Patent blog: 3 tips on open-source and intellectual property
In the world of software development, open-source offers possibilities for cooperation, transparency and sharing knowledge. One misconception I often hear is that intellectual property negatively impacts these advantages. Nothing could be further from the truth. In this blog, I will explain more and give you three tips to help you get started.
What makes open-source so special is the philosophy of cooperation. You can widely apply open-source, from nutrition to content creation, but the term is mostly known from software. Rather than keeping code to yourself, open-source software is shared. Anyone can view, modify, distribute and use the source code. This allows developers from all over the world to contribute to improving and expanding software projects.
Share on your conditions
Developers often mistakenly think that no intellectual property rights apply to open-source software. But open-source and intellectual property go hand in hand. Through Intellectual Property Rights on your code, you can impose conditions on its use. This allows you to let others cooperate with you on your terms.
It often involves copyright on the code as creative text. Conditions include attribution when using your code, or the requirement that your code, modified by others, needs to be freely available again.
3 tips on open-source software
Do you develop or use open-source software? Please take these three tips into account:
1. Document and mark the source code you have written
The source code of open-source software is, in principle, protected by copyright (unless otherwise stated). But if you want to prove copyright yourself, it is wise to document that you are the rightful owner of your source code. Evidence of copyright often consists of depots with date stamps. You can do this using version management via platforms such as GitHub.
You can also add a copyright declaration to the files or use digital watermarks. This way you can detect and take action against any misuse or unauthorised use.
2. Pay attention to the conditions attached to the software of others
Plan to start working with open-source software? Then research which licences are the most suitable for your needs and make sure that you comply with all conditions. A ‘permissive’ licence provides you more freedom, and a ‘copyleft’ licence requires you to publicly share the code you develop further. If you do not comply with these conditions your licence may be invalid. In that case, using this code means you are infringing on copyright.
And there is another risk. If you download open-source code as a programmer and another user has previously added an infringing code to it, you may be infringing on someone else’s rights without even knowing it.
3. Document your licences
If you are looking for funders, if you wish to sell your product, or if you are offering SaaS (software as a service, more specifically, software you are providing as an online service), you must keep careful track of the open-source software you have used. So ensure you have documentation with a register of the use of open-source software. Make sure you comply with the open-source licences. This type of documentation is vital in due diligence requests associated with funding or acquisition or when a potential client requires product documentation from his suppliers.
More information
Would you like to know more about digital innovation and intellectual property? Please visit our page Protect Your Digital Innovation (Dutch only) or get in touch with one of our patent advisors via:
- E: octrooicentrum@rvo.nl
- T: (+31) 088 042 40 02
