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ARTICLE · 30 JULY 2025

Artificial Intelligence And Open Source Data And Software: Contrasting Perspectives, Legal Risks, And Observations

Crowell & Moring LLP
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Open source data and software play a foundational role in software development, artificial intelligence (AI), education, and research. Open source AI refers to systems where the source code, model parameters, and related components are freely available for anyone to use, study, modify, and distribute.

United StatesTechnology
Neda M. Shaheen
Neda M. Shaheen
Nigel Cory
Nigel Cory
Jacob Canter
Jacob Canter

What You Need to Know

Key takeaway#1

Firms involved in open source data and AI need to understand their obligations under new laws and regulations. For example, the European Union's Cyber Resilience Act (CRA) creates specific obligations for open source software in its requirements for software manufacturers, importers, and distributors.

Key takeaway#2

U.S. regulators appear to be taking a cautious approach to the use of open source data and software, focusing on the lack of due diligence around updates to and control over open source software and potential risks in cyber and national security.

Key takeaway#3

Many intergovernmental organizations and open source advocates continue to push for data democratization, transparency, and public-private collaboration, especially in the context of AI governance and development.

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