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Preliminary Discussion of open source code and related intellectual property jurisprudence

Author: ShiJuan
Tutor: LiaoZhiGang
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Open Source Code Software Source Code Open Source Software Movement Intellectual Property Interest Balance
CLC: D913
Type: Master's thesis
Year: 2007
Downloads: 315
Quote: 3
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Abstract


This research includes two parts: the first one is to recommend and analysis Open Source Code Software. The Open Source Software is one kind of software.Open Source doesn’t just mean access to the source code. The distribution terms of Open-source Sottware must comply with the following criteria:1、free redistribution, 2、source code;3、derived works;4、no discrimination against persons or groups;5、no discrimination against fields of endeavor;6、distribution of license;7、integrity of the author’s source code; 8、license must not be specific to a product;9、the license must not restrict other software;10、the license must be technology-neutra. The most important idea of open source is Open, Free,and Share. As the movement of Open Source having been developed, many Open Source products (the Apache HTFP server,) are category leaders in the Intemet application space, and others (Linux,) are becoming increasingly popular as components in enterprise computing architectures.The most interesting thing is the legal structure of Open Source Software (OSS) is based on Copyright and the right of Trademark, although OSS objected protecting software by Intellectual Property law. Because OSS regarded that just Copyright law leaded software to not open. It seems contradicting ,which need us make the situation clear. Moreover, people can use more and more software as they followed much less principles than under the sottware of business. This part will be written as follows: The Open Source Software＝Code＋Bazzar Model＋License, which have three chapters. Chapter 2,the definition of open code software; Chapter 3,the developing of Open Source Software Movement; Chapter 4,the license of Open Source Software and its legal questions.The other part is Open Source Software Movement(OSSM) responsed the counterclaim of software’s Intellectual Property jurisprudence. For examples, the developing of OSSM will cause having no protection to software within Intellectual Property law; why the protection of Intellectual Property is turning to unbalance in the sight of OSSM and how to repacify. In the end, to find the developing direction of Intellectual Property and to table some proposals is the aim of this research. Although in some sense ,OSSM is against today’s IP protection about software, it does not mean no IP protection at all.

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CLC: > Political, legal > Legal > UNIVERSITY > China and France
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