Administrivia
Professor Pamela Samuelson
Email: pam@sims.berkeley.edu
Office number: (510) 642-6775
Office Hours: Tuesday 3:15pm-4:15pm 434 North Addition, Boalt Hall , Wednesday 2:00pm-3:30pm 305B South Hall
TA Joseph Lorenzo Hall
Email: joehall@gmail.com
Course Description
The recording industry has initiated many lawsuits against peer to peer file sharing technology developers and individual file sharers. They have also tried to persuade federal prosecutors to bring criminal cases against file sharers and technology developers and sought additional legislation to increase penalties for file sharing and to change dramatically the liability rules for developers of infringement-enabling technologies. For the past twenty years, since the Supreme Court's Sony Betamax decision, technologists have known technologies capable of substantial noninfringing uses could be developed free from copyright owner control, but this may soon change. This seminar will consider a range of policy alternatives available to respond to the challenges P2P technologies and file sharing pose for the entertainment industry and the implications of each alternative.
Students with familiarity with the Internet and its resources or with backgrounds in some of the substantive fields explored in this course are especially welcome, but there are no formal prerequisites. (Some students might appreciate a tutorial on Copyright law.)
Course Information
Course Dates: January 18 to May 10, 2005
Seminar Schedule: Monday 4:00pm-6:00pm in 110 South Hall
Units: 2
Grading Option: Letter Grade only
Course Texts
Required
The Digital Dilemma: Intellectual Property Rights in the Information Age, National Research Council. 2000. ISBN: 0-309-06499-6
Reader
Available at University Copy
The course reader available for $32.75. (University
Copy is located in the lobby of the Durant Parking Garage on
Telegraph Ave.)
Course Resources
Hearings About Peer to Peer File Sharing
Online Entertainment: Coming Soon to a Digital Device Near You
Hearing Before the Senate Committee on the Judiciary, 107th Cong., 1st Sess., Apr. 3, 2001
Hearing Before the House Judiciary Committee, Subcommittee on Courts, the Internet, and Intellectual Property, 107th Cong., 1st Sess., May 17, 2001
Course Work
Part I: Introduction
January 24 : Monday
Introduction to Seminar, P2P Technologies, and Copyright
Guest Lecturer: John Chuang of SIMS, UC Berkeley
Required Readings
"A Network of Peers" Nelson Minar and Marc Hedlund [Reader, Chapter 1]
Peer-to-Peer: Harnessing the Power of Disruptive Technologies
Chapter 1: The Emergence of the Digital Dilemma (especially pp. 27-60), and Chapter 2: Music: Intellectual Property's Canary in the Digital Coal Mine of The Digital Dilemma: Intellectual Property Rights in the Information Age [Textbook]
Recommended Readings
"The Economy of Ideas" John Perry Barlow [Online]
2.03 WIRED 84 (March 1994)
Resources
January 31 : Monday
Part II: Copyright Industry Efforts to Regulate Development of Infringement-Enabling Technologies
February 21 : Monday : Presidents' Day
MGM v. Grokster: The Sony Standard Challenged
Required Readings
Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 380 F.3d 1154 (2004) [Online]
MGM Petition to the U.S. Supreme Court for a Writ of Certiorari [Online]
February 28 : Monday
Legislative Proposals to Change Rules for Technology Developer Liability for Copyright Infringements By Users
Required Readings
Inducing Infringement of Copyright Act of 2004, S. 2560, 108th Cong., 2d Sess. (2004) [Online]
Copyright Office Alternative Draft of S. 2560 [Online]
Statement of the Honorable Marybeth Peters, Register of Copyrights to the Senate Committee on the Judiciary Hearing on S. 2560, the Intentional Inducement of Copyright Infringements Act of 2004, July 22, 2004 [Online]
Part III: Legal Challenges to File Sharing
March 7 : Monday
Obtaining User Identity Information From Internet Service Providers
Required Readings
RIAA v. Verizon Internet Services, 351 F.3d 1229 (2003) [Online]
"One File Swapper, One Lawsuit" Katie Dean [Online]
Wired News (March 8, 2004)
Elektra Ent. Group, Inc. v. Does 1-6, (2004) [Online]
"Usability and Privacy: A Study of KaZaa Peer to Peer File-Sharing" Nathaniel S. Good and Aaron Krekelberg [Online]
HP Tech Report (2004)
March 21 : Monday : Spring Recess
Required Readings
"P2P and the Future of Private Copying" Peter Yu [Online, pp. 5-17]
Mich. St. U. Law School
"Is Suing Your Customers a Good Idea?" Fred von Lohmann [Online]
Law.com (Oct. 22, 2004)
"Reducing Copyright Infringement Without Restricting Innovation" Mark A. Lemley and R. Anthony Reese [Online, Part III, pp. 1395-1434]
56 Stan. L. Rev. 1345 (2004)
March 28 : Monday
Other Measures Aimed at Deterring File-sharing of Copyrighted Works
Required Readings
HR 4077, The Piracy Deterrence and Education Act (PDEA) of 2004, To enhance criminal enforcement of the copyright laws, to educate the public about application of the copyright law to the Internet, and for other purposes, 108th Cong., 2d Sess. (2004) [Online]
version in reader is as passed by the Hous
S 2237, The Protecting Intellectual Rights Against Theft and Expropriation Act (PIRATE Act) of 2004, To amend chapter 5 of title 17, United States Code, to authorize civil copyright enforcement by the Attorney General, and for other purposes., 108th Cong., 2d Sess. (2004) [Online]
version in reader is as passed by the Senate
of The Digital Dilemma: Intellectual Property Rights in the Information Age [Textbook]
Appendix E: Copyright Education
"Could Hollywood Hack Your PC?" Declan McCullagh [Online]
CNET News.com (2002)
Peer to Peer Piracy Prevention Act, H.R. 5211, 107th Cong., 2d Sess. (2002) [Online]
Part IV: Other Considerations and Strategies for Dealing with the P2P Phenomenon
April 11 : Monday
Digital Rights Management Technologies As an Option
Required Readings
153-73 of The Digital Dilemma: Intellectual Property Rights in the Information Age [Textbook]
Chapter 5, Protecting Digital Intellectual Property: Means and Measures
"The Darknet and the Future of Content Distribution" Peter Biddle, Paul England, Marcus Peinado and Bryan Willman [Online]
Proceedings of ACM Workshop on Digital Rights Management (2002)
"Evaluating New Copy-Prevention Techniques for Audio CDs" John A. Halderman [Online]
Proceedings of ACM Workshop on Digital Rights Management (2002)
April 18 : Monday
Compulsory Licensing As an Option
Required Readings
"Impose a Noncommercial Use Levy to Allow Free Peer-to-Peer File Sharing" Neil Weinstock Netanel [Online]
17 Harvard J. Law & Tech. 1 (2003)
"Compulsory Licensing vs. the Three "Golden Oldies" Property, Contract Rights and Markets" Robert P. Merges [Online]
CATO Institute Policy Analysis No 508 (Jan. 15, 2004)
April 25 : Monday
New Business Models as an Option
Required Readings
"Intellectual Value" Esther Dyson [Online]
3.07 WIRED 136 (July 1995)
177-185 of The Digital Dilemma: Intellectual Property Rights in the Information Age [Textbook]
Chapter 5, Protecting Digital Intellectual Property: Means and Measures
"A Small New Future" Alec Hanley Bemis [Online]
LA Weekly (Sept. 24-30 2004)
May 2 : Monday
International Considerations Pertaining to National Efforts to Regulate P2P File-Sharing and File-Sharing Technologies
Required Readings
"Software as Crime: Japan, the United States and Contributory Copyright Infringement" Salil Mehra [Online]
79 Tul. L. Rev. (2004)
"Intellectual Property Arbitrage: How Foreign Rules Can Affect Domestic Protections" Pamela Samuelson [Reader]
71 U Chi L Rev 223 (2004)
last updated on 2005-01-23 by dLH