OSS + ELC EU 2026

Talking points:

• Copyright law as a (wrong) playing field for open source software
• Working with what we have – the curious case of modifications
• Modification of software – what does this mean practically (e.g., bug fix, alteration of existing code, new code)
• Derivative work and modification in FOSS licensing
• Practical cases and “risks”
o Products
o M&As


Abstract:
There are many legal concepts that create havoc in the open source world, but only a few are as “scary” as the concept of modification and derivative work. Copyright law concept are challenging to adopt in the software context. The ambiguity of the legislation as well as the case law in many jurisdictions, such as the US and many EU countries and institutes, is proof enough that this is a convoluted topic, and not just in theory. The practical impact of derivative works and modifications runs through the entirety of the open source compliance process. In this session, we will attempt to demystify the aforementioned concepts and possibly open up more questions for discussion.