a subsection of the Los Angeles County Bar Association's Intellectual Property and Entertainment Law Section


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California Streamin' <2>

Riding the Wave of Success in Internet Content Delivery

April 18, 2001

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Executive Board for Subscreen: James Balesh, Harry Douglas, Susan Keen, Anthony N. Kling, Shelley Surpin, William Vochoska

California Streamin' <2> 2001

  The Nation's Leading Event for Streaming Media in the West & Law

The Nation's top event for Streaming Media & Law - "California Streamin' " - returns this Spring. After countless requests to Subscreen and the Los Angeles County Bar, California Streamin' returns for its second installment this April.


Online Registration

By Phone. Visa, Mastercard or American Express  
  Call (213) 896-6560 Mon-Fri, 9 a.m.- 4:30 p.m. Event Code # 802DD18  
Los Angeles County Bar Association/Lexis Publishing Conference Center 281 S. Figueroa St. -   Downtown Los Angeles  

a state of the art facility in the heart of Downtown Los Angeles' high tech corridor

Get Map & Directions  
Registration: 6:30-7:00 PM, Buffet Meal: 6:30 PM, Program: 7:00-9:00 PM



AT & T

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AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P. akingump.gif (3199 bytes)Peter L. Haviland is a partner in the litigation and technology practice groups of Akin, Gump, Strauss, Hauer & Feld, L.L.P. in Los Angeles. He represents clients in complex national and international commercial disputes. His practice includes both trial and significant appellate experience. Mr. Haviland's practice includes a wide array of entertainment industry matters, including Internet and e-commerce rights, intellectual property and unfair competition claims, defamation and First Amendment issues, employment, fiduciary duty and non-competition agreements, class actions and antitrust. He represents clients on matters regarding entertainment contractual disputes involving music, film and television agreements. He is well-versed on the enforcement of domestic rights internationally, particularly in Europe and Latin America. Mr. Haviland received his B.A. from Harvard University in 1977. He received his J.D. in 1989 from Stanford Law School, where he was the Associate Editor of the Stanford Law Review and a foreign language area studies fellow, focusing on Portuguese and Brazilian law. He is a former clerk to the Honorable Warren Ferguson of the U.S. Court of Appeals for the 9th Circuit.
TELEVISION INTERNET BROADCASTING NETWORK logo.jpg (13327 bytes) Launched in 1997, Television Internet today remains the only CDN (content delivery network) producing and streaming half-hour, and now hour-long, original network-quality filmed episodic programs for the web. When its series "Muscle Beach" first premiered in March 2000, the comedy/fitness show immediately became the net's most watched. As the historic "first network-quality first-run series for the Web" according to Variety, the show by June made history again by airing the net's first hour-long original special. Today, the net's most watched series is also its longest running. In 2001, Kling's Television Internet slated to deliver over thirty hours of original series programming. Television Internet is currently producing over sixty half-hour and hour-long on-demand original episodes. After having been best known for its award-nominated content, the internationally acclaimed Microsoft Content Partner has matured to become the world's leading destination for original streaming video programming, streaming media services, broadband services, and soon wireless programming, for its anticipated deployment of covered in

mobilelogo.gif (2718 bytes) Today, Television Internet has three core businesses (content, products, and services) and one affiliate business (Television Mobile). Television Internet and Mr. Kling have been covered in virtually every leading industry publication and is consistently listed alongside cable and network broadcasters while Mr. Kling has been a frequent invited speaker/participant at international streaming media events. Mr. Kling holds a BA from Columbia College, a MBA from Columbia Business School, and a JD from Loyola Law School. He is also an established entertainment and internet attorney at the Kling Law Firm.

NETWORK PRESENCE, LLC NetPr-Logo-200x110-2001-0410.jpg (16342 bytes)"Network Presence is a leading professional services firm specializing in designing and implementing solutions in the area of information security. Our consultants are recognized as the technology industry's most skilled and knowledgeable architects of security design, training, and risk assessment. As such, we are the preferred information security provider to many Fortune 1000 companies, government and intelligence agencies, banks, universities, entertainment entities, and major insurance providers. Network Presence is focused on providing world-class expertise to customers who are on the cutting edge of their industry. Our consultants are recognized leaders in the area of information security and regularly participate in the Internet standards bodies, develop open-source software, provide seminars and training, and author technical white papers. It is our in-depth understanding of the technology coupled with our customized approach and commitment to client confidentiality that distinguishes us as the market leader.

