Mr Emde, rumors have been circulating for some time that developers of open source software are taking legal action against companies that allegedly violate licensing obligations when distributing this software. What is the truth behind these rumors?

Emde: There are indeed such activities - a particularly serious case of a software developer who worked on the Netfilter subsystem of the Linux kernel recently became public. The special thing about this case is that the software developer is not primarily concerned with achieving license conformity and reminding companies of their compliance obligations with gentle pressure, but that the focus here is on very high monetary claims. Although this approach is not legally objectionable, it is morally condemnable simply because the open source software in question was developed by a large community and it is unacceptable for just one person to benefit financially from it. The developer concerned has since been suspended from working in the Netfilter community for not recognizing its principles.

In view of these legal disputes, should the use of open source software be reconsidered?

Emde: No, there is probably no reason to do so. The license obligations imposed on the distribution of open source software are relatively easy to comply with. Obviously, the problem is probably that there is still the idea that open source software can be passed on without complying with any obligations. However, this is of course not the case, because open source software is protected by copyright just like any other software. And only if the license obligations are fulfilled can you enjoy the very extensive rights from the various open source licenses. However, these license obligations and the consequences of non-compliance are often lost sight of.

What can and should you do if you receive a warning letter for an alleged copyright infringement?

Emde: Always seek advice from a specialist lawyer and never sign anything without appropriate advice! And by the way: Anyone using open source software that requires the disclosure of the source code normally has the choice of either supplying the complete corresponding source code on a medium normally used for data transfer directly with the goods or supplying the medium later on request. If you have opted for subsequent delivery on request, you should take the greatest possible care in the production and delivery of the source code, as this could be a test purchase by a software developer looking for a new victim. The same applies here: It is best to seek advice from an expert so that all license obligations are fulfilled correctly when the source code is subsequently sent and the buyer does not find any loopholes.

OSADL is a community that deals specifically with open source issues in the automation industry and will be represented at SPS IPC Drives for the tenth time this year. Apart from licensing, what other topics will you be focusing on at the trade fair?

Emde: In addition to the latest developments relating to real-time Linux and the performance data of current processors and platforms, we will also be providing information on the progress of the SIL2LinuxMP project, which is developing and providing materials and processes for SIL2 certification of a basic Linux system. After the certification body gave the green light for the developed concept in a joint conference of all participants at the beginning of this year, the second project phase of SIL2LinuxMP was recently started, in which the developed methods and processes are now being applied to real existing projects with a defined hardware platform.