Why you should attend
Continuous changes in the legal and technical landscape make it critical for IP, technology and business lawyers to keep abreast of the legal and technical issues presented by the open source paradigm. “Open source” software, which is freely available in the form of operating systems, applications, utility code and programming tools, presents an attractive option. However, use of such software can also expose a company to unexpected and unacceptable obligation and risk, depending on the terms of the license that governs its use and distribution. Some companies have discovered that their programmers’ or suppliers’ use of open source material has placed their own intellectual property assets at risk. Parties to commercial transactions, including financings and corporate acquisitions, have discovered that fundamental assumptions about the value proposition of their deal are materially affected by the use of open source software in the acquisition partner’s product development. This program will address the critical issues that IP, technology and business lawyers need to consider in today’s economy. Armed with this information, you will be better able to help your clients make intelligent choices and decisions about how to take advantage of the benefits and manage the risks presented by open source software.
What you will learn
- What is open source software? Why it is so important?
- Understand open source licenses in the context of real life issues
- Get guidance on how to analyze an open source license and its key provisions
- Learn about patents and standards in an open source world
- Navigate new business models based on open source software
- Get guidelines for effective open source development business practices
- Receive best practices for product development and software asset acquisition
Who should attend
This program is designed for computer/technology lawyers, IP lawyers, in-house counsel, and outside corporate counsel whose clients develop, use, distribute or invest in technology.
Morning Session: 9:00 a.m. - 12:45 p.m.
9:00 Open Source Technology and License Overview
A. Setting the Stage: An Introduction to “FOSS” and Copyright Concepts
- What are the main licenses for “free” and “open source” software?
- Why is the legal definition of “derivative work” important?
- What are the main categories of FOSS licenses?
B. Open Source Software and its Licenses
- Program and product structure
- Case study of software architecture relevant to open source
- Choosing and using open source licenses
Marc G. Visnick, Gabriel K. Holloway
10:15 Best Practices for License Enforcement and Avoiding Litigation
- Recent litigation trends
- Avoiding potential traps and pitfalls
- Enforcing license conditions as consideration for free software
- Reciprocity requirements
- Indemnity Issues
Roger G. Brooks, Terry J. Ilardi
11:15 Networking Break
11:30 Effective Business Practices in the Open Source Cloud
- Drafting and implementing a corporate open source policy
- Advising employees on how to work with open source projects
- Conducting an open source audit
- Joining standards organizations
Kathlyn Card Beckles, Ellen Goldberg, Kevin F. Rothman, Juli Smith
Afternoon Session: 1:30 p.m. - 5:00 p.m.
1:30 Ethics: Conflict and Cooperation in Open Source Projects
- Attorneys’ obligations in handling open source matters
- Managing and encouraging engineer participation in open source
- Ethics in negotiation scenarios
- How to handle violations by companies or employees
Lori E. Lesser, Ellen C. Yaroshefsky
2:30 Royalty-Free Patents and Open Standards in Open Source Software
- Patent provisions in open source licenses
- Protecting open source projects from patents
- Recent patent litigation and legislation
- Patents and open standards
Carolyn Blankenship, Kenneth L. Johnson
3:30 Networking Break
3:45 Hot Topics: Critical Issues and Important Cases in FOSS
- Discussion of timely issues confronting the open source community
- Developments at major open source and free software organizations
- Expectations for the future of open source and free software
- Strategic adoption of open source in business and government
4:45 Closing Remarks
Kathlyn Card Beckles
~ Managing Director & Associate General Counsel, Intellectual Property & Technology Law, JPMorgan Chase Bank, NA
Carolyn H. Blankenship
~ Senior Vice President, Associate General Counsel, Intellectual Property, Thomson Reuters
~ Executive Director and Assistant General Counsel, JPMorgan Chase Bank, N.A.
Ellen C. Yaroshefsky
~ Clinical Professor of Law, Jacob Burns Center for Ethics in the Practice of Law, Benjamin N. Cardozo School of Law
New York City Seminar Location
PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.
New York City Hotel Accommodations
Due to high demand and limited inventory in NYC, we recommend reserving hotel rooms as early as possible.
The New York Hilton & Towers, 1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is N495741. Reservations on line at www.hilton.com and enter the same Client File # in the Corporate ID # field to access Practising Law Institute rates.
The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: firstname.lastname@example.org
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Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys. All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.
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