Seth D. Greenstein
Washington, D.C., Office
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 1990s, 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 audiovisual 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 to 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, D.C., 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, Switzerland (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)
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
The London office of Constantine Cannon is a separate and independent limited liability partnership registered in England and Wales (with registered number OC376384) with a registered office at 1 Paternoster Square, London EC4M 7DX. Constantine Cannon LLP in London is authorised and regulated by the Solicitors Regulation Authority. The professional rules applicable to the firm are available at the SRA website at www.sra.org.uk/rules.