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ARTICLE · 23 AUGUST 2011

Open Source Software: Hidden Risk In Mergers And Acquisitions

With ever greater frequency open source software is becoming a topic at corporate acquisitions, and not only where the sale or acquisition of software enterprises is concerned.

GermanyMedia, Telecoms, IT, Entertainment
Dr. Marc Hilber, LL.M.
Dr. Marc Hilber, LL.M.
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With ever greater frequency open source software is becoming a topic at corporate acquisitions, and not only where the sale or acquisition of software enterprises is concerned. The freely accessible software entails hidden risks which need to be detected and taken into consideration during the IT due diligence prior to any contract conclusion.

Open source is everywhere

All enterprises use software. Using open source software (OSS) is an attractive option as it is free of charge, available to everybody, and commercial service providers can provide sup-port with respect to software maintenance and further development of OSS. Examples of OSS are the operating system Linux or the alternative to MS Office, Open Office. OSS is also used by software enterprises which develop software themselves:

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