Paul Schwartfeger considers the obligations that can arise when open-source software is incorporated into commercial products
- Copyleft licences can impose source code disclosure obligations, although their application to proprietary software and enforcement by third parties raise difficult questions under English law.
- Complex software dependencies and AI-assisted coding heighten the need to track code’s origins and licensing terms to avoid litigation and due diligence problems.
A software company develops two programs. One operates within the Linux kernel and is subject to an open-source software (OSS) licence. In commercial terms, it is effectively given away for free. The other is proprietary commercial software operating in userspace and is, through sales and licensing agreements, the company’s principal source of revenue.
The two programs communicate with one another, exchanging status updates and operating instructions. Those communications are crucial at a functional level. However, they may have legal significance too.
How close does the relationship between the two programs have to be before the licensing requirements affecting the OSS program have consequences
