Slashdot Mirror
Suggested Reading for IP Lawyers?
Javert42 asks: "As graduation day comes nearer, and after reading two articles in Wired, the idea of graduate work in Computer Science isn't looking so appealing. I've been considering studying IP law for a few months, but realizing that my only experience with the matter is reading stories on Slashdot, I'd like some more input in order to form my own opinions and basic philosophy on the topics of copyrights, patents, and other IP issues, especially as they relate to computing. What reading material can you suggest that presents the key issues objectively (to start off with), and what can you suggest as far as argumentative works go?"
I've been considering studying IP law for a few months, but realizing that my only experience with the matter is reading stories on Slashdot...
You aren't really diversifying your experience then are you?
Karma: Meh (Mostly from meh.)
Like The Future of Ideas: The Fate of the Commons in a Connected World and Code and Other Laws of Cyberspace, plus his blog and if you can find it, his grocery list.
...and buy some green, hardcover West Hornbooks, or some softcover In A Nutshell summaries of copyright, patent and trademark law.
Or you could try sites such as The Intellectual Property Page or one of several hundred other sites that a search engine would provide.
but realizing that my only experience with the matter is reading stories on Slashdot, I'd like some more input in order to form my own opinions and basic philosophy
And so you post a question to Ask Slashdot?
I would recommend picking up a few casebooks written for law students (probably available in your university bookstore, or your university's lawschool bookstore, or in your university's library or law library). These are useful for a several of reasons:
(1) they'll give you a good, thought-provoking overview of the field;
(2) most casebooks do not assume much background legal knowledge (though they'll probably assume *some* background legal knowledge),
(3) the cases in the books are "boiled down" versions that present only the important bits of the cases; and
(4) the casebooks are (relatively) objective.
"The dinosaurs died because they didn't have a space program." - Niven
Literary Law Guide for Authors [/. book review :]
Pixels keep you awake!
As someone who teaches Cyberlaw and runs a program on law and technology, I'd urge you to consider broadening your horizons a bit, and to focus on practical rather than theoretical discussions. As relevant as IP law is to the technology industries, it is only one small part of the whole picture. Contract law, corporate structure finance (yes, even in this post-bubble era!), privacy law and especially international law are also crucial subjects to learn.
I'd echo the sentiments of those who said to take a look at casebooks and other law school texts in a local library. You can also go to the sources for IP law: the U.S. Copyright Office and Patent and Trademark Office have some good basic info, as does the Federal Trade Commission on privacy rules. This site has a good list of info. on doing e-business throughout the world. Finally, for an introduction to Internet-related business legal issues, you can always find my book in a local library.
Finally, you'll need to decide if you actually want to be a lawyer. Law school is rather expensive these days, even for state schools, and the loan burden for many of our students is severe. Feel free to e-mail me if you'd like to ponder this further. {Professor Jonathan Ezor}
Patent Wrongs, Illana Mercer
Rethinking Patent Law, Gene Callahan
Against Intellectual Property, Stephen Kinsella
social sciences can never use experience to verify their statemen
Seriously, go read Groklaw. And maybe call up a local attorney. Certainly somewhere in your circle of friends/family, someone has contact with some kind of attorney. Finagle an informational interview.
Jesus was all right but his disciples were thick and ordinary. -John Lennon
...unless you really want to become a lawyer. This means that you really know what lawyers do, like doing it, and like doing it for 60+ hours per week .
;) The problem is that few associates get to work on anything so interesting.
Look up some IP lawyers at the larger firms in your area and give them a call. Ask questions about the quantity and quality of their day-to-day workload. And I'm not talking partners, I'm talking associates--'cause that's what you'll start off as.
IP law is interesting, and I am enjoying learning it, partly because so much of it is wrong
There are other options besides becoming a lawyer once you graduate of course, but they are few and far between. Oh, and don't forget about the crushing debt!
YMMV of course, and IANALY (y = yet), but most associates I know would counsel against becoming a lawyer.
cleetus
You'll need to develop a thick skin - as this thread shows most will hate you. Many will despise you; some will mean it, some follow the mob, some envy your money. It only ever changes when they need you or if like me you help out Free software users/companies. You have to let it bounce off, and if you can't it's not the job for you.
Practical exposure to the law will help: ask law firms if there are any prospects for temporary work, internships, offer to work free for a couple of weeks, whatever - you'll be really really lucky if you succeed. Or try a free legal advice project anything to get a handle on real law. It's enough to convince some people the law is not for them - for others it cements the motivation. By the way I recommend pro bono work for FOSS groups or digital campaign groups; it's a great antidote to regular clients & just feels good.
Once you've done that google & start reading a wide variety of stuff; but dont confine yourself to rant pages like /., Lessig has done some very thoughtful policy essays. But also hang out in the inventors & business Usenet forums and ask them: you need a variety of views and user objectives. Contrary to what /.'ers think its not ALL about megacorps screwing over the little man. As for reading material if you want to get a handle on policy you'll find that you wont understand the best texts until you have a good grounding in IP law. At the same time the 101 course materials tend to be a bit dry so I dont have any good suggestions - but the USPTO site is quite interesting.
The professor raises the other important point which is finance. Its an expensive long process to undertake and the competition is ferocious. Lots of people burn out and some get there only to wish they hadn't. Understand that you might also find yourself practising in an area you hadn't intended: you might want to be an IP lawyer but you might wind up doing crime or corporate finance crap because that's all you could get; it's happened to a few friends of mine. yech.
Good luck!
-he who laughs last, is a bit slow.
journal
/. loves IBM's attorneys now, but both firms on IBM's side are large (300+ attorneys) firms that will possibly, someday, be on the side that you don't approve of. Then, they will become "evil".