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Open Source and Free Software 2013: Benefits, Risks and Challenges


Speaker(s): Adam G. Cohn, Amanda Brock, Daniel Berlin, Duane Valz, Gabriel K. Holloway, Geoffrey Creighton, Gervase Markham, Gwyn Firth Murray, Harrison "Buzz" Frahn, Heather J. Meeker, Jeff Luszcz, Lawrence Rosen, Luis Villa, Marc G. Visnick, Mitch Segal, Pamela Chestek
Recorded on: Dec. 11, 2013
PLI Program #: 42692

Daniel Berlin is an attorney with Google's Open Source Program Office, where he is responsible for Google's open source licensing and license compliance work. He also advises several open source projects and related non-profits. He is also an avid open source contributor, having contributed to a large number of open source projects over the years, and is a maintainer of for several well known open source compilers (GCC, LLVM). He holds a law degree from George Washington University, and a BS in Computer Science from the University of Rochester.


 


Geoffrey M. Creighton is a Senior Attorney in Microsoft's Corporate Standards Group, which is responsible for Microsoft's legal, strategic, and policy engagements worldwide regarding technology standards and interoperability among computing platforms.

His current engagements include work in support of the Patents and Standards Interest Group at the World Wide Web Consortium (W3C) and the governing boards of standards-development organizations such as the Organization for the Advancement of Structured Information Standards (OASIS), Distributed Management Task Force (DMTF), Advanced Message Queuing Protocol consortium (AMQP.org), Open Networking Foundation (ONF), Object Management Group (OMG), Storage Networking Industry Association (SNIA), and legal support for those engaged at ISO/IEC, the China Electronics Standards Institute (CESI), and others.

Before joining Microsoft in 2007 Geoffrey was, among other things, a small-company general counsel (Global IP Sound, a Voice over IP software developer), medium-sized-company chief counsel (ZD Events, producers of COMDEX), large-company licensing counsel (Sun Microsystems Inc.), and a trade-secrets litigator (McCutchen Doyle Brown and Enersen, now known as Bingham McCutchen). He co-authored a chapter in the California Continuing Education of the Bar treatise on trade secrets, and has given presentations at the national meeting of the Association of Corporate Counsel, among other professional activities. Before attending law school he spent a couple of years in the publishing industry.

Geoffrey is a graduate of Stanford University and the University of Michigan Law School, and is a member of the California Bar.
 


Buzz Frahn is a Partner in the Firm’s Litigation Department. His areas of practice are intellectual property and antitrust.

Buzz has first-chaired multiple jury trials. He has tried numerous complex, high technology cases, including trial wins for Cisco and other clients in patent cases tried to verdict. Buzz regularly represents Cisco, Intel, Qualcomm, SAP, Xilinx, Daiichi Pharmaceutical, Elpida and Human Genome Sciences in patent and other litigation. His antitrust experience includes a number of cases for technology clients, including achieving favorable results for Elpida in criminal and multi district civil litigation relating to the alleged price-fixing conspiracy in the Dynamic Random Access Memory (DRAM) industry. He currently represents Chimei Innolux and Elpida in connection with ongoing investigations and litigation in two of the largest criminal price-fixing investigations in history. Buzz also represents leading investment banks and private equity funds.

For his pro bono work, Buzz received the 2010 Pro Bono Advocate award from Legal Services for Children. Buzz is consistently recognized as a national “Litigation Star” for Intellectual Property by Euromoney’s Benchmark Litigation. He has been recognized by Super Lawyers as a top IP trial lawyer for Northern California in 2011 and 2012.

Buzz began practicing law in Simpson Thacher’s New York office and was one of the founding members of the Palo Alto office in 1999. He received his undergraduate degree from the University of Virginia in 1989 and his J.D. from Vanderbilt University Law School. He is admitted to practice in the state and federal courts of California and New York, in the 2nd, 9th and Federal Circuits, and before the U.S. Supreme Court.


Gervase Markham works for Mozilla, the open source software project behind Firefox, Thunderbird, Firefox OS and other initiatives to keep the web open and free. His 13 years with the project have led to the acquisition of an eclectic range of responsibilities, but he is currently focussed on issues of project governance, licensing and trademarks - hence his business-card title, "Governator". He is the first port of call for copyright questions within Mozilla, and was one of the team working on the recently-released Mozilla Public License 2.0.

He has no formal legal training, but describes himself as Mozilla's jailhouse lawyer.

He lives in Sheffield, UK, with his wife and three children (one not yet born). He is a follower of Jesus, a lover of good cheese, and a supporter of Liverpool FC. His website is http://www.gerv.net/.


