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ARTICLE · 21 JUNE 2019

Open Source Software Policies – Why You Need Them And What They Should Include

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The chances are high that your company uses open source software in some capacity. While the benefits of OSS are clear, it is also clear that OSS can pose significant legal risks that must be addressed.

United StatesIntellectual Property
James Gatto
James Gatto
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The chances are high that your company uses open source software ("OSS") in some capacity. While the benefits of OSS are clear, it is also clear that OSS can pose significant legal risks that must be addressed. The best way to manage these risks is to have a clearly written and enforced OSS policy.

In general terms, OSS refers to software that is licensed under an OSS license. OSS refers to a type of license. It is not a type of software. The same software can be distributed under different licenses, at the election of the initial developer.

Many different types of OSS licenses exist. However, there are common attributes among most OSS licenses. Two of the main common attributes are that: (1) recipients can freely use, modify and distribute the software; and (2) the source code (i.e. the human readable code) is made available to enable the exercise of these rights. This distinguishes OSS from proprietary software. With proprietary software licenses, typically

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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