Internet Giants: The Law and Economics of Media Platforms

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Internet Giants: The Law and Economics of Media Platforms

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About this course: This seven-week course will explore the relationship between law and technology with a strong focus on the law of the United States with some comparisons to laws around the world, especially in Europe. Tech progress is an important source of economic growth and raises broader questions about the human condition, including how culture evolves and who controls that evolution. Technology also matters in countless other ways as it often establishes the framework in which governments interact with their citizens, both in allowing speech and blocking it and in establishing exactly what the boundaries are between private life and the government. And technology itself is powe…

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When you enroll for courses through Coursera you get to choose for a paid plan or for a free plan

  • Free plan: No certicification and/or audit only. You will have access to all course materials except graded items.
  • Paid plan: Commit to earning a Certificate—it's a trusted, shareable way to showcase your new skills.

About this course: This seven-week course will explore the relationship between law and technology with a strong focus on the law of the United States with some comparisons to laws around the world, especially in Europe. Tech progress is an important source of economic growth and raises broader questions about the human condition, including how culture evolves and who controls that evolution. Technology also matters in countless other ways as it often establishes the framework in which governments interact with their citizens, both in allowing speech and blocking it and in establishing exactly what the boundaries are between private life and the government. And technology itself is powerfully shaped by the laws that apply in areas as diverse as copyright, antitrust, patents, privacy, speech law and the regulation of networks. The course will explore seven topics: 1. Microsoft: The Desktop vs. The Internet. We will start with a look at the technology path that led to the first personal computer in early 1975, the Altair 8800. That path starts with the vacuum tube, moves to transistors, then to integrated circuits and finally to the microprocessor. We will look at the early days of software on the personal computer and the competition between selling software and open-source approaches as well as the problem of software piracy. We will discus the public good nature of software. The 1981 launch of the IBM PC revolutionized the personal computer market and started the path to Microsoft's powerful position and eventual monopoly in that market with the selection of MS-DOS. We then turn to four antitrust cases against Microsoft: (1) the 1994 U.S. case relating to MS-DOS licensing practices; (2) the U.S. antitrust middleware case over Microsoft’s response to Netscape Navigator; (3) the European Union case regarding Windows Media Player; and (4) the EU browser case over Internet Explorer. These disputes arose at the point of maximal competition between the free-standing personal computer and the Internet world that would come after it and we may know enough now to assess how these cases influenced that competition. 2. Google Emerges (and the World Responds). Google has emerged as one of the dominant platforms of the Internet era and that has led to corresponding scrutiny by regulators throughout the world. Decisions that Google makes about its algorithm can be life altering. Individuals are finding it more difficult to put away past mistakes, as Google never forgets, and businesses can find that their sales plummet if Google moves them from the first page of search results to a later page. With great power comes scrutiny and we will look at how government regulators have evaluated how Google has exercised its power. Both the U.S. Federal Trade Commission and the European Union have undertaken substantial investigations of Google’s practices and we will look at both of those. 3. Smartphones. The Internet started on the desktop but the Internet is increasingly mobile and people are seemingly tethered to their smartphones and tablets. And we have seen an interesting shift in that market away from Nokia handsets and the Blackberry to Apple's iPhone and its iOS platform and to the Android platform. The legal infrastructure of smartphones and tablets is extraordinarily complex. We will start by looking at U.S. spectrum policy and the effort to free up 500 megahertz of spectrum. We will look at the activities of standard setting organizations, including the IEEE and the creation of the 802.11 standard and Wi-Fi (or, if you prefer, wifi), the creation of patent pools and the regulation of standard essential patents. We will look at the FTC action against Google/Motorola Mobility and Apple's lawsuit against Samsung over utility and design patents relating to the iPhone. Finally, we will take a brief look at the European Commission's investigation into the Android platform. 4. Nondiscrimination and Network Neutrality. Facebook has more than 1 billion users and measure that against a world population of roughly 7 billion and a total number of Internet users of roughly 2.5 billion. A course on law and technology simply has to grapple with the basic framework for regulating the Internet and a key idea there is the notion of network neutrality. Nondiscrimination obligations are frequent in regulated network industries, but at the same, discrimination can be an important tool of design for communication networks. We will start our look at the Internet by looking at the great first communications network of the United States, the post office and will look in particular at the Post Office Act of 1845. We will then move to modern times and will consider efforts by the U.S. Federal Communications Commission to produce sensible and sustainable nondiscrimination conditions for the Internet and will touch briefly on comparisons from around the world. 5. The Day the Music Died? In many ways, the Internet came first to music with the rise of peer-to-peer (p2p) music sharing through Napster and its successors. We start with a look into music platform history and the devices that brought recorded music into the home: the phonograph and the player piano. We turn to radio and the legal regime that puts music on the airwaves, the performing rights organizations like ASCAP and BMI. We look at the antitrust issues associated with the blanket license. We consider a failed music platform, digital audio tape, and the complicated legal regime associated with it, the Audio Home Recording Act of 1992. We will consider the copyright issues raised by the creation and distribution of music and the litigation over the p2p technologies such as Napster and Grokster. The music industry responded to p2p technology by adding digital rights management tools to CDs. As music distribution switched from physical media to digital distribution, we entered the world of Apple and the iPod and iTunes. We consider the DRM issues associated with Apple's music platform as seen by Steve Jobs. We conclude by looking at emerging subscription services like Spotify and the service that Apple is building based on its purchase of Beats. 6. Video: Listening and Watching. Images are some of the most powerful ways in which ideas and speech are communicated and video has long been regulated by the state. That starts as a communications law issue with government regulation of the radio spectrum, but also leads to the design of the television system with the assignment of channels and eventually the definition of digital television. And with the emergence first of cable TV and subsequently the VCR critical copyright roadblocks had to be overcome for new distribution technologies to emerge. We will consider the legal engineering that led to the DVD platform, which was an exercise in patent pools and trademark creation. We will sort through the creation of the digital TV platform and will also look at the copyright underpinnings for Netflix. And we will consider the question of technology neutrality in the content of the copyright fight over a new video distribution entrant, Aereo. Finally, we close the week with a brief look at the incentive spectrum auctions and the possible end of broadcast television. 7. The Mediated Book. Gutenberg revolutionized books with his printing press and for academics, books are sacred objects. But the printed book is on the run and with the rise of the ebook, we are entering a new era, the era of the mediated book. This is more than just a change in technology. We will look at the issues created by the rise of the ebook, issues about control over content and licensing and of the privacy of thought itself. We will also look at the legal skirmishes over this space, including the copyright fair use litigation over Google Books, the Apple e-book antitrust case. And we will look at the Amazon Kindle platform.

