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Key legal win for open source

Maureen Garde and Jeffrey Neuburger | Aug. 18, 2008
The ruling in Jacobsen v. Katzer concerns an open source software program made available in source code form for download and use by the public, free of charge.

Although this is a momentous decision for the open source community, the take-away from the opinion is somewhat old hat for users of open source code. Best practices for business use of open source software include implementation of mechanisms to control the download and use of open source code, documentation of the licenses that accompany open source code, and periodic audits to assure compliance with their requirements.

Jeffrey Neuburger is a partner in the New York office and co-chair of the Technology, Media and Communications Practice Group at Proskauer Rose LLP. Maureen Garde, is a lawyer with the Technology, Media and Communications practice group at Proskauer Rose LLP.


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