7 risks of open source software and 7 solutions

Open source software is used in many applications. Open source means that the source code of the software is public, i.e. the commands that are readable by programmers and not just the “zeros and ones” that the hardware “reads”. This generally makes it more secure and privacy-friendly. Anyone can check whether the programme is secure and, for example, does not collect personal data. Openness is central, in contrast to most other software, so that users cannot make changes “on their own”. The source code is therefore free to view, modify and reuse. This is often done by a global “community”, with the advantage that it can lead to a great deal of innovation. However, it also entails technical, legal and organisational risks, which will be discussed in more detail below.

Risks

1. Licences and intellectual property

There are hundreds of open source licences such as GPL, MIT and Apache. They are not always compatible. Copyleft licences may even require your software to also become open source. The origin of contributions is sometimes unclear. This can lead to IP claims (copyright infringement) or the obligation to open up your own source code and thus make it public.

2. No guarantee and limited liability

Many licences completely exclude guarantees and liability. This means there is no right to “support”, projects can be discontinued and community assistance is not enforceable. If the source code infringes the rights of third parties, you as a user may be liable, while the contributors may be anonymous and unreachable.

3. Vulnerabilities – public

Vulnerabilities are quickly made public through communities. Attackers therefore have the same information as you. If you do not implement updates and patches immediately, known leaks become an easy target.

4. Security – not guaranteed

Security is rarely the primary design goal and there are no contractual guarantees. Developers are often not security specialists and rely on third-party libraries that have been screened to a limited extent. These “black box” dependencies make vulnerabilities more difficult to identify and remedy. Unethical hackers are therefore a risk (but also with software without public source codes).

5. Weak supervision of use and integrations

Without a strict process, teams easily use different versions of the same library, with conflicting licences or functions. Documentation about which components run where is often lacking. Unlike commercial software, you have to ensure correct use and version management yourself.

6. Operational burden and complexity

Every additional component requires management: keeping track of what you use, in which version, with which licence and which updates are required. Without clear responsibilities and tooling, this quickly becomes a heavy burden for busy teams and creates unnecessary complexity.

7. Careless development practices

Risks increase when developers copy and paste individual code fragments, share components via email or separate zip files, and do not use central repositories. This makes it difficult to trace the origin, licence and security status of components and harder to detect manipulation during transfer.

How can you protect yourself and your organisation?

1. Integrate security into the development cycle (DevSecOps).

– Involve security early in the process.

– Let security specialists help decide which components are used and under what conditions.

2. Use specialised tooling.

– Automate the inventory of components and licences (Software Composition Analysis).

– Scan code and applications with SAST tools (an application that searches for known patterns that may indicate errors or vulnerabilities) and DAST tools (Dynamic Application Security Testing) to find vulnerabilities in a timely manner.

3. Establish clear policies.

– Determine which sources and licence types are permitted.

– Apply criteria such as patch speed, release frequency, number of known vulnerabilities and community vitality.

– Specify when individual components are permitted and when a complete codebase is adopted.

Conclusion

With a combination of policy, tooling, and clear responsibilities, you can reap the benefits of open source without taking unnecessary risks. So check the legal side of open source; it is also a strategic choice. The government (piano.nl) also provides good information. We are happy to advise you on your legal considerations.


About the author

Bert Gravendeel

Intellectual property & IT and ICT law