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Open Source Software 2016 -- from Compliance to Cooperation


Speaker(s): Andrew Hall, Armijn Hemel, Eileen Evans, Heather J. Meeker, Jeff Luszcz, Keith Bergelt, Ken Seddon, Kevin (Xi Zhao) Wang, Luis Villa, Mark F. Radcliffe, Mitch Segal, Pamela Chestek, Patrick E. King, Shane Curcuru
Recorded on: Dec. 21, 2016
PLI Program #: 190831

Keith Bergelt is the Chief Executive Officer of Open Invention Network (OIN), the largest patent non-aggression community in history, created to support freedom of action in Linux as a key element of open source software.  Funded by Google, IBM, NEC, Philips, Red Hat, Sony, SUSE, and Toyota, OIN has more than 2,000 OIN community members and owns more than 1,100 global patents and applications.  In his capacity as CEO he is directly responsible for enabling, influencing and defending the integrity of the Linux ecosystem.  Central to the achievement of his goals is the acquisition and transfer of patent rights designed to permit members of the Linux ecosystem to operate free of the threat of assertion and litigation from those whose business models are antithetical to innovation and global economic growth in information technology and computing.

Prior to joining the Open Invention Network, Mr. Bergelt served as president and CEO of two Hedge Funds – Paradox Capital and IPI – formed to unlock the considerable asset value of patents, trademarks and copyrights in middle market companies.  Paradox and IPI were the first Funds of their kind to offer specialty lending products supported exclusively by intellectual property.  Driven by Mr. Bergelt’s creativity and entrepreneurial approach, these funds enabled the emergence of patents, trademarks and copyrights as a viable source of collateral in asset-based loans, forever reshaping the emerging IP Finance landscape.

During Mr. Bergelt’s stewardship of these IP-based lending activities, he raised more than $300 million dollars and financed portfolio companies of private equity firms including Texas Pacific Group, Kelso & Co., JH Whitney, Weston Presidio, Goode Partners, Palladium Capital and Castanea Partners, among others.

Previously, Mr. Bergelt served as a senior advisor to the technology investment division at Texas Pacific Group. He also headed business development, intellectual property and licensing for the Kelso & Company portfolio company Cambridge Display Technology in the United Kingdom. Additionally, he established and served as General Manager of the Strategic Intellectual Asset Management business unit at Motorola Corporation and served as Motorola’s director of Technology Strategy.

Mr. Bergelt was a co-founder of the IP Advisory Practice within the Electronics and Telecommunications Industry group at SRI Consulting in Menlo Park, California.

Prior to his extensive private sector experience, Mr. Bergelt served for twelve years as a diplomat with postings at the United Nations in NY and the American Embassy in Tokyo, Japan where he was involved in the negotiation of IP rights protection in Asia.

Mr. Bergelt holds an Artium Baccalaureus degree from Duke University, a Jurist Doctorate degree from Southern Methodist University School of Law and a Masters of Business Administration degree from Theseus Institute in France.  He is a frequent speaker on corporate strategy, finance and intellectual property management.


Armijn Hemel, MSc, is a technical expert for open source issues in global supply chains in the electronics and automation industry. From 2005 until 2012 Mr Hemel served as part of the coreteam of gpl-violations.org, an organization enforcing the GPL license in Germany and during this period he gained deep knowledge about open source challenges in global supply chains in the electronics industry, which he encoded in a toolsuite called "Binary Analysis Tool" (BAT) that can help companies find out what code suppliers have shipped them on devices. He is currently serving as CTO at Insignary, which is building the next generation of the Binary Analysis Tool. With his own company he advises companies on GPL license issues and has successfully assisted companies in court.

Mr Hemel studied computer science at Utrecht University (The Netherlands) and built the first prototype of the NixOS Linux distribution focusing on reproducible builds. He continues to publish at academic conferences about topics like reverse engineering and code provenance.


Heather Meeker advises technology clients on intellectual property matters. Her practice focuses on counseling in the following areas:

  • Technology transactions, including licenses, channel sales agreements, development agreements, university technology transfer, and consumer contracting 
  • Open source software licensing, including IP strategy, compliance, transactions, and disputes 
  • Technology and IP issues in mergers and acquisitions
  • Copyright, patent, trademark, trade secret, and other IP matters  

Heather has achieved national and international recognition for her leadership in the field of intellectual property law. Drawing on her technical knowledge and experience, she approaches matters with a practical and business focus. Heather handles technology transactions and intellectual property-related aspects of mergers and acquisitions for companies in all technology sectors and for non-technology companies doing technology deals, with an emphasis on IT and software.

Prior to joining O’Melveny, Heather practiced at an AmLaw 20 firm, where she served as chair of the firm’s IP/IT Licensing and Transactions Group, as well as the co-managing shareholder of its Silicon Valley office.

