Class Topics July 8, 2009

 This section is an overview of the IP system in the U.S.  Exhibit 1.2 is especially helpful Cybewrlaw & E-Commerce - J. Pittman 2

 This section presents an overview of the U.S. system of federalism, especially as it relates to IP  In that regard, exhibit 1.3 illustrates federal and state IP coverage  Note federal supremacy under the Constitution, as illustrated by the following slide  See federal circuit/district mapfederal circuit/district map Cybewrlaw & E-Commerce - J. Pittman 3

1st Tier - Law Sources – in Rank Order Cybewrlaw & E-Commerce - J. Pittman 1. US Constitution 2. Federal Statutory Law 3. State Constitution 4. State Statutory Law 5. Local Law Above sources are created by lawmakers and interpreted by courts – Stare Decisis is important regarding precedents  Stare Decisis, or  Overruling Precedent, or  Creating First Precedent Common law is created by and found only in state court opinions 4 2 nd Tier - The Common Law Process

 Note the role of administrative agencies  In areas where state law is the primary source of regulation, variation between the states is a potential problem  To address this issue, many states have adopted “uniform” legislation in selected areas such as trade secrets or sales law  See The National Conference of Commissioners on Uniform State LawsThe National Conference of Commissioners on Uniform State Laws Cybewrlaw & E-Commerce - J. Pittman 5

 Speech issues are always an important legal concern  For the text of the Constitution and the First Amendment, see U.S. ConstitutionU.S. Constitution  Regarding a current controversy, see Idea that would help save newspapers makes bloggers howlIdea that would help save newspapers makes bloggers howl  Apply the textbook five-part analysis, pages 21-22, to the newspaper/blogger controversy Cybewrlaw & E-Commerce - J. Pittman 6

 Analyze the CoolEdge questions, textbook pages 55-56:  Company truck has an accident in Oregon with a Florida resident  Which state has personal jurisdiction,general or specific? (See Exhibit 2.5)  Florida?  California?  Oregon? Cybewrlaw & E-Commerce - J. Pittman 7

Jeffrey Pittman - Cyberlaw & E- Commerce 8  Compare the CoolEdge question on page 54 to the iAccess case, pages and Verizon, pages  Using iAccess, would a German court find personal jurisdiction based on the Website comparisons to competitors?  Using Verison, would a German court find personal jurisdiction based on the Website comparisons to competitors?

Jeffrey Pittman - Cyberlaw & E- Commerce 9  Why did the court rule for Pavolich in his case, pages 64-65?  What is the practical effect of the court’s ruling?

Jeffrey Pittman - Cyberlaw & E- Commerce 10  Using the CoolEdge comments on page 66, why could the former Arkansas employee not sue CoolEgde in Arkansas?

Jeffrey Pittman - Cyberlaw & E- Commerce 11  How do forum selection and choice of law clauses affect our jurisdiction analysis?  In general, these clauses must be voluntary, have a nexus with transaction, and be open and obvious  Courts are more likely to enforce theses clauses between businesses or sophisticated parties

 How do the Yahoo! lawsuits involving France illustrate foreign jurisdiction, American jurisdiction, comity, ripeness and choice of laws  Yahoo! v. La Ligue Contre Le Racisme Yahoo! v. La Ligue Contre Le Racisme Cybewrlaw & E-Commerce - J. Pittman 12

 CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS Cybewrlaw & E-Commerce - J. Pittman 13