Intellectual Property Licensing Tensions: In Utilizing Open Source Software in the Formal Standard Setting Context - The Case of Apache V.2 in ETSI As a Start

2017 ◽  
Author(s):  
Jingze Li
Keyword(s):  
Intellectual Property ◽  
Open Source ◽  
Open Source Software ◽  
Standard Setting

The Impact of Open Source Development on the Social Construction of Intellectual Property

2008 ◽  
pp. 3777-3805
Author(s):  
Bernd Carsten Stahl
Keyword(s):  
Intellectual Property ◽  
Social Construction ◽  
Open Source ◽  
Open Source Software ◽  
Natural Rights ◽  
The Social ◽  
Software Changes ◽  
Information And Communication ◽  
The Impact ◽  
Open Source Development

This chapter discusses the impact that open source software has on our perception and use of intellectual property. The theoretical foundation of the paper is constructionist in that it holds intellectual property to be a social construction that is created and legitimized by narratives. In a first step, the chapter recounts the narratives that are usually found in the literature to justify the creation and protection of intellectual property. The two most important streams of narratives are the utilitarian and the natural rights arguments. In a second step, the paper proceeds to the impact that the use of information and communication technology (ICT) has on the narratives of intellectual property. From there, the chapter progresses to a discussion of the impact of open source software on these narratives. It will be argued that open source software changes our perception of intellectual property because it offers evidence that some of the classical narratives are simplistic. At the same time it will become clear that open source is not a frontal assault on intellectual property because it is partly based on ownership of intellectual artefacts. The conclusion discusses how this change of narratives caused by open source software may reflect on our institutions, laws, and regulations of intellectual property.

scholarly journals Open Source Seeds and the Revitalization of Local Knowledge

2021 ◽  
Vol 13 (21) ◽  
pp. 12270
Author(s):  
Martin Fredriksson
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Open Source ◽  
Intellectual Property Rights ◽  
Open Source Software ◽  
Memory Loss ◽  
Ecological Knowledge ◽  
Collective Knowledge ◽  
Farming Communities ◽  
Information Politics

This article engages with the resistance against the global erosion of seed diversity following the modernization and industrialization of agriculture over the 20th century. This resistance spans from local farming communities that preserve and safeguard traditional landraces to international movements which oppose proprietary seed regulations and promote free sharing of seeds. The article focuses on the latter and presents a study of the open source seed movement: an initiative to apply strategies from the open source software movement to ensure the free circulation of seeds. The erosion of seed diversity can be seen not only as a loss of genetic diversity but also a memory loss where traditional, collective knowledge about how to grow certain landraces is forgotten. Consequently, the open source seed movement is not only about saving seeds but also about preserving and revitalizing local and traditional ecological knowledge against privatization and enclosure through intellectual property rights. The aim of this article is, thus, to analyze the open source seed movement as an act of revitalization in relation to intellectual property rights and in the context of information politics.

scholarly journals The Reference to ‘A Work or Software’ as the Factor Determining the Scope of the European Union Public Licence (EUPL) v. 1.2

2021 ◽  
Vol 15 (2) ◽  
pp. 175-196
Author(s):  
Krzysztof Żok
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Computer Program ◽  
European Commission ◽  
Open Source ◽  
Open Source Software ◽  
Property Law ◽  
The European Union ◽  
Intellectual Property Law ◽  
The Relationship

Free and open source software (FOSS) has undoubtedly become an important element of intellectual property law. It is therefore not surprising that the European Commission developed its own non-proprietary licence, i.e. the European Union Public Licence (EUPL). The article examines the reference to ‘a work of software’ to determine the scope of the licence. For this purpose, the paper discusses the reasons for the creation of the EUPL, the relationship between a work and software as well as the structure of a computer program. The following considerations also include the compatible licences listed in the EUPL Appendix. The article concludes that the reference to a work or software is not accidental because it removes serious doubts arising from the concept of a computer program. Thus, this legal solution may facilitate the wider adoption of the licence.

Open Source Intellectual Property Rights

2011 ◽  
pp. 785-790
Author(s):  
Stewart T. Fleming
Keyword(s):  
Intellectual Property ◽  
World Wide Web ◽  
Property Rights ◽  
Open Source ◽  
Intellectual Property Rights ◽  
Open Source Software ◽  
World Wide ◽  
Source Code ◽  
The Internet ◽  
The World

The open source software movement exists as a loose collection of individuals, organizations, and philosophies roughly grouped under the intent of making software source code as widely available as possible (Raymond, 1998). While the movement as such can trace its roots back more than 30 years to the development of academic software, the Internet, the World Wide Web, and so forth, the popularization of the movement grew significantly from the mid-80s (Naughton, 2000).

Standard-Setting Mechanisms in Open Source Software

2008 ◽  
pp. 120-134
Author(s):  
Huibert de Vries ◽  
Henk de Vries ◽  
Ilan Oshri
Keyword(s):  
Open Source ◽  
Open Source Software ◽  
Standard Setting

Intellectual Property Rights in Open Source Software Communities

2011 ◽  
pp. 285-290
Author(s):  
Chitu Okoli ◽  
Kevin Carillo
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Software Development ◽  
Open Source ◽  
Intellectual Property Rights ◽  
Open Source Software ◽  
Virtual Community ◽  
Source Model ◽  
Software Projects ◽  
Software Development Model

Intellectual property is an old concept, with the first recorded instances of patents (1449) and copyrights (1662) both occurring in England (“Intellectual property”, Wikipedia, 2004). The first piece of software was submitted for copyright to the United States Copyright Office in 1961, and was accepted as copyrightable under existing copyright law (Hollaar, 2002). The open source movement has relied upon controversial intellectual property rights that are rooted in the overall history of software development (Lerner & Tirole, 2002; von Hippel & von Krogh, 2003). By defining specific legal mechanisms and designing various software licenses, the open source phenomenon has successfully proposed an alternative software development model whose approach to the concept of intellectual property is quite different from that taken by traditional proprietary software. A separate article in this encyclopedia treats open source software communities in general as a type of virtual community. This article takes a historical approach to examining how the intellectual property rights that have protected free/open source software have contributed towards the formation and evolution of virtual communities whose central focus is software projects based on the open source model.

‘Patches don’t have gender’: What is not open in open source software

2011 ◽  
Vol 14 (4) ◽  
pp. 669-683 ◽  
Author(s):  
Dawn Nafus
Keyword(s):  
Intellectual Property ◽  
Software Development ◽  
Open Source ◽  
Open Source Software ◽  
Social Ties ◽  
Gift Exchange ◽  
Everyday Practice ◽  
Gift Economy ◽  
Software Production ◽  
The Social

While open source software development promises a fairer, more democratic model of software production often compared to a gift economy, it also is far more male dominated than other forms of software production. The specific ways F/LOSS instantiates notions of openness in everyday practice exacerbates the exclusion of women. ‘Openness’ is a complex construct that affects more than intellectual property arrangements. It weaves together ideas about authorship, agency, and the circumstances under which knowledge and code can and cannot be exchanged. While open source developers believe technology is orthogonal to the social, notions of openness tie the social to the technical by separating persons from one another and relieving them of obligations that might be created in the course of other forms of gift exchange. In doing so, men monopolize code authorship and simultaneously de-legitimize the kinds of social ties necessary to build mechanisms for women’s inclusion.

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