Impact of Article 2B

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Panel 7: BUT WHAT DOES IT MEAN FOR ME? PERSPECTIVES FROM AFFECTED INDUSTRIES

Presenters:

Lorin Brennan, American Film Marketing Association
Stephen Y. Chow, Perkins Smith & Cohen
Ronald Epstein, Intel
Michele C. Kane, The Walt Disney Company
Cem Kaner, Law Office of Cem Kaner
Peter Lyman, University of California at Berkeley Library
Matthew R. Lynde, Price Waterhouse
Jeffrey C. Selman, Severson & Werson


PRESENTER BIOS

Lorin Brennan

Lorin Brennan received his B.A. in Mathematics from the University of California at Santa Cruz in 1974. In 1978 he graduated from the U.C. Hastings College of the Law, where he was the Editor-in-Chief of Comm/Ent: A Journal of Communications and Entertainment Law. He was admitted to the California Bar that same year. He began practicing at Title Insurance & Trust Company, and then entered private practice. In 1983 Mr. Brennan joined Lorimar Productions as Director of Distribution Business Affairs. In 1988, Mr. Brennan became Vice-President, Business Affairs for Carolco Pictures, where he continued until October of 1995. He then became President of the Independent Producers Association, a trade association representing independent (non-studio) motion picture and television producers.

In 1987 Mr. Brennan was elected the Vice-Chairman, Secretary, of the American Film Marketing Association, a trade association representing independent motion picture distributors and a founding member of his current association. Mr. Brennan has traveled extensively in North America, Europe and Asia to represent the interests of independents meeting frequently with members of the European Commission in Brussels and professional associations in the European Community. He has been a guest lecturer on international copyright for World Intellectual Property Organization. In 1990, Mr. Brennan was a member of the U.S. Delegation to the Diplomatic Conference on the Treaty for the International Registration of Audiovisual Works. He also attended the Diplomatic Conference regarding a Protocol to the Berne Convention and a New Instrument on the Rights of Performers and Producers of Phonograms held in Geneva during December of 1997.

Mr. Brennan has been an active participant in all of the meetings of the Article 2B Drafting Committee for more than two years.

Stephen Y. Chow

Stephen Y. Chow is partner in the Boston law firm, Perkins, Smith & Cohen, LLP, counseling on legal issues for technology-driven businesses, drafting and prosecuting patent applications, and trying intellectual property and trade cases. He is a graduate of Harvard College and its Graduate School of Arts and Sciences with an advanced degree in Physics and of Columbia University School of Law. He also was a Guggenheim Fellow at Princeton University in Applied Physics. In prior professional affiliations in New York, Chicago and Boston, he was involved in major antitrust and securities litigation, venture financing and banking regulation.

Mr. Chow is a Massachusetts member of the National Conference of Commissioners on Uniform State Laws and is a member of its Drafting Committee on Uniform Commercial Code Article 2B -- Licenses, its Drafting Committee on an Electronic Transactions Act, and its Study Committee on Taxation of Electronic Commerce. As chair of the Massachusettts Bar Association UCC Task Force, he drafted the original 1992 proposed UCC2B on licensing of intellectual property then known as the "Massachusetts Proposal." Mr. Chow is chair of the Boston Patent Law Association's Trade Secrets Law Committee and drafted the pending bill to enact in Massachusetts a version of the Uniform Trade Secrets Act. He is a member of the adjunct faculty of Suffolk University Law School and of the American Law Institute.

Ron Epstein

Ron Epstein is Senior Counsel - Licensing in the Intel legal department, currently serving as Licensing Guru. Since joining the department in October, 1995, Ron has had responsibility for directly negotiating corporate patent licenses and other complex license agreements and providing training and assistance to ILT attorneys in their licensing efforts. In addition, Ron chairs the Intel Licensing Practice Group, and is Senior Counsel to Intel's Mobile Handheld Products Group.

Ron is a member of the State Bar of California, where he sits on the UCC Committee of Business Law Section. Prior to joining Intel, Ron was an associate at Wilson, Sonsini, Goodrich & Rosati where his practice concentrated on technology licensing and transfer agreements for clients in many different technology industries.

Ron received his J. D. From Boalt Hall School of Law at U.C. Berkeley in 1989, and a B.S. from Duke University in 1986.

Michele C. Kane

Please check back soon for this participant's bio

Cem Kaner

Cem Kaner (Law Office of Cem Kaner) practices law, usually representing individual developers, small development services companies, and customers. His focus is on the law of software quality. He is also actively involved in legislation affecting the law of software quality. He attends Drafting Committee meetings for Uniform Commercial Code Article 2B and for the Uniform Electronic Transactions Act. In both cases, he serves as a participating observer. Kaner recently finished writing BAD SOFTWARE: A CONSUMER PROTECTION GUIDE, which will be published by John Wiley & Sons in the summer of 1998. For information on the book and other writings from Kaner's firm, check http://www.badsoftware.com.

