S. Intellectual Property in the Digital Age

S. Intellectual Property in the Digital Age (Secondary Liability and the Internet)

A deep dive discussion into the concepts of legal and moral liability and immunity, primary and secondary, viewed through the lens of ongoing litigation, legislation and extralegal efforts to address the issues that the Internet and digital technologies have brought into focus.

We will study a select group of cases, business models and legislation, before and after the emergence of the Internet, to provide the foundation and framework for a discussion of how to address the current and around-the-corner challenges, including: protections for preexisting and new intellectual property, freedom of speech, fostering environments for advancement of business and societal goals, protection and responsibility of players at all levels (companies, individuals, intermediaries) for identified and yet-unidentified social harms, and critical evaluation of what has and has not worked, and what may or may not need adjustment.

Course evaluation: All students are expected to engage in robust class discussion. Each student will lead a 30-minute class discussions once during the course (either solo or in a group, depending on class size) on a topics of their selection relating to the overall themes of the course. Grades will be assigned based on (a) performance on in-class presentations; (b) a 20-page paper due at the end of the course, and (c) general in-class performance and participation.

Prior intellectual property or technology law courses are not required, but prior experience with technology and/or intellectual property issues or courses is welcomed.