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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, Matthew Asay, Maxwell Sills, Pamela Chestek, Tal Yehezkely Samet, Tony Sebro, Van Lindberg
Recorded on: Sep. 29, 2020
PLI Program #: 278894

Heather Meeker is a partner in O’Melveny & Myers’ Silicon Valley office in the Mergers and Acquisitions practice group.

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. 

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 2018, she was named one of the top Women Leaders in Tech Law by The Recorder. In 2012, Best Lawyers named her its “San Francisco Information Technology Law Lawyer of the Year.” 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 and governance 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. 


Luis is the General Counsel and co-founder of Tidelift, a company that helps professional software teams address security, legal and maintenance issues with their open source dependencies by paying open source developers to do core maintenance work. 

Before founding Tidelift, Luis was Deputy General Counsel at the Wikimedia Foundation, an associate at Greenberg Traurig, and lead author of version 2.0 of the Mozilla Public License. He has also held non-legal leadership roles at Wikimedia, the GNOME Foundation, and the Open Source Initiative. Before law school, he was a programmer, part of a successful exit at early Linux desktop company Ximian, and co-author of a book on open source operating systems for the first generation of Lego Mindstorms robots. 

 



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.  


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 


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 General Counsel for Change.org, the world’s largest nonprofit-owned tech platform for social change. As the organization’s Policy and Legal team lead, Tony is responsible for ensuring the open platform remains safe and that the rights and responsibilities of its half a billion users worldwide remain protected and enforced—enabling anyone, anywhere to create the change they want to see. His day-to-day work includes leveraging his specific expertise in technology, online platforms, business operations, privacy, open source, and strategy to help Change.org achieve its long-term vision.

Prior to joining Change.org, Tony was the Deputy General Counsel for the Wikimedia Foundation, the nonprofit that supports Wikipedia and its related projects. He also served as the 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 an active participant in and supporter of the non-profit community, and has served on the boards of multiple non-profit organizations.


Mark Radcliffe is a senior partner who practices corporate securities and intellectual property law at DLA Piper. DLA Piper has over 4200 lawyers in more than 40 countries. He earned a B.S. in Chemistry magna cum laude from the University of Michigan and a J.D. from Harvard Law School. Mr. Radcliffe’s practice focuses on representing corporations in their intellectual property and finance matters. He has worked both on transactions implementing blockchain technology and initial coin offerings as well as security token offerings. 

His combination of experience in corporate transactions and intellectual property (particularly open source licensing) make him particularly well suited to assist on blockchain issues. He has worked on over 1,000 venture transactions. Virtually all blockchain software is licensed under open source licenses and he is one of the most experienced open source software lawyers in the world. Chambers USA, the legal publisher, has repeatedly recognized him as "outstanding" and "a leader in open source-related matters." Chambers & Partners has commented that Mark "has a wealth of experience in the technology sector. Clients particularly value the proactive approach he takes to understanding their needs and the strategic advice that follows." "He is also well known for his specialist expertise on open source matters."

He has worked on open source software matters for over 20 years and has advised global Fortune 500 companies on their open source matters including Oracle, Red Hat, Sun, Adobe, Palm, eBay and Accenture. He also represents or has represented many "open source" startup companies. He assisted Sun in “open sourcing” the Solaris operating system and ran one of the four committees rewriting General Public License version 2 to create General Public License version 3.

He also has experience on advising companies and investors on token offerings, both in the US and globally. He has worked with a number of startups who are using token offerings to raise capital in addition to venture financing and discussed the issues in the following article: https://bravenewcoin.com/news/icos-and-hybrid-token-offerings-a-legal-perspective/. He was the co-author of an article on the issues for venture investors https://www.pehub.com/vc-journal/rise-tokens-critical-considerations-vc-firms/.  He was involved in the effort by the Wyoming Blockchain Coalition to enact statutes to define “utility tokens” which was successful and was quoted in the Wall Street Journal on the issue: https://www.wsj.com/articles/daviss-take-crypto-cowboys-ready-to-lay-down-the-law-1520512200.  He has assisted companies in a wide range industries on blockchain matters, from the formation of a consortium by Global Fortune 100 energy companies, to assisting a major media company in selling tokens that it received in a venture capital transaction to advising a cryptocurrency exchange on the risk of listing certain tokens under the current SEC guidance.

In April 2009 (the first year of the award), he was recognized for his experience by Intellectual Asset Management magazine as one of the World’s Leading 250 IP Strategists. He has been recognized by Intellectual Asset Management magazine again in each year to the present. In 1997, the National Law Journal 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. 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.


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 the American Bar Association Journal in 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 and inter partes review 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.