Draft: 08/13/00
In the beginning, there was a man named Jon Postel... [blurb].
The Tao of IETF -- A Guide for New Attendees of the Internet Engineering Task Force (Humble Beginnings)
Diane Cabell, Learning Law in Cyberspace: Name Conflicts
Original Letter from Ralph Nader and James Love to Esther Dyson, June 11, 1999
Response Letter from Esther Dyson, June 15, 1999
ICANN Status Report to the Department of Commerce, June 15, 1999
National Journal, "ICANN't Believe What They're Doing," June 17, 1999
Business Week Online, "What's in a Name?," September 6, 1999
The Industry Standard, "ICANN: Slow as the Nile," March 13, 2000
Newsbytes.com, "ICANN Signs up 158,000 At-Large Members," July 31, 2000
Associated Press, "Supreme Court Turns Away Cybersquatting Appeal," June 26, 2000
Wired News, "WIPO Launches 'Squat Fight'," July 10, 2000 or CNET, "UN Widens Effort to Prevent Cybersquatting," July 10, 2000
New York Times, "Domain Disputes," July 28, 2000
[Rotisserie: Fuji.com Case and/or NotHarvard Case]
John Perry Barlow, "The Economy of Ideas," March, 1994
Larry Lessig, Code and Other Laws of Cyberspace, pp. 3 - 42. Please either buy the book or read it on reserve at the HLS library. Buy it here if you wish.
New York Times, "Movie Studios Seek to Stop DVD Copies," July 18, 2000IntellectualCapital.com, "Would You Pay $1 For this Article?," July 27, 2000
Pam Samuelson, Copyright, Digital Data and Fair Use in Digital Networked Environments
U.S. Code, Title 17 - Copyrights (see especially Chapter 1, §107)
Senate Judiciary Committee, Testimony on Digital Music, July 11, 2000
CNET, "Judge Issues Injunction Against Napster," July 26, 2000
Wired News, "Napster Gets Stay of Execution," July 28, 2000
Metallica: Behind the Scenes
Messages to the Napster Community: July 27, 2000 and July 28, 2000
Transcript from Napster Hearing, July 26, 2000. (You will need to click on the corresponding link and use Adobe reader to access the transcript. Note particularly Judge Patel's commentary in the latter part of the document.)
[How does the Digital Music component of this session differ from that of the Napster session, and the copyright overview session? Is is broader in scope, covering MP3, etc.?]
The Berkman Center Briefing Book (required, but don't worry about reading every word of every piece)
Michael Lewis, "Boom Box," New York Times Magazine, August 13, 2000
John Borland, “Hollywood Cracks Down on Web VCR Site”: Article on RecordTV controversy. Here is a copy of the complaint.
John Borland, “iCraveTV.com Exec Discusses His Start-up’s Short Life.”
“Movie Studios, Networks Sue iCraveTV”
Red
Lion Broad. Co. v. FCC., 395 U.S. 367 (1969).
The Washington Post Co., et al. v. TotalNews, Inc., 97 Civ. 1190 (S.D.N.Y., filed Feb. 2, 1997): Case settled June 5, 1997. No opinion was issued. You can see the Complaint or the text of the Settlement.
Shetland Times Ltd. v. Dr. Jonathan Willis and Zetnews, Ltd., Scotland Court of Sessions (Oct. 24, 1996): Case settled Nov. 1997; no opinion issued. Text of Settlement
Ticketmaster Corp. v. Microsoft Corp. [CV 97-3055RAP] (C.D. Cal., filed April 28, 1997): Case settled; no opinion issued. Text of Complaint.
Ticketmaster Corp. v. Tickets.com, Inc., No. CV99-7654 HLH (BQRx) (C.D. Cal. March 27, 2000). Federal district court’s rulings on motion to dismiss. For a discussion of the case, go to this article.
eBay, Inc. v. Bidder’s Edge, Inc., (N.D. Cal. May 25, 2000): Federal district court’s grant of preliminary injunction against BiddersEdge.
New York Times, "Is Linking Legal?"
For a demonstration of how framing works, go to: http://www.totalnews.com. First press the NPR link (NPR didn't file suit and agreed to let TotalNews continue framing their material). Then press the CNN Interactive link (CNN was a party to the suit). Note the difference.
Bernstein v. J.C. Penney, Inc., No. 98-2958-R (CD CA, dismissal Sept. 22, 1998). Case dismissed. For a discussion of the case see this article.
Church of Scientology v. Dataweb et al, Cause No. 96/1048 (Dist. Ct. of the Hague, Holland, June 9, 1999). View an article about the case, or the opinion (translated into English).
Intellectual Reserve v. Utah Lighthouse Ministry. Hale and Dorr’s discussion of the case.
Business Week, "Did 'Deep-Linking' Really Get a Green Light?"
Web Links Can Be Considered Illegal, Osaka Court Judgment Says
Challenges to Meta-Searching and Deep Linking (discussion of eBay controversy)
Computer & Online Industry Litigation Reporter, Microsoft's Link to Ticketmaster Site Spurs Trademark Lawsuit. Article discussing the case brought by Ticketmaster against Microsoft seeking to prohibit the linking to Ticketmaster's site through Microsoft's Seattle Sidewalk web site.