"Mr. Borinski is a telecommunications and Internet professional with over eleven years of experience in Internet security analysis and TCP/IP networking. He is a co-founder of Network Presence, LLC and has served as president since its 1998 inception. His management has been instrumental in the strategic growth and direction of the company.

"Prior to co-founding Network Presence, Mr. Borinski served as Senior Consultant for REALOGIC, Inc. (now part of Computer Associates, Inc.), where he managed the engineering team responsible for the network security of Bell Atlantic's expansion into the Internet Service Provider (ISP) market. Prior to his work with REALOGIC, Mr. Borinski spent five years at Network Solutions, Inc., the primary Internet Registry, as a Senior Network Engineer. In that capacity, he provided network architecture design, network security analysis, and hands-on implementation management to several Fortune 100 companies.

"Mr. Borinski has extensive knowledge of network security technology, operating systems, software development, network architecture, and database design. He holds a Bachelor of Arts in Mathematics from Cornell University.

"Robert J. Brown is Vice President and co-founder of Network Presence, LLC. Mr. Brown has over 6 years of experience designing and managing enterprise network security. He has provided engineering expertise and security solutions to some of the largest companies in the world, including many Fortune 500 companies and the US Government. During his tenure at Trusted Information Systems, a leader in secure networking solutions that was later acquired by Network Associates, he served as a key member of the commercial consulting group and penetration testing team. Prior to that role, he served as a senior engineer on the Gauntlet firewall product. He has deployed and supported hundreds of firewalls and security products and has authored numerous technical advisories and white papers."

Additional speakers pending  
For press credentials, contact Subscreen      

California Streamin' <1> 2000

Copyright & Licensing Issues in Internet Content Delivery

October 25, 2000 SANTA MONICA, CALIFORNIA. Entertainment attorneys do not know the answers to many of the legal issues underlying streaming media concluded panelists this October from Subscreen, the Los Angeles County Bar Association's subsection of Television and Film and the Internet. As a part of the nation's largest local bar association, Subscreen became in October the nation's first bar association to address streaming media and its impact on copyright law when it hosted a roundtable discussion at Microsoft Santa Monica.

The importance of legal issues and streaming media was evidenced by the event's response. The event attracted over two thousand visitors to the event's website in the ten days before the event. The event was eventually oversolded over 50% and attracted some of Los Angeles' leading studio counsels and private entertainment attorneys. Covered in the Hollywood Reporter,,, the event was headed by Microsoft's James Root followed by's President Bob Roback and leading Los Angeles attorneys Lionel S. Sobel and Simon Horsman.

"While the MP3 and Napster decisions may suggest that attorneys comprehend all the legal concerns underlying content delivery over the net, the truth is quite different" warned Subscreen Executive Board member Anthony Kling, an attorney who also serves as CEO of netcaster

Subscreen, whose membership includes Los Angeles' leading entertainment attorneys and corporate counsels, decided to host the event months before the recent high-profiled net-suits. Subscreen saw a widespread concern among attorneys as to how to handle streamed content under the Copyright Act.

Subscreen now will decide whether to make the "California Streamin' " event and bi-annual conference. The Los Angeles County Bar has already received countless requests to revisit the issue this spring while Subscreen believes streamed content may be impacted if the Digital Millenium Act is amended under the next presidential administration.




getmedia_white.gif (1861 bytes) "About Windows Media: Windows Media is the leading digital media platform, providing unmatched audio and video quality to consumers, content providers, solution providers, software developers and corporations. Windows Media offers the industry's only integrated rights-management solution and the most scalable and reliable streaming technology tested by independent labs. Windows Media Technologies includes Windows Media Player for consumers, Windows Media Services for servers, Windows Media Tools for content creation, and the Windows Media Software Development Kit (SDK) for software developers. Windows Media Player, available in 24 languages, is the fastest-growing media player. About Microsoft: Founded in 1975, Microsoft (Nasdaq "MSFT") is the worldwide leader in software, services and Internet technologies for personal and business computing. The company offers a wide range of products and services designed to empower people through great software -any time, any place and on any device."

