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Open Source Software, Intellectual Property Protection To A Number Of Issues

Posted on:2007-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:M QinFull Text:PDF
GTID:2206360185972575Subject:Law
Abstract/Summary:PDF Full Text Request
Although we proudly declared that we have made great strides forward economic knowledge age and we are expending products containing more and more knowledge, however, it appears that as individual we are more ignorant than the people of any time. Our ignorance; is because of the knowledge explosion which comes from more and more closer and closer social division of labor and also exists in the "asymmetrical information" when consumes the knowledge contained products. When "the knowledge" obtains the legal asylum and appears in the shape of intellectual property rights massive contradiction of knowledge and ignorance comes out. When the protection of law to "knowledge" makes "knowledge" have all the characteristics of "power" and can control and enslave other people, the struggle of knowledge control and counter-knowledge control inevitable appear.The system of intellectual property rights has a paradox: On the one hand, the intellectual property rights are a kind of legitimate monopoly right. If the intellectual property rights of the productor and his successor are not acknowledged and effectively protects, it is difficult and unsafeguarded for the scientific and technological intelligence achievement or the cultural and art intelligence achievement including the software inventors and the achievement transformation makes to obtain the reasonable repayment and the corresponding value. people to the invention creation, the literary and artistic creation and other intelligence achievements transform therefore the enthusiasm and the activity of the people maintains with difficulty. On the other hand, if too much protection of IPR is given the intelligence achievement productor and his successor intellectual property rights the legitimate intellectual property rights monopolist has the possibility to abuse its monopoly as a result, the promoted application of the intellectual achievement and the proper usage of the IPR will be hindered because of the monopolist's persuit of excessive profit or wrongful benefit and the socialized use of the intelligence achievement and the optimized disposition...
Keywords/Search Tags:Source code, Open source software, Software license, Copyright, Patent
PDF Full Text Request
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