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Use More Free and Open
Source Software at Work:
How to Approach the
Legal Department
Andrea Casillas & Deb Nicholson
Open Invention Network
August 17th
, LinuxCon Seattle
Who this talk is for
Why to FOSS?
Communal debugging!
Common Pitfalls
“Didn't read”
doesn't mean
“can't affect me”
Permission vs. Forgiveness
Lawyers aren't into this
How to FOSS
Boldly going
where many
have gone before
Licensing
What is
your
business
model?
Choose a license
with a patent
protection clause
Patents
“Anything under the sun that is
made by man”
The Patent Bargain
Protect your assets
“Patent trolls cost defendant
firms $29B/ year in out of
pocket costs.”
Source:The Direct Costs from NPE Disputes.
James Bessen and Michael J. Meurer. Cornell Law Review. 2011
R&D or
policing?
“We were on the brink of
changing the world before
we got stuck in this legal
muck.”
Source: In Technology Wars, Using Patents as a Sword
New York Times, 2012
States Acting Against Bad Faith Patent
Infringement Assertions (as of 7/18/2015)
Courtesy of patentprogress.org
What about federal reform?
Inter partes review
Mutual non-aggression pact,
eg. Open Invention Network
Defensive publishing
Governance,
aka control the chaos
Reuse
ideas!
Organizations that
want to help you FOSS
Free Software Foundation
www.fsf.org
Open Invention Network
www.openinventionnetwork.com
Open Source Initiative
www.opensource.org
Apache Software Foundation
www.apache.org
Professional Legal Networks
European Legal Network
Asian Legal Network
Linux Foundation Member Legal Community
What are you waiting for?
Find a buddy!
Resources:
In Technology Wars, Using the Patent as a Sword.
Oct 7, 2012. New York Times.
Does patent litigation reduce corporate R &D? An
analysis of US public firms. Roger Smeets.
Rutgers University. April 2014
The Effect of Patent Litigation and Patent Assertion
Entities on Entrepreneurial Activity.
Catherine E. Tucker. May 2014
Patent Assertion and Startup Activity.
Colleen v Chien. September 2013.
Will 2015 Be Our Last Real Best Chance for Patent
Reform? Julie Samuels August 12, 2015
Picture Credits
CC.BY
Legal Pad by David Swart (Flickr), Free Range Sofa by Robert Couse-
Baker (Flickr), Computer Monkeys by Chris Lott (Flickr), Banana Peel
by Corrine Brown (Flickr), Hopes Ju Julianar (Flickr), USA261 by
Venturist (Flickr), Me and Bananas by whologwhy (Flickr), Banana
Case by Yuya Tamai (Flickr), Plain English Muffin by m01229,(Flickr),
Canadian Coins by KMR Photography (Flickr), Fez Monkeys Banana
Phone by Cindy Funk (Flickr), Old Wheel by Paul J Everett (Flickr)
CC.BY.SA
Grooming Monkeys by enjosmith (Flickr), Fridge Kittehs 1 by Romana
Klee (Flickr), Portchapel Beach by Jim Champion (Flickr), Flying Dusky
Langur by Tontantravel.com (Flickr), Macaque by Thai National Parks
(Flickr)
Junction Font – OFL (SIL Open Font License)
Questions?
acasillas@openinventionnetwork.com
deb@openinventionnetork.com

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Use More Free and Open Source Software at Work: How to Approach the Legal Department