Programs & Events

7:30 a.m.

Registration begins

8:00 a.m.

Optional Tutorial

Heather Meeker, Greenberg Trauring LLP, Tutorial on software engineering and licensing issues raised in the facts of the moot court argument. See www.softwarepluralism.org for an introduction to the legal, technical and business issues raised by the choice between open source and proprietary software.

Download mp3 [36MB; runtime: 40 min.]

• Printable slides
  Slide presentation (Microsoft PowerPoint .ppt)

8:45 a.m.

WELCOME

Bruce Perens, SourceLabs

Download mp3 [19MB; runtime: 21 min.]

9:00 a.m.

APPELLATE ARGUMENT MOOT COURT:

The Scope of “Derivative Works” as Applied to Software: David Bender of White & Case LLP and author of Computer Law and Ieuan Mahony of Holland & Knight LLP will argue the proper scope of “derivative work” under U.S. copyright law when applied to software, before a panel of distinguished federal appellate judges:

• HONORABLE WILLIAM C. BRYSON, U.S. Court of Appeals for the Federal Circuit
• HONORABLE HALDANE ROBERT MAYER, U.S. Court of Appeals for the Federal Circuit
• HONORABLE MARGARET MCKEOWN, U.S. Court of Appeals for the Ninth Circuit

The realistic fact pattern will permit some of the most difficult issues facing practitioners to be debated fully and vigorously. This simulated appellate argument will be preceded by an optional one hour analysis of the legal and technical issues raised in the hypothetical fact pattern.

Download mp3 [85MB; runtime: 1 hr. 33 min.]

Download briefs:

• Moot Court Statements of Fact
• Omega Plaintiff's Brief
• Alpha Defendant's Brief

Special thanks to Tom Graves, Swider Medeiros Haver LLP, author of the briefs.

10:30 a.m.

BREAK

10:50 a.m.

PATENT LAW:

What license should licensors avoid most if they want to protect their patent portfolio? What about licensees? What effect have community efforts to target bad patents had? Will recent efforts to reform the patent system help the FOSS community? Are patent “trolls” a greater threat to FOSS than proprietary software? What impact will recent patent donations and FOSS patent pools have? Should the FOSS community engage in defensive patenting? What effects will the European Union software patent debate have on FOSS? What effect will version 3 of the GPL, and its required and optional provisions relating to software patents, have on FOSS?

MODERATOR:
PROFESSOR GREG VETTER, University of Houston Law Center

• DAVID BENDER, White & Case LLP
• IRA HEFFAN, Goodwin Procter LLP
• SHAALU MEHRA, Perkins Coie LLP

Download mp3 [77MB; runtime: 1 hr. 24 min.]

12:20 a.m.

LUNCH (on your own)

1:30 p.m.

MERGERS AND ACQUISITIONS:

How often is FOSS an issue in mergers and acquisitions? What due diligence is required when it is? What is the best way to structure FOSS due diligence? How does it fit into the context of a transaction? What liability might arise for an acquirer who assists in remediation? When can third party compliance or consulting services help? What would it mean to give a written GPL compliance opinion?

MODERATOR:
HEATHER MEEKER, Greenberg Traurig, LLP

• JOHN BROCKLAND, Cooley Godward LLP
• IRA HEFFAN, Goodwin Procter LLP
• BRAIN KELLY, Manatt, Phelps & Phillips, LLP
• STEVE MUTKOSKI, Microsoft Corporation

Download mp3 [96MB; runtime: 1 hr. 45 min.]

3:30 p.m.

BREAK

3:50 p.m.

RISK MANAGEMENT:

What is the biggest source of risk on the horizon for open source? Are the compliance and IP infringement risks greater for licensors or licensees? What policies and procedures have become risk management best practices, and should they be the same for both licensors and licensees? When is insurance an option? How should companies support contributions to open source projects?

MODERATOR:
BOB GOMULKIEWICZ, University of Washington School of Law

• KIMBERLY CAUTHORN, Kroll
• KAREN COPENHAVER, Choate, Hall & Stewart LLP and Black Duck Software, Inc.
• HENRY W. (HANK) JONES, III, Law Office of Henry W. Jones, III and Intersect Technology Consulting
• CESTJON MCFARLAND, Preston Gates & Ellis LLP

Download mp3 [60MB; runtime: 1 hr. 05 min.]

5:00 p.m.

GPL VERSION 3 DRAFT:

What does the new draft mean to you and your clients? How can you participate in the comment process? What effect will the new "Digital Restrictions Management" provisions have? How does the draft enhance license compatibility? What effect will the required and optional provisions relating to software patents have?

MODERATOR:
DAN LASTER, University of Washington School of Law

• KAREN COPENHAVER, Choate, Hall & Stewart LLP
• HEATHER MEEKER, Greenberg Traurig, LLP
• SHAALU MEHRA, Perkins Coie LLP

Download mp3 [44MB; runtime: 48 min.]

5:45 p.m.

CONCLUDING REMARKS

Professor Jane K. Winn, University of Washington School of Law

5:50 p.m.

RECEPTION HOSTED BY PRESTON GATES & ELLIS