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Open source software is provided under diverse and often incompatible licenses which set the critical terms for use and redistribution of code. Open source software use is growing with over 85% of companies currently using open source software. Since open source licensors are becoming more aggressive about enforcing their licenses, it is even more important for companies to be aware of their obligations.This series will assist companies in understanding the legal obligations imposed by these licenses and the best practices in managing these legal obligations.

Black Duck has teamed up with two of the open source industry's legal heavy weights, Karen Copenhaver, partner at Choate Hall & Stewart and Counsel for the Linux Foundation and Mark Radcliffe, partner at DLA Piper and General Counsel for the Open Source Initiative (OSI), to deliver a legal Webinar series that will address a range of issues from the basics of open source licensing to more advanced topics on open source management, strategy and best practices. View the speaker bio's.

Each Webinar was presented live and then archived for future viewing.

Please note MCLE credit is not available for viewing the archived presentations.

For more information click on a Webinar below:
  1. Introduction to Open Source Software LicensesView the recording
  2. Understanding the Top 10 Open Source Licenses - View the recording
  3. Developing in a Hybrid Open Source-Proprietary World - View the recording
  4. Best Practices in Managing Open Source - View the recording
  5. Open Source Due Diligence in M&A and Financing - View the recording
  6. Insights and Lessons learned from the Top OSS Legal Cases - View the recording
  7. Unraveling the Complexities of the GPLView the recording
  8. The Open Source Community vs. Patent Trolls - View the recording
  9. How Today’s Companies are Managing Open Source Software - View the recording
  10. Open Source Exposure via Your Software Supply Chain - View the recording
Sign-up for a live Webinar or view the recording of previous Webinars:

#1 Webinar: Introduction to Open Source Software Licenses

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This Webinar, presented by Black Duck with Karen Copenhaver, partner at Choate Hall & Stewart and Counsel for the Linux Foundation and Mark Radcliffe, partner at DLA Piper and General Counsel for the Open Source Initiative (OSI), covers the basics of open source, including open source definitions, and the different types of licenses.

Open source software has significant benefits and is free, but it is not free of obligations. Gartner Research recently found that 85 percent of companies currently use open source software, but governance and lack of policy is the #1 challenge faced by users. With over 1,400 different licenses available today, each with their own obligations, it can be difficult to properly manage the use of open source. Webinar attendees will learn the basics and advance their ability to reap the benefits of open source while managing the associated risks.

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#2 Webinar: Understanding the Top 10 Open Source Licenses

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Open source software has had a revolutionary impact on the software industry. With the success and ubiquity of many open source projects, most commercial software development teams now mix open source with internal code to speed time to market and reduce costs.

While open source software has enormous potential to be used in new projects rather than reinventing the wheel, it is not a 'free lunch' and each project comes with associated license obligations that must be managed properly.

With hundreds of thousands of open source projects available, governed by over 1,400 unique software licenses, coming to grips with the risks and challenges associated with using open source can be a daunting task.

This Webinar, presented by Black Duck Software with Karen Copenhaver, partner at Choate Hall & Stewart and Counsel for the Linux Foundation and Mark Radcliffe, partner at DLA Piper and General Counsel for the Open Source Initiative (OSI), reviews the top 10 open source licenses, the commonly used terms, incompatibility issues and best practices for dealing with them.

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#3 Webinar: Developing in a Hybrid Open Source-Proprietary World

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The availability of a large and rapidly growing pool of freely available open source software – over 180,000 components at last count – has caused a fundamental change in the economics of software development.  Development projects that were once composed of 100% closed-source and proprietary code now regularly have 25%, 50% or up to 75% of the code based on open source.  For development organizations ,this hybrid approach significantly reduces cost and speeds time-to-market. The genie of open source is definitely “out of the bottle.”

The challenge that arises is that open source software like proprietary software has associated license obligations that, if not managed properly, can expose a company to significant legal risks.  Recent law suits and court decisions reinforce the need to be cognizant of the open source that is used and diligent in the management of compliance with the applicable license obligations just as if they were proprietary software.

In this webinar we answer the questions:

What obligations are imposed by open source licenses?

Why should executive management care about compliance with open source license obligations? 

What are the best approaches to managing the risks?

How can developers be given the freedom to get their jobs done, while controlling risk and ensuring compliance?

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#4 Webinar: Best Practices in Managing Open Source

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The proliferation of OSS use combined with recent legal actions has raised industry awareness that open source code must be managed in compliance with applicable software licenses. Leading development organizations are establishing policies around open source usage and implementing engineering development processes which insure that software products remain in compliance. Join us for a review of industry best practices around the managed use of open source code.

In this webinar, we will discuss:

  • Key issues when defining open source policies
  • Formation of a compliance team
  • Inbound and outbound compliance processes
  • Top implementation approaches

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#5 Webinar: Open Source Due Diligence in M&A and Financing

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Details:

In a recent Black Duck survey, 82% of developers reported using open source software while only 22% of the respondent’s companies have a formal policy or controls governing its use. The widespread adoption and use of open source software has helped development organizations accelerate software schedules. However the uncontrolled use of open source introduces unknown and hidden licensing risks as well as intellectual property issues.  Depending on how the open source software is used can cause inadvertent dilution or loss of the organization’s intellectual property (IP) and hence its value. Problems can surface at inconvenient times such as during M&A due diligence or financing events, causing delays in the process, adversely affecting valuations, and imposing unwanted contingencies.

