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Digital Hollywood
Wednesday, October 31st
10:45 AM - Noon
Special DRM Workshop: Content Rights
"Fair Use to Be or Not to Be"
Hosted by:
James M. Burger, Attorney at Law, Dow Lohnes
Speakers:
Stacey Byrnes, Sr. Vice President -- Intellectual Property Counsel, NBC Universal
Michael Ayers, Senior Attorney, Toshiba America Information Systems, Inc., president, Digital Transmission Licensing Administrator, LLC
Jay Samit, Strategic Advisor, Navio
Neil W. Netanel, Professor of Law, UCLA
Doug Warner, Vice President of Business Development, Digital Entertainment Services, Hewlett-Packard
Jon Baumgarten, Partner, Proskauer Rose

James Burger is a member of the law firm of Dow Lohnes specializing in representation of technology companies on intellectual property, communications and government policy matters. Mr. Burger joined the firm's Media, Information and Technologies group in January, 1997. Prior to that, Mr. Burger was a Senior Director in Apple Computer's Law Department. During the nine years he was at Apple, Mr. Burger had a variety of assignments, including representing Apple's Advanced Technology Group, USA Field Sales organizations, and World-Wide Operations and Manufacturing, as well as General Counsel for Europe and Latin America and responsible for world wide government affairs. In addition, from 1991 until 1996, he was Chair of the Information Technology Industry Council's Proprietary Rights Committee. Mr. Burger has worked extensively on legal and policy issues arising from the confluence of digital technology, intellectual property protection and government regulation, particularly as affecting the Internet. Mr. Burger has participated in resolving such complex issues as DVD copy protection and digital download of music - representing the Computer Industry Group in negotiations developing the DVD Content Scrambling System copy protection rules as well as the Secure Digital Music Initiative. In addition, he has been engaged in such matters as the efforts to amend copyright law from leading the negotiations to exclude the computer industry from the Audio Home Recording Act, to avoid passage of the Digital Video Recording Act and to accommodate the protection of intellectual property on the Internet as well as the efforts to change the encryption export rules to protect digital communications. A native of New York City, he received his Bachelors (with Honors), Masters and Law (cum laude) degrees from New York University School of Law, where he served as an editor of the NYU Law Journal. For seven years, he was an adjunct professor at University of Virginia Law School, where he taught Advanced Administrative law.

Stacey Byrnes joined NBC Universal/Universal Studios in 2005 as Senior Vice President, Intellectual Property Counsel, having been a consultant for Universal on intellectual property issues since 2000. Before working for Universal, Ms. Byrnes was a partner at Rosenfeld, Meyer & Susman, where her practice focused on intellectual property and entertainment litigation. Ms. Byrnes received her J.D. from Boalt Hall School of Law in 1984.

Jon Baumgarten is a Proskauer Rose LLP partner, resident in the firm's Washington, D.C. office. (He is also regularly available in the Firm's offices in New York City, California, Boston, Florida and Europe.) He is a graduate of the New York University School of Law, where he was an Executive Editor of the New York University Law Review. Jon is widely recognized as one of the country's leading domestic and international intellectual property lawyers, with particular emphasis in copyright matters. He has been named in such peer selections as the publications, Best Lawyers in America, International Who's Who of Internet and E-Commerce Lawyers and of Business Lawyers, Chambers' Leading Business Lawyers and a periodical article "Best Lawyers in Washington." Jon substantively anchored the firm's trial and appellate teams in a number of successful, precedent-setting intellectual property cases under the Copyright Act and Digital Millennium Copyright Amendments ("DMCA"), including Texaco (corporate photocopying); Kinkos (unauthorized coursepacks); Michigan Document Supply (same; en banc); Jurisline (database protection and contract preemption) Corely/Reimerdes (DVD decryption; DMCA); Silvers (en banc; standing); and others successfully argued for the Copyright Office and Government major cases of copyright doctrine (Eltra; Esquire); and has been instrumental in other such actions as Napster (file sharing), ICrave (cross border transmission) and Lexmark (DMCA). In recent years, Jon has also regularly counseled and led teams of businesspersons and technologists in the development and formulation of cross-industry technical standards and DRM solutions for content protection. From his admission to the Bar in 1968 until January 1976, and since 1979, Jon has engaged in private practice, with emphasis on domestic and international copyright, licensing, litigation and related matters pertaining to the publishing, computer, motion picture, television, music and recording, communications, arts and Internet communities. From January 1976 through 1979, Jon served as General Counsel of the United States Copyright Office. During this period, he was a leading participant in the formulation of the new Copyright Act, was responsible for rulemaking and the thorough overhaul of Copyright Office regulations and practices under the new law, represented the Copyright Office before courts and Congressional committees, and represented the United States Government in international copyright conferences. Jon is the author of numerous articles and a book on international copyright, and has lectured on copyright at numerous scholarly, professional and industry seminars and programs in the United States and abroad. Jon serves on several Bar Association committees on copyright and is past Chair of several of them. Jon has also served as a member of the National Advisory Committee to the United States Copyright Office, the International Copyright Panel of the Advisory Committee to the Department of State on International Intellectual Property, and the Ad Hoc Working Group on Adherence to the Berne Convention. He was a founding director of the American Copyright Council, the Computer Law Association, the D.C. Computer Law Forum and Washington Area Lawyers for the Arts.

