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Legal Frontiers in Digital Media 2009

Legal Frontiers in Digital Media was held at Stanford University on May 15 and 16, 2009. If you missed the conference (or want to listen to a panel again!), an audio recording of all of the panels are available on iTunes U for free. We've linked them below, or just go to iTunes and search for "Legal Frontiers in Digital Media" (and sort by Collection):

Wireless Networks for Digital Media

A panel of distinguished mobile technology experts will provide a primer on how mobile networks work, and how they are evolving to provide greater bandwidth for content, as well as related functions such as location and search. Along the way, panelists will highlight the legal issues that arise in the world of wireless and mobile media.


Dan Wagonner, Davis Wright Tremaine, Moderator
Sam Altman, Co-Founder and CEO, Loopt
Jeffrey Belk, Senior VP/Marketing, Qualcomm
Rajeev Chand, Managing Director and Senior Equity Research Analyst - Wireless, Rutberg & Co.


Jonathan Hart (Dow Lohnes PLLC)
Daniel Waggoner (Davis Wright Tremaine LLP)

Clicks and Customers: New Technologies and Online Advertising

Legal and business experts in online advertising will focus on how online advertising models are adapting to changes in technology and new legal and regulatory pressures. They will examine how new Web browser technologies impact the collection and use of visitor data for online advertising and how emerging laws and self-regulatory initiatives are changing behavioral advertising practices. Throughout this session, the panel will highlight the legal issues that arise in the current online advertising marketplace.


Joe Rosenbaum, Reed Smith, LLP, Moderator
Eric Goldman, High Technology Law Institute, Santa Clara Law School
James D. Weiss, VP Business Affairs & Associate General Counsel, Yahoo!
Alissa Cooper, Center for Democracy & Technology
Amy Colando, Microsoft


Scott Dailard (Dow Lohnes PLLC)
Jason Ryning (Microsoft)

Is All Fair in Love and War? The Battle Over Fair Use

The Internet has fundamentally changed the rules regarding the use and distribution of content. In this panel, experts working at the intersection of law and technology will explore key questions, including these:

  • The Digital Millennium Copyright Act (DMCA) has, in practice, given rise to an explosion of creativity on the Internet, even though these uses may not be legally protected by the Fair Use Doctrine. Should changing social expectations of what is "permissible" affect legal doctrines?
  • What do the expansive technological possibilities -- archiving everything on the Internet, digitizing all books -- indicate for the Fair Use doctrine. Is it flexible enough to encompass such possibilities? Are further shifts necessary or desirable?
  • Is the DMCA's "notice and take down" process showing signs of its age? What is a "reasonable" time to take something down? Is filtering the answer?
  • How does the availability of Creative Commons licensing impact Fair Use doctrine? Does it create more opportunities for the free and widespread use of material?
  • Can "Fair Use" be made more fair? More predictable? Is there a better paradigm?


Steve Tapia, Senior Attorney/Copyright & Trade Secret Group, Microsoft, Moderator
Anthony Falzone, Executive Director/Fair Use Project, Center for Internet & Society, Stanford Law School
Brewster Kahle, Digital Librarian, Director and Co-Founder, Internet Archive
Andrew L. Deutsch, Partner, DLA Piper LLP US


Joshua Koltun (Joshua Koltun, Attorney)
Sherrese Smith-Heyliger (Washingtonpost.Newsweek Interactive, LLC)

User Conduct and User Safety

Industry insiders will explore what digital publishers are doing to deal with, and the legal regimes that apply to, cyber-bullying, mass-casualty and suicide threats, and other instances where user-generated content raises questions of public safety and publisher liability.


