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Filipp Kofman

Filipp Kofman

Filipp Kofman

Morrison & Foerster LLP

Filipp Kofman is an attorney based in the Northern Virginia office of Morrison & Foerster and is a member of the firm’s Technology Transactions Group.

Mr. Kofman advises clients on a broad range of technology transactions matters, including software, trademark and patent licensing, intellectual property development and commercialization, professional services arrangements, distribution and reseller agreements, and Software as a Service (SaaS) agreements. Mr. Kofman also drafts and negotiates a broad range of technology-related contracts. In addition, Mr. Kofman counsels clients about intellectual property and commercial aspects of mergers and acquisitions and other key corporate transactions.

Session: Recent Developments in Open Source Licensing

A discussion about the fundamentals of open source licensing and recent shifts in the open source community toward new "open source"-style licenses designed to address the perceived abuses posed by cloud infrastructure providers.

During this session, I will describe the key categories of open source licenses and some common misconceptions about these categories. I will also describe how investors and acquirers perceive these licenses (and open source software in general), and will talk about a handful key items that a company should do to reassure potential investors and acquirers about its open source software practices.

I will also discuss the wave of new "open source"-style licenses, including MongoDB's Server Side Public License, the Business Source License, and the Commons Clause, that are changing the familiar paradigm of open source licensing. These licenses are aiming to make it more difficult for large cloud service providers to repackage open-source products and offer them as a competitive service to their own customers, but have received significant push back in the open source community.