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Open Source Software 2020 – from Compliance to Cooperation


Speaker(s): Daniel Minutillo, Heather J. Meeker, Hilary Richardson, Kevin (Xi Zhao) Wang, Luis Villa, Mark F. Radcliffe, Matt Asay, Maxwell Sills, Pamela Chestek, Tal Yehezkely Samet, Tony Sebro, Van Lindberg
Recorded on: Sep. 29, 2020
PLI Program #: 278894

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.  


Heather Meeker is a partner in O’Melveny & Myers’ Silicon Valley office in the Mergers and Acquisitions practice group and a Founding Portfolio Partner at OSS Capital.

Meeker advises technology clients on intellectual property matters, including licensing and collaboration arrangements, software copyright and patent issues, technology procurement, open source licensing strategies, and intellectual property issues in investments, mergers and acquisitions.  She is an internationally-known specialist in open source software licensing.  Her latest book, Open Source for Business, is a definitive handbook for lawyers, engineers, and businesspersons on open source licensing in business.  Her Technology Licensing: A Primer, is a widely used handbook for technology licensing specialists.

In 2019, Meeker was named by Business Insider as one of the ten people transforming the way the technology industry does business, along with the CEOs of Salesforce, Stripe, and Microsoft.  She was the only lawyer on this list.

Meeker is widely recognized for her leadership in intellectual property licensing law, with Chambers USA, the Legal 500, Best Lawyers in America, and SuperLawyers naming her among the industry’s top lawyers in multiple years. She received the prestigious IP Vanguard Award for private practice from the Intellectual Property Section of the California state bar for 2016.  In 2012, Best Lawyers named her its “San Francisco Information Technology Law Lawyer of the Year.”  In 2018, she was named one of the top Women Leaders in Tech Law by The Recorder.  The Daily Journal named Meeker to its list of “Top 100 Women Lawyers in California” in 2013, and has named her twice to its list of “25 Top IP Portfolio Managers (Licensing) In California.” Managing IP named her to its “IP Stars - Top 250 Women in IP” list in 2013.

She is a member of the Advisory Council for the American Law Institute’s projects on Principles of the Law of Software Contracts (2010) and Restatement of Law, Copyright (ongoing).


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


Tal Samet joined Marvell Semiconductor, Inc. 8 years ago, where she oversees compliance with open source. Tal has over 20 years of experience in software licensing and open source compliance. Prior to Marvell, Tal served as Senior Legal Counsel at Nokia Networks. Previously, she was General Counsel of Atrica, later acquired by Nokia Networks.

She holds a JD (LL.B), Law from The Hebrew University, a L.L.M, High Tech Law Certificate from Santa Clara University School of Law, and a eMBA from Northwestern University – Kellogg School of Management.

 

 

 


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, business operations, 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. In 2017, Tony received an O’Reilly Open Source Award for leadership and outstanding contribution to open source.

Tony is a registered in-house counsel with the California state bar, a member of the New York bar, and registered to practice before the U.S. Patent and Trademark Office. Tony is also on the project leadership committee for Outreachy, an initiative that provides paid remote internships for people interested in contributing to open source communities. People from groups underrepresented in tech are especially encouraged to apply. Tony is an active participant in and supporter of the non-profit community, and has served on the boards of multiple non-profit organizations.


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.


Van Lindberg focuses on intellectual property, copyright, open source and government policy and practice.

Mr. Lindberg specializes in the intersection of technology and law, and was named one of “America’s top 12 Techiest Attorneys” by theAmerican Bar Association Journalin 2012. He is invited to speak regularly on topics ranging from community dynamics to graph theory. Mr. Lindberg has also testified in Congressional proceedings as an expert on both copyright and encryption policy.

Mr. Lindberg has accrued significant expertise and experience in the area of open source, addressing the business, legal, economic and social aspects of engaging with open source communities. He is the author of the book “Intellectual Property and Open Source” a developer-focused guide to intellectual property issues that has been used as a textbook for teaching the concepts of intellectual property and open source licensing.

In addition to open source, Mr. Lindberg represents a variety of companies for high-stakes IP litigation andinter partesreview proceedings before the Patent Trial and Appeal Board (PTAB). Mr. Lindberg has organized employee agreements creating greater employee satisfaction and promoting a higher level of compliance with internal policies and led teams through successful mergers and acquisitions and restructurings.



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.