You need to know what is in your source code. We can help. We use proprietary search technology and methods to identify open-source code and software licenses in any source code file. Outsourced code methods cost less than other vendors. We are software and copyright attorneys who can asses and reduce your risk. Contact us today for more information about our software code audit capabilities.
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
Dual licensing is a software distribution model where the same codebase is released under two licenses: open-source and a commercial or proprietary license. This approach allows developers to offer the software freely to the open-source community while providing a paid version with additional features or support to commercial entities. By opting for dual licensing, businesses can leverage the innovation of open-source development while securing the rights and support that come with a commercial or proprietary license.
Contributor license agreements (CLAs) are crucial to dual-licensing projects for several reasons, primarily revolving around legal clarity and project governance. In a dual-licensing model, where the same codebase is distributed under an open-source and a commercial or proprietary license, contributor agreements serve as formal contracts that specify the terms under which contributions are made to the project. These CLAs clarify intellectual property (IP) rights, ensuring that the project maintainers have the legal authority to distribute contributions under multiple licenses. Without a clear transfer or licensing of IP rights from contributors to the project, it becomes legally complex to include community contributions in the commercially licensed version of the software. Contributor license agreements often outline the responsibilities and expectations of both parties, providing a framework for how contributions are to be handled, reviewed, and incorporated. This ensures that contributions align with the project’s dual-licensing strategy and that there are no ambiguities that could later lead to legal complications.
You’ll get a listing of all the open source licenses in your code. From there the first step is you need to identify if there are any problem licenses. So in the context of a distributed mobile application, you want to avoid anything that’s going to be copyleft, because copyleft means you have to make your own source code available to anybody you give the application to.
Every company that uses, develops or integrates software should audit their code on a continual basis for third party copyrights, especially open source licenses. If you are an investor, or purchasing a company, you need to know what you are buying.
M&A requires that you conduct reviews of software applications and embedded software to identify, assess and, if necessary, mitigate risks associated with noncompliance with open source licenses.
Copyright infringement on the internet is a serious problem. If you think your copyright is being infringed, contact one of our Copyright Infringement Attorneys immediately as there is only a three-year Statute of Limitations to bring a copyright infringement claim. If you don’t protect your copyright against infringement, who will?
Not all use of a copyright constitutes infringement. Courts consider four factors in determining whether using a copyright is Fair Use: (1) Purpose & Character; (2) Nature of the Work; (3) Amount & Substantiality; and (4) Effect. This four-factor Fair Use analysis is determined on a case-by-case basis. No hard and fast rules can be pulled from the case law, but some governing principles can aid in the analysis conducted by your attorney.
“So what this means for proprietary software developers is that you need to know what other licenses may exist in your code. If there is copyleft code in your proprietary code, you may have a big problem says litigation attorney Enrico Schaefer.”
A copyright licensing attorney knows how important it is to draft the license agreement to your advantage. One of the primary values of owning and registering a copyright is that you can transfer some or those rights to third parties in exchange for royalties. Copyright licensing is contractual in nature and can either transfer all of the copyright rights in a work or only some of the rights provided by the Copyright Act. Copyright licenses are common, but often poorly drafted.
Traverse Legal’s Attorneys are globally recognized for their experience and results in the legal areas of: Complex Litigation, Internet, Trademark, Copyright, Patent, Cybersquatting, Drone, Defamation, Trade Secret, Non-Compete, and Business Law.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.
