Dangers in the Open Source ocean

[Martin Kendall]

Some thoughts on the concept of Open Source. To some, the use of the Linux operating system alone is the definition of open source usage. This is quite correct and it need not raise any concernes on any liability under the terms of usage. However, to an increasing number of organisations, open source provides the foundation on which to create new software. It is at his level of open source usage that it can be difficult to ascertain liability.

It may be useful just to investigate the tip of the iceberg of possible implications in terms of the following few aspects:

1. Open source licence integrity
2. Reciprocal licence obligation
3. Derived work liability
4. Intellectual property safeguard
5. Own code licencing risk
6. 3rd Party licence implication
7. Accidental Tivoisation !

[Martin Kendall]

The government has just announced their embrace of the Open Source approach to IT.
This is interesting in the light of the empirical evidence showing their level of performance in the use of the proprietary approach. Government projects, complexity, politics and governance have so far displayed a difficult marriage. As much as there is an upside to the Open Source approach one cannot resist a downward glance when the Minister for Digital Engagement, Tom Watson MP discloses the magic plan as "...main test should be what is best value for the taxpayer"
(see http://www.cio.gov.uk/transformational_government/open_source/index...).

I wish the issue was simply a function of cost and hope that the "litmus" doesn't turn too Red a shade :-)