Open Source Software (“OSS”) has become a critical component of many modern applications and systems. Its widespread adoption is driven by cost savings, flexibility, and rapid innovation. However, OSS also presents distinct legal risks and considerations that must be addressed when contracting for its use, integration, or distribution. This article provides a practical overview of the key legal and commercial issues that legal and commercial teams should consider to ensure compliance and mitigate the risks associated with the use of OSS.
Understanding OSS and its licensing models
OSS refers to software where the source code is made publicly available (in other words, the source code is ‘open’), permitting users to use, modify, and distribute such source code. Unlike proprietary software, OSS is governed by a range of licences, each with distinct obligations and restrictions.
