 |
 |
Software - Open Source Code - A Benefit or Trap When Developing Software?
Jan 1, 2001
All of us have an opinion on the impact that open source software might have on commercial software development. Have you have ever wondered what this means to you? This issue of dotlaw.net highlights the key issue to watch out for.
One of the objectives of proprietary software licensing is to prevent the underlying technology from being discovered. For example, licenses commonly prohibit reverse engineering. Infrequently, the source code of proprietary software may be escrowed to permit the licensee to modify the software in extraordinary circumstances.
Open source and proprietary software work hand in hand in many corporate environments. The best-known open source software is the computer operating system Linux. Is it common in the commercial environment? You bet. Even the mighty Microsoft uses open source in its web based e-mail service, Hotmail.
To put things into context, open source is software object code distributed with its source code, with the intention that users can modify the software to their own needs. The by-product of the open source software can even be redistributed on a commercial basis.
Open source differs from proprietary software in that the proprietary software is usually developed in an environment of confidentiality, and is distributed pursuant to licenses that substantially restrict the way in which the software can be used and copied.
So how does this affect you? It affects your intellectual property rights, and specifically your copyrights. And what causes this?
A number of different "open source" licenses are used to distribute open source code. Differences in the licenses can be significant. One of the more commonly used open source licenses obligates users of open source code to distribute any and all programs based on the original open source. Whether you are creating software for proprietary internal use or to commercially distribute, this obligation will likely be inconsistent with your proprietary objectives.
By now, you may have guessed that the key lies in the license pursuant to which you acquire the open source code. Although each case can differ based on the respective facts, the simple objective is to ensure that the open source license pursuant to which you acquire the right to use open source code is satisfactory for your business purposes (whatever they may be in a given case). In most cases, this means ensuring that you are not obligated to disclose the fruits of your labours under terms unsatisfactory to you.
The seductiveness of open source is that it encourages rapid software development. The theory of open source is based on the existence of a large community of competent developers who can manage the software.
Will open source destroy commercial software development? The answer is no. Does it have the power to cause unintended and damaging consequences to intellectual property rights in software? The answer is most decidedly, YES.
If you think this issue might affect you, avoid unwanted and costly financial mistakes by seeking expert advice on your use of open source code, and on the licensing of your software to end users. All license ARE NOT created equal.
|
|
|
