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The Analysis of Intellectural Property Protection of Open Sourse Software

Author: LiRui
Tutor: ShouBu
School: Shanghai Jiaotong University
Course: Civil and Commercial Law
Keywords: open source software copyright licensing agreements of intellectual property software patents intellectual property right
CLC: D923.4
Type: Master's thesis
Year: 2008
Downloads: 158
Quote: 1
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Abstract


Distinct from traditional commercial software, open source software, a newly emerging software, spreads around the world rapidly. With characters of freedom, innovation and sharing, it has a tremendous impact on IP protection system of traditional computer software.Analyzing from the IP protection system of traditional computer software, this article demonstrates the current status of copyright and patent approaches of protection and conflicts between them. Subsequently, Chapter III introduces the origin and development of Open Resource Movement and summarizes the impact that open source software has brought on IP protection system of traditional computer software. Chapter IV focuses on the license agreement of open source software, and analyzes its defeats under copyright approach of protection: on one hand, open source software can not completely overcome deficiencies under the existing traditional software copyright protection mode; on the other hand, open source software brings potential risks to companies because of its unstable character. Considering the typical development mode and commercial operation mode of open source software, Chapter V introduces market mechanism analysis. It points out that patent system plays a significant role in IP protection system and promotes scientific and technological innovation, knowledge growth, as well as protection of social public interests from aspects of national industry, software developers and commercial enterprises. Finally, it draws the conclusion that open source software should be applied a protection of combination of copyright and patent protection, which could improves the future developments of open source software industry.

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