👉 Freely accessible code that can be used, modified, and shared
What is the difference between “free software” and “open-source software”?
The main difference between “free software” and “open-source software” lies in the emphasis on different aspects, although both concepts share many similarities.
The term “free software” was coined by Richard Stallman and the Free Software Foundation (FSF). Here, the user’s freedom is paramount – the freedom to execute, examine, modify and distribute the software. Free software respects the essential freedoms of users and is often understood as an ethical movement.
Free software focuses on the freedom of the user. The Free Software Foundation defines four freedoms that are essential for free software:
- The freedom to use the software: for any purpose and without limitation.
- The freedom to study the source code: to understand and improve how it works.
- The freedom to distribute the software: Share it with others, with or without a fee.
- The freedom to improve the software: By modifying and distributing the improvements.
In contrast, the term “open-source software” tends to emphasize open-source code and the ability to modify and develop software. The Open Source Initiative (OSI) defined the Open Source Definition in 1998, which is very similar to the definition of the FSF. Open-source software can also be freely used, modified and distributed.
In practice, the terms “free software” and “open-source software” are often used interchangeably, as the differences are rather subtle. While “free software” emphasizes the ethical aspects of user freedoms, “open source” stands for a more pragmatic, less philosophical approach.
Similarities
- Accessibility of the source code
Both free software and OSS allow access to and modification of the source code. - Fostering collaboration
Both movements encourage collaboration and the exchange of ideas in software development. - No cost
Usually, both free software and OSS are available for free.
An important difference is that the open-source movement focuses more on technical advantages and community collaboration, while the free software movement emphasizes ethical principles. For companies, the more pragmatic open-source approach may be more appealing, while individuals are more likely to be persuaded by the ethical arguments of the free software movement.
Differences
- Focus
Free Software emphasizes user freedom, while OSS emphasizes the accessibility of source code. - Licensing
Free software uses licenses that comply with the four freedoms, while OSS licenses must comply with the ten OSI principles. - Philosophy
Free software is related to a philosophy that sees software as a tool for the liberation and self-empowerment of users. OSS, on the other hand, has a more pragmatic approach and focuses on the benefits of collaboration and open exchange.
Ultimately, however, both concepts share the common goal of giving users more control and freedom over their software. The differences are more gradual and depend on the individual focus.
What are the benefits of open-source software for businesses?
Open-source software offers companies a number of advantages that can have a positive impact on costs, competitiveness, independence and innovation. For many organizations, the use of open source is therefore an attractive option. Typical benefits that are of great importance to many organizations can be:
Cost-Efficiency / Cost-Saving
The most obvious benefit is cost savings. In contrast to proprietary software, open source solutions usually do not require the payment of license fees. This can mean significant savings for businesses, especially for large IT infrastructures. In addition, there are lower maintenance and support costs, as the open-source community often takes over these tasks.
- License costs
OSS is usually available free of charge, as the source code is freely accessible. This can result in significant savings in licensing fees compared to proprietary software. - Development costs
Companies can use OSS as the basis for their own software solutions and thus reduce or even eliminate their own development costs. - Maintenance costs
Due to the active community behind many OSS projects, free updates and bug fixes are often available, which reduces maintenance costs.
Rapid innovation and competitiveness
Open-source software benefits from the creativity and commitment of a large, global community. New features, improvements, and bug fixes are often developed faster than with proprietary software. Companies can benefit from this pace of innovation and increase their competitiveness.
- Faster innovation cycle
The active community behind many OSS projects ensures rapid development and innovation. Businesses can benefit from these new features and enhancements. - Access to talent
Participation in OSS projects can make companies attractive to developers and IT professionals who want to get involved with new technologies. - Strengthening the market position
By using innovative and future-oriented OSS, companies can strengthen their competitiveness and stand out from their competitors.
Independence from the manufacturer, flexibility and adaptability
With proprietary software, companies are tied to the manufacturer. With open source, they can adapt the software themselves, develop it further, and get support from multiple vendors. This increases the flexibility and independence of the companies. Open source software can be adapted to the specific needs of a company. Companies do not have to resort to ready-made solutions but can modify the software themselves or through service providers.
- Customization
The open source code allows companies to customize the software to meet their specific needs and requirements. This can increase efficiency and optimize processes. - Future proofing
With the ability to customize, companies with OSS can respond flexibly to technological changes and new requirements. - Interoperability
OSS is often standardized and compatible with other systems, making it easier to integrate with existing IT infrastructures.
Transparency, security and reliability
The open-source code of open source software allows for greater transparency. Companies can audit the code themselves, identify and fix security vulnerabilities. This provides better protection against spying and manipulation compared to proprietary “black box” software.
- Many eyes see more
Public control of the source code in OSS projects allows security vulnerabilities to be discovered and fixed more quickly. This can increase the security of the software. - Large community
The active community behind many OSS projects ensures thorough testing and troubleshooting of the software, which increases reliability. - Long-term availability
Because the source code is openly accessible, OSS solutions are less at risk from vendor or proprietary technology dependency.
Fostering innovation
By actively participating in open-source projects, companies can not only benefit from innovations, but also set new impulses themselves and increase their visibility in the community. This can lead to valuable partnerships and collaborations.
What legal aspects do companies have to consider when using open-source software?
The use of open-source software in companies requires careful legal review and compliance control, which should be carried out by experts. As a rule, such an expert will be a lawyer with expertise in IT law. This is the only way to minimize risks and avoid possible violations of the law. A proactive approach is crucial here. When using open-source software, companies need to consider various legal aspects to avoid compliance issues:
Comply with license terms
The most important point is compliance with the license terms of the open-source software used. Each open source license has its own rules that must be adhered to by the company. These often include obligations such as disclosure of source code, retention of copyright notices, or restrictions on distribution.