What you'll learn:

  • The challenges associated with software development that is increasingly relying on open source software integrated with proprietary code
  • Real life examples where software asset values have been negatively affected by discovery of open source and associated IP issues
  • How to minimize or eliminate due diligence delays associated with software asset auditing, licensing and compliance
  • How to maximize your company’s potential valuation

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#6 Webinar: Insights and Lessons learned from the Top OSS Legal Cases

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In this webinar we will talk about what we have learned from the recent legal cases regarding open source licensing, including Jacobsen v. Katzer, the recent enforcement actions here in the United States and in Europe, patent claims asserted against code licensed under open source licenses and the long strange trip that was SCO.

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#7 Webinar: Unraveling the Complexities of the GPL

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Details:

With 65% of the more than 200,000 open source projects available on the Internet using GPL licenses, they are the most widely used open source licenses in the world.   The way that software development organizations integrate code licensed under the GPL and AGPL into their applications and services, and depending on how that code is deployed, can expose a company and its intellectual property to significant risk.  Despite widespread adoption of GPL-based code, developers and end-users continue to wrestle with three main issues regarding GPL license use and obligations:

  • What constitutes a derivative work?
  • What constitutes a separate and independent work?
  • What constitutes distribution?

To gain insight into these complex issues and to learn practical approaches for addressing them, please join Black Duck Software with Karen Copenhaver (Choate, Hall and Stewart) and Mark Radcliffe (DLA Piper), two of the software industry’s most prominent IP lawyers and domain experts with the GPL. 

Note: This webinar does not cover the basics of the GPL and open source licenses.  We recommend viewing our previously recorded webinars on these topics here.

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#8 Webinar: The Open Source Community vs. Patent Trolls - Preserving Developer Freedom

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Patent Trolls are an ever-growing threat to community development and global innovation. IP aggregators purchase low-quality patents and use them as leverage to hijack potential revenue and profits from technology companies, stifling growth and developer freedom. At the same time small and large development organizations alike devote more of their time and resources to defending their IP rights.

Join Keith Bergelt, CEO of Open Invention Network (OIN), Karen Copenhaver, Partner at Choate Hall & Stewart, and Black Duck Software to discuss the latest patent challenges to Linux and the open source community and ways to preserve developer freedom.

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#9 Webinar: How Today’s Companies are Managing Open Source Software – The Top 5 Challenges and How to Overcome Them

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Do the developers in your company make legal judgments about the open source software they choose? How do you meet customer demands to validate the origins of the software in your products? Join us for an in-depth look at how two leading technology companies, Zenoss and Extreme Networks, addressed these challenges and how they manage and govern their use of open source software. Attendees will learn how these companies evolved from having little or no controls on open source, to getting Development and other team member “buy in,” to implementing a formal policy with an automated platform for management and approvals, and the commensurate benefits they realized. Karen Copenhaver and Mark Radcliffe, two of the open source community’s legal heavyweights, will lead the discussion with Addie Welch, Vice President of legal Affairs at Zenoss, and Diane Honda, Vice President, General Counsel at Extreme Networks.

Zenoss is a leader in commercial open source network and systems management.

Extreme Networks designs, builds, and installs sophisticated Ethernet solutions that meet the toughest challenges in network connectivity and IP-based communications

Speakers include:

  • Karen Copenhaver, Choate, Hall & Stewart
  • Mark Radcliffe, DLA Piper
  • Addie Welch, Vice President of legal Affairs, Zenoss
  • Diane Honda, Vice President, General Counsel, Extreme Networks

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#10 Webinar: Open Source Exposure via Your Software Supply Chain: Potential Gaps and Recommended Strategies

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Details:

Development organizations increasingly rely on multiple external sources of software to increase the velocity of application development. Outsourcers and external suppliers are no different, using open source that is then passed on to their customers. The recent Microsoft Windows 7 tool example highlights the problem: a contract developer used GPL licensed code that unknowingly was distributed with a Microsoft product. Microsoft did the right thing by admitting they were in violation of the terms of the agreement, pulled the tool from their online Store, and promised to make the source and binary files available. Open source in software supply chains has caused similar problems for other companies.

This webinar will illustrate with examples common areas of exposure in software supply chains and recommend mitigation and management strategies.

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Black Duck teamed up with the following industry experts to present each Webinar:

KarenKaren Copenhaver

  • Partner at Choate Hall & Stewart
  • Counsel for the Linux Foundation
  • Listed in Chambers USA, Legal 500 and as a Massachusetts Super Lawyer

markMark Radcliffe

  • Partner at DLA Piper
  • General Counsel for the Open Source Initiative
  • Listed in 2009 edition of The Best Lawyers in America in the speciality of information technology law
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