This session will focus on how Legal can help enable the development organization to best utilize Open Source Software in efforts to bring products to market quicker and reduce Total Cost of Ownership. Legal can better enable the business by doing a variety of things, including: educating development teams on the structure of open source communities, the various licensing structures, the structure and considerations in creating a community, and the need for auditing of internal use behavior. Several case studies based on experiences at IBM and Intuit will help illustrate the value of having clear processes and strategic messages around Open Source Use and Participation.

After Wall Street's Chernobyl: Funding Open Source through the Downturn
Larry Augustin, Angel Investor (Moderator)
Peter Fenton, General Partner, Benchmark
Ryan Floyd, General Partner, Storm Ventures
Tim Guleri, Managing Director, Sierra Ventures

If open source is set to make significant gains during our recessionary economy, as many claim, why aren't VCs funding more open-source companies? Or are they? In this session, leading open-source venture investors will discuss investing strategies for open source in light of a tight economy, highlighting possible exits, areas of under-investment, and what it means to "invest in open source" when open source has become part of most software businesses today.

Drafting and Enforcement of Open Source License Terms after the Jacobsen v. Katzer case
Lothar Determann, Partner, Baker McKenzie

This session summarizes the practical impact of a recent, highly publicized case and offers hands-on tips for open source business models as well as drafting and enforcing license terms in various real-world license scenarios.

This panel will take a close look at how the value and relevance of Linux and open source have come into question. Is it fueling what growth is still happening in the software market, or has it lost its luster in a bleak economy? Is it a catalyst from the ruins in markets like fintech, or a risky bet during hard times?

The CEO-studded panel will share how their companies are faring in this economic climate while debating whether or not open source software companies will survive the storm. Some panelists are expected to assert that open source is enabling the next generation of startups, especially now, when raising capital is nearly impossible. Others will argue that open source doesn't matter any more; it's all about collaboration and the way the software is licensed is secondary. These panelists will also discuss how open source is enabling today's most promising IT trends, such as Web 2.0, cloud computing and SOA. Attendees can determine for themselves whether these CEOs are blowing smoke or building the foundation for a new software economy.

Going Commercial: Transitioning an Open Source Project to a Commercial Company
Mark Radcliffe, Partner, DLA Piper US LLP

Panel:
Jay Batson, CEO, Acquia, Inc.;
Eric Gries, CEO, Lucid Imagination, Inc.;
Navin Nagiah, CEO, DotNetNuke, Inc.

This presentation will discuss the options for an open source project to engage with commercial companies. The panel will include experienced CEOs who are have recently commercialized communities as well as legal counsel. The panel will address the following issues:

Business models
Managing communities
Trademark issues
Contribution agreements
Employment issues
Licensing issues

Six Easy Pieces in Quantitatively Analyzing Open Source Projects
Dirk Riehle, Director, Open Source Research Group, SAP

Effective Marketing and Sales for Open-source Businesses
Zack Urlocker, VP of Marketing Operations, Sun (Moderator)
Roy Russo , CEO, Loopfuse
Greg Armanini, Director of Marketing, Zimbra
Mark De Visseri, CEO, Sonatype
Mike Olson, CEO, Cloudera
Tara Spaulding , VP of Marketing, Groundwork

Open-source businesses are online businesses, which affords all sorts of opportunities to nurture prospective customers. In this session, leading experts will describe best-practices in the art of marketing and selling in an
open-source business, practices that have relevance beyond open source. Audience members will be exposed to real-world techniques used by successful OSS companies, that lead to better sales lead quality, shorter sales cycles, and higher marketing efficiency.

Legal Issues in Commercial/FOSS "Dual-Licensing"
Robert Blasi, Partner, Goodwin Procter LLP

In the current economic climate, many businesses are investigating the use of open source software to reduce their licensing and development costs. Some companies are considering licensing their proprietary software under an open source license to keep up with their open source competition. Still other companies are considering "dual licensing"
strategies to drive hardware sales or develop their consulting businesses. This session will discuss the legal issues associated with dual licensing strategies and their business applications.

