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- Terminology
- History
- Intellectual property
- Using open source software
- Perspectives on OSS Use
- Best Practices for OSS Use
- Publishing code
- Actions
- Preferred Open Source Software
- Examples
Source code is the human readable version of software. The code is written by developers and can be read and modified by others. The code can be compiled into an executable or binary, that is not readable.
Free software and open source software is software where the source code is distributed and can be used, copied, studied and redistributed without restrictions.
Free software is the original name put forward by Richard Stallman and defended by the Free Software Foundation (FSF). Free software is defined by four essential freedoms. The freedom to run the program, study how it works, modify it and redistribute it. Access to the source code is a precondition for these freedoms and not the end goal itself.
Open Source Software is the name used by the Open Source Initiative. They're the authority on certifying whether a software licence is an open source licence. Open source software is defined in the Open Source Definition by 10 criteria.
Free in English can mean something is available at no cost, or that it gives you certain freedoms. Much is available online comparing free speech, free beer & even free kittens as metaphors for free software.
Free software and open source software are almost equivalent but represent two different visions and neither want to be included in the other. You will find authors using "free open source software (OSS)" or "free/Libre open source software (FLOSS)". For the purposes of this whitepaper we opted to use "open source software (OSS)" to talk about free (in the sense of freedom) software and open source software.
OSS goes back to the beginnings of computer science. Many of the successes of Open Government could only be possible because of open source code and the generosity of internet communities. We should pay that back.
Software licensing (open source and proprietary) trace their origins from a common source: the Unix operating system. This story is detailed in the Origins and History of Unix. Unix was developed by AT&T Bell Laboratories in the late 1960s and early 1970s and was the first general-purpose operating system. At that time, the US Justice Department issued a consent decree barring AT&T from engaging in commercial activities outside the field of its primary business, telephone service. Because of the consent decree, AT&T could not exploit Unix as a commercial product, so Bell Labs gave Unix away in source code form under terms that allowed its modification and redistribution. This led to Unix’s widespread use and popularity among computer scientists in the 1970s and 1980s.
After the US Justice Department lifted the consent decree in 1983, AT&T commercialized Unix as a proprietary product and adopted more closed licensing terms. Meanwhile, the 1980s saw the advent of microcomputers (PCs), which led to the standardization of software. This standardization, in turn, encouraged companies to distribute their software in binary-only form because there was less need for users to investigate or troubleshoot source code. And so proprietary licensing became the dominant model for licensing software.
Following to this change, Richard Stallman and the GNU Project started to build an operating system that would be a free alternative to UNIX. This is around the same time as the Free Software Foundation was started to promote the use of free software. The operating system needed both kernel and the tools necessary to install, run and develop programs for it. The GNU Project developed the tools but was missing a working kernel. This is when Linus Torvalds, a teenager in Finland, developed the first Linux kernel as a school project.
The combination of the Linux kernel and the GNU tools - most commonly called Linux - was released under the GNU General Public License (GPL), a licensing model that was created by the GNU Project. The GPL granted recipients unfettered rights to redistribute software with the condition that the source code could not be kept secret. As Linux grew in popularity, with thousands of contributors and billions of users, the industry learned to follow and adopt GPL’s terms. By the late 1990s, GPL and the open source licensing paradigm more broadly gained traction and industry-wide acceptance.
Today, the GPL license is in its third version (GNU GPLv3) and is only one of several dozen types of open source licenses. The Open Source Initiative has approved more than 80 open source licenses. These generally fall into one of two categories: permissive licenses and reciprocal licenses.
Even amongst the licences that the FSF and OSI approve as sharing the basic characteristics of OSS, the various terms and obligations vary greatly. However, there are several categories of clauses commonly encountered:
- General disclaimers of warranty and/or liability;
- Notice obligations, which generally require you to notify downstream users of the particular OSS licence that applies to the work;
- Source code obligations, which generally require you to provide the source code of the software when you distribute it; and
- Reciprocal licensing obligations, which generally require you to only release any modifications or improvements as OSS, under the same licence.
The first two types of clauses - disclaimers and notice obligations – are present in nearly every OSS licence. In fact, the short and popular 2-Clause BSD License contains little more than these two bare obligations. Other more expansive licences, such as the GNU General Public License (GPL), contain clauses setting out all four of these obligations.
Most OSS licences include a disclaimer of warranty that aims to be as exhaustive as possible in ensuring that no warranty applies. For example, the following clause in the Mozilla Public License Version 2 (MPLv2) demonstrates a typical incarnation of this licence term:
Covered Software is provided under this License on an “as is” basis, without warranty of any kind, either expressed, implied, or statutory, including, without limitation, warranties that the Covered Software is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Covered Software is with You. Should any Covered Software prove defective in any respect, You (not any Contributor) assume the cost of any necessary servicing, repair, or correction. This disclaimer of warranty constitutes an essential part of this License. No use of any Covered Software is authorized under this License except under this disclaimer.
