Just a reminder, these posts are not legal advice. This site is the personal blog of Mark Radcliffe and the opinions expressed are those of Mark Radcliffe and not those of his clients, DLA Piper or the clients of DLA Piper.

About Me:

Mark Radcliffe

I have been practicing law in Silicon Valley for over thirty years assisting startups and global companies develop and market innovative products and services. I have participated in multiple business cyles in Silicon Valley from hardware to software to internet to cloud. My projects have included developing the dual licensing business model for open source startup, developing the original domain dispute resolution policy for NSI and assisting Sun in open sourcing the Solaris operating system. Recently, I served on the US Japan Innovation and Entrepreneurship Council (one of ten members) to develop a plan to encourage the innovation in Japan and the United States. I have been working with the same attorneys since 1986 although we have merged with other law firms several times. I am now a partner at DLA Piper, a (relatively) new global law firm formed in 2005 from the merger of three law firms. The firm now has 4200 lawyers in 31 countries and 77 cities. My experience in corporate securities (particularly venture capital) and intellectual property enables me to assist companies structure the financing and intellectual property strategy for developing ane exploiting a new product or service. I and my team work with fifty startups at one time as well as Global Fortune 100. I have been fortunate enough to work with companies in software, cloud computing, semiconductor, health care IT and Web 2.0.

On February 10, 2010 the Linux Foundation and the Open Source Initiative will host a Strategic Planning Session for lawyers active in support of adoption of free and open source software.  As we begin a new year and a new decade, we invite you to join us to consider what legal issues we anticipate may arise and what foundations we might be able to lay to support continued unimpeded development and deployment of free and open source software. 

The purpose of the meeting is to collectively look forward and to consider new issues, new venues, and new technologies.   

What do you foresee as the challenges that the community will face in 2010 and beyond?

The session will include panel discussions and updates, but the entire day will be more of a conversation than a lecture.  We want you to come prepared to participate!  Some of the topics that have been suggested already include:  education of the community on patent matters; the Risk Grid and the Linking Project underway at FSFE;  lessons learned from the license proliferation discussion and other comet-like issue phenomena in the open source ecosystem; how FOSS and commercial interests will  co-exist  and change each other  in the longer term; and updates on FOSSBazaar and the SFLC activities.  We are seeking your suggestions for topics to discuss in the registration process and we hope that you will be thoughtful in your response. We also hope to have several seminars by engineers on certain technical issues which are important to legal analysis. 


Date:               February 10, 2010

Time:               8:30 a.m. to 5 p.m.

Location:         DLA Piper LLP, 2000 University Avenue, East Palo Alto, California 94303-2214

Costs:              There will be a cover charge of $30   to cover catering costs for this event but there will be no conference fee.


Please register early as space is limited. For more information please contact: Karen F. Copenhaver ( or Mark Radcliffe (

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