Mr. Kaner also consults on technical and management issues and teaches within the software development community, through his firm KANER.COM.. His book, Testing Computer Software, received the Award of Excellence in the Society for Technical Communication’s 1993 Northern California Technical Publications Competition. It is currently the best selling book in its area. Mr. Kaner has managed every aspect of software development, including software development projects, software testing groups and user documentation groups. He has also worked as a programmer, a human factors analyst / UI designer, a salesperson, a technical writer, and an associate in an organization development consulting firm. He teaches courses on software testing and on the law of software quality at UC Berkeley Extension, at UC Santa Cruz Extension, and by private arrangement. His technical publications can be found at http://www.kaner.com.

He has also served pro bono as a Deputy District Attorney, as an investigator/mediator for Santa Clara County’s Consumer Affairs Department, and as an Examiner for the California Quality Awards. Mr. Kaner holds a B.A. (Math, Philosophy, 1974), a J.D.  (1993), and a Ph.D. (Experimental Psychology, 1984) and is Certified in Quality Engineering by the American Society for Quality Control.

Peter Lyman

Peter Lyman is University Librarian and Professor in the School of Information Management & Systems (SIMS) at the University of California, Berkeley. His research interests include the political sociology of emotions, ethnographic research on computer mediated communication, the impact of information technologies upon the sociology of scholarly communication and publication and future of the libraries in an information society. He recently co-taught a SIMS class, "Copyright and Community: The Future of the Information Society" with fellow SIMS Professor Pamela Samuelson.

Professor Lyman received his B.A. in Philosophy from Stanford University, his M.A. in Political Science from U.C. Berkeley and his Ph.D. in Political Science from Stanford. He has taught Political Theory at Michigan State University, and was a visiting professor at Stanford University and the University of California at Santa Cruz. He has been Assistant Director of Academic Computing at Michigan State University, Executive Director of the Center for Scholarly Technology and University Librarian at the University of Southern California.

Professor Lyman has published extensively on libraries and information technology, including articles on digital documents, the design of network communication, and the intersection of technology, intellectual property and public interest. He currently serves on the Boards of the Getty Information Institute, the Council on Library and Information Resources (CLIR), Chadwyck-Healey, Inc., Sage Publications, Inc., and the Internet Archive. He is a member of the Association of American Universities' Committee on Digital Networks and Intellectual Property, and on the editorial boards of the American Behavioral Scientist and the Electronic Publishing Journal. He has also served on the Boards of EDUCOM, the Research Libraries Group (RLG), The Babbage Foundation, and the Technical Advisory Board of the Commission on Preservation and Access.

Matthew R. Lynde

Dr. Matthew R. Lynde, an economist, is a partner (principal) at Price Waterhouse LLP, and a member of its Corporate Finance, Recovery & Disputes (CFRD) group. He is on the management committee for that group, in charge of the Economic and Strategic Advisory (ESA) practice in the U.S. theatre. He has testified at deposition and in court in a variety of commercial dispute matters, and specializes in the economic approach to damages analysis. He has managed or consulted on a large number of cases involving high tech patents, copyrights, and trade secrets, and securities law issues. In addition, he has managed, consulted on, or testified concerning contract breach, antitrust, and CERCLA cases involving high tech companies. His clients have included Cravath, Swaine & Moore, Sullivan & Cromwell, Gibson, Dunn & Crutcher, O'Melveny & Myers, Pepper, Hamilton & Scheetz, Pennie & Edmonds, Arnold, White & Durkee, IBM, DuPont, MCI, Immunex, Pharmacia, First Boston, Bristol Myers Squibb, Smith Kline Beecham, Glaxo, Samsung, Unisys, NSK, Vons, United Air Lines, TIG, and Disney. He has spoken at a number of forums on the issue of the economics of commercial damages. Dr. Lynde was on the faculty of the City University of New York prior to joining Price Waterhouse. He has a B.A. and a Ph.D. in economics from the University of California at Berkeley, where as an undergraduate he spent three years as an electrical engineering major and belonged to both the engineering and the economics honor societies. He is a member of the American Economics Association, the National Association of Business Economists, the American Statistical Association, and the Licensing Executives Society.

Jeffrey C. Selman

Mr. Selman is a Member of Severson & Werson in its San Francisco office. He specializes in intellectual property, unfair competition, and franchise law, with a particular focus on digital media products and electronic distribution and commerce issues. Mr. Selman received his J.D. from Columbia University School of Law in 1990, and his A.B. from Stanford University in 1987. He is an Appointed Member of the State Bar of California Business Law Section's Franchise Law Committee and Ad Hoc Committee of Cyberspace and Law. Mr. Selman has given numerous talks on various subjects of intellectual property and computer law, including application of the fair use doctrine to musical parodies, digital copyright protection, electronic commerce, on-line deal making, and software contract warranties. He is also the author of Steering the Titanic Clear of the Iceberg: Saving the Sale of Software from the Perils of Warranties, University of San Francisco Law Review, Vol. 31, No. 3 (Spring 1997), and Copyright Protection in a Digital World: Judicial, Legislative, Technological and Contractual Solutions, The Journal of Proprietary Rights, Vol. 7, No. 7 (1995 Aspen Law and Business). Mr. Selman also represented Negativland.