Guide
Private codebase licensing: what software teams should know
Updated / Published by DATAWIN
Short answer
Some AI developers look for proprietary code with real engineering history: commits, code reviews, tests, issues, and the context explaining why changes were made. Private code your company owns differs from open-source libraries, which are already public and governed by their own licenses. Rights review matters because repositories often mix owned code with third-party components.
Why history and context matter
A snapshot of source files shows what the code is. Commit history, review discussions, test suites, and linked issues show how engineers reasoned about it. That context is what tends to distinguish a private repository from code already available publicly.
Private code versus open source
| Private code you own | Open-source dependencies | |
|---|---|---|
| Availability | Not public | Publicly available |
| Governing terms | Your ownership and contracts | The project’s open-source license |
| Licensable by you | Potentially, subject to review | Not yours to license; usually excluded |
Rights questions specific to code
- Was any code written for clients under agreements assigning ownership to them?
- Do contractor agreements assign code ownership to your company?
- Which third-party and open-source components are included, and under what licenses?
- Do repositories contain secrets, credentials, or personal data that must be removed?
What we ask in the assessment
If you select private code, we ask whether it is private, whether commit, review, and test history is present, and optionally how many repositories exist. We never ask for access to the code.
Frequently asked questions
Can I license code from a product we shut down?
Possibly, if your company owns it and no agreements restrict it. Closed and winding-down companies can still submit.
Do you need repository access?
No. The assessment only asks descriptive questions.
Sources
- Open Source Initiative, OSI Approved Licenses · reference reviewed ; not buyer eligibility verification
- GitHub Docs, Licensing a repository · reference reviewed ; not buyer eligibility verification
General educational guidance. Not legal advice.