Assessment of Open Source Practices as Part of Due Diligence in Merger and Acquisition Transactions

Investment Rating - The report does not explicitly provide an investment rating for the industry Core Insights - The assessment emphasizes the importance of open source software in corporate transactions, highlighting that nearly all acquisitions involve software, necessitating thorough software due diligence [7][8] - The report outlines a checklist for evaluating open source practices during mergers and acquisitions, focusing on compliance with open source licenses and the organization's ability to manage open source software effectively [9][10] Summary by Sections Introduction - The report discusses the prevalence of software in daily operations and the growing significance of open source software across industries [7] - It notes that companies are increasingly leveraging open source for faster innovation and enhanced engineering resources [7] Chapter 1: Evaluation Categories - The report identifies 13 categories for evaluating open source practices, including discovery of open source software, compliance with license obligations, and community contributions [11] - Each category is explored in detail, providing a framework for assessing an organization's open source compliance [11] Chapter 2: Preparing for an Audit - Acquisition Target - Organizations are advised to maintain a complete software inventory, including open source components, to ensure compliance [66] - The report emphasizes the need for a structured approach to open source compliance, including policy, process, staff, training, and tools [66][74] Chapter 3: Preparing for an Audit - Acquiring Company - The report outlines three primary audit methods: traditional, blind, and DIY, allowing acquirers to choose the most suitable approach for their needs [81][89][92] - Each method has distinct advantages, such as confidentiality in the blind audit model and cost-effectiveness in the DIY approach [89][92] Recommended Practices - The report provides a set of recommended practices for organizations to follow, including avoiding common mistakes and creating a compliance improvement plan post-acquisition [35][36] - It stresses the importance of training and communication to ensure all employees understand open source compliance requirements [44][74] Conclusion - The report concludes with worksheets to help organizations track their open source compliance practices and assess their implementation status [12][36]