As shown, in addition to setting out that the licence is “without warranty of any kind”, these clauses are most often careful to exclude any warranty of “merchantability” or “fitness for a particular purpose”. This serves to clarify and make certain that these two warranties do not apply, as some legislation might otherwise impose them as implicit terms of a contract or licence. For example, where software is sold in Ontario, the Sale of Goods Act imposes implied warranties relating to merchantability and, in some cases, warranties of fitness for a particular purpose (source?). However, with the explicit exclusions in typical OSS licences, these warranties do not apply.
Many licences also explicitly disclaim warranties of non-infringement (for example, the MPLv2, as set out above). This disclaimer aims to exclude the U.S. doctrine of an implied warranty of non infringement, which otherwise warrants that the software does not infringe any third party's copyright. For example, if a software developer uploaded a piece of code to a OSS project and it originally came from copyright-protected closed-source software, anyone downloading or using the OSS application would technically infringe the copyright. If sued for such an infringement, the warranty of non infringement would result in such a user having no recourse against the distributors or developers – it is “users beware”. In Canada, even though a specific doctrine of a warranty of non-infringement does not exist, this licence clause still likely disclaims similar warranties of title (especially when considered in conjunction with a broad disclaimer against warranties of “any kind”). As well as disclaiming warranties, nearly all OSS licences disclaim liability. For example, the MPLv2 states:
Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall any Contributor, or anyone who distributes Covered Software as permitted above, be liable to You for any direct, indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. This limitation of liability shall not apply to liability for death or personal injury resulting from such party’s negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.
Again, this disclaimer broadly aims to cover all bases of liability and all types of damages that could occur. The result is that when you use OSS, you do so at your own risk. The only exceptions are perhaps circumstances where notice of the disclaimer is not sufficiently brought to the user’s attention, or the clause is unconscionable, in light of a particularly high-risk context. Given that the contributor (in this case the Government of Canada) carries no liability and offers no form of warranty for any contributions made or products produced they must also forgo any form of meaningful or perceived ownership over the code or product generated.
Although these disclaimers are standard in nearly all OSS licences, licensors can modify them. In some cases, a OSS licence allows the licensor to set out additional disclaimers. For example, the MPLv2 allows a licensor to “include additional disclaimers of warranty and limitations of liability specific to any jurisdiction”. In other cases, a licensor may do the opposite and choose to offer a warranty or accept liability, removing the effect of the disclaimer of warranty. For instance, the MPLv2 provides that “You may choose to offer and to charge a fee for warranty, support, indemnity or liability obligations to one or more recipients of Covered Software”.
Like disclaimers, a notice obligation clause comes standard in nearly every OSS licence. This is an obligation to reproduce the licence text (either directly or through a hyperlink) whenever you reproduce the licenced work. In addition, notice obligations usually require distributions of the work to retain other notices that come with it – for example, copyright assertions, additional disclaimers of warranty or liability, or patent notices. Notice obligations usually at least apply to distribution of the source code, but, depending on the licence, often apply to redistribution of the object code as well. As one example of a typical notice obligation, the MPLv2 licence provides:
You may not remove or alter the substance of any license notices (including copyright notices, patent notices, disclaimers of warranty, or limitations of liability) contained within the Source Code Form of the Covered Software, except that You may alter any license notices to the extent required to remedy known factual inaccuracies.
There is one distinctive and commonly-encountered feature of OSS that tends to divide licences into two categories: those with a reciprocal obligation (also called “copyleft”, “share-alike”, or “hereditary”) and those without. Licences in the reciprocal category stipulate that modifications to the software must also come under the same licence. Therefore, if a person makes a change to reciprocal software or includes some reciprocal-licensed code in his or her own software, that person cannot distribute the new work as closed-source software: he or she must only redistribute the new code under the same OSS licence. The GPL, which is the most popular copyleft licence, sets out the rationale for this stipulation as follows:
To protect your rights, we need to prevent others from denying you these rights or asking you to surrender the rights. Therefore, you have certain responsibilities if you distribute copies of the software, or if you modify it: responsibilities to respect the freedom of others. For example, if you distribute copies of such a program, whether gratis or for a fee, you must pass on to the recipients the same freedoms that you received. You must make sure that they, too, receive or can get the source code.
