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.
ANTHONY N. KLING, esq., CEO &
TELEVISION INTERNET BROADCASTING
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 TelevisionMobile.com covered in
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.
ROBERT J. BROWN, VICE PRESIDENT
NETWORK PRESENCE, LLC
"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
"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."
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, LaTimes.com,
StreamingMedia.com, the event was headed by Microsoft's James Root followed by
Launch.com's President Bob Roback and leading Los Angeles attorneys Lionel S. Sobel and
"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 TelevisionInternet.com.
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.
JAMES ROOT, WINDOWS MEDIA GROUP
"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
BOB ROBACK, PRESIDENT
"About Launch.com: Headquartered in Santa
Monica, California, LAUNCH Media, (Nasdaq: LAUN) is a media company dedicated to creating
the premier Internet music site, Launch.com. LAUNCH.com 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, CheckOut.com 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
LIONEL S. SOBEL, EDITOR &
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".
ANTHONY N. KLING, CEO & FOUNDER
TELEVISION INTERNET BROADCASTING
see resume above
Subscreen in the Press
HOLLYWOOD REPORTER: Panel Mulls Content Delivery
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
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
Launch.com; 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
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
Associations 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, its 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 Microsofts
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 Launch.com, 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. Launch.com, 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 wont 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
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.]
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.
Los Angeles, California
To be a speaker at or sponsor Subscreen 2002, email you resume without
file attachments to: firstname.lastname@example.org