While I'm on the subject of hiring, whether open source or not (but especially if you are), you really need to hire a JD. A lawyer, that is.
Now, before you call me a killjoy (because, after all, who wants to hang out with lawyers? :-), let me explain.
First off, you need to understand that there is a huge difference in attorneys. Some exist to kill good ideas. Others, however, are fantastic assets to a business. They are "business lawyers" and in the open source world you absolutely need one of these. Because software - and, in particular, open source - is essentially an exercise in licensing, it's important that open source companies have an attorney on staff. Not necessarily a senior IP attorney, but someone that can grok a contract and write one.
Here's what you'll get:
- The ability to use licensing as a tool/competitive weapon, rather than merely as the ugly stepchild to the "real business" of software. (Savvy open source vendors can quasi-control their competitors by the code they release if they use the right license.)
- You'll save a boatload in legal fees. Just by having me on staff (and I am not a "senior IP attorney" (I worked full-time through most of law school, and was generally working during class, so I only trust myself so far...)), Alfresco saves $5,000+ in legal fees. Don't believe me? Ask any software company what they spend on outside legal counsel. I think you'll find that bringing a JD in-house is very, very cheap, whatever their salary.
(This is not to say that you shouldn't retain outside counsel. You absolutely should. The best open source attorneys will help you think about legal issues in innovative, constructive ways. You just shouldn't spend your entire Series B round with them.)
- One less person out there that will sue you. :-)
To succeed well in software, you need to be smart about licensing. Just ask Oracle, Microsoft, etc. These are companies that understand licensing cold. To compete with them, as well as to ensure your licensing appeals to and serves the interests of customers, you really need to get an open source savvy attorney on board. The good news is that the law schools are minting these at a nice clip. Save them from firm life. Hire a JD.
(Take my brother while you're at it. He's just finishing up at Stanford Law School and has been thoroughly corrupted with open source by his older brother. :-)
Posted by Matt Asay on January 9, 2007 09:18 AM
