What Companies Get Wrong About Open-Source Software Licensing: Legal Risk and Contract Fixes | JD Supra

▤ Summary

The article explains common legal misconceptions about open-source software (OSS) licensing and gives practical contract fixes to manage risk. It advises requiring OSS disclosure, up-to-date inventories or SBOMs, and representations that OSS use complies with license terms. It warns about copyleft and reciprocal licenses, recommends written consent and indemnities for risky OSS, and urges aligning IP reps and indemnities so OSS does not create a loophole. It also pushes for formal OSS compliance programs, automated scanning, audit rights, and attention to emerging AI and source-available licensing restrictions.

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