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Why Organizations need to be Careful with Open Source Software?

A detailed review of the open source software will be able to highlight all the issues, problem areas, but it is quite tough to highlight the IP issues.The term “open source software” is quite a familiar and popular term with organizations and individuals alike these days. The IT departments of any organization are well aware of the software and its benefits. The free and open source software developed by numerous s software developers ensures that the source code is freely distributed and has no limitations with respect to copyrights, in contrast to the proprietary software.

The open source software might seem to be quite beneficial and simple, but the lawsuit of the open source Linux Operating system that was in the news reminds every organization and individual that this software has the potential to make any user responsible for any unintentional breach of someone else’s rights with respect to Intellectual Property (IP).  This case has taught many software users to be very cautious. Users should make sure they investigate, question and then take a decision on the use of the software taking into consideration its benefits, risks, and cost-effectiveness.

In order to avoid such sticky scenarios, companies can hire a privacy lawyer in Massachusetts or even an open source counsel. Companies must ensure that these professionals must be in touch with their IT team and other teams and must be involved in the entire process of getting and implementing open source software for the firm. This is necessary as it helps the lawyers to advise the firm and the teams on the software which is the best for the firm without being biased. They can provide the best advice post understanding the entire process of the software deal. A privacy lawyer in Massachusetts also helps in ensuring that the company is compliant with licenses of the software that will be used in their systems. An Open Source Review Board (OSRB) is held wherein such issues are discussed and finalized. Companies that are bigger will have representatives from each department along with a legal team- internal or external on their Board.

Proprietary software is being developed by one commercial software entity in contrast to open source software, where numerous software developers, as well as users, help in modifying and improving it. According to the open source license which promotes the open source software, whoever modifies the software and shares it, has to ensure even the slightest of modifications are shared at a minimum cost or no cost. The modified source code has to be made available to a third party in open source software.

The process relies on an unverifiable premise – the are chances of distributing a corrupted contribution. Although many developers might respect other individuals IP rights, it is possible that even one person can include somebody else’s corrupted contribution.  This is quite tough to identify, irrespective of how closely the process is being scrutinized. This is why an open source lawyer in Massachusetts is a requirement. The lawyer will be in a better position to analyze and identify the potential risks along with the IT team, in the beginning, stages itself and the company can avoid itself from getting stuck in legal issues.

Open source software is promoted with a license that has a little risk involved- there is no warrant on the code integrity. Licenses of Open source software transfer the liability risk of the intellectual property from the developer to the user of the software, in contrast to other software licenses which offer to compensate the licensee if there are any suits pertaining to the infringement of IP rights of a third person. Due to such risks, corporate firms have made it a point to hire privacy lawyers in Massachusetts. Corporates have to be very cautious while using open source software. As per FOSS compliance, each software developer or even the user of an Open Source Software must comply with the copyright notices and make sure the license obligations are met by them. These days, this gets a little complicated as every single company or person wants to safeguard their intellectual property and may not want to share the information of a third party who could be part of their product.

Measures to be taken by Corporates for the use of Open Source Software:

Firstly, the company has to understand if the use of open-source software is required in their computer systems.

Secondly, the company has to review the license details of the software, with its information technology team and its open source counsel. This will help them to identify any potential liability. This is the point where every company needs to get its open source counsel partner up with the company’s IT team in order to understand the process.

Lastly, the firm must analyze the risks and benefits of the software and how the software will benefit the company in the best possible way.

A detailed review of the open source software will be able to highlight all the issues, problem areas, but it is quite tough to highlight the IP issues.

Open source software is quite beneficial to an organization- it is cost-effective. Any developer or user can modify, make improvements or get bugs fixed, without the need to await the release of the updated version of the software. An open source software does not rely on the creator of the software for any improvisation of resolution of issues. Irrespective of whether the entity is a success or a failure, the source code is freely shared and continues to exist for further improvisation.

Open source software is a lot cheaper than proprietary software, but the benefit of indemnification is a requirement. Companies have to be very cautious and analyze all the odds instead of just focusing on the low-cost aspect.  A wise decision is one where the company analyzes the benefits, the risks as well as problems that come with the software, and also understands how the software would benefit the company. With the assistance of IT experts as well as the open source counsel, organizations will be able to avoid any sort of intellectual property liability.