In today’s technological world, products are using software more than ever. Many of these products include new technologies and advancements that implement open source software to operate their systems and functionality, which may be found in consumer electronics, medical devices, automobile technology, cell phone applications and computer software.

Open Source Software is appealing to software developers because of its ease of accessibility, cost savings, and improvement to product development timing. While Open Source Software is free of charge, it is not free of legal implications. Legal risks associated with use of Open Source Software could include liability for copyright infringement if license terms are not complied with, and waiver of your company’s intellectual property rights in the resulting product. It is critical to understand and manage these terms as they apply to your software, before your products are introduced in the supply chain.

An OSS compliant company with a robust compliance process may have an advantage over its competitors from a customer’s point of view. A proper compliance process may insulate you and your customers from liability for violation of Open Source Software terms.

At Brooks Kushman, we help our clients identify what open source is in their products, understand what license terms govern the use and distribution of that open source, and help formulate a strategy to complying with open source license terms. Brooks Kushman will provide you and your organization with practical guidance in the following areas:

  • Auditing your software to identify the Open Source components 
  • Understanding your legal obligations in the Open Source licenses 
  • How to develop and distribute products to minimize Open Source liability 
  • Managing Open Source in purchasing and sales

Brooks Kushman has a robust team of attorneys and agents that lead the firm’s open source practice. Each attorney has extensive experience in the field. Our knowledge within the industry expands well beyond the technology itself. We work to understand our clients supply chain.

We are a proud partner of Rogue Wave Software® and utilize their OpenLogic® proprietary open source scanning engine to analyze our client’s software. Brooks Kushman’s legal expertise combined with Rogue Wave Software auditing services allows us to provide efficient and reliable compliance strategies.

  • Brooks Kushman Shareholder to Speak at IP Counsel Café Annual Silicon Valley Conference; Four Shareholders to Attend
    Monday, April 23, 2018

    SOUTHFIELD, Mich. – Brooks Kushman shareholder John LeRoy will be speaking on a panel at IP Counsel Café is hosting their Annual Silicon Valley Conference in Palo Alto. LeRoy’s panel will focus on recent developments, security concerns, and best practices for ensuring compliance with Open Source Software. IP Counsel Café...

  • Brooks Kushman Shareholder Recognized as Michigan IP Litigator of the Year
    Monday, March 19, 2018

    SOUTHFIELD, Mich. – Brooks Kushman is pleased to announce that Managing Intellectual Property has recognized Shareholder John LeRoy as Michigan’s Outstanding IP Litigator of the Year. This award is based on rigorous and impartial research, as well as nominations from both within an attorney’s firm and from outside competitive firms. With over 15 years...

  • Brooks Kushman Welcomes Richard J. Cantor, Expands Patent Prosecution Practice
    Monday, January 23, 2017

    SOUTHFIELD, Mich. –  Brooks Kushman is pleased to announce that Richard J. Cantor has joined the firm’s growing patent prosecution practice. Richard’s practice focuses on the preparation and prosecution of domestic and foreign patent applications in the computer software, electrical and mechanical arts. His practice extends beyond patent prosecution and includes infringement...

  • Brooks Kushman Attorneys Named “IP Stars” by Managing IP
    Wednesday, May 25, 2016

    Southfield, Mich. - Brooks Kushman is pleased to announce six of the firm’s shareholders have been named “IP Stars” by Managing Intellectual Property (IP) Magazine. This comprehensive guide to leading IP firms and lawyers covers more than 80 countries. Brooks Kushman attorneys recognized as IP Stars by the publication are President...

  • Brooks Kushman Intellectual Property Litigation Attorney Honored as a 2016 “Leader in the Law”
    Thursday, February 18, 2016

    SOUTHFIELD, Mich. – Brooks Kushman shareholder, John S. LeRoy, has been named a 2016 “Leader in the Law” by Michigan Lawyers Weekly. LeRoy will be recognized along with 30 other honorees including prominent counsel and judges at the 2016 Leaders in the Law award ceremony hosted by Michigan Lawyers Weekly...

  • Brooks Kushman Publishes Sixth Edition of Intellectual Property Primer Covering the Latest Changes in the IP Landscape
    Tuesday, August 06, 2013

    SOUTHFIELD, Mich. – Intellectual property (IP) has changed more in the last 10 years than ever before. To provide a basic understanding of the various aspects of current IP law, Brooks Kushman P.C. has issued the Sixth Edition of its IP Primer. The guide is written to help those who...

  • Brooks Kushman Expands Open Sourcing Compliance Offering with Formalized Team, Outreach Efforts
    Wednesday, July 31, 2013

    SOUTHFIELD, Mich. – To address the rapid growth of open source software (OSS) in consumer electronics, telecommunications, automotive and industrial systems, Brooks Kushman P.C. recently established its Open Sourcing Management (OSM) practice group. Brooks Kushman`s OSM group helps companies understand and select OSS, and comply with OSS license terms. As...

