Open source software (OSS) has long been the backbone of modern software development and digital infrastructure. Companies, start-ups and public authorities naturally build on frameworks, libraries and system components whose source code is publicly accessible. However, this technical freedom is accompanied by a legal responsibility that is often underestimated. Anyone who uses open source – whether for internal development or in commercial products – enters a complex field of copyright, licensing law and contract design.
The following is an overview of the most important legal aspects of open source software in Germany – with the aim of giving decision-makers and developers guidance and avoiding typical risks. I have been writing on this topic myself for decades.