LAW 723 Course Ouline

Course Name Course ID:

Session:

Location First Class

INFORMATION & TECHNOLOGY LAW LAW 723 Fall 2014 KHE 216PT th
Thursday
4 September

12 – 3 pm / 12:00 – 15:00 hrs

CONTACT INFORMATION

Name:

Dr. Stan Benda, Adjunct Professor, Ted Rogers / Osgoode Hall

Office:

TRS 3 – 039 (Adjunct offices behind Harry Rosen Classroom)

E-­‐mail:

[e-mail]

. Skype:

Stan.benda1

Consultation Hours:

I am available for consultation by telephone, email and preferably Skype. In general, I will reply to you within 48 hours.

I normally have office hours before class. Please email you are coming so I can ensure I can spend enough time with you.

COURSE INFORMATION

This course examines the constitutional backdrop to intellectual property, and then examines each type of intellectual property, first as a basic overview, and then in detail. The course then looks at the interplay of intellectual property and modern information technologies in the realms of software, music, internet, privacy.

The course also looks at anti-­‐ competition and international treaties concerning intellectual property.

COURSE OBJECTIVES

On completion of this course, students who have participated fully should have:

(1)

a solid knowledge of intellectual property, its exploitation, its limits (2)

an understanding of the interplay of law and technology (3) insight into the effect of technology on privacy, information and freedom of expression; and (3)

an enhanced capacity for critical legal thinking with respect to information and technology law.

Prerequisites and/or Exclusions: None

Posting of Grades and Feedback on Work: Grades on assignments and tests will be posted on the Blackboard site for the course. Students will receive the results of their first test before the final deadline for dropping courses without academic penalty. All assignments submitted for grading will be handed back as soon as possible.

E-­‐mail Communication: Students are required to activate and maintain a Ryerson Matrix e-­‐mail account.

This shall be the official means by which you will receive university communications. Faculty will not respond to student enquiries from any other e-­‐mail address. See Pol# 157 found at www.ryerson.ca/senate/policies for further information on this issue.

Course Drop Information: In general students have until the 8th week of one-­‐term courses to withdraw without academic penalty.

CALENDAR COURSE DESCRIPTION [content]

COURSE OVERVIEW AND OBJECTIVES

Learning Goals

Learning Objectives

General Learning Goals

Performance to be demonstrated in specific terms

Upon successful completion of the course of study, you should understand and appreciate the transfer of knowledge manifested as technology from a research setting to a commercial endeavor.

1. Knowledge of basic legal concepts and constitutional underpinnings

2. Knowledge of Intellectual Property Principles 3. Knowledge of Technology Transfer Concepts and Objectives 4. Knowledge of Privacy, Internet Regulation

5. International Treaties and Issues 6. In depth knowledge on one element of course

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Assurances of Learning Assessments that correspond to the learning objective. Exam

Exam Exam Exam Exam Annotated Bibliography

EVALUATION

The grade for this course is composed of the mark received for each of the following components:

Type of Assessment Group/Individual Percent/Weight Date Quiz Individual 15% 4th Oct 60 mins

multiple choice / T& F Mid-­‐Term Individual 30% 23rd Oct 90 mins

multiple choice / T & F Annotated Bibliography Individual 15% 22nd Nov Final Exam

Individual 40% TBA

120 mins

multiple choice / T & F TOTAL

100%

More detailed information is available on Blackboard about each of the assessments. Students will receive the results of their first test/term work before the final deadline for dropping courses without academic penalty.

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TOPICS – TENTATIVE SEQUENCE AND SCHEDULE

Tentative Schedule of Lectures and Tutorials

Dates

Topic

Required Reading

1

4th Sept

Introduction to Law

Overview of Intellectual Property

Patent Law

Materials posted on McInnes Chapter BlackBoard 18

2

11th Sept

3

18th Sept

4

25th Sept

5

2nd Oct

6

9th Oct

7 8

16th Oct

23rd Oct

30th Oct

9

6th Nov

10

13th Nov

11

20th Nov

22nd Nov

12

27th Nov

Materials posted on BlackBoard Materials posted on BlackBoard Materials posted on BlackBoard

Recommended Reading

McInnes Chapter 18 McInnes Chapter 18

Trademark Law

Trade Secrets, Confidential Information QUIZ 15% Copyright Materials posted on McInnes Chapter

BlackBoard 18

Copyright cont. Materials posted on

Licences (Technology Transfer)

BlackBoard READING WEEK MID TERM EXAM 30% Anti-­‐ Competition

Materials posted on McInnes Chapter Privacy BlackBoard 18 Access to Information Privacy (cont.) Materials posted on