Only some OSS licences contain this stipulation: other popular licences such as the MIT, BSD and Apache licences do not. Licences without this stipulation are generally referred to as permissive. In these cases, the author of any modifications is under no obligation to place his or her changes under the same licence, or even under a OSS licence at all. In general, the author of the modifications can even use and redistribute the modified software as a closed-source software application. The two different types of OSS licences are illustrated in the figure below.
(Image?)
However, blurring the distinction between these types of licences, different reciprocal licences stipulate varying degrees of when this reciprocal obligation to distribute under the same licence engages. This is perhaps the most confusing aspect of OSS licences and deserves careful attention. To determine whether a certain activity implicates a reciprocal obligation, one must consider (1) the type of distribution and (2) the extent of integration with the original code.
With respect to the type of distribution, reciprocal obligations only arise upon certain “distribution”-like activities. Where there is no such distribution, the licences almost always allow a person to use and modify reciprocal-licensed software without ever releasing their code. For example, a company can change and customize software under a reciprocal licence for in-house use, and it does not need to share this software or the software source code. However, a “distribution” does trigger a reciprocal obligation to distribute under the original licence. There are two common types of triggers found in OSS licences:
- Distribution of Source or Object Code: Distribution of the software, either through the internet or on a physical medium such as a CD, whether as source code or object code, is the most common trigger for a reciprocal obligation. For example, this is the trigger set out in the popular GPL licence.
- Access over a computer network: Found in the Affero GPL license, access over a computer network is a much broader trigger that imposes a reciprocal obligation whenever others access the licenced software over a computer network. This trigger aims to capture web service businesses that run their platforms on OSS – these businesses must make their source code available to others.
Even if the software is distributed, the reciprocal obligations still only extend to certain modifications (depending on the licence):
- Derivative works: As set out in the GPL, this type of reciprocal clause stipulates that the obligation applies to all “derivative works” (the U.S. analog of an “adaptation” under Canadian copyright law, likely with similar scope). The exact boundary of what constitutes a “derivative work” is hotly debated; however, it is clear that a mere “collection” of works does not trigger reciprocal obligations.
- Collections is where multiple software programs are distributed together (such as on the same CD-ROM), but where the programs do not tightly interact.
- Derivative works w/a linking allowance: The most prominent example of this type of clause is that found in the GNU Lessor General Public License (LGPL). This licence is similar to the GPL, but it explicitly allows a person to statically or dynamically link their code to a LGPL software library, without triggering the reciprocal obligation (in software development, “linking” involves a loose coupling where one piece of the software communicates with other software and makes use of its functionality).
- Modified files only: Unique to the Mozilla Public License (MPL), this type of clause only imposes reciprocal obligations on modified files. If a derivative work contains files which are modified versions form the original work, as well as entirely new files, only the directly-modified original files implicate and fall under the reciprocal obligation.
The differences amongst the various licences in the popular GNU suite illustrate how the type of distribution and extent of integration interact to determine when a reciprocal obligation engages, as shown in the following table.
(table?)
Reciprocal licences usually include a “source code obligation” that requires anyone distributing the work to include, or at least link to, the source code. This ensures that the software remains in a format that downstream users can continue to modify. Without such a requirement, someone could make changes to software under a reciprocal licence, but only redistribute the object code. This would make it impossible for others to make further changes or re-integrate any of the changes back into the original project.
Although a source code obligation usually goes hand-in-hand with a reciprocal licence, it is worth noting that, in some cases, it may only attach to the originally-licensed code. This becomes particularly important when using software libraries. For example, closed-sourced software vendors can link-to and make use of OSS libraries that fall under a Lesser GNU Public License. As long as the closed-source software merely links to these libraries, the reciprocal obligation does not engage. The vendor has no obligation to release its own source code. However, the source code obligation still applies to the libraries themselves. The vendor has an obligation to redistribute or otherwise provide the original library source code along with the closed-source product.
In some cases, it is not feasible for a person to directly provide the source code along with the object code. If distributing software on a CD or DVD, space constraints may make it difficult to include both – especially considering the fact that source code can be much larger than object code. For this reason, licences are usually flexible about the manner in which you must provide the source code. For instance, the GPLv3 allows a person to provide, in lieu of the source code itself, a written offer to distribute the source code on a separate CD or through a network server. If distributing the object code over the internet, a person may also simply provide instructions on how to download the source code from another internet-connected server.
License and copyright are two seperate things. In some cases the license may grant additionnal rights to the copyright holder(s). Work done by Government of Canada employees during work hours is Copyright (c) Crown Copyright, Government of Canada.
Within the context of OSS use where one does not distribute the software, there are five scenarios in which organizations typically make use of OSS: web and file services, desktop office suites, specialty software applications, customized software for in-house use, and customized software for use within other departments in the same organization.
