License
License

Steps for IT Directors to Consider Before Using Open Source Software.
By Robert S. Blasi, Jr.


With proper review and planning, open source software can be used without constant review and supervision by your legal department.
  • First, educate yourself as to the advantages and disadvantages of open source licensing..
    • Open source licenses are generally “take-it-or-leave-it.” Their terms are not negotiated.
    • Most open source software is licensed under one of half-a-dozen licenses whose terms are publicly known, discussed, and analyzed. Websites like Opensource.org can introduce you to these licenses.
    • Some open source licenses are intended to compel the release of proprietary information into the public domain. This license “feature” is sometimes known as “forced sharing” or “viral licensing.”
  • Work with your legal department to set a policy identifying those situations that require their involvement.
    • Discuss licenses that can be adopted without further review from legal. These can include permissive licenses with no forced sharing or notice requirements.
    • Identify licenses that require review by legal before they are adopted. These can include licenses with forced sharing requirements, or restrictions that render them incompatible with other licensed software.
    • Legal may prohibit the use of certain licenses altogether. This is a legal and business judgment that the risks associated with certain licenses outweigh their benefits.
  • Set a policy for your developers concerning the use of open source software.
    • Developers interested in using open source software, where possible, should seek a package under a license that does not require further review from legal.
    • All uses of open source software, even those that do not require review by legal, should be discussed with and approved by a designated developer having open source experience.
    • The proponent developer should present the reviewing developer with a description of the software, a copy of the license, a statement of intended use for the software (e.g., as a standalone application, as a dynamically-linked library, ashosted software-as-a-service, etc.), and a discussion of the business case for using the open source software.
    • The reviewing developer considers this information against the policy set by legal and either confirms that the software can be used without further involvement from legal, or escalates the matter to legal for further review.
  • Regularly remind your developers of these policies and review their usage of open source software.
Robert_j_blasi
This publication, which may be considered advertising under the ethical rules of certain jurisdictions, is provided with the understanding that it does not constitute the rendering of legal advice or other professional advice by Goodwin Procter LLP or its attorneys. Additionally, the foregoing discussion does not constitute tax advice. Any discussion of tax matters contained in this publication is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing or recommending to another party any transaction or matter. © 2007 Goodwin Procter LLP. All rights reserved.
Creative Commons License   This work is licensed under a Creative Commons Attribution 3.0 License.
 
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