Prof. D. A. Hughes            Spring 2013        Capital University Law School


(1) Internet Commerce: The Emerging Legal Framework
(2d ed.), by Radin, Rothchild, Reese, and Silverman.
(2006).  Foundation Press.  ISBN-13: 978-1587789182

(2) Internet Commerce: The Emerging Legal Framework, 2d ed., 2012 Supplement, Foundation Press. ISBN-13: 978-1609301576  

(3) Selected Intellectual Property and Unfair Competition Statutes, Regulations, & Treaties (2012 ed.), by Roger E. Schechter.  Thompson/West. ISBN-13: 978-0314281876



        This is an upper-division course in the various legal aspects of internet commerce, with primary focus on the intellectual property aspects attendant thereto.  It would be very helpful for students to have taken already the IP survey course, Copyright Law, and Patent Law (although it is by no means required that they have done so).  This course does not present an opportunity to fulfill the "upperclass" writing requirement.

        It is my view that "computer law" has largely become "the law of internet commerce" in the last decade, and that is why I have chosen to focus the course as I have done.  Please also note that our scheduled readings cannot cover every aspect of the law of the internet or computer law; it is simply not possible to fit everything in that one might like.  As it is, our reading schedule will be quite demanding!  Please note especially that the course will not cover the use of computers in discovery or at trial, contrary to old description of the course on the law school's website. 


        First, I expect each student to purchase his or her own copy of each of the required texts listed above.  Second, I expect students to complete all assigned readings in the texts prior to class.  Third, I expect students also to look closely in Schechter's compilation at any underlying statutory sections or restatement sections mentioned in the cases as they are reading the cases.  (I cannot emphasize too strongly the importance of reading the cases and statutes before class and seeking to understand how they interrelate.) 

        Students should be ready to participate in case analysis and in class discussion in a meaningful fashion.  Since this class carries only two-hours, there is no opportunity to fulfill the "upper-class" writing requirement.  There will be a three-hour, open book, take home exam, which I will distribute to you on our last day of classes, Tuesday, April 16, 2013, and which will be due one week later on Tuesday, April 23, 2013, at 5:00 p.m. in my office.

        Please note that this class packs a lot of reading (about 1100 pages) into a short amount of time (thirteen two-hour class meetings). Students who are severely pressed for time may wish to take another course instead. 


        Attendance is mandatory, and I expressly reserve the right to augment or to reduce a student's written grade in order to reflect class attendance and participation.  More than three unexcused absences may, at my discretion, be sufficient reason to lower a student's grade. 

        I expect that you will pay close attention in class and will be quiet when you are not participating in the discussion.  It is not permissible for students to answer cell-phones or pagers during class, absent a medical emergency.  Nor is it permissible for students to carry on side-conversations in class.  Please note that I expressly reserve the right to eject students from my classroom for improper conduct.  Students who are asked to leave will be considered absent without an excuse for the purposes of the attendance policy.


        My office is Room 456 in the library; my office telephone number is 236-6476; my email address is; and my Capital webpage is  Office hours are by appointment, and emailing me is probably the best way to set up an appointment.


        Please remember always to look for more recent material in the 2012 supplement that corresponds to the pages listed below in the main text for each class meeting.  








T 1-08 "Boilerplate" and Internet Commerce M.J. Radin, Reconsidering Boilerplate: Confronting Normative and Democratic Degradation, 40 Cap. U. L. Rev. 617 (2012). Link:

 T 1-15

Chapter 1
Regulatory Paradigms for Electronic Commerce

Chapter 1, pp. 1-63

 T 1-22

Chapter 2
Protecting Commercial Identity Online:  Trademarks

Chapter 2, pp. 64-156

 T 1-29

Chapter 3
Protecting Commercial Identity Online: Domain Names

Chapter 3, pp. 157-243

 T 2-05

Chapter 3 (Cont'd) & Chapter 4
Consumer Protection Online

Chapter 4, pp. 243-325

 T 2-12

Chapter 5

Chapter 5, pp. 326-389

 T 2-19

Chapter 6
Privacy Online

Chapter 6, pp. 390-459

 T 2-26

Chapter 7
Digital Goods: Copyright

Chapter 7, pp. 460-516

 T 3-05

Chapter 7
Copyright: Linking & Framing

Chapter 7, pp. 517-581

 T 3-12

Chapter 7
Copyright: Secondary Liability

Chapter 7, pp. 582-666

 T 3-19

Chapter 8 & Chapter 9
Information Assets: Databases &
Technological Protection of Digital Goods

Chapters 8 & 9, pp. 667-790

 T 3-26

Spring Break
No Class Meeting


 T 4-02

Chapter 10
Contracting Online

Chapter 10, pp. 791-904

 T 4-09

Chapter 10 (Cont'd) & Chapter 11
Business methods: Patents

Chapters 10-11,
pp. 904-1011

 T 4-16

Chapter 12
Intrusions on Interconnected Computers

Chapter 12, pp. 1012-1090

 T 4-23

Take Home Exam Due in My Office at 5:00 p.m.


Copyright 2004-2012 by D.A. Hughes, Jr.  All Rights Reserved.