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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.

The management of FOSS continues to evolve. Many companies have focused on managing their internal resources and repositories. However the rise of GitHub and other online repositories increases the complexity of this management. Samsung recently had this experience native Linux driver for Microsoft’s exFAT file-system which was accidently posted on GitHub. http://www.phoronix.com/scan.php?page=news_item&px=MTQxNzg. Samsung has corrected the problem and released the code under GPLv2. Ibrahim Haddad of Samsung made a wise strategic choice to work with the Software Conservancy’s GPL Compliance Project for Linux Developers to ensure that they maintained good relations with the community.
The Software Conversancy stated that “the Conservancy worked collaboratively with Ibrahim Haddad, the Group Leader for Open Source at Samsung Research America, and fellow community leaders, throughout the process after this code first appeared on GitHub. Conservancy’s primary goal, as always, was to assist and advise toward the best possible resolution to the matter that complied fully with the GPL. Conservancy is delighted that the correct outcome has been reached: a legitimate, full release from Samsung of all relevant source code under the terms of Linux’s license, the GPL, version 2. Conservancy has worked on many difficult compliance matters for many of its member projects (including BusyBox and Samba, in addition to our GPL Compliance Project for Linux Developers). Conservancy thus particularly appreciates Samsung’s celerity, responsiveness, and correct action on this matter.” http://sfconservancy.org/news/2013/aug/16/exfat-samsung/.
This issue may actually be more serious for startup companies, because they tend to use GitHub on a more ad hoc basis. Recently we worked with a startup company that inadvertently posted source code of some of its internal programs on GitHub.
We are continuing to see significant interest in FOSS management by venture investors and acquiring companies. These experiences emphasize the importance of developing and implementing a FOSS management program and including GitHub in the program.

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