 

Education

  • University of California, Berkeley, J.D., 1994: Order of the Coif; Editor-in-Chief, Berkeley Technology Law Review (1993-1994)
  • Yale University, B.A., Economics, 1979: magna cum laude

 

Experience

  • Provided representation in open source disputes, including Oracle v. Google, Continuent v. Tekelec, and FSF v. Cisco.
  • Participated in drafting team for Mozilla Public License version 2.0.
  • Serves as advisor to the ALI project on the law of software contracting and the Restatement of Copyright Law.
  • Provided counsel to many open source software and technology efforts, including Mozilla Foundation, Cloudfoundry.org, OROPO Foundation, Open Compute Project, and Open Networking Foundation.
  • Authored "Open Source for Business," a handbook for engineers, business persons, and lawyers to understand the use of open source licensing in private enterprise.

 

Professional Activities

  • Former Council Member, American Bar Association Science and Technology Section (2006 - 2010) and Former Chair, Open Source Committee, Section of Science and Technology Law
  • American Law Institute (2006 - present)
  • Lawyers' Committee for Civil Rights for the San Francisco Bay Area (2006 - present)


Ken Seddon joined LOT in April of 2015, bringing over 20 years of experience managing all areas of intellectual property. Previously, Ken was with some of the largest patent holders the world including Apple, Micron, Motorola, Intel and most recently as the Vice President of IP at ARM.

Ken drafted over 300 patent applications while at Motorola and Intel, and managed all US patent prosecution at Intel. As Chief IP Counsel of Numonyx which was later acquired by Micron, Ken led strategic IP Licensing for two years before moving to Apple. At Apple, Ken developed the IP strategy for future products and acquired and defended patents from PAE assertions. Ken then went on to be the VP of IP at ARM before being selected by the Board of Directors to be the first CEO of LOT Network.

Ken has a BS in Computer Engineering from the Georgia Institute of Technology, a master’s degree in Solid State Device Physics and a Juris Doctorate from Arizona State University. Ken is a regular speaker at conferences for professional organizations and has chaired several committees for both IPO and AIPLA.


Kevin Wang is the CEO and founder of FOSSA, an open source license management platform adopted the world’s largest enterprises and most popular open source projects. Kevin is a member of the 2018 Forbes “30 Under 30” list and was a 2013 Thiel Fellow. On the side, Kevin serves as a Venture Partner at Open Source Capital to help founders of open source projects commercialize and scale.


Mitch Segal is a Senior Director and Associate General Counsel for Software, Cloud & Open Source at Hewlett-Packard Co. (“HP”) at its corporate headquarters in Palo Alto, CA.  Mitch leads a team of HP attorneys who provide legal support for the HP Cloud business and who guide HP business leaders and engineering and product teams across HP on the use of open source technologies in HP products and services and compliance with open source licensing obligations.

Prior to his current role, Mitch was a Director in the Intellectual Property (“IP”) group within HP’s Office of General Counsel.  He led the team of IP transactions attorneys that provided legal support for HP Cloud Services, HP Labs and IP Licensing.  Mitch also served as the senior IP transactions lawyer supporting HP Labs for research collaborations with the U.S. Government and universities and research institutions worldwide.

Prior to joining HP in 2011, Mitch spent more than 10 years as in-house counsel at Sun Microsystems, serving as the lawyer for 3 Executive Vice Presidents, supporting Sun’s Chief Technology Officer, Sun’s largest hardware product group (Volume Servers), and Worldwide Operations (procurement, manufacturing and supply chain).

Prior to joining Sun, Mitch was in private practice for 20 years in Washington, D.C. and the San Francisco Bay Area, providing litigation and counseling services to companies engaged in complex contract matters with military and civilian agencies of the U.S. Government.  He was a partner in the Washington, D.C. offices of Piper & Marbury (now DLA Piper) and Pierson, Ball & Dowd (subsequently acquired by Reed Smith), where he practiced government contract law.

Mitch received his undergraduate degree in history from Yale University and his law degree from the University of Virginia.


Primary Areas of Practice: IP Licensing, Open Source Software Licensing, Venture Capital, Corporate Structuring; Corporate Collaborations

Law
School/Graduate School: Harvard Law School

Work History:

Mr. Radcliffe represents corporations in their intellectual property and finance matters. His clients include both startups and global multinationals.  He has been at the forefront of many of the major legal developments in the last three decades, including the development the first domain dispute resolution policy for Network Solutions, Inc. (which is still the basis for dispute resolution under ICANN),  the revision of the bankruptcy law to deal with the intersection between bankruptcy and intellectual property licenses, the open sourcing of the Solaris operating system for Sun Microsystems, Inc. and the development of the General Public License version 3.  He has served on the US Japan Innovation and Entrepreneurship Council and was appointed by the Department of State to be the US Private Sector Co-Chair http://japan.usembassy.gov/e/p/tp-20130225-01.html. His experience covers a wide variety of industries from web to software (particularly open source) to cloud to semiconductors. His deep experience in both venture capital financing and intellectual property makes him particularly effective in assisting companies in developing and implementing innovation strategies.

