Open source software has become an integral part of modern software development. It allows developers to collaborate, innovate, and build on the work of others, accelerating the pace of technological progress. However, with the freedom that open source provides comes a set of responsibilities, primarily related to open source licenses compliance. In this article, we will explore the importance of this issue, its key components, and how developers and organizations can navigate this complex terrain. 

The Importance of Compliance 

Open source licenses are legal agreements that govern how software can be used, modified, and distributed. They ensure that the freedoms granted by open source are preserved and that contributors are recognized for their work. When we talk about compliance, we are referring to the act of adhering to the terms and conditions set forth in these licenses. It is the act of ensuring that developers and organizations follow the rules and obligations outlined in these licenses when using, modifying, distributing, or contributing to open source software. Therefore, compliance with these licenses is essential for several reasons: 

Legal Obligation 

First and foremost, open source licenses are legally binding contracts. Failure to comply with the terms of a license can result in legal consequences, including lawsuits, injunctions, and the loss of certain rights to use the software. 

Respect Open Source Principles 

Open source software thrives on the principles of transparency, collaboration, and sharing. Compliance with licenses helps maintain these principles by ensuring that changes and improvements are returned to the community for the benefit of all users. 

Trust and Reputation 

Maintaining a positive reputation in the open source community is critical for developers and organizations. Non-compliance can damage trust and discourage potential contributors or users from engaging with your project. 

Avoid Costly Mistakes 

Non-compliance can be costly in terms of legal fees, potential fines, and damage to the project’s reputation. By understanding and complying with open source licenses, developers and organizations can avoid these costly pitfalls. 

Key Components of Licenses Compliance 

Open source licenses compliance involves several key components that developers and organizations should be aware of: 

1. License Identification 

The first step in compliance is to accurately identify the licenses associated with the software you are using. This often requires reviewing the project’s documentation and source code to locate license notices and text. 

2. License Compatibility 

Make sure that the licenses of different open source components in your project are compatible. Some licenses are incompatible with each other, which can lead to conflicts that make it impossible to distribute the software due to their nature, namely, it is impossible to comply with both at the same time. 

3. Attribution and Notice 

Many open source licenses require you to give attribution to the original authors and to include license notices in your project. This may include including copyright notices, license text, and documentation of changes made to the software. 

4. Availability of Source Code 

When we talk about open source, one of its mandatory conditions, according to the Open Source Initiative, is that the source code must be provided with the program, or at least made easily available by the simplest and most appropriate means. Therefore, an open source license must reflect this requirement. Understanding these requirements is critical to compliance. 

5. Record Keeping 

It is important to keep records of the open source components used in your project and their associated licenses, e.g. a listing of the software composition. One way to do this is through the Software Bill of Materials (SBOM). The SBOM is a comprehensive inventory of all software components and their dependencies within a particular application or system. It provides a detailed list of the software’s building blocks, helping manage and track software assets, vulnerabilities, and compliance.  

Best Practices for Compliance 

Achieving compliance with open source licenses can be complex, but there are several best practices that developers and organizations can follow: 

 1. Conduct Regular Audits 

Review the licenses of the open source components in your project on a regular basis. This will ensure that you are aware of any changes and that your project remains compliant. 

2. Use Licenses Compliance Tools 

Leverage licenses compliance tools and software to automate the process of identifying licenses, tracking dependencies, and generating compliance reports. 

3. Seek Legal Advice 

When in doubt, consult legal counsel with expertise in open source licensing. They can provide guidance on complex licensing issues and help ensure compliance. 

4. Educate Your Team 

Make sure your development team is well informed about open source licenses and compliance requirements. Training and awareness can prevent inadvertent violations. 

5. Establish a Compliance Policy 

Create a clear and comprehensive open source compliance policy for your organization. This policy should outline how compliance will be achieved, documented and enforced. This policy should have a basis in standards such as ISO/IEC 5230, which standardizes the use and management of open source within the company. 

Consequences of Non-Compliance 

Failure to comply with open source licenses can have serious consequences. Legal action, reputational damage, and loss of community trust are just a few of the potential outcomes. Some specific consequences include 

1. License Revocation 

The original authors, copyright holders, or even the end users of open source software can revoke your right to use their code if you violate the license terms. To illustrate the latter, the Software Freedom Conservancy (SFC), a nonprofit entity, is suing in the California’s courts  Vizio for breach of contract and declaratory relief, alleging that Vizio, a TV manufacturer, has not provided complete source code for open source-licensed programs used in its smart TVs. SFC aims to compel Vizio to distribute the missing source code. This case is significant as it explores whether open source licenses like GPL function as both copyright licenses and contractual agreements, potentially granting users rights to source code distribution. 

2. Legal Action 

 The copyright holders can take legal action against individuals or organizations – regardless of their size – that do not comply with the terms of the license(s). This can result in lawsuits, fines, and injunctions. As an example, we can cite the recent legal case argued in the Italian courts, in which Ovation s.r.l. filed a lawsuit against Nerds Farm s.r.l. and others for alleged copyright infringement of their software called Dynamic Content for Elementor (DCE). Ovation claims that Nerds Farm developed a similar program, E-addons for Elementor, based on DCE, but violated the terms of the GNU license by not giving proper credit and attribution to the original copyright holder. The court orders Nerds Farm to cease using E-addons for Elementor and imposes penalties for non-compliance. 

3. Loss of Reputation 

Non-compliance can result for the organization in a loss of reputation from the OSS community, which could lead to find difficult to get collaboration from the open source ecosystem. 

Conclusion 

Open source licenses compliance is a critical aspect of using and contributing to open source software. Developers and organizations must take the necessary steps to understand the licenses associated with their projects, ensure compliance with their terms, and maintain a positive reputation within the open source community. By doing so, they can reap the benefits of open source collaboration while avoiding the potential pitfalls of non-compliance. Open source compliance is not just a legal obligation; it’s a commitment to the principles that underpin the open source movement – transparency, collaboration, and the free exchange of knowledge and code.