Open source is a style of copyright licensing, often used for software, where the source code (essentially the instructions for building the software) is made available.
“While open source software packages may be used and distributed without requiring payments to the original author(s), using or distributing open source can sometimes trigger other obligations that may be worth considering.”
Dwayne Nelson
Open source software can be a major time-saver for individuals and organizations looking to deploy complex software systems without having to create each and every component from scratch.
By leveraging open source, programmers can carefully engineer the components that they care the most about, but then use existing open source components for the rest.
With the resulting savings in development time and expenses, it is easy to see why open source software can be so attractive.
The advantages of open source software go beyond savings. Because the source code is available to inspect and modify, it can be possible to find and repair errors or even add new features — all without needing the cooperation or even permission of anyone else.
These enhancements can then be contributed back to the original package to benefit all users of the software … literally giving back to the community.
While open source software packages may be used and distributed without requiring payments to the original author(s), using or distributing open source can sometimes trigger other obligations that may be worth considering.
Depending on the type of open source licensing terms (there are many types) you agree to, you may even be obligated to grant related patent licenses or make your own source code available.
For this reason, it makes sense to look into the details of the license terms available (there may be several options) as you consider whether a particular open source software component is a good fit for your project(s).
The Open Source Initiative maintains information for many open source licenses at https://opensource.org/licenses
Dwayne Nelson operates Nelson Patent Law in the Inland Empire. He can be reached at dwayne@inlandip.com
