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Seth D. Greenstein
Washington, D.C. Office

T: 202.204.3514
F: 202.204.3501
sgreenstein@constantinecannon.com
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Seth D. Greenstein is a partner in the Washington, D.C. office of Constantine Cannon. Seth concentrates his practice on intellectual property litigation and licensing issues. Seth Greenstein has litigated copyright, patent, trademark and trade secret cases involving high technology and software products before the federal district courts and courts of appeal, the International Trade Commission, and in arbitrations. His litigation experience also includes numerous cases involving antitrust and unfair competition law, as well as contract and complex business tort issues in federal and state courts. He has represented satellite, Internet and cable digital music services in rate-setting arbitrations before Copyright Arbitration Royalty Panels and the Copyright Royalty Board, and in numerous administrative proceedings before the Copyright Office.

In 2004, Seth argued and won an appeal before the Sixth Circuit, reversing the entry of a preliminary injunction in a precedent-setting case under the Digital Millennium Copyright Act of 1998, also involving the copyrightability and commercial fair use of software. Lexmark Int'l Inc. v. Static Control Components, Inc., 387 F.3d 522 (6th Cir. 2004). On remand, in 2007, we obtained summary judgment in favor of our client on the DMCA and copyright claims, and a jury verdict in favor of our client against claims of inducing patent infringement.

Seth's practice includes advice and advocacy on legislative and policy issues relating to intellectual property and high technology products and services. Since the early 1990's, he has represented the interests of information technology and consumer electronics companies before Congress, the Federal Communications Commission, and in inter-industry discussions with respect to digital content protection systems for high-value video content. In June 1998, he co-founded and through 2005 served as counsel to the Digital Media Association, a trade association advocating the interests of technology companies involved in the protection and delivery of audio and audio-visual works over the Internet and other digital networks. He testified on their behalf before a House Subcommittee considering the Digital Millennium Copyright Act of 1998. From 1990-2006, he participated in committee meetings of experts of the World Intellectual Property Organization toward drafting model copyright-related laws, the December 1996 Diplomatic Conference which resulted in the WIPO Copyright and Performances and Phonograms Treaties and, on behalf of Internet webcasters, a broadcaster rights treaty against international signal piracy.

His experience also includes advising clients concerning the licensing of patents, technology, copyrighted works and trademarks.

Seth is a member of the bars of the District of Columbia, the state of Maryland, the U.S. Court of Appeals for the D.C. Circuit, Federal Circuit, Sixth Circuit, Seventh Circuit, Ninth Circuit, and the Supreme Court of the United States.

Seth has published articles on computer law, licensing and copyright issues for numerous publications, and is a frequent speaker on issues involving copyright and new technology. Selected references include:
  • Seth Greenstein was a panelist at the Chicago-Kent Supreme Court IP Review Conference: Costco V. Omega - Copyright first-sale doctrine based on where goods are made and sold. Chicago, Illinois (Sept. 15, 2011)

  • Author, "Would You Sell Your Kindle to Sell a Used Book?," Fortune Tech (Dec. 23, 2010)
    read the article

  • Panelist at the Washington DC Chapter of the Copyright Society of the USA, George Washington University Law School event entitled Supreme Court Confidential - Costco v. Omega., Washington, D.C. (November 8, 2010)

  • Panelist at the National Association of Record Manufacturers Entertainment Law Conference, The Digital First Sale Doctrine: Who Owns - or Licenses - Digital Products and Content? New York, New York (September 28, 2010)

  • Panelist at the National Association of Record Manufacturers Music Law 2010 Conference: Clouds, ISPs and Royalty Challenges, Music In The Cloud: Are Deals Getting More Complex - Again? Chicago, Illinois (May 17, 2010)

  • Panelist at the Copyright Society Luncheon Event entitled Royalties and Rip Offs! (March 18, 2010)

  • Guest speaker at Federal Communications Bar Association panel on copyright-related issues before the FCC (November 19, 2007)

  • Speaker on a Stifel Nicolaus Capital Markets Conference Call, discussing the Viacom-Google/YouTube Copyright Suit (March 22, 2007)

  • "Copyright Robin Hoods or Ransackers: Will the Future Find Media Distributors to be Merry Men or Merely Thieves?" symposium sponsored by the Villanova Sports and Entertainment Law Journal (February 24, 2007)