LAUNCH.COM "About Headquartered in Santa Monica, California, LAUNCH Media, (Nasdaq: LAUN) is a media company dedicated to creating the premier Internet music site, provides music fans with the broadest array of music, music videos and music-related editorial content on the Web.   LAUNCH is engaged in strategic relationships with Sony Music, EMI Music, Warner Music Group, AOL, Microsoft, NBC, Snap, Intel, RealNetworks, NetZero, Yahoo!, Yahoo! JAPAN, SOFTBANK Ventures, Tokyo Broadcasting System, and others. Through a relationship with Road Runner, LAUNCH is a leading provider of broadband content, delivering unique music content similar to what is currently seen on LAUNCH on CD-ROM."
ENTERTAINMENT LAW REPORTER "Lionel S. Sobel is the Editor and Publisher of the ENTERTAINMENT LAW REPORTER, a monthly periodical covering legal developments of importance to those in the entertainment industry. He has written one book, PROFESSIONAL SPORTS AND THE LAW, and is the co-editor of the current edition of the casebook LAW AND BUSINESS OF THE ENTERTAINMENT INDUSTRIES. He also has written chapters for several other books, including the chapters on royalty accounting and soundtrack music for the Music volume of ENTERTAINMENT INDUSTRY CONTRACTS, and the chapter on the regulation of player agents in THE LAW OF PROFESSIONAL AND AMATEUR SPORTS. He has written many articles - some of which have been cited by the Supreme Courts of the United States and state of California, and by federal Circuit and District Courts - on a wide variety of entertainment law topics, including idea protection, domestic and international copyright, and labor and antitrust law."
NEFF LAW GROUP "Simon M.J. Horsman, admitted to practice in both England and California, has been a partner in Neff Law Group LLP since January 1999. He previously worked at Slaughter and May in London. Horsman graduated from the University of Manchester (B.A. with honors) and from The College of Law in Guildford, England. Horsman specializes in commercial and transactional work in Europe, heads up the technology/internet practice group, and oversees management of antipiracy litigation in Brazil".

Subscreen in the Press

2000 Articles

HOLLYWOOD REPORTER: Panel Mulls Content Delivery
OCTOBER 27, 2000. LOS ANGELES, CA - A panel of technology and legal experts met to discuss copyright and licensing issues in Internet content delivery, concluding with a better perception of the questions but no clear answers.

The "California Streamin' " event was sponsored by Subscreen, a subsection of the Los Angeles County Bar Assn.'s Intellectual Property and Entertainment Law Section, and was targeted at the legal profession. The moderator was Anthony Kling of the Kling Law Firm, who is also CEO and founder of Television Internet.

Stream linking proved to be one of the most intriguing topics. "Many content providers approve it to get their streams out to as many people as possible, or they don't officially authorize it, in which case it's an infringing act," Kling said.

International issues were another major area of discussion. One particular example dissected by the panel involved the determination of locale. "If the domain name is one country and the server for the domain is in one country and the content is in another country, who has jurisdiction? Nobody has answers," he said.

This can become extremely important when it comes to royalties, since ASCAP and BMI base their decision on where the server is physically located. The panel members were well aware of how easily a stream could be diverted or otherwise manipulated to avoid meeting that criteria.

Discussion also focused on derivative copyrights, a concern that the panel agreed was underappreciated in new media. One example was the skins available to users of Microsoft Media Player 7: Did changing the branded look of the player create a derivative work? Other questions cropped up about whether it is possible to register the code of a page that has a media player and whether that would then create a derivative work. If so, it has to reference the original copyright.

"Even if it makes business sense and good customer relations, these things create problems from a legal standpoint," Kling said.

