Legal Matters in Research Software: A Few Things Worth Discussing

Abstract: The paper discusses legal aspects relevant to the development of research software and practical approaches taken by research software engineers to deal with them. Intellectual Property Rights on software are considered alongside licensing choices made by the research community. The discussion addresses the ambiguities in the identification of the copyright holder of research software, the uncertainty surrounding liability, and remarks the varying level of support on legal matters provided by research organisations. The paper also reflects on the widespread use of AI coding assistants in the absence of institutional policies, and on the new AI regulations passed by the European Union. The aim of the contribution is to point out that a better understanding of legal matters concerning software development is an asset in giving research software the right value it deserves as a driver of scientific progress.