Open Source Licences – What every developer and researcher should know
Open source software (OSS) is now so commonplace that we often do not even notice when we are using it. Libraries, APIs and entire platforms are integrated into projects in research, studies, teaching and business alike. There are good reasons for its popularity: OSS accelerates development because work can begin on top of existing libraries and tools instead of building everything from scratch. The code can also be flexibly modified to suit specific needs and combined with other solutions.
Alongside these benefits come rules that are essential to understand. Open source does not mean “free use without conditions.” In most cases, OSS is distributed under a licence that defines how the code may be used, modified and further distributed. These licence terms can have a surprisingly significant impact on what you are later allowed to do with your own development work.
These topics were discussed in an InnoWebinar featuring Suvi Julin from Berggren Oy. Here are her key points.
Licences are not just legal formalities
Open source software means that the source code is publicly available to be viewed, used, modified and distributed. Some open source licences are highly permissive and allow broad freedom for further development, while others require that modified or derivative works must also be distributed as open source. This directly affects, for example, whether the software can be incorporated into a closed-source product or a commercial service. That is why reading and understanding licence terms is essential.
Commercial licence: Open source software can, as a rule, always be used for commercial purposes under its licence. However, the licence does not automatically grant the licensee the right to impose additional restrictions on users of the software.
Copyleft licence: Reciprocity is central. If software licensed under a copyleft (reciprocal) licence is distributed, the source code must be made available and derivative works must be licensed under the same terms. Such software cannot generally be incorporated into a product distributed under a proprietary (non-open source) licence.
Non-copyleft licence: These so-called permissive or academic licences provide more flexibility and may allow the development of closed, proprietary solutions based on the open source component.
Planning is everything
Problems related to open source rarely arise from the code itself, but from a lack of planning and from not being aware of or complying with licence terms. Copyright infringement may occur, for example, if required licence notices are not included or if licence conditions are ignored in further development. It is therefore essential to know which components are being used, under which licence, and in which products.
Patent risks, in turn, become particularly relevant during growth phases and when entering new markets. Infringement of third-party patents may not become visible until the software has gained sufficient visibility and traction. Monitoring competitors’ IP rights and, where necessary, conducting freedom-to-operate analyses can help prepare for potential issues.
Also, remember to protect your own work even when using open source software. There are several protection mechanisms available, including copyright, trademarks, design rights and patents. The most important thing is to clearly identify which parts of your solution are based on open source components and which parts constitute genuinely new and original development work.
In practice, risk management in the use of open source means clear guidelines, anticipation, documentation and systematic planning. Regulation and documentation requirements are continuously evolving, which further underlines the importance of transparency and traceability.
Good practices are ultimately quite straightforward:
Know which open source components your team uses
Document the applicable licences and intended use
Ensure compliance with licence terms
Protect your own product development through patents, trademarks, design protection, etc.
Monitor competitors and their IP rights
Provide internal guidance to ensure the team acts accordingly
Open source offers tremendous opportunities when its use is planned and properly managed. By understanding licence terms and protecting your own development work, OSS can effectively support both research and product development.
Interested in learning more about IP rights and how to protect works and inventions? Join the Innovation Centre’s webinars and courses available through InnoEvents.