Commercializing software
Overview of Software Exploitation
At ETH Zurich, exploitation of software, including open source software (OSS), typically involves four key stages from a legal perspective. They are described below and illustrated in the accompanying overview infograph. This overview aims to provide authors with a structured understanding of the various options, requirements, best practices, critical decision points, and common pitfalls they may encounter during software development at ETH Zurich. We strongly encourage ETH software authors to familiarize themselves early with these opportunities and challenges, enabling informed decisions and promoting successful commercialization.
Software projects may be funded either through external sources, such as academic, industrial, and governmental sponsors, or through internal ETH funding. Externally funded projects are governed by the rights and obligations defined in the corresponding research agreements, while internally funded projects are subject to Swiss law and ETH internal guidelines. In both cases, it is essential to address key considerations early on, including the assignment of copyright from non-employee contributors to ETH Zurich, as well as the clearance of licenses and access restrictions associated with any code or data used in the project.
Upon completion of the software as the project result, a critical decision must be made regarding the releasing strategy: whether to pursue a proprietary or open-source pathway. In the absence of existing contractual obligations or restrictions, this decision should be based on a thorough assessment of the project's goals, stakeholder interests, and the software’s commercial potential, taking into account the distinct characteristics of each approach:
- Proprietary path: offers controlled dissemination, dedicated testing, and exclusive commercialization opportunities. It is particularly well-suited for product-oriented business strategies.
- Open-source path: enables broad dissemination and low-cost testing, supports flexible and service-oriented business models, enhances developer visibility and reputation, and contributes to societal benefit.
If pursuing the proprietary path, the release process depends on the presence of contractual obligations:
- Without such obligations, the software may proceed to direct commercial licensing, managed by ETH Transfer – IP & Licensing team.
- With contractual obligations, the process is managed either by ETH Grant Office for Swiss or international grants or by the Research Contracts Group, who is responsible for commercial contracts.
If pursuing the open source route, the responsible group leader (normally the professor) is authorized to release the software under a recognized open source software licenses, provided the conditions outlined in the ETH Zurich Exploitation Guidlines (RSETHZ440.4) are met. A detailed break down of relevant policies and release procedures can be found at Policies and Processes.
Following the selected release pathway, the software becomes available either as licensed proprietary software for use by commercial partners or as OSS, accessible to the general public through platforms like GitHub.
Importantly, early considerations in software development, such as license selection and copyright assignment, can have significant and often irreversible implications for future business strategies, particularly in the case of OSS. Therefore, commercial and strategic considerations should be evaluated early in the project lifecycle, rather than addressed retrospectively. For more information, please refer to open source software.
