Media Law Resource Center

Serving the Media Law Community Since 1980

Legal Frontiers in Digital Media 2011

May 19-20, 2011 | Stanford, CA

pdf Conference Program | Podcast (via iTunes)

This conference included six sessions that ran over one afternoon and the following morning. A reception at the Stanford Faculty Club was held for all attendees at the end of the first day of the conference.

Conference co-chairs:

Steve Tapia (Microsoft)
Andrew Bridges (Winston & Strawn LLP)

Chairs Emeritus

James Chadwick (Sheppard Mullin Richter & Hampton LLP)

1. The Wireless Ecosystem

An update of what is newest and emerging from mobile platforms and devices, from a distribution, content, and payment perspective, and the most relevant legal considerations they raise. Given the explosion in wireless subscribers, bandwidth, devices and applications, it is vital to understand where and how the mobile world is evolving. In keeping with the Conference's tradition, there will be a short tutorial included on how the pieces connect.


Dan Waggoner, Partner, Davis Wright Tremaine LLP (Moderator)
Rajeev Chand, Managing Director and Head of Research, Wireless, Rutberg & Company
Chris DeVore, General Partner, Founders Co-op
Linda K. Norman, Vice President and Deputy General Counsel, Microsoft Law and Corporate Affairs, Mobile Communications
Barbara Van Schewick, Associate Professor of Law, Stanford Law School

2. The App World

This wide ranging session will address the burgeoning world of apps, its implications for the digital media industry, and the seemingly countless legal issues it raises:

  • Current and emerging issues regarding app development, distribution, and deployment, for example in areas such as cross-platform development and/or deployment, advertising, licensing, etc.
  • Key aspects of apps and app development that may create risks of liability, including intellectual property infringement, privacy, right of publicity issues, etc.
  • Issues raised by platform-specific applications, e.g., Facebook apps.
  • Issues presented by the use of geo-locational information in apps.
  • Issues regarding user interactivity in apps.
  • Business opportunities presented by apps, who is taking advantage of them, and how are they changing the content creation/delivery/distribution business.
  • What are businesses involved in gathering and providing news doing with apps, and how are their efforts panning out?
  • The future health of the web—will the app-ification of the web impair or enhance the vitality and utility we associate with the traditional, open web?


Shawn Foust, Video Game Consultant and Entrepreneur (Moderator)
Mark Kahn, Legal Director – Mobile & Payments, Yahoo! Inc.
Brad Kania, Director of Content & Services Business Development, Samsung Telecommunications America
Stacy Salvi, Director Business Development and Legal Counsel, VIZ Media
Bart E. Volkmer, Associate, Wilson Sonsoni Goodrich & Rosati

3. In The Light and In The Dark: the good and bad side of content regulation

Content regulation is a part of our daily lives whether we know it or not. Censorship, copyright regulation, search ranking, data throttling, and website filtering are all attempts at discriminating among subject matter and controlling access to Internet sites. At least 59 countries overtly impose limits on the freedom of information online, and more are suspected of doing so covertly. This panel will discuss the effect of content regulations on the Internet and electronic commerce; the ways by which content is filtered or otherwise managed now and in the future.


Kate Spelman, Partner, Cobalt LLP (Moderator)
Lesley Fair, Senior Counsel, FTC
Eric Goldman, Associate Professor, Santa Clara University School of Law
Nicklas Lundblad, Senior Policy Counsel, Google
Dean S. Marks, Senior Vice President, Intellectual Property, Warner Bros. Entertainment

4. Search Engine Opportunities, Optimization, and Overload

Only a decade ago, people were paid to search the then mostly unknown World Wide Web and direct folks to interesting websites found. Finding a website, exploring where the hyper-links took you and browsing around for unknown websites were activities that early adopters undertook like explorers in an uncharted world. Today, we not only take search for granted, we view it as essential utility for our increasingly online based life. Making travel plans, finding weather conditions, looking for news, doing background checks, checking road conditions, seeking old friends, finding highly-rated restaurants to frequent, getting directions, doing comparison shopping, looking for sports stats, finding cheap gas and many of our other day-to-day activities start with a user, a browser and a search engine.

As a result, the bundle of hot legal issues arising out of search are some of the most challenging but important issues lawyers face today. This panel will start with a technical update on the current state of search and then discuss the vibrant privacy, copyright and other key legal issues that search creates.


Sophie Cohen, Partner, Cobalt LLP (Moderator)
Timothy Babbitt, Senior Vice President, ProQuest LLC
Simon J. Frankel, Partner, Covington & Burling LLP
Daniel M. Russell, Google Search Quality & User Happiness (Tutorial)
Jon Zieger, Senior Attorney, Microsoft Corporation

5. Wikileaks: The Media, The Law, the World

If first there was Wikileaks, there are now "****leaks" all over the world with more springing out each week. Has Wikileaks changed the world of information? And if so, what will it be like to live in a "leaks" world? The panel will look at the role of Wikileaks, and the other leak sites, and the impact on traditional press, new media, government and industry, and law.


David McCraw, Vice President and Assistant General Counsel, New York Times (Moderator)
Jennifer Granick, Attorney, Zwillinger Genetski LLP
Declan McCullagh, Chief Political Correspondent, CNET
David W. Ogden, Partner, WilmerHale
David Vigilante, Senior Vice President, Legal, CNN

6. The Crystal Ball: The Interpretations from a Forecaster and Venture Capitalists

This presentation and panel invite the speakers and the audience to get out their digital crystal balls. The session will begin with a presentation by a noted technologies forecaster Paul Saffo of Discern Analytics, who will provide a long-term perspective of the future of digital media.

Venture capitalists with a focus on digital media will provide insights on near-term trends and trajectories (one-three-five years out) in the digital media industry and will comment on the practicality and commercial viability of what the futurists see in their crystal balls in the longer term.


Paul Saffo, Managing Director - Foresight, Discern Analytics, "Welcome to the Creator Economy"


Riaz Karamali, Partner, Sheppard Mullin Richter & Hampton LLP (Moderator)
David J. Blumberg, Managing Partner, Blumberg Capital
Tim Draper, Founder and Managing Director, Draper Fisher Jurvetson
Howard Hartenbaum, General Partner, August Capital
Chris O'Brien, Business & Technology Columnist, The San Jose Mercury News

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