Created by:  The University of Chicago
  • Taught by:  Randal C. Picker, James Parker Hall Distinguished Service Professor of Law and Ludwig & Hilde Wolf Teaching Scholar

    The University of Chicago Law School
Commitment About 23 hours of videos and assessments Language English How To Pass Pass all graded assignments to complete the course. User Ratings 4.9 stars Average User Rating 4.9See what learners said Coursework

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Syllabus


WEEK 1


Introduction to the Course



This is a course on the law and economics of media platforms. Media delivery is frequently organized around a set of tools that bring together different parties to interact. Edison’s phonograph and wax cylinders did that, bringing together music producers and consumers wanting to listen to music at home, but so does Microsoft Windows, which sits between software developers and computer users.


2 videos, 1 reading expand


  1. Reading: Welcome to the Course!
  2. Video: Trailer
  3. Video: Course Overview


WEEK 2


Microsoft: The Desktop v. The Internet



In this module, we will focus on Microsoft and its arc from start up to dominance and repeated antitrust target. We will look at the technology leading to the personal computer and the release of the IBM PC in August, 1981 and then the rise of Microsoft from there. We will turn to antitrust actions against Microsoft, first in the United States in 1994 for its MS-DOS licensing practices and then again in the United States in 1998 for its response to the Internet and Netscape Navigator. We will then turn to two competition policy actions against Microsoft in Europe.


