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Of computer software patent system homologous to the conflict and coordination of the code open

Author: XiaYangTian
Tutor: ZhangXiaoMu
School: China University of Political Science
Course: International Law
Keywords: Business Software Patent law Open source software Conflict Coordination
CLC: D997.1
Type: Master's thesis
Year: 2008
Downloads: 110
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Abstract


Computer software plays an increasingly important role in the information society of today, but with them the importance of the position does not match the facts: now choose what kind of legal protection and regulation of the software, countries around the world is no consensus on The practice is also different. Although the last century, gradually established a mainstream approach to the protection of software copyright law, but the mainstream also means that copyright law is not the only choice. Especially in the last century, the US-led software big country, began to gradually give up the copyright law to look to switch to more efforts in protecting the patent law, to carry out the various attempts to the practice field, and theoretical circles. While some countries of the European Union as the representative of a more negative attitude to the selection of patent law, but it is undeniable is the practice of patent law to protect computer software has been gradually threatened the mainstream of the copyright law. Aside the contention of the mainstream status of copyright law and patent law, the free software movement is also the end of the last century, the stage of history. Although the middle experienced the change from free software to the formulation of the open source software, but the same in the movement's insistence on freedom, equality, openness and innovative ideas. Now represented by Linux and open source software development and growth, but at the same time open-source software also had to face the threat of patent protection for traditional commercial software. Commercial software and open source software conflict since the SCO v. IBM case is officially surfaced in this paper in the hope that mining the causes of conflict in both the correlation analysis on the basis of coordination of the coexistence of the future to look ahead. In the structure, the paper is divided into a body of four chapters and conclusions. The first chapter is the exposition of the three chapters pave the way introduced: Firstly, the first case of open source software patent infringement allegations - SCO v. IBM case, a brief introduction of the two contradictions. On the basis of computer software and source code analysis, discusses the need for intellectual property protection of computer software, and briefly introduced the parties to the conflict in the choice of intellectual property law issues, for the last three chapters discourse for some comb. Chapter II computer software patent system. First, sort out the history of the entire software legal protection, leads to two major trends in software patent protection and the open source movement, and then discusses the reasons for the rise of software patent law system, were introduced to the exploration and practice of the United States, Japan, the EU software patent protection. The main purpose of this chapter is to introduce a patent law protection software system gradually established in the parties dispute the facts, as well as a clear rise of rationality. The third chapter discusses the source code open to all kinds of practical problems. This chapter begins the history of open source software and defined conditions, some discourse, to lay the foundation for the subsequent sections. Focuses on open source software licenses, in particular, is it different from the traditional software licenses, copyright-based license practices. Finally, the open source practices the philosophy of law, economic and scientific value analysis in recognition of its positive significance of innovation and information diffusion. Chapter IV with the focus on the discourse of both conflict and coordination. The first major conflict of the two performance - open source software, patent risk, followed by the causes of conflict between the two do in-depth discussion from a technical level and conflict of interest level, and finally, in-depth analysis on the recent integration of the software patent protection and the open source trend. Finally, the conclusion from the recent and long-term both analysis the possibility of co-existence of software patent protection and open source practices and make sure conclusions

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CLC: > Political, legal > Legal > International law > Private international law > International Civil
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