Law 619 | Electronic Commerce

T H E U N I V E R S I T Y O F P E N N S Y L V A N I A L A W S C H O O L

E L E C T R O N I C C O M M E R C E : V E R S I O N 2.0

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NOTICES:	Congratulations to the Fall 2001 class for an excellent semester. eCommerce will return next year.

Introduction to Electronic Commerce:
The Instant Messaging Affair
[Tuesday, August 28, 2001]

R E A D I N G S

Introduction to Instant Messaging

Start with the the introductory pages from the major messaging providers. Follow the relevant links, considering the following questions: What is Instant Messaging? Why is it popular? What is the business model that the providers are trying to execute? Are the various services the same? Which service is more valuable to users? Why?

AOL Instant Messaging

Yahoo Instant Messaging

Microsoft MSN Messenger

[ Optional: If you want to experiment with IM, you might use the discussion board to find someone to work with. Or you can try your instructor on AOL Instant Messenger, name: polkwagner. ]

Technology: How Instant Messaging Works

Try to understand the mechanics of Instant Messaging. How do users find others to exchange messages with? Where do messages (and files, etc.) go when sent (i.e., how are they routed)? Who controls the IM system?

Jeff Tyson, How Instant Messaging Works, How Stuff Works.com

IM Struggle: The Controversy over Compatibility

Ideally, of course, users of the various IM services could "talk" to each other through the systems. As the following section indicates, however, this is not so simple. Consider why the various players might have an incentive to be compatible or incompatible? What is/was AOL's strategy? Microsoft's and Yahoo's? Try to form a timeline of the events -- and consider whether any of the players is gaining an advantage.

Part 1: Initial Events

Jim Hu and Sandeep Junnarkar, AOL blocks Microsoft Net messaging, CNET News.com
July 23, 1999, 11:50 a.m. PT

Instant Messaging Wars, NPR, August 3, 1999 [RealAudio]

Chris Oakes, AOL Disconnects MS Messaging, Wired News, 12:15 p.m. Aug. 6, 1999 PDT

Part 2: Controversy and Response

Louise Rosen, Why IM matters so much, UPSIDE, September 19, 2000

Stephen Labaton, F.C.C. Approves AOL-Time Warner Deal, With Conditions, NY Times, January 12, 2001

Greg Lindsay & Erik Wemple, Instant-Messaging Restriction Won't Hamper AOL-Time Warner, Inside.com, Jan 12 2001 06:31 PM PST [note: link expired -- use pageprints]

Jim Hu, Decision to cut off rivals may backfire in Microsoft battle, CNET News.com, April 5, 2001, 4:00 a.m. PT

Part 3: Recent Developments

Jim Hu, IM rivals can't connect on messaging plans, CNET News.com, June 8, 2001, 1:45 p.m. PT

Jim Hu, Microsoft messaging tactics recall browser wars, CNET News.com, June 7, 2001, 4:00 a.m. PT

Alec Klein, AOL Begins Test to Share Instant Messaging, Washington Post, July 24, 2001; Page E05

Why Do We Care? The Future and Implications of Instant Messaging

Consider the future of Instant Messaging. What uses do you forsee for this tool? Is it analogous to any real-world tools? What business models can you forsee based on Instant Messaging?

Aaron Pressman, Business Gets the Message, The Industry Standard, Feb 26 2001 [note: link expired -- use pageprints]

David S. Isenberg, Windows Messenger: New waves of Innovation

Stefanie Olsen, IM buddy making more powerful friends, CNET News.com, May 23, 2001, 2:50 p.m. PT

Alec Klein, AOL's New Instant Message: Synergy, Washington Post, August 3, 2001; Page E01

N O T E S & Q U E S T I O N S

1. Compatibility & Architecture. The IM controversy points out a crucial theme of this course: the power of architecture. Consider how the technology underlying the IM systems can be used strategically. How does one IM provider make their system "compatible" or "incompatible" with another's? How can a rival respond? Does this suggest any limits to the power of architecture?

2. Other Legal Issues. Much of the readings consider IM in the context of the competitive landscape in ecommerce. But several other legal issues lurk about here as well. Consider the syllabus for this course -- are of the legal issues we'll consider over the term extant in the deployment and use of Instant Messaging?

3. Regulation. Another theme of this course is whether (and how) governmental regulation is desirous in the ecommerce field. Does the IM controversy suggest a role for the government? If so, what role? Did the FCC do the right thing in placing some limitations on AOL-Time Warner's IM system? Should the government step in again under certain circumstances? What are the alternatives to governmental regulation that might be used?

4. The Big Picture. Throughout the course, we'll consider ecommerce as both a "new" means of commercial interaction and as an "evolutionary" phenomenon. Much debate over the law and policy of ecommerce will be colored by the lens through which we view the issues. Consider Instant Messaging: is this something "new" or simply a development of existing tools? Does the new technology call for new laws and regulations, or should we simply apply the old principles to this situation? Is there a "law" of ecommerce, or do we simply talk about "law"?

[ notes ]
[ pageprints ]