Especially on the internet, OSS has long been a cornerstone of server software. OSS web server software such as Apache and Nginx run more than 70% of the websites on the internet. The OSS database server MySQL is widely popular, and the OSS-licensed TomCat software captures a majority of the application servers market. Additionally, the Linux operating system frequently runs the back-end of these servers. Public sector organizations deploy OSS for servers as readily as private sector organizations. Overall, server-side software remains the primary use of OSS within public sector organizations.
Compared to server-side OSS use, institutional and business use of open source desktop software is a relatively new occurrence. However, this area of open source software has seen increased interest in recent years, especially in the public sector. For example, public administrators in the City of Paris decided to migrate 17,000 desktop computers with Microsoft Office and Microsoft Internet Explorer over to using OpenOffice.org and Mozilla Firefox. Public administrators in the City of Munich have migrated 14,000 desktop computers to the Linux operating system. Although LibreOffice and Firefox are amongst the most common OSS desktop productivity applications, a broad range of applications are available.
Many OSS utilities and applications serve a particular business area or other interest. In the case of highly-specialized software, alternatives to a particular OSS application may not even exist if no sufficiently large market has developed to attract closed-source vendors. In many cases, academic researchers directly release their specialized research initiatives as OSS software libraries and applications.
As one example within the specialty area of geomatics, MapServer is a OSS package commonly used to display dynamic spatial maps over the internet. MapServer was originally developed at the University of Minnesota. Released under OSS licence, it is now administered by the Open Source Geospatial Foundation (OSGeo) and used and supported by a worldwide developer community.
All OSS licences grant users broad rights to modify the software. Recalling that reciprocal obligations only engage upon distribution, one can exercise this right to modify the software for internal use without triggering any additional legal obligations. The legal context of modifying OSS and using it internally is the same as merely using it internally without modification. However, although there is no legal difference between these two scenarios, some organizations and businesses may still wish to establish a policy of handling modified software differently. Tracking and handling modified software with extra caution can help ensure that an organization or business does not mistakenly distribute the software at a future time (which would then raise additional legal implications).
The scenario of “use without distribution” (i.e., the context which does not engage reciprocal licensing obligations) is relatively broad in scope. In general, internal distribution within a business or organization does not constitute a legal “distribution” or “conveyance” and does not implicate reciprocal licensing obligations. For example, the GPL considers distribution as “any kind of propagation that enables other parties to make or receive copies”. A corporation is only a single legal party and can make, modify and distribute OSS to its employees without engaging additional obligations.
Given that separate government departments operate semi-autonomously, there is a possible argument that the different departments constitute different “parties”. However, this interpretation is unlikely. Such an understanding would be incongruent with the general legal understanding of a federal or provincial Crown as being a single legal entity. However, distribution between the different legal entities of the federal crown and a provincial crown, or between provincial crowns, almost certainly constitutes “distribution”.
A key feature of OSS is that anyone can freely distribute the software. As a result, most OSS is available for download on the internet without cost, but there are certainly still maintenance and management expenses. For businesses choosing to use OSS, the nil up-front licensing cost is an attractive and key policy driver for making this decision. It can lower operating expenses. For the public sector, cost is also important. In addition, other public benefits can motivate public sector use of OSS. Of course, a business or government organization must balance these benefits against several drawbacks, such as lower user familiarity with OSS software packages.
OSS is how modern organizations build software. Documented advantages over software built by a handful of developers include the quality of solutions generated through the diversity of ideas and communities that form around a shared challenge. Exposing the problem space to other interested organizations also provides additional human capital to tackle challenges. For example, Linux, an open source operating system, is the largest development project in the world, with thousands of people contributing to every release. Many competing companies contribute to Linux and other OSS, allowing them to leverage the work of a global community of OSS developers and shift developers from low-value work to high-value work.
Using OSS allows for product customization, advances interoperability between tools through the use of Open Standards, and improves the overall quality of the final product. Other benefits include:
When a closed-source software application becomes entrenched into an organization’s or business’s processes or products, the organization becomes beholden, or “locked-in”, to that software vendor for any new features, for bug fixes, and in many cases, for receiving product support. Where a vendor is unwilling to implement a new feature, you may need to switch to an alternative – often at considerable cost. Where a particular vendor is slow to provide bug fixes or support, this can adversely affect your own timelines and may also impose a security risk.
OSS provides an advantage in that it creates an open marketplace for providers of all types of support. Any support business with sufficient software development competencies can add new features and fix bugs in the software; OSS users can also switch to a different support provider whenever an existing company no longer meets their needs or timelines.
