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CHOATE HALL & STEWART LLP choate.com
Collaborative Development:
The Gift that Keeps on Giving
Karen Faulds Copenhaver
Choate, Hall & Stewart LLP
CHOATE HALL & STEWART LLP
“Architecture of Participation”
.
CHOATE HALL & STEWART LLP
“Architecture of Participation”
Not “If You Build It They Will Come”
CHOATE HALL & STEWART LLP
“Architecture of Participation”
If You Provide the Right Platform, They Will
Come and Build Together
CHOATE HALL & STEWART LLP
“Architecture of Participation”
If You Provide the Right Platform, They Will
Come and Build Together
How to build a collaboration platform for
developers is one of the many valuable
artifacts of Linux.
CHOATE HALL & STEWART LLP
Fundamental Elements of Corporate
Collaborative Development
• Technical Merit
• Trust
• Strategic / Long Term
CHOATE HALL & STEWART LLP
Technical Merit
• The Secret Sauce of Open Source Development
– Developer Led
• Direct Communications
– Marketing Free Zone
– No Spin
• Authority and Credibility from Contributions and
Technical Excellence
CHOATE HALL & STEWART LLP
Building Trust Into a Corporate Project
• Transparency
• Level Playing Field
– Everyone Benefits in the Same Way
• Developer Driven
– Technology Focused
CHOATE HALL & STEWART LLP
Strategic / Long Term Thinking
• Not Driven by Quarterly Results
– Are driven to “release early, release often”
• Building Infrastructure
– Versatility
– Platform for Innovation
– Agnostic
• Upstreaming Modifications
– Value Proposition of Shared Maintenance
• Encourages Broad Participation
– Enabling Technologies
CHOATE HALL & STEWART LLP
Use Cases Beyond IT Infrastructure
• Enabling Technologies for other industries
– Pre-Competitive
• Bright-line which preserves competitive
opportunities for margins
• Any infrastructure too expensive for anyone to
build and maintain alone.
– CERN, the European Organization for Nuclear
Research https://home.cern/about
• Founded in 1954
– The World Wide Web was invented at CERN in 1989
by British scientist Tim Berners-Lee
CHOATE HALL & STEWART LLP
Other Use Cases for IT
• Any development that requires a “network effect”
to be viable
– IOT
– Intelligent Traffic
• Data for Research
– Clinical
– Sensor
CHOATE HALL & STEWART LLP
Core Infrastructure Initiative
• Heartbleed vulnerability in OpenSSL
– OSS needs investment for security
– Industry-wide
– Global
– Leading Experts
• Linux Foundation created Core Infrastructure
Initiative (CII) in 2014
– “to fund and support critical elements of the
global information infrastructure”
• Included in White House Cybersecurity National
Action Plan
CHOATE HALL & STEWART LLP
Multi-million $ Project - Broad Support
– Amazon Web Services
– Adobe
– Bloomberg
– Cisco
– Dell
– Facebook
– Fujitsu
– Google
– Hitachi
– HP Enterprise
– Huawei
– IBM
– Intel
– Microsoft
– NetApp
– NEC
– Qualcomm
– RackSpace
– salesforce.com
– VMware
CHOATE HALL & STEWART LLP
CII Projects
• OpenSSL
• OpenSSH
• GnuPG
• Network Time Protocol (NTP) daemon
• Linux Kernel Self Protection Project
• Fuzzing project
• OWASP Zed Attack Proxy (ZAP) as a service
• False-Positive-Free Testing with Frama-C
• Reproducible builds
• CII census / Best practices badge
CHOATE HALL & STEWART LLP
Managing Technological Risks and Crises
Special Report: Why the BP Oil Rig Blowout
Happened
http://www.popularmechanics.com/science/energy/a6065/how-the-bp-oil-rig-blowout-happened/
“operated in an industry with ineffective regulatory oversight.”
"That's what happens," Ruch says, "when the government is
dependent upon industry for its expertise."
“Since much of the drilling data necessary to complete
environmental reviews was proprietary, MMS scientists were not
allowed access to exploration and drilling details.”
CHOATE HALL & STEWART LLP
Other Areas that Require Collaboration
How Tech Giants Are Devising Real Ethics for
Artificial Intelligence
– concern . . if regulators jumped in to create rules . . .
So . . . framework for a self-policing organization. . . .
– . . . there have been instances when companies have
worked together when it was in their best interests . . . .
– “There is a role for government and we respect that,” . .
. . The challenge . . . is “a lot of times policies lag the
technologies.”
John Markoff NYTimes SEPT. 1, 2016
http://www.nytimes.com/2016/09/02/technology/artificial-intelligence-
ethics.html?_r=0
CHOATE HALL & STEWART LLP
Other Areas that Require Collaboration
Global Network Initiative
• corporations and nongovernmental organizations
• companies, civil society organizations (including
human rights and press freedom groups), investors
and academics
• creating a collaborative approach to protect and
advance freedom of expression and privacy in
communications technologies
https://www.globalnetworkinitiative.org/
CHOATE HALL & STEWART LLP
My Take-Aways
• We are all dependent upon the rare individuals who
understand the technology.
