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Appendix C Committee Members William J. Raduchel, Chair, is an independent director, angel investor, and strategic advisor. He is the non-executive Chairman of the Board of Directors of Opera Software ASA and is a director of ePals, Live Intent, MokaFive, and Virident, all private companies. He is also a director of two public companies—Blackboard, Inc. and Silicon Image. Dr. Raduchel is a strategic advisor to Daily Mail and General Trust PLC, a leading U.K. media company, and to Naspers, Ltd. He teaches corporate strategy at the McDonough School of Business, Georgetown University, and is a strategic advisor to Myriad International Holdings, Trion World Network and vMark. After receiving his B.A. in economics from Michigan State University in 1966, and his A.M. (1968) and Ph.D. (1972) degrees in eco- nomics at Harvard, he taught economics, econometrics, and public policy at Harvard. He also served as Assistant Dean of Admissions and Financial Aid for Harvard and Radcliffe Colleges. In the late 1980s, he joined Sun Microsystems, Inc. where he served as Chief Information Officer, Chief Financial Officer, Acting Vice President of Human Resources, and Vice President of Corporate Planning and Development. He also managed relationships with the major Japanese partners. After spending 11 years at Sun Microsystems, Dr. Raduchel joined AOL and served as strategic advisor, Executive Vice President, and Chief Technology Officer. In 2001, Infoworld named him CTO of the year. He was recognized separately as CIO of the year and as best CFO in the computer industry. Dr. Raduchel left AOL in 2002. From March 2004 through June 2006, he was CEO and Chairman of the Board of Ruckus Network, a digital entertainment net- 77

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78 APPENDIX C work for students at colleges and universities. Dr. Raduchel is a member of the Conference of Business Economists and the Board on Science, Tech- nology, and Economic Policy of the National Academies. He was also a member of the National Academies’ Committee on Internet Navigation and Domain Name Services and the STEP committee which produced A Patent System for the 21st Century. He has several issued and pending patents. Peter S. Menell, Vice Chair, is Robert L. Bridges Professor of Law at the University of California at Berkeley School of Law. He is one of the U.S. Patent and Trademark Office’s inaugural Thomas Alva Edison Visiting Professionals, where he serves as an expert advisor. After graduating from law school, he clerked for the Honorable Jon O. Newman of the U.S. Court of Appeals for the Second Circuit. Dr. Menell joined the law faculty at the University of California at Berkeley in 1990, where his research and teach- ing have focused on intellectual property and the digital technology and entertainment industries, as well as environmental law, property law, and law and economics. In 1995, he co-founded the Berkeley Center for Law and Technology where he serves as a director. He has written more than 50 articles and numerous books, including Intellectual Property in the New Technological Age (with R. Merges and M. Lemley, now in its 6th edition) and Software and Internet Law (with M. Lemley, R. Merges, P. Samuelson, and B. Carver, now in its 4th edition). Dr. Menell has co-authored numer- ous articles on copyright law with David Nimmer and has contributed to Nimmer on Copyright, a leading treatise. He has organized more than 40 intellectual property education programs for the Federal Judicial Center since 1998. Dr. Menell founded and supervises the Annual Review of Law and Technology (now in its 16th year, published by the Berkeley Technol- ogy Law Journal). He has advised the U.S. Congress, federal agencies, state attorney generals, and major technology and entertainment com- panies on a wide range of intellectual property, licensing, and antitrust matters. Dr. Menell earned his S.B. from the Massachusetts Institute of Technology, his M.A. and Ph.D. in economics from Stanford University, and J.D. from Harvard Law School. Michael A. Keller is the Ida M. Green University Librarian, Director of Academic Information Resources, Founder and Publisher of HighWire Press, and Publisher of the Stanford University Press. As University Librarian, he champions deep collecting of traditional library materials (especially of manuscript and archival materials) concurrent with full engagement in emerging information technologies. Uniquely, Mr. Keller’s responsibilities at Stanford encompass libraries, cybraries, academic and residential computing, publishing, and publishing services. Long involved in the great debate on serials pricing, especially in the arenas of