The flexibility of using OSS compel GC to meet user needs by modifying existing or creating new OSS. OSS is particularly suitable for rapid prototyping and experimentation. The testing process generates minimal costs, and the process encourages the identification and elimination of defects not recognized by the original development team.
Depending on the dynamics of a software industry in a particular locality, OSS use may better support local businesses in the area. Because OSS is openly available, distributable, and modifiable, a wider breadth of smaller “support service” businesses may provide commercial services. Rather than a single vendor providing the warranty and technical support, any competent local IT business can provide these services. Rather than a single vendor being the only party in a position to customize software, a local consulting or software development business can provide specialized versions of the software.
Publicly available source code enables continuous and broad peer review. Whether simply publishing the completed code or opening the development process, the practice of expanding the review and testing process to a wider audience—beyond the development team—ensures increased software reliability and security. Developing in the open also allows for other opinions to help adjust the direction of a product to maximize its usefulness to the community it serves.
The code created by public administration belongs to the public. By developing OSS, we help populate a larger commons that cities, states, businesses, and individuals can participate in. This creates real economic value by lowering the burden of replicating similar work or by allowing the private sector to build off of and create new businesses around code developed by the GC.
The total cost of ownership for using any software application involves three over-arching categories of expenses: (1) up-front licensing costs, (2) on-going maintenance and support costs, and (3) software upgrade costs.
When using OSS, the up-front licensing cost is zero (aside from internal costs of assessing the software and the licence). A OSS licence is always “open” and granted to the world, in that it licenses everyone to use the software without any fees due. Moreover, due to the fact that OSS licences grant everyone the right to redistribute the software, nearly all OSS packages are available for free download over the internet. At most, some companies charge a nominal fee for the service of distributing OSS on a CD or DVD.
As well, OSS software often incurs lower on-going maintenance costs. With closed-source software, the vendor and its select business partners are quite often the only businesses able to provide adequate support (either because the software licence grants the vendor an exclusive support contract, or due to the vendor's specialized expertise with the software and its sole ability to examine and work with the source code). This can potentially undermine competitive tendering and, in some cases, result in poor support with no available alternative. OSS, on the other hand, permits anyone to install, fix, and otherwise support the software. This can allow for a more competitive tendering of support services amongst firms. With respect to software upgrades, some closed-source vendors require licensees to purchase a new licence, or pay an upgrade fee, for new versions of the software. For OSS, on the other hand, no new licence is necessary to start using a new version of the software.
The ability to modify OSS enables rapid response to changing missions and markets. Support and maintenance of OSS - as opposed to more burdensome usages of proprietary software - provides a real cost advantage where multiple copies of software are required, or when the user base grows. The total cost of ownership is shared with a community, rather than solely the Government of Canada.
One of the most misunderstood aspects of the Open Source Software (OSS) development model is the security benefits it offers. OSS security relies on genuinely hardened code that is tested by a large number of reviewers in a wide variety of circumstances. Linus Torvalds simply noted, "talk is cheap, show me the code."
When using OSS, all of the source code is openly published. This makes it difficult for anyone to surreptitiously insert malicious code. It also allows security auditors and security researchers to inspect the code for flaws. While software security is a concern for all entities, it is of paramount importance to governments. For this reason, defense and national security agencies very often use OSS.
Thus, where OSS is well-developed and well-inspected by third parties, security is generally improved. There are some security risks as well, discussed below.
OSS relies on security over obscurity. A common misconception is that hiding code helps to prevent successful attacks. Open Source development practices rely on hardening (or improving the security of) code by making it available for peers to test and try to break, and then fixing the problems found.
OSS is not always more secure, however in both theory and practice the OSS security model has proven that it can more quickly respond to and correct security issues.
Obfuscation relies on attacker ignorance and hides poor security practices. Within five months of the source code release of InterBase version 6, a hard-coded backdoor that had existed for seven years was found by the OSS community and fixed.
Assuming that the goal is to make secure software, it is obvious that the easiest way to find flaws in a project is to make all of the project's code completely transparent. This approach may seem counter-intuitive, if the ultimate goal is anything other than the integrity of the technology.
By openly releasing a project's code and making it readily available via the Internet the community of peer reviewers is expanded exponentially across the globe. The community will quickly find flaws and the project team can take action to fix them. This simultaneously garners exceptionally wide and deep testing feedback from developers who need the code to be as secure as possible for their own use as well as the community's. Both the project owners and community benefit from sharing flaws and fixes.
Because the OSS security model is established on industry-accepted best practices and the actual code is widely available, projects are widely reviewed, thoroughly scrutinized, practically improved and quickly hardened.
Sound security practices are only possible with open peer review. This is the basis of a evidence based approach to any field of study. Technology is no different and shouldn't be treated as if vendors have special access to the truth.
