Email Exchange on Term Papers (Copyright Semester)

The following email correspondence is typical of many proposals from members of the class. These proposals suggest, doubtless inadvertently, a paper on a non-copyright, non-IP subject that has a non-substantive and tangential connection with copyright. The email is presented here (name withheld) to help you appreciate that such paper proposals are not appropriate.

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To:   Professor Stern
From:

I am sending this email to confirm that my topic for class is acceptable since I have not communicated it to you. I am writing about protecting copyrighted software involving Internet transaction. I have discussed the enforceability of shrink wrap licenses and click wrap licenses and am proposing additional alternatives, such as having organizations similar to ASCAP to assist in distributing software over the Internet. I haven't gone too far that the paper cannot be modified if this is unacceptable.
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Response:

Your paper concerns how to enforce contracts for the sale or other transfer of a copyrighted product. Like many other proposals for papers, it does not concern substantive issues of copyright law. The legal discussion in your paper would be substantially the same if the product sold were dog food or electric power.

That is not really a paper about copyright law at all, despite the fact that the thing sold is copyrighted. You should find another topic - one dealing with substantive IP law issues such as whether it is copyright infringement to do thus and such, and what the consequences (good or bad) of such a holding are. Framing is an example of this. Linking is, also, as discussed in class, March 31. Others may occur to you as a result of reading the Notes at the end of cases in the casebook.

Caveats:

• Please completely forget about papers that are not about (1) copyright and (a) computers or (b) the Internet - or are at least about (2) patents and (a) computers or (b) the Internet. There are many things to write about that are within the subject matter of this course.
• Please completely forget about the idea of finding a topic for a paper that can be used for two different courses. It doesn't work and GWLS frowns on it.
• If you paraphrase a source, attribute (e.g., by footnote). If you any more than de minimis use an idea from a source, attribute the idea to the source. GWLS considers termination with extreme prejudice appropriate in cases of failure to attribute. So, err on the side of attribution. (No joking. No ;-) This is for real.)

Further Material on Papers

Patents

Paper topics for those who want to avoid substantive patent law and technology:

• Read the notes at the very end of chapter 1. Address whether uncompensated patent infringement by a state or state agency is a taking of private property in violation of the takings clause.
• Read the notes at the very end of chapter 11. Address the proper allocation of liability between a seller and its customer when a patentee establishes that the customer infringed a patent related to the goods that the seller sold to the customer.