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What is "open source" software, and what do I need to know about using it?
March 22, 2007

LINUX. Firefox. Apache HTTP server. You may have heard of these software products, but what separates them from more common programs such as Microsoft Word or Adobe Photoshop?

In a nutshell, these products are "open source" software. Open source software is software that is distributed in the form of program source code, so that the software can be modified by any programmer with the skill to do so. Most open source software is written by teams of programmers working collaboratively, without compensation, and is available free of charge to any user, including a business. The idea behind open source software is that the program source code should be made available so that anyone who wishes to do so can improve the program or modify it to fit their own purposes.

Most commercial software, such as the Microsoft Windows operating system, is proprietary, "closed source" software that is distributed only in the form of an executable file that enables the end user to actually use the program, but not to see how the program works or modify it.

What kind of software is available as "open source"?

Virtually every kind of software is available in open source form, from entire computer operating systems such as LINUX, to entire office suites such as the Open Office set of office productivity applications. The Mozilla Firefox browser, which has captured nearly 15 percent of the browser market as of February 2007 from Microsoft’s Internet Explorer, is an open source program.

Information about available open source software is widely available on the Internet. SourceForge is a very technical site for learning about available open source programs, but a simple list available in the Wikipedia online encyclopedia.
 
Do I have to be a programmer or computer geek to use open source software?

No. Although open source software is distributed in the form of program source code that requires significant computers skills to install, it is usually distributed at the same time in a form that can be downloaded and installed in the same way that an ordinary commercial, proprietary program would be installed.

However, open source software doesn’t come with the same kind of free tech support that often accompanies a purchase of commercial software, so troubleshooting problems may require online computer searches, or even hiring a technician. Some companies that distribute open source software do provide support, however. The business model of these companies is to distribute the program and the source code for free or for a nominal charge for the distribution media and make their money selling program support services.

What's the catch?

Of course, there is catch. While open source software is usually distributed free of charge, it is usually accompanied by a license that contains various limitations. There are many open source licenses with a variety of limitations, but the most widely used license is the GNU General Public License (often simply referred to as the "GPL"). Perhaps the most important catch in the GPL is this: any modifications to a program distributed under a GPL license must also be distributed as open source. That is, the program source code (including newly created modifications) must be included when the modified program is distributed.

For businesses that are only interested in using open source programs in their original form without modification, this particular GPL "catch" isn’t a very significant limitation. But any business interested in modifying software accompanied by a GPL license must be very aware of this limitation if they are interested in further distribution of the modified software. While the GPL may be the most widely-used open source license, it is not the only one. The limitation discussed above is just the most significant limitation in one particular open source license. Needless to say, the license on an open source program should be read and understood before using the program, so that you are aware of limitations such as this.

Another catch? Open source software usually doesn’t come with any warranties. So if it doesn’t work properly, or causes problems with your computer system, there is no one to whom you can turn to obtain damages. Never mind a refund, since you haven’t paid for the software in the first place.

Our next post covers steps that you should consider taking if you decide to use open source software, or if you are already using it.



The posts on this blog reflect the personal views of Jeffrey D. Neuburger, in his individual capacity, and do not necessarily represent the views of his law firm or his clients, and are not sponsored or endorsed by them. The information contained in this blog is provided only as general information for educational purposes, and no warranty or representation is made about the accuracy of the information provided. Blog topics may or may not be updated subsequent to their initial posting. This information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice. This blog should not be used as a substitute for competent legal advice from a licensed attorney in your state.


Posted by Jeff Neuburger on March 22, 2007 | Comments (0)



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