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.
Posted in Mergers & Acquisitions, Open Source Security