User familiarity with OSS software packages is often much lower than with closed-source software packages. Closed-source software has a strong foothold in schools (at least in Canada) and many people learn to use computers through closed-source software, due to its pre-installation by hardware suppliers. For this reason, OSS can require more training and support.
Because all of the source code of OSS is openly published, anyone – including “black hat hackers” – can examine the code for security holes. Of course, one must weigh this drawback against the aforementioned security benefits. In many cases, malicious hackers can still obtain access to the source code of closed-source software where non-disclosure agreements, company ethics procedures, or vendor security mechanisms fail. Whereas closed-source software security depends on an attempt to maintain an information imbalance between the “white hats” (computer security analysts) and the “black hats” (malicious computer hackers) , OSS software security depends upon an open competitive process of finding and closing security holes. The models rely on different strategies, and each has its particular risks that an organization must weigh and consider.
The ease and no-cost option of downloading OSS from the internet, and instantly installing it, can create an attractive proposition for employees to side-step procurement processes altogether. This creates two problems: first, employees may contractually commit the company or government organization to the terms of the software licence without management even becoming aware of this fact; and second, losing track of what software is running on employee workstations makes systems security management more difficult. However, this systems management issue subsists whether or not a company or organization chooses to make use of OSS.
In general, the same factors applicable to an evaluation of the feature set and maturity of closed-source software also apply to OSS. The following factors merit consideration when evaluating OSS:
- Community A strong user community involved in a project provides people to answer questions, test the software, report bugs, suggest improvements and drive forward overall interest in the software.
- Release Activity A strong developer community with a history of releases and continued involvement tends to demonstrate that fixes and improvements to the software will continue into the future.
- Longevity Longevity, measured in both in terms of the age of the product and the number of versions released, indicates a project's stability and chance of survival.
- Licence Software is available for re-use under an OSS licence and code is in a common code repository. The licence of a project can affect the level of legal risk which you must assume (see Legal Risk Management).
- Support Availability Support considerations include user support (i.e., the availability of assistance with installation and usage) and maintenance (i.e., fixing problems in the software). Support for OSS can be provided by the community and/or paid support services businesses.
- Documentation User documentation provides important information to help users install software and use its features.
- Security Although OSS code is auditable, this does not necessarily mean it is secure. The quality of the code and the typical response time for patching security-related flaws help indicate the security level of the software.
- Functionality Specific functionality needs depend on the business case for the software and need to be assessed on a case-by-case basis.
- Integration Where a software package will interact with other pieces of software, or with particular data formats, compatibility and the ability to integrate the software and data together becomes a paramount consideration.
In making software procurement decisions, it is common practice to assess OSS on equal footing with closed-source software. Starting from a list of business requirements, a government organization or business can assess how well the feature set of a OSS software package matches the requirements, and calculate the overall cost-per-feature over the required lifetime of the software.
This type of assessment provides a useful starting point. However, several interviewees reported difficult experiences in making “apples-to-apples” comparisons between OSS and closed- source software. Although an assessment of the total cost of ownership is feasible for both, it is difficult to account for factors such as benefits to the public (e.g., overall economic efficiency, support for local businesses, etc.).
Compounding this difficulty, established software procurement and service tendering processes are sometimes tailored towards closed-source solutions. The processes are not always flexible enough to properly assess and address OSS solutions. For example, a procurement process may first involve a call for tenders on the initial licensing contract. Here, OSS-based businesses are not likely to bid, as they have no licences to sell. Where the next stage of a procurement process would call for tenders on support services, OSS-based support businesses may already be closed out. Closed-source software vendors often prohibit anyone else from servicing or providing support for their product, thereby barring OSS-based businesses from the whole process.
Thus, although a direct comparison between all potential solutions – both OSS and closed-source – is a helpful practice, it may also be necessary for businesses and organizations to revisit existing processes and procedures in order to ensure that these adequately envision both categories of software.
Depending on the context, it is prudent to allocate appropriate resources for training and assistance with OSS. Although this may not be necessary when merely installing new OSS on a server (where only knowledgeable staff are likely to interact with it), it is particularly important when migrating over to OSS desktop software. Often, users are more accustomed to traditionally-popular closed-source software packages, and may have little familiarity with OSS. Organizations which have made the switch to OSS desktop applications identify several helpful lessons learned and best practices.
- Analyze and plan the costs and business cases for the migration;
- Conduct pilot studies.
- Moderate the pace of migration, avoiding a “big bang” approach (e.g., first institute voluntary adoption to cultivate a base of experienced users who can then assist their colleagues);
- Provide a transition phase where users have access to both existing software and the open source alternative;
- Secure the support of top management;
- Create a positive attitude with users.
