Date 29 December 2013
Suppose someone at your company wants to open-source something. This has never happened before and you’re not sure what to do. Do you just put it up on GitHub? Announce it in a press release or blog post? How do you know that the code is OK to open-source? There is a lot of planning to do, and it all starts (unfortunately) with the legal department.
Giving away company assets is as much a legal issue as anything else. The very first conversation should be with an appropriate member of your company’s legal team to discuss the ins and outs of open-sourcing. In larger companies, one or more intellectual property (IP) attorneys are likely on staff or on retainer; in smaller companies, this conversation might start with the general counsel. In either case, it’s important to lay out exactly what you want to do and to clarify that you’d like to formalize a repeatable process for open-sourcing projects.
The primary legal concerns tend to be around licensing, code ownership and trade secrets. These are all important to discuss openly. Because many companies have done this already, you should have a fair amount of evidence of how other companies have established their processes. The most important thing is to engage the legal department early in the process and to have a champion on the legal team who you can work with should any issues arise.