identify the concept of intellectual property rights and access to bandwidth
include case law also and definitions that identify the concept of intellectual property rights and access to bandwidth. There are a number of different ways you could frame the research paper. You will probably need to do a little further reading and figure out how to structure it. Below is a listing of documents and proceedings in the Aereo case that you may also want to include:
http://www.scotusblog.com/case-files/cases/american-broadcasting-companies-inc-v-aereo-inc/
http://www.hodgsonruss.com/media/publication/181_Bending%20the%20Law%20for%20More%20Netflix.pdf
http://abovethelaw.com/2014/04/the-cost-of-permission-culture-or-why-netflix-streaming-library-sucks-compared-to-its-dvd-library/
http://politicsandpolicy.org/article/netflix-and-digital-piracy-legislation
http://www.bloomberg.com/news/2012-06-28/microsoft-oracle-trade-talks-intellectual-property.html
http://pipself.blogs.law.pace.edu/tag/netflix/
http://www.usatoday.com/story/money/business/2014/11/13/net-neutrality-qa-after-obama-proposals/18986935/
https://www.quora.com/Internet-Law?page_id=2
http://saperlaw.com/2014/07/17/aereo-decision-means-tv-technology/
IRAC ESSAY FORM
ISSUE—RULE—APPLICATION—CONCLUSION
EXAMPLE: One evening, James and Sally were drinking a bottle of Jack Daniels. After a few drinks, James told Sally that he would like to buy her house. Sally responded by saying that she would not sell her house for less than $60,000. A month later, when Sally refused to sell, James sued Sally for breach of contract.
(Issue)The issue in this problem is whether a valid contract was created by the parties. (Rule)A valid contract consists of six elements: an agreement, consisting of an offer and acceptance; consideration; capacity; legal purpose; genuine assent; and writing, if any. An agreement consists of a valid offer and a valid acceptance. An offer must: indicate that the offeror intended to enter into a binding contractual relationship; be sufficiently definite that the courts could ascertain a remedy if the contract is breached; and communicated to the offeree. (Application) In this problem, the first communication between the parties did not clearly indicate that the offeror intended to enter into a binding contract. Instead, the words amounted to preliminary negotiations. The second communication between the parties was not a valid offer because it was not sufficiently definite. A price of “less than $60,000” was too ambiguous for the court to determine a remedy in case of a breach. As a result, there was not a valid offer in this problem. Without a valid offer, there could not be a valid agreement. (Conclusion) Therefore, since an agreement was missing, there was not a valid contract.