Commercialization of Open Source

Abstract

Open source software is free to copy, to modify, and to distribute, and its source code is not a trade secret. Yet commercial ventures based upon open source are successful despite these limitations on intellectual property rights. One can make money by selling free software, but the sales techniques and the sales contracts are different than for proprietary software. Warranties and indemnification issues, open source license interpretation, and trademark and patent concerns have unique consequences for commercial open source. Lawyers working in this field should expect unique challenges

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Santa Clara University School of Law

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oai:digitalcommons.law.scu.edu:chtlj_symposia-1013Last time updated on 2/12/2018

This paper was published in Santa Clara University School of Law.

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