Fair Use in the 21st Century: Software after Copyright


Paul Grewal
, Partner, Day Casebeer and Pro Bono Counsel in Blizzard v. BNETD
Paul's practice is concentrated in technology litigation. Before joining the firm, he worked as an associate for the firm of Pillsbury Madison & Sutro LLP in San Francisco. Paul received his S.B. from the Massachusetts Institute of Technology in 1993 and his J.D. from the University of Chicago in 1996. He served as law clerk to the Hon. Arthur J. Gajarsa of the United States Court of Appeals for the Federal Circuit. Previously, he was law clerk to the Hon. Sam H. Bell of the United States District Court for the Northern District of Ohio. Paul is a member of the State Bars of California and Ohio and is admitted to practice before various federal courts. He is also registered to practice before the United States Patent and Trademark Office.

Susan Freiwald, Professor of Law, University of San Francisco Law School
Professor Freiwald received her B.A. (1987) magna cum laude from Harvard University and her JD (1991) magna cum laude from Harvard Law School, where she was Books and Commentaries editor of the Harvard Law Review. She clerked for Judge Amalya L. Kearse of the United States Court of Appeals for the Second Circuit. She worked as a software developer prior to law school and was in private law practice in New York City before teaching. From 1994 to 1997 she was an Assistant Professor in the Legal Studies Department of the Wharton School of the University of Pennsylvania. Professor Freiwald teaches Contracts, Cyberspace Law, and Information & Privacy.

Tom W. Bell, Professor of Law, Chapman University School of Law
Professor Bell specializes in high-tech legal issues and has written a variety of papers on intellectual property and Internet law. Professor Bell also edits the online casebook, INTERNET LAW, available at http://www.tomwbell.com/NetLaw.html. He received his JD from the University of Chicago Law School in 1993, where he served both as a member of the University of Chicago Law Review and as articles editor and co-founder of the University of Chicago Legal Roundtable. After graduating from law school, Professor Bell joined the Silicon Valley law firm of Wilson Sonsini Goodrich & Rosati. He entered teaching in 1995, when he became an assistant professor of law in the Program in Law and Technology at the University of Dayton School of Law. During a year-long leave of absence from that school, and just prior to joining the Chapman faculty, he served as Director of Telecommunications and Technology Studies at the Cato Institute in Washington, D.C. In addition to writing a steady stream of scholarly works, Professor Bell has appeared on or been quoted in the Wall Street Journal, CNN, Los Angeles Times, and many other news sources.

Mark Lemley, Professor of Law, Stanford Law School
Mark Lemley is a Professor of Law and Faculty Scholar at Stanford Law School and the Director of the Stanford Program in Law, Science and Technology. He teaches intellectual property, computer and Internet law, patent law, and antitrust. He is of counsel to the law firm of Keker & Van Nest, where he litigates in the areas of antitrust, intellectual property and computer law. He is the author of six books (all in multiple editions) and 57 articles on these and related subjects, including the two-volume treatise IP and Antitrust. He has taught intellectual property law to federal and state judges at numerous Federal Judicial Center and ABA programs, has testified twice before Congress and three times before the Federal Trade Commission on patent, antitrust and constitutional law matters, and has filed numerous amicus briefs before the U.S. Supreme Court, the California Supreme Court, and the federal circuit courts of appeals. His articles have appeared or will appear in the Yale Law Journal, the Stanford Law Review (three times), the University of Chicago Law Review, the Virginia Law Review, the California Law Review (seven times), the Texas Law Review (twice), the Duke Law Journal, the UCLA Law Review, the Southern California Law Review, the Georgetown Law Journal, the Northwestern University Law Review, the Minnesota Law Review (twice), the Boston University Law Review (twice), the University of Illinois Law Review and the Vanderbilt Law Review, among others, as well as in numerous specialty journals. He has chaired or co-chaired more than two dozen major conferences on antitrust, intellectual property and computer law, including Computers Freedom and Privacy '98, and he was the 1997 Chair of the Association of American Law Schools Section on Law and Computers.

Lothar Determann, Baker & McKenzie
Lothar Determann is a partner at Baker & McKenzie, where he practices in Global Business Trade and Technology, focusing on Information Technology and International Business. He is the author of three books and thirty-five articles and has taught courses on IT Law, eCommerce Law, and Data Privacy Law at UC Berkeley Law School (Boalt Hall), University of San Francisco Law School, and Free University of Berlin.

Fair Use in the 21st Century: Trademark Fair Use Online

J. Thomas McCarthy, Professor, University of San Francisco Law School
Professor J. Thomas McCarthy received his B.S. (1960) from the University of Detroit, and his JD (1963) from the University of Michigan. He has worked as an electronics engineer and was in private law practice in San Francisco as a patent lawyer before he became a teacher. He has taught courses in Intellectual Property at USF. He is the recipient of the Centennial Award in Trademark Law of the American Intellectual Property Law Association in 1997 and recipient of the Pattishall Medal for excellence in teaching trademark law from the Brand Names Education Foundation in 2000. He is the author of a six-volume treatise on Trademarks and Unfair Competition (4th Edition 1996); the two-volume treatise The Rights of Publicity and Privacy (2nd edition, 2000); and of McCarthy's Desk Encyclopedia of Intellectual Property (2nd Edition 1995). Professor McCarthy is the Founding Director of the McCarthy Institute for Intellectual Property and Technology Law located at USF.

Eric Goldman, Professor, Marquette Law School
Professor Eric Goldman joined the Marquette Law faculty in 2002. Prior to Marquette, he was General Counsel of Epinions.com and an Internet and technology transactions attorney at Cooley Godward LLP in the Silicon Valley. Eric also been an adjunct professor at Boalt Hall (UC Berkeley), Santa Clara University School of Law and University of San Francisco School of Law. Eric's research focuses on Internet law, technology and marketing practices. Recent articles have addressed warez trading, spam and search engine keywords. Eric received his BA, summa cum laude and Phi Beta Kappa, in Economics/Business from UCLA in 1988. He received his JD from UCLA in 1994, where he was a member of the UCLA Law Review, and concurrently received his MBA from the Anderson School at UCLA. Eric holds leadership positions in the American Bar Association and the Computer Law Association. He serves on the editorial board of the Business Law Today and the Journal of the Copyright Society of the U.S.A. and is a member of the ABA Business Law Section Publications Board. Eric's personal home page is located at http://www.ericgoldman.org. He has two blogs: the Technology & Marketing Law Blog and Goldman's Observations.

Margareth Barrett, Professor, Hastings Law School
Professor Margreth Barrett received B.A. and M.A. degrees in English Literature from the University of South Florida, along with the distinction "University Scholar." After three years of employment with the Florida State University System, Professor Barrett attended Duke University School of Law, where she served as editor-in-chief of the Duke Law Journal and held the Hardt Cup Moot Court Championship. She received the Faculty Award for Greatest Contribution to Legal Scholarship, Class of 1980. Before joining the Hastings faculty in 1984, Professor Barrett served as a law clerk to the Honorable Gerald Bard Tjoflat, United States Circuit Court of Appeals for the Fifth Circuit, and practiced law with the firm of Howard, Rice, Nemerovski, Canady, Robertson & Falk in San Francisco. Although she has taught in the fields of corporate law and real property, Professor Barrett's primary focus is intellectual property. She is the author of a case book for the intellectual property survey course and writes primarily in the fields of trademark and copyright law.