- License Identification
Organizations need to accurately identify and understand the licenses of the OSS components being used. - License Terms
The license terms of each OSS component must be carefully reviewed and adhered to. This may include restrictions on the use, distribution or modification of the Software. - Compatibility check
It is important to ensure that the licenses of different OSS components are compatible with each other to avoid license conflicts. - Documentation
The license terms and the origin of the OSS components used should be fully documented.
Obligations to provide information to customers
Many open-source licenses require companies to inform their customers about the use of open-source software. This can be done, for example, by means of references in contracts, documentation or on product packaging.
Review of customer agreements
Before using open-source software, companies need to check whether it is compliant with the agreements with their customers. Some customers do not allow the use of open-source software or only under certain conditions.
- Disclaimer of Warranties
OSS is generally provided on an “as is” basis. Companies therefore bear the risk of errors and damage that can arise from the use of OSS. - Liability for Third-Party Damages
Businesses may be held liable for damages caused by the use of faulty OSS under certain circumstances.
Prevention of compliance violations
Companies must ensure that no open-source components are included in self-developed software if this is not desired by the customer. Failure to do so may result in compliance violations, which can have legal consequences.
- Data protection
Companies must comply with data protection regulations when OSS processes personal data. - Data security
OSS components should be regularly checked for security vulnerabilities and updated to minimize the risk of data leakage.
Protection of intellectual property
When using open-source software, companies must be careful not to lose any rights to their intellectual property. Some licenses require that modifications to the source code must also be published under an open-source license.
Ensuring support and maintenance
Companies need to check whether professional support and maintenance is available for the open-source software they are using. Failure to do so may result in implementation and ongoing issues. Overall, the use of open source software in companies requires careful legal review and compliance control. This is the only way to minimize risks and avoid possible violations of the law. A proactive approach is crucial here.
Can open-source software be patented?
Yes, open-source software can also be patented. This may sound a bit contradictory at first glance. While open source is based on the principle of free use of the source code, this does not prevent developers from protecting certain aspects of their software through patents. It is important to check the license terms of the open source software used in order to understand what possibilities for patent protection exist or are limited. Among other things, the following points are important:
- Software patents in general
Patents protect technological inventions, not the code itself. So, if an open-source software implements a novel and non-obvious technical solution, that solution could be patented, regardless of whether the software is open source or not. - Patents and open-source licenses are not necessarily incompatible
Patents can even be used to protect open-source applications by licensing the inventions under free licenses. - Open-source licenses differ
Different open source licenses have different regulations regarding patents:- Permissive licenses (e.g. MIT, BSD, Apache): These usually explicitly allow the patenting of inventions based on open source software.
- Copyleft licenses (e.g. GPL): These licenses usually contain clauses that make it difficult to patent with the aim of restricting the free use of the software and derivative works.
- Open-source business models
Some companies use open source software as a basis and patent additional functions or modules, which are then offered as commercial extensions. This so-called “dual-licensing” model can combine open source and patents.
What are the goals of the open-source community and how do you get commercial support as a company?
Goals of the Open-Source Community
At its core, the open-source community has the following main goals:
- Fostering innovation and collaboration
The community wants to drive technological development through the open exchange of ideas, source code, and knowledge. New solutions should be able to emerge quickly and be used by everyone. In doing so, all participants benefit from the contributions of others. - Strengthening user freedoms
Many open source developers also see their work as an ethical mission to give users more control and freedom over their software. They want to reduce dependence on individual manufacturers and promote user self-determination. - Collaboration and knowledge sharing
Developers and users work together to further develop open-source software and share their knowledge with each other. - Innovation and creativity
Through the open participation of many people, innovative and creative solutions are created that would often not be possible in proprietary software. - Democratization of Technology
Open-source software allows all people to access software and customize it to their needs, regardless of commercial interests. - Community Strengthening
The open-source community fosters exchange and collaboration between people from all over the world, resulting in a global network of like-minded people.
To achieve these goals, individuals and companies are engaging in the open-source community in a variety of ways:
- Contribution of source code, documentation and bug fixes
- Participation in discussion forums and mailing lists
- Organization and sponsorship of conferences, meetups and hackathons
- Financial support for open-source projects
- Hiring Open-Source Developers and Exempting them from Contributions
Commercial Support for Businesses
Many companies shy away from using open-source software because of concerns about lack of support. It is crucial that companies build the right partners and competencies to use open source solutions effectively. In fact, however, the open-source community offers a wide range of opportunities for professional support:
- Specialized Open-Source Vendors
There are numerous companies that specialize in the commercial support of open source solutions. They offer maintenance, troubleshooting, training, and consulting. - Contribute to the developer community
Companies can actively participate in the open source community by releasing developers for contributions or hiring developers themselves. In this way, they build a network of experts that they can fall back on. - Consulting and Strategy
Businesses can seek advice from experts to help them develop an open-source strategy and help them find the right open-source solutions for their needs. - Certification and Compliance
Support providers can help companies certify their open-source systems to specific standards and ensure that they comply with the terms of the license. - Use of Service Providers
There are many IT service providers who support and advise on open source solutions in addition to proprietary software. They can help companies adopt, customize, and operate open-source software. - In-house development capacities
Larger companies can also build their own development capacities for open source projects. This allows them to adapt the software to their needs and provide support themselves.