Notice

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 earned a B.S. in Chemistry magna cum laude from the University of Michigan and a J.D. from Harvard Law School. I have been practicing law in Silicon Valley for over 25 years and am now a senior partner at DLA Piper. DLA Piper is a new global law firm formed in 2005 from the merger of three law firms. The firm now has 3600 lawyers in 25 countries and 65 cities. My practice is a mix of corporate securities and intellectual property. I work with many startups as well as large global companies. I have had the opportunity to work with companies in many industries, ranging from semiconductor to digital media to open source. I am the General Counsel, pro bono, of the Open Source Initiative and I ran the "Users" committee reviewing the GPLv3 draft.

The DLA Piper 2008 Technology Leaders Forecast Survey found that  the use of open source software, while widespread, remains misunderstood. The Survey found that software companies used open source software in 65% of their products, as compared with use of open source software in 55% of the products of all technology companies. This number drops to 29% of the products when all respondents are included. However, only 48% of these companies have an open source use policy (software companies were more likely to have an open source use policy).

Smaller companies, those with fewer than 1000 employees, used open source software in almost half of their products (44%), yet 35% of these companies do not have open source use policies. Larger companies, those with more than 5,000 employees, reported use of open source software in only 9% of their products and 65% do not have open source use policies. I find that this number for use of open source software among large companies is strikingly low.

I think that the survey reflects a continued misunderstanding among large companies about how widespread is the use of open source software.The failure to have an open source use policy is very dangerous in the world of complicated “hybrid” products: open source licenses do not mix well with commercial licenses without careful analysis. http://lawandlifesiliconvalley.com/blog/?p=18. The risk is particularly high now because the financial downturn means that licensors will be carefully reviewing compliance with license terms to try to find new sources of revenue. For additional thoughts on this issue, you can see my interview. http://www.youtube.com/watch?v=MsZKWFmT0qs&eurl=http://www.dlatechlaw.com/search?updated-max=2008-10-21T13%3A46%3A00-04%3A00&max-results=7

Ray Ozzie, Chief Architect of Microsoft Corporation, led off DLA Piper’s Global Technology Leader’s Summit.  In describing the future of computing, he reminded the audience that the existing operating systems were designed in a world of 56k modems.  He believes that the widespread access to broadband has dramatically changed computing.

He noted that the two major trends that will be critical to the future of computing are cloud computing and consumer use of multiple devices. However, these issues are complicated and will vary by country. He noted that in India, the primary “screen” is the cellphone, yet in the PRC, consumers use both the cellphone and the PC. These devices are used very differently and offer different opportunities: the cellphone is very effective in obtaining information with the PC more effective at manipulating information.

He then turned to the growth of social networks and their potential dark side.  He described the problems that the Well and its community had with flame wars and other bad behavior.  He believes that the current social networks need to be careful about how they run their services to avoid these problems. The most interesting point that he made was that frequently what works in a public social network is likely not to work “inside” the corporation because of the different dynamics.

For more information about the Technology Summit, see the official blog: http://www.dlatechlaw.com/