Entertainment / Sports Law BlackBoard /Computer Games

E-­‐mail / Domain Names Internet Regulation

Materials posted on McInnes Chapter Cyber warfare BlackBoard 19 SPAM / Net Neutrality

Internet cont. Materials posted on McInnes Chapter Torts / Reputational Harm / BlackBoard 19 Defamation & the Net ANNOTATED BIBLIOGRAPHY DUE

You must process the paper through Turnitin AND submit a hard copy into Dr. Benda’s mailbox, TRS 1, Staff Mail Room; (bottom shelf on the right, 3 from the back.) You are encouraged to submit your paper earlier. Failure to Submit the Assignment is an automatic course F or Fail.

International Treaties & Issues Materials posted on McInnes Chapter BlackBoard 19 FINAL EXAM 50%

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TEACHING METHODS

Instruction is based primarily on classroom lectures and discussions of assigned cases through a Socratic based approach. This means students must be prepared to answer— as well as ask questions— on the day’s topics. Consequently a student is expected to be current on the readings. Students will prepare and post on their desk for each class a name plate in black magic marker 5” letters so that they may be called upon by name to answer questions.

TEXTS AND READING LISTS

Managing the Law, McInnes, 4rd Edition Additional readings are on Blackboard, and key readings will be identified.

If you are particularly interested in the subject matter or are looking for other sources to help you learn I recommend the following texts:

• A Guide to Personal Information Protection, Colin McNair; LexisNexis • Copyright Legislation, Justice Hughes; LexisNexis • Trade mark Legislation, Justice Hughes; LexisNexis • Canada’s Intellectual Property Law in Nutshell; (2 ed) Martin P.J. Kratz QC; Carswell

THE BULK OF READINGS ARE THE ARTICLES on Blackboard marked in red. You will have to pay attention to your readings in order to engage in class and gain the rewards of the materials.

OTHER COURSE ISSUES

All communication about the course or material related to the course will be posted on the Blackboard course site. In addition, all student study resources can be accessed through Blackboard. Students are expected to check the site regularly for updates.

Use of Turnitin: Ryerson has subscribed to a service called Turnitin.com which helps professors identify plagiarism and helps students maintain academic integrity. You agree, by taking this course, that all required papers are subject to submission to this service. You may be asked to submit your papers directly to Turnitin.com or your professor may choose to submit your papers. All submitted papers will be included as source documents in the Turnitin.com reference database solely for the purpose of detecting plagiarism of such papers. Use of the Turnitin.com service is subject to the terms of use agreement posted on the Turnitin.com site.

If you do not want your work submitted to this plagiarism detection service you must, by the end of the second week of class, consult with your instructor about the alternative requirements. You may be

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required to submit annotated bibliographies (with comments), periodic drafts, and/or copies of all source articles and websites.

When an instructor has reason to suspect that an individual piece of work has been plagiarized, the instructor shall be permitted to submit that work to any plagiarism detection service.

POLICIES AND COURSE PRACTICES

Policies and Course Practices

Course Management

Every effort will be made to manage the course as stated. However, adjustments may be necessary during the term at the discretion of the instructor. If so, students will be advised, and alterations will be discussed prior to implementation. Students will be informed of any alterations through email and/or announcements on Blackboard.

Academic Consideration

• Students must submit assignments on time and write all tests and exams as scheduled.

• Assignments submitted for grading will be handed back within two weeks except for the final exam.

• There will be no penalty for work missed for a justifiable reason. There are penalties in the other instance. Students need to inform the instructor of any situation that arises during the semester that may have an adverse affect on their academic performance, and request any necessary considerations according to the policies and well in advance. Failure to do so will jeopardize any academic appeals.

• Except in cases of accommodations for disabilities, where documentation is handled directly by the Access Centre, students must fill out an Academic Consideration form and submit it to their own program office.

http://www.ryerson.ca/content/dam/senate/forms/academic_consideration_document_submission.pdf

In addition, the following procedures must be followed as well:

o Medical certificates – If a student is going to miss a deadline for an assignment, a test or an examination because of illness, he/she must submit a medical certificate (see www.ryerson.ca/senate/forms/medical.pdf for the certificate) to their program office within 3 working days of the missed assignment deadline, test or examination. The program office will notify the instructor that the documents have been received. It is the student’s responsibility to make arrangements with instructor for a make up exam.

o Religious observance – While it is strongly encouraged that students make requests within the first two weeks of class, requests for accommodation of specific religious or spiritual observance

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must be presented to their program office no later than two weeks prior to the conflict in question (in the case of final examinations within two weeks of the release of the examination schedule). The student must submit a Request for Accommodation form (http://www.ryerson.ca/senate/forms/relobservforminstr.pdf) to their program office. The office will notify the instructor when they have received the request form.

o

o

o

Other requests for Academic Consideration which are not related to medical or religious observation must be submitted in writing together with the Academic Consideration form to the student’s program office. The letter must clearly state the reasons for the request and describe the events or circumstances that seriously impair the student’s ability to meet their academic obligations, and that were beyond the student’s control. When possible, supporting documentation must be attached to the letter. The office will notify the instructor when they have received the request.

