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CA does not warrant that the software product will operate as specifically set forth in this publication. All rights reserved. The term "Broadcom" refers to Broadcom Inc. North America English. DX Application Performance Management formerly CA Application Performance Management Improve app performance and deliver flawless user experiences with unmatched insight and intelligence.

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Open source software from commercial firms—tools, complements, and collective invention. Best practices in open source governance. White paper. Governance in open source software development projects: A comparative multi-level analysis. Open Source Software: New Horizons, A primer on open source licensing legal issues: copyright, copyleft and copyfuture.

5. Acknowledgments

Louis U. Patterns for the commercial use of open source: legal and licensing aspects. The University of Texas School of Law. Law and Economics Research Paper No.

Professional Guides: Managing Projects

Legal implications of open-source software. CreateSpace Independent Publishing Platform. The open source alternative: understanding risks and leveraging opportunities. Open source licensing: Virus or virtue. LJ, 10, Open source licenses: Open source—the death of proprietary systems?. The commercial open source business model. Value Creation in E-Business Management, The economic motivation of open source software: Stakeholder perspectives. Computer, 40 4. Using open source software in product development: A primer. IEEE software, 21 1 , Computer Law Review International, 16 1 , Software package data exchange SPDX specification.

Patent rights under FOSS licensing schemes. Shidler JL Com. Abstract Almost all software products today include open source components. License compliance A legally valid software product complies with the licenses of all the open source components included in the product [ 19 ]. The most common obligation is to provide the license file of each open source component that comes with the product.

Copyright notice provision. Another common obligation is to provide all copyright notices from all files of each open source component. Offer to provide source code Copyleft. The typical Copyleft obligation is to either provide the product source code outright or to make a written offer to provide it upon request. We therefore classify license obligations into three main types.

Unproblematic easy to comply with and unproblematic from an IP perspective. An example is the license file provision. Difficult-to-comply-with difficult to comply with, but unproblematic from an IP perspective. An example is the complete copyright notice provision. Undesirable from an IP perspective.

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For many, but not all, business models, an example is the obligation to provide source code outright or to offer to provide the source code. Examples of license obligations often considered undesirable are: Written offer to provide source code Copyleft. If this clause triggers, the vendor has to provide the source code outright or to provide the source code upon request under the Copyleft license [ 13 ] [ 3 ], thereby losing exclusive usage rights, among other downsides. Patent retaliation clause. This clause, if triggered, usually withdraws the right to use the open source component or the patent or both and thereby renders the product legally invalid, if the vendor enforces patent rights against someone else the specifics depend on the license.

Lack of patent grant.

Some older licenses do not include a patent grant [ 28 ] [ 17 ]. Thus, any use of the open source component in a product exposes the vendor to a potential patent enforcement action by a patent holder who contributed an implementation of the patent to the open source component. Figure 1. The architecture of an example product from the code component perspective Example properties of interest for a given code component include its license s , any known vulnerabilities, or its export restrictions [ 2 ], for example, due to cryptography algorithms. Figure 2. The code architecture of Figure 1 scoped by management domains 2.

Examples of relationship types are the statically imported library, the dynamically loaded library, and the web services call. These benefits are maturing the component faster, helping recruiting new and competent employees, and improving employee loyalty. Figure 3: The supply chain perspective of the code component architecture of an example product A direct relationship with a supplier allows a vendor to enforce their license strategy.

License clearance License clearance is short for license clearance process. A responsible person. Someone needs to be tasked with the license clearance process. This person or post also needs to be known for being responsible for this process, and managers and developers need to have been educated to go to this person with any license clearance questions they may have.

A decision strategy. For this, they need the license strategy and all necessary expertise. Escalation powers. Finally, the responsible person needs the power to enforce its decisions, typically by escalating a denied inclusion request that is getting ignored through the legal department to higher managerial levels in the company. We have identified the following common best practices in no particular order : Black lists and white lists.

With some licenses, the decision can be made quickly and independently of context.


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Planned integration in products. Sometimes, the context determines whether a particular component can be used. Depending on the embedding of the component in the product, unwanted obligations may not apply, in case of which the use of the component is unproblematic [ 9 ] [ 5 ]. To make this decision, a model of the product architecture, as described in the previous section, is needed. A software architect needs to maintain the model to demonstrate to the license clearance process owner that the desired use of a component is unproblematic.

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Review of license conflicts. Some licenses conflict with each other and hence the components of these licenses cannot be used in the same product [ 5 ]. View all copies of this ISBN edition:. Synopsis About this title The only guide to managing and integrating the open source model With the phenomenal success of Linux, companies are taking open source business solutions much more seriously than ever before.

Review : "an essential practical guide" Linux User, September From the Back Cover : Expert advice and practical guidance on developing and managing an open source project Managing an open source project requires a different approach to management and leadership.

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