What open source means for privilege
2026-10-22 · Governance
Open source solves lock-in and creates a maintenance burden. It also sharpens who owns the audit trail.
If the audit trail is on your infrastructure, the vendor's terms stop being an answer. You own it.
Open source solves one problem and creates two. It solves lock-in: the firm keeps the method even if the vendor vanishes. It creates a maintenance burden, because no one is coming to patch your fork.
And it sharpens the privilege question, because the audit trail now lives on your infrastructure — which is better for control and worse for excuses.
If a client asks how their document was handled, the vendor's terms said so stops being an answer. You own it.
Written for legal professionals. Not legal advice. Always verify every authority and let a named lawyer sign off.