CYBERLAW II:  E-COMMERCE & THE REGULATION OF CYBERSPACE

Course Description - Spring 2002

Broadly speaking, Cyberspace represents a conceptual distinction between activities that occur in the physical or real world and those that occur online or in virtual reality. Beyond conceptual distinctions, we might say that the infrastructure of Cyberspace is largely digital code, and that this aspect of Cyberspace renders the virtual landscape unique. As a practical matter, both the increasing importance and the expanding utility of the Internet are rendering distinctions between real-space and Cyberspace less perceptible.  Even so, Cyberspace still presents a remarkable number of novel legal questions involving how computer users carry out various transactions involving electronic commerce through the interconnection of computing and communications technologies. Today, lawyers are frequently challenged by legal problems having little relevant historical antecedent in our caselaw. Although the lack of reliable or pertinent precedent renders legal practice in this area difficult and, quite often, frustrating, the challenges are also exciting. In Cyberlaw, one cannot easily escape the feeling that despite the apparent absence of physical matter, Cyberspace is a bleeding edge of the law.

To some extent, the desire to engage in commerce has become the primary reason many people enter Cyberspace. The very nature of electronic commerce presents serious challenges to the conventional wisdom regarding how business is supposed to be done. Quite naturally, interesting legal questions arise. Thus, this course will examine some of the novel questions facing us concerning the use of Cyberspace as a tool of commerce. Topics discussed include: the use of electronic contract formation, copyright protection of software, digital music transmissions, and other electronic rights, the digital economy and law enforcement, educational policy and distance learning programs, software sales and open source code licensing, and workplace issues in Cyberspace. Participants in the course will make fairly extensive use of Cyberspace as a basis for class discussion, study, and research. Some of the class readings will be available on the Internet. The course texts are Software and Internet Law by Mark A. Lemley, Peter S. Menell, Robert P. Merges, and Pamela Samuelson, and The Cathedral and the Bazaar by Eric S. Raymond

There will be one short presentation and a research paper required on an issue discussed in the course.

Course Requirements:

The course grade will be based on the student’s performance on a significant research paper and class participation, including a brief presentation:

1.  Research Paper -- 70%.  The Research Paper must be at least 20 pages.

Topics.  The deadline for selection of paper topics is the third week in the semester. 

First Drafts.  On a date announced in class, a first draft of your paper is due. Shortly thereafter, I will offer comments and suggestions on the paper in preparation ofr the final draft.

Final Drafts.  Completed papers are due on the date announced in class.

2.  Class Participation -- 30%.  In-class discussion is essential in this course.

3.  Attendance is required.

4. The course texts include the readings hyperlinked on this course web page, Software and Internet Law (S&I), and The Cathedral and the Bazaar (C &B).

5. This course provides an opportunity to those who are so inclined to become thoroughly familiar with using the Internet to locate legal resources. Hence, an is available here. For students who have mastered legal research techniques using the Internet, yopu are encouraged to submit helpful resources that may be added to the index.

The readings for each class meeting:

Week 1:  Electronic Commerce and Software

If you have not done so already, spend some time exploring the web (surfing). Take notes on what websites you visit and list your favorite (or most frequently used) places on the Internet so we may discuss our Internet experiences during class. If your web browser does not have bookmarks, you may begin exploring the web from any of the links under "What are Cyberspaces?"

Please read:

pp.1-39; 47-67;1063 of S & I;

NOTE: Before turning in your first draft, you should read: Eugene Volokh, Writing a Student Article, 48 J. Legal Educ. 247 (1998).

Weeks 2 - 3:  Electronic Commerce and Copyright