MGT 3608
Technology Law and Ethics
Summer 2013
MTWTh 2:40 - 4:10 pm Room: Lecture B
Instructor: Jordan (Jody) Blanke
E-mail: blanke_j@mercer.edu
Website: www.blanke.net/GT/MGT3608
Textbook
CyberLaw Text and Cases, 3rd Ed., by Ferrera, Reder, Bird, etc., ISBN 0-324-399972-3
Course Description
Virtually every aspect of business and management decision-making is touched by computing, information technology, and digital media. These influences are pervasive in private and public communication, transactions, and social interactions and often serve as the infrastructure for organizations including commercial, banking and financial organizations, federal, state and local government and politics, utilities, national defense, educational organizations, and entertainment. This class will examine some of the ethical and legal issues associated with computers, information systems, and public and private networks including the Internet as they relate to management decision-making in a wide variety of areas. Some of the areas to be covered include intellectual property protection, business-related crime, viruses, privacy, security, reliability, work environments, liability, and artificial intelligence. Balancing of the needs and desires of individuals or groups against those of other individuals or groups (including business, economic, professional, individual, governmental and social interests) within a business context will be a focus of the class.
Prerequisites
MGT 2106 or its equivalent with a passing grade and Junior/Senior Status
Course Objectives
1. Students will gain an understanding of why the ethics and law of technology is important in the business environment.
2. A heightened awareness of the legal, ethical and social implications of modern technology, on both an individual and organizational level.
3. Students will develop critical thinking skills in evaluating and analyzing ethical dilemmas and legal issues.
4. Students will be able to identify a variety of legal and ethical issues generated by emerging technologies.
Classes
The structure of the class will be primarily lecture, although participation is strongly encouraged. Please read the assigned materials before class and be prepared to participate. The class is much more interesting if it is not presented as a monologue.
Cell Phones, Laptops and other Devices
Please turn off all your cell phones and other devices during class. You may use your laptop or tablet to take notes and to do activities related to class. If you need to use it for other purposes, please leave the classroom to do so.
Covered Material and Absence Policy
You are responsible for all assigned readings from the textbook, all additional readings assigned (as posted on the website), and all class discussions (whether you are there or not). If you miss a class, it is your responsibility to find out what you missed. I recommend getting class notes from at least two classmates. If you miss more than two classes, your grade will automatically be lowered one letter grade; if you miss more than four classes, your grade will automatically be lowered two letter grades.
PowerPoints
There will be PowerPoint presentations for many of the classes. I will post them to the website (usually after class). Please do not mistake possession of the PowerPoints with mastery of the subject matter. They are merely outlines of the material presented.
Grading
There will be three exams (including the third exam, which will be a non-comprehensive final). Each exam will cover approximately a third of the material and will consist of a combination of multiple choice questions and short essays. Final grades will be determined according to this calculation:
Exam #1 30%
Exam #2 30%
Exam #3 30%
Class Participation 10%
There are no make-up exams or extra-point assignments. If you are going to miss an exam for a legitimate reason (e.g., significant illness, death (yours or others), tell me beforehand and be prepared to provide the appropriate documentation.
Grades will be based upon this scale:
A 90-100
B 80-89
C 70-79
D 60-69
F 59 and below
Students are not permitted to remove examination materials from the classroom during the examination or after its completion. Upon completion of the examination, students must turn in their answer sheets and examination questions.
The Exams
The exams are not open book exams. You are not permitted to use any written or electronic media during the exams. You are expected to complete the exams by yourself.
Student Honor Code
Students are expected to be aware of and abide by the Georgia Institute of Technology’s Academic Honor Code with respect to all aspects of their participation in the course, including Article II, Section 3 establishing student responsibilities with respect to academic integrity. Compliance with the Academic Honor Code also includes all aspects of the Honor Agreement signed by students as a condition of their enrollment in the College of Management. Any student suspected of engaging in behavior in violation of the Academic Honor Code or the Honor Agreement shall be referred to the Office of Student Integrity and the Office of the Dean of Students for appropriate action.
Disability Accommodation
The Georgia Institute of Technology has established policies with respect to disability accommodation through Access Disabled Assistance Program for Tech Students (ADAPTS). These policies may be accessed at the ADAPTS website located at http://www.adapts.gatech.edu. Students seeking disability accommodation are specifically referred to the student guide and documentation pages on this website. Students failing to comply with the requirements set forth in ADAPTS will not receive accommodation.
Legal Disclaimer
Any and all opinions or statements as to legal matters made by the instructor are for classroom purposes only and are not intended and should not be construed as dispensing legal advice. This disclaimer includes conversations with students during and outside of class.
Schedule
This schedule should provide a fairly good timetable for coverage of topics. The exams will be given on the dates listed.
Date |
Topic |
Assignments |
Jun 24 |
Introduction to the Law |
Ch.1 & Ch. 2 |
Jun 25 |
Introduction to the Law |
|
Jun 26 |
Introduction to the Law | |
Jun 27 |
Introduction to the Law | |
Jul 1 |
Copyright Law |
Ch. 5 Read the "Happy Birthday" articles (below) |
Jul 2 |
Copyright Law |
Read DaVinci Code article Read Copyright Law in the Digital Age Read SunTrust v. Houghton Mifflin |
Jul 3 |
Copyright Law |
Read Ripping and Digital Copies articles Read Tales From the Public Domain |
Jul 4 |
Patent Law |
Ch. 6 |
Jul 8 |
Patent Law |
Read Patent cases and articles |
Jul 9 |
Exam #1 |
|
Jul 10 |
Trademark Law | Ch. 4 |
Jul 11 |
Trademark Law |
Ch. 4 Read Trademark articles |
Jul 15 |
Trade Secret Law |
Ch. 7 |
Jul 16 |
Jurisdiction |
Ch. 8 (pp.