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APPENDIX C 79 science, technology, and medicine, he has served as advisor, consultant, and committee member to the American Association for the Advancement of Science and many other scholarly societies. Based on the successful HighWire model, Mr. Keller is now fostering development of additional information tools and services for the scholarly community. He speaks at about thirty professional, high-technology, and scholarly gatherings around the world every year on topics ranging from librarianship, musi- cology, information topography, to national and global information policy. Mr. Keller’s board service includes Hamilton College, Long Now Foun- dation, Japan’s National Institute for Informatics, the National Library of China, Biblioteca Alexandrina, The Council on Library and Information Resources, SIPX Inc., and Mondobiotech AG. Keller is a guest professor at the Chinese Academy of Sciences, has been Senior Presidential Fellow of the Council on Library and Information Resources, in 2008 was elected a Fellow of the American Association for the Advancement of Science, and in 2010 was elected Fellow of the American Academy of Arts and Sciences. Mr. Keller was educated at Hamilton College (B.A. Biology and Music, 1967), SUNY Buffalo (M.A. Musicology, 1970), and SUNY Geneseo (MLS, 1971). From 1973 to 1981, Mr. Keller served as Music Librarian and Senior Lecturer in Musicology at Cornell University and then in a similar capacity at University of California at Berkeley. While at Berkeley, he also taught musicology at Stanford University and began the complete revision of the definitive Music Research and Reference Materials. Yale called him to the post of Associate University Librarian and Director of Collection Development in 1986. Christopher M. Kelly is a Silicon Valley-based attorney with a long track record of representing innovative companies and helping make the Inter- net a safer place for children and adults alike. Most recently, Mr. Kelly was a Democratic candidate for Attorney General of California, finishing second in a field of seven in the June 2010 primary election. Previously, as the first Chief Privacy Officer, and Head of Global Public policy for Facebook, he worked with attorneys general in all 50 states to develop safeguards protecting children from sexual predators and represented the company in complex situations involving privacy and intellectual property in the digital age. As a policy advisor for President Clinton’s 1992 campaign and then his White House Domestic Policy Council and Department of Education, Mr. Kelly advanced critical domestic programs, including the successful initiative to put 100,000 new community police officers on America’s streets and the formation of AmeriCorps, a network of national service programs that engage Americans to improve educa- tion, public safety, health, and the environment. In 1997, he returned to California to clerk for federal Judge Barry Moskowitz of the United States District Court in San Diego. He assisted on a range of criminal and civil

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80 COPYRIGHT IN THE DIGITAL ERA cases, including drug smuggling, immigration, and money laundering. In 1998, he returned to his boyhood home in Silicon Valley to practice law. Among other clients, Mr. Kelly represented Netscape in the Microsoft antitrust case and Diamond Multimedia in the groundbreaking suit over the MP3 player that furthered personal use rights over digital content. He received his undergraduate degree from Georgetown University, a mas- ter’s degree in political theory from Yale University, and his law degree from Harvard University. Ruth Okediji is the William L. Prosser Professor of Law at the Univer- sity of Minnesota Law School where she teaches contracts, copyright, trademarks, patents, and global aspects of intellectual property law. After visiting at the University of Minnesota in 2001, Dr. Okediji joined the Min- nesota faculty in the 2002-2003 academic year. She served on the faculty at the University of Oklahoma College of Law from 1994 to 2002, where she held the Edith Kinney Gaylord Presidential Professorship. She is an internationally renowned expert on international intellectual property with a special emphasis on innovation policy, technology transfer, copy- right and new technologies, and on the geo-political relationship between multilateral trade law, innovation, and intellectual property policy. Dr. Okediji’s scholarship focuses on the design and implementation of legal rules, institutions, and processes that shape national and international policies on intellectual property rights. She has written, lectured, and pub- lished extensively on these topics. She has also worked with numerous international organizations including the United Nations Development Program’s (UNDP) flagship project on Innovation, Culture, Biogenetic Resources, and Traditional Knowledge; the United Nations Conference on Trade and Development (UNCTAD)-ICTSD Capacity Building Project on Intellectual Property Rights and Sustainable Development; and as an advisor to various countries on intellectual property policies under the auspices of the Commercial Law Development Program of the U.S. Department of Commerce. Dr. Okediji has earned numerous teaching awards, citations, and has held an appointment in public service. She has chaired the American Association of Law School’s Section on Intel- lectual Property, Section on Law and Computers, and the Nominating Committee. She also is a member of the Executive Board of the Order of the Coif. At the University of Minnesota, Dr. Okediji recently co-chaired the university-wide committee which helped develop the new Regents Copyright Policy. She has held visiting research positions at Harvard Law School and the Max Planck Institute for International and Comparative Patent, Copyright, Trademark, and Unfair Competition Law in Munich, Germany. She is a member of the New York Bar, the Minnesota Bar, and the American Bar Association.

