VIDEO GAMES AND DIGITAL MEDIA CONFERENCE Monday, March 17, 2014 University of California Hastings College of the Law Alumni Reception Center 200 McAllister Street, 2nd Floor San Francisco, CA Presented in association with: ABA Intellectual Property Law Section & The Entertainment and Sports Law Interest Group of the Intellectual Property Law Section of the State Bar of California

CONFERENCE PLANNING COMMITTEE Forum Chair Richard J. Idell, Idell & Seitel, LLP, San Francisco, CA

Regional CLE Co-Chairs: Henry Root, Lapidus, Root, Franklin & Sacharow, LLP, Santa Monica, CA Kirk Schroder, Schroder Fidlow, PLC, Richmond, VA

Conference Co-Chairs: Seth Steinberg, Digital Arts Law, San Francisco, CA Russell Weiss, Morrison & Foerster, LLP, Los Angeles, CA

Section of Intellectual Property Law: Patrick Meyers Chrissie Scelsi

Law Student Planning Committee: Kristy Brady Martin Fukui Travis Edward Robertson Jie Wang

PROGRAM AGENDA 8:00 am - 5:00 pm

Registration

8:00 am - 8:45 am

Continental Breakfast, Sponsored by Bryan Cave, LLP

8:45 am - 9:00 am

Introductory Remarks/ Chair Introductions

9:00 am - 10:15 am

Consoles as the “Media Hub”

10:15 am - 11:15 am

The First Sale Doctrine and the World of Digital Media

11:15 am - 11:30 am

Networking Break

11:30 am - 12:30 pm

Bitcoins, Candy Crush and Cold Hard Cash: Virtual Currency and Real World Money in the Virtual World

12:30 pm - 1:45 pm

Lunch—Brown Bag Breakout Session for Law Students/ Young Lawyers– Working in the Game Industry/ Game Law 101

1:45 pm - 2:45 pm

Social and Mobile: Where do Games Fit in the Continued Growth of Social Media and Mobile Devices

2:45 pm - 3:15 pm

Litigation Update– Copyright: The Knock-Off’s Continue– Game Cloning and Bots

3:15 pm - 4:00 pm

Litigation Update– Rights of Publicity and Privacy; Top-10 Case Summary

4:00 pm - 4:15 pm

Networking Break

4:15 pm - 5:00 pm

Gamblification! Again! Interaction between Social Games and Online Gambling

5:00 pm - 6:00 pm

Video Games and Big Data- - The More You Play the More Others Learn; Ethical Obligations

6:00 pm - 7:30 pm

Closing Remarks, Followed by Reception

Conference Schedule 9:00 am - 10:15 am Consoles as the “Media Hub” A discussion as to how video games and interactive entertainment are driving the shift to a “digital living room”. Who are the players and where do game consoles fit in this space? Is this another battle between content (Hollywood) and technology (Silicon Valley) or the merger of the two? Who will be the winners and why? What are some of the associated legal ramifications, including rights issues. Moderator: Seth J. Steinberg, Principal, Digital Arts Law , San Francisco, CA Panelists: Christi Davisson, Attorney, Devices and Studios, Microsoft Corporation, Redmond, WA Eric Lachter, Former Director of Marketing, Roku, San Francisco, CA William “Will” Marks, Head of Affiliate Relations and Marketing, Intel Media, Inc., Santa Clara, CA Lee Rawles, Senior Vice President, Business Development, Electronic Arts, Playa Vista, CA Anthony Stanley, Principal Counsel, Distribution, The Walt Disney Co., Burbank, CA

10:15 am – 11:15 am The First Sale Doctrine and the World of Digital Media In the United States and abroad, the first sale doctrine is impacting the broad shift to digital media. Copyright discussion continues with an analysis of the first sale doctrine, its place vis-à-vis digitally distributed products, and the ramifactions of Kirstaeng v. John Wiley & Sons. In the U.S and the UsedSoft decision in the EU. Should the first sale doctrine apply to digital copies? Should copyright owners be able to neuter the doctrine by way of license agreements? What does this mean for the used game market?

Moderator: Professor Ben Depoorter, UC Hastings School of Law, San Francisco, CA Panelists: Simon Frankel, Partner, Covington & Burling, LLP, San Francisco, CA Gregor Schmid, Partner, Taylor Wessing, LLP, Berlin, Germany

11:15 am -- 11:30 am Networking Break

11:30 am – 12:30 pm Bitcoins, Candy Crush and Cold Hard Cash: Virtual Currency and Real World Money in the Virtual World How online and virtual games are increasingly using “real money” features; the emergence of internet sweepstakes and what their regulation means for gaming models. How have games and virtual worlds incorporated “virtual currency” into their platform; the trends for virtual currency; recent moves by regulators, including FinCEN, and prosecutors to rein in certain “virtual” and “crypto” currency – including BitCoin and the Liberty Reserve “virtual” exchange; how to prevent fraud, illegality and money laundering, through conventional and innovative means.