- Provide proper training and focus on the general everyday functionalities of the software.
- Provide access to several kinds of support, such as FAQs and guides, access to telephone and email support, and access to a contact person.
- Make a significant effort to ensure that file and data formats from the incumbent closed-source software can be easily imported and exported by the OSS solution;
- Keep in mind that document conversion, such as between MS Office and LibreOffice, can become a labour-intensive task for any complex documents, especially where they include precise formatting or MS Office macros.
- Although the general functionalities are often equivalent in the OSS analogues, there is not always a direct alignment of feature sets and specific issues may arise for users.
Overall, the particular OSS licence is unlikely to strongly impact a decision on whether or not to use OSS. As previously noted, few licence obligations engage upon the mere use of OSS. Most importantly, reciprocal licensing obligations do not apply. Only three features of OSS licences tend to strongly differ from closed-source licences in this context and merit special consideration: (1) the lack of a warranty; (2) the disclaimer of liability and lack of indemnification; and (3) the lack of choice of law and choice of forum clauses.
A warranty is an assurance by a vendor that a product will operate as promised and without any defect. A warranty can also include assurances that a product is free of legal encumbrances, such as unlicensed intellectual property that may be owned by third parties (i.e., a warranty of non-infringement). Depending on the terms of the warranty, when a product does not fulfill the assurances, the customer can request that the vendor fix the product, refund the customer and/or provide monetary compensation.
Given the typical lack of a warranty in a OSS licence, it becomes more imperative for a business or government organization to secure external support contracts. A OSS support services business familiar with the software can help resolve any issues and, importantly, directly patch any bugs that crop up.
Some support services businesses also help mitigate the risks that can arise due to the lack of a warranty of non-infringement. For example, Red Hat offers customers the “Red Hat Open Source Assurance Program” and Canonical provides the “Ubuntu Advantage Assurance”. Both of these programs provide services to replace any portion of their respective Linux distributions (Red Hat and Ubuntu) that turn out to infringe intellectual property rights of other parties. Additionally, these programs also offer to indemnify customers against any lawsuits they face as a result of any such intellectual property infringements.
Where a licence or contract contains no disclaimer, a licensee can ordinarily hold the licensor civilly liable for losses suffered due to any negligence in the software design, implementation or testing. Further, where a licensor agrees to indemnify the licensee, if another party (most often, a customer of the licensee) sues the licensee for damages and the cause of the damages can be traced back to the original licensor’s software, then it is the licensor who must ultimately pay a damage award.
However, given the disclaimer of liability and lack of indemnification clause in a OSS licence, organizations and businesses cannot shift or “flow through” their civil liability risks to the vendor. The disclaimer means that you cannot generally recover compensation from the vendor for damages that arise due to problems with the software. The lack of indemnification means that, if other parties suffer losses due to problems involving your use of the software, you risk liability and cannot shift this risk onto the original software vendor.
Overall, the indemnity clauses in closed-source software licences function similarly to insurance: they cover your losses when third parties sue you. Therefore, when it comes to OSS, companies and organizations may wish to consider insurance as a substitute for an indemnity clause. Instead of the software vendor insuring against legal liability, an insurance provider does the same.
One other difference that OSS users should keep in mind is that OSS licences rarely include choice of law or choice of forum clauses. Closed-source licences may specify that courts shall interpret the licence and resolve disputes pursuant to the laws of a particular country or jurisdiction (choice of law) and that lawsuits shall be heard by courts in a particular jurisdiction (choice of forum). Where these remain unspecified in OSS licences, courts will apply standard conflict of law rules to determine the appropriate law and the appropriate forum in a particular context. This increases the uncertainty of whether you may have to litigate a lawsuit in a foreign jurisdiction, or under unfamiliar laws – which would involve higher litigation expenses.
OSS is built upon, and depends upon, collaboration and community participation. It is generally a good practice to try to “give back” to the community from which you receive benefits. Not only does such reciprocity help keep a OSS software project alive and well, but it also helps you establish ties and a good rapport with other community members. This, in turn, can help when you request community support or submit feature requests.
Even without contributing any code, there are numerous other ways that you can contribute to a OSS software project. For example, any user might consider one or more of the following activities:
- Submit software suggestions: provide bug reports and suggest any new features that could improve the software;
- Improve documentation: help write new user guides, correct and improve existing documentation, or submit artwork such icons, backgrounds and logos;
- Assist others: participate in help forums and product support mailing lists;
- Make financial contributions: especially, if a user is profiting from the software , the user may to share some it of it back to the community through donations to the project;
- Contribute to the infrastructure: contribute hardware, donate server time, or even help maintain content on the project web portal;
- Promote the software: espouse the benefits of the software to others and write reviews.