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APPENDIX C 81 Marilyn Hall Patel served as a judge on the United States District Court for the Northern District of California, sitting in San Francisco, since August 1980 when she was nominated by Jimmy Carter to a seat vacated by Lloyd Hudson Burke, until 2012. She is a member of the Bars of New York and California. Judge Patel was the first woman to serve as Chief Judge of the Court and held that position from 1997 to 2004. Prior to joining the federal bench, she served on the bench of the state court of California. During her years on the bench, Judge Patel has presided over many intellectual property cases ranging from patent to copyright and trademark to trade secret cases. Among them was the litigation involv- ing the original peer-to-peer file sharing system, Napster. She has been involved in a number of advanced legal education programs within and outside the United States on litigation, civil practice, securities law, and intellectual property law as well as a number of other subjects. She has participated in programs conducted by Loyola School of Law and Califor- nia Institute of Technology delving into the intersection of technology and other important issues including human genome research, communica- tion, and globalization. She has also been one of the initiators of judicial education programs in California and federal courts dealing with gender bias and equity, leading to the first gender bias studies and commissions in these courts. Judge Patel received her B.A. degree from Wheaton Col- lege in 1959 and her J.D. from Fordham University Law School in 1963. Mitch Singer is Chief Digital Strategy Officer at Sony Pictures Entertain- ment. In this capacity, Singer collaborates with Sony Pictures’ various business units on studio-wide strategies to address the ongoing digital transformation of the entertainment industry— helping to identify digital business opportunities, exploring new products, formats, and services, representing SPE in industry forums, and working to mitigate digital theft. He focuses on emerging and disruptive technologies and evaluates and develops adaptive business models to stay ahead of the technologi- cal curve. In addition to developing new consumer usage models, Singer plays a central role in Sony Pictures’ worldwide anti-digital theft and digital rights management efforts. Singer has been the lead negotiator for Sony Pictures in content protection technology licensing issues. Singer represents the studio in numerous standards setting activities. He currently serves as President of DECE, the 75-member, cross-industry consortium behind UltraViolet (http://www.uvvu.com), the effort to cre- ate open standards for digital entertainment distribution enabling con- sumers to acquire and play content across a wide range of services and devices. Singer sits on the boards of Motion Picture Laboratories, DVD CCA, Entertainment Technology Center USC, the HDBaseT Alliance as well as

