The 463: Inside Tech

GMSV on MGM v. Grokster

Good Morning Silicon Valley

And who said Betamax had no future? Who should be held liable for the copyright infringements occuring on peer-to-peer networks -- the networks or the people who use them? That's the question the U.S. Supreme Court will decide when it hears a case filed by the music and film industries against two file-sharing outfits -- Grokster and StreamCast. On Friday, the high court agreed to hear oral arguments in Metro-Goldwyn-Mayer Studios Inc. v. Grokster -- a case that could shape the future of content delivery in the digital age. This spring, the court will review a U.S. 9th Circuit Court of Appeals ruling that found that distributors of P2P software could not be held liable for "contributory" or "vicarious" infringements. To arrive at that conclusion, the appeals court relied heavily on a 1984 Supreme Court ruling that shielded Sony from copyright infringement charges arising from illegal use of its VCR technology. That ruling, known as the Betamax decision, did much to promote technological innovation. It's certain to figure prominently in the court's consideration, and will perhaps even get a bit of an overhaul -- which could be dangerous business. "There's a lot more at stake here for the technology industry than for the copyright industry," said Fred von Lohmann, an Electronic Frontier Foundation attorney who has represented StreamCast Networks on the issue. "This case will not be determinant of the future of peer to peer around the world, but it will be determinant of the future of a whole host of future digital products." Gigi Sohn, president of Public Knowledge, a digital rights advocacy group agreed. "The big content companies are trying to accomplish in this case what they have failed to do in the 20 years since Betamax, and what they have failed this year to accomplish in Congress - to put restrictions on new technologies that suit their purposes not the needs of consumers. The evidence that file-sharing has significantly hurt the large content companies is very thin. But the trade-off of giving content companies more control over the development of technologies and of overturning Betamax, would be very significant and very harmful to consumers and to our economy."

PC World: Congress Fails to Act on Copyright Bills

Controversial bills proposed new penalties (including jail time) for copyright violations.

Grant Gross, IDG News Service

Monday, December 13, 2004

WASHINGTON -- The U.S. Congress passed a telecommunications bill in the final hours of the 2004 session, but some groups praised lawmakers for failing to act on legislation that would create new penalties for copyright violations.....

.....Among the bills that didn't pass this year is one that would have allowed entertainment companies and artists to sue others that "induce" copyright violations. Another bill that failed to pass would have established prison sentences for some electronic distribution of copyrighted works.

The Senate failed to act on the Cooperative Research and Technology Enhancement (CREATE) Act, a bill passed by the House of Representatives in March. The bill, a combination of other copyright legislation introduced in the House, included prison sentences of three to 10 years for the electronic distribution of copyrighted works worth more than $1000. The prison sentences could be imposed for willful violations or, in some cases, the distribution of more than 1000 copies of a copyrighted work.....

PC World on Copyright Laws

463 Names Advisory Committee

463 Communications Names Policy and PR Leaders
to Firm Advisory Committee

Washington, DC, and San Francisco, Calif. – 463 Communications, LLC today named policy and public relations leaders to the firm’s Advisory Committee. The Advisory Committee will help guide the newly launched firm as it becomes the leader in assisting technology companies, organizations and coalitions effectively position themselves in global policy debates.

“The quality of this group is one example of the experience and reach that 463 starts with from day one,” said 463 partner Sean Garrett. “Their talent and knowledge helps put 463 and our clients a step ahead of policy and technology developments.”

Initial members of the 463 Advisory Committee include:

Rick White: As a congressman from Washington State in the 1990s Mr. White founded the Congressional Internet Caucus. Now the President and CEO of TechNet, Mr. White is a leader in driving technology policy issues both in Washington and Silicon Valley.

Bruce Mehlman: Assistant Secretary of Commerce during President George W. Bush’s first term, Mr. Mehlman was a point man on technology policy. He now serves as executive director of the Computer Systems Policy Project and is partner of the public affairs firm Mehlman & Vogel.

Mark Fabiani: Deputy Campaign Manager for Al Gore’s presidential campaign, Mr. Fabiani also served as Special Counsel to the President in the Clinton White House where he managed the media and political strategy during the Whitewater investigation. Mr. Fabiani now has his own consulting firm based in California.

Stephanie Cutter: Communications Director for John Kerry’s presidential campaign, Ms. Cutter has a wealth of experience in the policy communications arena. Prior to the Kerry campaign, she served as deputy communications director in the Clinton White House and also managed communications for Sen. Edward M. Kennedy.

Andrew Weinstein: AOL Vice President of Corporate Communications, Mr. Weinstein was previously Deputy Press Secretary for House Speaker Newt Gingrich and also served as Director of Media Relations for Bob Dole’s 1996 presidential campaign.

Lorene Arey: Former Director of Corporate Communications at Cisco Systems, Ms. Arey was instrumental in creating Cisco’s brand and positioning John Chambers as an Internet visionary. She is now chairwoman of the non-profit Clara Fund.

Steve Langdon: A veteran of both Washington and Silicon Valley, Mr. Langdon has managed communications issues for high-tech leaders Cisco Systems and Google, where he currently works. Mr. Langdon also served as press secretary for the Democratic National Committee and was a political reporter in Washington for a decade.

463 Communications has offices in Washington, DC and San Francisco and a network of partners in Europe and Asia through its relationship with Next Fifteen Communications Group, the global technology public relations firm.