18 videos, 16 readings, 6 practice quizzes expand


  1. Reading: Top Readings
  2. Reading: Slides for Module
  3. Reading: Lesson Overview
  4. Video: Very Very Fast 0s and 1s
  5. Video: The 1956 AT&T Settlement
  6. Video: The Path to the CPU
  7. Reading: Extra-Depth Readings
  8. Practice Quiz: Brief Practice Quiz
  9. Reading: Lesson Overview
  10. Video: Building BASIC
  11. Video: Selling Software?
  12. Video: The Rise of Microsoft and the Personal Computer Era
  13. Reading: Extra-Depth Readings
  14. Practice Quiz: Brief Practice Quiz
  15. Reading: Lesson Overview
  16. Video: The 1994 Licensing Case: Microsoft's Monopoly
  17. Video: The 1994 Licensing Case: Anticompetitive Licenses
  18. Video: The 1994 Licensing Case: Anticompetitive Licenses: Analytics
  19. Reading: Extra-Depth Readings
  20. Practice Quiz: Brief Practice Quiz
  21. Reading: Lesson Overview
  22. Video: The Rise of the Internet and Netscape Part One
  23. Video: The Rise of the Internet and Netscape Part Two
  24. Reading: Extra-Depth Readings
  25. Practice Quiz: Brief Practice Quiz
  26. Reading: Lesson Overview
  27. Video: The U.S. Sues Microsoft (Again) Part One
  28. Video: The U.S. Sues Microsoft (Again) Part Two
  29. Video: Resolution in the U.S.
  30. Video: Remedies: How Do You Solve a Problem Like Microsoft?
  31. Reading: Extra-Depth Readings
  32. Practice Quiz: Brief Practice Quiz
  33. Reading: Lesson Overview
  34. Video: Windows Media Player in Europe
  35. Video: Europe Looks at Internet Explorer
  36. Reading: Extra-Depth Readings
  37. Practice Quiz: Brief Practice Quiz
  38. Video: Wrap Up: What Have We Learned?
  39. Reading: Updates and Corrections
  40. Reading: Sources and Copyright Statement

Graded: Graded Quiz

WEEK 3


Google Emerges (and the World Responds)
In this module, we will focus on Google and its arc from 1998 start up to dominance and repeated antitrust target. We will look at the underlying tech, two-sided markets and auctions and then at antitrust investigations in the U.S. and the EU.


26 videos, 16 readings, 6 practice quizzes expand


  1. Reading: Top Readings
  2. Reading: Slides for Module
  3. Video: Overview
  4. Reading: Lesson Overview
  5. Video: The State of the Internet Circa 2000
  6. Video: A Brief Tour of the Federal Trade Commission
  7. Video: Regulating Search Engines 1.0 Part One
  8. Video: Regulating Search Engines 1.0 Part Two
  9. Reading: Extra-Depth Readings
  10. Practice Quiz: Brief Practice Quiz
  11. Reading: Lesson Overview
  12. Video: Inventing Google? Part One
  13. Video: Inventing Google? Part Two
  14. Video: Building Google
  15. Video: Monetizing Google
  16. Reading: Extra-Depth Readings
  17. Practice Quiz: Brief Practice Quiz
  18. Reading: Lesson Overview
  19. Video: The PageRank Algorithm Part One
  20. Video: The PageRank Algorithm Part Two
  21. Video: Two-Sided Markets Part One
  22. Video: Two-Sided Markets Part Two
  23. Video: Auctions and Monopoly Power
  24. Reading: Extra-Depth Readings
  25. Practice Quiz: Brief Practice Quiz
  26. Reading: Lesson Overview
  27. Video: Google Evolves
  28. Video: Competition and Google
  29. Reading: Extra-Depth Readings
  30. Practice Quiz: Brief Practice Quiz
  31. Reading: Lesson Overview
  32. Video: The European Competition Investigation of Google
  33. Video: The FTC and Google Part One
  34. Video: The FTC and Google Part Two
  35. Video: Back to Europe
  36. Reading: Extra Depth Readings
  37. Practice Quiz: Brief Practice Quiz
  38. Reading: Lesson Overview
  39. Video: Shopping on Google
  40. Video: Google Shopping: A New Data Model
  41. Video: 15 April 2015: The EU Statement of Objections
  42. Video: 15 April 2015: Google's Response
  43. Reading: Extra Depth Readings
  44. Practice Quiz: Brief Practice Quiz
  45. Video: Wrap Up: What Have We Learned?
  46. Reading: Updates and Corrections
  47. Reading: Sources and Copyright Statement
  48. Video: Video Chat, Friday, 31 July 2015

Graded: Graded Quiz

WEEK 4


Smartphones



In this module, we will focus on the emergence of the smartphones platform. That is an interesting mix of government policy (especially regarding spectrum), collective private activity (standard setting, such as that for the 802.11 standard and for Wi-Fi), and individual private actions (such as that leading to the Apple iPhone and the Android platform).