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82 COPYRIGHT IN THE DIGITAL ERA the HQME (“High Quality Mobile Experience”) Steering Committee. He also was on the Board of Industry Leaders for the Consumer Electronics Association (CEA). Christopher Sprigman joined the University of Virginia’s School of Law in 2005. As the Class of 1963 Research Professor in Honor of Graham C. Lilly and Peter W. Low, he teaches intellectual property law, antitrust law, competition policy, and comparative constitutional law. Mr. Sprigman’s scholarship focuses on how legal rules affect innovation and the deploy- ment of new technologies. He received his B.A. with honors from the Uni- versity of Pennsylvania in 1988 then attended the University of Chicago Law School, serving as a Comment Editor of the University of Chicago Law Review and graduating with honors in 1993. Following graduation, Mr. Sprigman clerked for the Honorable Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit, and for Justice Lourens H. W. Ackermann of the Constitutional Court of South Africa. He also taught at the law school of the University of the Witwatersrand, in Johannes- burg, South Africa. From 1999 to 2001, Mr. Sprigman served as Appellate Counsel in the Antitrust Division of the U.S. Department of Justice, where he worked on U.S. v. Microsoft, among other matters. He then joined the Washington, DC, office of King & Spalding LLP, where he was elected a partner. In 2003, he left law practice to become a Residential Fellow at the Center for Internet & Society at Stanford Law School before joining the University of Virginia faculty, two years later. Scott Stern is the School of Management Distinguished Professor and Chair of the Technological Innovation, Entrepreneurship, and Strategic Management Group at the MIT Sloan School of Management. He is the co-organizer of the National Bureau of Economic Research (NBER) Inno- vation Policy and the Economy Working Group and a Senior Fellow of the Searle Center on Law, Regulation, and Economic Growth. Dr. Stern is also an associate editor of Management Science, the Journal of Industrial Economics, the International Journal of Industrial Organization, serves on the Board of Management of the International Schumpeter Society, and has served on the editorial boards of the Antitrust Law Journal and the Journal of Business and Economics Statistics. In 2005, he was awarded the first Ewing Marion Kauffman Prize Medal for Distinguished Research in Entrepreneurship. Dr. Stern explores how innovation—the production and distribution of ideas—differs from more traditional economic goods, and the implications of these differences for business and public policy. His more recent studies examine the drivers of commercialization strat- egy for technology entrepreneurs, the determinants of R&D productivity, and the role of incentives and organizational design on the process of

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APPENDIX C 83 innovation. He works widely with both companies and governments in understanding the drivers and consequences of innovation and entrepre- neurship, and has worked extensively in understanding the role of inno- vation and entrepreneurship in competitiveness and regional economic performance. Dr. Stern graduated with a B.A. degree in economics from New York University, and received his Ph.D. in economics from Stanford University in 1996. From 2001 to 2003 Stern was a Non-Resident Senior Fellow of the Brookings Institution and between 2001-2010 he was an associate professor at the Kellogg School of Management, Northwestern University. Molly Shaffer Van Houweling is Professor of Law at the University of California, Berkeley, where she also serves as one of the Faculty Directors of the Berkeley Center for Law and Technology. She joined the Berkeley Law faculty in 2005 after starting her law teaching career at the Univer- sity of Michigan. Ms. Van Houweling’s teaching and research interests include intellectual property, law and technology, and property doctrine and theory. Before entering academia, Ms. Van Houweling was President of Creative Commons, a nonprofit organization that facilitates sharing of intellectual property. Ms. Van Houweling has also served as Senior Adviser to the President and Board of Directors of ICANN, the entity that oversees the Internet Domain Name System. She has been a research fel- low at the Berkman Center for Internet & Society at Harvard Law School and at the Center for Internet and Society at Stanford Law School. Ms. Van Houweling served as a law clerk for Judge Michael Boudin of the U.S. Court of Appeals for the 1st Circuit and Justice David H. Souter of the U.S. Supreme Court. She received her B.A. from the University of Michigan (1994) and her J.D. from Harvard Law School (1998). Paul Vidich is a director of MediaNet Digital (also known as Musicnet) since 2006 and a director of Reverbnation (since 2009). He is Vice Chair- man of the Board of Governors, The New School for Social Research, and is a director of Poets & Writers. Mr. Vidich also serves as Member of Strategic Advisory Board at Brightcove, Inc., and is an advisor to various other Internet companies. He has extensive experience with music and media. As Executive Vice President at Warner Music, Mr. Vidich was responsible for global business development and technology strategy, closing the first major record company agreement with Apple iTunes in 2002, which became the template for deals Apple would later conclude with Universal Music, Sony, and EMI. He was also responsible for world- wide music strategies, market research, technology and business devel- opment activities, including joint-venture development, acquisitions and initiatives in mobile, e-commerce, electronic music distribution, and new

