Intellectual Property Litigation in the Digital Age (Marks/Rich)
W 4:30PM - 6:30PM
Silverman Hall 240B
This seminar will undertake an in-depth examination of how courts have applied copyright, trademark, and state misappropriation laws to emerging digital technologies, such as social networking sites, content hosting services, peer-to-peer file sharing, search engines, web-based news aggregators and clipping services, digital storage lockers, electronic library reserves, and resellers of secondhand digital goods. Legal doctrines to be examined include the scope of contributory, vicarious and inducement theories of secondary liability, conflicting conceptions of transformativeness under the copyright fair use doctrine, copyright preemption of state law, the first sale doctrine, and the safe harbors of the Digital Millenium Copyright Act. The course will examine how litigation strategies have helped to determine the outcome of particular cases and shape the development of the law. The instructors are partners in the New York office of Weil, Gotshal & Manges LLP and leaders of the firm’s IP & Media practice. The format will be discussion-based, and class participation will be taken into account in grading.