Open Source Software (OSS) is software that is freely available in source-code form for anyone to use, copy, modify, and distribute. Generally speaking, however, OSS is not “public domain” software. Like any other software, OSS is copyrighted intellectual property. Authors have the right to control or condition the use of their original OSS code, and typically do so through license agreements. Unlike traditional software licenses that seek to limit or prohibit further dissemination of the licensed software and certainly the underlying source code, OSS license agreements generally seek to encourage dissemination and to ensure that the source code remains open and accessible to all. Like any other software acquired from an outside source, the applicable license agreement is the starting point for understanding and managing the obligations imposed upon and the risks undertaken by an organization with respect to OSS.
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