Leading Open Source Legal Experts Join Linux Foundation

Leading Open Source Legal Experts Join Linux Foundation

Linux Foundation puts experienced legal team in place to advance the interests of users, developers and members

SAN FRANCISCO, August 8, 2007 – The Linux Foundation (LF), the nonprofit organization dedicated to accelerating the growth of Linux, today announced that open source licensing expert Karen Copenhaver and standards and consortium expert Andy Updegrove have joined the Foundation’s legal team to provide leadership on legal issues affecting Linux.

“I’m extremely pleased to put together this legal dream team,” said Jim Zemlin, executive director of the Linux Foundation. “Promoting accurate and timely discussion of the legal infrastructure supporting the adoption and deployment of open source software is key to achieving our core mission. Karen and Andy bring a depth of expertise to the Foundation and a passion for open source and open standards that will enhance the conversation immeasurably and provide guidance in the development of innovative programs to protect Linux against legal challenges. With Karen and Andy onboard, we now have a well-stocked arsenal.”

The Linux Foundation’s neutral forum allows Copenhaver and Updegrove to provide the Linux ecosystem with important information on licenses, standards and patent issues, reducing confusion and fostering further innovation and adoption of Linux. The two will lead and implement all legal LF programs and will provide commentary and analysis on legal issues facing Linux. They will also work to coordinate member company legal resources to best respond to issues facing the platform.

“The Linux Foundation is a natural forum for advancing the discussion and understanding of legal issues facing open and closed software. A key component of our program will be to bring together members’ legal staffs, which provide a deep well of expertise in a very important area, to share ideas and drive initiatives,” said Karen Copenhaver, LF legal advisor. “I’m looking forward to working with my colleagues across the member companies and communities to boil down legal topics related to Linux to the simple, straightforward matters that they really are and to identifying and implementing best practices that support open source adoption.”

Copenhaver is a partner in Choate, Hall & Stewart LLP ‘s Business & Technology practice focusing on technology transfer and licensing of intellectual property with a specific emphasis on open source business models. Most recently, Copenhaver was executive vice president and general counsel at Black Duck Software, Inc., where she continues to serve on its board of advisors. Copenhaver’s career began at IBM and includes being a partner in the intellectual property practices of Testa, Hurwitz & Thibeault LLP and Brown & Bain LLP.

Andy Updegrove is a partner and founder of Gesmer Updegrove LLP, a Boston-based technology law firm, and has represented and helped structure more than 80 worldwide standard setting, open source, promotional and advocacy consortia over the past 20 years. He has also represented hundreds of both emerging as well as established technology companies, and is the founder and editor of both the popular website www.consortiuminfo.org and the widely-read Standards Blog. He is also an At Large Director of the Linux Foundation, and his law firm acts as the Linux Foundation’s outside legal counsel.

“The Linux Foundation provides an essential function to protect, promote and standardize Linux,” said Andy Updegrove, LF legal advisor. “Reconciling the intellectual property requirements of open source and open standards is a crucial stepping stone for both, and the Linux Foundation is the first organization to accomplish this. I look forward to contributing to the Linux ecosystem by helping the Foundation continue to lead the way in this and other areas.”

Protecting Linux is one of the LF’s three focus areas for fostering the growth of Linux. Later this year, the LF legal team will lead a multi-day legal strategy summit for members’ in-house counsel, including legal representatives from HP, IBM, Intel, and Novell. At this invitation-only meeting, member counsel will focus on the issues of greatest common interest and concern, including agreeing upon the next steps towards building a legal defense infrastructure for Linux. Community-wide events are also planned to provide a platform for discussion and education on legal issues. The LF supports a wide range of legal support functions, including managing the Linux trademark (www.linuxmark.org), initiatives such as the Open Source as Prior Art project (www.osapa.org), the Patent Commons www.patent-commons.org), sponsorship of the Linux Legal Defense Fund, and further programs now under development.

These staff additions build on the LF’s recent addition of Markus Rex as chief technology officer. Rex was previously vice president and general manager for SUSE Linux and CTO for the Open Platform Solutions Group at Novell. With these additional team members, the LF has garnered an experienced executive team focused on accelerating the adoption of Linux.

About the Linux Foundation
The Linux Foundation is a nonprofit consortium dedicated to fostering the growth of Linux. Founded in 2000, the Linux Foundation sponsors the work of Linux creator Linus Torvalds and is supported by leading Linux and open source companies and developers from around the world. The Linux Foundation promotes, protects and standardizes Linux by providing unified resources and services needed for open source to successfully compete with closed platforms. For more information, please visit www.linux-foundation.org.
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Trademarks: The Linux Foundation and Linux Standard Base are trademarks of The Linux Foundation. Linux is a trademark of Linus Torvalds. Third party marks and brands are the property of their respective holders.