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84 COPYRIGHT IN THE DIGITAL ERA music formats. At AOL, Mr. Vidich was the senior executive in charge of video operations, and helped establish the first on-demand, premium- content video portal that laid the ground work for companies like Hulu. He also managed AOL’s acquisition of video search company, Truveo, and led AOL’s investment in Brightcove. Mr. Vidich holds an M.B.A. from the Wharton School of Finance and Commerce at the University of Pennsyl- vania, and a B.A. from Wesleyan University. He received his MFA in 2009 from Rutgers-Newark. Joel Waldfogel is the Frederick R. Kappel Chair in Applied Economics at the University of Minnesota’s Carlson School of Management and is a research associate of the National Bureau of Economic Research. Before coming to Carlson, Dr. Waldfogel was at the University of Pennsylvania’s Wharton School (1997-2010), where he was the Ehrenkranz Family Profes- sor of Business and Public Policy and had served as department chair and associate vice dean. Between 1990 and 1997, he was an assistant and later an associate professor of economics at Yale University. Dr. Waldfogel’s main research interests are industrial organization and law and econom- ics. He has conducted empirical studies of price advertising, media mar- kets, the operation of differentiated product markets, and issues related to digital products, including piracy, pricing, and revenue sharing. He has published over 50 articles in scholarly outlets including the American Economic Review, the Journal of Political Economy, and the RAND Journal of Economics. He has published two books and has also written for Slate. Dr. Waldfogel serves on the advisory boards of two companies, Tango Card, Inc. and HowMutch. He received an A.B. in economics from Brandeis University in 1984 and a Ph.D. in economics at Stanford University in 1990. STAFF Stephen A. Merrill, project director, has been Executive Director of the National Academies’ Board on Science, Technology, and Economic Policy (STEP) since its formation in 1992. With the sponsorship of numerous fed- eral government agencies, foundations, multinational corporations, and international institutions, the STEP program has become an important discussion forum and authoritative voice on innovation, competitive- ness, intellectual property, human resources, statistical, and research and development policies. At the same time Dr. Merrill has directed many STEP projects and publications, including A Patent System for the 21st Century (2004), Innovation Inducement Prizes (2007), and Innovation in Global Industries (2008). For his work on patent reform he was named one of the

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APPENDIX C 85 50 most influential people worldwide in the intellectual property field by Managing Intellectual Property magazine and earned the Academies’ 2005 Distinguished Service Award. He has been a member of the World Eco- nomic Forum Global Council on the Intellectual Property System. Previ- ously, Dr. Merrill was a Fellow in International Business at the Center for Strategic and International Studies (CSIS), where he specialized in tech- nology trade issues. He served on various congressional staffs including the U.S. Senate Commerce, Science, and Transportation Committee, where he organized the first congressional hearings on international competi- tion in the semiconductor and biotechnology industries. Dr. Merrill holds degrees in political science from Columbia (B.A.), Oxford (M.Phil.), and Yale (M.A. and Ph.D.) Universities. He attended the Kennedy School of Government’s Senior Executives Program and was an adjunct professor of international affairs at Georgetown University from 1989 to 1996. Aqila Coulthurst has been Program Coordinator for STEP since the fall of 2011. Prior to joining STEP, she spent over two years in the production and marketing divisions of the National Academies Press (NAP), the arm of the National Academies that publishes over 200 reports annually. Ms. Coulthurst was involved in several initiatives at NAP including: direct marketing and online outreach; facilitating the sale of intellectual prop- erty rights to publishers abroad; and general operational support. She was instrumental in developing relationships with agents and publishers in the Asian market resulting in over $40K in intellectual property sales. Over the years, Ms. Coulthurst has worked in various capacities at Smithsonian Enterprises, the National Community Action Foundation, Kingsley Associates, and the Center for Science, Technology, and Eco- nomic Development at SRI International. She has experience conducting impact assessments and program evaluations, as well as recruiting experts to serve on committees in various fields. In addition to her interest in U.S. competitiveness and innovation policies, Ms. Coulthurst is interested in how these policies impact development abroad. She spent several years studying U.S. foreign policy and sustainable development at renowned institutions in DC and while studying abroad in Central America. She has a B.A. in economics and in Spanish, and a certificate in markets and management from Duke University. She also has a Master of Science in Foreign Service from Georgetown University.

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