Apart from their assigned mod courses, 1L students may only enroll in courses offered as 1L electives. A complete list of these courses can be found on the 1L Elective Listings page. 1L students must use the 1L class number listed on the course description when enrolling.
278 sec. 001 - Copyright, Competition, and Technology (Spring 2025)
Instructor: Andrew Gass (view instructor's teaching evaluations - degree students only)
View all teaching evaluations for this course - degree students only
Units: 1
Grading Designation: Credit Only
Mode of Instruction: In-Person
Meeting:
Tu 3:35 PM - 5:25 PM
Location: Law 132
From January 14, 2025
To March 11, 2025
Course End: March 11, 2025
Class Number: 32876
Enrollment info:
Enrolled: 81
Waitlisted: 2
Enroll Limit: 81
As of: 12/21 11:55 PM
This class will present a selective overview of current topics at the intersection of copyright and antitrust law. From AI to streaming services and beyond, digital initiatives across industries increasingly implicate both of these complex legal regimes, rather than just one. Policy solutions to challenges presented by new technologies frequently reflect limitations imposed by antitrust and copyright working in tandem--or, occasionally, at cross-purposes. To consider legislative, regulatory, or judicial responses by reference to one body of law without the other is to ignore an entire category of essential constraints and opportunities.
Topics to be addressed over the course of the semester include, among others:
* Regulating AI through IP;
* Current issues in industry-wide music licensing;
* Does copyright misuse care about competition?;
* The law and economics of DMCA anticircumvention claims as a "tying" tool;
* Content moderation requirements as a barrier to platform competition
The seminar will be led by Andy Gass, a partner at Latham & Watkins LLP in San Francisco. Mr. Gass graduated from Berkeley Law in 2008, clerked for the Honorable Stephen F. Williams on the U.S. Court of Appeals for the D.C. Circuit, and has taught a variety of courses on copyright- and competition-related topics at Berkeley law since 2011. Syllabi from prior years are available at https://andygass.org.
Exam Notes: (P) Final paper
(Subject to change by faculty member only through the first two weeks of instruction)
Course Category: Intellectual Property and Technology Law
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Books:
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