The Computer Lawyer, Futuredontics, Inc. v. Applied Anagramics, Inc. Article discussing the denial of a preliminary injunction against AAI for linking to and framing the Futuredontics Web site.
John Dvorak articles about deep linking and the Total News case
Martin J.Elgison and James M. Jordan III, "Trademark Cases Arise from Meta-Tags, Frames. Disputes Involve Search-Engine Indexes,Web Sites Within Web Sites, As Well As Hyperlinking.": In-depth article which focuses on "the delicate balance between protecting the rights of people and businesses and preserving the spirit of open communication that is the hallmark of the Web." Areas examined include spamming, linking, framing, and consumer privacy.
Matt Jackson, "Linking Copyright to Homepages.": Law review article discussing in detail copyright issues and linking as well as related doctrinal considerations. Provides background on constitutional basis and economic rationale for copyright law. Primer included on how the Internet works.
Mark Sableman, Link Law: The Emerging Law of Internet Hyperlinks. The most recent and thorough examination of legal implications of hyperlink use on the Internet. A long but comprehensive look at the many legal arguments that can be made for and against users of hyperlinks.
Lessig, Code, Chapter 8, "The Limits in Open Code," pp. 100 - 110
Scott Bradner, "The IETF" (A chapter from Open Sources: Voices from the Open Source Revolution; you do not have to read the whole book (unless you want to)).
Richard Stallman, The GNU Operating System and the Free Software Movement
Salon.com, "Code on Trial"
Tim O'Reilly, Hardware Software and Infoware
Lawrence Lessig, Reclaiming the Commons.
New York Times, "DVD Case Will Test Reach of Digital Copyright Law," July 14, 2000
OpenLaw: Open DVD: New York DeCSS Case Concludes
Jonathan Zittrain, "What the Publisher Can Teach the Patient: Intellectual Property and Privacy in an Era of Trusted Privication"
Salon.com, "Watermarks in Music"
CNET, "Beware: E-signatures Can Easily Be Forged," July 14, 2000
Reuters, "Clinton Relaxes Crypto Export Rules," July 17, 2000
A. Michael Froomkin, The Metaphor is the Key: Cryptography, The Clipper Chip, and The Constitution, including a Technical Appendix.
Jean Camp, Trust and Risk in Internet Commerce. Chapter 3
Lessig, Code, pp. 35 - 40 (you read it already for the second class session, September 11) .
EPIC, Critical Infrastructure Protection and the Endangerment of Civil Liberties.
Reuters, "British E-mail Snooping Bill Passes into Law"
[Carnivore Materials]
Executive Summary from Critical Foundations: Protecting America's Infrastructures. The Report of the President's Commission on Critical Infrastructure Protection (Note: It is very difficult to download only the Executive Summary so you have to download the entire thing as one pdf. The content most necessary for our discussion can be found in a subset of the pages. (pp 13-17; 37-40; 109-115; 120-128) for those not wishing to read the whole thing.)
Zeran v. America Online, Inc., 129 F.3d 327 (4th Cir. 1997).
The Communications Decency Act of 1996 of the Telecommunications Act of 1996, Public Law No. 104-104, 110 Stat. 56 (1996)
United States Constitution, First Amendment
Intel v. Hamidi - Tentative Ruling on Motion for Summary Judgment, April 28, 1999
[Guest: Paul Levy, others?]
United States v. Jake Baker and Arthur Gonda, 890 F. Supp. 1375 (E.D. Mich.1995)
[Guest: Simson Garfinkel?]
Lessig, Code, Chapter 11, "Privacy," pp. 142 - 63.
Solveig Singleton, Privacy as Censorship: A Skeptical View of Proposals to Regulate Privacy in the Private Sector, Cato Policy Analysis No. 295, January 22, 1998.
FTC, Privacy Online: A Report to Congress, June 1998, parts I &V (skim).
Associated Press, "Lawmakers Want Employers to Tell Workers if They are Monitored," July 20, 2000
Industry Standard, "Toysmart Settles with FTC," July 21, 2000
CNET, "Thirty-nine States Object to Sale of Toysmart's Customer List," July 21, 2000
CNET, "Net Marketing Firm Receiving Personal Information," July 31, 2000
P3P and Privacy on the Web FAQ
Interactive Week Online, "Can Net Privacy Coexist with E-Commerce?", December 17, 1997
Joel R. Reidenberg, Lex Infomatica, 76 Tex. L. Rev. 553 (1997).
Business Week, "Weblining"
CRM Forum paper, “How To Manage Bad Customers or…Profits are from heaven, customers are from hell!”
Business Week, “Special Report: Privacy on the Net”
NYTimes, “Privacy in the Digital Age”: Multiple links to articles (including articles on Carnivore).
Smart Business, “Get Inside Your Customers’ Heads”
Lawrence Lessig, Code and Other Laws of Cyberspace, Chapter 12: "Free Speech," (pp. 164-85). Be sure to read carefully the passages on PICS (pp. 177-8). Also, you might read the chapter entitled "Privacy", pp. 142-63, which discusses the closely-related notion of P3P technologies.