Moving Open Source Up the Stack
Joseph A. di Paolantonio, Principal Consultant/Blogger/Analyst, InterActive Systems & Consulting, Inc. (Moderator)
Christopher D. Coppola, President, The rSmart Group
Aaron Fulkerson, CEO/Founder, mindtouch
Tim Golden, Vice President - Unix Engineering, Security & Provisioning, Bank of America
Gabriele Ruffatti, Architectures & Consulting Director, Research & Innovation Division, Engineering Group, Engineering Ingegneria Informatica S.p.A.
Lance Walter, Vice President - Marketing, Pentaho

Open Source Solutions for IT infrastructure have shown great success in organizations of all types and sizes. OSS for business applications have seen greater difficulties in penetrating the glass ceiling of the enterprise stack. We have put together a panel representing the EU and the US, system integrators, vendors and buyers, and corporate focus vs. education focus. We''ll explore how the OSS application strategy has changed over the past four years. We will also look at success and failures, the trade-offs and the opportunities in solving business/end-user needs with OSS enterprise applications.

Learning Objective 1: Most buyers know the 80% capability for 20% cost mantra of most OSS vendors, but we''ll focus on what that lower cost actually buys.

Learning Objective 2: Where does OSS fit in the higher levels of the application stack? Learn how flexibility & mashups can improve the end user experience.

Learning Objective 3: Learn how to come out ahead on the trade-offs of up-front cost vs. operational cost, experience and learning curves, maintenance and replacement, stagnation and growth.

The Elimination of Operational Risk and Maximization of Operational Efficiency in the Enterprise: The Audacity of Open Source Hope
Heather Meeker, Partner, Greenberg Traurig (Moderator)
Greg Olson, Managing Partner, Olliance Group (Moderator)
Chris DiBona, Open Source Program Manager, Google
Timothy Golden, Senior Vice President, UNIX Engineering, Security and Provisioning, Bank of America
Carol Rizzo, CTO, Kaiser Permanente
Sam Parker, SVP Operations, CBS Interactive

In today’s ultra-competitive and financially constrained marketplace today’s CIO needs to leverage every available asset at his or her disposal. To this end, organizations must ask themselves, “Are we adequately leveraging Open Source Software to meet our strategic IT goals and business objectives?” If that answer is ‘no’, then your company may be missing out on one of the IT industry’s key drivers for improving RIO, TCO, client satisfaction, and employee morale.

Open Source Software (OSS) adoption is accelerating as companies begin to appreciate and realize benefits such as: lower cost-of–ownership; quicker time-to-market; shorter development cycles; reduced vendor lock-in; a vast array of support options; higher code quality; increased code reuse.

While every IT organization has the potential to access these benefits, they often go untapped due a lack of understanding of how to unlock and harness the power of Open Source Software. The fundamental challenge facing these organizations is to eliminate operational risk while maximizing the efficiencies associated with open source software.

The fact is that most companies don’t know open source packages/code they are using; their information systems do not distinguish how the OSS is being used (end use, development use, product embedding); OSS licensing terms can be hard to verify (information lacking, necessity to download massive packages to find licenses, multiple licenses in package, layers of licensing terms); package level diligence is only as accurate as project due diligence and management; they lack the business processes to avoid duplication of work, and they lack the business processes to automate and streamline review. The solution usually comes down to the development of a coherent strategy, a comprehensive policy, and procedures that clearly outline how open source software will be acquired, used, managed, and supported by the organization.

Everyone knows that the most successful commercial open source vendors build thriving community around their project. But how exactly is this done? Likewise, the most successful corporate adopters of open source technology have found that active participation in the community can pay huge dividends. But what does "active participation" actually mean?

In this session, Drupal project lead and Acquia co-founder and CTO Dries Buytaert will share his secrets for building and participating in a thriving open source community. He'll describe the mind set, mechanisms, and policies that are essential for community growth and share examples of both success and failure that he's directly experienced while succeeding with the Drupal project.

Vendors will come away with clear action plans for kick-starting their community development efforts and strategic adopters of open source will learn how to leverage open source project participation to multiply return on investment.

