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Open Source Licensing

Can I sell software containing OSS?

Yes, usually, but you must comply with license terms (e.g., providing source code under GPL).

What is Copyleft?

Copyleft is a licensing principle (like GPL) requiring that any derivative work be distributed under the same license terms.

Is MIT license safe for business?

Yes, MIT is a "permissive" license allowing you to use code in proprietary commercial products with minimal restrictions.

What if I violate an OSS license?

You may face copyright infringement lawsuits, injunctions stopping distribution, or be forced to release your source code.

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Open Source Licensing is an integral part of modern software development. Almost every commercial product contains Open Source Software (OSS) components. However, "Open" does not mean "free of charge" or "without restrictions." OSS licenses (e.g., GPL, MIT, Apache) impose strict obligations, violation of which can lead to devastating legal consequences, including the forced disclosure of your proprietary source code. For Georgian companies creating software products for the international market, OSS Compliance is critical during fundraising and M&A deals.

Legal.ge offers highly qualified legal consultation on open source usage. Our experts will help you navigate license compatibility, develop internal policies, and avoid damages caused by "viral" licenses.

What does the Open Source Licensing Service cover?

The service ensures code security and legality:

  • License Audit: Identifying all OSS components used in the project and analyzing their licenses.
  • Compatibility Check: Determining the compatibility of different licenses (e.g., GPL and Apache) within one project.
  • Copyleft Risk Management: Identifying "viral" licenses (e.g., GPL v3) that obligate you to open source your own code.
  • Compliance Policy: Developing internal rules for developers regarding which libraries are permissible to use.
  • Third-Party Notices: Preparing mandatory "Attribution" files for the product.
  • Patent Risks: Preventing patent disputes related to open source.

Common Real-World Scenarios

Risks of improper OSS usage:

  • Failed Investment: An investor found GPL code in the company's proprietary product, meaning the entire product might have to be open-sourced. This devalues the company.
  • Litigation: An author sued the company for violating license terms (e.g., removing copyright notices).
  • License Conflict: The project uses two incompatible libraries, making legal distribution of the product impossible.

Legal Framework: International Standards

Georgia's Law on Copyright and Related Rights recognizes open licenses as copyright agreements. However, OSS regulation is largely based on international practice and the specific text of the licenses (e.g., Creative Commons, GNU GPL), which are binding.

Step-by-Step Service Process

  1. Scanning: Scanning the codebase with automated tools.
  2. Analysis: Legal assessment of identified licenses.
  3. Recommendation: Strategy for replacing or isolating problematic components.
  4. Documentation: Preparing compliance documentation.

Why choose a specialist on Legal.ge?

Open Source law is a niche and specific field. A general lawyer cannot distinguish the nuances between MIT and AGPL licenses. Legal.ge experts possess specialized knowledge and will help you safely leverage the benefits of open source.

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