"Programmers are finding a wealth of software code
available to them for free on the Internet and incorporating this
software into the company's systems and software products. What
CIOs may not be aware of are the potential legal risks such conduct
may create, particularly when open source code is used. Rare is the
month when a lawyer who specializes in technology does not have a
new client asking for help in untangling an open source code
problem.
Many misunderstandings swirl about open source software. It does
not signify that the software is in the public domain and can be
used freely. In fact, the open source movement relies heavily on
copyright law and restrictive licenses to ensure that redistributed
code remains open and cannot be usurped by developers who might
modify and release it as their own under traditional licensing and
copyright restrictions.
Although no single license is used for all open source
distribution, the GNU General Public License (www.fsf.org/licenses/
gpl.txt) has generally been the starting point for redistribution
licenses. The purpose of the GPL, according to its preamble, is "to
guarantee your freedom to share and change free
softwareâ€"to make sure the software is free for all
its users." Any software can be made subject to the GPL if its
owners indicate that the software is "subject to the GPL." That
statement will normally be found on the Web site, in the
documentation or in the comments section of the source code. If the
Web site merely refers to "open source," "shareware" or a similar
phrase, CIOs should assume that it is subject to the GPL until they
can determine otherwise."
