CISC 367: Intellectual Property in the Digital Age

Spring 2010
Meeting Time: Tuesdays and Thursdays, 5:00 - 6:15 p.m.
Meeting Location: 205 Kirkbride Hall
Instructor: Richard Gordon (richard [at] udel [dot] edu) or 831-1717
Office Hours: Wednesdays, noon - 1:00 p.m., Trabant Scrounge eating area.
Course home page

Last Updated: April 29, 2010

Course Syllabus

Tu Feb 9 Course Introduction
  1. We'll discuss these YouTube videos about Joke Stealing. Watch them ahead of time.
    Caution: R-rated language used in these bits.
    Mencia Steals from Cosby?
    Joe Rogan on Ant Stealing Jokes During Last Comic Standing
    Whose joke is it?
  2. Some recent news articles we'll also discuss--read them ahead of time:
    Music's lost decade: sales cut in half, David Goldman, CNNMoney.com, 2/2/10.
    RIAA Drops Lawsuits but Keeps the 'Takedown' Notices Coming, Sara Lipka, Chronicle of Higher Education, 2/4/09. (Note the comments in the discussion that follows the posting.)
    Judge slashes monstrous P2P award by 97%, Nate Anderson, Ars Technica, 1/22/10.
    Thomas-Rasset vows to pay nothing, so third trial inevitable, Nate Anderson, Ars Technica, 1/28/10.
  3. Read this excerpt from the Introduction to Samuels' book.
  4. Read pp 5-6 in Ginsburg and Dreyfuss.
  5. Discussion of Syllabus, Sakai, and other administrative material.
  6. Complete the class recording agreement in Sakai@UD.
Tu Feb 16 The Basics
  1. Locke on Property: Excerpts from John Locke, Two Treatises of Government (Collected by Prof. Laura Mandell, Miami University [Ohio])
  2. What is Intellectual Property? (World Intellectual Property Organization [WIPO]) also pp 2-4 of WIPO's Intelectual Property Handbook. (paragraphs 1.1 - 1.6)
  3. Stim: pp 4-11 (Overview of IP) If your copy of the 10th edition hasn't come in yet, there is a copy of the 9th edition in the Library's Reference Room. LC No: KF2980 .E44 2007. It's not in the main stacks (to the right as you face the reference desk), but in small set of shelves to the left of the reference desk.
  4. You have an assignment in Sakai--that includes trying out Google Groups.
  5. More discussion of Sakai and class administrative matters.
Th Feb 18
  1. Merges, Menell, and Lemley, pp. 1-31 (2 copies on reserve in Morris Library)
Tu Feb 23
  1. All: Review Merges, Menell, and Lemley, pp. 24-31 (2 copies on reserve in Morris Library)
  2. All: Text is free, we make our money on volume(s), James Boyle, Financial Times, 1/22/07.
  3. Chant, Patel, Petrie, Phommachanh, Saunders, Simons, Verchick, Walsh, Zinsmeister: Read Boyle, Chapter 1: Why Intellectual Property?
  4. Alper, Burgio, Chester, Diamond, Gordon, Gruschwitz, Heffernan, Katcher, Lontos, Martz: Read Benkler, Chapter 1: Introduction and Introduction to Part One
We Feb 24Last day of free drop/add period.
Th Feb 25 Copyright
  1. Samuels: Chapter 6: What does copyright protect?
  2. Stim: Copyright Overview, pp. 190-198
  3. Merges, et al., pp. 367-372 (on reserve at Morris Library)
  4. Stim: First sale doctrine, pp. 248-249
Tu Mar 2
  1. Merges, et al.: pp. 372-376 (on reserve at Morris Library)
  2. Samuels: Chapter 7: What rights does copyright grant?
  3. Samuels: Skim Chapter 1 up through page 17; read the section entitled "The Photocopying Machine"
  4. Samuels: Chapter 8: Copyright limitations, exclusions, and compromises
Th Mar 4 A Perspective on Open Source Software
  1. Stim - Computer Software, pp. 217-218; Open Source, p. 275; Copyleft, p. 219
  2. Lee Hollaar's "Summary of Chapter 2: Copyright of Computer Programs, 2002
  3. Lee Hollaar's "History of Software Copyright," 2002
  4. Sean Ammirati's "Web 2.0 Expo: Open Source Business Models, 2007
  5. Stuart Cohen's "Open Source: The Model is Broken," 2008
  6. Rachael King's "Cost-Conscious Companies Turn to Open-Source Software," 2008
  7. Rachael King's "Open Source: A Silver Lining in the Economic Slump," 2008
  8. GNU.org's "Overview of the GNU System," 1996.
Tu Mar 9
  1. R. A. Reese, "The Story of Folsom v. Marsh: Distinguishing Between Infringing and Legitimate Uses." Ginsburg & Dreyfuss pp. 259-297.
