Free and Open Source Software (“FOSS”) has become ubiquitous in software development and corporate computing environments. Compliance with the myriad of differing FOSS licenses is challenging even for the most sophisticated enterprises. FOSS usage and license compliance is routinely scrutinised in financing and acquisition transactions, and enforcement actions by FOSS authors have been on the rise in recent years. Wood & Lee lawyers have extensive experience advising clients about the issues related to use of FOSS and to releasing code under FOSS licenses.
- Applying FOSS licenses to technical scenarios and advising on resulting copyleft and other licensing risks and compliance concerns.
- Conducting and advising on diligence reviews of FOSS usage.
- Negotiating representations and warranties related to FOSS in mergers and acquisitions, financing and commercial transactions.
- Assisting in the development of FOSS usage policies.
- Advising clients regarding “dual-licensing” and other FOSS business models.
- Assisting in the selection of an appropriate FOSS license.
- Providing FOSS training to in-house legal and engineering groups.