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Open Source Software 2018 -- from Compliance to Cooperation


Speaker(s): Alma Chao, Dave Marr, Heather J. Meeker, Kevin (Xi Zhao) Wang, Luis Villa, Mark F. Radcliffe, Maxwell Sills, Nissa Strottman, Pamela Chestek, Shane Curcuru, Van E. Lindberg
Recorded on: Nov. 28, 2018
PLI Program #: 220434

Alma Chao is Director and Associate General Counsel at Facebook and joined Facebook in 2010 to help build the open source legal team. Alma now leads the IP licensing team and focuses on open source, standards, patent transactions, academic research collaborations, and early stage technology development. He has helped scale open source at Facebook from just a handful of projects in 2010 to now more than 475 active projects. He also led Facebook’s efforts to establish the Open Compute Project and the Telecom Infra Project standards organizations.


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)


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.


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


Van Lindberg is a Member in Dykema's San Antonio, Texas office who concentrates his practice on intellectual property matters.

Van specializes in the intersection of technology and law, and was in 2012 named one of "America's Top 12 Techiest Attorneys" by the American Bar Association Journal. He is a regular speaker on everything from community dynamics to graph theory, and has testified in Congressional proceedings as an expert on both copyright and encryption policy.

Van has particular expertise in the area of open source, with extensive work addressing the legal, economic, and social aspects of engaging with open source communities. He is the author of the book “Intellectual Property and Open Source” and helps businesses with everything from open source compliance to business strategy.

Outside of open source, Van represents companies in high-stakes IP litigation and inter partes review proceedings before the Patent Trial and Appeal Board. Van has represented companies on Capitol Hill, before Congress, and in industry associations. He has led teams through successful mergers & acquisitions, restructurings, and has organized employee agreements to create greater employee satisfaction and promote higher compliance with internal policies.

Prior to joining Dykema, Van was Vice President and Associate General Counsel for Rackspace, a managed cloud computing company headquartered in San Antonio, where he set the strategy and policy around patent, copyright, trademark, trade secret, and open source matters. He is fluent in Spanish.


Dave Marr is Vice President, Legal Counsel at Qualcomm Technologies, where he currently leads the open source practice and policy team.  He has been practicing in the open source legal field since 1996, delivering strategic advice to organizations and providing guidance on community licensing practices.  Dave writes and speaks regularly on FOSS-related issues, their interaction with standard-setting, technology transfer best practices, licensing business models, and other subjects at the intersection of law and high technology. 

Dave serves on the Board of Directors for the Linux Foundation (www.linuxfoundation.org), where he contributes to the direction of several major open source ecosystems, as well as in related ecosystems including standards development organizations.  In addition, Dave chairs the Governing Board for the OpenChain Project (www.openchainproject.org), an organization of leading companies in open source who are working together to make open source compliance more efficient, easier to adopt, and more consistently implemented by the ecosystem at large.

Prior to Qualcomm Technologies, Dave previously worked at Sun Microsystems (at various times supporting Java, OpenSPARC, and Solaris) and Juniper Networks.


Max Sills is the lead open source attorney at Google. His team performs licensing due diligence for acquisitions and divestitures, reviews contracts for licensing issues, and sets open source policy across the company. The team is writing a casebook on open source legal issues: https://opensource.google.com/docs/casebook/.


Nissa Strottman is an intellectual property and technology transactions attorney. She is
currently a Vice President in Visa’sTechnology, IP, Strategic Partnerships and
Innovation group, where works on technology and technology issues, including open
source. Prior to joining Visa, she worked on technology, intellectual property, product,
commercial, and open source matters for Micro Focus, Hewlett Packard Enterprise,
Hewlett-Packard Company, Cisco Systems, and Sun Microsystems. Before going inhouse,
she was in private practice at a patent boutique in Silicon Valley. Nissa received
her J.D. from the University of California, Hastings College of the Law, an M.A. from the
Johns Hopkins University, and a B.A. from the University of California, Santa Cruz.


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.