  2. Stim, "Fair Use," pp. 244-246.
Th Mar 11
  1. Litman’s Story of Sony v. Universal Studios: Mary Poppins Meets the Boston Strangler. Ginsburg & Dreyfuss pp. 358-394
Tu Mar 16 Patents and Trade Secrets
The Basics
  1. Copyright vs. Trademark vs. Patent, LawMart.com, 2008
  2. Stim: Patent Overview, pp. 16-24
  3. Merges, et al.: pp. 117-127 (on reserve at Morris Library)
  4. What is a Patent?, US Patent and Trademark Office, September 2008.
Th Mar 18
  1. Stim: Trade Secret Law Overview, pp. 512-514
  2. Merges, et al.: pp. 33-39 (on reserve at Morris Library)
  3. What you need to know about Patents and their value, Alexander Poltorak, MIT Technology Review, April 4, 2005.
  4. Patent vs. trade secret: Look at costs, industry, returns, Holly Amjad, Kansas City Business Journal, February 1, 2002.
  5. Patent or Trade Secret: Which One is Best?, Joseph N. Hosteny, IP Today, January 2008.
Tu Mar 23 Guest Speaker: Brad Yops, UD Research Office (IP attorney)
  1. Brad took pity on you. Rather than read the chapter in our text about Diamond v. Chakrabarty, he's fine with you reading the Wikipedia entry on the case. If you want to read chapter in Ginsburg & Dreyfuss, it's Eisenberg's "The Story of Diamond v Chakrabarty," pp. 327-357.
  2. Brad also asks that you read Ramage's "Challenging the Patentability of Genes" (2010).
Th Mar 25 Guest Speaker: Apperson Johnson, Patent Agent
  1. All: Research Assignment 1 Due (Details in Sakai)
  2. All Read: Bitlaw.com's History of Software Patents
  3. Alper - Martz Read: Bitlaw.com's State Street Bank & Trust v. Signature Financial Group, Inc.
  4. All Read: Bitlaw.com's In re: Bilski
  5. All Skim: Oral Arguments before the Supreme Court of the United States in Re: Bilski
  6. Patel - Zinsmeister Read: Samuelson's "Are Business Methods Patentable? (2009)
    Alternate link
  7. Patel - Zinsmeister Read: Samuelson's "Only Technological Processes Are Patentable (2010)
    Alternate link
  8. Patel - Zinsmeister Read: Loney's Stallman: Patents victimize developers (2002)
Tu Mar 30 No Class. Spring Break.
Th Apr 1 No Class. Spring Break.
Tu Apr 6
  1. Some in class exercises
Th Apr 8 Trademark Basics
  1. Stim pp. 366-377
  2. Dinwoodie: "The Story of Kellog Co. v National Biscuit Co.," Ginsburg & Dreyfuss pp. 220-258.
Tu Apr 13
  1. Research Assignment 2 Due (Sakai)
  2. Austin: "The Story of Steele v. Bulova," Ginsburg & Dreyfuss pp. 395-426
  3. Merges, Menell, & Lemley: "Trademark Introduction," pp. 617-622
Th Apr 15
    DMCA
  1. Boyle, Chapter 4 The Internet Threat
  2. Stim, DMCA and DRM, pp. 234-237.
Tu Apr 20
  1. Boyle, Chapter 5 The Farmer's Tale: An Allegory
Th Apr 22
    The Pirate's Dilemma
  1. Start Reading Mason's The Pirate's Dilemma. Expect Discussion of the Introduction and Chapter 1 today.
Sa Apr 24
  1. Mid-Term Due (Sakai) @ 1:00 pm
    (So I can grade it over the weekend.)
Tu Apr 27
  1. Class Cancelled
Th Apr 29
  1. Read Mason's The Pirate's Dilemma Chapter 2-4.
Tu May 4
  1. Finish Reading The Pirate's Dilemma
We May 6
  1. Google Group Posting about the Pirate's Dilemma due (Sakai Assignment)
Th May 6
  1. Read J. Loshin's Secrets Revealed: How Magicians Protect Intellectual Property Without Law
Mo May 10
  1. Google Group Posting in response to one of the articles posted in the Delicious Stream due (Sakai Assignment)
Tu May 11
  1. Research Assignment 3 Due (Sakai)
  2. Spend some time digging in the Creative Commons Web site.
  3. For a more directed tour, review the Wikipedia article about Creative Commons.
Th May 13
  1. Browse through the Internet Archive. What kinds of things are available there? Are they legal? Why or why not?
  2. Reading TBA
Sa May 15
  1. "Voluntary" Google Group posting due (Sakai Assignment)
Tu May 18 Last Class Meeting Before "Final."
  1. Research Assignment 4 Due: "Accountability" (Sakai)
  2. Reading TBA
Mo May 24
7:00 - 9:00 pm
005 Kirkbride		 Research Report Meeting
  1. Research Discussions
  2. Final Research Assignment Due (Sakai)

Last Updated: April 29, 2010