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?"

Comments

Isn't that funny...

[dmayle]

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?

Casebooks for Law Students

[CaptainStormfield]

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.

This might be useful?

[Chexsum]

Literary Law Guide for Authors [/. book review :]

Some thoughts from a Cyberlaw professor

[jezor]

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}

I'm an IP lawyer

[geeklawyer]

What you really need to do is get some practical experience of the law. Its not enough to read /., though all the IANAL's are good for a laugh. Obviously you understand that you typically get one end of the spectrum on this site. Thats not a bad thing and I agree with the policy concerns the majority here express. But its also important to take it from the other end too - understand the paranoia and, yes, greed of business. You should do this because you will virtually never be representing FOSS companies. As a lawyer you are a hired gun and sometimes your firm may ask you to represent some piece of slime like SCO. How are you going to handle that? If you're an associate and keen to progress you aren't going to say to your senior partner "screw you, I'm not on that team." You are or you're out - and out probably means out of the profession - unlike me few lawyers get to choose their clients and even I dont get to choose as often as I would like.

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!