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Panel 1: UCC 2B THROUGH THE EYES OF COPYRIGHT SCHOLARS: PERSPECTIVES & COMMENTARY ON THE INTERSECTION OF COPYRIGHT AND CONTRACT Papers to be Presented:
Commentators: Henry Barry, Wilson Sonsini Goodrich & Rosati PRESENTER BIOS Jane Ginsburg Jane Ginsburg, Morton L. Janklow Professor of Literary and Artistic Property Law, has been a member of the Columbia Law School faculty since 1987. She teaches Legal Methods, Copyright Law, and Trademarks Law, and is the author or co-author of casebooks in all three subjects. Recent lectures and articles on domestic and international copyright subjects have explored the legal implications of electronic creation and distribution of works of authorship. Professor Ginsburg has taught French and U.S. copyright law and U.S. legal methods and contracts law at the University of Paris and other French universities. A graduate of the University of Chicago (BA 1976, MA 1977), she received a JD in 1980 from Harvard, and a Diplôme d'études approfondies in 1985 and a Doctorate of Law in 1995 from the University of Paris II. David Nimmer David Nimmer, Of Counsel to Irell & Manella LLP in Los Angeles, California, has authored the semi-annual revisions to Nimmer on Copyright since the death of his father in 1985. Mr. Nimmer has also written extensive articles about the intersection of copyright and technology. An example is an article in the current issue (April 1998) of the Southern California Law Review about Deuteronomy 17:19 and the Internet, entitled Adams and Bits: Of Jewish Kings and Copyrights. In addition, he has an article in the current issue (April 1998) of the New York University Law Review arising out of ISP liability as addressed in the recent Netcom decisions, entitled An Odyssey Through Copyright's Vicarious Defenses. He also represents clients in copyright matters, such as attending the recent Diplomatic Conference in Geneva on behalf of the United States Telephone Association, and Matthew Bender challenging the copyright in the pagination of West law reporters (appeal currently pending before the Second Circuit from summary judgment below against West). Jerome H. Reichman Please check back soon for this presenter's bio
COMMENTATOR BIOS Henry V. Barry Hank Barry is a partner at Wilson Sonsini Goodrich and Rosati. His practice focuses on the representation of emerging growth companies, with a particular emphasis on the intellectual property issues those companies face. His areas of expertise include business formation, venture capital financing, strategic corporate partnering and licensing, mergers and acquisitions and public offerings. He has extensive experience in technology licensing and corporate partnering transactions and completed more than 70 of these transactions in 1997. Hank has authored numerous articles in the fields of the Internet, interactive media and technology transactions. He currently serves on the editorial boards of the Cyberspace Lawyer and the Internet Law Journal. Prior to joining the firm, Hank was the head of Cooley Godward Castro Huddleson & Tatum's Technology Practice Group in Palo Alto. He previously practiced in the entertainment department of Paul, Weiss, Rifkind, Wharton & Garrison in New York. Hank received his law degree in 1983 from Stanford University, where he was managing editor of the Stanford Law Review. He received his bachelor's degree in economics from the University of Michigan in 1980, where he graduated with highest distinction and was elected to Phi Beta Kappa. In 1983, Hank received the national first prize in the Nathan Burkan Memorial Competition for papers on copyright law. Peter M.C. Choy Please check back soon for this commentator's bioMs Lucie Guibault is currently project researcher at the Institute for Information Law (IViR) of the University of Amsterdam. Her activities at IViR focus on copyright issues raised in the information highway, and more particularly on copyright exemptions and contracts. Ms Guibault studied law and received her Master's degree title (LL.M.) at the University of Montreal, after spending a year at the Max-Planck-Institute für Patent- Urheber- und Wettbewerbsrecht in Munich, where she carried out the research for her thesis on "intellectual property and new technologies." Before joining the Institute for Information Law in the Summer of 1997, Ms Guibault worked in private practice in Montreal, in the intellectual property section of one of the major Canadian law firms. During that time, she acted mainly as counsel for the negotiation of licenses on computer software and other intellectual property material. Prior to that, Ms Guibault also gained experience as a policy analyst for the Canadian Government at the Intellectual Property Policy Directorate of the Department of Industry in Ottawa, working namely on the implementation of the TRIPs Agreement and on several other copyright and patent law matters. Brian Kahin Brian Kahin is Senior Policy Analyst for Information Infrastructure at the White House Office of Science and Technology Policy. Mr. Kahin was founding Director of the Information Infrastructure Project and Adjunct Lecturer in Public Policy at Harvard's John F. Kennedy School of Government. Launched in 1989, the Project is supported by a mix of federal, corporate, and foundation funding; current work encompasses Internet coordination and administration, the economics of digital information, the Global Information Infrastructure, and the future of intellectual property. Mr. Kahin developed Kennedy School courses on "Information Technology, Law and Policy," "Information Infrastructure," and, most recently, "Business and the Internet: Strategy, Law, and Policy," offered jointly with Harvard Business School and Harvard Law School. This collaboration among the Harvard professional schools resulted in a joint executive education program, "The Exploding Internet: New Game, New Rules," offered through Harvard Business School, in which Mr. Kahin continues to participate as guest faculty. Until April 1997, Mr. Kahin was General Counsel for the Interactive Multimedia Association, which he helped found in 1988. He directed the Association's intellectual property activities, which focused on technology-based management of proprietary rights in the multimedia environment. Mr. Kahin is the author of numerous articles on information infrastructure policy issues. He is the editor of Building Information Infrastructure (McGraw-Hill, 1992) and the Information Infrastructure Sourcebook (published by the Harvard Information Infrastructure Project 1993-1995), and co-editor of Public Access to the Internet, (with James Keller; MIT Press, 1995), Standards Policy for Information Infrastructure (with Janet Abbate; MIT Press, 1995), National Information Infrastructure Initiatives (with Ernest Wilson; MIT Press, 1996), Borders in Cyberspace (with Charles Nesson; MIT Press, 1997), Coordinating the Internet (with James Keller; MIT Press, 1997), and the forthcoming Internet Publishing and Beyond (with Deborah Hurley and Hal Varian, MIT Press, 1998). Mr. Kahin served on the U.S. Advisory Committee on International Communications and Information Policy from 1995 to 1997 and chaired the Committee's Working Group on Intellectual Property, Interoperability and Standards. He has served on the board of Telecommunications Policy Research Conference, the editorial advisory boards of the Boston University Journal of Science & Technology Law and the practitioner newsletters Multimedia Law Strategist and Cyberspace Lawyer, and the advisory board of the Center for Electronic Texts in the Humanities. He was on the original steering committee for the Software Patent Institute (1990-91) and served on the advisory board from 1992 to 1997. Mr. Kahin was a member of the 1992-94 AAU Task Force on a National Strategy for Managing Scientific and Technological Information. He was co-editor of the journal Information Infrastructure and Policy (IOS Press) from 1994 to 1996. He was cited by Newsweek as one of the "Net 50" of 1995. As a consultant, Mr. Kahin's clients included EDUCOM, the Council on Library Resources, and the U. S. Congress Office of Technology Assessment. He has also served as principal counsel to FARNET (Federation of American Research Networks), and the International Interactive Communications Society, the society for professionals in multimedia. From 1983 through 1985, Mr. Kahin was the coordinator for the Research Program on Communications Policy at MIT and the MIT Communications Forum. Mr. Kahin received his B.A. from Harvard College in 1969 and his J.D. from Harvard Law School in 1976. He has been a member of the Wyoming State Bar since 1976. Jessica Litman Jessica Litman is Professor of Law at Wayne State University in Detroit, Michigan, where she teaches courses in copyright law, Internet law and trademarks and unfair competition. She earned a B.A. from Reed College, an M.F.A. (in Theatre) from Southern Methodist University, and a J.D. from Columbia Law School. Before joining the Wayne faculty in 1990, she was an Associate Professor at the University of Michigan Law School. Professor Litman is the author of many articles on copyright; her work has been cited by the Supreme Court and reprinted in House hearings. She is a co-author of the second edition of Jane Ginsburg et al., Trademark and Unfair Competition Law: Cases and Materials (1996). Professor Litman has testified before Congress and before the White House Information Infrastructure Task Force's Working Group on Intellectual Property. She is a past trustee of the Copyright Society of the USA and a past Chair of the American Association of Law Schools Section on Intellectual Property. She is an Academic Advisor to the American Committee on Interoperable Systems, and serves on the advisory board of Cyberspace Law Abstracts and the organizing committee for the Telecommunications Policy Research Conference. Joel R. Wolfson Joel Rothstein Wolfson is an Associate General Counsel for The Nasdaq Stock Market, Inc. in Washington, D.C. He heads the contracts and intellectual property practice group for Nasdaq. Mr. Wolfson is Chair of the Information Industry Association Committee on the Article 2B revisions to the Uniform Commercial Code. He was graduated with Distinction in Mathematics from the University of Wisconsin, Madison and holds a J.D. from Cornell law School. This year he is slated to have two law review articles published that are related to Article 2B: "Electronic Mass Information Providers and Section 552 of the Restatement (Second) of Torts : The First Amendment Casts a Long Shadow", 29 Rutgers Law Journal 67 (1997), and "Express Warranties and Published Information Content Under Article 2B: Does the Shoe Fit??", 16 Journal of Computer and Information Law 101 (1997). He is a past Co-Chair of the Technical Education Committee of the Computer Law Section of the District of Columbia Bar, a member of the Institute of Electric and Electronic Engineers, the Association of Computing Machinery, the Information Systems Security Association, and Computer Professionals for Social Responsibility. |