463 Launches

463 Communications Launches; PR Firm is First to Solely Focus on Policy Communications for the Technology Industry

Tech industry policy communications firm starts with strong client list including VeriSign, TechNet, CSPP and an alliance with Next Fifteen Communications Group

Washington, DC, and San Francisco, Calif. – 463 Communications, LLC today announced the launch of its public relations business. The new firm is dedicated to positioning technology companies, organizations and coalitions in global policy debates. 463 Communications has opened offices in Washington, DC and San Francisco and is creating a network of partners in Europe and Asia through a relationship with Next Fifteen Communications Group, the global technology public relations firm.

“The Internet and telecommunications sector is coming under increasing regulatory pressure. The outcomes of policy debates such as RFID, cyber security, VOIP and broadband will determine the success of high-tech companies over the next decade,” said Tim Dyson, CEO of Next Fifteen and the new chairman of the Board of 463 Communications. Next Fifteen’s alliance with 463 will help Next Fifteen clients navigate through and position themselves in high-tech policy debates.

463 Communications founding partners are:

Tom Galvin. Formerly vice president of Public Affairs at VeriSign, Inc., Galvin has extensive experience in Washington and Silicon Valley. Prior to VeriSign, Galvin worked for Cisco Systems, first creating its Washington communications shop and then leading its Corporate Public Relations efforts in San Jose. Galvin also spent over a decade in Washington as a political reporter, covering the White House, Congress and elections. He is based in Washington, DC.

Sean Garrett. In 1997, Garrett helped launch TechNet and led the group’s communications efforts for its first two years, Garrett has extensive political and high-tech experience. A former aide to California Gov. Pete Wilson, Garrett is formerly vice president of Bite Communications. Garrett also led PR efforts for Listen.com, managed the technology policy practice at Alexander Communications, and has served as spokesperson for several California statewide political campaigns. He is based in San Francisco.

Jim Hock. A Capitol Hill veteran, Hock served six years in Sen. Dianne Feinstein’s office in the role of press secretary, speechwriter and spokesman. In this capacity, Hock served as an advisor to the Senator on a variety of technology policy issues ranging from privacy, H1B visa reform, education and encryption. Hock also served as a legislative assistant with the city of Los Angeles. He is formerly director of policy communications at Bite Communications. He is based in Washington, DC.

For more information about 463 Communications and its partners, visit the website at 463.com.

"The people at 463 are the best in the business. This team knows policy, knows technology and knows how to communicate for results in the public policy process," said Rick White, CEO and President of TechNet "TechNet has worked with several PR agencies and no other understands Silicon Valley and Washington as well."

In addition to TechNet, 463 Communications is already working with several leaders of the Innovation Economy, including VeriSign and the Computer Systems Policy Project.

“In an era of emerging and converging technologies, corporations can no longer afford to ignore the policy debates occurring in Washington, in the states, or taking place overseas,” said Bruce Mehlman, former assistant secretary of Commerce and now partner of the public affairs firm Mehlman & Vogel, Inc. “463 will be successful because it will work closely with firms such as ours to provide the strategic PR counsel critical to the success of public affairs campaigns.”

463 Communications core offerings are:

Policy Strategy Development. Through their collective 50 years of experience, 463’s partners are able to develop effective strategies that solve their clients pressing policy challenges.
Issue Management. 463 develops and ties together disparate activities and harnesses them into focused measurable campaigns that drive strategy.

Public Affairs Advocacy. Their relationships with policy makers, the media, pre-eminent lobbyists, legal experts and academics enable 463 to develop relevant and effective advocacy campaigns that shape and define policy debates.

Crisis Communications. With years of experience, 463’s partners have navigated through every type of crisis that can affect a company or organization. They bring to the table all of the tools needed to manage a crisis: a communications playbook, media training, internal communications, customer communications, spokesman role ability and media tracking.

Thought Leadership. By knowing the issues, 463 develops data and unique perspectives that enable its clients to stand out and drive policy debates. Through speaking opportunities, op-eds, forums and governmental partnerships, 463 shapes and manages clients’ reputations in the policy arena and help them dominate policy discussions.
“What is unique about 463 Communications is that we are just as comfortable discussing technology in Silicon Valley as we are debating politics and policy in Washington, DC,” said 463 partner Tom Galvin. “We are the first firm solely devoted to advancing high-tech interests before governments and policy makers.”

As part of 463’s alliance with Next Fifteen, the firm will also work with other Next Fifteen companies, including the leading technology public relations firms, Bite Communications, Text100 and AugustOne. In fact, 463 is already working with Text100 and Bite Communications to provide policy communications consulting to their clients, such as Cadence Design Systems.

“Through our strong relationship with Next Fifteen we will be able to provide significant policy expertise and communications strategy internationally,” said 463 partner Jim Hock. “This is crucial because technology policy issues are rising in importance before the European Union and Asian governments every day.”

463 Communications today also announced the establishment of its Advisory Committee. Initial members include TechNet CEO Rick White; Former Assistant Secretary of Commerce Bruce Mehlman; Gore 2000 Deputy Campaign Manager Mark Fabiani; Kerry 2004 Communications Director Stephanie Cutter; Silicon Valley communications expert Lorene Arey; AOL Corporate Communications Vice President Andrew Weinstein; and, Steve Langdon of Google Corporate PR.