Open Source, AI, and the Law: A Week of Insight and Innovation

By: Joelle Harvill
Licensed Attorney in Michigan, North Carolina, and Tennessee

Week at the Intersection of Technology and Law

On October 13, 2025, I kicked off a week immersed in the dynamic intersection of technology and law. My journey began at All Things Open 2025—the largest open-source, tech, and web conference on the East Coast—hosted in Raleigh, North Carolina, one of the nation’s fastest-growing technology hubs. With over 5,000 technologists, developers, and innovators in attendance, the conference celebrates open source, collaborative innovation, and the ethical deployment of emerging technologies. For an attorney like me, it offered direct access to the technical minds and thought leaders shaping today’s most pressing legal challenges in intellectual property, data privacy, cybersecurity, and artificial intelligence.

From Conference to Campus: The Legal Conversation Continues

The week came full circle at North Carolina Central University School of Law’s 2025 Technology and Law Summit, where experts explored how artificial intelligence, data privacy, cybersecurity, and intellectual property law are reshaping both business strategy and legal practice. A clear theme emerged across both events: software licensing lies at the core of how technology generates commercial value—or risk.
The Case to Watch: Software Freedom Conservancy v. Vizio

On January 12, 2026, a closely watched trial kicks off in California: Software Freedom Conservancy, Inc. v. Vizio, Inc. The outcome could redefine how companies manage open-source license obligations and influence how courts interpret third-party beneficiary rights in technology contracts.

In this case, Software Freedom Conservancy (SFC) claims Vizio breached its obligations under the GPLv2 and LGPLv2.1 open-source licenses by failing to provide a copy of the source code for various open-source software embedded in its SmartCast TVs. This software powers key features with Amazon Alexa, Google Assistant, and Apple’s Siri. The SFC purchased Vizio TVs and demanded the corresponding source code—an essential feature of these “copyleft” licenses that ensure users retain the right to study, modify, and share the software they receive.

What makes this case novel is SFC’s legal strategy. Instead of advancing a federal copyright claim, SFC is suing under state contract law as a third-party beneficiary—arguing that end users like itself were specifically intended to benefit from the contractual promise to provide source code. Vizio, by contrast, argues that copyright law preempts such contract claims. So far, both federal and state courts have rejected that argument, setting the stage for a precedent-setting jury trial.

The central question is simple but consequential: were users like SFC intended third-party beneficiaries of the open-source license? If the jury agrees, companies distributing open-source software may face broader—and more enforceable—contractual obligations than previously imagined.

Lessons for Companies

The Vizio case highlights a critical compliance and risk issue: open-source software licenses are not “free” in the legal sense. They come with conditions that, if ignored, can lead to serious business consequences. Every agreement to use, modify, or distribute open-source code is a legal promise—to pass along rights, share source code, and respect the ecosystem that enables open innovation.
For companies integrating open-source software into proprietary products—or hiring developers who do—understanding license terms is essential. Missteps can jeopardize trade secrets, delay product launches, or trigger litigation.
At our firm, we help companies bridge the gap between technical innovation and legal compliance. Whether it’s software licensing, technology transactions, data privacy and cybersecurity, or AI governance, our goal is to help clients innovate with confidence—without losing sight of legal and ethical boundaries.

Let’s talk. If your business touches software, now is the time to ensure your licensing strategy is as smart as your technology.