But wait a minute, what is OSS? Open Source Software refers to any software subjected to a license that makes the source code available to everyone. You can change the source code or even change its mode of operation. However, this does not mean that it does not have any legal issues. Common open source software legal issues are explained below.
Licenses for OSS come in different forms, and they all offer different terms of usage. The Copyright Law recognizes that all intellectual works programs, data, pictures, articles, books, etc. That means that the owner of a copyright holds the exclusive right to reproduce and distribute his or her work. For software this means it is illegal to copy or distribute software, or its documentation, without the permission of the copyright holder.
If you have a legal copy of software you are allowed to make a single archival copy of the software for backup purposes. However, the copy can only be used if the original software is destroyed or fails to work.
When the original is given away, the backup copy must also be given with the original or destroyed. Lack of copy-protection does NOT constitute permission to copy software without authorization of the software copyright owner.
In offering non-copy-protected software to you, the developer or publisher has demonstrated significant trust in your integrity. Software acquired by colleges and universities is usually covered by licenses. The licenses should clearly state how and where the software may be legally used by members of the relevant campus communities faculty, staff and students.
Such licenses cover software whether installed on stand-alone or networked systems, whether in private offices and rooms, or in public clusters and laboratories.
Some institutional licenses permit copying for certain purposes. The license may limit copying, as well. Consult your campus authorities to be sure if you are unsure about the permissible use of a particular software product. Nonprofit educational institutions are exempted from the modification, so institutional software may be loaned.
Some licenses may even restrict the use of a copy to a specific machine, even if you own more than one system. In general, licenses usually do NOT allow the software to be installed or resident on more than a single machine, or to run the software simultaneously on two or more machines. Historically, the Copyright Law was modified to permit certain educational uses of copyrighted materials without the usual copyright restrictions.
For most software it is clearly illegal to make and distribute unauthorized, fully-functional copies to class members for their individual use. The developer will also agree to maintain the confidentiality of any trade secret information created during the development period or received from the customer to assist the developer with its work. Because of the complexity of software, it is not uncommon for delivered software to not conform perfectly to the specifications.
The developer will want more leniency in the consequences for delivering software that fails to perfectly conform to expectations. The agreement should allow the developer the opportunity to cure any mistakes or errors, within a reasonable time.
If a problem cannot be overcome during the cure period, the customer will generally have the option to either extend the cure period, terminate the agreement and demand a refund from the developer of any development fees previously received from the customer, or make the corrections itself and charge the developer for costs associated with fixing the problem.
Rights in software code and other work product created under a software development agreement are typically protected under copyright. Depending on the needs of the customer, the agreement can culminate in either an outright assignment of the developed software from the developer to the customer — including any copyright and patent rights in the software — or simply a non-exclusive license to the customer, with the developer retaining ownership.
For example, it may be that the customer has an idea for software to improve its own internal systems, but the customer has no intent, or capability, to produce and commercialize the software. Which party ends up owning the software should affect the consideration given to the developer. The developer will, invariably, use open-source software. Who and for how long bears the responsibility for the project, the final product and the result of a specific sprint?
Should the contract include liabilities for late performance or worse quality? The nature of Agile development influences the issue of the non existence of IP rights too. Who is the owner? At which point does the Developer transfer these rights to the Buyer?
What documents must be submitted after certain period or after a completion of the whole project? Due to the specific nature of Agile software development, the contract must include an agreement on the pricing model. The contract should specify, at which moment the party may send an invoice.
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