22 videos, 14 readings, 5 practice quizzes expand


  1. Reading: Top Readings
  2. Reading: Slides for Module
  3. Video: Module Overview
  4. Reading: Lesson Overview
  5. Video: Controlling the Spectrum
  6. Video: Finding Spectrum
  7. Video: The Smartphone Platform Shifts
  8. Reading: Extra-Depth Readings
  9. Practice Quiz: Brief Practice Quiz
  10. Reading: Lesson Overview
  11. Video: Standard Setting Externalities Part One
  12. Video: Standard Setting Externalities Part Two
  13. Video: Winner-Take-All Markets I Part One
  14. Video: Winner-Take-All Markets I Part Two
  15. Video: Winner-Take-All Markets II
  16. Video: Patent Royalty Stacking
  17. Reading: Extra-Depth Readings
  18. Practice Quiz: Brief Practice Quiz
  19. Reading: Lesson Overview
  20. Video: Defining Standards
  21. Video: Standard Essential Patents
  22. Video: SSOs and Market Power
  23. Video: Standard Setting v. Cartelization
  24. Reading: Extra-Depth Readings
  25. Practice Quiz: Brief Practice Quiz
  26. Reading: Lesson Overview
  27. Video: The Other FTC Action against Google Part One
  28. Video: The Other FTC Action against Google Part Two
  29. Video: The IEEE Updates its Patent Policy
  30. Reading: Extra-Depth Readings
  31. Practice Quiz: Brief Practice Quiz
  32. Reading: Lesson Overview
  33. Video: The iOS Platform
  34. Video: Apple v Samsung
  35. Video: The Android Platform
  36. Video: The EU Investigation of Android
  37. Reading: Extra-Depth Readings
  38. Practice Quiz: Brief Practice Quiz
  39. Video: Wrap Up: What Have We Learned?
  40. Reading: Updates and Corrections (Last Update: 11 July 2015)
  41. Reading: Sources and Copyright Statement

Graded: Graded Quiz

WEEK 5


Nondiscrimination and Neutrality
In this module, we will focus on the issue of network neutrality, or, as the U.S. Federal Communications Commission likes to put it, the open Internet.


22 videos, 12 readings, 4 practice quizzes expand


  1. Reading: Top Readings
  2. Reading: Slides for Module
  3. Video: Module Overview
  4. Reading: Lesson Overview
  5. Video: The Post Office: A National Communications System
  6. Video: The Post Office: Cross-Subsidization and Cream Skimming
  7. Video: The Postal Act of 1845 Part One
  8. Video: The Postal Act of 1845 Part Two
  9. Video: The Commerce Act of 1887
  10. Reading: Extra-Depth Readings
  11. Practice Quiz: Brief Practice Quiz
  12. Reading: Lesson Overview
  13. Video: Classifying Cable ISPs
  14. Video: Cable ISP Classification in the Supreme Court
  15. Video: What Counts as an Offer?
  16. Video: Delivering Pizza
  17. Reading: Extra-Depth Readings
  18. Practice Quiz: Brief Practice Quiz
  19. Reading: Lesson Overview
  20. Video: An Open Internet?
  21. Video: What Can You Do with Your Internet Connection?
  22. Video: Poster Child No. 2
  23. Video: Why Did Comcast Do This?
  24. Video: Fast Forward: 2010-2014 Part One
  25. Video: Fast Forward: 2010-2014 Part Two
  26. Video: Fast Forward: 2010-2014 Part Three
  27. Reading: Extra-Depth Readings
  28. Practice Quiz: Brief Practice Quiz
  29. Reading: Lesson Overview
  30. Video: 2015 FCC Open Internet Order Part One
  31. Video: 2015 FCC Open Internet Order Part Two
  32. Video: Framing Net Neutrality Part One
  33. Video: Framing Net Neutrality Part Two
  34. Reading: Extra-Depth Readings
  35. Practice Quiz: Brief Practice Quiz
  36. Video: Wrap Up: What Have We Learned?
  37. Reading: Updates and Corrections
  38. Reading: Sources and Copyright Statement

Graded: Graded Quiz

WEEK 6


The Day the Music Died?



