

Ask HN: Finding a Lawyer That Specializes in Open Source Software - greon

I am looking for a lawyer that specializes in IP and open source software. Can someone recommend any specific lawyers or a website or directory where I might find one?<p>- I&#x27;ll be paying out of my pocket, so price is a major concern.<p>- In the US.<p>Slightly more specifically, I am working on a piece of software (in the realm of machine learning &#x2F; AI) in my spare time while working at a large corporation. I would like to release this software under an open-source license and then build a business on top of it. I realize this plan may be legally contentious and would like to avoid any kind of conflict with my employer.
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briandear
Goodwin Procter is among the best, however, the cost aspect might be
prohibitive. My attorney over there, Jeffrey Klein
[http://www.goodwinprocter.com/People/K/Klein-
Jeffrey.aspx](http://www.goodwinprocter.com/People/K/Klein-Jeffrey.aspx) could
potentially refer you to someone either within the firm who specializes in IP
or perhaps a less expensive alternative. GP is seriously among the very best
in the business. If what you're doing is as cool as it seems and you have the
large corporation as an employer, you're going to potentially face some big-
league legal issues; potentially you signed an agreement with your employer
when you started work that might potentially give them right of first refusal
to any tech you invent. I certainly have no idea, but those sorts of
agreements aren't uncommon. As a result, you're going to have your company's
lawyers looking into it as well, which means that you need the best
representation you can afford.

However, before you get to that point, if it were me, I'd think long and hard
about the business you hope to build on top of the software. If that business
seems viable, given that you're giving away the source code, then your legal
expense might be worth it.

However, and I'm certainly not "advising" you, I would consider talking to an
attorney about patent implications. An Open Patent, for instance might be
something to look into. This would prevent someone else (for example your
employer or some other user) from creating a patent based on the specific
domain of your creation and it would protect the open source users from
potential patent infringement claims. I'm certainly not a lawyer, but the
issues I mention are all worthy of discussion with legal minds much more
experienced than you or me.

Key points:

You need a lawyer to review your employment agreement to ensure you're "in the
clear." Evaluate the viability of the business itself. You should discuss all
of your options for your technology, license types, patents, etc. You also
might consider forming a business entity, then "hiring" yourself to create the
software. If your employer doesn't have a restriction on dual employment, this
could be a strategy to subvert any "right of first refusal" clause that might
be in your employment agreement.

However, I present these ideas only as discussion points with your attorney. I
barely know what I'm talking about and you really can't safely google your way
to success when it comes to these issues. You need an attorney; certainly
don't listen to any of us!

~~~
greon
Thanks!

