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
Gabriel K. Holloway, Gervase Markham, Marc G. Visnick
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
Daniel Berlin, Mario Madden
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
Adam G. Cohn, Nissa Strottman
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
Jeffrey E. Danley, Gwyn Firth Murray
2:30 Royalty-Free Patents and Open Standards in Open Source Software
- Open Standards and Open Source - what is “Open”?
- How Open Source communities have influenced standards development organizations
- Implementing technology standards with standard-essential patents in open source - practical questions and analysis
- Public policy implications
Geoffrey Creighton, Eduardo Gutentag
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
Karen F. Copenhaver, Lawrence Rosen, Luis Villa
4:45 Closing Remarks
~ Senior Staff Software Engineer and Attorney, Google
Adam G. Cohn
~ Director, Legal Services, Cisco Systems, Inc.
~ Former Standards Director, Sun and Oracle, Independent Consultant
~ Senior Attorney - Open Source Legal Group, Microsoft Corporation
San Francisco Seminar Location
PLI California Center, 685 Market Street, San Francisco, California 94105. (415) 498-2800
San Francisco Hotel Accommodations
The Palace Hotel, 2 New Montgomery Street, San Francisco, California 94105. Call (800) 917-7456 seven days a week from 6:00 am to 12:00 am (PDT) and mention you are attending this program at Practising Law Institute to receive the preferred rate. For online reservations, go to www.sfpalace.com/pli to receive the preferred rate.
Due to high demand we recommend reserving hotel rooms as early as possible.
PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.
Please check the CLE Calculator above each product description for CLE information specific to your state.
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.
Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.
If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.
Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.