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NISCAIR ONLINE PERIODICALS REPOSITORY (NOPR) >
NISCAIR PUBLICATIONS >
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Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.17 [2012] >
JIPR Vol.17(6) [November 2012] >
| Title: | Open Source Software Paradigm and Intellectual Property Rights |
| Authors: | Vasudeva, Vikrant Narayan |
| Keywords: | Open source software
Intellectual property rights
License
Proprietary
Copyleft
Open patent |
| Issue Date: | Nov-2012 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | Open source software represents a paradigm
shift in the field of software development. This new community based software
development model, instead of relying on the conventional proprietary model of
limited access, invites programmers globally, to freely copy, share, and modify
the software. It is a misconception to believe that the general approach of
open source software (OSS) towards IP laws and focuses on specific issues that
emanate from the interaction of the OSS model with the existing intellectual
property rights structure. How IP open source programs are placed in the public
domain; they are very much protected by intellectual property laws, but
distributed under terms which instead of being restrictive promote access. This
way it challenges the established norms of all existing branches of intellectual
property. The open source movement necessitates scrutiny; more than just being
a new fangled approach, it catalyses debate regarding both the mode of software
production and its protection. It is being used to propel arguments to revisit
intellectual property jurisprudence. After all, the intention of the
intellectual property-software system is to catalyse innovation and ultimately
serve the society. How IP impacts on the OSS model and how OSS uses IP in a
novel way to achieve its ends are discussed in this article. |
| Page(s): | 511-520 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.17(6) [November 2012]
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