CHOATE HALL & STEWART LLP
My Take-Aways
• We are all dependent upon the rare individuals who
understand the technology.
• Building a value system where developers are rewarded
(socially and monetarily) for their integrity and creativity
should be a national priority.
CHOATE HALL & STEWART LLP
My Take-Aways
• We are all dependent upon the rare individuals who
understand the technology.
• Building a value system where developers are rewarded
(socially and monetarily) for their integrity and creativity
should be a national priority.
• If the government cannot employ the technical resources
to respond to technology challenges that impact all
citizens, we cannot rely on Brownies.
CHOATE HALL & STEWART LLP
My Take-Aways
• We are all dependent upon the rare individuals who
understand the technology.
• Building a value system where developers are rewarded
(socially and monetarily) for their integrity and creativity
should be a national priority.
• If the government cannot employ the technical resources
to respond to technology challenges that impact all
citizens, we cannot rely on Brownies.
• If the expertise necessary to respond is available only
inside corporations, we must have established rules of
engagement that enable all available experts to help us
respond to the challenge without delay.
CHOATE HALL & STEWART LLP
My Take-Aways
• We are all dependent upon the rare individuals who
understand the technology.
• Building a value system where developers are rewarded
(socially and monetarily) for their integrity and creativity
should be a national priority.
• If the government cannot employ the technical resources
to respond to technology challenges that impact all
citizens, we cannot rely on Brownies.
• If the expertise necessary to respond is available only
inside corporations, we must have established rules of
engagement that enable all available experts to help us
respond to the challenge without delay.
• In the absence of collaboration, we will always lack
confidence – we will cower.
CHOATE HALL & STEWART LLP
My Take-Aways
• We are all dependent upon the rare individuals who
understand the technology.
• Building a value system where developers are rewarded
(socially and monetarily) for their integrity and creativity
should be a national priority.
• If the government cannot employ the technical resources
to respond to technology challenges that impact all
citizens, we cannot rely on Brownies.
• If the expertise necessary to respond is available only
inside corporations, we must have established rules of
engagement that enable all available experts to help us
respond to the challenge without delay.
• In the absence of collaboration, we will always lack
confidence – we will cower.
• That kind of collaboration happens now in the Linux kernel
community.

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Collaborative Development the Gift That Keeps on Giving

  • 1. by any measure CHOATE HALL & STEWART LLP choate.com Collaborative Development: The Gift that Keeps on Giving Karen Faulds Copenhaver Choate, Hall & Stewart LLP
  • 2. CHOATE HALL & STEWART LLP “Architecture of Participation” .
  • 3. CHOATE HALL & STEWART LLP “Architecture of Participation” Not “If You Build It They Will Come”
  • 4. CHOATE HALL & STEWART LLP “Architecture of Participation” If You Provide the Right Platform, They Will Come and Build Together
  • 5. CHOATE HALL & STEWART LLP “Architecture of Participation” If You Provide the Right Platform, They Will Come and Build Together How to build a collaboration platform for developers is one of the many valuable artifacts of Linux.
  • 6. CHOATE HALL & STEWART LLP Fundamental Elements of Corporate Collaborative Development • Technical Merit • Trust • Strategic / Long Term
  • 7. CHOATE HALL & STEWART LLP Technical Merit • The Secret Sauce of Open Source Development – Developer Led • Direct Communications – Marketing Free Zone – No Spin • Authority and Credibility from Contributions and Technical Excellence
  • 8. CHOATE HALL & STEWART LLP Building Trust Into a Corporate Project • Transparency • Level Playing Field – Everyone Benefits in the Same Way • Developer Driven – Technology Focused
  • 9. CHOATE HALL & STEWART LLP Strategic / Long Term Thinking • Not Driven by Quarterly Results – Are driven to “release early, release often” • Building Infrastructure – Versatility – Platform for Innovation – Agnostic • Upstreaming Modifications – Value Proposition of Shared Maintenance • Encourages Broad Participation – Enabling Technologies
  • 10. CHOATE HALL & STEWART LLP Use Cases Beyond IT Infrastructure • Enabling Technologies for other industries – Pre-Competitive • Bright-line which preserves competitive opportunities for margins • Any infrastructure too expensive for anyone to build and maintain alone. – CERN, the European Organization for Nuclear Research https://home.cern/about • Founded in 1954 – The World Wide Web was invented at CERN in 1989 by British scientist Tim Berners-Lee
  • 11. CHOATE HALL & STEWART LLP Other Use Cases for IT • Any development that requires a “network effect” to be viable – IOT – Intelligent Traffic • Data for Research – Clinical – Sensor
  • 12. CHOATE HALL & STEWART LLP Core Infrastructure Initiative • Heartbleed vulnerability in OpenSSL – OSS needs investment for security – Industry-wide – Global – Leading Experts • Linux Foundation created Core Infrastructure Initiative (CII) in 2014 – “to fund and support critical elements of the global information infrastructure” • Included in White House Cybersecurity National Action Plan
