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NAME: Matthew J. Oppenheim TITLE: Senior vice president, business and legal affairs AGE: 34 ORGANIZATION: The Recording Industry Association of America (RIAA) protects the interests of the U.S. record industry through lobbying, litigation and market research. The most prominent recent example of the RIAA’s work is the Napster Internet music file-sharing case. The RIAA’s members include big names like Universal, Sony and EMI. The association has 135 employees and had a 2000 operating budget of $43 million. LITIGATION DEPARTMENT AND RESPONSIBILITIES: Oppenheim oversees the three-attorney litigation unit. He also works with three other attorneys in the RIAA’s anti-piracy department. The vast majority of the trade organization’s litigation consists of copyright infringement cases involving piracy, either through old or new technology. Oppenheim’s main priorities are protecting the music owned by RIAA members from piracy and preserving the members’ freedom of expression. A big part of his job is staying abreast of new technologies and developments related to the Internet. He also represents the association at various international multi-industry standard-setting bodies on such technology issues as the digital distribution of music. Of course, he manages all the litigation. “The more significant cases get more of my personal attention,” he says “For instance, in the Napster case, I’m the counsel of record and show up at every hearing.” He also personally negotiates any settlements. LITIGATION: The RIAA is involved in about 35 lawsuits, nearly all copyright cases. The few remaining ones involve First Amendment or trademark issues. Oppenheim says his group is the plaintiff in 90 percent of the cases. Nevertheless, “we go out of our way to avoid litigating cases by reach[ing] out to high-tech companies” to try to resolve any problems with them directly first, he says. Oppenheim is part of a team of RIAA officials that conducts such talks. If it does sue, the association files the suit in its members’ names because the group itself doesn’t own any copyrights. NAPSTER: Oppenheim is handling the most highly publicized copyright case in U.S. history, the record industry’s lawsuit against Napster Inc. Some 79 million users exchanged music files on the Napster Web site in its heyday. The RIAA sued the online music site for facilitating the free distribution of copyrighted music and is seeking billions of dollars in damages. The suit, which was filed in December 1999, was consolidated with a slew of other lawsuits into In re Napster Copyright Litigation in federal court in San Francisco. In February, the RIAA won a major victory when the 9th U.S. Circuit Court of Appeals upheld the lower court’s decision to issue a preliminary injunction ordering Napster to remove copyrighted music from its system. Both sides appealed the preliminary injunction subsequently issued by the lower court. The 9th Circuit plans to hear all the appeals on Dec. 10. The RIAA recently requested that the lower court judge issue a summary judgment on the question of Napster’s liability for copyright infringement. Meanwhile, Napster has been offline since early July as it converts to a subscription service and works on complying with the preliminary injunction. Oppenheim helps lead the RIAA’s litigation team together with his outside counsel from Los Angeles’ Mitchell, Silberberg & Knupp. Oppenheim says he’s involved in everything from “trying to understand whether or not Napster’s in compliance with the injunction at any given time, to drafting and editing briefs.” He consults on strategy with RIAA’s general counsel, Cary Sherman, and the record companies’ in-house attorneys. NAPSTER CLONES: After the 9th Circuit’s favorable decision in Napster in February, the RIAA was able to get roughly 100 other similar sites to shut down without litigation. Four major Napster clones remain, and the association is in discussions with two of them. The group has already sued the biggest one, Aimster, which lets users trade music files via private e-mail. Oppenheim is handling the case, the second-highest profile lawsuit in the RIAA’s history. The association accuses Aimster of contributing to copyright infringement just like Napster and it is seeking billions of dollars in damages. In May, Aimster actually sued the record industry, first in federal court in Albany, N.Y., seeking a declaration from the court that it was not infringing on any copyrights. The RIAA responded by filing its lawsuit against Aimster in federal court in New York City. NATIONAL ASSOCIATION OF BROADCASTERS: Oppenheim scored a legal victory on Aug. 1 when U.S. District Judge Berle Schiller of Philadelphia dismissed the National Association of Broadcasters’ lawsuit against the U.S. Justice Department and the RIAA. The plaintiffs had sought to overturn a recent U.S. Copyright Office decision that radio stations that broadcast music over the Internet must pay royalties to record companies. The RIAA had initiated the Copyright Office proceeding. The ruling means that some 1,500 AM/FM radio stations will have to make royalty payments that will soon be determined by the Copyright Arbitration Royalty Panel in Washington, D.C. In the Philadelphia lawsuit, Oppenheim led the litigation team, along with a partner from Washington, D.C.’s Arnold & Porter, although he says he was less personally involved than in the Napster and Aimster cases. ALTERNATIVE DISPUTE RESOLUTION: Oppenheim isn’t a fan of ADR. He thinks lawyers and businesspeople should be able to settle a case on their own if settlement is possible. “Mediators shouldn’t make a difference in that. As for arbitration, my view is that most arbitrators simply like to split the baby,” Oppenheim says. Nevertheless, the RIAA occasionally participates in ADR if the other side insists or a judge orders it, as Judge Marilyn Hall Patel of the U.S. District Court for the Northern District of California did in the Napster case. The court-ordered mediation failed after only two meetings. Oppenheim led the RIAA’s negotiating team in the proceedings. OUTSIDE COUNSEL: The association uses several law firms in addition to Mitchell Silberburg, which is handling the Napster and Aimster cases and Arnold & Porter, which is working on the broadcasters’ case. The Washington office of Chicago’s Mayer Brown & Platt and New York’s Proskauer Rose are also helping with Napster. San Francisco-based Coblentz, Patch, Duffy & Bass; New York’s Brown Raysman Milstein Felder and Steiner; and Williams & Connolly in Washington, D.C., work on other litigation matters for the association. Oppenheim says he hires outside counsel based on which cases the firm has recently handled, where its strength lies and its availability and cost. Oppenheim always hires outside counsel for litigation, and either he or another RIAA attorney helps lead the litigation team along with a partner from the outside firm. ROUTE TO THE TOP: Oppenheim graduated from the University of Wisconsin in 1989, then worked as a paralegal in Washington, D.C., for a year before attending Cornell Law School, where he was graduated in 1993. He then joined the Washington, D.C., office of New York’s Proskauer Rose, where he specialized in litigation. Five years later, a former colleague of his at the law firm, who had gone to the RIAA, recruited Oppenheim to come work for the association. He joined as a litigator in 1998. “When I originally interviewed for the job with the general counsel, I remember having a discussion with him about how the music industry was going to be at the forefront of all the major technology issues. If we had only known then how right we were, we both probably would have gone running,” Oppenheim says. In any event, he stuck around and was promoted to head of litigation last year. FAMILY: Oppenheim’s wife, Rose, quit her job as a veterinarian to take care of their children, Maxwell, 2, and Lauren, almost 10 months old. LAST BOOK READ: “View From the Summit,” by Sir Edmund Hillary. LAST CD PURCHASED: “The Invisible Band,” by Travis.

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