open-source software

USA

Computer software that is distributed in source code form, subject to a copyright license agreement that conforms to a standard definition set by the Open Source Initiative (OSI) industry group. Under an open-source software license (such as the GNU General Public License (GPL)), licensees are permitted to copy and modify the software (source code), and may redistribute the modified versions only subject to an equivalent open-source license. According to the OSI definition, the terms of the license cannot:

• Vary according to the type of end-user technology involved.

• Require the open-source software to be distributed with other software.

• Restrict the open-source software from being distributed with other software.

• Discriminate against persons, groups or fields of endeavor.

Open-source software is usually, but not necessarily, licensed on a no-fee (free) basis. Conversely, the term "free software" is often used to mean open-source software, but might also refer to a separate category of software that is licensed under different license terms (and is not necessarily distributed in source code form). The generic term "free and open-source software" (FOSS) refers to both categories.

For more information, see Practice Note, Open-source Software (www.practicallaw.com/0-500-4366).