  • 13. CHOATE HALL & STEWART LLP Multi-million $ Project - Broad Support – Amazon Web Services – Adobe – Bloomberg – Cisco – Dell – Facebook – Fujitsu – Google – Hitachi – HP Enterprise – Huawei – IBM – Intel – Microsoft – NetApp – NEC – Qualcomm – RackSpace – salesforce.com – VMware
  • 14. CHOATE HALL & STEWART LLP CII Projects • OpenSSL • OpenSSH • GnuPG • Network Time Protocol (NTP) daemon • Linux Kernel Self Protection Project • Fuzzing project • OWASP Zed Attack Proxy (ZAP) as a service • False-Positive-Free Testing with Frama-C • Reproducible builds • CII census / Best practices badge
  • 15. CHOATE HALL & STEWART LLP Managing Technological Risks and Crises Special Report: Why the BP Oil Rig Blowout Happened http://www.popularmechanics.com/science/energy/a6065/how-the-bp-oil-rig-blowout-happened/ “operated in an industry with ineffective regulatory oversight.” "That's what happens," Ruch says, "when the government is dependent upon industry for its expertise." “Since much of the drilling data necessary to complete environmental reviews was proprietary, MMS scientists were not allowed access to exploration and drilling details.”
  • 16. CHOATE HALL & STEWART LLP Other Areas that Require Collaboration How Tech Giants Are Devising Real Ethics for Artificial Intelligence – concern . . if regulators jumped in to create rules . . . So . . . framework for a self-policing organization. . . . – . . . there have been instances when companies have worked together when it was in their best interests . . . . – “There is a role for government and we respect that,” . . . . The challenge . . . is “a lot of times policies lag the technologies.” John Markoff NYTimes SEPT. 1, 2016 http://www.nytimes.com/2016/09/02/technology/artificial-intelligence- ethics.html?_r=0
  • 17. CHOATE HALL & STEWART LLP Other Areas that Require Collaboration Global Network Initiative • corporations and nongovernmental organizations • companies, civil society organizations (including human rights and press freedom groups), investors and academics • creating a collaborative approach to protect and advance freedom of expression and privacy in communications technologies https://www.globalnetworkinitiative.org/
  • 18. CHOATE HALL & STEWART LLP My Take-Aways • We are all dependent upon the rare individuals who understand the technology.
  • 19. CHOATE HALL & STEWART LLP My Take-Aways • We are all dependent upon the rare individuals who understand the technology. • Building a value system where developers are rewarded (socially and monetarily) for their integrity and creativity should be a national priority.
  • 20. CHOATE HALL & STEWART LLP My Take-Aways • We are all dependent upon the rare individuals who understand the technology. • Building a value system where developers are rewarded (socially and monetarily) for their integrity and creativity should be a national priority. • If the government cannot employ the technical resources to respond to technology challenges that impact all citizens, we cannot rely on Brownies.
  • 21. CHOATE HALL & STEWART LLP My Take-Aways • We are all dependent upon the rare individuals who understand the technology. • Building a value system where developers are rewarded (socially and monetarily) for their integrity and creativity should be a national priority. • If the government cannot employ the technical resources to respond to technology challenges that impact all citizens, we cannot rely on Brownies. • If the expertise necessary to respond is available only inside corporations, we must have established rules of engagement that enable all available experts to help us respond to the challenge without delay.
  • 22. CHOATE HALL & STEWART LLP My Take-Aways • We are all dependent upon the rare individuals who understand the technology. • Building a value system where developers are rewarded (socially and monetarily) for their integrity and creativity should be a national priority. • If the government cannot employ the technical resources to respond to technology challenges that impact all citizens, we cannot rely on Brownies. • If the expertise necessary to respond is available only inside corporations, we must have established rules of engagement that enable all available experts to help us respond to the challenge without delay. • In the absence of collaboration, we will always lack confidence – we will cower.
  • 23. CHOATE HALL & STEWART LLP My Take-Aways • We are all dependent upon the rare individuals who understand the technology. • Building a value system where developers are rewarded (socially and monetarily) for their integrity and creativity should be a national priority. • If the government cannot employ the technical resources to respond to technology challenges that impact all citizens, we cannot rely on Brownies. • If the expertise necessary to respond is available only inside corporations, we must have established rules of engagement that enable all available experts to help us respond to the challenge without delay. • In the absence of collaboration, we will always lack confidence – we will cower. • That kind of collaboration happens now in the Linux kernel community.