Sally Abel, Partner, Fenwick&West
Sally Abel is a Partner at the IP Group at Fenwick & West LLP in Mountain View. She focuses her practice on international trademark and trade name counseling, including the development and management of international trademark portfolios and trademark rights in cyberspace. Among the clients she has represented are Cisco Systems, Inc., Fannie Mae, and Sun Microsystems, Inc. Ms. Abel graduated summa cum laude from the University of California, Davis in 1977 and obtained her J.D. in 1984 from the University of California Los Angeles School of Law.

Neil A. Smith, Howard, Rice, Nemerovski, Canady, Falk & Rabkin
Neil A. Smith is a partner at Howard, Rice, Nemerovski, Canady, Falk & Rabkin in San Francisco, California. He is admitted to practice in California and the District of Columbia, and is registered to practice before the U.S. Patent and Trademark Office. Mr. Smith earned his law and undergraduate engineering and college degrees at Columbia. He also has a Masters in Law in Patent and Trade Regulation Law from George Washington Law School. He is listed in The Best Lawyers in America and Guides To The Leading Trademark And Patent Experts, and has served as author of several publications. He writes columns on Ninth Circuit intellectual property law for the State Bar of California and the ABA Litigation Section. Mr. Smith served as a Law Clerk to Judge Giles S. Rich, U.S. Court of Customs and Patent Appeals (now the Federal Circuit); other activities include: President, San Francisco Patent and Trademark Law Association, 1984-1985; Member, Executive Committee Intellectual Property Law Section; State Bar of California, 1987-1990; Chairman, Patent and Trademark Office Affairs-Trademark and Trade Secrets and Interference with Contracts and Annual Meeting Program Committees of the Intellectual Property Section of the American Bar Association, respectively, Chair, Trademark and Licensing Committees of the American Intellectual Property Law Association, served as a member of the Department of Commerce Public Advisory Committee for Trademark Office Affairs; and serves as a Member of the BNA Patent, Trademark and Copyright Journal Advisory Board. Neil was named Litigator of the Year 1999 by Managing Intellectual Property Magazine. He specializes in patent, trademark, and copyright litigation and counseling. He was counsel in many of the leading cases dealing with intellectual property on the Internet, including linking, framing, metatags and copyright violations for uploading and downloading software and content.


Fair Use in the 21st Century: Peer-to-Peer at the Supreme Court: the Grokster Case


Jay Spillane, Fox & Spillane
Jay M. Spillane is a partner in Fox & Spillane LLP, a business litigation law firm specializing in representation of entertainment, media and intellectual property clients. Mr. Spillane graduated Order of the Coif from Hastings College of the Law in 1986, and was a litigation attorney at O’Melveny & Myers prior to co-founding Fox & Spillane. He handles complex litigation matters for clients in the Internet, motion picture, television, music, sports, advertising, publishing, technology and software industries. Mr. Spillane is a frequent lecturer on issues of entertainment and intellectual property law at forums such as the Harvard Sports and Entertainment Law Symposium and the Beverly Hills Bar Association.


Fred von Lohmann, EFF Senior IP Counsel
Fred von Lohmann is a senior staff attorney with the Electronic Frontier Foundation, specializing in intellectual property issues. He has represented programmers, technology innovators, and individuals in litigation against every major record label, movie studio, and TV network in the US. He is involved in EFF's efforts to educate policy-makers regarding the proper balance between intellectual property protection and the public interest in fair use, free expression, and innovation. Fred is representing software developer Streamcast Networks in the MGM v. Grokster case, now before the Supreme Court. Fred's arguments before the Ninth Circuit led to a groundbreaking August 2004 ruling in favor of StreamCast, Grokster and innovators generally. Fred was named one of 2004's 100 most influential lawyers in California by the Daily Journal, a leading legal newspaper, and received a 2003 CLAY award (California Lawyer of the Year) from California Lawyer magazine. He was also named one of the 50 Agenda Setters for 2003 by UK publication Silicon.com. He has appeared on CNN, CNBC, ABC's Good Morning America, Fox News O'Reilly Factor, and TechTV's ScreenSavers and has been widely quoted in a variety of publications, including in the New York Times, Washington Post, Los Angeles Times, Billboard, US News & World Report, CNET News, Wired News, TIME magazine and a number of leading legal newspapers. His opinion pieces have appeared in the Los Angeles Times and San Jose Mercury News. Before joining EFF, Fred was a visiting researcher with the Berkeley Center for Law and Technology, where his research focused on the impact of peer-to-peer (P2P) technologies on the future of copyright. Prior to his research fellowship, Fred was an attorney with the international law firm of Morrison & Foerster LLP, concentrating on transactions and counseling involving the Internet and intellectual property. Fred has also served as a law clerk to Chief Judge Thelton Henderson, of the US District Court for Northern California, and Judge Betty B. Fletcher, of the US Ninth Circuit Court of Appeals. He received both his undergraduate and law degrees from Stanford University.

James Pooley is a partner atMilbank Tweed Hadley & McCloy LLP, Palo Alto. Mr. Pooley has practiced in Silicon Valley since 1973, establishing a national reputation as trial counsel in some of the most difficult and high visibility cases involving intellectual property. His successful patent infringement defense of Adobe Systems was recognized by the National Law Journal as the only IP case among its Top Defense Verdicts of 1997, and a record settlement for ESS Technology in a software copyright case led to his being honored as a 2003 Lawyer of the Year by California Lawyer Magazine. Mr. Pooley is also listed in the Guide to the World's Leading Patent Law Experts. Mr. Pooley is the author of several leading texts and scores of other professional publications in the field of intellectual property. He is a Director and officer of the National Inventors Hall of Fame and of the American Intellectual Property Law Association, where he will become President in 2007. Mr. Pooley teaches as an Adjunct Professor of Law at the University of California’s Boalt Hall School of Law. He is a member of the National Academy of Sciences Committee on Intellectual Property Rights, and of the Northern District of California committee on pattern jury instructions for patent cases. Mr. Pooley conceived and scripted an instructional video for jurors in patent cases which was produced in 2002 by the Federal Judicial Center and is now used in courts throughout the United States. Mr. Pooley graduated from Columbia School of Law as a Harlan Fiske Stone Scholar in 1973, and holds a Bachelor of Arts, with honors, from Lafayette College.

Andrew Thomas is co-chair of the music law group in Davis Wright Tremaine’s Los Angeles office. In the Grokster case, Mr. Thomas is co-counsel to the songwriters and music publishers. His practice covers complex civil litigation in the areas of Intellectual Property, Media and Entertainment Law. Past experiences include the representation of television networks and production companies, motion picture studios, music publishers, photo agencies, advertising agencies, book publishers and other businesses in federal and state litigation involving claims for copyright and trademark infringement, misappropriation of ideas for movies and television programs, false advertising, and violation of the right of publicity. Mr. Thomas also has extensive experience in the representation of newspapers, magazines, and broadcasters in defamation and invasion of privacy suits, in seeking access to court proceedings and obtaining public records, in responding to subpoenas to reporters, in opposing prior restraints, and in providing pre-publication and pre-broadcast review and advice. In 1988, Mr. Thomas graduated Phi Beta Kappa from Stanford University with a B.A. in Economics and Political Science. In 1991, he graduated cum laude from Harvard Law School and went on to clerk for the Hon. Alfred T. Goodwin in the United States Court of Appeals for the Ninth Circuit. Recently he has served as an Adjunct Lecturer in Media Law at USC’s Annenberg School of Journalism.


