Goodwin Procter is devoted to helping clients understand and manage their use of open source software in a proactive, commercially aware and strategic manner.

Today, almost all information technology companies and organizations make use of publicly available open source software programs, which are often accessible at no charge over the Internet. These programs come with a variety of licensing terms, each with its associated benefits and risks. Understanding how to operate within this new software development environment is an increasingly significant and complex strategic challenge. Some of the ways in which we assist clients include:

• Advising on use of open source software and helping to develop company-wide policies and compliance programs. We review clients’ use of open source software, and work with them to resolve open source licensing compliance issues, and to implement and use automated tools to manage the software use.
• Helping to implement business strategies in conjunction with open source software products. We structure licensing strategies to help implement business goals, leveraging our understanding of the dynamics of community development and participation that make open source projects successful.
• Helping to understand the benefits and risks of using open source software developed by both clients’ own software development teams and outside vendors. Our attorneys structure and negotiate a variety of agreements with software vendors that involve the use of open source software, including outsourcing and services agreements. We work with clients switching from proprietary to open source solutions.
• Working with investors in and acquirers of software companies to review open source software use by target companies, and advising on resolution of licensing issues. Our attorneys concentrate on strategic objectives and business issues as well as legal challenges.

Our open source practice complements our work for clients in other related areas, including technology company corporate formation and transactions, intellectual property litigation, intellectual property portfolio development, technology contracting, securities and compliance, and on-line content management and licensing.

Attorneys in our Open Source Software Practice are highly experienced professionals who are well recognized in the field. Members of our team have authored numerous articles on use of open source, including articles in Mass High Tech, LinuxWorld, New England In-House and IEEE Spectrum. They are also frequent speakers at national and international conferences and events concerning open source software, including the Open Source Business Conference, Massachusetts Software Council, the Open Source Development Labs Summit, CeBIT America, the O’Reilly Open Source Conference, JavaPro Live and EclipseCon.

Contacts: Robert Blasi and Steven J. Frank