by David Kappos
Under Secretary of Commerce for Intellectual Property David Kappos is charged with Advising the Secretary of Commerce, and the President of the United States, on all aspects of Intellectual Property policy.
Our nation faces an uncertain economic future. It is clear however, that in order to be successful, America will need to harness the ingenuity, creativity, and innovation of its people—America will need to harness its Intellectual Property.
A sound Intellectual Property system will help support R&D that propels the Green Tech revolution; will allow people to harness the power of digitization and an internet-connected world; and will better ensure the preservation of cultural diversity and drive growth of the creative arts.
Under Secretary Kappos will lay out his vision for the future of the Intellectual Property system and describe its impact on the world’s entrepreneurs, innovators, and creators.
As media giants wage a piracy war, “infringement” is not the real issue, but rather “predictability” as to what makes a digital content delivery business model lawful. Indeed, the recent Viacom v. Google decision is on many levels a conflicting retread of the Grokster ruling, making it more apparent than ever that courts have failed to provide consistent parameters. To truly make digital content delivery a viable industry in the long run (for content creators and new marketplace entrants), a coherent framework governing how third party content may be exploited must be devised. In other words, digital content delivery players need clear and reliable guidelines to assess whether their business model is permissible or not.
This panel will deconstruct the latest line of cases in order to outline the framework upon which new business models can be built. To do so, panelists will look at the Grokster and Viacom cases, and compare them to other decisions that could impact the structure of any such business model.
The panel will examine what constitutes the “inducement” of copyright infringement, and will parse out still uncertain areas of the law from those that are well established. Based upon those preliminary conclusions, panelists will establish basic principles upon which any new business model needs to be built while looking forward to new technological development.
11th–15th March 2011