Seth D. Greenstein

Seth D. Greenstein is a partner in the Washington, D.C. office of Constantine Cannon, whose practice concentrates on intellectual property and antitrust litigation and licensing issues. Seth Greenstein has litigated copyright, patent, trademark, and trade secret cases involving technology and software products before the federal district courts and courts of appeal, the International Trade Commission, and in arbitrations. He has represented Internet, cable, and satellite digital music services in rate-setting arbitrations before the Copyright Royalty Board and Copyright Arbitration Royalty Panels, and in numerous administrative proceedings before the Copyright Office. 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.

Notable cases include:

  • Lexmark Int’l. v. Static Control Components, 572 U.S. ___ (2014), finding indirect competitors have standing under the Lanham Act for false advertising;  387 F.3d 522 (6th Cir. 2004), landmark case addressing the Digital Millennium Copyright Act and copyrightability and commercial fair use of software;
  • Anerican Broadcasting Co. v. Aereo, Inc., 573 U.S. ___ (2014), 712 F. 3e 676 (2d Cir. 2013), No. 12 Civ. 1543 (AJN) (S.D.N.Y. 2012), copyright infringement suit, represent technology company that provides consumer access to remote reception and storage of broadcast television programming.
  • TruePosition, Inc. v. LM Ericsson, et al., filed July 20, 2011 (E.D. Pa.), antitrust suit alleging conspiracy and monopolization against major telecommunications suppliers and two standards setting organizations;
  • American Trucking Associations v. City of Los Angeles (C.D. Cal. and 9th Cir. 2009-2011), suit for constitutional violations of the Supremacy Clause against Port of Los Angeles;
  • Digital Performance Right in Sound Recordings, represented Digital Music Express Inc. in the first arbitration of performance royalties (1997), represented Yahoo! Inc. in Webcaster I (2002), filed direct cases for XM Satellite Radio (2007);  
  • United States v. Baker Hughes, 908 F.2d 981 (D.C. Cir. 1990), defeated antitrust challenge to merger;
  •  In re Inslaw, (Bktcy., D.D.C. and D.C. Cir. 1987-89), involving claims that the U.S. Department of Justice converted proprietary elements of client’s database software;
  • In re Dynamic Random Access Memories, (US ITC 1987), successfully defending Hitachi, Ltd. against Texas Instruments patent infringement claims.

Mr. Greenstein’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, and in inter-industry discussions with respect to digital content protection systems for high-value video content. He has represented clients at the Federal Communications Commission concerning the delivery and protection of broadcast, cable and satellite video content, and has advised companies concerning over-the-top video services.  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 1991-2006, he participated in committee meetings of experts of the World Intellectual Property Organization, including toward drafting a broadcaster rights treaty against international signal piracy; the December 1996 Diplomatic Conference which resulted in the WIPO Copyright and Performances and Phonograms Treaties; and, a model copyright law. His experience also includes advising clients concerning the licensing of patents, technology, copyrighted works and trademarks.

Mr. Greenstein is a member of the bars of the District of Columbia and the state of Maryland, and is admitted to practice in the Supreme Court of the United States, and the U.S. Courts of Appeals for the Federal Circuit, Second Circuit, Fourth Circuit, Fifth Circuit, Sixth Circuit, Seventh Circuit, Ninth Circuit, and D.C. Circuit.  Prior to joining Constantine Cannon in 2006, Mr. Greenstein was a partner in the Washington, D.C. office of McDermott, Will & Emery.

Mr. Greenstein is a frequent speaker on issues involving copyright and new technology, and has published articles on copyright, computer law, and licensing issues for numerous publications.  Selected materials are listed below.

Seth D. Greenstein's Publications & Speeches

Apr252016
Kirtsaeng v. John Wiley & Sons, Inc

Seth Greenstein was a panelist in the Supreme Court Series on April 25, 2016, presented by the Washington College of Law and Federal Circuit Bar...

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Sep172015
Public Interest Copyright Advocacy and Fair Use Education, 1995-2015

Panel presentation at American University Washington College of Law (September 17, 2015). Read more.

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Sep172015
Digital Devices, Software Ownership, and the Law

Seth Greenstein spoke on a panel presentation at the U.S. Patent and Trademark Office seminar on Copyright, Culture, Art and Science in the Digital Age.

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Sep12015
Microsoft v. Motorola: RAND Obligations Can Limit Infringement Remedies for Standard-Essential Patents

The Antitrust Counselor (September 2015).  Click here to read the article (ABA membership required).