Nanotechnology: What Law Is Needed for Nanotechnology?

Christine Peterson, Founder and Vice-President, Public Policy, Foresight Institute
Christine Peterson, Foresight Institute, writes, lectures, and briefs the media on coming powerful technologies, especially nanotechnology. She is Founder and Vice President, Public Policy, of Foresight Institute, the leading nanotech public interest group. Foresight educates the public, technical community, and policymakers on nanotechnology and its long-term effects. In 2004 she chaired the 1st Conference on Advanced Nanotechnology: Research, Applications, and Policy. For many years she directed the Foresight Conferences on Molecular Nanotechnology, organized the Foresight Institute Feynman Prizes, and chaired the Foresight Vision Weekends. She lectures on nanotechnology to a wide variety of audiences, focusing on making this complex field understandable, and on clarifying the difference between near-term commercial advances and the "Next Industrial Revolution" arriving in the next few decades. Her work is motivated by a desire to help Earth's environment and traditional human communities avoid harm and instead benefit from expected dramatic advances in technology. This goal of spreading benefits led to an interest in new varieties of intellectual property including open source software, a term she is credited with originating.Wearing her for-profit hat, she serves on the Advisory Board of Alameda Capital. In 1991 she coauthored Unbounding the Future: the Nanotechnology Revolution, which sketches nanotechnology's potential environmental and medical benefits as well as possible abuses. An interest in group process led to coauthoring Leaping the Abyss: Putting Group Genius to Work with Gayle Pergamit. Christine holds a bachelor's degree in chemistry from MIT.

Tom Kalil, Special Assistant to the Chancellor for Science and Technology, UC Berkeley
Thomas Kalil is currently the Special Assistant to the Chancellor for Science and Technology at UC Berkeley. He has been charged with developing major new multi-disciplinary research and education initiatives at the intersection of information technology, nanotechnology, microsystems, and biology. Previously, Mr. Kalil served as the Deputy Assistant to President Clinton for Technology and Economic Policy, and the Deputy Director of the White House National Economic Council. He was the NEC's "point person" on a wide range of technology and telecommunications issues, such as the liberalization of Cold War export controls, the allocation of spectrum for new wireless services, and investments in upgrading America's high-tech workforce. He led a number of White House technology initiatives, such as the National Nanotechnology Initiative, the Next Generation Internet, bridging the digital divide, e-learning, increasing funding for long-term information technology research, making IT more accessible to people with disabilities, and addressing the growing imbalance between support for biomedical research and for the physical sciences and engineering. He was also appointed by President Clinton to serve on the G-8 Digital Opportunity Task Force (dot force). Prior to joining the White House, Tom was a trade specialist at the Washington offices of Dewey Ballantine, where he represented the Semiconductor Industry Association on U.S.-Japan trade issues and technology policy. He also served as the principal staffer to Gordon Moore in his capacity as Chair of the SIA Technology Committee. Tom also serves as a consultant for organizations such as the Semiconductor Industry Association, Internet2, CommerceNet, RAND, and the "Digital Promise" initiative proposed by Newton Minow and Larry Grossman. Tom received a B.A. in political science and international economics from the University of Wisconsin at Madison, and completed graduate work at the Fletcher School of Law and Diplomacy. He is the author of articles and op-eds on S&T policy, nanotechnology, nuclear strategy, U.S.-Japan trade negotiations, U.S.-Japan cooperation in science and technology, the National Information Infrastructure, distributed learning, and electronic commerce.

Norris Alderson, Associate Commissioner for Science, FDA
Norris Alderson received a B.S. in Animal Husbandry from the University of Tennessee and a M.S. and Ph.D. from the University of Kentucky. He joined the FDA in 1971 as a reviewer in the Bureau of Veterinary Medicine (BVM). Beginning in 1980, he held a number of management positions in the BVM research organization culminating in the position of Director, Office of Research, Center for Veterinary Medicine, a position he held from 1988 to 2001. In July 2001, he became Acting Senior Advisor for Science, FDA, and Acting Director, Office of Science Coordination and Communication, responsible for the Office of Good Clinical Practice, the Counter Terrorism Staff, and the Science Coordination and Communication Staff. In May 2002, he was appointed Senior Associate Commissioner for Science, FDA and Director, Office of Science and Health Coordination. In November 2002, the position title was changed to Associate Commissioner for Science. In this position, his responsibilities include the Office of Orphan Products Development, the Office of Women's Health, the Office of Good Clinical Practice, the Science Coordination Staff, and standards coordination. Dr. Alderson retired from the U.S. Army Reserve in 1997 with the rank of Colonel.

Lynn Bergeson, Founder and Shareholder, Bergeson & Campbell
Lynn Bergeson is a founder and shareholder of Bergeson & Campbell, P.C., a Washington, D.C. law firm concentrating on chemical product approval, regulation, litigation, and associated chemical product business issues, and its consulting affiliate, The Acta Group, L.L.C., with offices in Washington, D.C., and Manchester, U.K. Ms. Bergeson serves on the American National Standards Institute Nanotechnology Standards Panel Steering Committee and counsels clients on health and safety and other aspects of nanotechnology, biotechnology, and related emerging transformative technologies. Ms. Bergeson also serves on the Executive Committee of the Environmental Law Institute's (ELI) Board of Directors. She is Chair-Elect of the American Bar Association (ABA) Section of Environment, Energy, and Resources, and serves in other ABA leadership positions. Ms. Bergeson serves on the editorial board of ELI's The Environment Forum, 2003--; Pesticide & Toxic Chemical News, 2002--; EPA Administrative Law Reporter, 1996--; Environmental Quality Management, 2002--; Chemical Processing Magazine, 2002--; and Pollution Engineering, 1990--, among other publications. Ms. Bergeson is a member of The District of Columbia Bar; Bar Association of the District of Columbia; ABA (Section of Environment, Energy, and Resources); Women's Bar Association of the District of Columbia; and the Women's Council on Energy and the Environment. Ms. Bergeson is a graduate of Michigan State University (B.A., magna cum laude), and the Columbus School of Law, Catholic University of America, where she was a member of the Law Review. She is admitted to the bar of the District of Columbia and several federal and D.C. Circuits.

Don Sadowsky, Attorney, Office of General Counsel, U.S. Environmental Protection Agency.
Don Sadowsky has been with EPA for two decades. He advises the Agency on the Toxic Substances Control Act, the Federal Insecticide, Fungicide, and Rodenticide Act, and the Federal Food, Drug and Cosmetic Act, including matters pertaining to new chemicals, chemical testing and guidelines, inert ingredients in pesticides, pesticide tolerances, and confidentiality of business information. He is currently assisting EPA's Office of Pollution, Prevention and Toxics in making the transition to regulation of nanotechnology products. Mr. Sadowsky received a B.S. in Biology from Cornell, an M.S. in Botany from the University of Wisconsin, and a J.D. from the Washington College of Law.