Moderator: Sean Kane, Partner, Frankfurt, Kurnit, Klein and Selz, PC, New York, NY

Panelists: Adam Shapiro, Director, Promontory Financial Group, San Francisco, CA Carol Van Cleef, Manatt, Phelps & Phillips LLP, Washington, DC Peter Welch, Vice President and Associate General Counsel, Take-Two Interactive Software, New York, NY Andy Zaffron, Executive Vice President and General Counsel, Sony Online Entertainment, San Diego, CA

12:30 pm - 1:45 pm Lunch Brown Bag Breakout Session for Law Students/ Young Lawyers– Working in the Game Industry/ Game Law 101 A few industry veterans will discuss what you need to know and what you can do to help launch a legal career in the video game and digital media spaces.

Speakers: David Greenspan, Sr. Director Legal and Business Affairs, NAMCO BANDAI Games America Inc. and Adjunct Professor at Santa Clara University School of Law, San Jose, CA Andrea Yelle, Head of Talent, Forshay and former Head of HR, Lucasfilm Ltd., San Francisco, CA

4:00 pm—4:15 pm Networking Break

1:45 pm – 2:45 pm Social and Mobile: Where do Games Fit in the 4:15 pm—5:00 pm Continued Growth of Social Media and Gamblification! Again! Interaction between Mobile Devices? The commercial success of social games has shifted to mobile. Social Games and Online Gambling The ability to develop content independently and inexpensively compared to traditional gaming continues to drive volumes of content – or apps – to mobile. What are developers doing to exploit the growing number of users? What are retailers doing to make sure that their business does not go the way of Blockbuster Video? How are issues such as ownership, legal rights and liability exposure typically addressed?

Moderator: Nick Crincoli, VP and General Counsel, DirectTV, El Segundo, CA Panelists: Carlson Choi, VP, Digital Initiatives Group | Mattel, Los Angeles, CA Paul Gardner, Partner, Osborne Clarke, London, England Steve Ross, Nokia, Head of Business Development, Sunnyvale, CA Alexandra Sepulveda, Associate General Counsel, Kabam, San Francisco, CA

Another look at the intersection of social media and gambling, and what has transpired in the past year in terms of the incorporation of gambling and gambling-like experiences into social games and apps. What has changed in the legal and regulatory environment? What new strategies are being considered? Panelists: Neal Black, Member, Adkins Plant Elvins & Black, Seattle, WA Behn Dayanim, Partner, Paul Hastings, Washington, DC Melissa Riahei, Executive Vice President and General Counsel, Oddz, Los Angeles, CA Jomo Thompson, Corporate Counsel, Real Networks, Seattle, WA

5:00 pm—6:00 pm Video Games and Big Data: The More You Play, the More Others Learn, Ethical Obligations

The digitalization of games brings with it an opportunity for the makers of these products to learn more about the players. What type of information is collected, how is it collected, what types of user consent may be necessary? What are the A discussion of copyrights, how they are being infringed and the applicable ethical obligations involved, as well as applicable laws, including with respect to data privacy and COPPA? How results of some recent litigation. is responsibility and liability shared when multiple Panelist: parties are involved? J. Michael Monahan, Astrolab, LLC and adjunct Moderator: professor, ITT-Kent School of Law, Chicago, IL Russell Weiss, Partner, Morrison & Foerster, Los Angeles, CA 3:15 pm – 4:00 pm

2:45 pm—3:15 pm Litigation Update– Copyright: The KnockOff’s Continue– Game Cloning and Bots

Litigation Update Continues– Rights of Publicity and Privacy; Top –10 Case Summary An examination of cases impacting the interactive industry from the past year. Discussion will include rights of publicity and privacy-related cases, as well as some of the leading cases that impacted the video game and digital media industries during the past year.

Panelists: William S. Coats, Partner, Greenberg Traurig , East Palo Alto, CA Katherine Keating, Of Counsel, Bryan Cave, San Francisco, CA Christiane Stutzle, Of Counsel, Morrison & Foerster, Berlin, Germany

Panelists:

Drew Boortz, General Counsel, Nexon America, El Segundo, CA Christian Genetski, Senior Vice President and General Counsel, Entertainment Software Association, Washington, DC Professor Marc Greenberg, Golden Gate School of Law, San Francisco, CA Aleecia McDonald, Director of Privacy for Stanford's Center for Internet and Society, Stanford School of Law, Stanford, CA Rob Rieders, General Counsel, Path, Inc., San Francisco, CA

