Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts
Key definition
Open source software definition

What does Open source software mean? In legal practice, open source software describes software made available in source-code form under licences that permit use, copying, modification, compilation and redistribution, typically without licence fees. It is not defined in UK or Irish statute or case law; the term is descriptive and aligns with the Open Source Initiative’s Open Source Definition. The governing rules are set by the licence. Permissive licences (e.g., MIT, BSD, Apache 2.0) allow broad reuse subject to retention of notices and attribution, often with an express patent licence and a warranty/liability disclaimer. Copyleft licences (e.g., GPL, LGPL, AGPL) require that modified or combined works...

Read More Right Arrow

Open Source Software in UK Businesses: Licensing (Copyleft versus Permissive), Compliance, Risk, Security, Enforcement and Contribution Policies - A Lawyer's Guide

Published by a LexisNexis TMT expert
Practice notes
imgtext

This Practice Note serves as a practical ‘how to’ for incorporating open source software within your organisation, outlining the potential implications that may arise from its use. It summarises what open source software is, how it can be deployed, and the conditions attached to its use. It also addresses further legal factors businesses ought to weigh when opting to use open source software. The guidance is written from the standpoint of a business intending to adopt existing open source solutions. For further information on open source software, see the following Practice Notes:

  • Free and open source software
  • Free and open source software—strategy and policy
  • Free and open source software—audits
  • Free and open source software—public sector
  • GNU General Public License (GPL) 2.0—commentary

What is open source software?

In broad terms, open source software refers to software:

  • that is supplied under a licence permitting the user to use, adapt and/or share the software (in original or altered form) without fee or royalty; and
  • for which the source code is accessible (i.e. the human-readable text file)

In the UK, software is...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 21/05/2026

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow