CLONE/BACKUP - Spring 2016 | Tom Rubin | January 29, 2016

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CLONE/BACKUP - Spring 2016

Original Creator: Tom Rubin Current Version: Tom Rubin Show/Hide
Harvard Law School, Spring 2016 EDIT PLAYLIST INFORMATION DELETE PLAYLIST

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  1. 1 Show/Hide More Week 1 (January 28): Introduction
    Original Creator: Tom Rubin Current Version: Tom Rubin
    The digital age for content has been hastened by key technological
    developments, transformed by evolving consumption patterns and
    business models, and marked by antagonism between content
    owners and online technology leaders. We will discuss an overview
    of the Google Books case, drill down into the digital content
    revolution, and review the impact of Eldred.
  2. 2 Show/Hide More Week 2 (February 4): Origins of the Google Books dispute
    Original Creator: Tom Rubin Current Version: Tom Rubin

    Various factors – including lengthened copyright term, elimination of the registration requirement, and increased ability to access works – have led to stresses in the copyright system and opportunities for legal and technological innovation. Enter Google Books. We will examine the legal landscape that brought about the project, the agreements with libraries that made it possible, and the two resulting lawsuits that followed.

    Guest:
    Paul Courant, Professor and former University Librarian at the University of Michigan

    1. 2.3 Show/Hide More Copyright Office, Report on Orphan Works (2006)
      Read letters in preface to report and pp. 1-20, 29-34, 41-44, 92-93.
  3. 3 Show/Hide More Week 3 (February 11): Digital ADR
    Original Creator: Tom Rubin Current Version: Tom Rubin
    Disputes between content owners and technology innovators have long played a central role in the development of copyright law and business models for content. Several of those battles, particularly in the digital age, have been resolved in nontraditional and creative ways outside the courtroom. We will look in particular at the resolution of lawsuits involving the digital audio tape (DAT) recorder and YouTube, which included both legal and extralegal solutions.
    1. 3.3 Show/Hide More Audio Home Recording Act
      Read sections 1001-1004, 1006, 1008. Skim rest of sections.
    2. 3.8 Show/Hide More YouTube Content ID Handbook
      Read slides 5-13, 24-27, 35-39, 48-49, 57-59, 66-67.
  4. 4 Show/Hide More Week 4 (February 18): Google Books settlement
    Original Creator: Tom Rubin Current Version: Tom Rubin

    The Google Books project promised to enliven moribund works, create massive utility, and depressurize the copyright system. Copyright owners disagreed and sued, but the parties soon turned to quietly crafting a sweeping, lasting, and amicable resolution that took the world by storm. We will study the process, structure, and terms of the complex settlement.

    Guest:
    Joseph Gratz, Partner at Durie Tangri

    1. 4.1 Show/Hide More Authors Guild v Google settlement agreement dated 10/28/08

      READ IN SETTLEMENT AGREEMENT (WHICH IS AT TOP OF PAGE):
      1. Whereas clauses
      2. Article I – Definitions (as you encounter terms in other provisions)
      3. Article II – Settlement Benefits (whole thing)
      4. Article III – Google Book Search (whole thing)
      5. Article IV – Economic Terms (4.1(a)(i), 4.1(a)(ii), 4.1(d), 4.2(a), 4.3(a), 4.3(b), 4.4, 4.5(a), 4.5(b)(vi), 4.7)
      6. Article V – Other Settlement Benefits (5.1, 5.2, 5.5)
      7. Article VI –Registry (6.1, 6.2(b), 6.3(a), 6.5)
      8. Article VII – Libraries (7.2(a), 7.2(b)(v), 7.2(b)(vi), 7.2(b)(vii), 7.2(d)(i), 7.2(d)(iii), 7.2(d)(vi-x))
      9. Article X – Releases (10.1(f), 10.2(b)(ii), 10.2(h))
      10. Article XVI – Right to Terminate Agreement
      11. Attachment M – Settlement Agreement between Publishers and Google

      SKIM IN ATTACHMENTS:
      Attachment A – Author / Publisher Procedures
      Attachment C – Plan of Allocation
      Attachment I – Notice of Class Action Settlement
      Attachment J – Summary Notice of Class Action Settlement

  5. 5 Show/Hide More Week 5 (February 25): Opposition to settlement
    Original Creator: Tom Rubin Current Version: Tom Rubin
    Courts routinely rubberstamp class action settlements. The Google Books settlement was on a path to be no exception. How that changed is a study of interests and activism in the digital age. We will examine the rise of the opposition to the settlement and review key objections from governments, public interest organizations, rightsowners, competitors, and others.
  6. 6 Show/Hide More Week 6 (March 3): Outcome of settlement
    Original Creator: Tom Rubin Current Version: Tom Rubin
    Nearly two and a half years after the settlement was filed, the court issued a decision rejecting it. We will study the lead up to Judge Chin’s decision rejecting the settlement, including a Congressional hearing and the fairness hearing, and closely analyze the court’s decision.
    1. 6.1 Show/Hide More Plaintiffs' Supplemental Memorandum Responding to Specific Objections
      Read pp. ii-v (table of contents) and any 40 pages of this or Google's brief.
    2. 6.2 Show/Hide More Brief of Google Inc. in Support of Motion for Final Approval of Amended Settlement Agreement
      Read pp. i-ii (table of contents) and any 40 pages of this or plaintiffs' brief.
    3. 6.3 Show/Hide More Transcript of Fairness Hearing (2/18/10)
      Read pp. 14-21, 39-44, 131-137, 143-149, 158-165.
  7. 7 Show/Hide More Week 7 (March 10): Class certification
    Original Creator: Tom Rubin Current Version: Tom Rubin

