| It is of great theoretical and practical significance that studying and understanding the relevant legal issues of GPL(General Public License)for it is the most important open-source software license agreement. With the rapid development, open source software penetrate into all aspects of information industry gradually, which deal with some important issues such as digital copyright and software patents, and has significant impact for IPR (intellectual property right) protection. Last year GPLv3 (GPL third edition) has been published, replacing the GPLv2 (GPL second edition), which caused a great controversy. After analyzing relative concepts, characteristics, main contents, the distinction between new and old GPL and introducing the history of GPL, the author attempts to probe into several main legal issues, including the mode of software protection and digital rights management by the theory to balance the interests of intellectual property rights. Open-source software aims to restrict private bodiless property right and maximize the protection of the interests of the public. The author pointed out personal recommendations on China's legal system to protect the development of open-source software in our country after analysis of the situation and their legal regulation in various countries such as Amercia,EU,France and Australia. This paper is divided into six parts. The first part was the introduction, which mainly include the theoretical and practical significance of protection of intellectual property rights on GPL. The second part studied the concept and meaning of GPL and analyzed the specific content of GPL in order to probe into new development and related legal issues from the difference between the new and old GPL and the GPL contrast to other open-source software licenses. The third edition of GPL will address the main issues that prevent GPL software meeting with"the theft by the name of patent"and restrict operate the free software based on the GPL agreement on some equipment installed DRM (Digital Rights Management) program. The third part treat of possible risk with the open source software and believe should protect spacious public interests on the basis of the Interests Balanced Principle. The fourth part discussed the choice of the mode of software protection due to GPL and designed the mode of software protection for our country. The fifth part analyzed the conflict between GPL and digital rights management and brought forward the legislative advice. The author thought that relative legislative principle of our country is the Interests Balanced Principle, which is limiting intellectual property rights and giving priority to supplement the public interest. The fourth Part and fifth Part are the key parts of the paper. The sixth part is the end of the paper-a summary. |
PDF Full Text Request