Students with disabilities -­‐ In order to facilitate the academic success and access of students with disabilities, these students should register with the Access Centre www.ryerson.ca/accesscentre/. Before the first graded work is due, students should also inform their instructor through an “Accommodation Form for Professors” that they are registered with the Access Centre and what accommodations are required.

Regrading or recalculation – These requests must be made to the instructor within 10 working days of the return of the graded assignment to the class. These are not grounds for appeal, but are matters for discussion between the student and the instructor.

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•

Submission of the Academic Consideration form and all supporting documentation to your program office does not relieve you of the responsibility to NOTIFY YOUR INSTRUCTOR of the problem as soon as it arises, and to contact with the instructor again after the documents have been submitted in order to make the appropriate arrangements.

If you do not have a justifiable reason for an absence and/or have not followed the procedure described above, you will not be given credit or marks for the work missed during that absence.

For more detailed information on these issues, please refer to Senate Policy 134 at (Undergraduate Academic Consideration and Appeals) and Senate Policy 150 (Accommodation of Student Religious Observance Obligations). Both can be found at www.ryerson.ca/senate/policies/.

Professional Behaviour and Academic Integrity

• Certain forms of classroom behavior are not conducive to co-­‐operative learning in the classroom and seriously diminish the educational experience for other students. Such behavior includes the following:

ü habitual or noisy late arrival, holding private conversations during class, monopolizing class discussion or disrupting the class in any way. If you engage in behavior that is discourteous to other students in the classroom, you may be required to leave the classroom.

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ü

ü

ü

ü

Laptop computers used for non-­‐classroom activities are distracting to other students, speakers and your instructor. Students who do so will be asked to leave the classroom for the rest of that class and will be prohibited from bringing their laptop to class for the remainder of the semester. Cell phones, recorders and other electronic devices may not be used in class except with the express permission of the instructor.

Texting during class is conduct deserving of sanction and if repeated, removal from the class. Turn your phone off to avoid the temptation or the seduction of the flashing red light.

Inappropriate head dress: Unless worn for religious purposes, all head dress (hats / skull caps / scarfs) must be removed during class. This includes “hoodies” or any fashion / gang / biker scarf If you arrive late do not saunter across the front of the class and the professor oblivious to what is going on. If the classroom set up necessitates walking across the line of sight of the professor, then a quick verbal apology is required for the tardy and disruptive entrance.

This is not only about civility and communication, this is about appropriate behavior and dress for business students, even in the casual environs of a university.

• Please note that violation of any of the above rules may be considered an “offence” under Student Code of Non-­‐Academic Conduct (Policy 61) and may result in the imposition of various penalties.

• Students are required to adhere to all relevant University policies, such as the Student Code of Non-­‐
Academic
Conduct. University regulations concerning unacceptable academic conduct (cheating, plagiarism, impersonation, etc.) will be followed. See for example: http://www.ryerson.ca/senate/policies/pol60.pdf and http://www.ryerson.ca/senate/policies/pol61.pdf.

• Plagiarism is a serious academic offence and penalties range from zero in an assignment all the way to expulsion from the university. In any academic exercise, plagiarism occurs when one offers as one’s own work the words, data, ideas, arguments, calculations, designs or productions of another without appropriate attribution or when one allows one’s work to be copied. Students should review the guidelines regarding academic misconduct.

• It is assumed that all examinations and work submitted for evaluation and course credit will be the product of individual effort, except in the case of team projects arranged for and approved by the course instructor.

• Students must ensure that they understand the conventions for referencing sources in footnotes and bibliographies. In addition to citing quotations from all sources, whether from written materials, interviews, or electronic networks, students must credit with footnotes or in-­‐text references all facts and ideas that are not their own, even if they are in their own words. If you do not, it is considered plagiarism.

• Submitting the same work to more than one course, without instructors’ approval, is also

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considered plagiarism.

