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The Research on Legal Effect of Open Source Software License

Author: TuWenShi
Tutor: LuoYuZhong
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Open source software licenses The legal effectiveness of the license Source code
CLC: D923.4
Type: Master's thesis
Year: 2011
Downloads: 45
Quote: 0
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Abstract


With the advent of the era of economic globalization and information explosion, as the various functions of computers and the Internet to provide a variety of information for human software is increasingly important. Commercial software developers, however, are highly confidential source code, and continue to pass laws to create a monopoly, which greatly hindered the development of the software industry and serious damage to the interests of the users of the software. Richard Stallman launched the free software movement, open the software program's source code is freely shared software. The multiple meanings of the word \It accepted by the business community for software development better able to make free software and open source software to replace the free software. However, a new problem has emerged: commercial software developers to develop new software based on open source software sold as a commercial software program source code at the same time of confidentiality the new software. In order to solve the problem of the sustainability of the open source software, Richard Stallman creative design and Copyleft the copyright ideology Copyright corresponds to mechanism. This mechanism was later developed into an open source software license, the perpetual open source for the protection of open-source software. With the advent of open source software license, commercial software developers once again aware of the advent of the threat, began to permit a variety of attacks: advocate of open source software license itself does not have the nature of the contract, and threatened its no official text and translation questioned The general terms and conditions of the license and unsecured Terms effectiveness. Its hope that through these means to deny the permit for the protection of the open source software. Proposed for these problems, causing great concern to academia, the business community has also appeared in individual litigation about the effectiveness of the open source software license. Because open source software conforms to the development trend of the times, and has a legitimate form of sound from the community have expressed their opposition to commercial software developers advocate. By theoretical analysis and survey analysis, informed that the license itself with the nature of the contract, the general terms and conditions shall have the force of law, its unsecured Terms of the existence of the unreasonableness of the. In order to provide a good platform for the development of the open source software, open-source initiative to defend the freedom of the open source software shared action organizations and national legislative branch should take the appropriate measures to avoid open source software licenses into a variety of disadvantages.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights
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