Legal Release of Closed Source under Open Source License

DShofi at DShofi at
Tue Aug 10 02:03:48 UTC 2010

On August 9, 2010, Andrew Cutler wrote: 

> I'll be the one 'making the work available for download'. What I'm
> really asking is what is the necessary documentation to evidence the
> fact that the client has allowed the code to be released under an open
> source license? Is a letter sufficient?

> Client says it's ok, but obviously this fact needs to be documented in 

> There doesn't seem to be much information online. I'd talk to an IP
> lawyer, but for their time I'd be better off rewriting the code from
> scratch.

If you really want or need to be the licensor, I am sure that anyone with 
knowledge of OSS licensing will agree that you have two choices to avoid 
legal pitfalls:

1.  Get a written assignment of the entire code base from the present 
owner(s) (presumably the client but be real sure) to you 


2.  Get an IP lawyer to help you.


David M. Shofi | Chief Intellectual Property Counsel | Phone: 203-207-9342 
| Mobile: 203-770-2865 | Fax: 203-797-2544 | ATMI | 7 Commerce Drive | 
Danbury | CT | 06810| | dshofi at



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