Susan Kovarovics, Foley & Lardner
Susan Kovarovics is a partner at Foley & Lardner LLP where she is a member of the Litigation Department and its White Collar Defense & Corporate Compliance Practice Group. Susan counsels businesses and other organizations regarding compliance with U.S. export controls and trade sanctions. She develops and implements compliance programs, performs export audits, and conducts internal investigations regarding export control and trade sanctions matters. Susan also represents clients in export enforcement matters before the Departments of State, Commerce and Treasury. With a greater enforcement emphasis being placed on illegal exports of technology and consideration being given to what, if any, controls should be placed on nanotechnology, Susan's practice focuses increasingly on providing guidance to clients to assist them in determining what transfers of technology are subject to export controls. She also counsels start-ups and emerging companies regarding the early implementation of an internal controls program for exports of products and technology. Susan has represented companies in a variety of industries from high-tech to heavy industrial businesses, including nanotechnology, pharmaceutical, electronics, oilfield services, and semiconductor companies. She has also counseled both universities and companies regarding compliance with export controls when research is conducted at a university or other research institute. Her work in this area has focused on what technology may be excluded from export controls because it qualifies as fundamental research. She received her undergraduate degree from Drew University and her J.D. from Georgetown University Law Center.


Nanotechnology: Are We in Danger of a Nanotechnology Patent Thicket?

Philip D. Reilly, MacuSight
Philip D. Reilly is currently Director of Legal Affairs at MacuSight, Inc, and was until recently in the Intellectual Property group of Morrison & Foerster's Palo Alto office. Phil Reilly has been involved with intellectual property law since 1995. He has represented primarily materials, pharmaceutical, and drug delivery companies, and at Morrison & Foerster his practice focused on the acquisition and management of intellectual property for such companies and on the commercial use of intellectual property through technology-based transactions. Dr. Reilly has broad patent related experience in the areas of nanotechnology (particularly quantum dots, nanostructured materials, and semiconductor nanostructure fabrication), drug delivery technology, polymer chemistry, and small molecule pharmaceuticals. He is an advisory board member for NanoBioNexus, a San Diego based organization dedicated to facilitating education, partnering and investment opportunities for nanobiotechnology. Dr. Reilly is a frequent presenter on nanotechnology legal issues, and has authored articles on intellectual property and other regulatory issues in nanotechnology and nanobiotechnology. Dr. Reilly obtained his Ph.D. in Chemistry from the University of California, Berkeley, conducted postdoctoral research at the University of Wisconsin, Madison, and obtained his JD from Stanford Law School.

Mark Lemley, Professor of Law, Stanford Law School
Mark Lemley is a Professor of Law and Faculty Scholar at Stanford Law School and the Director of the Stanford Program in Law, Science and Technology. He teaches intellectual property, computer and Internet law, patent law, and antitrust. He is of counsel to the law firm of Keker & Van Nest, where he litigates in the areas of antitrust, intellectual property and computer law. He is the author of six books (all in multiple editions) and 57 articles on these and related subjects, including the two-volume treatise IP and Antitrust. He has taught intellectual property law to federal and state judges at numerous Federal Judicial Center and ABA programs, has testified twice before Congress and three times before the Federal Trade Commission on patent, antitrust and constitutional law matters, and has filed numerous amicus briefs before the U.S. Supreme Court, the California Supreme Court, and the federal circuit courts of appeals. His articles have appeared or will appear in the Yale Law Journal, the Stanford Law Review (three times), the University of Chicago Law Review, the Virginia Law Review, the California Law Review (seven times), the Texas Law Review (twice), the Duke Law Journal, the UCLA Law Review, the Southern California Law Review, the Georgetown Law Journal, the Northwestern University Law Review, the Minnesota Law Review (twice), the Boston University Law Review (twice), the University of Illinois Law Review and the Vanderbilt Law Review, among others, as well as in numerous specialty journals. He has chaired or co-chaired more than two dozen major conferences on antitrust, intellectual property and computer law, including Computers Freedom and Privacy '98, and he was the 1997 Chair of the Association of American Law Schools Section on Law and Computers.

Ted Sabety, Founder and Principal, Sabety & Associates
Ted Sabety founded Sabety +associates, a law and consulting firm in the technology and electronic media fields. His practice ranges from advising technology companies regarding the development, exploitation, and protection of their intellectual property to advising electronic media industry clients on strategic issues regarding digital content distribution. Clients seek his unique combination of technology experience and expertise in intellectual property law, especially in the area of software, materials science, electronics and digital content. Ted Sabety is a registered patent attorney. Ted Sabety frequently speaks and publishes on the issues surrounding technology commercialization, intellectual property protection, and licensing. He recently published the article "Can NNI Funding Agents Set An IP Licensing Policy To Avoid A Nano-patent Thicket?" in the November, 2004 issue of The Nanobusiness Alliance News. He has presented programs at the The Software and Information Industry Association (SIIA), The Licensing Executives Society (LES), The Foresight Institute, and Nanobusiness 2004. His article “Computer Science Concepts in Copyright Cases: The Path to a Coherent Law”, published by the “Harvard Journal of Law & Technology”, was relied upon by Microsoft in their appeal against Sun Microsystems in a dispute over the Java computer language. Prior to launching Sabety +associates, Ted was part of the Corporate Group, Internet, Media and Technology Law at Paul, Weiss, Rifkind, Wharton & Garrison, where, in addition to negotiating a variety of high profile technology transactions, he advised the music publishing industry in the landmark litigation against Napster. Ted received his J.D. from Columbia Law School. Ted has been involved in technology and electronic media since he joined Hewlett-Packard as an Integrated Circuit Design Engineer after receiving a BS in Physics from Yale University. He was also Chief Engineer for the DARPA funded Non-Von Supercomputer project at Columbia University where he received his M.S. in Computer Science.

Wolfram Förster, European Patent Office
Wolfram Förster holds an MSc in phytochemistry from the University of California, Irvine and a PhD in pharmaceutical sciences (Pharmacy) from the University of Heidelberg. In 1986 he joined the EPO in The Hague. After 4 years of searching patent applications in organic and pharmaceutical chemistry, he worked in Munich as a substantive examiner in the field of second medical applications. From 1991 on he was actively involved in setting up a harmonised online search training for examiners in Munich. From 1999 to February 2003 he was in charge of a directorate working mainly in the field of second medical applications. In addition he was actively driving the internal communication process in the examiners directorate. Until June 2004 he has been Principal Director and put in charge of five technical areas in Munich, The Hague and Berlin, including Biotechnology. The President of the EPO, Mr Pompidou, asked him to take over the Controlling Office as from 1st of July 2004.

