In the rush to develop their software many Entrepreneurs
often choose to incorporate open source software into their mobile applications,
websites, other proprietary software, the underlying algorithms, etc. Yet, these modules of open source software
can carry a very real threat in the form of the so-called “copyleft,” or open
source, agreements associated with them.
Copyleft agreements come in a large variety, some of which
are rather harmless. For instance, some
of these agreements merely allow a party to re-use the associated software with
few restrictions. But some copyleft
agreements dictate that the (re) user of the associated software allow others
to use the programs into which they incorporate the open source software
without restrictions and/or for free.
Typically, these agreements also stipulate that by merely
re-using the open source software, the re-user agrees to the terms of its copyleft
agreement. This means that by re-using
such software, effectively, the re-user has granted a royalty free license for
others to use their otherwise proprietary software. This situation can effectively hamstring any
patent rights the re-user/entrepreneur has in that software.
Clearly, before using open source software, Entrepreneurs
should have the associated copyleft agreement(s) reviewed by an Attorney. In the alternative, Entrepreneurs should
weigh carefully the associated risks or develop their software independently.
We at the Villhard Patent Group would enjoy discussing your
potentially patentable ideas with us.
For more information about us, please see www.villhardpatents.com or call us at
512-897-0399. We look forward to hearing
from you.