Neil Netanel is Professor of Law at the University of California at Los Angeles. He writes and teaches in the areas of copyright, international intellectual property, and telecommunications. Professor Netanel earned his J.S.D. from Stanford University, J.D. from the University of California at Berkeley, and B.A. from Yale University. His forthcoming book, Copyright’s Paradox, will be published by Oxford University Press in March 2008. His book-in-progress, From Maimonides to Microsoft: The Jewish Law of Copyright Since the Birth of Print, which he is co-authoring with David Nimmer, will also be published by Oxford University Press. In addition to his academic career, Professor Netanel has practiced law since joining the California Bar in 1982. He began litigating copyright infringement cases with Loeb and Loeb in Los Angeles. He then practiced for seven years with the Tel-Aviv firm, Yigal Arnon & Co., where he represented Israel’s first cable television operator, shepherded numerous joint ventures with Israeli high-tech companies, and served on Israel’s Ministry of Justice Copyright Law Revision Committee. Upon returning to the United States and entering full-time law teaching in 1994, Professor Netanel served as Of Counsel, first with Arnold, White & Durkee and, then with Fulbright & Jaworski, advising clients on a wide variety of cutting-edge intellectual property matters, with a particular emphasis on the use and distribution of copyrighted expression in digital networks and media.
Professor Netanel serves on the Board of Trustees of the Los Angeles Copyright Society, and regularly addresses academic conferences and Bar associations, including the Los Angeles Copyright Society, State of Bar of California Intellectual Property Section, California Copyright Conference, Los Angeles Bar Association Entertainment Section, USC Intellectual Property Institute, and Digital Hollywood.

Michael Ayers, Senior Attorney, Toshiba America Information Systems, Inc., president, Digital Transmission Licensing Administrator, LLC: Michael Ayers earned a Bachelors Degree in Aerospace Engineering and a Master of Public Administration, with an emphasis in Information Systems Management, from the University of Southern California. His J.D. is from Whittier Law School in Costa Mesa, California, where he was Editor-in-Chief of the Whittier Law Review. Michael is registered with the United States Patent & Trademark Office as a patent attorney, and, after law school, worked as an associate at Fulwider Patton Lee & Utecht in Long Beach, California. While at Fulwider he prosecuted patent applications on inventions ranging from door locks and advertising signs to institutional security systems and Internet-based secure data storage systems. He also worked on litigation matters ranging from International Trade Commission investigations regarding allegations of foreign dumping of bathroom plumbing fixtures to patent infringement lawsuits involving medical devices such as infrared body-temperature measuring devices and medical procedures and tools for heart bypass surgery. Michael joined the legal department of Toshiba America Information Systems, Inc. in Irvine, California in 1999. His primary client is Toshiba Corporation, a Japanese corporation with headquarters in Tokyo. Michael handles matters related to copy protection and digital media technologies. The copy protection technologies include CPPM, which protects pre-recorded music on new DVD Audio disks, and CSS, which protects pre-recorded movies on DVD Video disks. Among the digital media technologies he works with are, the various DVD formats, including the three main recordable formats (DVD-R/RW/RAM) and SD Card, which is a flash memory storage card the size of a postage stamp with up to multiple-gigabyte capacities for use in cameras, laptops, PDAs, and similar portable devices. He is also the president of DTLA, LLC, a joint venture of leading technology manufacturers (Hitachi, Intel, Matsushita, Sony, and Toshiba), which licenses the DTCP technology for protecting audiovisual content such as movies on high-speed digital home networks. In 2005, Michael assumed the dual roles of Business Group Chair and Manager of AACS LA, LLC, the entity formed by Toshiba, Panasonic, Sony, Disney, Warner Bros., Microsoft, Intel and IBM, to develop the Advanced Access Content System (“AACS”) copy protection technology for next-generation optical discs such as HD DVD and Blu-ray. Michael currently lives in Pasadena, California.

Doug Warner is Vice President of Business Development and Planning, for Hewlett-Packard’s (HP) Digital Entertainment Services Division. He is responsible for setting strategic business direction and managing product and go-to-market activities for the company’s digital entertainment distribution services business, which is known as Video Merchant Services. The services are designed for retailers, etailers, and web portals to enable them to offer DVDs – manufactured on demand or pre-packaged – as well as digital downloads of wide variety of video content. The services currently provide the back-end, web technology and operations for Walmart’s online digital video store, as well as on-demand DVD manufacturing and fulfillment for Trans World Entertainment, operator of FYE, Suncoast and SamGoody stores. Mr. Warner’s teams have been responsible in 2007 for executing more than 30 licensing agreements for movie, television, documentary and other video titles available for sell-through to consumers. His teams have and/or currently represent HP on various entertainment industry groups including Blu-ray disc and HD-DVD industry groups, as well as holding HP’s seat on the DVD Copy Control Association Board of Directors and representation on the DEG. The VMS business teams have in 2007 executed more than 30 licensing agreements for movie, television, documentary and other video titles available to VMS customers in both manufactured-on-demand DVD and digital download formats. Mr. Warner has been with HP since 2001, when he joined the company’s Imaging & Printing Group to assist in HP’s entry into the digital photo services market. Most recently, he spent several years in HP’s Office of Strategy & Technology focused on next generation Media & Entertainment distribution, and working with key industry partners on new technology-enabled business initiatives for consumer media distribution. Prior to joining HP, he was Director of Business Development at Shutterfly, Inc, a leading Internet-based social expression and personal publishing services company, where he helped drive development of the company’s early stage business plans, business development activities and strategic partnerships with retailers, etailors, and software companies. Prior to joining Shutterfly, he held positions with several leading strategic management consulting firms, including Anderson Worldwide (predecessor to Accenture), where he focused on managing consulting engagement teams providing business advisory services related to middle-market companies. He holds MBA and JD degrees from Duke University’s Law School and Fuqua School of Business, and an undergraduate degree from the University of Colorado, Boulder.