    The digital age offers the promise of democratizing creativity and providing creators with unprecedented opportunity to build audiences and distribute works how and where they see fit. The class action issues in the Google Books case highlighted the heterogeneous nature of creators today. We will look at the interests and arguments that led to class certification being granted by the district court and then overturned on appeal.

    Guest:
    Mary Rasensberger, Executive Director at The Authors Guild

    1. 7.2 Show/Hide More Google's brief on appeal of class certification
      Read pp. 14-25 and skim pp. 36-48.
    2. 7.6 Show/Hide More The Authors Guild
      Review website, in particular “Where We Stand.”
    3. 7.7 Show/Hide More Authors Alliance
      Review website, in particular “Engage With Our Issues.”
  8. 8 Show/Hide More Week 8 (March 17): Digital fair use
    Original Creator: Tom Rubin Current Version: Tom Rubin
    The doctrine of fair use has evolved and been transformed by the technologies and opportunities of the digital age. We will study the development of digital fair use in the Internet age.
    1. 8.8 Show/Hide More Perfect 10 v. Amazon & Google (9th Cir. 2007)
      Read Sections I and III.C (Fair Use). Skim Sections III.A (Display) and III.B (Distribution).
  9. 9 Show/Hide More Week 9 (March 31): HathiTrust & Google Books fair use
    Original Creator: Tom Rubin Current Version: Tom Rubin

    Nowhere have the boundaries of fair use in the digital age been fought more fiercely as in the case of books. We will closely examine the issues raised by Authors Guild’s litigations against Google and against HathiTrust, their outcomes, and the pending cert petition before the Supreme Court.

    Guest: Fred von Lohmann, Legal Director for Copyright at Google.

  10. 15 Show/Hide More Week 11 (April14): Amazon and Apple
    Original Creator: Tom Rubin Current Version: Tom Rubin

    While the Google Books case was pending and Amazon’s market position was strengthening, Apple entered the ebooks market in a way that drew the attention of regulators. We will review the antitrust case against Apple, how it originated, and how it relates to the others issues and players in the publishing ecosystem, including Amazon.

    Guest:
    David Zapolsky, general counsel of Amazon

    1. 15.2 Show/Hide More United States v. Apple (2d Cir. 2015)
      Read pp. 1-106 and skim rest of opinion, concurrence and dissent.
  11. 16 Show/Hide More United States v Apple (S.D.N.Y. 2013)
    Read pp. 1-5, 9-75, 83-90, 94-99, 102-04 and 113-22 [skim the other pages through p. 122; no need to read beyond p. 122].
  12. 23 Show/Hide More Week 12 (April 21): Digital copyright policymaking
    Original Creator: Tom Rubin Current Version: Tom Rubin
    Copyright law is a 20th (and, at times, 19th) century blueprint that is ill-suited to the design and construction of the 21st century digital world. Fixes are urgently needed yet policy lags farther and farther behind. We will study opportunities for change and propose changes to modernize the Copyright Act.
    1. 23.2 Show/Hide More James Grimmelmann, Copyright for Literate Robots (2015)
      Link brings you to the download page. You can choose the “download anonymously” option if prompted to log in.
  13. 24 Show/Hide More Week 2 (February 4): Origins of the Google Books dispute
    Original Creator: Tom Rubin Current Version: Tom Rubin

    Various factors – including lengthened copyright term, elimination of the registration requirement, and increased ability to access works – have led to stresses in the copyright system and opportunities for legal and technological innovation. Enter Google Books. We will examine the legal landscape that brought about the project, the agreements with libraries that made it possible, and the two resulting lawsuits that followed.

    Guest:
    Paul Courant, Professor and former University Librarian at the University of Michigan

    1. 24.3 Show/Hide More Copyright Office, Report on Orphan Works (2006)
      Read letters in preface to report and pp. 1-20, 29-34, 41-44, 92-93.
  14. 25 Show/Hide More Week 6 (March 3): Outcome of settlement
    Original Creator: Tom Rubin
    Nearly two and a half years after the settlement was filed, the court issued a decision rejecting it. We will study the lead up to Judge Chin’s decision rejecting the settlement, including a Congressional hearing and the fairness hearing, and closely analyze the court’s decision.
    1. 25.10 Show/Hide More Transcript of Fairness Hearing (2/18/10)
      Read pp. 14-21, 39-50, 65-68, 131-137, 143-149, 158-165.
  15. 26 Show/Hide More Cambridge University Press v. Patton (11th Cir. 2014)
    Read pp. 1-16, skim pp. 55-91, read pp. 92-107, skim pp. 108-112.
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Playlist Information

February 14, 2016

Author Stats

Tom Rubin

Lecturer

Stanford Law School

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