Kurt Wimmer, Partner, Covington & Burling, Moderator
Jonathan Avila, Chief Privacy Officer, The Walt Disney Company
Jim Dempsey, Vice President for Public Policy, Center for Democracy and Technology
Shana Stanton, Litigation Counsel, Google
Jack Bennett, Special Agent, FBI Cyber-Crime Unit, San Francisco


Christopher Beall (Levine Sullivan Koch & Schulz, L.L.P.)
Thomas Burke (Davis Wright Tremaine LLP)
Joseph Tiffany II (Pillsbury Winthrop Shaw Pittman LLP)

Will Change Come To Digital Media Policy? The New Administration and The New Congress

Industry and government experts will address new directions in digital media regulations, including those related to:

  • Advertising: Will the new Congress, FCC, or FTC take steps to change regulations on behavioral advertising, embedded advertising, or similar areas?
  • Online Privacy: What is the horizon for online privacy issues on the Hill and at agencies?
  • Content: Will Congress, the agencies, or international agreements change the rules concerning Internet content?  What changes are we likely to see in content standards for other platforms?
  • Technical and Infrastructure Issues: Will Congress or the FCC issue new rules or requirements for spectrum allocation, net neutrality, broadband or related issues?  How should the transition to digital television be evaluated, and what does that portend for the future?


Cliff Sloan, Partner, Skadden Arps, Moderator
Alan Davidson, Director of U.S. Public Policy and Government Affairs, Google
Maureen O'Connell, Senior Vice President-Regulatory and Government Affairs, News Corporation/Fox
Steven Teplitz, Senior Vice President, Time Warner Cable
Sandy Wilson, Vice President of Public Policy and Regulatory Affairs, Cox Enterprises


Erin Dozier (National Association of Broadcasters)
Clifford Sloan (Skadden, Arps, Slate, Meagher & Flom LLP)

Is the Medium More Than the Messenger? New Developments in Liability for User Transgressions of Copyright and Trademark Laws

Copyrights and trademark owners are aggressively seeking to hold online intermediaries liable for infringement based on the conduct of their users. Content distributors are pushing the legal envelope with new technologies and business models. This panel will examine important recent court rulings in this area, and discuss emerging trends and problems. Topics will include:

  • How reliable are the "safe harbors" under the now decade-old Digital Millennium Copyright Act?
  • How far must an online platform go to police against its users' trafficking in counterfeit goods or services that infringe others' trademark rights?
  • Are the traditional distinctions between different categories of infringement (direct, vicarious, and contributory) blurring in the Internet context?


Fred von Lohman, Senior Staff Attorney, Electronic Frontier Foundation, Moderator
Timothy L. Alger, Deputy General Counsel/Litigation, Trademark, and Employment, Google, Inc.
Jay Monahan, Vice President and General Counsel of Vuze, Inc.
Matt Robinson, VP/Business Development & Partnerships, Attributor


Andrew Bridges (Winston & Strawn LLP)
Patrick Carome (Wilmer Cutler Pickering Hale and Dorr LLP)

The Developing Law of Virtual Realities and Online Games

Online games and virtual realities are not only among the hottest Internet businesses, they are also the focus of many new legal issues. This panel will discuss developing legal issues in virtual worlds, especially regulation of virtual economies and the buying and selling of virtual property. Other topics may include issues relating to ownership of identities, customer data, privacy and publicity rights for avatars and humans, safety issues, enforcement of terms of use, the growth of the MMO economy, gambling regulations, virtual currencies, export controls between the real and virtual worlds, and IP and DMCA enforcement issues arising from the peculiarities of virtual life and virtual commerce.


Lauren Gelman, Executive Director/Center for Internet and Society, Stanford Law School, Moderator
Sean Kane, Partner, Drakeford & Kane LLC, New York
Jordan McCollum, Vice President/Counsel, Disney Interactive Media Group
Daniel Offner, Partner, Nixon Peabody LLP, Los Angeles
Steve Ross, Associate General Counsel & Director of Legal and Business Affairs, Square Enix, Inc.
Dean Takahashi, Lead Writer for Digital Media, VentureBeat


Lauren Gelman (Stanford Law School)
Daniel Offner (Nixon Peabody LLP)

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