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Checklist: establishing an open source compliance program

Strategy

Document your open source strategy covering the following areas, as relevant:

  • Strategic objectives: what benefits you intend to realize through using and engaging with open source, and how.
  • Compliance strategy: high-level strategy for ensuring open source compliance across enterprise, including the process for implementing that strategy.
  • Communications stategy: how to and who will respond to open source compliance inquiries from customers, the public, and open source projects.
  • Legal & risk strategy: how legal risk will be managed as part of the open source strategy and when legal review will be required.
  • M&A/corporate development: how open source compliance fits in to M&A and corporate development strategies.
  • Software procurement: how open source diligence will be managed for new software procurement (and audits of oustanding procurement).

Policy and Process

Establish policies for open source engagement that cover:

  • Usage of open source in internal development
  • Contribution to third-party projects
  • Distribution of open source withing proprietary products
  • Publication of in-house open source projects
  • Auditing existing products and codebases for open source
  • Fulfillment of open source license obligations, including process for responding to requests for source code, where applicable

People

Establish a core open source review team, typically consisting of participants from:

  • Legal
  • Risk & compliance
  • Security (information, network, application)
  • Software engineering

Establish a cross-functional open source policy team with representatives from every area affected by open source policies, including:

  • Legal
  • Risk & compliance
  • Security (information, network, application)
  • Software engineering
  • Office of the CIO & CTO
  • Software Architecture
  • Software Development Lifecycle
  • Network Policy
  • Internal and external communications

Establish reporting & approval chains for key open source-related issues:

  • License approval
  • Third-party OSS component approval
  • OSS-based security vulnerability remediation
  • Product release approval
  • OSS contribution approval
  • OSS project release approval

Open source management toolchain

Put in place software tools to manage key open source management processes:

  • Approval workflows: managing and automating the initiation, review, and approval of requests subject to open source policies, e.g. to use/incorporate a new open source component or license, modify an open source component, release a project as open source, etc.
  • Project management: tracking usage of and modification of open source components within an internal development project.
  • Inventory management: tracking open source components in use across versions and projects.
  • Code review: enforcing and facilitating review of open source contributions and open source usage in products prior to contribution or publication.
  • Compliance automation and audit: see TBD Open Source Compliance Toolchain Checklist.

Training and Education

Institute training and documentation to increase awareness of and compliance with open source processes, including:

  • Formal training on intellectual property, open source licensing and risk, internal policies and processes, and industry practices.
  • High-level review of policies and guidelines in new employee orientation.
  • Comprehensive, accessible documentation of policies, processes, systems, and guidelines relevant to engineers
  • Presentations from internal and external speakers on open source success stories, best practices, etc.

Communication

Publish materials communicating your open source strategy, policies, and related content as applicable, including:

  • Internal messaging
  • External messaging
  • Internal website content
  • External website content

Industry initiatives

Where appropriate, align policies and processes with, and participate in, industry open source compliance-related initiatives, such as:

  • FINOS Open Source Readiness working group
  • FINOS Open Source License Compliance Handbook project
  • OpenChain Project (Linux Foundation)
  • SPDX Project (Linux Foundation)
  • TODO Group (Linux Foundation)
  • Open Compliance Program (Linux Foundation)
  • Open Source Compliance Tooling Group (OpenChain/LF)