ISSUES OF USING OPEN SOURCE COMPONENTS UNDER THE TERMS OF FREE PUBLIC LICENSES IN THE DEVELOPMENT OF SOFTWARE PRODUCTS

The article examines the theoretical and practical problems of legal regulation of using Open Source components under the terms of public licenses in the development of software products. It was noted that the issue of free software (software) in the creation of final products requires due attention and legal regulation. This applies to both software development contracts with end customers and personnel agreements (employment contracts, software development agreements with contractor developers, as well as gig contracts). Types of free public licenses (GNU General Public License (GPL), MIT License, Apache License, Creative Commons, and BSD License) are considered, which differ in terms of the use of licensed products and restrictions placed on the user-developer. Special attention is paid to the study of problematic issues related to the legal regulation of public licenses and their recognition as validly concluded in connection with compliance with the form established by law. It is consistently argued that the fact of joining a public license by performing certain actions (reproduction, recording in computer memory, modification, distribution, etc.) can be considered as confirmation of the legality of the use of the copyright object and (or) related rights of free use. The concepts of «processing», «modification» and «adaptation», which are important in connection with the use of free Open Source components in the development of commercial software products, are analyzed, and a conclusion is drawn regarding their distinction. Related issues of determining the legal status of the final software product, in the development of which Open Source components were used, are being investigated: a derivative work, a composite work, or a complex work. To draw the conclusion that the presence of legal regulation of the mechanism of the functioning of public licenses in Ukraine, established by the new version of the Law of Ukraine «On Copyright and Related Rights», still raises problematic issues in law enforcement practice. It is noted that despite the mentioned changes in the legislation regarding the regulation of public licenses, a number of issues that pose risks for the IT business and may be an obstacle to the further commercialization of a software product created using free software continue to remain complex and insufficiently regulated.