Ten things your lawyers need to know about open-source

Diane M. Peters, OSDL   Today’s Top Stories   or  Other Software Stories  

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September 9, 2005 (Computerworld) -- In ever-growing numbers, CIOs want to take advantage of the many benefits that free and open-source software have to offer their companies.
But there's a snag. Their lawyers can be grouchy when it comes to open-source. They claim opening the door to open-source software carries unacceptable legal risk. Many imply naively or wrongly that proprietary software doesn't carry its own risks. Some describe open-source software in pejorative terms and repeat the biased conclusions of well-financed FUD (fear, uncertainty and doubt) programs. They point to assertions made by high-profile CEOs that proprietary software companies will soon come knocking on their doors looking for money to compensate them for intellectual property that open-source allegedly infringes.
Some lawyers may even counsel their clients to steer clear altogether (as if that were a choice), never mind if that means losing out on the strategic opportunities open-source offers.
As a CIO you may ask, what's gotten into my lawyers? Isn't it their job to provide legal support and counsel for the business decisions I make? Why the differences in attitude between CIOs who are bullish on open-source and lawyers who advise caution? CIOs who find the answers to these questions will discover some simple ways to make better use of their lawyers and get the support they need for deploying or producing open-source.
Here are 10 things CIOs should tell their lawyers to help them become more productive and supportive members of their teams.
1. "Get educated on the business case for open-source." Unfortunately, lawyers counseling technology companies don't always understand the business reasons underlying the legal opinions and advice they are asked to provide. Take time to explain the business reasons and benefits behind your decision to embrace open-source.
2. "Understand the basics of how open-source is built through the distributed software development model." Knowing how code is developed and shared, how contributions to projects are tracked and how decisions are made to include code (or not) will help them understand the extensive peer review and code vetting that takes place -- which in turn places open-source on more solid legal ground than the proprietary software companies would have them believe. Find opportunities for your lawyers to talk with engineers involved in open-source so they can hear firsthand how the development process works and how it produces results that are better from both a technology perspective and a legal perspective than they might expect.
3. "Force your way into our business discussions about how to deploy or produce open-source. Educate us on the legal issues as those discussions progress and our decisions take shape." Getting your lawyers involved early means you can solve problems or

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