media? We will use the Joel Tenenbaum copyright infringement lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise these questions. Articles about Joel's case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9124118&intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]. In addition to copyright law, we may discuss the | The Internet and other digital media raise a number of questions about communication law and policy: Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new? How have the courts, Congress, and other lawmaking bodies responded to new media technologies? What regulatory regime is emerging, if any, to govern new media? We will use the Joel Tenenbaum copyright infringement lawsuit as a case study, in conjunction with [http://cyber.law.harvard.edu/people/cnesson Professor Charles Nesson], to raise these questions. Articles about Joel's case can be found [http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9124118&intsrc=news_ts_head at Computer World], [http://www.google.com/hostednews/ap/article/ALeqM5gfmThZ1bZlDu064ld5mXyNTzTWfwD956G9FG0 here], and [http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/ here]. In addition to copyright law, we may also discuss the controversial issues that have come up in speech-related law (e.g., defamation and anonymous speech rights) and privacy laws. | ||
==== General relationship between technological change and the law ==== | ==== General relationship between technological change and the law ==== | ||
Looking beyond individual cases, legal doctrines, and policies, the class will explore general relationships between technological change and the law. What drives changes in laws that govern media technologies? How do old media industries use their influence to shape laws that affect new media? What characteristics of the legal system especially the dynamics of litigation and congressional lawmaking affect society's response to new media? What's the role of citizen activists in shaping laws? How does social science research (e.g., studies about the effects of new media) bear on legal decisions? | |||
During this second part of class, we'll be guided by the following series of questions: | During this second part of class, we'll be guided by the following series of questions: | ||
* How has new media affected traditional communications and media industries and challenged traditional law? Consider Sony | * How has new media affected traditional communications and media industries and challenged traditional law? Consider Sony | ||
* Given what we've learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new? Consider Tenenbaum filings. | * Given what we've learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new? Consider Tenenbaum filings. Consider controversial FCC [http://online.wsj.com/article/SB122832671930476269.html?mod=googlenews_wsj proposal] that would impose common carrier-like responsibilities on the recipient of wireless spectrum and [http://www.ntia.doc.gov/comments/2008/NTIA_FCC_Martin_AWS3_081210.pdf opposition] asserting that we should not interfere with the free market. | ||
* What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations? Consider MGM and | * What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations? Consider MGM, DMCA, and CDA. Consider also RIAA's new [http://arstechnica.com/news.ars/post/20081221-riaa-graduated-response-plan-qa-with-cary-sherman.html strategy] in which the private sector is attempting to create their own "regulatory" regime. | ||
* How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today's technological realities? Consider Reno v. ACLU. | * How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today's technological realities? Consider Reno v. ACLU. | ||
* Other questions to consider: | * Other questions to consider: | ||
| Line 53: | Line 51: | ||
* [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool] or [http://moderator.appspot.com/ Google Moderator] | * [http://cyber.law.harvard.edu/node/3400 Berkman Question Tool] or [http://moderator.appspot.com/ Google Moderator] | ||
* [http://www.youtube.com YouTube] | * [http://www.youtube.com YouTube] | ||
Music Downloading Agents to Preview | |||
=== Music Downloading Agents to Preview === | |||
* [http://www.Rhapsody.com Rhapsody] | * [http://www.Rhapsody.com Rhapsody] | ||
* [http://www.limewire.com Limewire] | * [http://www.limewire.com Limewire] | ||
* [http://www.kazaa.com/ Kazaa] | * [http://www.kazaa.com/ Kazaa] | ||
Revision as of 02:26, 22 December 2008
Topic Owners: Shubham Mukherjee, Debbie Rosenbaum, Matt Sanchez
back to syllabus
Premise This topic concerns the tension that occurs when we attempt to apply old laws to new media (i.e., digital content distributed over the Internet). The discussions in this session should provide a useful legal perspective on the societal issues addressed in the sessions regarding music, news, and other communications media. As Professor Zittrain has suggested, we will coordinate with the Internet and Publication week if possible.
Subject matter of the class
The class will be split into two parts:
Introduction to legal issues that arise in connection with new media
The Internet and other digital media raise a number of questions about communication law and policy: Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new? How have the courts, Congress, and other lawmaking bodies responded to new media technologies? What regulatory regime is emerging, if any, to govern new media? We will use the Joel Tenenbaum copyright infringement lawsuit as a case study, in conjunction with Professor Charles Nesson, to raise these questions. Articles about Joel's case can be found at Computer World, here, and here. In addition to copyright law, we may also discuss the controversial issues that have come up in speech-related law (e.g., defamation and anonymous speech rights) and privacy laws.
General relationship between technological change and the law
Looking beyond individual cases, legal doctrines, and policies, the class will explore general relationships between technological change and the law. What drives changes in laws that govern media technologies? How do old media industries use their influence to shape laws that affect new media? What characteristics of the legal system especially the dynamics of litigation and congressional lawmaking affect society's response to new media? What's the role of citizen activists in shaping laws? How does social science research (e.g., studies about the effects of new media) bear on legal decisions?
During this second part of class, we'll be guided by the following series of questions:
- How has new media affected traditional communications and media industries and challenged traditional law? Consider Sony
- Given what we've learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new? Consider Tenenbaum filings. Consider controversial FCC proposal that would impose common carrier-like responsibilities on the recipient of wireless spectrum and opposition asserting that we should not interfere with the free market.
- What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations? Consider MGM, DMCA, and CDA. Consider also RIAA's new strategy in which the private sector is attempting to create their own "regulatory" regime.
- How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today's technological realities? Consider Reno v. ACLU.
- Other questions to consider:
- What IS new media? Consider Lessig article.
- How do we deal with the fact that there is little legal infrastructure that takes into account today's new media and technological environments?
Guests
- Google Telecom Lawyer Rick Whitt (invitation extended)
- Google Antitrust Lawyer Dana Wagner (invitation extended)
- Berkman Center's David Ardia, who runs the Citizen Media Law Project
- Cary Sherman of RIAA
- Professor Charles Nesson (invitation extended)
- Public Citizen Litigation Group Attorney Paul Alan Levy
- Electronic Frontier Foundation Attorney Fred Von Lohmann
Readings for Class
- Various court documents and media coverage from the Sony v. Tenenbaum case
- Discussion of RIAA's new tactics to curb file sharing
- Materials related to online defamation and anonymity law (AutoAdmit, Roommates.com, etc.)
- Sony Corporation v. Universal City Studios, 464 U.S. 417(1984) (Supreme Court decision that manufacturers of video recorders can not be held liable when they are used to violate copyright).
- Reno v. ACLU, 521 U.S. 844 (1997) (Supreme Court decision striking down parts of Communications Decency Act and also the Court's leading statement on the constitutional status of the Internet)
- Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., 545 U.S. 913 (2005) (Internet services that facilitate file sharing of copyrighted materials can be held liable for infringement)
- Digital Millennium Copyright Act (1998 law that extended U.S. copyright principles to digital materials) and the CDA, especially Section 230.
- Some Like It Hot by Lessig