How to Mitigate the Risks of Open-Source Software (Part Two of Two)

Companies may be unaware they are using open-source software in their operations. This can be significant because while OSS is inexpensive and reliable, it does carry with it significant cybersecurity and intellectual property risks that should be addressed. A recent Strafford program offered a comprehensive primer on OSS and insights on designing appropriate compliance controls for its use. The program featured James G. Gatto, a partner at Sheppard Mullin Richter & Hampton and Baker Botts attorneys Luke K. Pedersen and Andrew Wilson. Part two of our coverage discusses where attorneys encounter OSS challenges, how to identify whether a company is using OSS, best practices for OSS governance, and patent issues that OSS presents. Part one explained the key legal issues, common OSS license provisions, and cybersecurity and litigation risks. See also “Tech Meets Legal Spotlight: What to Do When IT and Legal Slow the Retention of a Third-Party Vendor” (Nov. 30, 2016).

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