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Copyright versus patents: the open source software legal battle

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  • LEVEQUE, François
  • MENIERE, Yann

Abstract

Open Source Software is often viewed as an anti-intellectual property regime. By contrast, we argue how IP law is at the heart of open source model since licenses that organize the innovation and business relationships between developers, distributors and end-users are based on copyright law. The proliferation of software patents can, however be seen as a threat for the development and deployment of open source software. We present the nature of the threat and review a series of initiatives undertaken by the open source community to address them effectively. These initiatives, such as the redesign of licenses and the creation of patent commons, are a testiment to a genuinely creative use of IP law by the open source community, not its undermining.
(This abstract was borrowed from another version of this item.)

Suggested Citation

  • LEVEQUE, François & MENIERE, Yann, 2007. "Copyright versus patents: the open source software legal battle," LIDAM Reprints CORE 1981, Université catholique de Louvain, Center for Operations Research and Econometrics (CORE).
  • Handle: RePEc:cor:louvrp:1981
    Note: In : Review of Economic Research on Copyright Issues, 4(1), 27-46, 2007
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    Cited by:

    1. is not listed on IDEAS
    2. Wen Wen & Marco Ceccagnoli & Chris Forman, 2012. "Patent Pools, Thickets, and Open Source Software Entry by Start-Up Firms," NBER Chapters, in: Standards, Patents and Innovations, National Bureau of Economic Research, Inc.

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