Class 3, Lecture 3

Here are the required videos for class 3 and the Certificate of Attendance.

In this class we continue the conversation about what “law” and “jurisdiction” mean in cyberspace.  In the first part of the video, I discuss a litigation that was pending at the time I recorded the video but is now decided, Clearcorrect Operating LLC v. International Trade Commission, 810 F.3d 1283 (Fed. Cir. 2015).  An edited version of the case is in your readings.  As you read the case, consider how the Federal Circuit decided the issues I mention in the video.  Also included in your readings are excerpts from various opinions in an infamous early Internet jurisdiction case involving the sale of Nazi memorabilia through Yahoo! auction sites in France.  Think about how the jurisdictional tensions in the Yahoo! dispute continue to reverberate in our discussions about Internet governance today.

This class also covers additional materials about the law and economics of Internet governance.  Again, I know this can be a tough slog for some of you, but stick with it.  These ideas about market failures, the Coase Theorem, and open source models are essential to understanding the policy implications of important Internet law and governance issues such as “network neutrality.”

 

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