Open Source
Legal compliance for your software project
We ensure legal compliance when using open source components and protect your interests in the event of licence violations – both preventively and in actual disputes.
Open Source Software: Seizing Opportunities, Optimising Risks
In today’s software landscape, the use of Open Source components has become prevalent, with an average of over 70% of modern software being made up of these elements (FOSS). The reasons for this are twofold: modular software development and flexible licence models that grant extensive rights of use. However, it is important to note that while free and uncomplicated access is provided, there are still obligations that must be met.
Licence requirements must be strictly observed, especially in the context of distributing proprietary products that incorporate Open Source components. It is important to understand that violations regularly result in copyright infringements.
We provide comprehensive support to help you plan and implement a product that is in full compliance with license requirements. Our expertise extends to enforcing Open Source licenses, ensuring your products are developed with the utmost compliance in mind.
Open Source Licence Compliance
When integrating Open Source components, it is essential to conduct a thorough analysis of the copyright and licensing framework to ensure compliance with the relevant open source licences. Software products frequently incorporate a variety of third-party libraries that are governed by different licensing models, or even combine code subject to various Open Source licences.
In order to ensure reliable licence compliance, we carry out a number of checks, including:
- Licence compatibility of components used
- Copyleft risks and possible disclosure obligations for in-house developments
- Architecture-dependent analysis – in particular for Linux-based embedded systems and Eclipse and Java solutions
With our many years of expertise, we provide sound legal assessments and comprehensive advice on compliance measures.
Together with our technical partner Tjaldur Software Governance Solutions, we offer, among other things:
- Introduction of open source compliance systems in accordance with ISO/IEC 5230:2020 (OpenChain)
- Source code scans to determine licence information, licence obligations and compatibility
- Analysis of binary code and third-party components
- Creation of checklists for licence-compliant distribution
- Checking whether in-house developments must be placed under an open source licence
- Audits to review processes and products
- Development of a company-wide open source compliance policy
Open Source in transactions
In IT-related due diligence reviews, it is essential to assess the Open Source licence situation to ensure compliance for both buyers and sellers. Our team has extensive experience in conducting such reviews, and we are glad to collaborate with M&A law firms that do not have in-house expertise in this area.
GPL and Copyleft: A thorough analysis is required
The GNU General Public Licence (GPL) is one of the most important open source licences and has been the subject of several court rulings. Its copyleft mechanism requires derivative software to be distributed exclusively under the GPL.
This raises complex questions, especially when combined with proprietary components or other open source licences. We provide comprehensive advice on legal assessment and practical solutions.
Enforcement – protecting rights, defending claims
Open Source licences such as the GPL have already been successfully enforced in German courts on several occasions. Rights holders are entitled to demand compliance with the licence terms or prohibit its use.
We represent you
- in enforcing your copyright claims
- in the out-of-court settlement of licence infringements
- in defending against unjustified claims, e.g. in the case of mass C&D letters in connection with Creative Commons licences, GPL or LGPL
For companies, reviewing competitors’ licence compliance can also be an important tool for fair competition.
Contributions and own open source projects
Open Source licences can be deliberately used as a strategic tool – for example, through dual licensing or the release of specific modules. We advise you on suitable licence models and support you in aligning your open source strategy.
Open Source – legal compliance from a single source
We provide clarity on the use of Open Source software and protect your interests – we do this in a preventative, consultative and proactive manner, and can also assist you in the event of a dispute.