Students are strongly encouraged to visit the Academic Integrity Website at: http://www.ryerson.ca/academicintegrity/ and the Ryerson Library website for proper citation and style guides at: http://www.ryerson.ca/library/subjects/style/index.html.

Students who have committed academic misconduct will, at a minimum receive a “0” on the work, and an instructor may assign an “F” in the course. The Academic Integrity Seminar may also be assigned. Students will have the notation Disciplinary Notice (DN) placed on their academic record and official transcript. The notation shall remain until the students graduate, or for eight (8) years, whichever comes first. If you receive this in the first half of your program, you may undergo a petition process to have it removed in your last year.

Students who commit academic misconduct a second time shall be placed on Disciplinary Suspension (DS) for up to two years, at which time they may apply for reinstatement to a program. The designation DS shall be placed on their permanent academic record and official transcript. The notation shall remain until students graduate, or for eight (8) years, whichever comes first.

Disciplinary Withdrawn standing (DW) shall be permanently noted on students’ academic records and official transcripts. Expulsions shall be permanently noted on students’ academic records and official transcripts. NOTE: Students may not drop a course when they have been notified of the suspicion of academic misconduct. If a student attempts to drop the course, the Registrar’s office will re-­‐register the student in that course until a decision is reached.

Maintaining a Professional Learning Environment

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Unless provided for by the university, for each class students will post their name with large 5” letters, black magic marker paper name tags on their desks enabling the professor to address them by name.

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The expectation in using the Socratic teaching method is that students have read the assigned readings.

Attendance at class without prior preparation and an understanding of the readings leads to confusion, “noise” and an inability to comprehend the concepts.

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Students who arrive late or must leave early (e.g. medical appointment) shall do so with the least disruption to their classmates. If possible, basic civility instructs that the professor be notified in advance.

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NOTE: Students may not drop a course when they have been notified of the suspicion of academic misconduct. If a student attempts to drop the course, the Registrar’s office will re-­‐register the student in that course until a decision is reached.

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When an instructor has reason to suspect that an individual piece of work has been plagiarized, the instructor shall be permitted to submit that work to any plagiarism detection service.

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For more detailed information on these issues, please refer to the Student Code of Academic Conduct (see Pol#60 at www.ryerson.ca/senate/policies/ and the Academic Integrity Website (www.ryerson.ca/academicintegrity).

Standard for Written Work

Maintaining a Professional Learning Environment

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Students will be expected to sign in for each class.

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Unless provided for by the university, for each class students will post their name with large 4” letters, black magic marker paper name tags on their desks enabling the professor to address them by name.

•

Students who arrive late or must leave early (e.g. medical appointment) shall do so with the least disruption to their classmates. If possible, basic civility instructs that the professor be notified in advance.

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There are no private discussions during class. Focus is on the materials and how students are learning and comprehending the materials and the concepts therein. This means NO TEXTING! NO SURFING! NO ELECTRONIC COMMUNICATIONS! Hats off except those wore for religious purposes. Education is a process implemented through a respectful dialogue between student and professor. That means the professor prepares, reviews, and communicates. The student reads in advance, brings questions and explores. Doing anything else is a diversion and rude to the other party.

Examinations

• During examinations, students must display their Ryerson photo ID cards, valid driver’s license or other verifiable institutional form of identification. All electronic devices, such as cell phones and mp3 players are prohibited. Students are also not permitted to wear hats or to have food or drink (unless it is in a clear container with no label).

• For more detailed information on examination policies, please refer to Pol#135 at www.ryerson.ca/senate/policies/.

Course Repeats:

• Ryerson Senate GPA policy prevents students from taking a course more than three times. (i.e., registered initially, repeated once, repeated twice = 3 registrations) If you fail a required course for the third time, you will be assigned an academic standing of Withdrawn, and will be ineligible to continue in your program.

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Academic Grading Policy

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Evaluation of student performance will follow established academic grading policy outlined in the Ryerson GPA Policy (See Pol#46 at www.ryerson.ca/senate/policies/. The grading system is summarized below:

Definition

Excellent

Good

Satisfactory

Marginal

Unsatisfactory

Letter Grade

Grade Point

Conversion Range

A+

4.33

90-­‐100

A

4.00

85-­‐89

A-­‐

3.67

80-­‐84

B+

3.33

77-­‐79

B

3.00

73-­‐76

B-­‐

2.67

70-­‐72

C+

2.33

67-­‐69

C

2.00

63-­‐66

C-­‐

1.67

60-­‐62

D+

1.33

57-­‐59

D

1.00

53-­‐56

D-­‐

0.67

50-­‐52

F

0.00

0-­‐49

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