235-250) |
Jul 17 |
Rights of Publicity |
Read No Doubt article |
Jul 18 |
Jurisdiction |
Ch. 8 (pp.
235-250) |
Jul 22 |
Exam #2 |
|
Jul 23 |
Review Exam #2 |
Read the
Yahoo case (p. 241) |
Jul 24 |
Contract Law |
Ch. 9 (pp. 275-276, 285-287, 288-291, 292-295) |
Jul 25 |
Employment Law Covenants Not to Compete |
Ch. 10 (pp. 317-321, 323) |
Jul 29 |
Privacy |
Ch. 12 |
Jul 30 |
Privacy |
Ch. 12 |
Jul 31 |
Privacy Policies |
|
Aug 1 | Security and Crime | Ch. 13 (pp. 401-421) |
Sat., Aug 3 |
Exam #3 |
PowerPoints
Copyright Law (full version)
Patent Law
Trademark Law
Trade
Secret Law
Trademark Parody
No Doubt About
It: You've Got to Have Hart
Jurisdiction and Summary Judgment
Contract Law
Covenants Not to Compete
Links
Your Guide to the Georgia Courts (PDF file)
Supreme Court Affirmative Action Case - Fisher v. University of Texas (PDF file) (you do not have to read the entire opinion)
New York Times article about the decision
Little Asia on the Hill - New York Times article
The
Trouble with Quotas - New York Times article
Copyright Law
Birthday Song's Copyright Leads to a Lawsuit for the Ages - New York Times article
Who Really Wrote the 'Happy Birthday' Song? - USA Today article
DaVinci Code Case Addresses Copyright Protection for Ideas - article
Copyright Law in the Digital Age (book chapter - PDF file)
SunTrust v. Houghton
Mifflin (Word doc) or
online -
Excellent 11th Circuit decision regarding copyright and fair use ("The Wind Done
Gone")
Tales from the Public Domain:
BOUND BY LAW? - Comic book
by Duke Law Professor
Ripping - Wikipedia article
Law Relaxed on Digital Copying - BBC article
A Fair(y) Use Tale - Disney video
Sample Test Questions - PDF file
Patent Law
Patent 1
Patent 2
Patent 3
Patent 4
Mayo v. Prometheus - edited 2012 Supreme Court case (PDF file)
Association for Molecular Pathology v. Myriad Genetics - 2013 Supreme Court case (PDF file)
Justices, 9-0, Bar Patenting Human Genes - New York Times article
Popular Wrench Fights a Chinese Rival - New York Times article
Following Up with Dan Brown, Inventor of the Bionic Wrench - New York Times article
Make Patent Trolls Pay in Court - New York Times article
Trademark Law
Another Google AdWords Advertiser Defeats Trademark Infringement
Lawsuit--CollegeSource v. AcademyOne - Technology &
Marketing Law Blog
With Rosetta Stone Settlement, Google Gets Closer to Legitimizing Billions of
AdWords Revenue - Forbes.com article
Google Wins Landmark AdWords Case in Australia - CNET.com article
Victor's Little Secret: Supreme Court Decision Means More Protection for Trademark Parody - law journal article - (PDF file)
Right of Publicity
No Doubt About It - You've Got to Have Hart: Simulation Video Games May Redefine the Balance ... - law journal article (PDF file)
N.F.L. Deal on Use of Images Divides Retirees - New York Times article
Ryan Hart's Electronic Arts Lawsuit for Video Game Not Over Yet
Former College Football Star Wins Court Victory Against Video Game Giant
Appeals Court Revives ex-QB's Lawsuit
Over 'NCAA Football' Game
NCAA to End Deal with EA
Jurisdiction, Litigation, ADR
Personal Jurisdiction and the Internet - outline (PDF file)
Georgia's Long Arm Statute Expanded to Include eBay Sales - article
U. S. Supreme Court to Take on Forum-Selection Clauses - article
Privacy
Introduction to the Right of Privacy - law journal article (PDF file)
Katz, and the Origins of the "Reasonable Expectation of Privacy" Test - law journal article (PDF file)
Katz v. United States: The Untold Story - law journal article (PDF file)
United States v. Jones - 2012 Supreme Court case (PDF file)
Data Protection Law in the U.S. and the Fair Information Principles - law journal article (PDF file) - read pages 6-9 regarding these two topics
Electronic Privacy Information Center - epic.org
Pinterest Allows Users to Opt Out of Being Tracked - New York Times article
New Jersey Court Issues Landmark Location Privacy Decision - epic.org summary
Order of Presentations
Children's Online Privacy Protection Act and the Video Privacy Protection Act - PPT
United States v. Jones - PPT
Facebook Privacy Policy - PPT
Google Privacy Policy - PPT
Apple Privacy Policy - PPT
Jay Z's Magna Carta ... Holy Grail and Amazon 1Button for Chrome - PPT
Privacy Fix