Managing the Use of Open Source Software in a Proprietary Environment: Lessons from In-House Counsel
Virginia Tsai Badenhope, Associate, Smithline Jha (Moderator)
Joyce Chow, Director, Legal - Software Products, Apple Inc.
Gary Spiegel, Assistant General Counsel, Sun Microsystems, Inc.
Duane Valz, Vice President, Global Patents, Yahoo! Inc.
Angela Ziegenhorn, Director, Legal Department, Symantec

By now, most legal departments realize that open source software is being used throughout their organization in a variety of ways, often without their advance knowledge, review or approval. Most legal departments also realize that trying to prohibit the use of open source software is an outdated approach that is neither possible nor desirable to achieve. Open source software offers too many advantages, and their engineers are hungry to use it and to participate in the open source community. Having come to these realizations, legal departments are faced with the ongoing struggle to understand and manage the legal risks and obligations associated with the use of open source software. They must strike a careful balance between protecting their organizations from undue risk while allowing their organizations to benefit from the innovation and cost-savings of open source.

A few of the many issues confronting in-house counsel with respect to open source software are:

• How to ensure that open source software is entering their organizations in a controlled and disciplined manner
• How to devise a systematic rather than ad hoc approach to evaluating the use of open source software
• How to streamline the legal and business review processes so that they do not become engineering bottlenecks
• How to draft and implement an effective open source policy that fits their organization’s tolerance for risk
• How best to work with business owners and engineers so that all interested parties in the organization have sufficient information to properly weigh the benefits of a particular use of open source software against its risks and license compliance obligations
• How to ensure compliance with open source license obligations consistently and efficiently

In this session, our panel of in-house and law firm counsel will share how they are responding to these challenges. Come and see what has (and has not) been working for them, and add your insights.

Open Source Adoption - What Your Peers Are Up To
Jeffrey Hammond, Analyst, Forrester Research

It's no surprise that the current recession has many large IT organizations giving open source software a new look as a viable cost cutting option. Join Principal Analyst Jeffrey Hammond as he presents Forrester's latest data on open source adoption across North American and European enterprises. Jeffrey will also examine the concerns that slow adoption and present best practices that help organizations pivot from tactical acquisition to strategic exploitation.

A Successful Business Model for Open Source Systems
Fabrizio Capobianco, Chief Executive Officer, Funambol

Monetizing open source is like walking a tightrope. On one side, you have to preserve a strong relationship with your community; on the other side, you have to create revenue to sustain your business. Many models have been tried. Some have failed. Few have succeeded so far. While we are still waiting to see which model will actually scale, a looming change is in front of us: Software as a Service (SaaS). How do you protect open source software in a SaaS environment? How do you monetize a dual licensing strategy in this case? What if consumers are accustomed to free services and do not want to pay a license anymore? During this talk, Fabrizio Capobianco, CEO of Funambol, will look at future scenarios, proposing a potential sustainable OSS business model for the networked world.

Open Source in the Cloud: Legal Strategies
Harvey Anderson, General Counsel, Mozilla (Moderator)
Richard Fontana, Red Hat
Sara Harrington, Partner, Wilson Sonsini Goodrich & Rosati
Mark Radcliffe, Partner, DLA Piper


The increasing prevalence of web services provided on a standalone basis and integrated into software raises some interesting questions in the context of open source licensing. An open and thoughtful dialogue is required to reach a shared understanding on the terms that govern the provision of web services. Open questions include: i) what principles and criteria should inform the creation of web services terms; ii) how do you balance the interests of the users and the service providers; iii) are web services licenses, agreements, or terms of use; and iv) should web services be on or off by default? These are just a few of the key questions that will be addressed in this session.

Open-Core Licensing:  The New Business Model Standard for Commercial 
Software

Moderator:
Dave Rosenberg, COO and GM, Americas, RiverMuse (Moderator)
Andrew Lampitt, VP of Marketing and Co-founder, Zagile
Ed Boyajian, CEO, EnterpriseDB
Aaron Fulkerson, CEO, MindTouch

High prices and lack of transparency have prompted introduction of the
fundamental benefits of open source to a new generation of software
developers. Initially the open source torch was brought back by grass
roots projects such as Linux, Apache, and MySQL. Now a whole
generation of open source software tools, components, and applications
has emerged. As those open source project communities have grown,
commercial open source companies have been attracted to offer
sponsorship and support of those projects.