R. Stanley Williams, Hewlett-Packard Laboratories
R. Stanley Williams is an HP Senior Fellow at Hewlett-Packard Laboratories and founding Director (since 1995) of the HP Quantum Science Research (QSR) group. The QSR was established to prepare HP for the major challenges and opportunities ahead in electronic and photonic circuit technologies as features continue to shrink to the nanometer size scale, where quantum mechanics dominates. He received a B.A. degree in Chemical Physics in 1974 from Rice University and his Ph.D. in Physical Chemistry from U. C. Berkeley in 1978. He was a Member of Technical Staff at AT&T Bell Labs from 1978-80 and a faculty member (Assistant, Associate and Full Professor) of the Chemistry Department at UCLA from 1980 - 1995. He is currently Adjunct Professor of Chemistry at UCLA and of Computer Science at the University of North Carolina at Chapel Hill. His primary scientific research during the past thirty years has been in the areas of solid-state chemistry and physics, and their applications to technology. This has evolved into the areas of nanostructures and chemically-assembled materials, with an emphasis on the thermodynamics of size and shape. Most recently, he has examined the fundamental limits of information and computing, which has led to his current research in molecular electronics. He has received awards for scientific and academic achievement, including the 2000 Julius Springer Award for Applied Physics, the 2000 Feynman Prize in Nanotechnology, the Dreyfus Teacher-Scholar Award and the Sloan Foundation Fellowship. He was named to the inaugural Scientific American 50 Top Technology leaders in 2002, and the molecular electronics program he leads was named the Technology of the Year for 2002 by Industry Week magazine. He was a co-organizer and co-editor of the workshop and book "Vision for Nanotechnology in the 21st Century", respectively, that led to the establishment of the U. S. National Nanotechnology Initiative. He has been awarded 22 US patents with 40 more pending, has published over 230 papers in reviewed scientific journals, and has written general articles for technical and business publications. One of his patents was named as one of five that will "transform business and technology" by MIT's Technology Review in 2000. He has presented numerous plenary and invited lectures, including the 2002 Dudley Wright Lecture in Geneva, Switzerland, the 2003 Joseph Franklin lecture at Rice University, the 2004 Peter Debye Lectures at Cornell University, and the 2004 Herman Bloch Lecture at the University of Chicago.

Dan Colbert, NGEN
Dr. Colbert is Chief Technical Officer and a Principal of NGEN. Prior to joining NGEN, Dr. Colbert co-founded Carbon Nanotechnologies, Inc. in 2000, the leading producer of single-wall carbon nanotubes, a remarkable material prominent in the burgeoning field of nanotechnology. CNI was founded as a combined effort with Nobel Laureate Professor Rick Smalley to commercialize technology developed together at Rice University over the preceding years. Dr. Colbert was also a member of the chemistry faculty at Rice University where he earned an international reputation as leader in the nanotechnology field for his pioneering work. He's co-author of more than 50 research papers and inventor on more 50 patents. At CNI, Dr. Colbert was Vice President for Major Development Strategies where he negotiated funding and joint development agreements and was responsible for all Asian business development. Dr. Colbert earned his B.A. in Chemistry from Cornell University and his Ph.D. in Physical Chemistry from the University of Wisconsin-Madison. His postdoctoral work focused on quantum reactive scattering theory at the University of California-Berkeley.


Nanotechnology: What Are the Social and Ethical Implications of Nanotechnology

Christine Peterson, Foresight Institute
Christine Peterson, Foresight Institute, writes, lectures, and briefs the media on coming powerful technologies, especially nanotechnology. She is Founder and Vice President, Public Policy, of Foresight Institute, the leading nanotech public interest group. Foresight educates the public, technical community, and policymakers on nanotechnology and its long-term effects. In 2004 she chaired the 1st Conference on Advanced Nanotechnology: Research, Applications, and Policy. For many years she directed the Foresight Conferences on Molecular Nanotechnology, organized the Foresight Institute Feynman Prizes, and chaired the Foresight Vision Weekends. She lectures on nanotechnology to a wide variety of audiences, focusing on making this complex field understandable, and on clarifying the difference between near-term commercial advances and the "Next Industrial Revolution" arriving in the next few decades. Her work is motivated by a desire to help Earth's environment and traditional human communities avoid harm and instead benefit from expected dramatic advances in technology. This goal of spreading benefits led to an interest in new varieties of intellectual property including open source software, a term she is credited with originating.Wearing her for-profit hat, she serves on the Advisory Board of Alameda Capital. In 1991 she coauthored Unbounding the Future: the Nanotechnology Revolution, which sketches nanotechnology's potential environmental and medical benefits as well as possible abuses. An interest in group process led to coauthoring Leaping the Abyss: Putting Group Genius to Work with Gayle Pergamit. Christine holds a bachelor's degree in chemistry from MIT.

Neal Bhadkamkar
is the managing director of Monitor Ventures, a funding group for start up technology firms and an arm of Monitor Group.

Hank Greely is a Professor at Stanford Law School and Director of the Stanford Center for Law and the Biosciences.


Nanotechnology: What Nanotech Developments Are on the Immediate Horizon?

Ruben Serrato, Nanotechnology Law & Business
Ruben Serrato is Managing Editor of Nanotechnology Law & Business, an academic peer-reviewed publication devoted to exploring the legal, business, and policy aspects of nanotechnology development. He has authored several articles on development issues in nanotechnology and co-wrote The Handbook of Nanotechnology Business, Policy and Law, the first book to explore business and regulatory issues facing nanotech startups. Ruben is also Canon USA's Limited Partner representative in NGEN Partners, a venture capital fund focused on nanotechnology and new materials investments. In this capacity, Ruben helped to conceive and launch Canon's first U.S. nanotechnology venture, Canon U.S. Life Sciences. Ruben's background includes extensive strategy and finance work for Lehman Brothers and Liberty Media. He graduated with degrees in economics and political science from Stanford University.

Mike McGehee, Stanford MSE
Michael McGehee (Stanford MSE) Michael McGehee received a PhD in 1999 from the University of California at Santa Barbara for his research accomplishments in Alan Heeger’s research group on the use of semiconducting conjugated polymers as materials for lasers and energy transfer from polymers to rare-earth complexes. After graduating, he studied co-assembly of block-copolymer/metal-oxide nanostructures in the research group of Galen Stucky. In the spring of 2000 he came to Stanford University to become an assistant professor in the Materials Science and Engineering Department. His research group studies the electrical and optical properties of conjugated polymers and makes photovoltaic cells, light-emitting diodes and transistors. He has taught a graduate level course on nanotechnology for five years.

Jim Hurd, Nanoscience Exchange
Jim Hurd is the Director of the NanoScience Exchange, a "Think & Do" Tank, which is based in San Francisco, California. The NanoScience Exchange, which Jim founded in early 2002, facilitates action between the six stakeholders of nanotech - start-ups, corporations, government agencies, national labs, universities and investors. The organization puts on regular events in Silicon Valley and Washington, D.C. - on topics such as "Applications to Combat Biological and Chemical Weapons" and "Renewable Energy Applications Changing the U.S. Landscape, " "Navigating the Funding Maze in Washington, DC" "Who Got! Venture Funding in 2003?" and "Nano Materials: Real Revenues Today and Impact on US Economy in '03 and '04". Jim also heads the consulting firm, Molecular Business, which assists nanotech start-ups in building strategic alliances and assists in putting rounds of investment together. Companies Jim has consulted for include Quantum Polymer, Inmat, Optiva, Apollo Diamond, Biophan and others. Jim grew up in Washington, DC and graduated from George Washington University.

