licensing software open-source-software
Open source software distribution between different legal entities
<p>I work for a large organization with multiple international companies part of a larger parent company. At this moment I am working on a software application for Android. This application is being developed for use within the organization.</p>

<p>Note that my software is not officially released and any distribution of the software is for either testing or development.</p>

<p>My question is the following: Does my software have to be compliant with the licenses of the libraries I use before distributing my software from say the Dutch branch of the company to the Chinese branch, which are other legal entities?</p>

<p>Of course you have to follow the license. You seem to have a license that doesn't allow distribution and want to know if giving copies to the Dutch or Chinese branch of your company is distribution. </p>

<p>First, you should not make that decision. Your company's lawyers should do that. Second, such distribution is with some licenses perfectly legal if you distribute the software with source code. That's a business decision which you or your manager or his/her manager... can make. </p>

<p>Such questions (whether giving a copy to your Dutch branch is distribution) often don't have an answer that is yes or no but maybe - if you went to court, would a judge say that it is distribution? The answer is quite clearly "maybe". So unless you can find a safe way, there is a risk. Again, your lawyers will assess the risk. </p>

<p>All use of intellectual property (IP) that you do not own must comply with the license terms of the IP.  Most open-source software is released/shared under licensing terms.  Typically they are not onerous, but legally they must still be respected.</p>

<p>Some licenses distinguish between commercial vs. non-commercial, profit vs. non-profit, or personal vs. business use.  The use case you describe sounds like "business" use, and unless your organization is a non-profit presumably it sounds like "non-commercial, for-profit, business use."  But a large organization should have general counsel that could confirm whether your use is compliant with the license terms of all the IP you use.</p>