In this module, we will focus on different platforms for distributing music. That will start with the great home technology of the early 1900s—the phonograph and the player piano—before turning to radio and the ASCAP and BMI licensing regime for public performances. We then will turn to a failed technology and legal regime, digital audio tape and the Audio Home Recording Act of 1992. We will then switch to MP3 players, from the relatively obscure (the Diamond Rio) to the ubiquitous (the iPod) and to Apple’s digital rights management regime. We will then switch to the issues raised by peer-to-peer software like Napster and Grokster and then close with an examination of the switch from physical distribution media to digital and subscriptions like Spotify.


21 videos, 16 readings, 6 practice quizzes expand


  1. Reading: Top Readings
  2. Reading: Slides for Module
  3. Video: Module Overview
  4. Reading: Lesson Overview
  5. Video: The Great Unlocking (and Relocking?) Part One
  6. Video: The Great Unlocking (and Relocking?) Part Two
  7. Reading: Extra-Depth Readings
  8. Practice Quiz: Brief Practice Quiz
  9. Reading: Lesson Overview
  10. Video: Making Music Circa 1871
  11. Video: A Tech Revolution in Music
  12. Video: What is a Copy?
  13. Video: Control at a Distance
  14. Reading: Extra-Depth Readings
  15. Practice Quiz: Brief Practice Quiz
  16. Reading: Lesson Overview
  17. Video: A Little Radio History
  18. Video: Performing Music on the Radio
  19. Video: The Blanket License
  20. Reading: Extra-Depth Readings
  21. Practice Quiz: Brief Practice Quiz
  22. Reading: Lesson Overview
  23. Video: The Next Big Music Platform (in 1990): Digital Audio Tape
  24. Video: The MP3 Player Arrives (and it isn't an iPod)
  25. Reading: Extra-Depth Readings
  26. Practice Quiz: Brief Practice Quiz
  27. Reading: Lesson Overview
  28. Video: The Internet: A Perfect Copying and Distribution Machine?
  29. Video: The Internet Routes Around: Grokster
  30. Video: Locking the Music: The DMCA and Sony BMG DRM
  31. Reading: Extra-Depth Readings
  32. Practice Quiz: Brief Practice Quiz
  33. Reading: Lesson Overview
  34. Video: The Day the (Physical) Music Died
  35. Video: DRM and iTunes: Steve Jobs on Music Part One
  36. Video: DRM and iTunes: Steve Jobs on Music Part Two
  37. Video: Our Subscription Future? Part One
  38. Video: Our Subscription Future? Part Two
  39. Reading: Extra-Depth Readings
  40. Practice Quiz: Brief Practice Quiz
  41. Video: Wrap Up: What Have We Learned?
  42. Reading: Updates and Corrections
  43. Reading: Sources and Copyright Statement

Graded: Graded Quiz

WEEK 7


Video: Listening and Watching



In this module, we will focus on the different platforms for delivering video to the home. We will start with the history of TV in the U.S. in the 1940s and then jump to the copyright issues associated with the creation of cable TV in the 1960s and 1970s. We will then switch to considering two devices (the VCR and the DVD player), two services (Netflix and Aereo) and then creation of digital TV.


21 videos, 12 readings, 4 practice quizzes expand


  1. Reading: Top Readings
  2. Reading: Slides for Module
  3. Video: Module Overview
  4. Reading: Lesson Overview
  5. Video: Television?
  6. Video: The Checkerboard in the Sky
  7. Video: Sharing Signals (CATV)
  8. Video: (Copyright) Regulating Cable TV
  9. Reading: Extra-Depth Readings
  10. Practice Quiz: Brief Practice Quiz
  11. Reading: Lesson Overview
  12. Video: The Betamax and the Boston Strangler Part One
  13. Video: The Betamax and the Boston Strangler Part Two
  14. Video: The Betamax Case in the U.S. Supreme Court
  15. Video: Secondary Liability for Sony?
  16. Video: Substantial Noninfringing Uses of the VCR
  17. Video: The Dissenting Opinion Part One
  18. Video: The Dissenting Opinion Part Two
  19. Reading: Extra-Depth Readings
  20. Practice Quiz: Brief Practice Quiz
  21. Reading: Lesson Overview
  22. Video: Building the DVD Platform Part One
  23. Video: Building the DVD Platform Part Two
  24. Video: DTV: Bringing 0s and 1s to Television
  25. Video: Netflix and the First-Sale Doctrine
  26. Reading: Extra-Depth Readings
  27. Practice Quiz: Brief Practice Quiz
  28. Reading: Lesson Overview
  29. Video: Aereo: An Exercise in Triangulation Part One
  30. Video: Aereo: An Exercise in Triangulation Part Two
  31. Video: Aereo: An Exercise in Triangulation Part Three
  32. Video: Ending TV Broadcasting?: Incentive Spectrum Auctions
  33. Reading: Extra-Depth Readings
  34. Practice Quiz: Brief Practice Quiz
  35. Video: Wrap Up: What Have We Learned?
  36. Reading: Updates and Corrections
  37. Reading: Sources and Copyright Statement

