Author: Derek S. Underwood, Esq.

Open Source software has many advantages. Typically, the full source code is provided and the software is free. However, the use of Open Source projects as a basis or a component of a new commercial software product requires close attention to the specific terms of the licenses that accompany the respective projects. For example, Verizon was recently sued by the Software Freedom Law Center over its unauthorized use of an Open Source project called BusyBox which provides several common UNIX utilities in a single unit.

“Open Source” is a broad term and license terms vary from one software project to another. For example, some licenses require that if used as part of a new project, sometimes referred to as a derivative work, the new work must include not only the same source code provided by the Open Source project, but also the source code for the new work. This can be problematic for a new commercial software system that is closed and proprietary. Other licenses require that derivative works be the same cost to others as the Open Source project – free. Yet others allow for any use whatsoever, even without credit to the authors, in exchange for free beer.

Web languages and runtime systems, such as PHP or Ruby, often do not place requirements on authors of scripts and applications to provide source code to end users. However, third party Open Source web frameworks may contain restrictions and licensing requirements.

The Open Source community is savvy, vigilant, and organized. When using any Open Source software in the development of a proprietary system, it is important to work with your attorney to stay clear of licensing violations. Otherwise, the negative publicity, legal expenses and possible damages can be catastrophic.

About the Author
Derek S. Underwood, Esq. is an attorney with Colman & Underwood.