Geoff Webster

FAST Corporate Services/The Federation

CEO, FAST Corporate Services

Whilst there is no commonly accepted definition of open source software, it is essential to recognise that "open" software is not "freeware". i.e. It is licensed on terms that allow the source code to be accessed, modified and re-distributed by licensees, and licensors may charge licence fees for open source software.

A large amount of new open source software is now actually packaged with valuable proprietary additions which are subject to standard licensing terms and restrictions. Contrary to popular belief, open source subject to copyright, and it is still sold on the basis of quantity not as a ‘free-for-all’, so copying remains a problem.

This has both advantages and disadvantages - but it is a wholly reasonable concern that it will be very difficult to detect licence breaches and ensure compliance of open source licence terms. It is relatively early days in the open source landscape, and only time will tell who will actually bring claims for infringements, what remedies will be sought and to what extent these will be successful.

The licensing model that delivers clear value for money is the model used by IT departments that have implemented policies and procedures, have an asset management strategy and are continually managing and updating their licences. A company can actually save a considerable amount of money by proper software asset management and taking note of what is detailed within each licence agreement, but bad management of this area can lead to a misperception that the licensing models are at fault.

However, what does seem clear is that the popularity of open source technology is unlikely to wane in the near future. We would advise users and suppliers of open source software to monitor carefully how it may impact on their standard terms of business and internal procurement and supply policies. Being well-versed in advance on this issue will pay dividends in the future.

Geoff Webster, CEO at FAST Corporate Services/The Federation