6:00 pm—7:30 pm Closing Remarks Followed by Networking Reception

THANK YOU TO OUR SPONSOR

CLE CREDIT: The ABA directly applies for and ordinarily receives credit for live, in-person programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MO, MT, NC, ND, NM, NY, OH, OK, OR, PA, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. Credit hours are estimated and are subject to approval from each state’s approval and credit rounding rules. This transitional program is approved for both newly admitted and experienced attorneys in NY. REGISTRATION AND DEADLINE: To register, please submit your completed registration form and payment to the: ABA, Forum on ES, 321 N. Clark Street, MS 18.2, Chicago, IL 60654. You can also register online at http://www.americanbar.org/groups/entertainment_sports.html. Confirmations will be sent to you within ten days of registration of receipt. In order to be included in the list of program attendees, you must register by March 10, 2014. ON-SITE REGISTRATION: On-site registration is available for those individuals who miss the registration deadline. If you plan to register at the door, please call 312.988.5580 at least 72 hours before the conference to confirm that space is still available. Failure to call in advance may preclude admission to a sold-out program. FINANCIAL AID POLICY: The Forum offers a limited number of scholarships (registration fee waiver), to attend this program to be held March 17, 2014. To apply for a scholarship, please send an email to Teresa Ucok, Forum Manager, explaining your interest in entertainment and sports law and your interest in attending the program. Teresa’s email is [email protected]. The deadline to request a scholarship is February 28, 2014. CANCELLATION POLICY: Registrants who are unable to attend the program will receive a refund of registration fee less a $50 administrative fee if written cancellation is received by March 12, 2014. Cancellation must be faxed to the attention of Anna Borowiec to 312-988-5677. No refunds will be granted after March 12, 2014. We will allow substitutions in lieu of a refund. The ABA reserves the right to cancel or alter any programs and assumes no responsibility for personal expenses. LOCATION INFORMATION: University of California Hastings College of the Law Alumni Reception Center 200 McAllister St. 2nd Floor, San Francisco, CA PARKING: Garage location is 376 Larkin Street (Civic Center Area– corner of Larkin and Golden Gate). Early Bird Rates from Monday-Friday in by 9:00 AM– out by 7:00 PM is $15.00, over 12 hours (daily maximum) is $26.00. Lost ticket must pay daily maximum rate (per day). BART: All Bay Area Rapid Transit trains going to the Daly City/ Colma or SFO/Milbrae have a Civic Center stop. McAllister Street is one block north of the Civic Center Station. ABA FORUM MEMBERSHIP: To encourage registrant to join the ABA Forum on the Entertainment and Sports Industries, the reduced member’s tuition rate is being extended to registrants who join the Forum when they register for the conference. Forum membership dues are $50 for lawyers and associates and $20 for law students. Membership in the ABA and in one of its many sections or divisions is a prerequisite to Forum membership. QUESTIONS: If you have any questions or require additional conference information, please call Anna Borowiec at 312.988.5580 or email [email protected].

VIDEO GAMES AND DIGITAL MEDIA CONFERENCE Monday, March 17, 2014 University of California, Hastings College of the Law, San Francisco, CA

REGISTRATION FORM THREE ways to register: By Fax: to 312–988–5677. Our fax is open 24 hrs.

By Internet: Register online at http://www.americanbar.org /groups/entertainment_sports/events_cle.html Questions: Call 312.988.5658

By Mail: ABA Forum on ES MS 18.2, 321 N. Clark St. Chicago, IL 60654

_________________________________________________________________________________________ Name _________________________________________________________________________________________ Email Address (please provide for updated Conference information) _________________________________________________________________________________________ Firm _________________________________________________________________________________________ Address _________________________________________________________________________________________ City State Zip: _________________________________________________________________________________________ Telephone Fax Are you licensed to practice in New York? (For CLE certification) ______ Yes ______ No Registration Fees $300 Forum & VGBA Member $495 Non–ABA Forum member $395 Non Attorney Industry Prof $50 Law Students $0 Conference Speaker TOTAL CONFERENCE FEE: $50 Membership Fee* ($20 for Law Students) (If not already a member of the Forum) GRAND TOTAL PAYMENT:

Quantity Total _______ $ _______ _______ $ _______ _______ $ _______ _______ $ _______ _______ $ _______ _______ $ _______ _______$_______ _______$_______

*Please enroll me as a member of the Forum on the Entertainment and Sports Industries. I understand I must be a member of the ABA and at least one Section of the American Bar Association. I belong to the following Section (s): ___________________________________________________________ Method of Payment: _ Check enclosed (payable to the American Bar Association) _ Credit Card _ VISA _ MasterCard _ American Express Card No. _____________________________________ Expiration Date: ______________________________ Name on Card (Printed): ______________________________________________________________________ Signature: __________________________________________________________________________________