What is Open Source Software?

In today’s world, software powers nearly everything from small business websites to major corporate operations. But not all software is created or shared in the same way. One term you may have heard thrown around is “open source software.” Continue reading and reach out to Lemler IP to learn more about open source software and why you should know about it from a skilled New Orleans, Louisiana intellectual property lawyer.

What Does “Open Source” Really Mean?

Open source software (OSS) refers to computer programs whose source code is made freely available to the public. This means that anyone–developers, businesses, even hobbyists–can view, use, modify, and distribute the software without paying for it. While that might sound like a free-for-all, there are actually strict licenses that govern how the software can be used. These licenses, though more permissive than traditional software agreements, still carry legal weight.

To put it simply, open source doesn’t mean “no rules,” it just means different rules.

Many of the technologies we interact with every day, including popular platforms like WordPress, Firefox, and even parts of Android, are built on open source foundations. Developers often contribute to these projects voluntarily, creating a global community of collaboration. Businesses love open source for its cost-effectiveness. But despite all these benefits, there are risks involved, especially when it comes to intellectual property.

Can Open Source Software Infringe on Your Intellectual Property?

Yes, it absolutely can. And that’s something many companies and law firms overlook–until it becomes a problem. Just because open source code is available for free doesn’t mean it’s free of legal obligations. If you’re incorporating OSS into your business’s proprietary software without understanding the license terms, you could be exposing yourself to unexpected liabilities.

For example, some open source licenses, such as the GNU General Public License (GPL), require that any software built using their code must also be made open source. That could mean publicly disclosing code you meant to keep private–code that could represent your firm’s competitive edge. That’s where an intellectual property attorney becomes not just helpful, but essential.

A lawyer well-versed in open source licensing can help you understand exactly what you’re agreeing to when you use this kind of software. They can review your software stack, help you maintain compliance, and protect your proprietary innovations.

When Should You Speak to an Attorney About Open Source?

If your company is developing, distributing, or even just using software that includes open source components, it’s wise to consult an intellectual property lawyer. Don’t wait until you receive a cease-and-desist letter or find yourself forced to release confidential code. Proactively seeking legal guidance can save you from long-term damage to your brand’s reputation.

A qualified attorney can also assist in drafting policies for developers, vetting third-party code, and educating your team on what licenses are acceptable to use.

If you have further questions about open source software or any other intellectual property issue, please don’t hesitate to contact Lemler IP today.