Old Laws/New Media/teachingguide - Revision history

Smukherjee at 20:46, 1 June 2009

2009-06-01T20:46:27Z

← Older revision		Revision as of 20:46, 1 June 2009
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	'''Topic Owners: ~~[[User:smukherjee\|Shubham Mukherjee]],~~ [[User:DebbieRosenbaum\|Debbie Rosenbaum]], [[User:MSanchez\|Matt Sanchez]]'''		'''Topic Owners: [[User:DebbieRosenbaum\|Debbie Rosenbaum]], [[User:MSanchez\|Matt Sanchez]]'''

	Teaching Guide for [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media Old Laws/New Media]		Teaching Guide for [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media Old Laws/New Media]

Smukherjee: /* New Technology vs. Courtroom Norms */

2009-05-02T16:30:43Z

New Technology vs. Courtroom Norms

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	=== New Technology vs. Courtroom Norms ===		=== New Technology vs. Courtroom Norms ===

	Soon after our class session, there were some interesting developments in Professor Nesson's case. These developments added a rich body of material from which a future session should draw. Rather than discuss these developments here in the abstract, we have gone ahead and incorporated them directly into our class outline~~, along with~~ our suggestion on how the materials can be integrated and organized into a future offering. Please see our [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#New_Technology_vs._Courtroom_Norms suggestions here].		Soon after our class session, there were some interesting developments in Professor Nesson's case. These developments added a rich body of material from which a future session should draw. Rather than discuss these developments here in the abstract, we have gone ahead and incorporated them directly into our class outline. The outline includes our suggestion on how the materials can be integrated and organized into a future offering. Please see our [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#New_Technology_vs._Courtroom_Norms suggestions here].

	As you will see, one of our suggestions is to break up the course into distinct segments: common law traditions, the Internet as compared to traditional media, and Constitutional underpinnings. While our in-class discussion was interesting and engaging, it quickly became a Q&A with our guest rather than a discussion of the issues. Organizing the issues as we have suggested may add structure to the conversation.		As you will see, one of our suggestions is to break up the course into distinct segments: common law traditions, the Internet as compared to traditional media, and Constitutional underpinnings. While our in-class discussion was interesting and engaging, it quickly became a Q&A with our guest rather than a discussion of the issues. Organizing the issues as we have suggested may add structure to the conversation.

Smukherjee: /* Precis */

2009-05-02T16:29:32Z

Precis

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	== Precis ==		== Precis ==
	The purpose of this page is to provide additional teaching insights into presenting a class on [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media Old Laws/New Media]. The [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media outline] of that class has been updated to include, where relevant, summaries or videos ~~that convey~~ how our class session ~~actually~~ went. The materials below offer more insight into our experience and suggestions for a future course offering.		The purpose of this page is to provide additional teaching insights into presenting a class on [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media Old Laws/New Media]. The [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media outline] of that class has been updated to include, where relevant, summaries or videos for you to understand better how our class session went. The materials below offer more insight into our experience and suggestions for a future course offering.

	== Class Overview ==		== Class Overview ==

Smukherjee: /* Precis */

2009-05-02T16:28:39Z

Precis

← Older revision		Revision as of 16:28, 2 May 2009
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	== Precis ==		== Precis ==
	The purpose of this page is to provide additional teaching insights into presenting a class on [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media Old Laws/New Media]. The [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media outline] of that class has been updated to include, where relevant, summaries or videos that convey how our class session actually went. The materials below offer suggestions for a future course offering.		The purpose of this page is to provide additional teaching insights into presenting a class on [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media Old Laws/New Media]. The [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media outline] of that class has been updated to include, where relevant, summaries or videos that convey how our class session actually went. The materials below offer more insight into our experience and suggestions for a future course offering.

	== Class Overview ==		== Class Overview ==

Smukherjee: /* Precis */

2009-05-02T16:28:20Z

Precis

← Older revision		Revision as of 16:28, 2 May 2009
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	== Precis ==		== Precis ==
	The purpose of this page is to provide additional teaching insights into presenting a class on [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media Old Laws/New Media]		The purpose of this page is to provide additional teaching insights into presenting a class on [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media Old Laws/New Media]. The [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media outline] of that class has been updated to include, where relevant, summaries or videos that convey how our class session actually went. The materials below offer suggestions for a future course offering.

	== Class Overview ==		== Class Overview ==

Smukherjee: /* New Technology vs. Courtroom Norms */

2009-05-02T16:18:42Z

New Technology vs. Courtroom Norms

← Older revision		Revision as of 16:18, 2 May 2009
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	Soon after our class session, there were some interesting developments in Professor Nesson's case. These developments added a rich body of material from which a future session should draw. Rather than discuss these developments here in the abstract, we have gone ahead and incorporated them directly into our class outline, along with our suggestion on how the materials can be integrated and organized into a future offering. Please see our [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#New_Technology_vs._Courtroom_Norms suggestions here].		Soon after our class session, there were some interesting developments in Professor Nesson's case. These developments added a rich body of material from which a future session should draw. Rather than discuss these developments here in the abstract, we have gone ahead and incorporated them directly into our class outline, along with our suggestion on how the materials can be integrated and organized into a future offering. Please see our [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#New_Technology_vs._Courtroom_Norms suggestions here].

	As you will see, one of our suggestions is to break up the course into distinct segments: common law traditions, the Internet as compared to traditional media, and Constitutional underpinnings. While our in class discussion was interesting and engaging, it quickly became a Q&A with our guest rather than a discussion of the issues. Organizing the issues as we have suggested may add structure to the conversation.		As you will see, one of our suggestions is to break up the course into distinct segments: common law traditions, the Internet as compared to traditional media, and Constitutional underpinnings. While our in-class discussion was interesting and engaging, it quickly became a Q&A with our guest rather than a discussion of the issues. Organizing the issues as we have suggested may add structure to the conversation.


