Law School Module Details

The information contained in this module specification was correct at the time of publication but may be subject to change, either during the session because of unforeseen circumstances, or following review of the module at the end of the session. Queries about the module should be directed to the member of staff with responsibility for the module.
Title INTERNET LAW
Code LLAW113
Coordinator Dr J Zrilic
Law
J.Zrilic@liverpool.ac.uk
Year CATS Level Semester CATS Value
Session 2021-22 Level 7 FHEQ Whole Session 15

Aims

As broadband and computing technology become pervasive, knowledge and understanding of legal rules and liabilities in the online environment will be essential in helping individuals, organisations and policymakers to make a proper assessment of the role of law in addressing emerging governance problems. This Module provides the student with the resources and opportunities to develop the skills and relevant knowledge regarding the regulatory challenges posed by illegal file sharing of music and games, unauthorised exploitation of business marks in Second Life, use of domain names to criticise well-known businesses or marks; and intermediary liability for cross-border civil wrongs.


Learning Outcomes

(LO1) This module aims to develop your understanding of current and emerging questions facing law, policymakers and industry in the online environment. The reading material, exercises and exposure to a range of perspectives in areas like copyright and digital media, protection of brand identity, intermediary liability and jurisdictional conflicts will provide the student with a sound knowledge base and facilitate the development of a range of reflective and problem solving skills.

(LO2) Each topic comprises of structured reading materials, exercises designed to test your understanding of the key concepts and ability to apply these to a given problem. The materials chosen for each topic draw on a range of sources including the United Kingdom, European Union, the United States and Commonwealth jurisdictions.

(LO3) You will be provided with opportunities to work individually and participate in on-line discussion on many of the policy, technological and legal questions raised by new technologies. The Module begins with a consideration of the technological setting for many of the public policy debates and issues, and thereafter proceeds to explore the substantive issues raised by applying law to the chosen fields of study. The Module concludes with your submission of a research assignment based on the topics covered during the course of study.

(LO4) Demonstrate an ability to analyse and present materials

(S1) Critical analysis appropriate for advanced level masters study

(S2) Problem-solving skills applicable to complex theoretical and practical contexts.

(S3) Time management and prioritisation skills by working to deadlines.

(S4) Individual and group communication skills by presentations in an online environment (e.g. the virtual classroom).

(S5) Take responsibility for independent learning agenda.

(S6) Reading, analysing and synthesising different viewpoints, becoming familiar with different viewpoints and presenting findings/conclusions in clear, comprehensible, structured format.

(S7) Critical skills with regard to the merits of particular arguments and making reasoned choices between alternative solutions or arguments in all modules and dissertation.


Syllabus

 

Week One:  An Overview of the Technological Landscape

Primary materials:
J Saltzer, D Reed and D Clark, End-to-End Arguments in System Design http://web.mit.edu/Saltzer/www/publications/endtoend/endtoend.pdf
D Clark and M Blumenthal, Rethinking the design of the Internet: The end to end arguments vs. the brave new world
www.csd.uoc.gr/~hy558/papers/Rethinking_2001.pdf J Barlow, A Declaration of the Independence of Cyberspace http://homes.eff.org/~barlow/Declaration-Final.html
Committee on the Internet in the Evolving Information Infrastructure, The Internet's Coming of Age, Overview and Recommendations, and Chapter 1http:// www.nap.edu/catalog.php?record_id=9823
Expected Responses: DQI + 3-5 DQF
Study packs to include additional reference material and techniques for engaging with the material in a critical and reflective manner.
Assignment: HA – A Response Paper based on a current legal dispute or event.