    • Marc Lorelli Featured In Corporate Counsel Article Focused On Open Source Software ACC Panel
      Wednesday, June 27, 2018

      SOUTHFIELD, MI – Brooks Kushman Shareholder Marc Lorelli was showcased in Corporate Counsel’s June 22, 2018 article, “Open Source Software: Great for Engineers, Tougher for In-House Attorneys.” The article was written about the Association of Corporate Counsel (ACC) Corporate Counsel University, a two-day program featuring panels that focus on various...

    • Brooks Kushman Associate Featured in EE Times
      Wednesday, April 20, 2016

      SOUTHFIELD, Mich. – Brooks Kushman Associate Richard Leach was featured in EE Times’ April 18, 2016 article, “Open Source: Licensing Pitfalls May Outweigh Benefits.” The article discusses the potential pitfalls of using open source software without carefully considering the licenses involved. There are thousands of open-source licenses in use, but the...

    • Brooks Kushman Associate Featured in Sensors Magazine
      Thursday, July 30, 2015

      SOUTHFIELD, Mich. – Brooks Kushman Associate Marco Gatti was featured in Sensors Magazine’s July 24, 2015 article, “What Are Your Engineers Doing With Open-Source Code.”In the article, Gatti, Dave McLoughlin, director of open source software (OSS) auditing for Rogue Wave Software, and Will Tu, director of embedded at ARM, discuss...

    • Four Brooks Kushman Lawyers Named to 2013 Super Lawyers List; Ten Attorneys Honored as Rising Stars
      Friday, September 06, 2013

      SOUTHFIELD, Mich. – Brooks Kushman P.C. is proud to announce that several of the firm`s attorneys have been named to the 2013 Super Lawyers list for their work in the intellectual property arena. The annual Super Lawyers listing honors outstanding lawyers from more than 70 practice areas who have attained...

    • Brooks Kushman's LeRoy Discusses Open Sourcing Compliance in Crain`s Detroit Business
      Monday, June 24, 2013

      SOUTHFIELD, Mich., - Brooks Kushman Shareholder John LeRoy was featured in an article exploring the impacts of using open source software within the automotive industry in this week`s issue of Crain`s Detroit Business. The article “Cure for common codes: Devil is in details for open-source auto technology” quotes LeRoy, “Open-source is...

      • Brooks Kushman Attorneys Discuss Open Source Software Compliance
        Tuesday, October 07, 2014

        SOUTHFIELD, Mich. – In a recent article published by the Association for Corporate Counsel (ACC), Brooks Kushman Shareholder John LeRoy discusses the benefits and risks associated with using open source software (OSS), and how businesses can identify and manage these risks. Working with specialized legal and technical professionals, like those at Brooks...

        • Brooks Kushman Shareholder to Speak at SDL Developer Conference in Los Angeles
          Tuesday, September 11, 2018

          SOUTHFIELD, Mich. – Brooks Kushman shareholder John LeRoy will be speaking at the Smart Device Link (SDL) Developer Conference & Hackathon in Los Angeles, CA. LeRoy’s presentation will focus on the open source and intellectual property (IP) issues that need to be considered while developing connected cars. The SDL Developer Conference & Hackathon...

        • Brooks Kushman Shareholder Marc Lorelli To Serve As Panelist At 2018 ACC Corporate Counsel University
          Monday, June 11, 2018

          SOUTHFIELD, Mich., - Brooks Kushman Shareholder Marc Lorelli will serve as a panelist at the Association of Corporate Counsel (ACC) Corporate Counsel University in Philadelphia, PA. Brooks Kushman is also a sponsor of the event, and attorneys Kristin L. Murphy, Rachel Smith and Todd Dishman will also be attending. Lorelli’s panel, “Protecting Your Client’s IP,” will focus on...

        • Brooks Kushman Associate To Present At Embedded Systems Conference In Boston
          Wednesday, March 30, 2016

          SOUTHFIELD, Mich. – Brooks Kushman Associate Richard Leach will present during the Embedded Systems Conference on April 13, 2016 in Boston, MA. Leach and Rod Cope, Chief Technology Officer of Rogue Wave Software, will discuss legal and practical considerations in developing embedded systems using open source software (OSS). Attendees will learn...

        • Brooks Kushman Associate To Present At Embedded Systems Conference in Minneapolis
          Wednesday, November 04, 2015

          SOUTHFIELD, Mich. – Brooks Kushman Associate Richard Leach will present during the Embedded Systems Conference on November 4, 2015 in Minneapolis, MN. Leach and Dave McLoughlin, Director of Auditing Services at Rogue Wave, will discuss both legal and practical considerations in developing embedded systems using open source software (OSS). The presentation...