The participants included James Root of Microsoft Windows Media; Bob Roback, president of; Peter Haviland, a partner in the litigation and technology practice groups of Akin, Gump, Strauss, Hauer & Feld LLP.; Simon Horsman, a partner in Neff Law Group LLP.; and Lionel Sobel, an author and editor and publisher of Entertainment Law Reporter. [Copyright 2000 Hollywood Reporter]

STREAMINGMEDIA.COM: Legal Forum Tackles Content Copyright and Licensing Issues

NOVEMBER 1, 2000: ONLINE - In the world of streaming media, the first question was one of technology – how to deliver high-quality streams to a broad base of users. The next question was one of economics – how to turn media streams into revenue streams. As evidenced by the recent MP3 and Napster cases, the question is now becoming one of law – who has what rights to streaming media revenues, and how can those rights be protected.

On October 25, Subscreen, a subsection of the Los Angeles County Bar Association’s Intellectual Property and Entertainment Law section, presented California Streamin’: Copyright and Licensing Issues in Internet Content Delivery, a workshop designed to examine these issues.

New legal controversies often accompany technological change, and so it is with streaming media. For example, the global nature of the Internet is playing havoc with the territorial rights that often apply to media content. The International Olympic Committee recently prohibited the streaming of Olympic events over the Internet because it threatened regional television broadcast rights. The same territorial issues exist in the music world as well. Because a U.S. license may not apply to music performed or released in Japan, it’s still unclear which rights must be secured to legally stream or download music throughout the world.

Some legal issues discussed at the workshop are particular to the music industry. Music rights are secured in two basic forms from two distinct agencies. On the publishing side, “performance” rights are secured from licensing organizations like ASCAP and BMI. On the reproduction side, “mechanical recording” rights are generally secured through the Harry Fox Agency. Both agencies claim to control rights to both streamed and downloaded music.

Lon Sobel, editor of the Entertainment Law Reporter and a speaker at the workshop, noted that content providers are already getting cease-and-desist letters from both agencies. Licensees will be loath to pay twice for the same rights. Attendees noted that it will likely take a court to decide whether the buffer in a RealPlayer is, in fact, “recording” the stream, or whether a downloaded audio file is any less a “performance” than an audio signal from a radio transmitter or digital cable.

Establishing rights and protecting those rights are two different things. James Root, the business development manager for Microsoft’s Digital Media Division, noted that territorial rights management is possible using e-mail addresses or reverse IP lookup. And digital rights management solutions by Microsoft, InterTrust and others are so far proving successful in controlling and monetizing access to streamed and downloaded content. But Root also pointed out some compromises that content owners will have to consider. For example, users may only jump through so many hoops to validate themselves as licensees -- a factor that could cause sales of licenses – and thus, revenues – to decline. And while downloaded content may offer higher quality – streamed content is more difficult (but still not impossible) to pirate.

Bob Roback, CEO of, noted that the music industry has historically fought many of the innovations – such as audio cassettes – that have brought them the most benefit. He points out, “The record companies have one view of consumer behavior and the dot-coms have another.”, which offers streamed, as opposed to downloaded music through its Web site, sees itself as a “marketing partner for the labels.” Napster and MP3 music distributors also claim to be helping the music industry by building its customer base, rather than siphoning off revenue. However, the industry, as yet, remains unconvinced.

The coming legal battles may be fought on many fronts. “I see major battles in Congress over changes in the law,” says Sobel. “The changes won’t come from lawsuits.” Sobel predicts that just as technological advances precipitated the sweeping Telecommunications Act of 1996, so will the Copyright Act of 1976 have to be rewritten in the not too distant future. Sobel points out, “Existing copyright law is based on factual assumptions that are no longer true.”

Meanwhile, it was noted that the U.S. military intentionally bred chaos into the design of the Internet to keep cold war foes from interrupting military communications. Judging from the legal and legislative storm clouds that are forming on the horizon, that chaos seems to be alive and well. [Copyright 2000 Streaming Media Inc.]

About Subscreen

The Subsection for Film, Television and the Internet

Subscreen is a subsection of the Los Angeles County Bar Association, the nation's largest local bar association. Committed to television, film and internet matters, Subscreen events have in recent years brought together Los Angeles' top corporate counsels and entertainment attorneys on groundbreaking issues. Previous events have been hosted by CBS Broadcasting and Microsoft Corporation.

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