Law Seminars International Presents: A Comprehensive One-Day Workshop on

Open Source Software
Practical guidelines for locating open source code and determining the best policies to manage it

(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)

June 9, 2008
Hotel 480 Union Square in San Francisco, CA

Who Should Order This Homestudy

Lawyers and business executives involved with software development projects

Why Order

As the intellectual property world continues to grapple with the challenges in this rapidly expanding and uncharted territory of open source software, it is important to know what the current field looks like, points to consider, what tools are available to effectively perform due diligence and what major leaders in the software industry are doing to set a precedent in establishing their own open source policies.

Many organizations have moved to a phase of integrating open source code and collaborative development models into daily operations and business controls.

This workshop is carefully designed to help you look at open source issues on a global and granular level, identify when to take calculated risks and to begin to understand the impact of software patents, and be brought up-to-date on current policy trends.

This program focuses on the use of automated tools including: How to do an open source analysis without going into the programming pits and what course of action to take to fulfill your obligations of due diligence.

This seminar will prove an invaluable resource for anyone who wishes to confidently address, protect and litigate the undeniably pervasive issue of open source and its impact on patent portfolios and general business practices.

~ Program Co-Chairs: Damien P. Eastwood, Esq. and Mark Radcliffe, Esq.

You Will Learn About


Monday, June 09, 2008

8:00 am

Registration and Continental Breakfast

8:30 am

Introduction and Overview: The Open Source Year in Review

Damien P. Eastwood, Esq., Program Co-Chair, Vice President Legal
Sun Microsystems, Inc. / Menlo Park, CA

Mark Radcliffe, Esq., Program Co-Chair
DLA Piper / East Palo Alto, CA

8:45 am

Open Source Strategies

Understanding business models

Larry Augustin, Ph.D., Managing Director
Augustin Ventures / Los Altos, CA

9:15 am

The Merger of MYSQL and Sun Microsystems

Marten G. Mickos, Senior Vice President
Sun Microsystems / Menlo Park, CA

9:45 am

Corporate Open Source Policies and Best Practices for Managing Open Source

The current best thinking on open source policies and processes for managing open source to ensure license compliance and maximizing commercial value.

Valerie Alabanza-Cary, Esq., Assistant General Counsel
Sun Microsystems, Inc. / Menlo Park, CA

Karen F. Copenhaver, Esq.
Choate, Hall & Stewart LLP / Boston, MA

Practical tips for open source including information on appropriate practices and tools available on the new and websites

Phil Robb, Section Manager
Hewlett Packard Company / Fort Collins, CO

10:30 am


10:45 am

GPL 3 Interpretation

Interpretation of the defining license of the Free Software movement and practical tips for compliance: What is the intent of GPL 3? What business models fit the best?

Lothar Determann, Ph.D., Esq.
Baker & McKenzie / San Francisco, CA

Dave Marr, Esq., Chief Counsel
Sun Microsystems, Inc. / Menlo Park, CA

Richard Fontana, Esq.
Red Hat Inc / Raleigh, NC

12:00 pm

Lunch (on your own)

1:15 pm

Open Source in M & A

What acquirors address regarding a target company's open source prior to an acquisition, and what happens with open source after closing the acquisition?

Sherman Chu, Esq., Senior Director
Cisco Systems Inc. / San Jose, CA

Rew Ikazaki, Esq., Associate General Counsel/Legal Director
Sun Microsystems, Inc. / Menlo Park, CA

Eric H. Wang, Esq.
DLA Piper / East Palo Alto, CA

2:30 pm

Integration of Open Source and Commercial Software in Products

How do you incorporate the terms? What makes sense for the developer or vendor and their particular application and business model? What is the impact of GPL 3 on a patent portfolio?

Heather Meeker, Esq.
Greenberg Traurig, LLP / East Palo Alto, CA

David McAllister, Director of Standards and Open Source
Adobe Systems Incorporated / San Jose, CA

3:30 pm


3:45 pm

A Look Into the Future: Predictions and How They Should Influence Your Current Decision Making

What is expected to be finalized this year? What may be happening over the next year, the next decade?

Damien P. Eastwood, Esq., Program Co-Chair, Moderator
Sun Microsystems, Inc. / Santa Clara, CA

Mark Radcliffe, Esq., Program Co-Chair, Moderator
DLA Piper / East Palo Alto, CA

Andrew Aitken, Co-Founder and Managing Partner
Olliance Group, LLC / Palo Alto, CA

Michael R. Cunningham, Esq., Executive Vice President and General Counsel
Red Hat, Inc. / Raleigh, NC

5:15 pm

Evaluations and Adjourn



There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 7 California MCLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.


Our complete Homestudy Course, consisting of a DVD recording and the written course materials, is available for $805. The written course materials alone are available for $100. We will ship your Homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (whichever is later).
Order Homestudy

Faculty Bios

Damien P. Eastwood, Program Co-Chair, Vice President Legal for Sun Microsystems, Inc., leads the worldwide legal organization that provides support related to product, technology and service creation. Previously, he was European Corporate Counsel for Novell.

Mark Radcliffe, Program Co-Chair, partner at DLA Piper and Co-Chair of the firm's Technology and Resource Practice, concentrates in strategic intellectual property advice, private financing, corporate partnering, software licensing, Internet licensing and copyright and trademark. He is listed in Chambers USA: America's Leading Lawyers and named one of Northern California's Top 100 Intellectual Property Lawyers.

Andrew Aitken, Co-Founder and Managing Partner of Olliance Group, LLC, an open source management consultancy, has senior management experience in building and leading national professional service firms, including Renaissance Worldwide and eWork. He is on the Board of Directors of the Open Source Software Institute.

Valerie Alabanza-Cary, Assistant General Counsel in the Products and Law Technology Group within Sun Microsystems, Inc.' Legal Department, is Chairperson of Sun's internal review tool that manages inbound and outbound reviews and policies for open source technology.

Larry Augustin, Ph,D., Augustin Ventures, is an angel investor and advisor to early stage technology companies. He currently serves on the Boards of Directors of Compiere, Fonality, Hyperic, Medsphere, Pentaho, SugarCRM, and XenSource. Worth Magazine named him to their list of the Top 50 CEOs.

Sherman Chu, Senior Director and Head of the Technology Licensing Group of Cisco Systems Inc., oversees legal support for Cisco's Research & Development, manufacturing, marketing, strategic alliances, IT and other organizations. He is responsible for most legal facets of Cisco's use of open source, including creating their original open source usage guidelines.

Karen F. Copenhaver, partner in Choate, Hall & Stewart LLP's Business and Technology Group, focuses on technology transfer and licensing of intellectual property, particularly in the areas of software licensing and open source business models. She is Director of Intellectual Property Strategy for the Linux Foundation and is listed in Chambers USA, Legal 500 and as a Massachusetts Super Lawyer.

Michael R. Cunningham, Executive Vice President and General Counsel of Red Hat, Inc., a provider of open source solutions, has business and legal experience in the global marketplace. Previously he was Associate General Counsel for IBM as well as Partner and General Counsel for PricewaterhouseCoopers.

Lothar Determann, Ph.D., partner at Baker & McKenzie, focuses on software licensing, electronic commerce, data protection, intellectual property and international commercial law relating to technology transactions and outsourcing.

Richard Fontana, Open Source Licensing and Patent Counsel at Red Hat, Inc., was counsel at Software Freedom Law Center focusing on matters relating to the drafting of version 3 of the GNU General Public License.

Rew Ikazaki, Associate General Counsel and Legal Director at Sun Microsystems, Inc., focuses on Intellectual Property Licensing and Technology Service Agreements.

Dave Marr, Chief Counsel to Sun Microsystems, Inc.'s, Open Source Group and Global Engineering Practices, is responsible for open source licensing strategy, its associated legal ramifications, driving policy and process change to address open source risk factors.

David Mc Allister, Director of Standards and Open Source, Adobe Systems Incorporated, focuses on the company's long-term strategic direction as it relates to standards and open source technologies to differentiate Adobe. He is Adobe's representative to Ecma International, a standards body for information and communications technology.

Heather Meeker is chair of the Intellectual Property/Information Technology Licensing and Transactions Practice at Greenberg Traurig, LLP, Chair of the Open Source Committee of SciTech Section of ABA, and an adjunct professor at the UC Berkeley School of Law.

Phil Robb, Section Manager at Hewlett Packard Company leads their Open Source Programs Office, including the FOSSology project, and is responsible for HP's Open Source Review Board. He is also General Manager of, a website and community dedicated to improving the governance and adoption of free and open source software.

Eric H. Wang, partner at DLA Piper, concentrates on corporate securities and mergers and acquisitions. He is recognized as one of the Best Lawyers in the Bay Area in the corporate and securities area in Bay Area Lawyer Magazine.