An open-source component can be integrated in no time. Legal questions rarely arise at the point of selecting a component, but rather along the way: during integration, distribution, patching, or when publishing your own projects. We have been guiding our clients along this journey for over 15 years, from initial training right through to contentious proceedings. And for day-to-day checks, there is the FOSSmatrix – our legal assessment of OSS licences at the click of a button.
Understanding
It all starts with knowing the rules of the game. In training courses, seminars and workshops, we convey the fundamental principles of open source, the most important licences and the obligations they impose. This builds in-house expertise across the organisation, from the development team through to the legal department.
Policy
An open-source policy translates your organisation's risk profile into clear, actionable procedures. We draft it, define the required process steps and support its roll-out until the policy is firmly embedded in day-to-day operations. Standardised checklists are part of the package.
Auditing
What is in the software, and what does that mean in practice? Individual components are scanned, documented and legally assessed – licence by licence and in relation to their specific use case. With the FOSSmatrix, a large part of this review runs in a standardised and scalable way: over 200 assessed licences, 68 review criteria, every assessment reasoned.
Delivery
Compliance artefacts must leave the organisation correctly alongside the product itself. Template documentation ensures implementation is swift and consistent, including in edge cases such as embedded software, IoT or devices without a user interface.
Publishing
Releasing your own software as open source is a strategic decision. We advise on licence selection, structure the project and draft Contributor Licence Agreements and Contribution Policies.
Enforcement
When disputes arise, experience and speed are what count. We represent companies in proceedings concerning OSS licence infringements and implement compliance measures when time is of the essence.
A licence infringement is a copyright infringement. The range of remedies available to enforce licence rights is correspondingly broad:
Injunction – immediate cessation of sales of all affected products
Recall – removal of products from distribution channels
Product modification – urgent removal or replacement of OSS components
Damages – recoverable even where the software is available free of charge
Recovery of costs – legal fees and contractual penalties, where agreed
Copyleft/patent left effect – loss of software-related patent rights
Why Osborne Clarke
- Technical background: several of our lawyers have previously worked as software developers
- Over 15 years of hands-on experience from open-source mandates
- OpenChain partner, with support through to certification if required
- A proven track record of successful representation in proceedings concerning OSS licence infringements
- The FOSSmatrix was developed from of this practice
- Contract drafting and M&A due diligence relating to open source are equally part of our day-to-day work – delivered seamlessly across offices
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