In April 2009 (the first year of the award), he was recognized for his experience in assisting companies in intellectual property strategy by Intellectual Asset Management magazine as one of the World’s Leading 250 IP Strategists.  The National Law Journal in 1997 named him one of the 100 Most Influential Lawyers in the United States.  He is consistently cited by Chambers USA: America’s Leading Lawyers for Business, as being in the first rank in California for IT and IT Outsourcing.  He has been listed in the “The Best Lawyers in America,” and as one of Northern California’s Top 100 intellectual property attorneys in “Super Lawyers.”  And he has been named as one of “America’s Leading Lawyers for Business” in Who’s Who Legal publication.  In 1998, Harvard Law School designated him a “Distinguished Alumni”.  He has been quoted on intellectual property matters in Time Magazine, the New York Times, Wall Street Journal, San Francisco Examiner, San Jose Mercury News and the Daily Variety.  Mr. Radcliffe has published articles in such legal magazines as the National Law Journal, Trademark World, Computer Lawyer, California Law Business and Copyright World

Professional Memberships: American Bar Association, International Bar Association


Shane Curcuru serves as Vice Chairman for the Apache Software Foundation (ASF), a Delaware 501(C)3 non-profit charity.  He wrote the trademark and branding policies that cover all 200+ Apache® projects, including assisting projects with defining and policing software brands. Shane is serving a eighth term as an elected Director of the ASF, providing governance oversight, community mentoring, and fiscal review for all Apache projects.

Shane is founder of Punderthings? LLC consultancy, your open source lifesaver, helping you find better ways to engage with the critical open source projects that power modern technology and business.  He blogs and tweets about open source governance and trademark issues, and has spoken at major technology conferences like ApacheCon, OSCON, All Things Open, Community Leadership Summit, and Ignite.

Otherwise, Shane is: a father and husband, a BMW driver, a punny guy and lifelong resident within the 495 belt. Oh, and we have cats.  Follow @ShaneCurcuru and read http://CommunityOverCode.com and http://ChooseAFoundation.com


Eileen Evans is the Vice President and Deputy General Counsel of Software, Cloud and Open Source for Hewlett Packard Enterprise.  In her role, Eileen leads and manages legal support for HPE Software and HPE Cloud and legal and program management support for open source at HPE.  Eileen also leads and manages senior technology attorneys, engineers and program managers responsible for driving the implementation of HP’s open source strategy and open source community engagement.

Eileen represents Hewlett Packard Enterprise on the Linux Foundation Board of Directors and the OpenStack Foundation Board of Directors, and she actively participated as a Founding Member of the OpenStack Foundation Drafting and Formation Committee.

Eileen was recognized in 2014 as one of Silicon Valley Business Journal’s top 100 Women of Influence.

In 2014, Inside Counsel named Eileen to its “R3-100 roundup:” a list of 100 women who will likely be ready to become General Counsel in the Fortune 500 in the next three years.

Prior to joining HP in 2010, Eileen was a Director and Associate General Counsel at Sun Microsystems (and then Oracle Corporation following its acquisition of Sun) for nearly 12 years.  At Sun, Eileen led and managed legal support for various hardware and software business units.  Eileen also served as a lead Open Source Legal Strategist for Sun, where she led, managed and supported numerous open source projects, including Java, MySQL, OpenSolaris, OpenOffice and NetBeans.

In addition to her experience at Sun and HP/HPE, Eileen has spoken on various intellectual property and open source topics at conferences in the United States and in Europe and with the European Commission, Members of the European Union Parliament and the European Union National Competition Authorities.

Prior to joining Sun, Eileen practiced in the Technology Transactions Group at Gray Cary Ware & Freidenrich (now DLA Piper) in Palo Alto, California.

Eileen holds a Bachelor of Arts in political science from the University of California, Berkeley and a Juris Doctor from the University of California, Davis School of Law.


Pamela S. Chestek is the principal of Chestek Legal in Raleigh, North Carolina. She counsels creative communities on open source, brand, marketing and copyright matters. Prior to returning to private practice, she held in-house positions at footwear, apparel, and high technology companies and was an adjunct law professor teaching a course on trademark law and unfair competition. She is a frequent author of scholarly articles, and her blog, Property, Intangible, provides analysis of current intellectual property case law. Pam has a Bachelor of Fine Arts from Penn State and a Juris Doctor from the Western New England University School of Law. She is admitted to practice in Connecticut, the District of Columbia, Massachusetts, New York and North Carolina, and has been certified by the North Carolina Board of Legal Specialization in Trademark Law.


Luis Villa Co-founder and General Counsel of Tidelift. 

Prior to founding Tidelift, Luis was Deputy General Counsel at the Wikimedia Foundation, handling a variety of issues, including open source and open data licensing. Formerly, he was an associate in the Palo Alto office of Greenberg Traurig, LLP, where he represented Google in the Google-Oracle trial, and advised licensing clients that included Amazon, Facebook, and a variety of startups. He also led the revision of the Mozilla Public License for the Mozilla Foundation. Luis is also a director and chair of the Licensing Committee for the Open Source Initiative. Before practicing law, Luis was an engineer and manager at a successful open source startup and "geek in residence" for a year at the Berkman Center for Internet, Law, and Society at Harvard Law School.