David Smolen, Givran Ventures
David Smolen is President & C.E.O. of Girvan Ventures, Inc., the investment arm of the Girvan Institute of Technology (www.girvan.org). Girvan Ventures places private equity in small to midsize high-growth companies globally. The Girvan Institute of Technology was originally funded by NASA and the United States Departments of Energy and Defense to commercialize government-developed technology and to identify technology for use in NASA's mission. Prior to Girvan Ventures, David co-founded Latinvalley, Inc., a technology-focused ve! nture capital and private equity firm that invests in Latin America. Between 1997 and 2000, David was an associate with the New York law firm of Sullivan & Cromwell, practicing in the securities group. Previously, he was a law clerk to the Honorable Richard F. Suhrheinrich on the U.S. Court of Appeals for the Sixth Circuit. David is a graduate of Stanford University in law (JD, 1996), political science (MA, 1996) and international relations (BA, 1988). Prior to graduate school, David spent nearly four years in the Dominican Republic, where he was a Peace Corps volunteer working as a community organizer on a sugar cane plantation and a trainer of Peace Corps volunteers in Santo Domingo. David is a past Chair of the Stanford Law Society of New York, and he serves on the Stanford Law School Board of Visitors. David is a recipient of the Stanford Associates Award for volunteer service to Stanford University, and he is a member of the New York Bar Association.

Alexei Andreev
, Harris & Harris Group
Alexei A. Andreev is an Executive Vice President and a Managing Director of Harris & Harris Group. Harris & Harris Group is a publicly traded venture capital company that now makes initial investments exclusively in tiny technology, including nanotechnology, microsystems and microelectromechanical systems (MEMS). Prior to joining Harris & Harris, Mr. Andreev was an Associate with Draper Fisher Jurvetson. Prior to joining Draper Fisher Jurvetson, Mr. Andreev worked for TLcom Capital Partners, a London-based venture capital fund. In addition, he previously was an Associate with Renaissance Capital Group/Sputnik Funds, a large private equity venture capital fund in Moscow. He was also a researcher at the Centre of Nanotechnology, Isan, in Troitsk, Russia, at the Laboratory of Nanophysics. Mr. Andreev received his Ph.D. degree from the Moscow Steel and Alloys Institute. He also received an M.B.A. from the Stanford Graduate School of Business, and a B.S. with honors in Engineering/Material Sciences from the Moscow Steel and Alloys Institute. He was the recipient of the Scholarship for the Most Promising Young Scientist from the Russian Academy of Sciences, the State Scientific Scholarship for Outstanding Young Scientists, the Scholarship from the International Center of Fundamental Physics and the Soros Science Foundation Graduate Scholarship.

Jack Berg, Transfer Devices
Jack Berg is COO of Transfer Devices, a nano-imprint lithography company, based on technology developed at Stanford University. Prior to TDI, he was VP of Product Development at Nantero, where he was part of the team that was instrumental in getting carbon nanotubes from lab to fab. Prior to Nantero, Jack was managing director of the Programmable Logic business unit at Cypress Semiconductor, Vice President of Technology Development at Zilog, and Director of R&D at Standard Microsystems Corporation. Jack has an undergraduate degree in physics from MIT and a M.S. in Management from Stanford University, where he was a Sloan Fellow. Jack is a member of the IEEE, Sigma Xi, the IEEE SF Nanotechnology Council, and a member of the Steering Committee for the MIT-Stanford-UC Berkeley Nanotechnology Forum. He has co-authored four technical articles and has co-authored 15 patents.


eDemocracy: The Role of Blogs and Online Activitists in 2004

Joe Gandelman
Joe Gandelman writes www.themoderatevoice.com a quickly growing centrist blog he started in January 2004 after spending many years as a freelance writer overseas and fulltime reporter on the staffs of two newspapers -- and as a professional ventriloquist. Gandelman has worked as a journalist for the West Haven City News, the Hindustan Times in New Delhi, India, the Chicago Daily News, the Wichita Eagle-Beacon, the San Diego Union-Tribune, and the Christian Science Monitor. His work has appeared on National Public Radio's All Things Considered, and in the Argus South African Newspapers, Baltimore Sun, Miami Herald, Winnipeg (Canada) Free Press, Sydney Morning Herald (Australia), Aftenposten (Norway), and Haartez (Israel), among others. Gandelman received a B.A in Political Science from Colgate University and a Masters in Journalism from Northwestern University. He has performed nationally as a ventriloquist and is included in the nationally distributed The Great Ventriloquists trading cards.

Aaron Swartz, Director of Technology, Roosevelt Institution
Aaron Swartz is a teenage writer and programmer. He co-authored the RSS 1.0 specification, now used by tens of thousands of websites to notify their readers of updates, and worked as metadata advisor to Creative Commons. In 2004 he began researching the influence of right-wing think tanks on politics and the media. His findings and other comments on law, politics, and technology are posted to his widely-read weblog. He is presently Director of Technology for the Roosevelt Institution, a student think tank with branches at college campuses across the country.

Mike Krempasky
Mike Krempasky is the Political Director at American Target Advertising, a Virginia firm run by Richard Viguerie, the conservative strategist widely credited with inventing political direct mail and helping Ronald Reagan and numerous other Republicans get elected. He helps to build technology solutions for political and charitable clients as well as working with public policy groups to start and use blogging as an effective communication tool. He has helped to train conservative grassroots activists across the country as a part of the Leadership Institute (1999-2003). And more recently, he helped to co-found RedState.org - a conservative collaborative weblog that has transformed it into a 527 organization. Mike launched and continues to maintain the following blogs: Rathergate.com: Helped galvanize the public criticism of Dan Rather in the wake of the now-discredited 60 Minutes report on President Bush's National Guard records. The site generated 3.1 million emails to CBS affiliates around the country in seven days. NotSpecter.com: A weblog focused on denying Arlen Specter the chair of the Senate Judiciary Committee. ConfirmThem.com: A collaborative weblog covering judicial nominations, including tools for activists to communicate with Congress. PaveFrance.com: Just for fun, a site dedicated to the notion that France would better serve the world as satellite parking for the British.

Dave Kopel, Independence Institute
Dave Kopel is Research Director of the Independence Institute, a think tank in Golden, Colorado. He is also an Associate Policy Analyst with the Cato Institute, and he writes a bi-weekly "On the Media" column for the Rocky Mountain News. Kopel graduated magna cum laude from the University of Michigan Law School, and with Highest Honors from Brown University. In 1998-99, he served as an Adjunct Professor of Law at NYU Law School. Kopel is author of 10 books, including Antitrust After Microsoft. He has written over three dozen journal articles on issues including constitutional law, the media, the environment, and criminal justice. He is also a regular contributor to the Volokh Conspiracy weblog. His own website is www.davekopel.org.




eDemocracy: Out with the Hanging Chad, in with the Black Box

David L. Dill, Professor of Computer Science, Stanford University
David L. Dill is a Professor of Computer Science at Stanford University, where he has been on the faculty since 1987. His primary research interest is formal verification of systems, the goal of which is to find design errors in systems, or prove that they are correct. Prof. Dill is the author of the "Resolution on Electronic Voting", which has been endorsed by many computer technologist as well as political scientists, lawyers, and other individuals. He served on the California Secretary of State's Ad Hoc Committee on Touch Screen Voting, he is on the IEEE P1583 voting standards committee, and is a member of the DRE Citizen's Oversight Committee for Santa Clara County, California. He received the Electronic Frontier Foundation's "Pioneer Award" in 2004 for his work on electronic voting. He is the founder of VerifiedVoting.org and the Verified Voting Foundation, non-profit organizations that champion reliable and publicly verifiable elections in the United States. He is also a member of the National Committee for Voting Integrity (www.votingintegrity.org).