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)


Lawrence Rosen is both an attorney and a computer specialist. He is founding partner of Rosenlaw & Einschlag, a technology law firm that specializes in intellectual property protection, licensing and business transactions for technology companies.

In addition to this law practice, Larry also served for many years as general counsel of the non-profit Open Source Initiative (OSI). He currently advises many open source companies and non-profit open source projects, including as member of and counsel to Apache Software Foundation and as a member of the board of directors of Open Web Foundation.

Larry currently serves on the board of directors of International Characters, and on the advisory boards of SpikeSource, Black Duck Software, and Jaspersoft. Larry's book, Open Source Licensing: Software Freedom and Intellectual Property Law, was published by Prentice Hall in 2004. He is a Lecturer in Law at Stanford Law School.

Before he became an attorney, Larry was a computer technologist. He managed computer activities and taught computer programming and data base design at Stanford University, later going into industry where he coordinated the design, development, manufacturing and marketing of data communications products. In addition to helping bring a number of technology companies to profitability, Larry also served for many years as chair and member of the board of directors of Silicon Valley Credit Union, and has helped form and served on the boards of several non-profit charitable and mutual benefit organizations. He received his bachelor's degree from Dartmouth College, went to graduate school in computer science at the University of North Carolina at Chapel Hill, and received his law degree from Santa Clara University. His law firm has offices in Ukiah and Los Alto Hills, California, and on the web.

Larry often publishes and speaks around the world on open source and intellectual property issues.


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.


Adam Cohn is Senior Counsel at Evernote Corporation.  Adam has lived and worked in the Bay Area since 2000, starting out at Sun Microsystems, and later serving as Legal Director at Cisco, where he owned legal support for the company’s open source licensing policies and practices.  Before moving to the San Francisco Bay Area, Adam spent several years at the Federal Trade Commission in Washington, DC, filing some of the Commission's first internet cases and leading the Commission's telecommunications fraud team.  Adam is a graduate of Harvard Law School and has a BA from Cornell University.


Duane Valz has counseled a wide variety of privately held and public companies on law, technology and business matters. Immediately prior to Zymergen, Duane was a member of the Patent Team at Google, where he led strategic IP initiatives bearing on mobile, cloud, web and open source technologies. He was also previously Associate General Counsel in charge of patent development at Yahoo! Duane began his career at Howard Rice Nemerovski Canady Falk & Rabkin (now combined with Arnold & Porter LLP). He holds BA and JD degrees from the University of California, Berkeley.


Gabriel Holloway is an attorney based in Minneapolis Minnesota in Leonard, Street and Deinard's intellectual property/information technology practice group. He has a diverse practice that includes technology transfers, intellectual property licensing, and patent litigation. Gabe's non-legal experience includes software development with C++, C, Java, IDL and Python in Windows, Mac OS and UNIX environments.


Gwyn Firth Murray is founder and principal of the Matau Legal Group, which offers a broad range of commercial, licensing, and other legal services to both start-up and established companies in the high tech and biotech industries in the United States and internationally (see www.mataulegal.com). One of the “early adopters” in the legal community with respect to free and open source software issues, she also is co-founder of Open Bar, Inc., a not-for-profit organization focused on legal rights and responsibilities in the world of open source software.

Gwyn has spent over twenty years working as inside and outside counsel to computer hardware, computer software and pharmaceutical companies, including Apple Computer, SGI, and Alza Corporation. While at SGI, she served as the chief lawyer supporting SGI’s Latin America and Canada businesses, where her responsibilities included setting up and equipping subsidiary offices, drafting and negotiating computer sales, service, and support agreements throughout the region, and managing all legal aspects of the regional offices’ businesses. Gwyn was the first lawyer to join VA Linux Systems, Inc. (now “Geeknet”) as internal counsel, and she served as Vice President, Legal Services for VA during its first year as a public company. After leaving VA, she went on to become Vice President and General Counsel of Kanisa Inc., a privately-held software company based in Cupertino, California, before undertaking her own law practice.

Gwyn is a graduate of Stanford University Law School, and also holds an M.A. in Latin American Studies from Stanford University. She obtained her B.A. magna cum laude and with distinction in economics from Yale College. Gwyn is fluent in Spanish and Portuguese.


Marc Visnick is a forensic software analyst and attorney based in Portland, Oregon, and a senior consultant with Johnson-Laird, Inc. He specializes in forensic software analysis for patent, copyright and trade secret litigation, as well as software due diligence, independent development project design and supervision, and electronic evidence preservation, recovery and analysis. Mr. Visnick is past Chair of the Oregon State Bar Computer and Internet Law Section.


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.