Open Source or Open Season?: What legal professionals need to know about open source software before dealing in corporate transactions and the ramifications of GPLv3

By Emily Prudente

Abstract

With the Internet’s growing ubiquity and prevalence, the use of open source software has increased and evolved rapidly. The unique licensing schemes covering open source software make it particularly intriguing from a legal perspective, and for uninformed legal professionals. Without an acute understanding of the details of these licenses, the world of open source code quickly becomes treacherous and ripe with potential pitfalls. For attorneys practicing corporate law, intellectual property law, or those who serve as general counsel to technology companies, awareness of the increasingly complex world of open source licensing is of paramount importance. Companies stand to lose a great deal, in some cases, everything, if open source code is not properly managed. This note will focus on what legal professionals need to know about open source software before dealing in corporate transactions.

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