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Expertise

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Open Source Software

Lee & Ko’s Open Source Practice Group is dedicated to serving the particular needs of clients who work extensively or tangentially with free and open-source software (FOSS) in any capacity.  

Given its clear and highly specialized focus, the Open Source Practice Group has assembled the expertise and developed the in-depth knowledge base and skill sets needed to be able to assist our firm’s clients (both corporate and individual) with any FOSS-related issues or concerns that may arise.  Such "total service" capabilities of the practice group include, among other things, expert legal advice and assistance for FOSS-related regulatory compliance, corporate governance, security, licensing and various types of transactional matters. 

In recent years, FOSS has rapidly emerged to take on a critical role in the IT (software) industry.  Due to the rapid pace and complexity of developments in this area, however, most FOSS users (whether individuals or IT companies) who have not dedicated considerable resources to achieve a high degree of specialization in managing FOSS-related matters, often face unexpected legal conflicts and encounter difficult legal issues in various transactional contexts involving M&As (e.g. evaluating assets, liabilities and legal rights, etc. when conducting due diligence) and intellectual property, as well as in the context of IT security. 

Lee & Ko’s Open Source Practice Group comprises a team of experienced professionals whose academic and career backgrounds have equipped them especially well to advise clients on FOSS-related legal matters.  (The team consists of several attorneys, including a former judge, who have studied and worked extensively in handling legal matters concerning a broad range of computer science/engineering and related technical matters.)  The practice group members also work in other technology-related practice groups, such as the TMT (Technology, Media and Telecommunications) Practice Group, the IP (Intellectual Property) Practice Group and the DPC (Data Privacy & Cybersecurity) Practice Group and are able to draw upon resources available within each to ensure that our clients will receive the most efficient, effective and expertly tailored legal advice and assistance possible in connection with any FOSS-related concerns. 

Lee & Ko has surpassed other top-tier Korean law firms in developing a highly beneficial network of cooperative relationships with leading international/world-class institutions and organizations that are playing a key role in global FOSS developments. Uniquely among Korean law firms, Lee & Ko is able to tap into this network and draw upon the resources available through this network to help ensure that we are able to provide our clients with the most effective advice and solutions, based on the best and most up-to-date information available.
Expertise
Compliance, Compliance Acceleration & Governance System Build-Up

Lee & Ko has developed an excellent track record in providing excellent compliance assistance and compliance acceleration services to a wide spectrum of clients. Having amassed a wealth of experience in successfully meeting the compliance needs of the most demanding clients, Lee & Ko’s Open Source Practice Group is particularly well positioned to assist clients with the most appropriate solutions for any FOSS-related compliance/compliance acceleration situations that may be encountered. 

Additionally, as a compliance acceleration follow-up service, Lee & Ko excels at assisting clients with a highly effective "FOSS Governance System Build-Up Service."  The build-up service entails the constructing of a virtual FOSS ecosystem within a client’s system for optimal efficiency in addressing the full range of FOSS usage compliance concerns.  With such FOSS governance system in place, Lee & Ko’s clients have a reliable mechanism for consistently monitoring and ensuring compliance on an ongoing basis.  


Examination / Management of Outside FOSS Partners 

In connection with the establishment of a "FOSS Governance System", a comprehensive approach is required, whereby not only a client’s internal system, but also all FOSS-related matters pertaining to all of the client’s outside partners (i.e. cooperative partners who supply goods/services to and/or receive goods/services from the client) have to be considered simultaneously. In other words, even if a client builds up a perfect internal FOSS governance system, FOSS compliance violations may still be unavoidable if the client fails to examine and manage FOSS compliance considerations in relation to its outside partners. Lee & Ko therefore provides an "Examination/Management of Outside FOSS Partners" service to help clients avoid compliance issues attributable to or otherwise caused by outside partners. 


FOSS related Legal Advice (Compliance with Licenses & Patents)

In many cases, when it comes to FOSS licenses or patents, clients who use FOSS find it difficult to precisely determine the scope of permitted actions under a particular license or patent. Lee & Ko provides specialized FOSS legal advice to clients in such situations.

Lee & Ko’s Open Source Practice Group is fully equipped with the professional resources and technical know-how needed to provide clients with comprehensive FOSS-related analysis and advice relating to a broad array of differing circumstances and issues.  Furthermore, the practice group is able to draw upon FOSS-related expertise and data resources available through the group’s extensive network of cooperative relationships with leading domestic and international experts, institutions and organizations in the FOSS field. Lee & Ko has also formed a strong joint response system with top-tier international law firms to provide increased responsiveness to client requirements in relation to FOSS issues involving multiple jurisdictions. 


FOSS related Conflict Resolution

Due to the expanding scope and volume of FOSS usage, the risk of getting involved in a legal dispute involving FOSS license violation claims or claims relating to infringements of third-party rights has significantly increased. Lee & Ko’s Open Source Practice Group provides the best possible legal advice regarding precautions and measures that can be taken to dramatically reduce such risks and thereby avoid becoming entangled in FOSS-related legal disputes.  Additionally, in the event that a client becomes involved in a  legal conflict, Lee & Ko’s Open Source Practice Group provides highly dedicated and effective legal advice and representation to help ensure the best possible outcome for our clients. 
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Major Cases
  • KCC (Korea Copyright Commission) – FOSS License Specialist Community – 2nd Department Entirely Staffed By Lee & Ko Professionals (Lee & Ko is the only law firm in Korea that has sufficient resources to staff an entire seven-member department with its own lawyers and special advisor)
  • 2016 FOSS CON KOREA: “Imbedded Systems and FOSS”– Presentation (2016) (By Yoon, Jong Soo of Lee & Ko’s Open Source Practice Group)
  • SFLC (Software Freedom Law Center): “Guide to GPL Compliance 2” Korean Translation - (2015) (By Song, Kee Ryong of Lee & Ko’s Open Source Practice Group)
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Key Contacts