IEEE Software · 2004 · 103 citations · 0 references
ManagementComputer ScienceRisk ManagementIntellectual PropertyNew Product DevelopmentSoftware EngineeringIntellectual Property ProtectionIntellectual Property RightsLicensingProduct DevelopmentRisk EngineeringSoftware CopyrightOpen Source Risk ManagementOpen Source Software LicensingOpen-source Software DevelopmentProduct Liability RulesSoftware EthicsSoftware License Liability LimitationsSoftware Licensing ImpactsSoftware Risk Management
Open source software is increasingly used in commercial products, but legal aspects vary by license and pose new liability and intellectual‑property risks that many industry practitioners are still learning to manage. The paper aims to answer common questions on how to handle OSS legal and managerial issues to mitigate risk in product development. It presents a top‑down framework that defines OSS, outlines its benefits, identifies key legal risks, and shares practical experiences for managing these risks in software engineering practice.
There are important legal aspects involved in using open source software in commercial products. Here are answers to common questions on how to handle these issues to mitigate risk. The use of open source software in industrial products is growing rapidly because its many advantages are well known. However although we in industry understand liability and intellectual-property-right risks fairly well, the implication of OSS-related legal and managerial issues are new to many of us. Legal aspects can vary greatly from one piece of OSS to another depending on the license scheme used. We discuss the major legal aspects and risks in using OSS and how to mitigate them in product development. We've ordered the information in a top-down approach, starting with a definition of OSS, its benefits, and then some risks and experiences with managing it in software engineering practice.