Using Open Source Software in our own app

Question

We are creating a web app utilizing Google Speech2Text (https://www.google.com/intl/en/chrome/demos/speech.html).

We know that we should be aware of the acceptable use policy, and also plan on monetizing the app at some point, so we are worried that using this W3C/Google technology we will be relinquishing some rights to our own software. Or maybe we will be forced to make it open source or similar.

So my question is: What implicit usage rules are typical in free software, especially software that is collaborated on between 2 or more groups/companies. For example, I wasn't able to find a "Google & W3C Terms and Conditions for Speech Technology" doc. I just don't fully understand what we are agreeing to using this.

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Answers: 3 public & 1 private

34479e6a58
Patent Attorney

Hi,

This is general information and not legal advise:
You really need an attorney to go over your agreements and advise you. You are correct, the use of open source code can cause your derivative work to be owned by the open source code provider. Or you may have waived any rights to your own IP. Different "open-source" providers have different user agreements. Case law in Europe has upheld open-source agreements in the favor of the provider, but it isn't as clear in the US what may happen. So it's complicated. I'm not sure why you can't find a copy of their agreement, but there has to be one somewhere available. FYI … in the mean time, until you get an attorney, It may be wise to keep track, accurately, in the code itself (with remarks) what is "open-source" and what is your work. Keep in mind that not only the actual code itself may effect ownership, but the architecture as well. For example, how you call to a library, or where the code is stored in memory.

Hope this helps,
Mary

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