Digital Transactions - University of Houston Law Center

Prof. Chichester

Where:  This class meets on Wednesday from 4:00 to 6:00PM in room 119 TUII.

Objective:  The objectives of this course are to teach the substantive law of digital transactions and electronic commerce (with related intellectual property concepts) in a comprehensive manner, to consider ethical and professional questions related to the subject matter, and to integrate the subject matter with the analytical and practical skills necessary to the practice of law.

Required Materials: “Internet Commerce: The Emerging Legal Framework” Second Edition, by Margaret Jane Radin, John A. Rothchild, R. Anthony Reese, and Gregory M. Silverman.

Class Materials: From time to time, there may be class materials posted on this website. If the material is posted on the designated website, then it will automatically be a “required material” for purposes of the exam.

Grades: There will be one exam, namely the final exam. The final exam will have two sections:  a multiple choice section and an essay section. If your handwriting is bad, I suggest that you use a computer. Remember, if I cannot read your handwriting, I cannot give you points -- you will not receive the benefit of the doubt.  There will be no less than fourteen and no more than twenty multiple-choice questions, and at least one multiple-choice question will be directed to material covered from each week of the course.  The essay portion of the exam will have one fact pattern and one or more questions related to that fact pattern. You will earn points for identifying the relevant issues from the fact pattern. You will earn extra points for applying the cases that we discussed in class (or the reading) to the facts in the question. You will earn even more points if you take the other side's argument, and apply their cases to the facts in the question.  You will not receive any points for identifying issues or applying caselaw that are not germane to the case or supported by the facts.  The essay portion of the exam counts for half your grade, and the multiple-choice portion will count for the other half. I always grade on a curve (not an absolute score). I do give bonus points for class participation (e.g., change grade from B+ to A-). Those who are well prepared and participate in class are eligible for grade enhancement (the school allows that).

Attendance: This class does not deviate from the University's standard attendance policy. You must attend at least 80% of the classes. Students with less than 80% will be dropped automatically. Note, class participation is important for this course. If, for some reason, I am unable to attend a class, appropriate arrangements will be made (and discussed beforehand).  Students are strongly encouraged to bring their laptops to class and be certain that you have Internet connectivity in the classroom.  I will call on students during class, although not to recite cases.  Instead, I will call on you to apply the law (gleamed from the required materials) to fact situations presented in class.

Make-up Class Dates:  In the event that a class is canceled (due to a hurricane or other calamity), the make-up class will be held on December __, 2009 or another day designated (in advance) according to the applicable policy adopted by the Dean.  Note:  Events or other announcements will be made in the News or Events portion of this website.  You can subscribe to each of those pages with your favorite RSS aggregater.  If you don't know what RSS is, read about it here.

Office Hours:  You can request consultations outside of the regular class period.  Obviously the time immediately before class or immediately after class is most convenient.  However, we can arrange a mutually agreeable alternate time at a mutually agreeable location.

Course Outline: The course will cover the following subjects:

1. Introduction  (August 26, 2009)
   
2. Jurisdiction  (September 2, 2009)
   
3. Trademarks and Domain Names  (September 9, 2009)
   
4. Copyright Basics  (September 16, 2009)
   
5. Copy Restriction  (September 23, 2009)
   
6. Content Restriction  (September 30, 2009)
   
7. Trade Secrets and Database Protection  (October 7, 2009)
   
8. Patents  (October 14, 2009)
   
9. Closed Source Licensing  (October 21, 2009)
   
10. Open Source Licensing  (October 28, 2009)
    
11. Privacy  (November 4, 2009)
    
12. Electronic Commerce  (November 11, 2009)
    
13. Computer Crimes  (November 18, 2009)
    
14. Electronic Discovery  (December 2, 2009)