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Open Source Software 2019 - from Compliance to Cooperation


Speaker(s): Chris Aniszcyk, Daniel Minutillo, Gideon Myles, Heather J. Meeker, Hilary Richardson, Kevin (Xi Zhao) Wang, Mark F. Radcliffe, Matt Asay, Maxwell Sills, Pamela Chestek, Tony Sebro, Van E. Lindberg
Recorded on: Oct. 1, 2019
PLI Program #: 253531

Chris Aniszczyk is an open source executive and engineer with a passion for building a better world through open collaboration. He's currently a VP at the Linux Foundation focused on developer relations and running the Open Container Initiative (OCI) / Cloud Native Computing Foundation (CNCF). Furthermore, he's a partner at Capital Factory where he focuses on mentoring, advising and investing in open source and infrastructure focused startups.

At Twitter, he created their open source program and led their open source efforts. For many years he served on the Eclipse Foundation's Board of Directors representing the committer community and the Java Community Process (JCP) Executive Committee. In a previous life, he bootstrapped a consulting company, made many mistakes, lead and hacked on many eclipse.org and Linux related projects.

In his spare time, you'll find him doing yoga, writing, running or cycling. 


Daniel Minutillo, the founding shareholder, has practiced law in Silicon Valley since 1977. The Firm’s practice is limited to government contract law and international trade law matters (export and import). Dan has received the prestigious “Silicon Valley Service Provider of the Year” award as voted by the most influential attorneys in Silicon Valley.

He has represented large companies doing business around the world including Google, Facebook, Twitter, Dell, Honeywell, Mozilla, Indeed, Reddit, BMC, Square, Ebay, Dropbox, Western Digital, Fitbit, EPRI, among others.

He has worked on the massive US Government SETI (Search for Extra Terrestrial Intelligence) project as well as FOEKE (worldwide nuclear plant design certification), the Olympic Games, the first Obama town hall worldwide webinar, among other leading worldwide projects.

Dan has lectured to the World Trade Association, has taught law for UCLA, Santa Clara University Law School and their MBA program, has lectured to the NPMA at Stanford University, and for the University of Texas School of Law. Dan has lectured to various National and regional attorney associations about Government contract and international law matters. Dan has provided input to the US Government regarding the structure of regulations relating to encryption (cybersecurity). He has been interviewed about international law by the Washington Post, Reuters and other newspapers.

He is the author of four books (unrelated), one of which was a best seller for the publisher, and of dozens of articles published in periodicals, technical and university journals distributed throughout the world. He serves as an expert witness in United States Federal Court regarding his area of expertise.  


Gideon Myles is the head of intellectual property at Dropbox, Inc., where he leads a team responsible for all aspects of Dropbox’s intellectual property globally—including overseeing its patent, trademark, and open source programs. He also supports various other legal teams at Dropbox on matters that intersect with IP law. Prior to his legal career, Gideon was a software engineer at IBM Research and Apple Inc. Gideon received a Ph.D. in computer science from The University of Arizona and a J.D. from Santa Clara University.


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)


Hilary Richardson is an attorney in Google's open source licensing team. Hilary leads the open source governance practice at Google and has co-authored several chapters of the Google Open Source Casebook on topics such as trademarks and contractual ambiguity in open source. Prior to joining Google, Hilary worked on intellectual property policy at Facebook and Twitter. Hilary graduated from Berkeley Law in 2013 and worked at the Electronic Frontier Foundation and the Wikimedia Foundation on nonprofit legal fellowships.


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.


Matt Asay is a software executive heavily involved in open-source software and the trends it has spawned (Big Data, cloud, mobile...). What am I good at? Helping companies make difficult changes and turn strategy into revenue (like Adobe's shift to mobile and a more developer-minded platform approach).

Specialties: Open source, mobile, Big Data, NoSQL, MongoDB, real-time analytics, HTML5, Linux, software, business development, corporate development 


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


Tony Sebro is the Deputy General Counsel for the Wikimedia Foundation, the nonprofit that supports Wikipedia and its related projects. A seasoned professional, Tony helps manage the day-to-day operations of the Foundation's legal department and provides specific expertise relating to technology, intellectual property, open source licensing, non-profit law, privacy and strategy.

Tony joined the Foundation after serving as General Counsel for Software Freedom Conservancy — a public charity that acts as the home for more than 40 free and open source software projects, including Git, Selenium and Samba. Prior to joining Software Freedom Conservancy, he spent time in the private sector with PCT Law Group and Kenyon & Kenyon and as an intellectual property licensing and business development professional with IBM.

Tony earned his Bachelor of Science degree in Mechanical Engineering from the Massachusetts Institute of Technology; an MBA from the University of Michigan - Stephen M. Ross School of Business; and his Juris Doctor degree from the University of Michigan Law School.

Tony is a member of the New York bar and registered to practice before the U.S. Patent and Trademark Office. Tony also is an active participant in and supporter of the non-profit community, and has served on the boards of multiple non-profit organizations.


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.


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/.


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.