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Discussion on the Legal Issues about the Open Source Software License

Author: JinMei
Tutor: LuoYuZhong
School: Huazhong University of Science and Technology
Course: Economic Law
Keywords: Open source software Source code Open source software agreement Rational use of
CLC: D923.41
Type: Master's thesis
Year: 2004
Downloads: 335
Quote: 7
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Abstract


The rapid development of computer software, the legal protection of software is becoming increasingly important. Countries in the world has launched a software patent research, and on the basis of the copyright laws, relaxation of the standard software patentability. This paper introduces a new concept of open source software, software legal protection mode selectivity from another free point of view, the point of view of the interests of the public to study the problem. Software from source code, structure, functions and levels. Which the source code is a way to directly identify the format, but also including programmers program written statement, that is synchronized with the program review and comments. It reflects the programmer's ideological trajectory, the object code is edited also can be regarded as a source code. Open source, easy due to the principle of copyright does not protect ideas \Therefore, the majority of commercial software protocol prohibited by the agreement parties (users) into the source code. On the other hand, the source code modify FLAC author, perfect work is also of great significance. Therefore, open source software, with its unique development model has won the favor of the world, but also stimulate the enthusiasm of a programmer's development; SCO v. IBM case will be heard in April this year, breaking the ideal state envisioned by the people, and thus The reasonableness of the open source software, open source software, the legality of the agreement and other issues on the agenda. This article first affirmed software project of democratization by introducing the analysis of the origin of the open source software, and open source software agreement, copyright is a prerequisite for survival of the open source software, and then, through the study of open source software agreement practice, mapping out the current open source software agreements exist some problems, and the pros and cons of the relationship, through the comparative study of the copyright law and patent law to protect deduce too much emphasis on the strong technical support of protection of the right is not enough to balance the interests of society, not to promote scientific and technological progress, laws need to retain a certain amount of creative space for the user community. The open source movement herald the development of the software industry will be more commercialized, the legitimate owner of the software works and will hold all or part of the source code to ensure the security and stability of the software. Microsoft is a typical example of our government open source. Therefore I believe that the mode of protection of computer software in the existing system of legal protection, fully promote copyright transfer agreement to promote the free exchange of copyright, to reduce the negative impact of the legal and economic technology. Finally, I hope that this thesis can play a valuable feedback effects, and a new perspective to provide legal protection for our software research.

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