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 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 Launches IP Law Tracker Blog
    Monday, December 01, 2014

    SOUTHFIELD, Mich. – Brooks Kushman, Michigan’s largest intellectual property (IP) law practice, recently launched a new blog, IP Law Tracker, to focus on emerging trends affecting businesses. The blog will offer information and analysis on topics such as IP legislation, federal and Supreme Court rulings, and updates from the United States Patent...

  • 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...

    • 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 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...