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Digital Hollywood, Santa Monica
Thursday, June 14th
9:30 AM - 10:45 AM
Track III:
Intellectual Property - Rights vs. Implications of Technology Innovation - from UGM to P2P - Understanding the Legal March of History
Content is at the core of the problem. Its not just music and the Net anymore, now its about content, video, audio text, rights of the individual in a cross-platform universe of DVD, TV, Cable, Broadband, Mobile and the Net. Protecting your Intellectual Property is at the forefront of both the bottleneck of what keeps content from the consumer as well as at the crux of what will make the system work for all parties in an agreeable revenue sharing model. The industry, the content companies, the technology companies, the advisory and legal communities are all playing key roles in the process of reaching and discovering solutions. In this session, we bring together a fascinating and highly experienced group of leading figures in the world of Intellectual Property. We welcome them and look forward to an engrossing discussion
Ian C. Ballon, Shareholder, Greenberg Traurig LLP
George Borkowski, Partner, Mitchell Silberberg & Knupp
Kristin L. Holland, Partner, Katten Muchin Rosenman, LLP
Rich Jorgenson, Director of Anti-Piracy Strategies, BayTSP
Rick Riccobono, EVP, Qtrax
Morty Wiggins, President, Outhink Media
Richard French, CEO, Avvenu, Inc.
Mike McGuire, Research VP, Media, Gartner Industry Advisory Research, Moderator
Kristin L. Holland helps clients resolve business disputes. She maintains a diverse c ivil trial practice and has significant experience with intellectual property, fiduciary duty and real estate claims. Ms. Holland understands the value of trying to settle differences out of court, and has helped resolve a number of cases before trial, through negotiation and through alternative dispute resolution processes. But when settlement is not possible, Ms. Holland is an effective courtroom advocate. Recent successes include a complete $7.2 Million victory for the plaintiff in a real estate fraud case and a total victory, including a attorneys fees, on a cross-complaint for an investment bank which had been sued by an insurance company. Ms. Holland has also litigated more than 25 entertainment industry disputes, including claims relating to licensing, creative credit, royalty accounting, trademarks, trade secrets and copyrights. These cases have included: Herbert Limited Partnership v. Electronic Arts, re: Dune; The Regents of the University of California v. ESPN, Inc. re: SportsCentury; Miller v. Miramax, et al., Peters v. Disney, et al., and Kellerman v. Miramax, et al. re: "Shakespeare In Love;" Luft v. Miramax, et al. re: "Little Voice;" Aaron Russo, et al. v. Brian Grazer, et al. re "Liar, Liar;" Steven Patrick, et al. v. Eddie Murphy, et al. re "The Nutty Professor;" Worth v. Universal re "Daylight;" Lumsden v. Rader, et al. re "Waterworld;" River Enterprises v. Universal re "The River Wild;" Man Facing Southeast v. Universal re "K-Pax;" Van Daalen v. Paramount, re "Lucky Numbers;" Gaty v. Universal re a Theme Restaurant at Universal Studios Orlando; and Marketingworks v. Studios USA re "Too Hot for TV" and Studios USA v. Real Entertainment re "Jerry Springer." Ms. Holland graduated from the University of California, Berkeley in 1992, receiving a Bachelor of Arts degree in Political Science with distinction and honors. She graduated from the University of California, Los Angeles School of Law in 1996. At UCLA, Ms. Holland was a member of the Moot Court Honors Program and Board and served as Managing Editor of the UCLA Journal of Environmental Law & Policy. Ms. Holland is the Pro Bono Coordinator for the Los Angeles office, is a member of the national Womens Leadership Forum and is active on the recruiting committee. She is on the Board of the Center for Law in the Public Interest. She is also Chair of the Law Firm Advisory Board of the Association of Media and Entertainment Counsel and a former Board member and Co-chair of the Litigation Section of the Women Lawyers Association of Los Angeles. She has been named a 2006 and 2007 Southern California Super Lawyer "Rising Star" by Los Angeles Magazine and Law & Politics.
Ian C. Ballon, Shareholder, Greenberg Traurig LLP: Ian Ballon represents techno logy, media and entertainment companies in complex litigation and counseling relating to copyright, trademark, trade secret, database and computer and Internet law issues. Mr. Ballon, who splits his time between the firm's Palo Alto and Los Angeles offices, is the author of the three-volume legal treatise, "E-Commerce and Internet Law: Treatise With Forms" (LegalWorks/ West Publishing 2001 & 2005 Supp., which has been cited in state and federal court opinions. He also serves as Executive Director of Stanford University Law School's Center for E-Commerce . In addition, Mr. Ballon is an Advisor to the American Law Institute's International Intellectual Property Jurisdiction Project, a Council Member of the American Bar Association's Section of Science and Technology, and a member of the GRAMMY® Foundation's Entertainment Law Initiative Advisory Committee. Mr. Ballon frequently speaks and writes about intellectual property and Internet law and is regularly quoted on these subjects in general-circulation and industry publications. He serves on the editorial boards of The Cyberspace Lawyer, The Journal of Internet Law, Privacy and Information Law Report, E-Commerce Law Report and Intellectual Property Lawcast. In 1999, he was named one of the top 20 California lawyers under age 40 by California Law Business, and in February 2001 was listed as one of 16 top new-media lawyers in the United States by the Daily Journal's CyberEsq. magazine. He was named one of the 100 most influential lawyers in California by California Law Business in 2001, as one of the top 25 copyright, trademark and patent lawyers in California by the Daily Journal in 2003, and has continued for several years (including 2005) to hold a position as a top intellectual property litigation lawyer in the annually released Northern California Super Lawyers published by Law & Politics and San Francisco Magazine edition. Mr. Ballon is also listed in the 2006 edition of The Best Lawyers in America in the areas of intellectual property and information technology, and as one of the world's leading lawyers in the 2005 Technology, Media and Telecommunications Expert Guide.
