Open source software meaning

Free and open source software (OSS) Free and open source software (OSS) is a collective term for software released under a licence that gives the recipient rights to use, alter, and share it—whether in its original form or a derivative—usually without charge or royalty, and for which the software’s source code is accessible. This stands in contrast to the software licences lawyers are more accustomed to, which may seek to stop the licensee from accessing the source code, using the software across multiple users, locations or computers, and from making and distributing copies. Free and open source software (often called ‘FOSS’) emphasises freedom rather than restriction. Although it is typically provided free of charge (gratis), the ‘free’ in ‘free software’ is intended to indicate liberty, not price. Another acronym, ‘FLOSS’, is occasionally used, where the ‘L’ stands for ‘libre’. While there are many advantages to employing OSS (and many widely adopted OSS projects are stable, well-developed and cost-effective), there are some downsides, as well as considerations to weigh during...

In this issue: Information technology Internet Media Advertising, marketing and sponsorship Reputation management Telecommunications LexTalk®TMT: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Information technology Commission consults on draft Guidance on EU Cyber Resilience Act The European Commission has opened a consultation on a draft Communication offering direction on how to interpret and apply in practice Regulation (EU) 2024/2847, the EU Cyber Resilience Act (EU CRA). In line with Article 26(1) EU CRA, this non-binding guidance seeks to support manufacturers, developers and other stakeholders in understanding their obligations and fostering a harmonised approach across the EU, with a particular emphasis on helping microenterprises and small and medium-sized enterprises meet compliance needs. the scope of the EU CRA, including free and open-source software and what constitutes a substantial modification; support period obligations; designation of important and...

What are GPAI models? The EU Artificial Intelligence Act (EU AI Act) primarily targets AI systems, especially those labelled high-risk. This stems from the EU’s risk-based methodology adopted by the EU. In its final form, the EU AI Act also expressly brings general purpose AI (GPAI) models within the scope of regulation. Although AI models are vital building blocks of AI systems, they are not, by themselves, AI systems at all. In essence, a model comprises large collections of parameters—sometimes running into billions—that can be applied to input data to generate an output. To operate as an AI system, additional components are required, for example a software interface. Under the EU AI Act, GPAI models are described as models showing broad output generality and able to address a wide range of distinct tasks. Frequently, these models will often have been trained on large quantities of data. What is the approach of the EU AI Act for GPAI? As GPAI models can be used for many purposes, including...

In this issue: New technologies Information technology Internet Data protection Advertising, marketing and sponsorship Telecommunications LexTalk®TMT: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information New technologies Uncertainty looms as AI copyright consultation closes Law360, London: Lawyers indicate the UK government looks set to continue with proposals to reform intellectual property law so that businesses can scrape copyright material to train artificial intelligence (AI), notwithstanding ongoing appeals from creatives for tougher controls. See: Uncertainty looms as AI copyright consultation closes. Artificial Intelligence (Regulation) Bill The Artificial Intelligence (Regulation) Bill, a private member's bill, has been introduced in the House of Lords by Lord Holmes of Richmond and received its first reading on 4 March 2025. This is the second introduction of a bill with the same title by the same peer. The earlier Bill fell when Parliament was dissolved...

What is a hackathon? A hackathon is usually a 12–48-hour sprint where multidisciplinary teams—coders, developers, strategists, data scientists, subject-matter specialists and innovators—work intensively to tackle a defined problem in a short window. The aim is to generate fresh concepts, tools or platforms, often ending with a functional prototype or a concept pitch. They trace their lineage to tech culture: the first officially recognised hackathon took place in 1999 in Calgary, though collaborative meet-ups go back to the 1970s with groups such as the Homebrew Computer Group, where the first Apple computer was unveiled. Today, hackathons cut across many sectors and goals, and are not exclusively technology-focused. The author once ran an inspiring game jam—a game development focussed hackathon—designed to speed up cancer cures by turning cancer data analysis into gameplay, delivering scientifically robust outputs thanks to watertight algorithms. Whatever the topic, the core principles and structure are largely consistent. In law, they are increasingly used to drive innovation, widen access to justice, and connect with legal...

