Open Source Licenses After Jacobsen v. Katzer

Best Practices for Copyright Compliance in Software Licensing

Recording of a 90-minute CLE teleconference with Q&A


Conducted on Wednesday, November 5, 2008
Recorded event now available


Description

The U.S. Court of Appeals for the Federal Circuit settled the question of the enforceability of open source licensing with its ruling in Jacobsen in August. The decision expands the scope of liabilities for users who fail to adhere to an open source license condition requiring attribution.

From now on, there is no dispute that open source software creators can sue users that fail to comply with the licensing terms for infringement, regardless of whether the user paid for such use.

To avoid charges of copyright infringement, licensees and their counsel should manage and account for the open source use to ensure they strictly comply with the obligations and restrictions of the license agreements.

Listen as our authoritative panel of IP attorneys examines the Federal Circuit’s ruling in Jacobsen, its impact on licensing, and best practices for open source licensing going forward.

Outline

  1. Open source licenses
    1. Background
    2. Type of licenses
  2. Jacobsen v. Katzer (Fed. Cir. Aug. 13, 2008)
    1. Background
    2. Federal Circuit’s ruling
    3. Enforceability of open source licenses
    4. Covenants and conditions
    5. Remedies
  3. Impact of the Jacobsen decision
    1. Enforceability of licenses
    2. Expanded scope of liabilities

Benefits

The panel will review these and other key questions:

  • How does the Federal Circuit's ruling change the landscape for open source licenses?
  • What is Jacobsen's broader impact for all software licenses?
  • What are the best practices for licensees to ensure compliance with open source license agreements?
  • How does the distinction between covenants and conditions impact remedies?

Faculty

Elaine M. Laflamme, Partner
Akin Gump Strauss Hauer & Feld, New York

She works with technology and Internet companies in negotiating and drafting IP, information technology and Internet-related agreements, including software, trademark and copyright licenses. She is a member of the firm's IP Group and Technology Practice Group, focusing on the licensing, trademark, copyright and privacy needs of technology companies and departments.

Becky L. Troutman, Partner
Winston & Strawn, San Francisco

She focuses on intellectual property and technology transactions and counseling and practices extensively in open source software counseling. She conducts due diligence investigations and drafts and negotiates technology contracts, including research and development, consulting, license, e-commerce, and outsourcing agreements.

Paul H. Arne, Partner
Morris Manning & Martin, Atlanta

He co-chairs the firm's Technology Transactions Group and the Privacy and Security Group. He focuses on open source software, outsourcing matters, international transactions, and privacy issues. He is also involved with development, manufacturing, and distribution involving medical devices.

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Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.

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Program Materials

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Program Materials

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