Licence interoperability is rarely an issue for mere OSS use, as long as there is no distribution of the software. As previously discussed, generally the only licence obligations that one must accept and follow in the case of mere use are a disclaimer of warranty and disclaimer of liability. Even when software from multiple sources is modified and combined under multiple licences, these disclaimers are never likely to conflict. Disclaimers impose only a passive obligation – that is, they do not require you to take any particular action or forebear from any particular action. A licensee need only accept the legal risk imposed.
Although licence interoperability is not a concern for OSS use, format and data interoperability can affect decisions on whether or not to use OSS. To assess the interoperability of data, it is important to conduct a case-by-case analysis. Closed-source software can still implement widely-interoperable “open standards” for data. By the same token, OSS may in some cases use specialized non published and non-open standards for storing data.
However, cultural tendencies and the dynamics of the OSS business model tend to drive OSS projects towards the use of interoperable and open standards for reading, writing and storing data. Indeed, even where OSS does not implement an open standard for data interchange, at the very least the availability of the source code always provides an “open implementation”. The source code serves as an example that anyone else can follow to implement the same functionality for reading and writing the underlying data format.
See Open Source Code.
The GC will:
- publish OSS adoption guidelines, update IM-IT strategic plan and cloud adoption stratagy to reflect direction on OSS;
- plan to eliminate current lock-in to propriatary operating system by favoring use of multiplatform or Web applications;
- select open source Web browser and office suite for use by all departments and agencies;
- require that all new purchases, upgrades or migrations activly and fairly consider OSS, starting immediately;
- factor in the use of OSS when calculating total cost of ownership (TCO) of a solutions including exit or transition costs;
- select OSS on the basis of its additional inherent flexibility, when there is no significant overall (full-lifecycle) cost diference with propriatary solutions;
The criteria used for evluating OSS are defined above in the Software Evaluation and Procurement section. Preferred OSS must also suport the use of the Preferred Open Standards. France has a list of recommended OSS in it's Socle interministériel des logiciels libres. The Smile Open Source Guide currently lists over 350 "profesionnal" OSS solutions with reviews and evaluations. The following OSS are currently being used by the some departments and agencies. This list should become the preferred OSS list for the GC. This list will be evergreen and departments will be encouraged to propose alternative innovative OSS if those meet the criteria for open standards and OSS.
- Web front-end: WET-BOEW, Bootstrap
- Web Visualizations: D3, Plotly
- Web Content Management System: Drupal, Jekyll
- Web Learning Management System: Moodle
- data distribution: CKAN
- Social collaboration: Elgg
- Wiki: Mediawiki
- Document sharing: OwnCloud
- Instant messaging: Riot
- Search engine: Solr, Elasticsearch
- Web visitor tracking: Piwik
- Web Server: Apache, NGINX, Tomcat
- Database: PostGreSQL, MariaDB, MySQL, MongoDB
- Programming language: PHP, Python
- Development framework: Laravel, Django
- Testing: PHPUnit, JUnit, Selenium
- Continuous integration: Jenkins, Maven
- Containers: Docker, Kubernetes, Openshift
- Cloud Environment: OpenStack
- Operating system: Ubuntu, CentOS
- Identity authentication, federation and management:
- Web Browser: Firefox
- Office Suite: LibreOffice
- Etherpad (many open instances. Ex.: Openstack)
- Framasoft Free Services (many OSS available)
- Sandstorm.io Apps (many OSS available)
- Digital Services Playbook - Contract ensures open source solutions are evaluated when technology choices are made and consider OSS solutions at every layer of the stack.
- 18F Open Source Policy - Use OSS in our projects and contribute back to the open source community.
- DoD Open Source Software FAQ - Educational resource for government employees and government contractors to understand the policies and legal issues relating to the use of OSS in the DoD.
- DoD Memorandum on Guidance Regarding Open Source Software - There have been misconceptions and misinterpretations of the existing laws, policies and regulations that deal with software and apply to OSS, that have hampered effective DoD use and development of OSS.
- Technology Code of Practice - Make things open by giving equal consideration to free or open source software when you choose technology - taking account of the total cost of ownership of the service, including exit and transition costs.
- Socle interministériel des logiciels libres - L’ensemble des logiciels libres préconisés se présente sous la forme du SILL. Dans sa version actuelle, il porte sur le poste de travail, la gestion de parc, l’exploitation de serveurs, les base de données et les environnements de développement.
- Australian Government Open Source Software Policy - Procurement processes must actively and fairly consider all types of available software. Agencies will actively participate in OSS communities and contribute back where appropriate.