Ann Brick, Staff Attorney, American Civil Liberties Union Foundation of Northern California
Ann Brick has served as a staff attorney for the American Civil Liberties Union Foundation of Northern California since January, 1991. Prior to that she was a partner at the San Francisco law firm of Howard, Rice, Nemerovski, Canady, Falk and Rabkin. Brick's First Amendment work at the ACLU focuses in large part on free speech issues, with an emphasis on rights of free expression on the Internet. Closely related to this work is her work on privacy issues, particularly as they relate to privacy and technology. Ms. Brick received her J.D. degree from Boalt Hall (University of California at Berkeley) where she was an editor of the California Law Review and a member of the Order of the Coif. Upon graduation from law school, Ms. Brick served as a law clerk to Judge Alfonso J. Zirpoli of the United States District Court for the Northern District of California. She serves as a volunteer Early Neutral Evaluator in the Alternative Dispute Resolution Program of the United States District Court for the Northern District of California and is a Fellow of the American Bar Foundation.

Jospeh Lorenzo Hall, PhD Student, School of Information Management and Systems, UC Berkeley
Joseph Lorenzo Hall is a PhD student at the School of Information Management and Systems (SIMS) at the University of California at Berkeley (UCB). His disciplinary background is from technical science and he holds a merged physics and astrophysics bachelor's degree from Northern Arizona University and a master's degree in astrophysics from UCB. His current research, under advisement from Pam Samuelson and Deirdre Mulligan, lies in the area of science and technology policy. Joe's current projects involve issues with incorporating high technology into government business including standards, transparency and organizational analysis.

Matt Zimmerman, Electronic Frontier Foundation
Matt Zimmerman is a Staff Attorney specializing in electronic voting issues. For the 2004 election, he coordinated a team of nationwide legal volunteers who responded to election-day problems with e-voting technology for the non-partisan Election Protection Coalition. He currently heads EFF's efforts to draft model e-voting legislation and push for regulatory reform, coordinate nationwide e-voting litigation and amicus support, and evaluate emerging voting technology. He is also actively involved in e-voting-related grassroots development and public education efforts. Prior to joining EFF, Matt was Privacy Fellow at the public interest law firm The First Amendment Project where he specialized in privacy and open government issues. Prior to working at The First Amendment Project, Matt worked at the international law firm Morrison & Foerster LLP where he focused on commercial litigation matters, including patent and technology licensing disputes.


eDemocracy: When Goverment Goes Online

David Friedman, Professor, Santa Clara University
David Friedman is a Professor of Law at Santa Clara University, where he has been on the faculty since 1995. His current areas of research interest are cyberlaw and ancient legal systems. Professor Friedman has written and co-authored a large number of books and articles on topics ranging from Thomas Aquinas to the economics of warfare. He has taught economics at the Virginia Polytechnic Institute and UC Irvine as well as law at Cornell University and the University of Chicago, where he was a John M. Olin Faculty Fellow. He holds his M.S. and Ph.D. in Physics from the University of Chicago.

Chris Nolan
Chris Nolan's work is well known to tech-savvy and politically astute readers. Nolan's weekly syndicated column, "Talk is Cheap" appeared weekly in The New York Post, Upside, Wired.com beginning in 1999. Debuting in 1997 at the beginnings of the Internet stock boom, the column covered a wide variety of topics and was well regarded for its humor, insight and news value. She has consistently led her peers in breaking important stories. Her reporting on Silicon Valley banker Frank Quattrone was the first to uncover the now infamous "friend of Frank" accounts and led, eventually, to Quattrone's conviction on obstruction of justice charges. In addition to her current daily writing at PFL2R and eWeek, Nolan's work has appeared in The Washington Post, The New Republic, Fortune, Business 2.0 and Conde Nast Traveler. She has spoken frequently on the impact of stand-alone journalism - a phrase she has coined to describe the work that experienced and professional journalist are doing on the web -- on politics and journalism. In addition to her editorial and other duties at Politics From Left to Right, Chris Nolan is currently a political columnist for eWeek.com, the hugely popular tech site. Before moving to San Francisco, Nolan, who has more than 20 years of reporting experience, worked in Washington, D.C. for a series of television trade magazines. She hold a B.A. degree from Barnard College, Columbia University.

Josh Trevino, Tacitus (www.tacitus.org)
Joshua Treviño has been politically active since November 2001, and blogging since January 2002. His first blog, i330.org, lasted through October 2002, the same month he started tacitus.org. Tacitus.org was selected as a Best Warblog by Forbes in April 2003. In July 2004, he co-founded redstate.org. He was in the inaugural group of bloggers at both the Republican National Convention and the Conservative Political Action Conference, and continues to be an active observer of the interplay between government, politics and the internet. Joshua Treviño has several years¹ experience in global health and health-related issues. He has traveled to three continents in support of those missions, including service as in-country coordinator for the Secretary of Health and Human Services in Kigali, Rwanda, in November 2003, and in Amman, Jordan, in February 2004. As a global health consultant in his present position, he has identified hey opportunities in multiple cases; performed work on behalf of the Global Fund to Fight AIDS, Tuberculosis and Malaria, and the World Health Organization; and developed and led a tsunami response working group in January 2005. He has experience as a United States Army officer, and has traveled to approximately thirty countries in Asia, Europe, Africa and Latin America.

Hank Dempsey
Hank Dempsey is a law student at the Boalt Hall School of Law (UC Berkeley). Prior to entering law school, he served as Senior Consultant to the Assembly Committee on Business and Professions, with responsibility for issues including electronic and information privacy. In the 2003-04 legislative session, Mr. Dempsey analyzed a number of privacy proposals for the Committee, including bills to create a state information technology infrastructure and to restrict profiling of commercial email. His work included mediating the discussions that produced SB 1436 (Murray), California's landmark legislation to restrict spyware. Mr. Dempsey holds a Masters Degree in Public Policy from the Goldman School of Public Policy and a bachelor's degree in political science, both from UC Berkeley.

Armando Llorens
Armando Llorens is a Guest Blogger for dailykos.com. He is an attorney who specializes in Intellectual Property and Media issues with the Puerto Rico firm McConnell Valdés. Mr. Llorens recieved his B.A. from Brown University and his J.D. from Columbia.


International IP: International Adoption of Free and Open Source Software and Its Implications for Worldwide Business


Chris Nadan, Associate General Counsel, Sun Microsystems
Chris Nadan is an Associate General Counsel and Director for Sun Microsystems, Inc. He heads the legal group responsible for supporting all Sun software. In addition, Mr. Nadan is an adjunct professor of law at the University of California Boalt Hall School of Law where he teaches a course on intellectual property transactions. Mr. Nadan is also a frequent speaker to industry groups, including the Open Source Development Labs (home to Linus Torvalds) and the Computer Law Association (simulcast to 21 cities in 7 countries), and has authored a number of published articles, including “Open Source Licensing, Virus or Virtue?” (10 Texas I.P.Law Journal 349 (2002)). Before joining Sun, Mr. Nadan was an intellectual property attorney at Farella, Braun & Martel in San Francisco where his practice included IP litigation and client counseling for high technology companies. Mr. Nadan received his undergraduate degree from Stanford University and his J.D. from Boalt Hall School of Law.