Intellectual property rights (IPR) can frequently become flashpoints and areas of dispute in outsourcing contract discussions and negotiations. Questions typically centre on the ownership and the licensing of rights, and also on the warranties and indemnities that each party seeks from the other concerning their authority to supply IPR (or provide access to it). This Practice Note addresses the following: Is intellectual property core to the deal? Categories of IPR in outsourcing arrangements Background IPR Foreground IPR Open source software New technologies including artificial intelligence (AI) and robotic process automation (RPA) Warranties and indemnities Handling of IPR on exit For illustrative clauses on IPR in outsourcing, refer to clause 29 in Precedent: Outsourcing agreement—long form. For a template IPR indemnity clause, see Precedents: Third party intellectual property rights indemnity clause—pro-supplier and Third party intellectual property rights indemnity clause—pro-customer. Is intellectual property core to the deal? In some outsourcing projects, the creation and ownership of...

This Practice Note considers the following commercial and legal issues arising from the use of free and open source software: What is free and open source software? History Upstreaming and forking Free and open source licences Distribution of modified works (and the reciprocal effect) Linking and incorporation Software as a service (SaaS) Compliance requirements Licence incompatibility Bare licence or contractual licence Patents Trade marks Corporate transactions Software bill of materials Software licensing to the end user Enforcement Free and open source software (sometimes called ‘FOSS’) is a collective term for software released under a licence granting recipients the rights to use, adapt, and share it—whether unchanged or modified—without fees or royalties, with the source code made available. In contrast, the software licences most familiar to lawyers may seek to stop the licensee from accessing source code, using the software across multiple users, locations or computers, and from making and...

Parties This Agreement is entered into on [ insert date ] (the Commencement Date) between the following: [ insert supplier name ], a company incorporated in England and Wales with registered number [ insert company number ] and registered office at [ insert registered office ] (the Supplier); [ insert customer name ], a company incorporated in England and Wales with registered number [ insert company number ] and registered office at [ insert registered office ] (the Customer). Each of the Supplier and the Customer is a party, and together the Supplier and the Customer are the parties. Background (A) The Supplier is [ insert Supplier’s background details and the background to the relevant transaction ]. (B) The Customer is [ insert Customer’s background details ]. (C) The Supplier intends to create certain Software (as defined below) and the Customer intends to appoint the Supplier to develop the same under the terms of this Agreement...

This Agreement is entered into on [ insert date ], as set out below. Parties [ insert supplier name ] a company incorporated in [ England and Wales ] with registered number [ insert company number ] and with its registered office at [ insert registered office ] (the Supplier ); [ insert customer name ] a company incorporated in [ England and Wales ] with registered number [ insert company number ] and with its registered office at [ insert registered office ] (the Customer ). (each of the Supplier and the Customer being a party and, together, the Supplier and the Customer collectively constitute the parties ). Background (A) The Supplier is the [ sole ] proprietor of particular software together with associated intellectual property rights. (B) The Customer is [ insert details of the background to the transfer ]. (C) The Supplier has agreed to assign [ its OR all the ] intellectual property rights...

This policy sets out how the company uses free and open-source software (FOSS), ensuring adherence to every software licence that governs its use. All employees must complete the actions described in this policy before commencing any work that involves a FOSS product or component. Typical scenarios where this policy is required include: Using FOSS to create, maintain, or otherwise administer software applications, systems, servers, or networks Including FOSS in proofs of concept, evaluations, pilot initiatives, or tools for network monitoring or debugging Employing FOSS to implement a material upgrade or modification to an existing vendor product Linking FOSS to the company’s network, or accessing FOSS from the company’s network Rolling out any major upgrade or new release of previously approved FOSS, or applying FOSS to a use case different from that previously approved Conducting due diligence on a prospective acquisition target (or an asset), or preparing for the sale of an entity (or an asset) What is FOSS?...