Law Schedule of Classes

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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 2024)

Instructor: Andrew Gass  (view instructor's teaching evaluations - degree students only)
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Units: 1
Grading Designation: Credit Only
Mode of Instruction: In-Person


Tu 3:35 PM - 5:25 PM
Location: Law 170
From January 09, 2024
To February 20, 2024

Course Start: January 09, 2024
Course End: February 20, 2024
Class Number: 32741

Enrollment info:
Enrolled: 60
Waitlisted: 0
Enroll Limit: 60
As of: 04/13 11:56 PM

This seminar will present a selective overview of current topics at the intersection of copyright and antitrust law. From AI to streaming services and beyond, 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:

* Incentivizing safe and responsible AI through sound policy choices;
* Current issues in industry-wide music licensing;
* Does copyright misuse care about competition?
* The law and economics of DMCA anticircumvention claims as a "tying" tool;
* Content moderation requirements as a barrier to platform competition

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

Exam Notes: (P) Final paper  
Course Category: Intellectual Property and Technology Law

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