Open source ecosystems continue to flourish and grow. While open source advocates continue to monitor large companies for fair and proper open source use, the success of the open source model, particularly in the embedded device, mobile, and app development fields, has also spanned new classes of plaintiffs seeking to capitalize on alleged IP infringement and license violations. The rise of patent claims and other strategies used by non-practicing-entities to derive income has also arrived to complement the historic tools that have included copyright infringement and breach of contract claims. Understanding and estimating realistic damages and the effect of other remedies have become vital parts of license and settlement negotiations in light of this new hybrid and multi-faceted environment. The seminar explores pre-litigation, litigation, and settlement strategies in view of the damages and other dangers companies employing open source software face. Real-life examples from experiences will be shared. A panel of leading open source compliance service providers will also share their views on audit and compliance measures that complement litigation-related strategies.
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