Common use of FREE AND OPEN SOURCE SOFTWARE Clause in Contracts

FREE AND OPEN SOURCE SOFTWARE. Free and open source software (▇▇▇▇), which has become a hot topic in recent years, has had a revolutionary effect on many aspects of the software industry (this topic is discussed in detail in chapter 11). Most of these effects have been positive, and customers should avoid unreasonably fearful responses. The use of open source has grown to the point that it is often not reasonable to warrant that a product contains no open source materi- als. Instead, the prudent customer should make sure that the open source code is delivered in a compliant fashion and that it is aware of what restrictions may accompany the product it is receiving.8 In the context of software licensing between customers and vendors, there are two important elements to understand. First, the main legal risks for noncomplying parties arise under what are called the “copyleft” licenses, and not all ▇▇▇▇ software is provided subject to a copyleft 7. See chapters 14–18 for a discussion of potentially applicable privacy laws.