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Open Source

Use of open source software has become widespread in the software industry, with conventional software engineers and programme providers being affected just as much as manufacturers of embedded systems. But even if extensive rights of use are granted for programmes that can be accessed without a license – such as Linux, Apache and Eclipse – this doesn’t mean that users have no obligations to observe. When products containing components of open source software are marketed in particular, that’s when license obligations become critical – and failure to comply with them virtually always results in an infringement of copyright. We can help you, no matter whether you need assistance with open source licenses of your own, or advice on how to market products in compliance with the licenses already in place.

The GNU General Public License (GPL) is the commonest license for free software, and it has already been the subject of numerous cases that have ended up in court. Especially if you want to combine GPL software with developments of your own or with programmes subject to other open source licenses, then you need to analyse the so-called “copyleft” thoroughly first of all. “Copyleft” is the obligation to impose the license terms of the GPL already in place on the recipient when you distribute software that derives from a GPL programme. This can call for an investigation into complex issues, such as exactly which components have to be licensed under the GPL and which do not, and with our long-standing experience we are able to provide a reliable legal assessment.

The GPL has already been enforced in a number of court cases here in Germany. Anyone who provides a development of their own as open source software may demand compliance with the license terms, or prohibit further use of the software. Ensuring compliance with open source licenses can often be done without filing legal action, especially in cases involving an accidental license infringement, but we can assert your rights as the author of a work in court as well. For the sake of fair competition, anyone complying with an open source license may also be concerned about its competitors doing the same, in order to ensure that a provider who follows the rules is not put at a competitive disadvantage.

Using open source licenses for new developments may be an instrument for ensuring competitiveness – but exactly which open source license to choose is fundamental to the business model envisaged. In practice various license models have emerged, ranging from a parallel license covering both proprietary software and open source software (known as “Dual Licensing”), to allowing free use of just part of the new development. We can help you here by analysing the various possibilities available under licensing law.