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Source code meaning

What does Source code mean?
In legal practice, source code is the human‑readable form of a computer programme used to create and maintain software, as opposed to object code (the machine‑executable form). Programmers write source code in languages such as C++ or Java; a compiler translates it into object code that a computer runs. Source code is central to software licensing, intellectual property ownership and assignment, maintenance and support, source code escrow, confidentiality and trade secret protection, and disclosure (UK) / discovery (Ireland) in litigation. Although not usually defined in statute, it is treated in UK and Irish copyright law as part of the protected expression of a “computer programme”. In the UK, the Copyright, Designs and Patents Act 1988 (implementing the Software Directive) and in Ireland the Copyright and Related Rights Act 2000 protect both source and object code; case law (including SAS Institute v World Programming) confirms that code is protected whereas functionality and programming languages are not. Access to source code is typically restricted: licensees often receive only object code unless a contract (or source code escrow) provides otherwise. Open‑source licensing grants rights subject to licence terms. Limited statutory exceptions permit acts such as decompilation for interoperability. Unauthorised copying, use or disclosure risks infringement...
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View the related Checklists about Source code

CHECKLISTS
Drafting API Policies and Licence Terms: UK Checklist for Licensors covering Access, Acceptable Use, API Data, Security, IP, Data Protection and AI

In this Checklist, the following defined terms are relevant: application programming interface (API) refers to an application programming interface API Data means any data or other content on the Platform reached by the Application or the API Licensee, and/or sent from the Platform to the Application via an API API Licensee means a provider of an Application that connects to the Platform/API API Licensor means the provider of a Platform/API Application means an application of an API Licensee that uses an API Platform means a platform of an API Licensor that is accessed through an API An API is a source code-level interface that enables applications (specifically, software components) to communicate with one another. It is the outward-facing element of an application that sets the rules for how that application will interact with other software. A developer does not need to grasp the entire codebase of an application to build something compatible with it. So long as the software...

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CHECKLISTS
Taking security over IP in the UK: lender checklist on mortgages and charges, ownership, validity, valuation, associated rights, and registration at Companies House and IP registries

Consider the nature of the IP right From a lender’s standpoint, use this checklist to pinpoint key points when taking IP as security and the steps to implement it... Identify the IP right and applicable law; patents, trade marks, registered designs and copyright can be mortgaged or charged... Select security: a legal mortgage (assignment plus redemption and exclusive licence‑back) offers stronger control than a fixed charge; for charges, restrict disposals and hold an executed undated assignment in escrow (verify foreign recognition)... Confirm ownership, term, existing security, licences and third‑party interests; demand warranties and title evidence, especially for unregistered rights... Assess validity and maintenance: search prior rights, check renewals and genuine use, monitor infringement, review litigation; obtain professional opinions where needed... Value the right and routes on default (licensing or sale); add complementary assets if required... Cover associated rights and materials: unregistered marks/goodwill (only with the business), unregistered designs, database right, know‑how/confidential information, domain names, and software/source code with escrow... Register...

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CHECKLISTS
Open source software: legal risk, licence compliance, audits and governance checklist for organisations

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...

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NEWS
Property law weekly: contractual control transparency, EPC reforms, lease priority, Code redevelopment, option perpetuities, service charge timing/audits, business rates, planning consolidation, occupation rights — 12 March 2026

In this issue: Key developments and horizon scanning Environment, energy and buildings Transferring property Property development Property management Property taxes Property in Wales Property in Scotland Additional property updates this week Daily and weekly news alerts New and updated content Trackers Key developments and horizon scanning Government response to contractual controls on land consultation The Ministry of Housing, Communities and Local Government (MHCLG) (previously the Department for Levelling Up, Housing and Communities) has issued its reply to the consultation on contractual controls over land. The consultation sought opinions on proposals to improve openness around land held under private arrangements—such as options, conditional contracts and rights of pre-emption—by establishing a freely available dataset. MHCLG’s reply draws together respondents’ views and sets out decisions and forthcoming actions, including new duties to provide HM Land Registry (HMLR) with details of contractual control arrangements. MHCLG has also released draft regulations—The Provision of Information (Contractual Control)...

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NEWS
EU AI Act GPAI Guidelines: scope, 10^23 FLOPs threshold, provider and modifier duties (including non‑EU), open‑source exemptions, code of practice, compute estimation and compliance timelines

On 18 July 2025, the Commission issued administrative guidance on the EU AI Act’s rules for GPAI models, designed to clarify scope, core concepts and how these interact with a related code of practice. The guidance sets out key legal terms to map the reach of the EU AI Act’s global partnership and artificial intelligence (GPAI) regime and pinpoint which businesses must comply. An initial draft was released in April 2025 to gather views from stakeholders. Following that consultation, the Commission’s AI Office outlined the principal revisions to EU Member States at a European AI Board meeting in late June 2025. The GPAI provisions will apply from 2 August 2025... Definition of GPAI models The guidance introduces a quantitative test to determine whether a model qualifies as a GPAI model—and is therefore within the AI Act’s remit—based on the computing power used for training. The benchmark, set in the early draft at 10²² floating-point operations per second, or FLOPs, has been increased to 10²³ FLOPs, aligning with the...

