Using Open Source Software in our own app

弁理士

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

内容領域専門家

In this case it also makes a difference whether you are using Speech2Text as API, or that you are using the code behind the Speech2Text API. If you are using the API the regular terms and conditions apply. Part of that says:

"You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. "

This means that Google will be able to influence the availability of your web app if they suspect it is breaching their policies. This is something you should really let some professional dive into if you want to monetize your app.

If you are using the code behind the Speech2Text, Mary already sketched the landscape.

Hope this helps.

弁護士

Referring to the response "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." you need to make a conscious decision of what open source to use. I have had numerous clients over the years that either in the process of licensing their technology or selling their software business, that a thorough investigation was used determining the open source used. In the former, the question is to make sure that the complete set of rights can be conveyed to the licensee. In the later, it is a much larger issue of what rights can be sold to the acquirer. The recommended approach is to keep track of it, and be prepared to substitute non open source.