Although they typicallyfirst offered only technical support and
training, those commercial opens source vendors have now evolved their
business models to now offer premium add-ons for purchase. This
commercial open source business model has become a de facto standard
known as open-core licensing, a model used by Jaspersoft, Zimbra,
SugarCRM, Hyperic,Talend, and Sun.

This session will compare and contrast business models of traditional,
proprietary vendors such as Oracle, Microsoft, and IBM (all making
forays into open source) with those of the new generation of open-core
licensing vendors. Contrary to some beliefs, open source particularly
with an open-core licensing business model is also a great way to
drive adoption of innovative technology. All of these factors will
have major vendors such as Oracle, Microsoft, and SAP faltering unless
they can react quickly enough to adjust their models accordingly.

Shims and Shams: Firewalling Proprietary Code in a Copyleft Context.
Jeffery Norman, Partner, Kirkland & Ellis LLP

Copyleft or reciprocal licenses often depend on the copyright concept of a "derivative work" to define the scope of works that will be subject to the reciprocal license terms. OSS pundits, academics and practicing lawyers often disagree in many common scenarios as to the circumstances that would trigger the creation of a derivative work, making it risky in many cases to combine proprietary and copyleft code in a single project. This topic will examine in detail several process-based techniques as well as substantive programming methods that may be used to attempt to firewall proprietary code from code that is subject to a copyleft license. The various firewall techniques will also be examined for efficacy in light of existing case law.

Open Sourcing Video: the potential and pitfalls of open source video in a downward economy
Shay David, CTO, Kaltura

Online video consumption is rapidly growing, and with it the number of web publishers looking for ways to join the video revolution by enhancing their sites with engaging rich media applications. As opposed to the free and open nature of text, audio and images on the web, video is dominated by costly and cumbersome proprietary technologies. The barrier created excludes many web publishers and negates the culture of participation usually fostered by the web. Open source solutions in video are not only less costly, they're also more flexible and consistently innovative. Harnessing the strength of community participation enables open source alternatives to provide a multitude of free highly-integrated solutions for a wide variety of use cases and verticals in a fraction of the time. In this session we will discuss the benefits and challenges posed by open source video, instantiated through recent case studies of sites developing their own open source interactive video applications. We will also introduce the Open Video Alliance, a group of organizations, developers, creators, and academics all striving to foster the open source online video revolution.

How U.S.-based FOSS Companies Effectively Market to Europeans
Sandro Groganz, Founder and Principal, InitMarketing

The financial crisis hit the U.S. more than Europe and the Euro is a strong currency. No wonder U.S.-based companies offering Free and Open Source Software (FOSS) and services are increasingly thinking about entering the European market or extending their presence.

This talk will shed a light on the general differences in marketing FOSS products and services in the USA compared to Europe. It will discuss the most promising go-to-market strategies for Europe, how to approach public administration and whether to open subsidiaries and where. Recommendations will be provided for marketing communications and PR as to how it can deal with the diverse European culture-specific communication styles and combine that with the lingua of a global FOSS community. Finally, hands-on advice will be given based on marketing case studies.

Leveraging Communities 
Dave Neary, Consultant, Neary Consulting

Mobile Open Source Makes Its Move ... Quietly
Jay Lyman, The 451 Group (Moderator)

Watching for Alligators: Understanding How Open Source Impacts M&A Transactions
Chad King, Partner K&L Gates

As the use of open source continues to grow, more companies are facing unique challenges as they attempt to identify and address open source in the M&A process.  This presentation will discuss issues such as:

• How to identify and track open source compliance for due diligence purposes
• Industry trends regarding open source representations, warranties and indemnities
• What are the risks if open source usage is not accurately disclosed
• Special legal considerations when bringing open source products into a closed-source company through a merger or acquisition

This session will focus on real-world issues and examples, and offer suggestions on how companies can handle these issues today.