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NEWS
UK Private Client weekly: probate digitisation, constructive trusts, Court of Protection, IHT/BPR and SDLT updates, HMRC Manual changes, HMLR guidance revisions, Scottish charity disqualification consultation

In this issue Probate Trusts Court of Protection UK taxation for private clients HMRC manuals: updates Art and heritage property, landed estates and farming families Pensions, insurance and tax‑efficient investments Scotland, Wales and Northern Ireland International Question of the week Further Private Client updates this week Daily and weekly news alerts LexTalk® Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Useful information Probate Unique codes for probate applications can now be issued by email. HMRC’s Trusts and Estates Newsletter (August 2024) confirms that IHT400 filers may provide an email address and sign a disclaimer so HMRC can send the unique code required for the probate application electronically. See: LNB News 28/08/2024 16. Source: HMRC Trusts and Estates Newsletter (August 2024). Following a 3 September 2024 update from HM Courts & Tribunals Service Probate, the MyHMCTS service now allows applicants to...

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PRACTICE NOTES
Free and Open Source Software: UK Legal and Commercial Guide to Licensing, Copyleft, SaaS, Linking, Incorporation, Compliance, Due Diligence, SBOMs, Patents, Trade Marks and Enforcement

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...

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PRACTICE NOTES
EU electricity grids—connection, access and operation: regulatory framework, network codes, tariffs, HVDC, emergency/restoration and balancing/capacity mechanisms

Structure of the EU electricity system EU rules on electricity govern two core spheres: the physical set-up for generation, movement and consumption of power (often termed the electricity network or grid), and the organisation of electricity markets (i.e. the flow of money). Electricity moves through the EU grid in broad stages: Generation—the creation of electricity using, for instance, fossil fuels, solar, wind, nuclear or geothermal sources Transport—the conveyance of electricity across the network, typically divided into: Transmission—long-distance transfer on the extra high-voltage and high-voltage interconnected system, with delivery to final customers or to distributors in view Distribution—movement from transmission networks and distribution to consumers. Electricity from smaller renewable installations, such as solar and wind, is generally injected into the distribution networks Supply—the sale (including resale) of electricity to wholesale customers (who purchase for onward sale) and to final customers (who purchase for their own use) As a straightforward analogy,...

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PRACTICE NOTES
EU merger control: Broadcom/VMware (M.10806) cleared with interoperability commitments addressing FC HBA foreclosure; decision summary, remedies and timeline; appeal pending before the General Court

CASE HUB Note—appeal lodged before the General Court in Case T- 503/25 ARCHIVED — this case hub records the position as at the decision of 12 July 2023 and is no longer being maintained. See further, timeline. Case facts Outline European Commission merger review of Broadcom’s proposed acquisition of VMware (M.10806). The transaction entails horizontal overlaps in the supply of network interface cards, fibre channel host-bus adapters and storage adapters. Latest developments On 12 July 2023, the Commission cleared the deal subject to commitments. The Commission was concerned Broadcom would have the ability and incentive to foreclose Marvell, the sole rival in the market for FC HBAs, by limiting or degrading interoperability between VMware’s server virtualisation software and Marvell’s hardware. To address these issues, Broadcom offered: guaranteed access to the interoperability application programming interfaces, as well as the materials, tools and technical support required for developing and certifying third-party FC HBAs; a commitment to ensure interoperability with VMware’s server virtualisation software,...

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PRECEDENTS
Customer‑favourable bespoke software development and licensing agreement with IP assignment, source code delivery, acceptance testing, delay payments, warranties and indemnities (England and Wales)

This Agreement is entered into on [ insert date ] (the Commencement Date) by and between: Parties [ insert supplier name ], a company incorporated in England and Wales, whose registered number is [ insert company number ] and whose registered office is at [ insert registered office ] (Supplier); and [ insert customer name ], a company incorporated in England and Wales, whose registered number is [ insert company number ] and whose registered office is at [ insert registered office ] (Customer). Each of the Supplier and the Customer is a party, and together the Supplier and the Customer are the parties. Background The Supplier is [ an experienced software developer and ] [ insert the Supplier’s background details and the background to the relevant transaction ]. The Customer is [ insert the Customer’s background details ]. Subject to this Agreement, the Supplier shall develop software for the Customer and will licence (or arrange...

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PRECEDENTS
Escode Escrow as a Service Scale Agreement (Multi-Customer Deposit Account) for SaaS: Cloud software escrow to restore customer accounts and replicate environments

Software escrow Escrow is the arrangement by which two or more parties lodge property or instruments with a dependable third party (an ‘escrow agent’). The escrowed materials are passed to one party once a pre-agreed release condition or trigger occurs, such as that party meeting its obligations or another party failing to meet theirs. Software escrow is a widely used way to protect both software licensors and licensees. Licensors are often unwilling to part with source code and commercially sensitive details about the design of their software. Yet a licensee may feel exposed to the risk of being unable to maintain or support the software if, for example, the licensor becomes insolvent or defaults on its obligations. Depositing those materials with an independent third party in...

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PRECEDENTS
Precedent mobile app development agreement (customer‑favourable): IP assignment, source code delivery, App Store compliance, acceptance testing and delay liquidated damages (England and Wales)

This Agreement is entered into on [ insert date ] (the Commencement Date) between the following: Parties [ insert supplier name ], a company incorporated in England and Wales with registered number [ insert company number ] and whose registered office is at [ insert registered office ] (the Supplier); and [ insert customer name ], a company incorporated in England and Wales with registered number [ insert company number ] and whose registered office is at [ insert registered office ] (the Customer), each of the Supplier and the Customer being a party, and together the Supplier and the Customer being the parties. Background (A) The Supplier is [ an experienced developer of mobile applications and ] [ insert the Supplier’s background details and the background to the relevant transaction ]. (B) The Customer is [ insert the Customer’s background details ]. (C) The Supplier intends to develop the Mobile App (as defined below), and the Customer...

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