IT Governance, Risk, and Compliance » Open Source Software

Open Source Hardware and Software Licensing – Part VIII

Robert Davis — Tue, 14 Dec 2010 21:49:59 +0000

Open source products have emerged as the dominant thyme for some IT development projects due to cost considerations. This rise in alternative IT development can be linked to tensions between creative practices that often involve base acquisitions requiring access to patented and/or copyrighted material and increasingly restrictive intellectual property laws governing access to patented and/or copyrighted material. Nonetheless, open source hardware and software licenses generally are legally enforceable contracts. Thus, utilizing open source hardware and/or software licensing to construct products considered necessary to improve business processes mandates due diligence to ensure legal noncompliance risks are accurately assessed and effectively redressed prior to adoption and deployment.

“View Part I of the Open Source Hardware and Software Licensing series here“

Open Source Hardware and Software Licensing – Part VII

Robert Davis — Fri, 10 Dec 2010 22:23:02 +0000

In many situations, open source licensing is an essential element enabling open source programs to qualify as open source software. However, there are numerous variations in the terms and conditions associated with an open software licensing agreement. To reduce misunderstandings that can lead to legal adjudication, current OSI license agreements are classified as: Academic, Reciprocal, Content, and Standards. Within this context, the key difference between the various types of open source licenses are what mechanism, if any, will be utilized to enforce open source software contractual terms and conditions. For instance, an OSI license can permit affirmative agreement to contractual terms and conditions by ‘clicking’ a designated web page text-box prior to accessing the open source software; therefore, providing prima facie evidence regarding acceptable software development practices of the licensee.

“View Part I of the Open Source Hardware and Software Licensing series here“

Open Source Hardware and Software Licensing – Part VI

Robert Davis — Tue, 07 Dec 2010 19:05:41 +0000

Primary open source software development conventions are ‘peer production’ by bartering and collaboration based on mutual interest in root materials (such as source-code and documentation) and desired outcome. Nevertheless, utilizing a generally accepted open source software development process presents business, technology, and legal risks to a system development life cycle achieving the entity’s objectives. In particular, there are elevated risks to: cost management, release management, copyright infringement, and project assurance associated with undertaking an open source software development project. Thus, management needs to understand and appropriately mitigate perceived risks considering the operating environment’s requirements.

“View Part I of the Open Source Hardware and Software Licensing series here“

Open Source Hardware and Software Licensing – Part V

Robert Davis — Fri, 03 Dec 2010 12:52:23 +0000

Simplistically, open source software “refers to any program whose source code is made available for use or modification as users or other developers see fit. Open source software is usually developed as a public collaboration and made freely available.” Depending on the product, as with open source hardware, open source software can be licensed.

Open source software developers utilize intellectual property licensing — through various types of open source licensing agreements — in order to sustain open source project integrity. In fact, for an IT program to be classified as open source software, the object must commonly address specific criteria established through the Open Source Initiative (OSI). Interpretively, to meet the OSI Open Source Definition requires permitting: the right to make source code copies, the right to freely distribute source code copies, unrestricted access to source code, and the freedom to modify the source code.

“View Part I of the Open Source Hardware and Software Licensing series here“

Open Source Hardware and Software Licensing – Part IV

Robert Davis — Tue, 30 Nov 2010 19:42:48 +0000

IT hardware design documents, in addition to the software associated with enabling IT hardware functionality, can be released utilizing an open source software agreement. However, most hardware licenses are fundamentally different due to heavy reliance on patent law rather than copyright law. Consequently, a patent-based license may control the utilization and manufacture of a physical IT device built from design documents; whereas a copyright-based license may control the distribution of source code as well as design documents. If the Tucson Amateur Packet Radio (TAPR) Open Hardware License is selected as the basis for an agreement, particulars regarding the distinction between hardware and software licensing characteristics are addressed in the preamble to ensure an understanding of contractual intent.

“View Part I of the Open Source Hardware and Software Licensing series here“

Open Source Hardware and Software Licensing – Part III

Robert Davis — Sat, 27 Nov 2010 03:30:14 +0000

“Collectively, the term IT hardware describes all equipment necessary to enable IT services utilization. Yet, each hardware configuration item may have distinct operational characteristics and controls.” Therefore, as with any critical IT development, representatives from information security and IT audit should be considered key project participants. Information security’s primary role in an open source hardware development project is to ensure appropriate safeguarding mechanisms are deployed. Whereas, IT audit’s primary role in an open source hardware development project is to assure adequate preventive, detective, and/or corrective controls are implemented.

“View Part I of the Open Source Hardware and Software Licensing series here“

Open Source Hardware and Software Licensing – Part II

Robert Davis — Tue, 23 Nov 2010 19:03:52 +0000

Open source IT hardware are physical configuration items designed and usually offered under the same terms as other open source products. Utilizing this premise, an open source IT hardware development project can apply similar open source value concepts during construction and deployment of IT infrastructure components. In particular, depending on the approach applied to open source IT hardware development, a hardware engineer can create a digital device customized to the exact needs of the user — even if the demand for the device is limited. Beneficially, information regarding the IT hardware of interest is typically easy to discern. In addition, when an IT hardware design is published as open source, project participants can: learn from the root documents, improve on the presented engineering concepts or second-source device development.

“View Part I of the Open Source Hardware and Software Licensing series here“

Open Source Hardware and Software Licensing – Part I

Robert Davis — Thu, 18 Nov 2010 17:27:47 +0000

In an attempt to control and/or reduce IT costs many entities have turned to open source development as a preferred alternative method for constructing new products. Open source products can be described as the practices in the development process promoting access to root materials of a forecasted result. Typically, the open source development process removes restrictions on root material distribution and utilization to produce the desired outcome. Most open source licenses allow the source material to be redistributed, without restriction, under the same terms of the original agreement when development work is sub-contracted to a third party. In contrast, proprietary products are licensed under the exclusive legal right of its owner and generally remiss of transferability.