From the Business Owner’s perspective, each of the various uses of software should map to the current and projected interests of the business.  To begin a non-exhaustive discussion of possibilities and details moving toward a sense of timing and business strategy, we can look at two sample categories:  Open Source Software (“OSS”) and Proprietary software.  We are interested in the rights to the code as expressions or technology.  While this may seem inherent, I mention it since branding value by Trademarks can be embraced by parties involved with both Open Source as well as Proprietary software.  More than a side note, this resonates a theme that different tools apply to different needs, including the Business Owner strategically selecting Open Source and Proprietary software for different roles.

In a general discussion, Open Source contrasts with a closed source nature of Proprietary software.  Open Source focuses on freedom.  A basic idea of Reciprocal Open Source licensing is you can use the code developed by others as long as you extend the courtesy onto others.  Open Source requires care in adherence to the terms of the license.  The GNU General Public License (“GPL”) is one class among a variety of examples.

In case you had a different impression, Open Source is a legal construct.  Open Source licensing depends on the Copyright laws and other Intellectual Property (“IP”) laws.  Proprietary software may also rely on Copyrights to protect the expression of the code, and proceed to Patents and Trade Secrets to protect the ideas implemented by the code.

Open Source may be viewed as beginning in the category of Copyrights.  Open Source uses licensing to delineate and perpetuate specific freedoms including treatment of Copyrights.  Various flavors of Open Source can and do extend beyond Copyrights into additional Proprietary areas.  The Open Source license flows with the code.  The legal relationship entered through the license is reflected in language like Free and Open Source Software (“FOSS”); Free, Libre and Open Source Software (“FLOSS”); and GNU, Licensed, Open Source Software (“GLOSS”).  The Open Source license spells out permissions of use, in contrast to restrictions of use traditionally found in Proprietary licensing.  Copyleft is a colorful term for the Reciprocal Open Source license that tends to attach more and more conditions.

The rights and obligations depend on the terms of the license.  In the case of Open Source, a particular license can prevent the Business Owner from Proprietary protection at a level dictated by the Open Source license.  In maintaining and advancing the business objectives, a review of Open Source software needs to extend to the available licensing forms.  The Business Owner should understand whether the particular license will serve the overall business.

The software can be attractive at a technical level, and potentially further desirable where packaged with an agreeable license.  In the spectrum of possible Open Source licenses, some effects ripple well outside the immediate technical solution provided by the Open Source software code.  Other licenses may allow skillful channeling of effects from the Open Source software to keep Proprietary protection as an option for other software.  The development or selection of code and adoption or compliance with applicable licenses, should mesh well with the targeted funds and upcoming business opportunities.  With this mindset, the Business Owner is well served to strategize the software code’s available rights and ramifications.

Text Copyright © 2008 Bob Brill

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