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Oct232014
For Online Contracts, 9th Circuit Requires Conspicuous Notice Plus "Something More"

Westlaw Journal Computer & Internet publishes article by partner Seth Greenstein and associate David Golden (October 23, 2014). Click here to read the article.

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Oct12014
Why e-retailers should fix their fine print now

Internet Retailer (October 1, 2014). Click here to read the article.

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Apr62014
Representing Your Local Broadcaster

Panelist American Bar Association 2014 Forum on Communications Law (April 6, 2014).

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Mar192014
Litigation Update: YouTube (never ends), Aereo (might end soon) and Web IV Rate-Setting Proceeding (never ever ends)

Seth Greenstein was a panelist on the Entertainment & Technology Law Conference Series discussion in, New York, New York.

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May102013
Of Textbooks and iPods - Two Courts Look at the First Sale Doctrine

BNA Patent, Trademark & Copyright Journal (May 10, 2013) Click here to read the article.

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Apr92013
Kirtsaeng v. John Wiley & Sons

Seth Greenstein was a panelist for the April 9 seminar, on the copyright first sale doctrine, from Law Seminars International.

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Feb192013
Bowman v. Monsanto

Seth Greenstein spoke on a panel discussion at the American University - Washington College of Law.

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Feb152013
New Perspectives on the First Sale Doctrine

Seth Greenstein spoke on the panel at the Copyright Society of the U.S.A. mid-winter meeting in Austin, Texas.

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Sep282012
Aereo

Panelist, Federal Communications Bar Association Intellectual Property, Video Programming Committees (September 28, 2012).

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May212012
Viacom v. YouTube on the "Safe Harbor" Provision of the DMCA Practical Implications of the Second Circuit's Decision<

Seth Greenstein was a panelist for Law Seminars International.

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Sep152011
Costco V. Omega - Copyright first-sale doctrine based on where goods are made and sold.

Seth Greenstein was a panelist at the Chicago-Kent Supreme Court IP Review Conference in Chicago, Illinois.

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Jun12011
Copy Owners v. Copyright Owners: Is the First-Sale Doctrine Dead in the Digital Era?

Seth Greenstein was a panelist at the DC Bar program in Washington, D.C.

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Feb242011
DMCA Passe? The Unintended Consequences of the Digital Millennium Copyright Act Well after the Millennium: Viacom/YouTube and StorageTek Decisions

Panelist, Federal Communications Bar Association Intellectual Property, Video Programming & Distribution and Broadband Committees (February 24, 2011).

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Dec232010
Would You Sell Your Kindle to Sell a Used Book?

Fortune Tech, Dec. 23, 2010 Click here to read the article.

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Nov82010
Supreme Court Confidential - Costco V. Omega

Seth Greenstein was part of a panel at the Washington DC Chapter of the Copyright Society of the USA. George Washington University Law School, Washington,...

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Sep282010
The Digital First Sale Doctrine: Who Owns - or Licenses - Digital Products and Content?

Seth Greenstein was a panelist at the National Association of Record Manufacturers Entertainment Law Conference, in New York, New York.

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May172010
Music In The Cloud: Are Deals Getting More Complex - Again?

Seth Greenstein was a panelist at the National Association of Record Manufacturers Music Law 2010 Conference: Clouds, ISPs and Royalty Challenges, in Chicago, Illinois.

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Mar182010
Royalties and Rip Offs!

Seth Greenstein participated on a panel at the Copyright Society Luncheon Event. Manhattan, New York.

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Nov192007
Copyright Issues at the FCC and the FTC

Seth Greenstein was part of a panel which discussed copyright matters brought to the attention of federal agencies other than the U.S. Copyright Office. Federal...

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Mar222007
Stifel Nicolaus Capital Markets Conference Call

Seth Greenstein was a guest speaker on a call to discuss Viacom-Google/YouTube Copyright Suit. download PDF

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Feb242007
Copyright Robin Hoods or Ransackers: Will the Future Find Media Distributors to be Merry Men or Merely Thieves?

The symposium was sponsored by the Villanova Sports and Entertainment Law Journal.

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Feb222006
Public Symposium on the Proposed WIPO “Webcasting Treaty”

Panelist; sponsored by The National Academies, Washington, D.C. (February 22, 2006).

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Jun232003
Technological Features of Webcasting

Presentation to WIPO Informational Meeting on Webcasting, in Geneva, Switzerland view webcast

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Jan12001
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

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