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CHECK US OUT ON SOCIAL MEDIA Facebook: www.facebook.com/LawPracticeCLE lnstagram: www.instagram.com/lawpracticecle Linkedln: www.linkedin.com/company/lawpracticecle Twitter: www.twitter.com/LawPracticeCLE What Every Attorney Needs to Know About Open Source Software Chris Stevenson, Senior Attorney, DLA Piper Overview 1. What is Open Source Software? 2. Common Open Source Software Licenses 3. Why Should Your Clients Care About Open Source Software 4. Steps Your Clients Should Take www.dlapiper.com 2 What is Open Source Software? www.dlapiper.com 3 Common Misconceptions About Open Source “Open source is in the public domain." "All open source licenses “I downloaded this require the release of software for free, so its source code for open source, right?" everything." "None of these agreements are "No one will enforceable so it doesn’t ever know." really matter anyway." www.dlapiper.com 4 Open Source Software Definition • Software available as source code and offered to all on standard terms under an open source license • Open Source License • Free Software Foundation: Four Freedoms • OSI: Ten Attributes • Generally allow anyone to: • Run • Study • Redistribute • Distribute Modifications www.dlapiper.com 5 Who is Using Open Source? • Nearly everyone uses open source software • Open source components found in 99% of all software applications scanned* • Average code base contained 445 open source components (up from 298 in 2018) • Average percentage of code base was 70% (up from 60% in 2018) • 75% of audited code bases contained at least one open source software security vulnerability • Few companies can produce an open source list with any confidence * Source: Black Duck by Synopsys 2020 Open Source Security and Risk Analysis Report www.dlapiper.com 6 Open source can enter codebases from a variety of sources FOSS Community Internally Developed Code Outsourced Code Development Your Software Application Commercial 3rd-Party Code THE ENTERPRISE www.dlapiper.com 7 Benefits to Developers Using Open Source • Lower development costs and accelerated development cycles • Little or no up-front development • Time to market • Source code already exists • Increased user base • provides assistance in tracking and resolving errors • Defects are found before you find them • Defects are already fixed when you find them • More immediate feedback on desired functions www.dlapiper.com 8 Benefits to End Users of Open Source • Low cost at the point of acquisition • Low barrier to adoption • Swifter acquisition cycle: try before you buy • Flexibility at deployment, predictable license costs • Easy to customize software • Commercial and community support www.dlapiper.com 9 Common Open Source Software Licenses www.dlapiper.com 10 Basic Open Source Vocabulary • Permissive • Modifications/enhancements may remain proprietary. Distribution in source code or object code permitted provided copyright attribution & liability disclaimer are included • Examples: Berkeley Software Distribution (BSD), MIT, Apache Software License • Restrictive/Reciprocal/Copyleft • Requires licensee to make improvements, enhancements and derivative works available under similar terms • Examples of reciprocal licenses: GPL, LGPL, AGPL, EPL, CDDL • Attribution • Notice/publicity for contributors of code • Sample attribution clause: “The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software” www.dlapiper.com 11 Open Source License Spectrum Restrictive/Reciprocal Less Restrictive Permissive • GNU General Public License • Mozilla Public License (MPL) • MIT License (GPL) • Common Public License (CPL) • BSD License • GNU Lesser General Public • Eclipse Public License (EPL) • Apache License v1.1 License (LGPL) • Common Development and Distribution • W3C Software Notice and License • GNU Affero General Public License (CDDL) • Open Symphony License License (AGPL) • IBM Public License (IPL) • Apache License v 2.0 • Creative Commons Attribution • Microsoft Public License (MS-PL) Non Commercial Share-Alike • Artistic License License • Perl Artistic License • Open Software License v2.0 • Creative Commons Attribution v2.0 and v2.5 • Academic Free License v2.1 • Code Project Open License (CPOL) Restrictive Permissive www.dlapiper.com 12 Reciprocal License Example: GPL (Key Provisions) GPL v.2 (Section 2.b.) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this license. GPL v.2 (Section 3) You may copy and distribute the Program (or a work based on it) in object code or executable form … provided that you also do one of the following: • accompany it with the complete corresponding machine-readable source code … on a medium customarily used for software interchange; or, • accompany it with a written offer … to give any third party, for a charge no more than your cost of physically performing source distribution, a complete