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Name and title: Matthew Zinn, vice president, general counsel and chief privacy officer Age: 40 The company: TiVo Inc. is a pioneer in digital television recording, having devised an interactive platform that frees viewers from the constraints of traditional TV watching. Working with any television setup and telephone connection, TiVo users can locate, record and store up to 140 hours of programming-or 300 hours’ worth if using the new TiVo-compatible Humax digital video recorders. In tandem with cable, digital cable, satellite, antenna or combinations thereof, TiVo users can pause, rewind and slow-motion TV broadcasts. TiVo machines record programs onto a built-in hard drive, rendering VCRs obsolete, and can even monitor viewing habits and select appropriate shows for recording. There are even dashboard-mounted, TiVo-styled digital video systems designed for police cruisers. These systems, used to videotape perpetrators, are superior in several ways to analog video cameras. Based in Silicon Valley’s Alviso, Calif., TiVo has 1.6 million subscribers (monthly or lifetime) and 350 employees. Last year, it reported $60.2 million in service and technology revenue. TiVo was formed in 1997 (as Teleworld) and unveiled its first products two years later. Legal landmines: Zinn lectures frequently on legal issues faced by multichannel video operators such as TiVo. Chief among them are the regulation of broadband, digital rights management issues and the pitfalls of copyright legislation. Zinn proselytizes for patent reform, asserting that “way too many patents are being granted that cover the same technology, and the [U.S.] Patent and Trademark Office lacks the resources to do proper due diligence.” He links this to a dramatic increase in patent litigation, particularly in the high-tech area. Privacy is also a “hot-button issue” for TiVo, whose digital TV devices are capable of collecting a wide range of information. The company has adopted a comprehensive privacy policy and maintains its customers’ data in anonymous, aggregated fashion. Zinn conducts biweekly meetings with TiVo engineers and business personnel to discuss privacy-related developments. Copyright inducement: Napster-style illegal downloading is deemed by Zinn to be an indirect problem for TiVo, but he is very concerned about a related new bill, the Copyright Inducement Act. Sponsored by senators Patrick Leahy, D-Vt., and Orrin Hatch, R-Utah, the legislation is aimed at minors, and is supposedly designed to prevent the sharing of, or access to, pornography over file-sharing services. Zinn is convinced that the bill is too broad, saying that without modifications, it could undo necessary protections for TiVo customers and users of VCRs, other digital video recorders and even personal computers. In theory, according to Zinn, “If I burned a copy of a CD and sent it to a friend via FedEx, FedEx could be liable for copyright infringement [under the proposed act] . . . . Anything that copies anything could be used to induce copyright infringement.” Zinn has aired his complaints to the Senate Judiciary Committee and, if invited, is prepared to present his case in Washington. TiVoGuard: Security is also an important issue for the company. TiVo protects its assets by preventing its service from being stolen and guarding customer data from use by unauthorized third parties. It is currently engaged in a “broadcast flag proceeding” at the Federal Communications Commission (FCC) regarding its TiVoGuard digital output protection technology. TiVoGuard uses authentication and encryption methods to ensure that content is unusable outside of devices registered with TiVo on a particular user’s credit card. It is seeking FCC certification of the technology as it now exists, but is experiencing opposition from entities including the Motion Picture Association of America, which questions the technology’s security. TiVo argues that further constraints are unnecessary and would not be user-friendly. Legal department: Zinn, with overall responsibility for TiVo’s legal, government relations and privacy matters, views himself as a former specialist who has become a generalist. He supervises a pair of specialists: Larry Denny came aboard from San Francisco-based Morrison & Foerster and handles securities work. Max Ochoa, hired by Zinn from Cooley Godward of Palo Alto, Calif., is an intellectual property transactional expert. TiVo participates in “a significant amount” of litigation, both offensively and defensively. All such work is farmed out. Los Angeles’ Irell & Manella is called upon for patent litigation matters and has provided counsel for TiVo cases involving Gemstar, Sonic Blue/Replay TV, Pause Technologies and Echostar. A win on summary judgment against Pause Technologies is a career highlight for Zinn. TiVo partners with Piper Rudnick on trademark cases and Latham & Watkins also provides outside counsel. route to the top: Zinn, who earned a B.A. from the University of Vermont (1986) and a J.D. from George Washington University Law School (1989), complemented his studies with internships at National Public Radio and the FCC. Following law school, he worked at Fisher Wayland Cooper & Leader, now part of Washington’s Shaw Pittman. He delved into the areas of television, radio, cellphone, satellite, wireless and cable, becoming most interested in the cable industry. In 1993, Zinn joined Cole, Raywid & Braverman, which featured Washington’s largest cable practice. Further honing his legal skills during a series of subsequent stops at Continental Cablevision, U S West Inc. and MediaOne, Zinn landed at TiVo in 2000. Personal: The New York City-born Zinn is married to Cynthia Zinn. His hobbies include skiing and playing the drums. Last book and movie: Positively Fifth Street: Murderers, Cheetahs, and Binion’s World Series of Poker, by James McManus, and Spider-Man 2 (which he admitted to after quipping,”Who needs to go to the movies if you have TiVo?”)

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