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Copyleft licenses: Risks of open source code in proprietary software development

December 10, 2022 1241 1 Application IT Services Public Policy Case studies

Copyleft licenses: Risks of open source code in proprietary software development

Open-source software (OSS) plays a vital role in software development today. The low threshold for accessibility of OSS and the vast functionalities that it encompasses, makes it an attractive option for developers. Reusing lines of code and linking libraries that belong to the OSS ecosystem prevents organizations from having to reinvent the wheel. Many organizations operate under the assumption that OSS licenses are liberal with little to no restrictions. While this is largely true, it overlooks a certain species of OSS licenses called copyleft. Copyleft licenses are far more demanding by nature as they require licensees using copyleft code to release the source code of any derivative work. This can prove to have a pernicious effect on proprietary software, because the heavily guarded source code is what makes the software proprietary. For instance, a purchase of Microsoft Office gives its users the right to use the software, but does not permit them to copy, distribute or modify it. Here, retaining the source code allows Microsoft Office to commercially exploit the work, whereas if the source code were to be distributed to users, Microsoft would run the risk of enabling competitors to replicate the software or modify the original source code and release a superior version of Microsoft Office. This article traces the evolution and functioning of copyleft with a focus on the risks it poses to proprietary software creators. The article can broadly be divided into four parts: Part I gives a background to the conceptual understanding of open-source software and copyleft, while drawing distinctions between permissive licenses and copyleft licenses. Part II contains a detailed discussion on the enforcement of copyleft licenses with reference to its legal application across the world. Part III examines the dangers of copyleft on proprietary software. Part IV is a discussion of the potential solutions to mitigate the risk of copyleft.

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