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Feb 24, 201412:40 PMLegal Login

with Mindi Giftos

Is open source software right for your company?

(page 1 of 2)

Open source software (OSS) is a great tool. It’s free. It saves time and money. It’s often secure and reliable. It fosters innovation and collaboration.

However, OSS also comes with important restrictions — and many companies are not fully aware of them.

So while OSS can be an ideal business solution, developing software on your own or taking a traditional licensing route can be the better call. Today, we’ll provide some general information to help you evaluate what may be right for you.

Who uses OSS?

It is important to understand that the use of OSS is not confined to businesses that sell software only. Most companies today provide various types of products and/or services that are controlled or delivered via software as well. If your products or services incorporate OSS — in whole or even in very small part — you should be reading this.

What restrictions are there?

Even though OSS is “free” from a financial perspective, it can come with significant costs. Software is generally protected by various intellectual property (IP) rights, such as copyrights, patents, and sometimes trade secret protection. That’s why you typically must obtain a license to use software owned by others.

Owners of OSS do not relinquish all of their valuable IP rights or place their OSS into the public domain by designating their software as “open.” Instead, they provide license terms for their software, allowing others to freely use it provided they comply with certain restrictions.

What restrictions typically apply?

There are two main licensing philosophies when it comes to OSS. The original OSS movement is governed by a concept called “copyleft.” Under copyleft licenses, you can freely use OSS in your own products and services. However, if you distribute those products or services, you must also openly and freely provide copies of your proprietary source code. The idea is that all software that includes the OSS should also be shared openly and collaboratively.

A close cousin of the copyleft concept is the concept of “patentleft.” Under this theory, the owner of OSS allows you to openly use any patented OSS, but you must also openly license your products or services that utilize the OSS.

The extent to which your own code or products must be shared or licensed under copyleft and patentleft licenses can vary and is often unclear. However, these licensing schemes can place significant restrictions on your end products and services, and should only be used after careful evaluation.

(Continued)

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About This Blog

Mindi Giftos and her colleagues in Husch Blackwell’s Technology Law group handle a wide variety of issues related to emerging and established technologies, including intellectual property, development and licensing, commercial contracting, and corporate transactions across a broad range of industries.

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