Week Two: Copyright and Digital Media

Primary materials:
The Copyright, Designs and Patents Act 1998
Moorehouse v Univ of NS Wales [1976] RPC 151
A&M Records v. Napster, 239 F. 3d 1004 (9th Cir. 2001)
MGM Studios v. Grokster, -- F.Supp.2d --, 2004 WL 1989129 (9th Cir. 2004)
Universal Music Australia Pty Ltd v Sharman License Holdings Ltd [2005] FCA 1242
What is Peer to Peer -- and What Isn't
http://www.openp2p.com/pub/a/p2p/2000/11/24/shirky1-whatisp2p.html  
Expected Responses: DQI + 3-5 DQF  
Study packs to include summaries of key legislation, case law and secondary literature, together with effective writing tips.
Assignment: HA – writing an opinion on a “Cease-and-Desist” letter.

Week Three: Copyright, Digital Media and Fair Dealing

Primary materials:
The Copyright, Designs and Patents Act 1998
EU Copyright Directive 2001/29/EC (Directive 2001/29/EC)
Department for B usiness Enterprise and Regulatory Reform,
Consultation on Legislative Options to Address Illicit Peer-to- Peer (P2P) File-Sharing (July 2008)
Available here: http://www.berr.gov.uk /files/file47139.pdf
Expected Responses: DQI + 3-5 DQF
Study packs to include summaries of key legislation and case law (from the US, Australia and UK), together with selected secondary literature.
Assignment: HA – writing an opinion the Harry Potter Lexicon Lawsuit with reference to US, Australian and UK Law.

Week Four: Brand Identity, Trade Marks and Second Life

Primary materials:
The Trade Marks Act 1994, section 10
Pitman Training Ltd. v. Nominet UK, [1997] FSR 797
Prince plc. v. Prince Sports Group [1998] FSR 22
Avnet Inc. v. Isoact Ltd [1997] FSR 16
British Telecommunications plc and another v One In A Million Ltd [1998] 4 All ER 476
Article: D Naylor, “The Tangled Web of Virtual Marks”
IT Law Today/Volume 15/Issue 6, June 2007
Expected Responses: DQI + 3-5 DQF
Study packs to include summaries of key legislation and case law, together with selected secondary literature.
Assignment: HA – Draft a Memo, based on an allegation involving the unauthorised use of a company’s trade mark in Second Life?

Week Five: Domain Names and Uniform Global Dispute Resolution

Primary material:
Uniform Dispute Resolution Policy
Wembley National Stadium Limited v. Bob Thomson [aka Wembleystadium.net]
WIPO Case No. D2000-1233 Manchester Airport 
WIPO Case No. D2000-0638 http://arbiter.wipo.int/domains/decisions/html/2000/d2000-0638 .html
Sallen v Corinthians 273 F.3d 14 (1st Cir. 2001)
British Telecommunications plc and another v One In A Mil- lion Ltd [1998] 4 All ER 476
Wal-Mart Stores, Inc. v. wallmartcanadasucks.com and Kenneth J. Harvey Case No. D2000-1104. Available at http://arbiter.wipo.int/domains/decisio ns/html/2000/d2000-1104 .html
Barcelona Case: Available at http://arbiter.wipo.int/domains/decisions/html/2000/d2000-0505 .html  
Expected Responses: DQI and 3-5 DQF
Study packs to include summaries of key legislation and case law, together with selected secondary literature.
Assignment: HA - A critical response to the advantages of using the UDRP process as a mechanism for dispute resolution

Week Six: Domain Names and Nominet DRS

Primary materials:
Dispute Resolution Service
Elderflower Champagne Case
DQI Topic: Students will be asked to advise directors of Myspace.co.uk on the likely success in refuting an allegation of domain name infringement based on Panel Rulings under the DRM process and the Common Law.
Expected Responses: DQI and 3-5 DQF.
Study packs to include additional reference material and techniques for engaging with the material in a critical and reflective manner.
Assignment: Begin the collection of mater ials for the final assignment from your allocated topic

