reusch­law White­pa­per: Open-Source Software-Compliance

Open-source soft­ware (OSS) has beco­me an indis­pensable part of ever­y­day life in many com­pa­nies. In a sur­vey from 2021, 87% of com­pa­nies with more than 2,000 employees said they use open-source soft­ware in their com­pa­ny. Every fifth com­pa­ny uses OSS as a com­po­nent of its own pro­ducts and ser­vices, which are pas­sed on to cus­to­mers with source code adapt­a­ti­ons. The cost savings, access to the source code and the ease of swit­ching pro­vi­ders are par­ti­cu­lar­ly app­re­cia­ted. The are­as of appli­ca­ti­on are diver­se. Ger­man auto­mo­bi­le com­pa­nies are also incre­asing­ly tur­ning to OSS. Volks­wa­gen reli­es part­ly on open source for the deve­lo­p­ment of its VW.OS ope­ra­ting sys­tem. Mercedes-Benz recent­ly published a mani­festo to encou­ra­ge employees to use and pro­mo­te appro­pria­te software.

Howe­ver, OSS is not law­less soft­ware, and vio­la­ti­ons of the licen­sing pro­vi­si­ons may result in pro­hi­bi­to­ry injunc­tion, (fic­ti­tious) licence fees or even the obli­ga­ti­on to des­troy or take back the repro­duc­tion copies. The use of cer­tain open-source source codes may even result in the obli­ga­ti­on to dis­c­lo­se one’s own pro­gram­me code and thus in the dis­clo­sure of trade secrets. It is the­r­e­fo­re essen­ti­al to con­sider OSS com­pli­ance as part of a com­pre­hen­si­ve Com­pli­ance Manage­ment Sys­tem (CMS) in the company.

In this white paper, Ste­fan Hes­sel and Chris­ti­na Kie­fer high­light the risks of non-compliance with regu­la­ti­ons and are hap­py to help you mini­mi­ze the­se risks in your company.

You can down­load the full white­pa­per here.

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