Memorandum Opinion, Mainstream Loudoun v. Loudoun County Library, U.S. District Court, Eastern District of Virginia, Case No. 97-2049-A. (November 23, 1998)
Mainstream Loudoun v. Loudoun County Library, (Tech Law Journal Summary)
Jonathan Zittrain, The Rise and Fall of Sysopdom, 10 Harv. J. L. Tech. 495 (1997)
Lawrence Lessig, Tyranny of the Infrastructure, Wired 5.07 (July 1997)
ACLU Report, "Fahrenheit 451.2: Is Cyberspace Burning?"
Electronic Frontier Foundation
Platform for Internet Content Selection (PICS)
How many times have you heard someone say "the Internet is the wave of the future"? Or, "The Internet has transformed the global economy"? Or, "The Internet is changing the way we do business forever"? It's become almost a cliché to adopt an Internet strategy for a business or to found a start-up Internet company. But what's really going on in the E-commerce Revolution? What, if anything, has changed about how we do business? How much of the "dot com" phenomenon is hype and how much is reality? Are the astronomical valuations -- in markets around the world -- of recently-formed Internet companies even remotely justified? What are venture capitalists really looking for (or, what are venture capitalists, for that matter)? What will the next wave of e-businesses look like? This session will delve into the changing landscape of e-commerce by examining business models and conventional e-wisdom past, present and future. We will also examine novel problems -- legal and otherwise -- caused by the e-commerce revolution.
Conventional Wisdom, circa 1995-1996:
RedHerring.com, "Road Map for the Internet"
Upside.com, "Tim
Koogle Defends Yahoo's Outrageous Valuation"
Conventional Wisdom, circa 1997-1998:
RedHerring.com, "Give or Take $100 Billion"
Upside.com, "Diary of a Start-up"
Conventional Wisdom, circa 1999-2000:
CNET, "Taking Stock of 1999"
Fortune, "The
B2B Tool that Really Is Changing the World" or CNET, "Report:
Net Exchanges to drive Trillions by 2005," June 26, 2000
Trouble in Paradise?
MIT Technology Review, "Software Patents Tangle the Web"
Forbes, "When Start-ups Become Blow-ups"CNET, "US to Mull Influence of Growing B2B Sector"
Knowledge@Wharton / CNET, "High Traffic Streams Need Not Lead to More Business," July 24, 2000
SF Gate, "Wrath of the Dot-Com," July 27, 2000
On dis-intermediation disillusionment
Ford Motor’s Net strategy (article)
Ford’s Net strategy (tabular summary)
Harvard Business School case study: Barnes & Noble vs. Amazon.com (hard copy only)
Marsh v. Alabama, 326 U.S. 501 (1946).
Paul Vixie, MAPS RBL Rationale
Paul Vixie, MAPS RBL Usage
The Industry Standard, "Spam Watchdog Floats New Service Ideas"
Larry Lessig in The Industry Standard, "The Spam Wars"
CNET, "NSI Threatens to Sue Black Hole List Operator"
New York Times, "In Spam Case, Another Defeat for State Laws"
ZDNET, "Spam Hits the House of Representatives"
CNET, "Opposed Groups Agree on Anti-Spam Strategy"
USA Today, "AOL, Others, Sued for Spam Blacklist"
CNET, "House Approves Anti-Spam Legislation"
CNET, "Study Finds Filter only Catches Fraction of Spam," June 15, 2000
[Rotisserie: YesMail.com Case]
Jonathan Zittrain, "The Un-Microsoft Un-Remedy: Law Can Prevent the Problem That it Can't Patch Later," 31 Connecticut L. Rev. 1361 (1999). This link will lead you to the .pdf file of this paper, which you'll need to view using Adobe Acrobat.
New York Times, "Closing Arguments Underscore Gap Between Microsoft and U.S." This link will lead you to the New York Times on-line; you may need to sign in for free with the New York Times to access this article. If you do not wish to do so, please look it up on Lexis-Nexis or in hardcopy in the library.
Red Herring, "The Case Against the Microsoft Suit"
-Paul David, Clio and the Economics of QWERTY, 75 American Economic Review, 332 (1985).
-Stan Liebowitz & Stephen E. Margolis, Should Technology Choice Be a Concern of Antitrust Policy?, 9 Harv. J. L. & Tech. 283, selections (1996).
Judge Thomas Penfield Jackson's Findings of Fact, November 5, 1999
Jonathan Zittrain, IntellectualCapital.com, "The Right Microsoft Remedy -- and Beyond"
Chicago Tribune, "U.S. v. Microsoft: The Expert Opinion"
Red Herring, "It Reads Like a Novel"
CNet, "'Plausible Benefit' is key phrase in Microsoft trial"
Red Herring article, "Pondering Microsoft's Breakup Valuation"
Slate Discussion, Jonathan Zittrain & George Priest, "Microsoft: Did Judge Jackson Get it Right?"
UNext.com Signs Course Deal With Four More Universities, WSJ Interactive
Distance learning: Diversity drives market’s development, Financial Times
Article on ArsDigita University
Is ZapMe collecting data on school kids?