Graded: Graded Quiz

WEEK 8


The Mediated Book



In this module, we will focus on the emergence of digital books and digital libraries. Three topics loom large: (1) Google’s efforts to copy millions of books and bring them online through Google Books; (2) Amazon’s creation of the Kindle ebook platform; and (3) Apple’s launch of the iPad with its associated bookstore and the resulting antitrust lawsuit over that launch.


20 videos, 12 readings, 4 practice quizzes expand


  1. Reading: Top Readings
  2. Reading: Slides for Module
  3. Video: Module Overview
  4. Reading: Lesson Overview
  5. Video: Google Launches the Digital Library
  6. Video: Google's Usage Guidelines
  7. Video: Google Gets Sued
  8. Video: A Settlement?
  9. Reading: Extra-Depth Readings
  10. Practice Quiz: Brief Practice Quiz
  11. Reading: Lesson Overview
  12. Video: Google Books and Fair Use
  13. Video: The HathiTrust Digital Library
  14. Video: The HathiTrust Lawsuit
  15. Video: Google Books on Appeal: Briefs
  16. Reading: Extra-Depth Readings
  17. Practice Quiz: Brief Practice Quiz
  18. Reading: Lesson Overview
  19. Video: The Kindle Launches
  20. Video: The Kindle as Service
  21. Video: Advertising-Supported Books?
  22. Reading: Extra-Depth Readings
  23. Practice Quiz: Brief Practice Quiz
  24. Reading: Lesson Overview
  25. Video: Apple Gets Sued: eBooks and the iPad
  26. Video: Dinner in New York
  27. Video: Apple Enters the eBook Market
  28. Video: Reading E-Mails (and Draft Agreements) Part One
  29. Video: Reading E-Mails (and Draft Agreements) Part Two
  30. Video: What Did Apple Do Wrong?
  31. Video: How Do You Break the Antitrust Law with a 0% Market Share? (Or: What about Amazon?)
  32. Reading: Extra-Depth Readings
  33. Practice Quiz: Brief Practice Quiz
  34. Video: Wrap Up: What Have We Learned?
  35. Reading: Updates and Corrections (Last Update: 11 July 2015)
  36. Reading: Sources and Copyright Statement

Graded: Graded Quiz

WEEK 9


Course Review
We review the entire course in this last module.


7 videos, 3 readings expand


  1. Reading: Slides for Module
  2. Video: Course Review: Microsoft: The Desktop v. The Internet
  3. Video: Course Review: Google Emerges (and the World Responds)
  4. Video: Course Review: Smartphones
  5. Video: Course Review: Nondiscrimination and Neutrality
  6. Video: Course Review: The Day the Music Died?
  7. Video: Course Review: Video: Listening and Watching
  8. Video: Course Review: The Mediated Book
  9. Reading: Updates and Corrections
  10. Reading: The End of the Course!

Graded: Final Exam

Internet Giants: Experimental
Done with the course? Wondering what comes next? Me, too, but this is where the experimental module comes in. A module to test other ways to interact and to explore ideas that might appear in future versions of the course.


2 readings expand


  1. Reading: Key Readings
  2. Reading: IGP1: Introducing the Internet Giants Podcast


Mandatory Continuing Legal Education Information
This course has been approved for continuing legal education credit in Illinois and this section describes the process for obtaining that credit.


1 reading expand


  1. Reading: [TBA]

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