Elsewhere in the Software Industry
The Key Principles of Coordinated Cycles
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Adapting these Processes to Apex
Launch Cycles
Summits
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- Mid-cycle Summit

Yesterday, there was a wall of Tesla patents in the lobby of our Palo Alto headquarters. That is no longer the case. They have been removed, in the spirit of the open source movement, for the advancement of electric vehicle technology.When I get home, I'm going to take down a plaque that has proudly hung in my own home office for nearly 10 years now. In 2004, I was named an IBM Master Inventor, recognizing sustained contributions to IBM's patent portfolio.
When I started out with my first company, Zip2, I thought patents were a good thing and worked hard to obtain them. And maybe they were good long ago, but too often these days they serve merely to stifle progress, entrench the positions of giant corporations and enrich those in the legal profession, rather than the actual inventors. After Zip2, when I realized that receiving a patent really just meant that you bought a lottery ticket to a lawsuit, I avoided them whenever possible.And I feel the exact same way! When I was an impressionable newly hired engineer at IBM, I thought patents were wonderful expressions of my own creativity. IBM rewarded me for the work, and recognized them as important contributions to my young career. Remember, in 2003, IBM was defending the Linux world against evil SCO. (Confession: I think I read Groklaw every single day.)
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| QWERsive |
“People have become confused,” Shuttleworth lamented, “and think that a patent is incentive to create at all.” No one invents just to get a patent, though — people invent in order to solve problems. According to him, patents should incentivize disclosure. Software is not something you can really keep secret, and as such Shuttleworth’s determination is that “society is not benefited by software patents at all.”Software patents, he said, are a bad deal for society. The remedy is to shorten the duration of patents, and reduce the areas people are allowed to patent. “We’re entering a third world war of patents,” Shuttleworth said emphatically. “You can’t do anything without tripping over a patent!” One cannot possibly check all possible patents for your invention, and the patent arms race is not about creation at all.And while I'm still really proud of some of my ideas today, I'm ever so ashamed that they're patented.
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| No longer hanging on my wall. Tucked away in a box in the attic. |
Protegrity Corp v. Gazzang, Inc.
Complaint for Patent InfringementCivil Action No. 3:14-cv-00825; no judge yet assigned. Filed on June 6, 2014 in the U.S. District Court for the District of Connecticut;Patents in case 7,305,707: “Method for intrusion detection in a database system” by Mattsson. Prosecuted by Neuner; George W. Cohen; Steven M. Edwards Angell Palmer & Dodge LLP. Includes 22 claims (2 indep.). Was application 11/510,185. Granted 12/4/2007.
Technology leadership is not defined by patents, which history has repeatedly shown to be small protection indeed against a determined competitor, but rather by the ability of a company to attract and motivate the world’s most talented engineers. We believe that applying the open source philosophy to our patents will strengthen rather than diminish Tesla’s position in this regard.What a brave, bold, ballsy, responsible assertion!
Dustin Kirkland (Twitter, LinkedIn) is an engineer at heart, with a penchant for reducing complexity and solving problems at the cross-sections of technology, business, and people.
With a degree in computer engineering from Texas A&M University (2001), his full-time career began as a software engineer at IBM in the Linux Technology Center working on the Linux kernel and security certifications, including a one-year stint as an dedicated engineer-in-residence at Red Hat in Boston (2005). Dustin was awarded the title Master Inventor at IBM, in recognition of his prolific patent work as an inventor and reviewer with IBM's intellectual property attorneys.
Dustin then first joined Canonical (2008) as an engineer (eventually, engineering manager), helping create the Ubuntu Server distribution and establishing Ubuntu as the overwhelming favorite Linux distribution in Amazon, Google, and Microsoft's cloud platforms, as well as authoring and maintaining dozens of new open source packages.
Dustin joined Gazzang (2011), a venture-backed start-up built around an open source project that he co-authored (eCryptFS), as Chief Technology Officer, and helped dozens of enterprise customers encrypt their data at rest and securely manage their keys. Gazzang was acquired by Cloudera (2014).
Having effectively monetized eCryptFS as an open source project at Gazzang, Dustin returned to Canonical (2013) as the VP of Product for Ubuntu and spent the next several years launching a portfolio of products and services (Ubuntu Advantage, Extended Security Maintenance, Canonical Livepatch, MAAS, OpenStack, Kubernetes) that continues to deliver considerable annual recurring revenue. With Canonical based in London, an 800+ work-from-home employee roster and customers spread across 40+ countries, Dustin traveled the world over, connecting with clients and colleagues steeped in rich cultural experiences.
Google Cloud (2018) recruited Dustin from Canonical to product manage Google's entrance into on-premises data centers with its GKE On-Prem (now, Anthos) offering, with a specific focus on the underlying operating system, hypervisor, and container security. This work afforded Dustin a view deep into the back end data center of many financial services companies, where he still sees tremendous opportunities for improvements in security, efficiencies, cost-reduction, and disruptive new technology adoption.
Seeking a growth-mode opportunity in the fintech sector, Dustin joined Apex Clearing (now, Apex Fintech Solutions) as the Chief Product Officer (2019), where he led several organizations including product management, field engineering, data science, and business partnerships. He drastically revamped Apex's product portfolio and product management processes, retooling away from a legacy "clearing house and custodian", and into a "software-as-a-service fintech" offering instant brokerage account opening, real-time fractional stock trading, a secure closed-network crypto solution, and led the acquisition and integration of Silver's tax and cost basis solution.
Drawn back into a large cap, Dustin joined Goldman Sachs (2021) as a Managing Director and Head of Platform Product Management, within the Consumer banking division, which included Marcus, and the Apple and GM credit cards. He built a cross-functional product management community and established numerous documented product management best practices, processes, and anti-patterns.
Dustin lives in Austin, Texas, with his wife Kim and their wonderful two daughters.