  • Panelist at the Public Symposium on the Proposed WIPO "Webcasting Treaty," sponsored by The National Academies, Washington, D.C. (February 22, 2006)

  • Presentation to WIPO Informational Meeting on Webcasting, on "Technological Features of Webcasting," Geneva, Switz. (June 23, 2003). Webcast available at www.wipo.int/edocs/mdocs/mdocs/en/webc_im_ge_03/webc_im_ge_03_1_rev.html

  • Copyright in the Age of Distributed Applications, paper presented at the Telecommunications Policy Research Conference, selected for publication in Communications Policy in Transition: The Internet and Beyond (MIT Press 2001)



PRACTICE GROUPS

» Antitrust Litigation and Counseling

» Intellectual Property and Technology



ADMISSIONS

Washington DC, Maryland

Supreme Court of the United States

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Federal Circuit



PUBLICATIONS

Of Textbooks and iPods - Two Courts Look at the First Sale Doctrine BNA Patent, Trademark & Copyright Journal (with Daniel Vitelli), May 10, 2013
read the article

Would You Sell Your Kindle to Sell a Used Book? Fortune Tech, Dec. 23, 2010
read the article


Copyright in the Age of Distributed Applications, paper presented at the Telecommunications Policy Research Conference, selected for publication in Communications Policy in Transition: The Internet and Beyond
MIT Press, 2001



SPEECHES

April 9, 2013
Seth Greenstein was a panelist for the April 9 seminar, Kirtsaeng v. John Wiley & Sons, on the copyright first sale doctrine, from Law Seminars International.
February 19, 2013
Seth Greenstein spoke on a panel discussion on Bowman v. Monsanto at the American University - Washington College of Law.

February 15, 2013
Seth Greenstein spoke on the panel "New Perspectives on the First Sale Doctrine" at the Copyright Society of the U.S.A. mid-winter meeting in Austin, Texas.

May 21, 2012
Seth Greenstein was a panelist for Viacom v. YouTube on the "Safe Harbor" Provision of the DMCA Practical Implications of the Second Circuit's Decision, from Law Seminars International.

Sept. 15, 2011
Seth Greenstein was a panelist at the Chicago-Kent Supreme Court IP Review Conference: Costco V. Omega - Copyright first-sale doctrine based on where goods are made and sold. Chicago, Illinois.

Nov. 8, 2010
Seth Greenstein was part of a panel entitled Supreme Court Confidential - Costco V. Omega. Washington DC Chapter of the Copyright Society of the USA. George Washington University Law School, Washington, D.C.

September 28, 2010
Seth Greenstein was a panelist at the National Association of Record Manufacturers Entertainment Law Conference, The Digital First Sale Doctrine: Who Owns - or Licenses - Digital Products and Content? New York, New York.

May 17, 2010
Seth Greenstein was a panelist at the National Association of Record Manufacturers Music Law 2010 Conference: Clouds, ISPs and Royalty Challenges, Music In The Cloud: Are Deals Getting More Complex - Again? Chicago, Illinois.

March 18, 2010
Seth Greenstein participated on a panel entitled Royalties and Rip Offs!. Copyright Society Luncheon Event. Manhattan, New York.

November 19, 2007
Seth Greenstein was part of a panel entitled Copyright Issues at the FCC and the FTC, which discussed copyright matters brought to the attention of federal agencies other than the U.S. Copyright Office. Federal Communications Bar Association, Intellectual Property Practice Committee Brown Bag Lunch. Washington, D.C.

March 22, 2007
Guest speaker on a Stifel Nicolaus Capital Markets Conference Call. Call to discuss Viacom-Google/YouTube Copyright Suit.
download PDF

February 24, 2007
"Copyright Robin Hoods or Ransackers: Will the Future Find Media Distributors to be Merry Men or Merely Thieves?" symposium sponsored by the Villanova Sports and Entertainment Law Journal.

February 22, 2006
Panelist at the Public Symposium on the Proposed WIPO "Webcasting Treaty," sponsored by The National Academies, Washington, D.C.

June 23, 2003
Presentation to WIPO Informational Meeting on Webcasting, on "Technological Features of Webcasting," Geneva, Switzerland
view webcast


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