Rick Riccobono, EVP, Qtrax: Rick Riccobono is Executive Vice President of Qtrax, the worlds first legal and free peer-to-peer music service, where he has worked to secure licensing agreements with the leading major and indie labels. Having previously worked at Supertracks (a precursor to iTunes), Mr. Riccobono is widely recognized within the music industry as a rights expert and digital distribution pioneer. He specializes in digital rights, digital asset management, the creation of new digitally based business models and the implementation of digital distribution platforms. Riccobono spent 15 years as a music publishing executive at: CBS Songs; Screen Gems & Chappell/Intersong, and a decade as a Vice President & Officer of Broadcast Music Inc. Riccobono has been integrally involved in the establishment of entertainment media licensing agreements in the U.S. and the international market for a number of new mobile entertainment and digital distribution products. Prior to joining Qtrax, Mr. Riccobono represented an extensive variety of clients in the music and digital spaces, including: Groove Mobile, Dees Digital Network, QMobile, Audible Magic, Mobile Media Now, M-Wise, SK Wireless/WiderThan, Napster, OverPeer, and Fortune 500 companies Vivendi Universal (VuNet), Sun Microsystems and Philips/Sony Corporate Alliaalannce Group.
George Borkowski Partner, MS&K: A crusader for the rights of content owners, George currently serves as a member of the Mitchell Silberberg & Knupp Governing Board, and Chair of the MS&K Intellectual Property & Technology Practice. He was formerly the Acting Director of Litigation for the Recording Industry Association of America (RIAA) and also served as a senior member of the litigation team representing the record industry in its copyright infringement suits against Kazaa, Sharman, Music City, Grokster, Aimster, and Napster. In addition, he represents Apple Computer and iTunes, as well as many other content owners and distributors. His success in leading the suits against those peer-to-peer sites enables him to provide a historical perspective on digital downloading, file sharing and the effects of these on the industry, consumer and the artists. George can also discuss how the labels (indie and major) can take advantage of the exposure and distribution methods new technologies and the Internet provide, while still making sure their content is protected from piracy. His discussions will offer insight into the effectiveness of the record industrys policies against piracy and the new technologies for safeguarding intellectual property. George can also offer provide his perspective as to what the future of music content entails for the consumer - how the current digital rights management situation has affected distribution channels and what will change for consumers in the future.
Richard French, CEO, Avvenu, Inc., Richard French is a pragmatic visionary -- combining technical expertise with seasoned business savvy. As an experienced leader and entrepreneur across a broad spectrum of multinational companies and startups, the primary driving force throughout his career has been to provide access for all people, to all information, all of the time. At Avvenu, French is leading the way for music executives, technology innovators, and consumers to enter into a new dialogue around music rights, digital rights, piracy, and the people. His pioneering days in the Open Source field, along with a deep technical background, make him uniquely qualified to bring new thinking into a traditional model. French believes that creative Internet technologies can free mobile consumers to enjoy and share music within the boundaries of fair use, while at the same time helping the music industry transform and prosper in the digital economy. He is changing the way we think about accessing and sharing our music, photos and documents. Prior to Avvenu, French was Senior Vice President & General Manager of the Open Source Development Network at VA Software Corporation/OSDN, Inc. At OSDN, now renamed to OSTG, he brought together 11 disparate Internet properties -- including such notables as Slashdot, Sourceforge.net and Thinkgeek -- which has become the de facto network for Open Source news and downloads. It is now one of the top ten Internet media sources for technology news, community collaboration and shopping. Richard also has served as Senior Vice President & General Manager of the Emerging Technology Group at NetManage, Inc., and President & CEO of Infoscape. Earlier, French served as Vice President and General Manager at Oracle Corporation where he headed the Enterprise Platform Division; and Groupe Bull of Paris, where he led the U.S. Software Products and Systems and the Worldwide Software Business divisions. Richard also serves as Chairman of Tekrati Inc., a leading news source covering high tech industry analysts and firms.
Mike McGuire, Research Vice President, Mobile Device & Consumer Services, Dataqu est. He is responsible for the Media team's coverage of the online music segment, and of the legal and regulatory issues facing media companies. Topics included in his research agenda include consumer adoption of online music services, the effects of P2P technologies on the media-industry and emerging business models. Mr. McGuire and Allen Weiner are responsible for Gartner's "Media Titans" research thread. He is also Gartner's research liaison with the Berkman Center for Internet and Society at Harvard Law School. Before re-joining Gartner in 2000, Mr. McGuire worked with mobile computing start-ups in the Bay Area and Southern California. He was at Dataquest from 1994 through 1997 as senior and principal analyst for the mobile computing program. B.A., Journalism, San Jose State University
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