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Jim Markwith


Jim Markwith | Markwith Law Jim Markwith is an experienced technology, corporate, and IP transaction lawyer, with over 20 years of experience. His clients range from start-ups to fortune 500 technology leaders. For more information on Jim, please visit For questions about this post, or for more information on OSS compliance or IP licensing, please contact Jim at

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OSS warranties and indemnities in technology transactions

Complex open source software (OSS) issues can arise in the context of any software licensing transaction, including licensing-in software components for computer software or IT product development, acquiring code as part of a merger or acquisition, or obtaining software from a contractor under a work-for-hire arrangement. The presence of OSS in each case should be presumed, and all such transactions should include properly drafted warranties and indemnities related to the code being acquired. This article will address OSS warranties and indemnity provisions generally, and how to think about them in the context of the overall intellectual property (IP) and OSS environment, as such terms relate to OSS in the development of products or services.

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Posted in Mergers & Acquisitions, Open Source Security