What is Open Source Licensing Essay - 782 Words

As illustrated above, open source licensing is becoming more and more dominant, especially as long as software is provided in a digital form. The purpose of this paper was to observe if and how the open source software licensing regime has challenged the protection granted to software under the intellectual property rights. In general, the outcome is that the distinct production and distribution model of open source licenses, while different, can be compatible with the legal framework of intellectual property rights protection and serve different purposes. However, a number of remaining uncertainties around the open source licenses leave room for improvements such as the possibility to make some adaptations to the license terms. The†¦show more content†¦The dual licensing model was suggested to be an effective solution for combining both licensing regimes and for overcoming legal ambiguities. Finally, the implications of software patenting were considered to be harmful for open source development and respectively open source licenses seem to be insufficient in dealing with this issue. All the conclusions and points made throughout the paper can be summarized as follows. In essence, the most important legal difference between proprietary software and Open Source is the scope of rights given to the users. Free and open source software and licenses have given an alternative to proprietary distribution but a number of these licenses in some ways can be described as more ambitious than the typical proprietary end user license agreements. This is due to the fact that the legal situation of open source is by no means as clear and definite as the drafters of the licenses intend it to be. A second resulting remark is that while copyleft and open source in general, were originally adopted as alternative and even â€Å"in controversy† with the theory of intellectual property rights, it seems that they are influenced by it and, to a certain extent, they rely upon copyright law for their enforcement. Nevertheless, the open source movement has used some features of intellectual property rights to quite different ends. It can be described as an irony that such a contrary system requires the rationale of copyright to survive andShow MoreRelatedOpen and Closed Source and What It Means1119 Words   |  5 PagesOpen and Closed Source Systems June 24, 2013 Open and Closed Source System What Open Source Means Open-Source means it is free. No one owns it, so there is no source code, no key code, and no licensing to purchase. 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