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)
Read Trademark Parody article

Jul 17

Rights of Publicity

Read No Doubt article

Jul 18

Jurisdiction

Ch. 8 (pp. 235-250)
Read the Jurisdiction material

Jul 22

Exam #2

 

Jul 23

Review Exam #2

Litigation & Arbitration
 

 

Read the Yahoo case (p. 241)
Ch. 5 (pp. 250-259)
Read the forum selection article

Jul 24

Contract Law

Ch. 9 (pp. 275-276, 285-287, 288-291, 292-295)
Make sure you read the cases beginning on pages pp. 275, 288, 290 & 294

Jul 25

Employment Law
Covenants Not to Compete

Ch. 10 (pp. 317-321, 323)

Jul 29

Privacy

Ch. 12
Read the privacy articles

Jul 30

Privacy

Ch. 12

Jul 31

Privacy Policies

 

Aug 1 Security and Crime Ch. 13 (pp. 401-421)

Sat., Aug 3
(11:50) 12:30-3:20

Exam #3

 

 

 

PowerPoints

 

    Introduction to Law

    Constitutional Law

    Equal Protection

    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

    Arbitration

    Contract Law
    Covenants Not to Compete

    Privacy Law

 

Links

 

United States Constitution

    Article I

        Section 8

    Article III

    Amendment I

    Amendment X

    Amendment XIII

    Amendment XIV

    Amendment XV

 

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

 

Facebook Privacy Policy

Google Privacy Policy

Apple Privacy Policy

 

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