        • Brooks Kushman Associate to Present at Embedded Systems Conference
          Wednesday, July 15, 2015

          SOUTHFIELD, Mich. – Brooks Kushman Associate Richard Leach will present during the Embedded Systems Conference on July 21, 2015 in Silicon Valley. Leach and Theodore McCullough, senior intellectual property counsel at EMC Corporation, will discuss both legal and practical considerations in developing embedded systems using open source software (OSS). The presentation will...

        • Brooks Kushman Associate to Present at Sensors Expo and Conference
          Wednesday, June 03, 2015

          SOUTHFIELD, Mich. – Brooks Kushman Associate Marco Gatti will present during the Sensors Expo and Conference on June 9, 2015 in Long Beach, California. Gatti and Dave McLoughlin, director of open source software (OSS) auditing for Rogue Wave Software will discuss trends in OSS, developing an OSS policy and legal implications...

        • Brooks Kushman Associate to Discuss Open Source License Compliance at the 2014 Electric & Hybrid Vehicle Technology Expo
          Tuesday, September 09, 2014

          SOUTHFIELD, Mich., – Brooks Kushman Associate Marco Gatti will discuss open source software (OSS) license compliance in the automotive industry at the 2014 Electric & Hybrid Vehicle Technology Expo on Sept. 16 at 1 p.m. in Novi, Michigan. Gatti`s presentation will provide insights on types of OSS licensing and best...

        • Brooks Kushman Shareholders to Present at The Big M Manufacturing Convergence
          Thursday, June 05, 2014

          SOUTHFIELD, Mich. – Brooks Kushman, Shareholders Kristin Murphy and John LeRoy will present at the Society of Manufacturing Engineers` Big M Manufacturing Convergence on June 11. Murphy and LeRoy will host a breakout session, “Innovation and Invention: What Sets One Company Apart From its Competitors” during the event. Their session will...

        • Brooks Kushman Shareholder Marc Lorelli to Serve as Panelist at ACC Corporate Counsel University
          Wednesday, May 28, 2014

          SOUTHFIELD, Mich., - Brooks Kushman, Shareholder Marc Lorelli, will serve as a panelist at the Association of Corporate Counsel’s (ACC) Corporate Counsel University on June 3, 2014 in Minneapolis, MN. Brooks Kushman is also one of the firm sponsors for the event.Lorelli’s panel, “Protecting Your Client’s IP,” will focus on...

        • Brooks Kushman Associate Discusses IP law at the University of Michigan
          Friday, April 11, 2014

          SOUTHFIELD, Mich. – Brooks Kushman Associate, Christopher Smith, discussed a variety of topics related to intellectual property (IP) law at a presentation to the University of Michigan`s - Michigan Materials Society on April 11, 2014. Smith`s presentation covered a wide range of topics, including different types of patents, the patent application...

        • Brooks Kushman Shareholder John LeRoy to Discuss Open Source License Compliance at ARM TechCon
          Tuesday, October 29, 2013

          SOUTHFIELD, Mich. – Addressing the growing use of open source software (OSS) in consumer products, Brooks Kushman P.C. shareholder John LeRoy will speak at the 2013 ARM TechCon, a three-day conference for hardware and software engineers involved in ARM architecture used in most consumer electronics in Santa Clara, Calif. on...

        • Brooks Kushman Shareholder, John LeRoy to Discuss Open Source License Compliance at the Electric & Hybrid Vehicle Technology Expo
          Tuesday, August 27, 2013

          SOUTHFIELD, Mich., – To address the growing use of open source software (OSS) in automobiles and embedded vehicle modules, Brooks Kushman shareholder John LeRoy will discuss OSS license compliance in the automotive industry during the Electric & Hybrid Vehicle Technology Expo in Novi, Mich. The presentation is aimed at all...

          • When Business Meets IP: Six Strategies for Mitigating Risk of IP
            Monday, April 30, 2018

            In many businesses, intellectual property assets, including patents, copyrights, trademark, and trade secrets, represent critical assets essential to success in the marketplace. Protecting IP assets often requires careful planning and oversight. Missteps can result in the loss of rights or, in some instances, liability for infringing the IP rights of...

          • Creating Internal Open Source Compliance Strategies
            Wednesday, June 14, 2017

            Open Source Software (OSS) elements are ubiquitous in software today, but few companies have a robust policy for managing OSS in their supply chain. If you sell products that include embedded or application software, attention to legal obligations associated with OSS should be given to the purchasing, development, and sales...

          • Open Source Software: What Every In-house Counsel Should Know
            Monday, January 16, 2017

            Open source software (OSS) is ubiquitous in software development today, enabling technical innovation, productivity gains, and touching everything from big data and cloud to mobile and embedded. Control modules on the market today commonly include OSS components such as real-time operating systems, libraries, data interfaces, firmware, and display software. The use...