Apart from their assigned mod courses, 1L students may only enroll in courses offered as 1L electives. A complete list of these courses can be found on the 1L Elective Listings page. 1L students must use the 1L class number listed on the course description when enrolling.
278 sec. 001 - Copyright, Competition, and Technology (Spring 2023)
Instructor: Andrew M Gass (view instructor's teaching evaluations - degree students only)
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Grading Designation: Credit Only
Mode of Instruction: In-Person
Tu 6:25 PM - 8:15 PM
Location: Law 132
From January 31, 2023
To March 14, 2023
Course End: March 14, 2023
Class Number: 32536
Enroll Limit: 50
As of: 03/23 06:03 AM
This seminar will present a selective overview of current topics at the intersection of copyright and antitrust law. From music, to the "metaverse," to social media networks, to mobile device operating systems, digital initiatives across industries increasingly implicate both of these complex legal regimes, rather than just one. Policy solutions to challenges presented by new technologies frequently reflect limitations imposed by antitrust and copyright working in tandem--or, occasionally, at cross-purposes; to consider legislative, regulatory, or judicial responses by reference to one body of law without the other is to ignore an entire category of essential constraints and opportunities.
Topics to be addressed over the course of the semester include, among others:
* Content moderation requirements as a barrier to platform competition;
* Current issues in collective music licensing;
* Does copyright misuse care about competition?
* The law and economics of DMCA anticircumvention claims as a "tying" tool;
* NFTs, digital scarcity, and the blockchain as a mechanism for royalty tracking.
The seminar will be led by Andy Gass, a partner at Latham & Watkins LLP in San Francisco. Mr. Gass graduated from Berkeley Law in 2008, clerked for the Honorable Stephen F. Williams on the U.S. Court of Appeals for the D.C. Circuit, and has taught a variety of courses on copyright- and competition-related topics at Berkeley law since 2011. Syllabi from prior years are available at https://andygass.home.blog/.
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Exam Notes: (P) Final paper
Course Category: Intellectual Property and Technology Law
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Instructor has indicated that no books will be assigned.