	Good luck!		Good luck!

Smukherjee: /* Substance of the class */

2009-05-02T16:17:35Z

Substance of the class

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	== Substance of the class ==		== Substance of the class ==

			Below, we discuss some of our specific teaching suggestions on the two substantive topics of our session. As an initial note, between our [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media outline] and the materials below, we have added enough references and reading material such that the teacher can consider breaking this into two separate sessions. Each of these topics are complex and rich, and offer plenty of material to serve as the focus on its own session.

	=== Statutory damages ===		=== Statutory damages ===

Smukherjee: /* New Technology vs. Courtroom Norms */

2009-05-02T16:14:08Z

New Technology vs. Courtroom Norms

← Older revision		Revision as of 16:14, 2 May 2009
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	Soon after our class session, there were some interesting developments in Professor Nesson's case. These developments added a rich body of material from which a future session should draw. Rather than discuss these developments here in the abstract, we have gone ahead and incorporated them directly into our class outline, along with our suggestion on how the materials can be integrated and organized into a future offering. Please see our [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#New_Technology_vs._Courtroom_Norms suggestions here].		Soon after our class session, there were some interesting developments in Professor Nesson's case. These developments added a rich body of material from which a future session should draw. Rather than discuss these developments here in the abstract, we have gone ahead and incorporated them directly into our class outline, along with our suggestion on how the materials can be integrated and organized into a future offering. Please see our [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media#New_Technology_vs._Courtroom_Norms suggestions here].

	As you will see, one of our suggestions is to break up the course into distinct segments: common law traditions, the Internet as compared to traditional media, and Constitutional underpinnings. ~~wWhile~~ our in class discussion was interesting and engaging, it quickly became a Q&A with our guest rather than a discussion of the issues. Organizing the issues as we have suggested may add structure to the conversation.		As you will see, one of our suggestions is to break up the course into distinct segments: common law traditions, the Internet as compared to traditional media, and Constitutional underpinnings. While our in class discussion was interesting and engaging, it quickly became a Q&A with our guest rather than a discussion of the issues. Organizing the issues as we have suggested may add structure to the conversation.


	Good luck!		Good luck!

Smukherjee: /* Statutory damages */

2009-05-02T16:13:36Z

Statutory damages

← Older revision		Revision as of 16:13, 2 May 2009
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	Our session focused on whether the recording industry's actions were justified rather than discussing constructive alternate solutions to the crisis in the entertainment industry. We had wished to do both, but time did not permit. A future teacher may wish to place heavier emphasis on a class discussion of solutions to the crisis, especially since some of these proposals are coming close to being implemented in practice. As a starting point, a teacher can have students review (or can summarize for students) the following solutions that have been proposed in the literature:		Our session focused on whether the recording industry's actions were justified rather than discussing constructive alternate solutions to the crisis in the entertainment industry. We had wished to do both, but time did not permit. A future teacher may wish to place heavier emphasis on a class discussion of solutions to the crisis, especially since some of these proposals are coming close to being implemented in practice. As a starting point, a teacher can have students review (or can summarize for students) the following solutions that have been proposed in the literature:

	* A compulsory license or tax system. References include [http://cyber.law.harvard.edu/people/tfisher/PTKChapter6.pdf Chapter 6] of Promises to Keep (identified under Resources above) and the [http://www.eff.org/wp/better-way-forward-voluntary-collective-licensing-music-file-sharing Electronic Frontier Foundation's literature on the subject].		* A compulsory license or tax system. References include [http://cyber.law.harvard.edu/people/tfisher/PTKChapter6.pdf Chapter 6] of Promises to Keep (identified under [http://cyber.law.harvard.edu/iif/Old_Laws/New_Media/teachingguide#Resources Resources] above) and the [http://www.eff.org/wp/better-way-forward-voluntary-collective-licensing-music-file-sharing Electronic Frontier Foundation's literature on the subject].
	* An administrative dispute resolution system, [http://cyber.law.harvard.edu/people/tfisher/Lemley%20Reese%20Abridged.pdf proposed by Mark Lemley and R. Anthony Reese]		* An administrative dispute resolution system, [http://cyber.law.harvard.edu/people/tfisher/Lemley%20Reese%20Abridged.pdf proposed by Mark Lemley and R. Anthony Reese]
	* A "three-strikes" system, gaining traction in [http://www.eff.org/deeplinks/2009/03/observations-three-strikes-rumor-storm popular discourse about the issue]		* A "three-strikes" system, gaining traction in [http://www.eff.org/deeplinks/2009/03/observations-three-strikes-rumor-storm popular discourse about the issue]

Smukherjee: /* Statutory damages */

2009-05-02T16:12:06Z

Statutory damages

← Older revision		Revision as of 16:12, 2 May 2009
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	* A "three-strikes" system, gaining traction in [http://www.eff.org/deeplinks/2009/03/observations-three-strikes-rumor-storm popular discourse about the issue]		* A "three-strikes" system, gaining traction in [http://www.eff.org/deeplinks/2009/03/observations-three-strikes-rumor-storm popular discourse about the issue]

	Students should be able to tease out fairly easily the various policy considerations at play for these proposals. ~~Finally~~, ~~influential scholars recently published~~ a paper ~~on this issue~~ that ~~can~~ serve as a valuable reference.		Students should be able to tease out fairly easily the various policy considerations at play for these proposals.

			As a final note, a paper was released very recently that should serve as a valuable reference.

	* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1375604 Samuelson & Wheatland. Statutory Damages in Copyright Law: A Remedy in Need of Reform]		* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1375604 Samuelson & Wheatland. Statutory Damages in Copyright Law: A Remedy in Need of Reform]