12/26/2004

Document Your Open Source License Position

"Legal teams doing their due diligence start with checklists. Typically, the acquiring party's legal team will start off by going down their checklists and following up with any responses that diligent reviews seem to indicate. In the area of intellectual property, that usually begins with checking to see if key employees have signed invention agreements, and if the company's patent applications hold water.

In 2005, expect to see all legal due diligence checklists add a section covering open source, checking for both inbound and outbound open-source licenses. So now, if you get in position for an acquisition (or a major investment), the process will go quicker if your open-source licenses are documented, along with employment agreements, patent filings and any other documents typically asked for by a due diligence team."

From Linux News.