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Managing Open Source Agreements and Licenses

May 2011
ITIT

Abstract

Open Source Software (OSS) is generally software wherein the source code is available, downloadable without cost, can be modified, and the modifications are distributable. Thus, OSS provides an alternative and viable, but different business model that can complement or replace the proprietary software model. The OSS software paradigm, like that of proprietary software, comes with a specific bundle of costs; however, these bundles of costs are very different. This article seeks to examine the OSS costs to enable a business to make an educated decision about using open source software. Generally, OSS is not free in the classical sense; rather, OSS licenses present a myriad of restrictions and implicit costs. For example, in addition to OSS license compliance costs, other costs of OSS may include maintenance, education, risk-management programs, and real and opportunity costs, all of which are discussed below. Consequently, the benefits of open source such as speeding software development and deployment should be weighed against the costs of its use.

Authors

Portrait image of Kevin Perkins
Kevin Perkins
Director, Senior Counsel - Intellectual Property, EMC Corporation, USA

R. Kevin Perkins is an Intellectual Property (IP) Attorney at EMC Corporation in Hopkinton, Massachusetts, where he has been since the year 2000. At EMC he specializes in patents, with a special emphasize on computer software. He is also immersed in matters related to open source licensing, industry standards, trademarks, copyright, and some IP litigation. Before EMC, Kevin worked as an Attorney for IBM and Thermo Fisher Scientific focusing primarily on patents and some general IP issues. He has also worked in private practice in San Diego, CA at patent boutique law firms. He has a degree in Mechanical Engineering from Auburn University, and has worked in the computer industry as an engineer and computer programmer for IBM in RTP, NC and the Washington DC area. Kevin also has a JD from George Washington University and an MBA (High-Tech concentration) from Northeastern University.

Companies

EMC Corporation

EMC provides the technologies and tools that can help you release the power of your information. We can help you design, build, and manage flexible, scalable, and secure information infrastructures. And with these infrastructures, you'll be able to intelligently and efficiently store, protect, and manage your information so that it can be made accessible, searchable, shareable, and, ultimately, actionable. You can also use EMC information infrastructure as the foundation for implementing your information lifecycle management strategies, securing your critical information assets, leveraging your content for competitive advantage, automating your data center operations, reducing power and cooling costs, and more. In short, with an information infrastructure, you can avoid the potentially serious risks and reduce the significant costs associated with managing information, while fully exploiting its value for business advantage.

EMC Corporation

EMC provides the technologies and tools that can help you release the power of your information. We can help you design, build, and manage flexible, scalable, and secure information infrastructures. And with these infrastructures, you'll be able to intelligently and efficiently store, protect, and manage your information so that it can be made accessible, searchable, shareable, and, ultimately, actionable. You can also use EMC information infrastructure as the foundation for implementing your information lifecycle management strategies, securing your critical information assets, leveraging your content for competitive advantage, automating your data center operations, reducing power and cooling costs, and more. In short, with an information infrastructure, you can avoid the potentially serious risks and reduce the significant costs associated with managing information, while fully exploiting its value for business advantage.

EMC Corporation

EMC provides the technologies and tools that can help you release the power of your information. We can help you design, build, and manage flexible, scalable, and secure information infrastructures. And with these infrastructures, you'll be able to intelligently and efficiently store, protect, and manage your information so that it can be made accessible, searchable, shareable, and, ultimately, actionable. You can also use EMC information infrastructure as the foundation for implementing your information lifecycle management strategies, securing your critical information assets, leveraging your content for competitive advantage, automating your data center operations, reducing power and cooling costs, and more. In short, with an information infrastructure, you can avoid the potentially serious risks and reduce the significant costs associated with managing information, while fully exploiting its value for business advantage.

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