Week Seven: Intermediary Liability and Jurisdiction

Primary materials:
The Electronic Commerce (EC Directive) Regulations 2002
Section 1(1) Defamation Act 1996
Demon Internet v Godfrey [1999] 4 All ER 342
Totalise plc v Motley Fool Ltd [2001] EWCA Civ 1897
Internet Law - 2008-2009! 18
Harrods v Dow Jones & Co [2003] EWHC 1162 (QB) 22 May 2003
Zeran v. AOL 129 F 3d 256 (4th Cir. 2002) 159
Dow Jones & Company Inc v Gutnick [2002] HCA 56
http://www.austlii.edu.au/au/cases/cth/high_ct/2002/56.html
Euromarket Designs Inc v Peters and Crate & Barrel [2001] FSR 288
Licra v Yahoo Inc & Yahoo France (County Court Paris, 2000) available at http://www.lapres.net/yahen11.html
Yahoo Inc v Licra, 169 F.Supp.2d 1181  (N.D. Cal., 2001)
9th Circuit Court of Appeal Ruling (filed Jan 12, 2006) (available here http://tinyurl.com/alz5l )
Dow Jo nes & Company Inc v Gutnick [2002] HCA 56. Available at www.austlii.edu.au/au/cases/cth/high_ct/2002/56.html
Bangoura v Washington Post (On CA) Available at http://tinyurl.com/au9vr
DQI Topic: To prepare advice for an Internet Service Provider regarding their liability for under the EC Regs 2002 and the Safeharbour provisions (US) based on the Wikipedia dispute
Expected Responses: DQI plus 3-5 DQF
Study packs to include additional reference material and techniques for engaging with the material in a critical and reflective manner.
Assignment: Interim Report

Week Eight: Final Assignment

Primary material:
Internet Law Course Portfolio Check List
Expected Responses: DQI + 305 DQR
Assignment: Final Report


Teaching and Learning Strategies

Teaching Method 1 - Online Discussions Description: Weekly Online Discussions and Assignments in Virtual Classroom


Teaching Schedule

  Lectures Seminars Tutorials Lab Practicals Fieldwork Placement Other TOTAL
Study Hours             0
Timetable (if known)              
Private Study 150
TOTAL HOURS 150

Assessment

EXAM Duration Timing
(Semester)
% of
final
mark
Resit/resubmission
opportunity
Penalty for late
submission
Notes
             
CONTINUOUS Duration Timing
(Semester)
% of
final
mark
Resit/resubmission
opportunity
Penalty for late
submission
Notes
Individual Project There is a resit opportunity. Standard UoL penalty applies for late submission. This is not an anonymous assessment. Assessment Schedule (When) :Whole Session  Weeks 4,6         
Final Project There is a resit opportunity. Standard UoL penalty applies for late submission. This is not an anonymous assessment. Assessment Schedule (When) :Whole Session  Week 8    30       
Discussion Question There is a resit opportunity. Standard UoL penalty applies for late submission. This is not an anonymous assessment. Assessment Schedule (When) :Whole Session  Weeks 1-8    15       
Discussion Question Follow-on There is a resit opportunity. Standard UoL penalty applies for late submission. This is not an anonymous assessment. Assessment Schedule (When) :Whole Session  Weeks 1-8    15       
Hand-in Assignment There is a resit opportunity. Standard UoL penalty applies for late submission. This is not an anonymous assessment. Assessment Schedule (When) :Whole Session  Weks 2,3,5,7    35       

Recommended Texts

Reading lists are managed at readinglists.liverpool.ac.uk. Click here to access the reading lists for this module.

Other Staff Teaching on this Module

Ms LE McManus School of Law and Social Justice L.E.Mcmanus@liverpool.ac.uk

Modules for which this module is a pre-requisite:

 

Pre-requisites before taking this module (other modules and/or general educational/academic requirements):

 

Co-requisite modules:

 

Programme(s) (including Year of Study) to which this module is available on a required basis:

 

Programme(s) (including Year of Study) to which this module is available on an optional basis:

 

Additional Programme Information