Yar Chaikovsky, Partner, Weil, Gotschal & Manges
Yar Chaikovsky was formerly Director of Intellectual Property at Zaplet, Inc., an enterprise software company funded by Kleiner, Perkins, Caufield & Byers. Immediately after working for Zaplet, he joined Weil, Gotshal & Manges LLP as Counsel in the IP Counseling Group. He is now a partner at the Redwood Shores office of Weil, Gotshal & Manges LLP. Mr. Chaikovsky has also served as Chief Patent Counsel for Yahoo! He specializes in providing legal advice to various companies involved in a wide range of technologies, with a particular expertise in patent, trade secret, copyright, Internet and corporate legal matters. Mr. Chaikovsky has extensive experience in counseling technology companies and exploiting and managing their intellectual property assets, litigation and dispute resolution, negotiating technological relationships and commercial transactions, developing licensing and acquisition programs, and creating worldwide intellectual property portfolios. Mr. Chaikovsky is registered to practice before the Patent and Trademark Office. He is a member of the American Intellectual Property Law Association (Patent and Trade Secret Law Committees); American Bar Association (Sections of Intellectual Property and Litigation); and California State Bar (Intellectual Property and Litigation Sections). He is admitted to practice in all California state courts; the United States District Courts, Central and Northern District of California and District of Colorado; and the United States Courts of Appeals, Ninth Circuit and Federal Circuit. Mr. Chaikovsky graduated from the University of Southern California with a B.S. in Computer Science, magna cum laude, and received the University's highest scholarship honor, a Trustees' Scholarship. He received his J.D. from UCLA Law School while obtaining the Wheat Scholarship and Murray Fellowship.

Stephen Mutkoski, Microsoft
Stephen Mutkoski is an attorney in the Law and Corporate Affairs Department of Microsoft where he specializes in copyright, trade secrets, and open source software. Prior to joining Microsoft, Mr. Mutkoski worked in the intellectual property sections of Preston Gates & Ellis, and Latham & Watkins. Mr. Mutkoski has written numerous articles and participated in panel discussions on open source software. Mr. Mutkoski received his BA from Cornell University and 1991 and his JD from Cornell University in 1997.

Stephen Johnson, Kirkland & Ellis
Stephen Johnson focuses his personal practice on domestic and international transactions where intellectual property rights are important, such as joint ventures, product development agreements and licenses, outsourcing and finance and corporate matters where technology or marketing rights are involved. He has significant experience in managing intellectual property litigation and in counseling on a broad range of antitrust issues, particularly those surrounding intellectual property and collaborations between competitors. He is active in the computer, information technology, Internet, and pharmaceutical and biotech fields, and is listed in Euromoney's "Guide to the World's Leading Patent Law Experts" and "Guide to the World's Leading Trademark Lawyers." His experience ranges from working with financial institutions, Fortune 100 life science and technology companies to rapidly growing software and biotech companies. Mr. Johnson received a B.A. in Genetics from Cambridge University in 1978 and attended the College of Law in London where he graduated in 1990. In 1984 he received his J.D. from IIT/Chicago-Kent College of Law and in 1994 he received an Honorary M.A. from Cambridge University.


International IP: Who Should Be Responsible for Top-Level-Domain Governance?

Christine Jones, The Go Daddy Group, Inc.
Christine N. Jones is general counsel for The Go Daddy Group, Inc. She is responsible for all legal affairs off The Go Daddy Group, as well as the compliance, spam and abuse, domain services, and legal departments. The Go Daddy Group of companies includes Go Daddy Software, Inc., the number one registrar of Internet domain names and a leading provider of Internet hosting services and online presence products. Jones' previous legal practice focused on complex commercial litigation, including accounting and professional malpractice. Jones also worked for the Los Angeles County District Attorney's office prior to entering private practice. Prior to entering the legal profession, she practiced accounting at several large retail and commercial banks. Jones holds a Bachelor of Science degree in Accounting from Auburn University, a Juris Doctor from Whittier Law School, and is a Certified Public Accountant.

David Franlyn, University of San Francisco School of Law
David Franklyn received his B.A.(1983) magna cum laude from Evangel College and his J. D. (1990) cum laude from the University of Michigan, where he was a member of the Order of the Coif. Upon graduation, he clerked for the Honorable John Feikens of the United States District Court of Eastern Michigan. He spent five years in private practice as a litigator for Mayer, Brown & Platt in Chicago. In 1996, he joined the law faculty at Northern Kentucky University and received the Outstanding Professor of the Year Award (98-99). He has authored several articles on trademark and liability issues and is director of the McCarthy Institute at USF. Professor Franklyn teaches Intellectual Property, International Intellectual Property, and Constitutional Law at the University of San Francisco School of Law.

Neil Smith, Howard Rice Nemerovski Canady Falk & Rabkin
Neil Smith is a member of Howard Rice Nemerovski Canady Falk & Rabkin where his practice includes litigation and counseling in trademark, patent, copyright and unfair competition matters. He has represented a broad range of high-technology, corporate, software, and traditional brick-and-mortar businesses in publishing, multi-media and consumer product businesses, and is a frequent speaker and author on Internet and intellectual property subjects. Mr. Smith was named "Litigator of the Year, 1999" by Managing Intellectual Property and was the first recipient of the Joseph Rossman Award from the Patent and Trademark Office Society. He is also named in The Best Lawyers in America, Guide to the World's Leading Experts in Trademark Law, Guide to the World's Leading Experts in Patent Law, Who's Who of Internet and Electronic Commerce Lawyers, and the "Guide to the Leading United States Litigation Lawyers" in the fields of patent law, technology, media and telecommunications, and trademark. Mr. Smith received a B.S. in Physical Sciences from Columbia College in 1965, a B.S. in Mechanical Engineering from Columbia in 1966, a J.D. from Columbia Law School in 1969, and an L.L.M. in Patent and Trade Regulation Law from George Washington Law School in 1973.

Scott Donahey, Tomlinson Zisko LLP
Scott Donahey is a member of Tomlinson Zisko LLP in Palo Alto, California, and arbitrates and mediates technology and intellectual property disputes. Mr. Donahey decided the first domain name case under the Uniform Domain Name Dispute Resolution Policy (the “UDRP”), World Wrestling Federation v. Bosman, WIPO Case No. D99-0001, and has since decided more than 150 domain name cases. Mr. Donahey is a member of the domain name panels of the following dispute resolution providers either certified by ICANN or by the Country Code Top Level Domain operators for .cn, .hk, and .us: the World Intellectual Property Organization, the CPR Institute for Dispute Resolution, the Asian Domain Name Dispute Resolution Centre, the Hong Kong International Arbitration Centre, the American Arbitration Association, and the China Internet Network Information Center. He has written and spoken extensively on the subjects of the Internet, domain names and alternative dispute resolution. Mr. Donahey was the panelist representative for the CPR Institute for Dispute Resolution to the ICANN Task Force on the UDRP and was nominated to the ICANN Independent Review Panel. He has authored numerous articles on ICANN, the UDRP, and the law of the Internet. Mr. Donahey is Adjunct Professor at the Golden Gate University School of Law and Santa Clara University School of Law, where he teaches Law & Technology and International Dispute Resolution. Mr. Donahey has a B.A. from Stanford University, an M.A. from the John Hopkins University, and a J.D. from the Santa Clara University School of Law.